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 .
Status of Claims
Applicant’s amendment of claim 1 in “Claims-07/08/2026”” is acknowledged.
This office action considers claims 1-34 pending for prosecution, of which claims 21-34 are withdrawn, and claims 1-20 are presented for further examination.
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 100; Fig 1; [0069]) = (element 100; Figure No. 1; Paragraph No. [0069]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” 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 citation may not be preceded by the inventor tag, wherein the other reference citation will carry inventor tag. These conventions are used throughout this document.
Claims 1-4, 6-8, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over BAILLIN; Xavie et al. (US 20150028433 A1) hereinafter Baillin, in view of CHEN; Chieh (US 20180040786 A1) hereinafter Chen; and in further view of CAPLET; Stephane et al. (US 20100001361 A1) hereinafter Caplet with citation of EP 1 518 599 A2 or equivalent US 20040253476 A1.
Regarding Claim 1. Baillin teaches a microelectronic device or a microelectromechanical system (MEMS) device (100; Fig 1; [0069] first cited in [0001]-The encapsulation of resonant microdevices of the MEMS (electromechanical microsystem) type) comprising (see the entire document, Figs 1, along with subject matter referenced in other figures, specifically, as cited below):
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Baillin Figure 1
a first substrate (102. Fig 1; [0069]);
at least one functional element (104) disposed on the first substrate (102); and
a getter system (116; getter system is construed from [0069]: gas absorption and/or adsorption properties, and including metallic getter material) disposed on a second substrate (112) in proximity to the at least one functional element (104), the getter system (116; Figs 1-6; [0071-0077] ) comprising a plurality (shown at least 7 in Fig 1) of getters, each getter (see below for “comprising a plurality of nanoparticles”;
wherein each of the plurality of getters (116) has an aspect ratio between 0.05 and 10 (Fig. 4; [0073]- 116 are dimensioned and positioned such that a ratio r=h/H is between approximately 0.6 and 0.9, and such that a ratio R=b/t is greater than or equal to approximately 0.7; [0075-0077); and
wherein the getter system (116) covers a surface area less than or equal to 90% of the second substrate (112) (Fig 3; [0075] 116 t<=7.14um, b=5 um), see below for “wherein each of the plurality of getters is a multi-layer getter, wherein the plurality of getters have the same or different materials, and/or the same or different geometries”..
As indicated above, Baillin does not expressly disclose “each getter (116) “comprising a plurality of nanoparticles” and wherein each of the plurality of getters is a multi-layer getter, wherein the plurality of getters have the same or different materials, and/or the same or different geometries
However, in the analogous art, Chen teaches a getter layer (24; Fig 2B; [0067]), wherein ([0068]) the getter material 242 may include a plurality of nanoparticles.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate teaching of Chen gutter material into Ballin‘s getter system, thereafter, the combination of (Baillin and Chen)’s getter comprising a plurality of nanoparticles” since, this inclusion , at least, facilitates inhibiting the external oxygen and moisture from contacting the moisture-sensitive device ( Chen [0017]).
But, the combination of (Baillin and Chen) yet to teach wherein each of the plurality of getters is a multi-layer getter, wherein the plurality of getters have the same or different materials, and/or the same or different geometries”
However, in the analogous art, Caplet teaches a getter material-based structure. Such a structure can be used in particular in the field of microelectromechanical systems (MEMS) or nanoelectromechanical systems (NEMS) ([0003), wherein (Fig 4; [0085] the getter structure 100 is integrated on a substrate 1002 comprising a cavity 1004 in which a microelectronic device 1006 such as a MEMS or a NEMS is arranged. The getter structure 100 forms an upper wall of the cavity 1004. The getter material layer 108 is therefore suspended in the cavity 1004, above the device 1006, by means of the support formed by the peripheral wall 110 and the spacers 112. [0009] citing EP a stack of getter materials enables better gas absorption capacities to be obtained and can be thermally activated with a lower activation temperature than that necessary for a single thin getter material layer EP 1 518 599 A2 or equivalent US 20040253476 A1) describes the production of two superimposed layers of getter material in which one, deposited on a substrate, is based on a getter material with a low activation temperature. Such a stack of getter materials enables better gas absorption capacities to be obtained and can be thermally activated with a lower activation temperature than that necessary for a single thin getter material layer.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate teaching of Caplet’s getter material into Ballin‘s getter system, thereafter, the combination of (Baillin, and Chen, and Caplet)’s getter comprising wherein each of the plurality of getters is a multi-layer getter, wherein the plurality of getters have the same or different materials, and/or the same or different geometries”, since, this inclusion , at least, enables better gas absorption capacities to be obtained and can be thermally activated with a lower activation temperature than that necessary for a single thin getter material layer. ( aplet [0009]).
