Prosecution Insights
Last updated: May 04, 2026
Application No. 18/323,380

MEMS SENSOR AND METHOD FOR FORMING THE SAME

Non-Final OA §102§103
Filed
May 24, 2023
Examiner
HOSSAIN, MOAZZAM
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Aac Technologies Pte. Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
706 granted / 805 resolved
+19.7% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
41 currently pending
Career history
846
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
31.2%
-8.8% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 805 resolved cases

Office Action

§102 §103
CTNF 18/323,380 CTNF 89551 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 1-6, in the “Response to Election / Restrict. ion Filed - 10/11/2025”, is acknowledged. This office action considers claims 1-10 are thus pending for prosecution, of which, non-elected claims 7-10 are withdrawn, and elected claims 1-6 are examined on their merits Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate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 – 07-08-aia AIA (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. Notes : when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as ( 280 ; Fig 24; [0177]) = (element 280 ; Figure No. 24; Paragraph No. [0177]). 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. 07-15 AIA Claim s 1 and 6 are rejected under 35 U.S.C. 102 ( a) (1 ) as being anticipated by Nakamura; Shunji (US 20090021884 A1) hereinafter Nakamura . Regarding Claim 1 , Nakamura teaches a micro-electro mechanical systems (MEMS) sensor ( 280 ; Fig 24(1)(3); [0176-0177]), comprising ( see the entire document, Figs 14(2), along with truncated figs 14(1), 7-8, and any disclosure related to the implementations, specifically paragraphs [0124-0126], and as cited below) : PNG media_image1.png 246 1234 media_image1.png Greyscale Nakamura Figs 14(2) ( annotated ) Fig 14(1) ( truncated) a buried electrode layer ( 104 ; Fig 14 [1], first cited in Fig 2A; [0050]); a top electrode layer ( 108R/108L ; Fig 14 [1], first cited as 108; Fig 2A; [0050]) spaced apart from the buried electrode layer ( 104 ), a cavity ( not labelled; comprising 124 and etched sacrificial layer 116 (of Fig 7(8)) in Fig 7(9) ; [0096-0097]; hereinafter referenced as 116_124_cavity ) being formed between the buried electrode layer (104) the top electrode layer ( 108 ); and a device layer ( comprising { 108,116,112 } ; Fig 7(8)) received the cavity ( 116_124_cavity ), wherein the device layer comprises movable mass blocks ( 112 comprising 101-104 ; annotated Fig 14(2)) spaced apart from one another, each of the movable mass blocks ( 112 ) is supported on the buried electrode layer ( 104 ) through a respective anchor portion ( 110 ), a preset gap ( labelled as height difference ; Fig 14(2); [0126]) is formed between each of the movable mass blocks ( 112 ) and the top electrode layer ( 108 ), and the preset gap formed between at least one of the movable mass blocks (block 112 in 101) and the top electrode layer ( 108 ) is different from the preset gap formed between another at least one of the movable mass blocks (block 112 in 102) and the top electrode layer ( 108 ). Regarding Claim 6 , Nakamura as applied to the MEMS sensor as described in claim 1, further teaches, wherein openings (between 108L and 108R; Fig 7(1); [0089]) are formed in the top electrode layer ( 108 ), and the openings are spaced apart from one another along a radial direction ([0100]: electrodes 108 and stopper layers 114 are arranged radially in eight directions A to H centered about the carbon nanotube elastic shaft 110 ) of the top electrode layer ( 108 ) . Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis fo933r 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. 07-21-aia AIA Claim s 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura; Shunji (US 20090021884 A1) hereinafter Nakamura . Regarding Claim 2 , Nakamura as applied to the MEMS sensor as described in claim 1, further teaches, wherein the movable mass blocks ( 112 ) comprise a first movable mass block ( 112 in 101 ) , a second movable mass block ( 112 in 102 ) and a third movable mass block ( 112 in 103 ); wherein the second movable mass block ( 112 in 101 ) is located between the first movable mass block ( 112 in 102 ) and the third movable mass block ( 112 in 103 ), a first preset gap ( labelled as height difference ; Fig 14(2); [0126]) is formed between the first movable mass block ( 112 in 101 ) and the top electrode layer ( 108 ), a second preset gap ( labelled as height difference ; Fig 14(2); [0126]) is formed between the second movable mass block ( 112 in 101 ) and the top electrode layer ( 108 ), and a third preset gap ( labelled as height difference ; Fig 14(2); [0126]) is