1DETAILED 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 .
Election/Restrictions
Applicant’s election, without traverse, of group I, claims 1-12 and 20, in ”Response to Election / Restriction Filed -03/30/2026 ”, is acknowledged.
This office action considers claims 1-20 pending for prosecution, of which, non-elected claims 13-19 are withdrawn, and elected claims 1-12 and 20 are examined on their merits.
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 of this title, 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.
Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (1; Fig 3; [0039] or C 18, L 18-37)= (element 1; Figure No. 3; Paragraph No. [0039]) or Column No 18, Line Nos. 18-17. For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” or “Column No, Line Nos" shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. The primary reference subsequent citation (Gao in this document) may not be preceded by the inventor tag, wherein the other reference citation will carry inventor tag. These conventions are used throughout this document.
Claim 1-3, 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over GUO; Jingwen et al. ( US 20220231392 A1)hereinafter Guo; in view of LIAO, Xiao-ping (CN 2729890 Y ) hereinafter Liao; in further view of Kawai, Hiroshi et al. (US 20030169146 A1) hereinafter Kawai.
Regarding claim 1. Guo teaches MEMS device (Fig 1; [0076]), comprising (see entire document, figs 3, 6,10-11 along with other figures in Figs 1-11; [0049-0080], specifically, as cited below):
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Guo Figure 6
a dielectric ([0073] glass) substrate (1; Fig 3; [0049]);
a driving electrode (2 labelled as signal electrode), a first reference electrode (3/31) and a second reference electrode (3/32) on the dielectric substrate (1), wherein the first reference electrode and the second reference electrode (3/31-32) are on two sides of the driving electrode (2) in an extending direction ([0059]) of the driving electrode, respectively;
a first dielectric layer (4,8) covering the driving electrode (2) on a side of the driving electrode away from the dielectric substrate (1); and
a membrane bridge ({51, 52a, 52b}; [0055]) on a side of the first dielectric layer (4) away from the dielectric substrate (1), wherein two ends of an orthographic projection of the membrane bridge (51) on the dielectric substrate (1) overlap orthographic projections of the first reference electrode (3/31) and the second reference electrode (3/32) on the dielectric substrate (1) , respectively; and
the driving electrode (2) is in a space enclosed by the membrane bridge ({51, 52a, 52b}) and the dielectric substrate (1),
wherein a first gap (space between 3/31 and 2, hereinafter 1stgap, as construed from spaced apart from each other in [0050]:electrode 2 and the reference electrode 3-31, 3-32 are arranged in a same layer and spaced apart from each other. The first insulating layer is arranged on a side of the signal electrode 2 and the reference electrode 3 distal to the first substrate, and covers the signal electrode 2 and the reference electrode 3;) is between the first reference electrode (3-31) and the driving electrode (2);
a second gap (space between 3/32 and 2, hereinafter 2ndgap, as construed from spaced apart from each other in [0050]:electrode 2 and the reference electrode 3-31, 3-32 are arranged in a same layer and spaced apart from each other. The first insulating layer is arranged on a side of the signal electrode 2 and the reference electrode 3 distal to the first substrate, and covers the signal electrode 2 and the reference electrode 3 ) is between the second reference electrode (3-32) and the driving electrode (2); and
But, Guo does not expressly disclose:
a thickness of a part of the first dielectric layer (4) at each of the first gap (1stgap) and the second gap (2ndgap) is greater than a thickness of the driving electrode (2);
and/or,
a second dielectric layer is on a side of a bridge deck (51) of the membrane bridge ({51, 52a, 52b}; [0055]) close to the dielectric substrate (1), and an orthographic projection of the second dielectric layer on the dielectric substrate (1) covers at least an orthographic projection of the driving electrode (2) on the dielectric substrate (1).
However, in the analogous art, Liao teaches a Radio Frequency Micro-electronics Mechanical Single-pole Double-throw Membrane Switch (title), (fig 2) illustrates, inter alia, a substrate 1, coplanar waveguide ground electrode 22, driving electrodes 3. insulating medium layer 4, a membrane 5, a support beam 6, pier 61, the air gap layer 7, micro-strip line metal layer 8, dielectric layer 9; wherein a thickness of a part of the first dielectric layer (4) at each of the first gap (between two 3’s at right) and the second gap (between two 3’s at left) is greater (Figs 2,4) than a thickness of the driving electrode (3).
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Liao Figure 2
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to adopt Liao’s configuration of Fig 2 for Gao’s dielectric layer layout surrounding driving electorde, and thereby the combination of (Gao and Liao) device comprises a thickness of a part of the first dielectric layer (4 in view of Liao 4) at each of the first gap (1stgap) and the second gap (2ndgap) is greater than a thickness of the driving electrode (2), since this thickness of medium layer 4 and its relationship to the high frequency signal 3 prevents high frequency signal loss of driving electrode 3 (Liao).
Moreover, another analogous art, Kawai teaches a RF microelectromechanical systems (MEMS) devices ([0002]), wherein (Fig 7; [0042,0062]) a protective insulating film 11 is arranged on the bottom surface of the movable electrode 10.
