DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 20 February 2024 was filed prior to the mailing date of the office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-12 and 25 in the reply filed on 15 June 2026 is acknowledged. The traversal is on the ground(s) that “there is no serious burden to examine the claims of all of Group I-II…a complete and thorough search for the subject matter of Group I would require searching the art areas appropriate to the subject matter of Group II. Due to the similarity of the features of the group, a search for each of the claims of the group would be coextensive and, therefore, it is respectfully submitted that it would not be a serious burden upon the Examiner to examine all of the claims in this application.” This is not found persuasive because:
Respectfully, the subject matter of the non-elected groups is not off-limits. At any point during prosecution Applicants may amend the elected claims such that subject matter from the withdrawn claims is added, either as claims depending from the elected claims, or by directly amending the claims to be examined. As long as the limitations originally elected are still required by a claim, any subject matter can be added to that claim. Further, as discussed in the Restriction/Election Requirement, when all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product / apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
Applicants further argue that, a search of the full scope of the claims initially would be a more efficient use of the Office's time and resources, particularly since a search for each of the claims of the group would be coextensive. The Examiner disagrees that searching all the claims would be a more efficient use of time and resources. The Requirement has grouped claims based on the claimed subject matter, with linking claims being indicated. Since only some of the claims are being searched and examined, the Examiner can perform a search more quickly, and focus on limitations that are related and likely to be found in the same reference. If, during prosecution, a linking claim becomes allowable, the withdrawn claims depending therefrom would be rejoined and examined for patentability from a 35 U.S.C. 112 perspective. Applicants can, as discussed above, add (i.e. not replace with) limitations from the withdrawn claims, if they feel these limitations define over the applied art.
Claims 13-14, 17-18, 20-21 and 23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “orthographic projections” as recited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The Specification is objected because reference character “13” has been used to designate both piezoelectric layer and second electrode. For example, specification para. [0063] describes “a piezoelectric layer 13, and a second electrode 13 which are sequentially disposed on the base substrate 10. Orthographic projections of any two of the first electrode 11, the piezoelectric layer 13”, in which, the piezoelectric layer 13 should read, piezoelectric layer 12. Correction is required in numerous paragraphs.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, lines 5-6, the limitation “orthographic projections of any two of the first electrode, the piezoelectric layer and the second electrode on the base substrate at least partially overlap with each other;” renders claim indefinite because, claim 1, line 1 recites “a first electrode”. Therefore, it is unclear what the recited “any two of the first electrode” are.
Further, both specification and drawing fail to provide a definition of “orthographic projection”. As best understood, it appears that the limitation actually intends that “orthographic projection of the first electrode, the piezoelectric layer and the second electrode on the base substrate at least partially overlap with each other;”, or the like.
In claims 6 and 9, the limitation “the first thermal conduction layer” is confusing. It is unclear the recited “a first heat conduction layer” in claim 1 is same as “the thermal conduction layer” recited in claims 6 and 9. As best understood, it appears that the limitation “the first thermal conduction layer” actually intends that the first heat conduction layer.
Claims 6 and 9 recite the limitation "the first thermal conduction layer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12 and 25 depend on claim 1. Therefore, claims 1-12 and 25 are rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4, 8 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong (US 20220123714).
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Annotated Fig. 3, Jeong.
Regarding claim 1, Jeong teaches, a bulk acoustic wave resonator (bulk acoustic wave resonator 120, Figs. 1 to 11, Abstract), comprising: a base substrate (insulating layer 115 and substrate 110, see annotated Fig. 3), a first electrode (first electrode 121), a piezoelectric layer (piezoelectric layer 123), and a second electrode (second electrode 125); wherein the first electrode is on the base substrate (see first electrode 121, Fig. 3), the second electrode is on a side of the first electrode away from the base substrate (see the second electrode 125), the piezoelectric layer is between the first electrode and the second electrode (see Fig. 3, the first electrode 121, the piezoelectric layer 123, and the second electrode 125 may be sequentially stacked on the substrate 110 to form the resonant portion 120, para. [0062]); and orthographic projections of any two of the first electrode, the piezoelectric layer and the second electrode on the base substrate at least partially overlap with each other (see Fig. 3); wherein the bulk acoustic wave resonator further comprises: a first heat conduction layer (heat dissipation portion 130, Fig. 2) on a side of the first electrode close to the base substrate (see Figs. 2 and 3).
