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 cancellation of claim 1-20 and submission of new claims 21-38 in “Claims - 03/19/2026” is acknowledged.
This office action considers claims 21-38 pending for further prosecution.
Claim Rejections - 35 USC § 102
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.
Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 1A; [0022]) = (element 100; Figure No. 1A; Paragraph No. [0022]). 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 21 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Walther; Arnaud et al., (US 20210044905 A1, of record) hereinafter Walther.
Regarding claim 21. Walther teaches
a MEMS device (MEMS device 100; Fig 1A; [0022]) comprising (see the entire document; Figs 1A-1C,2A-2C, along with other relevant figs and texts in [0020+], specifically, as cited below; see section II, infra, for alternative rejection of this claim):
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Walther Figure 1A
a first membrane structure (a flexible membrane 103; Fig 1A; [0022]) comprising a deflectable region (construed from [0024]: a deflectable portion of the flexible membrane 103 ) and a clamped border region (104),
wherein the clamped border region (104) adjoins the deflectable region along a borderline (113) of the deflectable region,
wherein the first membrane structure (103) further comprises a first reinforcement region (features 111a; Figs 1A-1B; [0030]) and an abutting adjoining region (adjoining region of 103 not covered by 111a),
the first reinforcement region (111a) arranged directly at the borderline (113),
and wherein the first reinforcement region (111a) has a layer thickness larger ([0032] thickness increase) than a layer thickness of the adjoining region (adjoining region of 103 not covered by 111a); and
an electrode structure (backplate 105; Fig 1A; [0022]) vertically spaced apart from the first membrane structure (103).
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.
Claims 21-38 are rejected under 35 U.S.C. 103 as being unpatentable over Fueldner; Marc et al. (US 20200290864 A1, of record) hereinafter Fueldner; in view of Walther; Arnaud et al., (US 20210044905 A1, of record) hereinafter Walther.
Regarding claims 21. Fueldner teaches
a MEMS device (MEMS device 120; Fig 12; [0073,0081]) comprising (see the entire document; Figs 12-13, along with other relevant figs and texts in [0073+], specifically, as cited below; see section I, supra, for alternative rejection of this claim):
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Fueldner Figure 1
a first membrane structure (bottom membrane 142; Fig 12; [0073]: formed as flexible membrane structures) comprising
a deflectable region (portion between 82 and 56i ; see [0037]: deflectable electrode structure 12 or 14) and a clamped border region (561),
wherein the clamped border region (561) adjoins the deflectable region (561) along a borderline (edges of 561 in the cavity 84) of the first deflectable region,
an electrode structure (backplate 12; Fig 12; ([0073]) first cited Fig 3; [0048] wherein the electrode structure 12, being a backplate structure that includes anti-stiction bumps 181 to 184) vertically spaced apart from the first membrane structures (142)
wherein the first membrane structure (142) further comprises a first reinforcement region (18) and an abutting adjoining region (24),
the first reinforcement region (18) arranged directly at the borderline (52),
While Fueldner discloses in [0045] the locations of the anti-stiction bumps 18 may be projected into the main surface 14A of the first membrane structure (142,) Fueldner does not expressly disclose
wherein the first membrane structure (142) further comprises a first reinforcement region and an abutting adjoining region, ,
and wherein the first reinforcement region has a layer thickness larger than a layer thickness of the adjoining region.
However, in the analogous art, Walther (as used in section II, above) teaches a first membrane structure (a flexible membrane 103; Fig 1A; [0022]), wherein the first membrane structure further comprises a reinforcement region (features 111a; Figs 1A-1B; [0030]) and an abutting adjoining region (adjoining region of 103 not covered by 111a), wherein the first reinforcement region has a larger layer thickness ([0032] thickness increase) than an adjoining region (adjoining region of 103 not covered by 111a) of the first membrane structure (103).
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 Walther’s reinforcement region into Fueldner‘s first membrane structure (142), thereafter, the combination of (Fueldner and Walther)’s, first membrane structure (142 in view of Walther) comprises a reinforcement region (Walther features 111a) and an abutting adjoining region (adjoining region of (142) not covered by 111a), the first reinforcement region arranged directly at the borderline (Fueldner‘ edges of 561 in the cavity 84), wherein the reinforcement region has a larger layer thickness (Walther [0032] thickness increase) than an adjoining region (adjoining region of 142 not covered by Walther 111a) of the first membrane structure (142), since this inclusion, at least, 111a comprises a material that is more immune to cracking than the flexible membrane , and in particular, has a higher fracture toughness than the flexible membrane (Walther [0032]).
Regarding claim 22. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 21, Fueldner further teaches, wherein (Fig 12) the bump (18i+1) or elevation on the electrode structure (12) is oriented towards the first membrane structure (142).