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Kawai Figure 7
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to include Kawai’s dielectric layer 10 into Gao’s membrane bridge (51), and thereby the combination of (Gao, Liao and Kawai) device comprises a second dielectric layer (Kawai 11) is on a side of a bridge deck (51) of the membrane bridge ({51, 52a, 52b}; [0055]) close to the dielectric substrate (1), and an orthographic projection of the second dielectric layer (Kawai 11) on the dielectric substrate (1) covers at least an orthographic projection of the driving electrode (2) on the dielectric substrate (1), since inclusion of the dielectric layer will protect the membrane (Kawai [0042])
Regarding claim 2. The combination of (Gao, Liao and Kawai) as applied to the MEMS device according to claim 1, further teaches, wherein
the thickness of a part of the first dielectric layer (4 in view of Liao 4) at each of the first gap (1stgap) and the second gap (2ndgap) is greater than a thickness of the driving electrode (2)
the first dielectric layer (4 in view of Liao 4) comprises a first dielectric sub-layer (4 over 2) and a second dielectric sub-layer (Liao 4 in gap) sequentially arranged along a direction away from the dielectric substrate (1); and
the second dielectric sub-layer (Liao 4 in gap) comprises a first filling structure (Liao 4 in 1stgap) and a second filling structure (Liao 4 in 2ndgap); and
the first filling structure (Liao 4 in 1stgap) and the second filling structure (Liao 4 in 2ndgap) are in the first gap (1stgap) and the second gap (2ndgap), respectively.
Regarding claim 3. The combination of (Gao, Liao and Kawai) as applied to the MEMS device according to claim 2, further teaches, wherein the first dielectric sub-layer (4 over 2 with Liao 4 in 1stgap) covers the first gap (1stgap) and the second gap ( 2ndgap), the first dielectric sub-layer (4 over 2 with Liao 4 in 1stgap) forms a first groove part (part of 4 over Liao 4 , Fig 2, in 1stgap) at the first gap (1stgap) , and the second dielectric sub-layer (Liao 4 in gap) forms a second groove part (part of 4 over Liao 4 , Fig 2, in 2ndgap) at the second gap (2ndgap);
the first filling structure (Liao 4 in 1stgap) fills the first groove part (part of 4 over Liao 4 , Fig 2, in 1stgap), and the second filling structure (Liao 4 in 2ndgap) fills the second groove part (part of 4 over Liao 4 , Fig 2, in 2ndgap).
Regarding claim 11. The combination of (Gao, Liao and Kawai) as applied to the MEMS device according to claim 1, further teaches, wherein
the thickness of a part of the first dielectric layer (4 in view of Liao 4) at each of the first gap (1stgap) and the second gap (2ndgap) is greater than a thickness of the driving electrode (2), and the first dielectric layer (4 in view of Liao 4) comprises a first dielectric sub-layer (4 over 2) and a second dielectric sub-layer (Liao 4 in gap) sequentially arranged along a direction away from the dielectric substrate (1); and
the second dielectric sub-layer (Liao 4 in gap) comprises a first filling structure (Liao 4 in 1stgap) and a second filling structure (Liao 4 in 2ndgap); and
the first filling structure (Liao 4 in 1stgap) and the second filling structure (Liao 4 in 2ndgap) are in the first gap (1stgap) and the second gap (2ndgap), respectively.
Regarding claim 20. Gao teaches an electronic apparatus (a phase shifter ; Fig 1; [00049), comprising the MEMS device according to claim 1 as applied to the combination of (Gao, Liao and Kawai).
Claims 4, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over GUO; Jingwen et al. ( US 20220231392 A1) hereinafter Guo; in view of LIAO, Xiao-ping (CN 2729890 Y ) hereinafter Liao, and Kawai, Hiroshi et al. (US 20030169146 A1) hereinafter Kawai, in further view of UCHIDA; Masami (US 20070146309 A1) hereinafter Uchida.
Regarding claim 4, 10, 12. The combination of (Gao, Liao and Kawai) as applied to the MEMS device according to claim 2, 8 and 1 respectively, does not expressly disclose, wherein a material of the second dielectric sub-layer (Liao 4 in gap of SiN) comprises resin adhesive.
However, in the analogous art, Uchida teaches [0089] as a material for the adhesive 18, a resin adhesive such as an epoxy resin, a silicone resin, or an acrylic resin, or such a resin adhesive containing an inorganic filler such as silicon nitride or the like is preferably used.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to consider silicon nitride of Liao as resin adhesive as material of the second dielectric sub-layer (Liao 4 in gap of SiN) comprises resin adhesive, since, qccording to MPEP § 2144.06.II, "In order to rely on equivalence as a rationale supporting an obviousness rejection, the equivalency must be recognized in the prior art" In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958). Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute Liao’s functionally equivalent SiN by other functionally equivalent materials i.e. a material of the second dielectric sub-layer (Liao 4 in gap of SiN) comprises resin adhesive as taught by Uchida. Thus, inter alia, the limitation “a material of the second dielectric sub-layer (Liao 4 in gap of SiN) comprises resin adhesive” is not patentable over the combination of (Gao, Liao, Kawai and Uchida). It has been held that the substitution of one prior teaching by another art supports an obviousness rejection, as in the instant case, the equivalency is being recognized in the prior art, and the substitution is then within the level of ordinary skill in the art. [MPEP 2144.06.II].