Regarding claim 4, Jeong teaches the recited limitations with respect to claim 1. Jeong further teaches, the bulk acoustic wave resonator according to claim 1, further comprising an isolation layer (membrane layer 150, Fig. 3) between the first electrode and the first heat conduction layer.
Regarding claim 8, Jeong teaches the recited limitations with respect to claim 1. Jeong further teaches, the bulk acoustic wave resonator according to claim 1, further comprising an isolation layer (membrane layer 150, Fig. 3) between the base substrate and the first electrode; wherein a space (see the cavity C in Fig. 2) is defined between the isolation layer and the base substrate.
Regarding claim 25, Jeong teaches the recited limitations with respect to claim 1. Jeong further teaches, an electronic device, comprising the bulk acoustic wave resonator (bulk acoustic wave resonator, Fig. 2) according to any one of claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 alternatively, and claims 2-3 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Pang (CN 111010114).
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Annotated Fig. 17, Pang.
Regarding claim 1, Pang teaches, a bulk acoustic wave resonator (bulk acoustic wave resonator, Figs. 1 to 20, Abstract), comprising: a base substrate (substrate 10, see annotated Fig. 17), a first electrode (bottom electrode 31), a piezoelectric layer (piezoelectric film layer 32), and a second electrode (top electrode 33); wherein the first electrode is on the base substrate (see electrode 31), the second electrode is on a side of the first electrode away from the base substrate (see electrode 33), the piezoelectric layer is between the first electrode and the second electrode (see Fig. 17, sandwich structure of bulk acoustic resonator: specifically includes bottom electrode 31, piezoelectric thin film layer 32 and top electrode 33, para. [0077]); and orthographic projections of any two of the first electrode, the piezoelectric layer and the second electrode on the base substrate at least partially overlap with each other (see Fig. 17); wherein the bulk acoustic wave resonator further comprises: a first heat conduction layer (heat absorption layer 40) on a side of the first electrode close to the base substrate (see Fig. 17).
From the teachings of Peng in para. [0078], heat absorption layer 40 placed at the bottom of the acoustic mirror (cavity) 20, and the pacing the heat absorption layer 120, one of ordinary skill in the art would have thought that disposing the heat conduction layer 40 inside the cavity side walls that forms first heat conduction layer on a side of the cavity would improve the heat dissipation. Therefore, in view of the teachings of Peng, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the bulk acoustic resonator of Peng and dispose the heat conduction layer 40 completely inside the cavity side walls 20 as Pent taught in Fig. 17 so that it enables increasing the heat dissipation area, thereby improving the heat absorption efficiency as Peng disclosed in para [0105].
Regarding claim 2, Pang teaches the recited limitations with respect to claim 1. Pang further teaches, the bulk acoustic wave resonator according to claim 1, wherein the base substrate comprises a first cavity (see the grooves in the annotated Fig. 17, para. [0125]) extending through the base substrate in a thickness direction of the base substrate; the bulk acoustic wave resonator further comprises a second heat conduction layer (heat dissipation member 120); the second heat conduction layer is on a side of the base substrate away from the first electrode (see Fig. 17), the second heat conduction layer covers the first cavity, and the second heat conduction layer is in contact with the first heat conduction layer through the first cavity (heat dissipation structure has a heat transfer path 110 disposed in the substrate and a heat dissipation component 120 disposed on the side of the substrate. The heat transfer path 110 is adapted to conduct heat from the heat absorption structure or the heat absorption layer 40 to the heat dissipation component 120, para. [0091, 0125]).
Regarding claim 3, Pang teaches the recited limitations with respect to claim 2. Pang further teaches, the bulk acoustic wave resonator according to claim 2, wherein the base substrate further comprises a plurality of heat conduction vias (heat transfer path 110, Fig. 17) extending through the base substrate in the thickness direction of the base substrate (see Fig. 17); and a heat conduction electrode is in each heat conduction via (heat dissipation structure has a heat transfer path 110 disposed in the substrate and a heat dissipation component 120 disposed on the side of the substrate. The heat transfer path
110 is adapted to conduct heat from the heat absorption structure or the heat absorption layer 40 to the heat dissipation component 120, para. [0091]), one end of the heat conduction electrode is in contact with the first heat conduction layer, and the other end of the heat conduction electrode is in contact with the second heat conduction layer (the heat transfer path 110 can also pass through the substrate and directly form a thermal contact or thermal connection with the heat-absorbing structure, para. [0122], Peng teaches a heat transfer dissipation component in the heat transfer path 110, which meets the limitation, a heat conduction electrode).