Regarding claim 23. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 22, Fueldner further teaches, wherein (Fig 12) the bump (18i+1) or elevation on the electrode structure (12) is oriented towards the first membrane structure(142).
Regarding claim 24. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 21, Fueldner further teaches, wherein (Fig 12) the first and second reinforcement regions (Walther features of multiple 111a) comprise a gradual (because of triangular construction)or stepless transition of the layer thickness to the adjoining region (adjoining region of 142 not covered by Walther 111a).
Regarding claims 25. Fueldner teaches
a MEMS device (MEMS device 120; Fig 12; [0073,0081]) comprising (see the entire document; Figs 12-13, along with other relevant figs and texts in [0073+], specifically, as cited below):
a first membrane structure (bottom membrane 142; Fig 12; [0073]: formed as flexible membrane structures) comprising:
a first deflectable region (portion between 82 and 56i ; see [0037]: deflectable electrode structure 12 or 14) and a clamped border region, wherein the clamped border region (561) adjoins the first deflectable region along a borderline (edges of 561 in the cavity 84) of the first deflectable region,
a second membrane structure (141; fig 12; [0073]) comprising a second deflectable region(portion between 82 and 56i ;in 141; see [0037]: deflectable electrode structure 12 or 14); and
an electrode structure (backplate 12; Fig 12; ([0073]) first cited Fig 3; [0048] wherein the electrode structure 12, being a backplate structure that includes anti-stiction bumps 181 to 184) vertically spaced apart from the first and second membrane structures, wherein the electrode structure is arranged between the first and second membrane structures(142-141),
While Fueldner discloses in [0045] the locations of the anti-stiction bumps 18 may be projected into the main surface 14A of the first membrane structure (142,) Fueldner does not expressly disclose
wherein the first membrane structure (bottom membrane 142; Fig 12; [0073] further comprises a plurality of first reinforcement regions abutting adjoining regions, wherein a first reinforcement region of the plurality of first reinforcement regions (142) is arranged directly at the borderline, and wherein the first reinforcement region (142) has a layer thickness larger than a layer thickness of the adjoining region
However, in the analogous art, Walther (as used in section I, above) teaches a first membrane structure (a flexible membrane 103; Fig 1A; [0022]), wherein the first membrane structure further comprises a plurality of first reinforcement regions (features 111a; Figs 1A-1B; [0030]) abutting adjoining regions (adjoining region of 103 not covered by 111a), wherein a first reinforcement region (111a) of the plurality of first reinforcement regions is arranged directly at the borderline (113), and wherein the first reinforcement region (103+111a) has a layer thickness larger ([0032] thickness increase) than a layer thickness of the adjoining region (adjoining region of 103 not covered by 111a)
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 Walther’s reinforcement region into Fueldner‘s first membrane structure (142), thereafter, the combination of (Fueldner and Walther) wherein the first membrane structure (bottom membrane 142; in view of Walther) further comprises , a plurality of first reinforcement regions (Walther features 111a) abutting adjoining regions (adjoining region of 142 not covered by Walther’s 111a), wherein a first reinforcement region (Walther features 111a) of the plurality of first reinforcement regions is arranged directly at the borderline (Walther’s 113), and wherein the first reinforcement region (142 + Walther features 111a) has a layer thickness larger (Walther [0032] thickness increase)than a layer thickness of the adjoining region (adjoining region of 142 not covered by Walther’s 111a), since this inclusion, at least, 111a comprises a material that is more immune to cracking than the flexible membrane , and in particular, has a higher fracture toughness than the flexible membrane (Walther [0032]).
The combination of (Fueldner and Walther) further
wherein at least one of the plurality of first reinforcement regions (Walther 142 ,141) is located at a coupling position with the at least one mechanical connection element (Fueldner 82; Fig 12; [0074]).
Regarding claims 26. The combination of (Fueldner and Walther) as applied to the MEMS device according to claim 25, Fueldner further teaches, wherein (Fig 12) some of the plurality of first reinforcement regions (181) are arranged at positions aligned with respect to bumps (18i+1) or elevations arranged at the electrode structure (backplate 12; Fig 12; [0073]; first cited Fig 3; [0048]).
Regarding claim 27. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 26, Fueldner further teaches, wherein the bumps (181) or elevations are oriented towards the first membrane structure (142).
Regarding claim 28. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 25, wherein the plurality of first reinforcement regions (181) comprises a gradual (because of triangular construction) or stepless transition of the layer thickness of the first reinforcement regions to the adjoining regions (of 142).
Regarding claim 29. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 25, Fueldner further teaches, wherein (Fig 12) the second membrane structure (141) comprises a plurality of second reinforcement regions that has a layer thickness lager than (as depicted in Fig 12, because additional material of 181 ) a layer thickness of abutting adjoining regions of the second membrane structure, and wherein the plurality of second reinforcement regions comprises a gradual (because of triangular construction) or stepless transition of the layer thickness of the plurality of second reinforcement regions to the thickness of the adjoining regions ( of 141).