Regarding Claim 2. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Baillin further teaches, wherein the at least one functional element (104) is etched into the first substrate (102; [0092] etching being disclosed in Fig 11A, as “microdevice 104 is firstly produced in substrate 102 through the use of steps (deposition, photolithography, etching)).
Regarding Claim 3. the combination of (Baillin and Chen) as applied to the device of claim 1, Baillin further teaches,
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Baillin Figure 6
wherein (Fig 6, a copy depicted supra) the plurality of getters (116) forms a pattern selected from the group consisting of: a grid of lines, a plurality of the grids, a patch of connected shapes, and a plurality of the patches; wherein at least one of the connected shapes is selected from the group consisting of: a strip, a polygon, and an oval ([0081]: portions 116a of 116 are of rectangular parallelepipedic shape, and are positioned parallel to axis X, and a second portions 116b are of rectangular parallelepipedic shape, and positioned parallel to axis Y, and intersect 116a perpendicularly. As a variant, portions 122 of face 114 of 116 can be of rectangular or hexagonal shape, or of a completely different shape).
Regarding Claim 4. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Baillin further teaches,
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Baillin Figure 2
wherein (Fig 2, copy depicted above) each of the getters has a width (b; Fig. 2) that is parallel to the second substrate between 10 microns and 500 microns ( [0075] b= 25 um), and a height (H-h; Fig 2) that is perpendicular to the second substrate between 5 microns and 500 microns ([0075]: H=50 um, h= 30-40 um).
Regarding Claim 6. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1,does not expressly disclose, wherein the second substrate is an intermediate layer deposited on the first substrate
Nevertheless Chen discloses (Fig. 58; [0067]), wherein the second substrate (24) is an intermediate layer deposited on the first substrate (81), wherein the getter layer 24 can be disposed and sandwiched between the first PL layer 21 and the second PL layer 22; [0091]:The packaging structure 80 includes a lead frame 81 and a reflector 82. The lead frame 81).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine arrangement of getter substrate disclosed by Chen to the substrate disclosed by Baillin, thereafter, the combination of (Baillin and Chen) further teaches the feature claimed, since, this arrangement, at least, facilitates inhibiting the external oxygen and moisture from contacting the moisture-sensitive device ( Chen [0017]).
Regarding Claim 7. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Baillin further teaches, wherein (Fig 11A; [0004]) the second substrate (112) is a surface of a capping wafer, and the first substrate (102) is a surface of a wafer (detailed [0004] as “ Wafer Cap Packaging, where the cap is formed by a substrate, or wafer, of silicon or glass, which is generally micro-machined and bonded to the substrate on which microdevices are located; para [0011]- an encapsulation structure the cap of which is mechanically reinforced, which is compatible with production by thin film packaging or by wafer cap packaging; para [0086]- layer 112 and substrate 102 both contain silicon”).
Regarding Claim 8. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Baillin further teaches, wherein (Fig. 11A; [0004]) the second substrate (112) is a surface of a cavity (110) or a ledge located on a capping wafer, and the first substrate (102) is a surface of a wafer (as detailed in [0004]- Wafer Cap Packaging, where the cap is formed by a substrate, or wafer, of silicon or glass, which is generally micro -machined and bonded to the substrate on which microdevices are located; in [0011]- an encapsulation structure the cap of which is mechanically reinforced, which is compatible with production by thin film packaging or by wafer cap packaging; [0086]- layer 112 and substrate 102 both contain silicon ... at least a portion of cavity 110 is formed by etching a part of the thickness of layer 112).