Regarding claim 25, Pang teaches the recited limitations with respect to claim 1. Pang further teaches, an electronic device, comprising the bulk acoustic wave resonator (bulk acoustic wave resonator, Fig. 17) according to any one of claim 1.
Claims 5, 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Pang as applied to claim 1 above, and further in view of Jeong.
Regarding claim 5, Pang teaches the recited limitations with respect to claim 1. Pang further teaches, the bulk acoustic wave resonator according to claim 1, wherein the base substrate comprises a first groove (cavity 20, Fig. 17) extending through a part of the base substrate in a thickness direction of the base substrate; an opening of the first groove faces to the first electrode (see Fig. 17). Pang does not teach an isolation layer. However, Jeong further teaches, an isolation layer (membrane layer 150, Fig. 3) is between the first heat conduction layer and the first electrode. Therefore, in view of the teachings of Jeong, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the bulk acoustic resonator of Peng and to include an isolation layer 150 as Jeong taught in Fig. 3 so that it enables increasing the heat dissipation area.
Regarding claim 7, Pang in view of Jeong teaches the recited limitations with respect to claim 5. Pang further teaches, the bulk acoustic wave resonator according to claim 5, wherein the base substrate comprises a plurality of heat conduction vias (heat transfer path 110, Fig. 17) extending through the base substrate in the thickness direction of the base substrate; the bulk acoustic wave resonator further comprises a heat conduction electrode (heat dissipation structure has a heat transfer path 110 disposed in the substrate and a heat dissipation component 120 disposed on the side of the substrate. The heat transfer path 110 is adapted to conduct heat from the heat absorption structure or the heat absorption layer 40 to the heat dissipation component 120, para. [0091]) in each heat conduction via and a second heat conduction layer on a side of the base substrate away from the first heat conduction layer; and one end of the heat conduction electrode is in contact with the first heat conduction layer, and the other end of the heat conduction electrode is in contact with the second heat conduction layer (the heat transfer path 110 can also pass through the substrate and directly form a thermal contact or thermal connection with the heat-absorbing structure, para. [0122]).
Regarding claim 8, Pang does not teach, an isolation layer. However, Jeong further teaches, the bulk acoustic wave resonator according to claim 1, further comprising an isolation layer (membrane layer 150, Fig. 3) between the base substrate and the first electrode; wherein a space (see the cavity C in Fig. 2) is defined between the isolation layer and the base substrate. Therefore, in view of the teachings of Jeong, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the bulk acoustic resonator of Peng and to include an isolation layer 150 as Jeong taught in Fig. 3 so that it enables increasing the heat dissipation area.
Regarding claim 10, Pang in view of Jeong teaches the recited limitations with respect to claim 8. Pang further teaches, the bulk acoustic wave resonator according to claim 8, wherein the base substrate comprises a plurality of heat conduction vias (heat transfer path 110, Fig. 17) extending through the base substrate in a thickness direction of the base substrate (see Fig. 17); the bulk acoustic wave resonator further comprises a heat conduction electrode (heat dissipation structure has a heat transfer path 110 disposed in the substrate and a heat dissipation component 120 disposed on the side of the substrate. The heat transfer path 110 is adapted to conduct heat from the heat absorption structure or the heat absorption layer 40 to the heat dissipation component 120, para. [0091]) in each heat conduction via and a second heat conduction layer on a side of the base substrate away from the first heat conduction layer; and one end of the heat conduction electrode is in contact with the first heat conduction layer, and the other end of the heat conduction electrode is in contact with the second heat conduction layer (the heat transfer path 110 can also pass through the substrate and directly form a thermal contact or thermal connection with the heat-absorbing structure, para. [0122]).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Pang as applied to claim 1 above, and further in view of Burgess (US 20130321101).
Regarding claim 11, Pang teaches the recited limitations with respect to claim 1. Pang further teaches, the bulk acoustic wave resonator according to claim 1, further comprising at least one mirror structure (acoustic mirror, effective region of the resonator is the area where the acoustic mirror, bottom electrode, piezoelectric layer, and top electrode overlap in the thickness direction of the substrate, para. 0139]) between the base substrate and the first heat conduction layer (see Fig. 17).
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Annotated Fig. 1, Burgess.