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over GUO; Jingwen et al. ( US 20220231392 A1) hereinafter Guo; in view of LIAO, Xiao-ping (CN 2729890 Y ) hereinafter Liao, and Kawai, Hiroshi et al. (US 20030169146 A1) hereinafter Kawai, in further view of LIM; Myeong Hwan (US 20220417632 A1) hereinafter Lim.
Regarding claim 5. The combination of (Gao, Liao and Kawai) as applied to the MEMS device according to claim 1, while further teaches, wherein the second dielectric layer (Kawai 11) is on the side (below) of the bridge deck (51) of the membrane bridge ({51, 52a, 52b}; [0055]) close to the dielectric substrate (1), but does not expressly disclose “the second dielectric layer (Kawai 11) has a first convex part protruding toward the first dielectric layer (in view of Liao 4 in gap).
However, in the analogous art, Lim teaches a MEMS device that includes diaphragm having a concave-convex structure, and the back plate includes a second concave-convex structure corresponding to the concave-convex structure([abstract]), wherein (Figs 2,4; [0018, 0041]) forming a lower silicon layer having the concave-convex structure on the lower insulating layer, and forming the diaphragm by patterning the lower silicon layer with more details [0009] of the concave-convex structure may include convex portions protruding downward; [0015] e back plate may include a second concave-convex structure corresponding to the concave-convex structure.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to adapt Lim’s pattern of dielectric layer into Kawai’s dielectric layer 11), and thereby the (Gao, Liao, Kawai and Lim) device comprises “the second dielectric layer (Kawai 11 in view of Lim) has a first convex part protruding toward the first dielectric layer (in view of Liao 4 in gap) align with the first dielectric, since this adaptation, at least, increase an area of the concave-convex structure and the sensitivity of the MEMS microphone 100 may be improved (Lim [0045]).
is on a side of a bridge deck (51) of the membrane bridge ({51, 52a, 52b}; [0055]) close to the dielectric substrate (1), and an orthographic projection of the second dielectric layer (Kawai 11) on the dielectric substrate (1) covers at least an orthographic projection of the driving electrode (2) on the dielectric substrate (1), since inclusion of the dielectric layer will protect the membrane (Kawai [0042])
Regarding claim 6. The combination of (Gao, Liao, Kawai and Lim) as applied to the MEMS device according to claim 5, further teaches, wherein the bridge deck (51) of the membrane bridge ({51, 52a, 52b}; [0055]) has a second convex part (in view of Lim 210 Figs 2,3; ) protruding toward the first dielectric layer (Liao groove of 4), the second convex part is in one-to-one correspondence with the first convex part and the second convex part is embedded in the first convex part corresponding to the second convex part .
Regarding claim 7. The combination of (Gao, Liao, Kawai and Lim) as applied to the MEMS device according to claim 5, further teaches, wherein
the thickness of a part of the first dielectric layer (4 in view of Liao 4) at each of the first gap (1stgap) and the second gap (2ndgap) is greater than a thickness of the driving electrode (2), a surface of the first dielectric layer close to the second dielectric layer has a first concave part (Liao Groove over layer 4); and
the first concave part (Liao Groove over layer 4) and the first convex part (Kawai 11 in view of Lim 210)) are in one-to-one correspondence.
Regarding claim 8. The combination of (Gao, Liao, Kawai and Lim) as applied to the MEMS device according to claim 7, further teaches, wherein
the first dielectric layer (4 with Liao 4) comprises a first dielectric sub-layer (4) and a second dielectric sub-layer (Liao 4 in gap) sequentially arranged along a direction away from the dielectric substrate (1); and
the second dielectric sub-layer (Liao 4 in gap) comprises a first filling structure (Liao 4 in 1stgap) and a second filling structure (Liao 4 in 2ndgap); and
the first filling structure (Liao 4 in 1stgap) and the second filling structure (Liao 4 in 2ndgap) are in the first gap (1stgap) and the second gap (2ndgap), respectively.
Regarding claim 9. The combination of (Gao, Liao, Kawai and Lim) as applied to the MEMS device according to claim 8, further teaches, wherein (Liao Fig 2) the first filling structure (Liao 4 in 1stgap)and the second filling structure (Liao 4 in 2ndgap) each have a first face in contact with the first sub-dielectric layer, a second face opposite to the dielectric substrate, and a first connection face connecting the first face and the second face; and the first connection face and the first dielectric sub-layer define the first concave part (Liao Groove over layer 4).
Conclusion
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
April 9, 2026
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