Regarding Claim 10. the combination of (Baillin and Chen) as applied to the device of claim 1, Baillin further teaches, wherein [0034] the microelectronic or the MEMS device (100) is selected from the group consisting of: a gyroscope, an accelerometer (construed from [0034]- The superposed microdevices can have different functions, one corresponding, for example, to a gyroscope and the other corresponding to an accelerometer), (an oscillator, a chip-scale atomic clock, a digital micro-mirror device (DMD), a spatial light modulator (SLM), a pressure sensor, a laser, an inertial measurement units (IMU), a microbolometer, a quantum device, and a superconducting qubit)
Regarding Claim 11. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein the nanoparticles are selected from the group consisting of metal nanoparticles, metal-oxide nanoparticles, and metal alloy nanoparticles nanoparticles (Chen [0068]- The getter material 242 may include a plurality of nanoparticles, such as zeolite, zeolitic clays, calcium oxide, barium oxide, alumina, calcium,barium, titanium, metal alloys, water absorbing oxides, activated carbon, absorptive organic materials, absorptive inorganic materials, or acombination of two or more thereof).
Regarding Claim 12. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein the nanoparticles comprise at least one element selected from the group consisting of: zinc, aluminum, yttrium, lanthanum, iron, molybdenum, niobium, tungsten, tantalum, manganese, titanium, zirconium, tin, nickel, chromium, cerium, platinum, gold, and cobalt (Chen [0068]- The getter material 242 may include a plurality of nanoparticles, such as zeolite, zeolitic clays, calcium oxide, barium oxide, alumina, calcium, barium,titanium, metal alloys, water absorbing oxides, activated carbon, absorptive organic materials, absorptive inorganic materials, or a combination of two or more thereof).
Regarding Claim 13. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein the nanoparticles comprise at least one material selected from the group consisting of: micro porous silica, mesoporous silica, silicon dioxide, porous glass, activated carbon, synthetic zeolite, natural zeolite, aluminosilicate mineral, aluminosilicate clay, montmorillonite, halloysite), copper oxide, palladium oxide, platinum oxide, and iron oxides( Chen [0068]- The getter material 242 may include a plurality of nanoparticles, such as zeolite, zeolitic clays, calcium oxide, barium oxide, alumina, calcium, barium, titanium, metal alloys, water absorbing oxides, activated carbon, absorptive organic materials, absorptive inorganic materials, or a combination of two or more thereof).
Regarding Claim 14. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein the nanoparticles comprise at least one element selected from the group consisting of: zinc, aluminum, yttrium, lanthanum, iron, molybdenum, niobium, tungsten, tantalum, manganese, titanium, zirconium, tin, nickel, chromium, cerium, platinum, gold, and cobalt; and wherein the nanoparticles comprise at least one material selected from the group consisting of: micro porous silica, mesoporous silica, silicon dioxide, porous glass, activated carbon, synthetic zeolite, natural zeolite, aluminosilicate mineral, aluminosilicate clay, montmorillonite, halloysite), copper oxide, palladium oxide, platinum oxide, and iron oxides (Chen [0068]- The getter material 242 may include a plurality ofnanoparticles, such as zeolite, zeolitic clays, calcium oxide, barium oxide, alumina, calcium, barium, titanium, metal alloys, water absorbing oxides, activated carbon, absorptive organic materials, absorptive inorganic materials, or a combination of two or more thereof).
Regarding Claim 15. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein the plurality of nanoparticles has an average diameter between 1 nm and 10 microns (Chen [0068]- a size (e.g., a diameter) of the nanoparticles of the getter material 242 may be less than a quarter wavelength of the visible light, for example, less than about 200 nm, or less than about 100 nm).
Regarding Claim 16. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein each getter further comprises a filler material; wherein the filler material controls a pore size of the getter. (Chen Fig. 58; [0068]- The getter layer 24 may further include a substantially transparent polymer material 241 so that a getter material 242 is mixed within the transparent polymer material 241.The transparent polymer material 241 includes, for example, a resin material such as a silicone material, a rubber material, a plastic material, or the like ... The getter material 242 may include a plurality of nanoparticles).
Regarding Claim 17. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen,, wherein the getter system absorbs at least one of gas species selected from the group consisting of water vapor, hydrogen, oxygen, carbon monoxide, carbon dioxide, nitrogen and a volatile organic compound (Chen [0067]- The getter layer 24 is specified as an oxygen or moisture scavenger to adsorb, absorb, or react with the residual amount of oxygen or moisture).