formed between the third movable mass block ( 112 in 103 ) and the top electrode layer ( 108 ); and wherein the first preset gap ( height difference in 101 ), the second preset gap ( height difference in 102 ) (and the third preset gap ( height difference in 103 )) have different heights. But, Nakamura is silent on the third preset gap ( height difference in 103 )) have different heights. However, Applicant has not disclosed that having the third preset gap ( height difference in 103 )) have different heights i.e., the range of gap value, solves any stated problem or is for any particular purpose. On the other hand, Nakamura in (Fig 14(2); [0126]) disclose by adjusting the height difference; It is possible to form a projector or a moving 3D holographic display , and thereby establishes a relationship between gap adjustment, from which the gap height would be considered result effective variable. Accordingly, the claim is obvious without showing that the claimed gap height achieve unexpected results relative to the prior art range. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Huang, 40 USPQ2d 1685, 1688 (Fed. Cir. 1996) (claimed ranges of a result effective variable, which do not overlap the prior art ranges, are unpatentable unless they produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious). Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize that it would be obvious to adjust the gap difference of the third preset gap thereof and optimize “gap” as a "result effective variable”, and arrives at the recited limitation. Regarding Claim 3 , Nakamura as applied to the MEMS sensor as described in claim 2, further it is obvious ( by just relabeling ), wherein ( depicted in annotated Fig 14(2)) the height of the first preset gap ( height difference in 101 ), the height of the third preset gap ( height difference in 103 ) and the height of the second preset gap ( height difference in 104 ) increase in this sequence. Following the rationale of parent claim 2 rejection above, It is obvious from annotated Fig 14(2) and disclosure of [0126]: adjusting the height difference, in this case ( height difference in 103 ), since, by this adjustment, at least, it is possible to form a projector or a moving 3D holographic display . Regarding Claim 4 , Nakamura as applied to the MEMS sensor as described in claim 2, Following the rationale of parent claim 2 rejection above, it is further obvious ( by just relabeling ), wherein the height of the first preset gap ( height difference in 102 ) is the same ( depicted in annotated Fig 14(2)) as the height of the third preset gap ( height difference in 104 ), and the height of the second preset gap ( height difference in 101 ) is greater ( depicted in annotated Fig 14(2)) than the height of each of the first preset gap ( height difference in 102 ) and the third preset gap ( height difference in 104 ). Regarding Claim 5 , Nakamura as applied to the MEMS sensor as described in claim 2, further teaches, wherein one ( depicted in annotated Fig 14(2) anchor portion ( 110 ) is connected to a bottom of the first movable mass block ( 112 in 101 ), another one anchor portion ( 110 ) is connected to a bottom of the third movable mass block (112 in 103) , and another two anchor portions (110) are connected to a bottom of the second movable mass block ( 112 in 102) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 . 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. EST. Examiner interviews are available via telephone, in-person, and video The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892. 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. EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR to register user only. For more information about the PAIR system, see http://pair-direct.uspto.gov. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center, and https://www.uspto.gov/patents/docx for information about filing in DOCX format. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898 March 14, 2026 Application/Control Number: 18/323,380 Page 2 Art Unit: 2898 Application/Control Number: 18/323,380 Page 3 Art Unit: 2898 Application/Control Number: 18/323,380 Page 4 Art Unit: 2898 Application/Control Number: 18/323,380 Page 5 Art Unit: 2898 Application/Control Number: 18/323,380 Page 6 Art Unit: 2898 Application/Control Number: 18/323,380 Page 7 Art Unit: 2898 Application/Control Number: 18/323,380 Page 8 Art Unit: 2898
Read full office action

Prosecution Timeline

May 24, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+11.2%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 805 resolved cases by this examiner. Grant probability derived from career allowance rate.

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