Pang does not teach, mirror structure comprises a first sub-structure layer and a second sub-structure layer. However, Burgess teaches a piezoelectric resonator including a first electrode (electrode 120, see annotated Fig. 1) a piezoelectric layer (piezoelectric layer 124) and a second electrode (upper electrode 128), in which, at least one mirror structure (acoustic reflector 104 ) comprises a first sub-structure layer (layer 110) and a second sub-structure layer (layer 112) which are sequentially arranged along a direction away from the base substrate, and an acoustic impedance of a material of the first sub-structure layer is greater than that of a material of the second sub-structure layer (layers 110 and 112 of high and low acoustic impedance material, respectively, are also deposited, para. [0019]). Therefore, in view of the teachings of Burgess, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the bulk acoustic resonator of Peng and dispose the acoustic reflector structure 104 as Burgess taught in Fig. 1 so that it enables controlling the impedance of the integrated acoustic wave resonator.
Regarding claim 12, Pang in view of Burgess teaches the recited limitations with respect to claim 11. Pang further teaches, the bulk acoustic wave resonator according to claim 11, wherein the base substrate comprises a plurality of heat conduction vias (heat transfer path 110, Fig. 17) extending through the base substrate in a thickness direction of the base substrate; the bulk acoustic wave resonator further comprises a heat conduction electrode (heat dissipation structure has a heat transfer path 110 disposed in the substrate and a heat dissipation component 120 disposed on the side of the substrate. The heat transfer path 110 is adapted to conduct heat from the heat absorption structure or the heat absorption layer 40 to the heat dissipation component 120, para. [0091]) in each heat conduction via and a second heat conduction layer on a side of the base substrate away from the first heat conduction layer; and one end of the heat conduction electrode is in contact with the first heat conduction layer, and the other end of the heat conduction electrode is in contact with the second heat conduction layer (the heat transfer path 110 can also pass through the substrate and directly form a thermal contact or thermal connection with the heat-absorbing structure, para. [0122]).
Allowable Subject Matter
Claims 6 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
Claims 6 and 9 would be allowable for disclosing a bulk acoustic wave resonator, wherein the first thermal conduction layer comprises a first heat conduction sub-layer and a second heat conduction sub-layer; the first heat conduction sub-layer is in the first groove and covers a side wall and a bottom wall of the first groove; the second heat conduction sub-layer is between the base substrate and the isolation layer, and the second heat conduction sub-layer and the first heat conduction sub-layer define an air gap in the first groove; and the second heat conduction sub-layer is in contact with the isolation layer.
Though, prior art of record Pang teaches a first heat conduction layer and a second heat conduction layer, Pang does not teach, the first [[thermal]] heat conduction layer comprises a first heat conduction sub-layer and a second heat conduction sub-layer; the first heat conduction sub-layer is in the first groove and covers a side wall and a bottom wall of the first groove; the second heat conduction sub-layer is between the base substrate and the isolation layer, and the second heat conduction sub-layer and the first heat conduction sub-layer define an air gap in the first groove; and the second heat conduction sub-layer is in contact with the isolation layer.
Though, prior art of record Jeong teaches, a heat conduction layer, Jeong fails to teach, a first heat conduction sub-layer and a second heat conduction sub-layer; the first heat conduction sub-layer is in the first groove and covers a side wall and a bottom wall of the first groove; the second heat conduction sub-layer is between the base substrate and the isolation layer, and the second heat conduction sub-layer and the first heat conduction sub-layer define an air gap in the first groove; and the second heat conduction sub-layer is in contact with the isolation layer.
Therefore, claims 6 and 9 would be allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Prior art Yu (US 20210399713) teaches, a bulk acoustic wave resonator, comprising: a base substrate, a first electrode, a piezoelectric layer, and a second electrode; wherein the first electrode is on the base substrate, the second electrode is on a side of the first electrode away from the base substrate, the piezoelectric layer is between the first electrode and the second electrode; and a first heat conduction layer on a side of the first electrode close to the base substrate.
Prior art Lee (US 20200395912) teaches a bulk acoustic wave resonator, including a base substrate, a first electrode, a piezoelectric layer, and a second electrode; and a first heat conduction layer on a side of the first electrode close to the base substrate.
Prior art Li (US 20230076029) teaches, a bulk acoustic wave resonator, including a base substrate, a first electrode, a piezoelectric layer, and a second electrode; and a first heat conduction layer on a side of the first electrode close to the base substrate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE K. ABRAHAM whose telephone number is (571)270-1087. The examiner can normally be reached Monday-Friday 8:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THOMAS J. HONG can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE K ABRAHAM/Examiner, Art Unit 3729
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