Regarding Claim 18. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Chen further teaches, (the device) further comprising multiple substrates of getters (83, 24) and each substrate is configured to form onto a previous substrate (Fig. 58;[0094]- transparent polymer material 83 can be disposed to form spacer above the light-emitting semiconductor die 1 0; para [0096]- a getter material 242 can also be included inside the PL structure 20 (e.g., within the getter layer 24) and/or the transparent polymer material 83).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine to combine the multiple substrates of getters disclosed by Chen to the getter disclosed by Baillin, thereafter, the combination of (Baillin and Chen) further teaches the feature claimed, since, this arrangement, at least, facilitates inhibiting the external oxygen and moisture from contacting the moisture-sensitive device ( Chen [0017]).
Regarding Claim 19. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Baillin further teaches, wherein the plurality of getters comprises a same material ([0024)- The metallic getter material(s) can be made of Cr and/or Ti and/or Co and/or Fe and/or Mn and/or Mo and/or Ta and/or V and/or W and/or Pd and/or Rh and/or Pt and/or Ru and/or Zr).
Regarding Claim 20. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, Obvious from Chen, wherein the plurality of getters comprises different materials and each material is selected to capture a different gas species.( Chen [0067]- The getter layer 24 is specified as an oxygen or moisture scavenger to adsorb, absorb, or react with the residual amount of oxygen or moisture; para [0068]- The getter material 242 may include a plurality of nanoparticles, such as zeolite, zeolitic clays, calcium oxide, barium oxide, alumina, calcium, barium,titanium, metal alloys, water absorbing oxides, activated carbon, absorptive organic materials, absorptive inorganic materials, or a combination of two or more thereof).
Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over BAILLIN; Xavie et al. (US 20150028433 A1) hereinafter Baillin, in view of CHEN; Chieh (US 20180040786 A1) hereinafter Chen; and in view of CAPLET; Stephane et al. (US 20100001361 A1) hereinafter Caplet with citation of EP 1 518 599 A2 or equivalent US 20040253476 A1) and in further view of Lemettre; Sylvain et al. (US 20210198099 A1) hereinafter Lemettre.
Regarding Claim 5. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, does not expressly disclose, wherein the first substrate and the second substrate are the same substrate that is a surface of a wafer.
Nevertheless Lemettre discloses getter system, wherein (Fig 2) a first substrate (13) and the second substrate (13) are the same substrate (Fig. 2 shows both getter 15 and device 11 are on 13;[0069]- Component 11 corresponds to an imaging bolometer ... getter 15 is arranged on the upper surface of substrate 13 opposite enclosure 12).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine arrangement disclosed by Lemettre to the substrate disclosed by Baillin, thereafter, the combination of (Baillin, Chen, Caplet and Lemettre) further teaches the feature claimed, since, this arrangement, at least, improved the efficiency of absorbing ( Lemettre [0010]-[0011]).
Regarding Claim 9. the combination of (Baillin, Chen and Caplet) as applied to the device of claim 1, while Baillin further teaches, wherein the second substrate is a surface of a cavity (110; Fig 11E;[0069]), but does not expressly disclose the first substrate suspends above the second substrate.
Nevertheless Lemettre discloses getter system, wherein the first substrate (11) suspends above the second substrate (13; Fig. 2;[0002]- a component of imaging bolometer type corresponds to a component comprising a membrane suspended on a substrate; [0069]- Component 11 corresponds to an imaging bolometer ... getter 15 is arranged on the upper surface of substrate 13 opposite enclosure 12).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine arrangement disclosed by Lemettre to the substrate disclosed by Baillin, thereafter, the combination of (Baillin, Chen, Caplet and Lemettre) further teaches the feature claimed, since, this arrangement, at least, improved the efficiency of absorbing ( Lemettre [0010]-[0011]).
Response to Arguments
Applicant's arguments “Remarks - 07/08/2026- Applicant Arguments/Remarks Made in an Amendment, have been fully considered, but they are not persuasive because of the following:
Applicant’s amendment of independent claim 1 ( and thereby the dependent claim 2-20) changed the scope of the inventions significantly, and necessitated the shift in new grounds of rejection detailed in sections I and II, supra. The shift in grounds of rejection renders Applicant’s arguments moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOAZZAM HOSSAIN whose telephone number is (571)270-7960. The examiner can normally be reached on M-F: 8:30AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio J. Maldonado can be reached on 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
August 25, 2026
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