Regarding claim 30. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 29, Fueldner further teaches, wherein (Fig 12) the second membrane structure (14i) comprises a deflectable region (between 82 and 56i ) and a clamped border region (561), wherein the clamped border region adjoins the deflectable region along a borderline (edges of 561 in the cavity 84) of the deflectable region of the second membrane structure (181), and wherein at least one second reinforcement region (181) of the plurality of second reinforcement regions is arranged directly at the borderline (edges of 561 in the cavity 84).
Regarding claim 31. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 30, Fueldner further teaches, wherein (Fig 12) the plurality of second reinforcement regions (181) is arranged in positions aligned with respect to bumps (18i+1) or elevations arranged at the electrode structure (12).
Regarding claim 32. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 31, Fueldner further teaches, wherein (Fig 12) the bumps the bump (18i+1) or elevation on the electrode structure (12) is oriented towards the second membrane structure (141).
Regarding claims 33. Fueldner teaches
a MEMS device (MEMS device 120; Fig 12; [0073,0081]) comprising (see the entire document; Figs 12-13, along with other relevant figs and texts in [0073+], specifically, as cited below):
a first membrane structure (bottom membrane 142; Fig 12; [0073]: formed as flexible membrane structures) comprising:
a first deflectable region (portion between 82 and 56i ; see [0037]: deflectable electrode structure 12 or 14) and a clamped border region, wherein the clamped border region (561) adjoins the first deflectable region along a borderline (edges of 561 in the cavity 84) of the first deflectable region,
a second membrane structure (141; fig 12; [0073]) comprising a second deflectable region(portion between 82 and 56i ;in 141; see [0037]: deflectable electrode structure 12 or 14); and
an electrode structure (backplate 12; Fig 12; ([0073]) first cited Fig 3; [0048] wherein the electrode structure 12, being a backplate structure that includes anti-stiction bumps 181 to 184) vertically spaced apart from the first and second membrane structures, wherein the electrode structure is arranged between the first and second membrane structures(142-141),
While Fueldner discloses in [0045] the locations of the anti-stiction bumps 18 may be projected into the main surface 14A of the first membrane structure (142,) Fueldner does not expressly disclose
wherein the first membrane structure (bottom membrane 142; Fig 12; [0073] further comprises a plurality of first reinforcement regions abutting adjoining regions, wherein each first reinforcement region of the plurality of first reinforcement regions (142) has a layer thickness larger than a layer thickness of the adjoining region
However, in the analogous art, Walther (as used in section I, above) teaches a first membrane structure (a flexible membrane 103; Fig 1A; [0022]), wherein the first membrane structure further comprises a plurality of first reinforcement regions (features 111a; Figs 1A-1B; [0030]) abutting adjoining regions (adjoining region of 103 not covered by 111a), wherein a first reinforcement region (111a) of the plurality of first reinforcement regions is arranged directly at the borderline (113), and wherein the first reinforcement region (103+111a) has a layer thickness larger ([0032] thickness increase) than a layer thickness of the adjoining region (adjoining region of 103 not covered by 111a)
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 Walther’s reinforcement region into Fueldner‘s first membrane structure (142), thereafter, the combination of (Fueldner and Walther) wherein the first membrane structure (bottom membrane 142; in view of Walther) further comprises , a plurality of first reinforcement regions (Walther features 111a) abutting adjoining regions (adjoining region of 142 not covered by Walther’s 111a), wherein a first reinforcement region (Walther features 111a) of the plurality of first reinforcement regions is arranged directly at the borderline (Walther’s 113), and wherein the first reinforcement region (142 + Walther features 111a) has a layer thickness larger (Walther [0032] thickness increase)than a layer thickness of the adjoining region (adjoining region of 142 not covered by Walther’s 111a), since this inclusion, at least, 111a comprises a material that is more immune to cracking than the flexible membrane , and in particular, has a higher fracture toughness than the flexible membrane (Walther [0032]).
The combination of (Fueldner and Walther) furthe
wherein at least one of the plurality of first reinforcement regions (Walther 142 ,141) is located at a coupling position with the at least one mechanical connection element (Fueldner 82; Fig 12; [0074]).
Regarding claim 34. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 33, further teaches, wherein (Fig 12) some of the plurality of first reinforcement regions (Walther 111a) are arranged at positions aligned with respect to bumps 18i+1) or elevations arranged at the electrode structure (12).
Regarding claim 35. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 34, Fueldner further teaches, wherein (Fig 12) wherein the bumps (18i+1)or elevations are oriented towards the first membrane structure (142).
Regarding claim 36. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 33, Fueldner further teaches, wherein (Fig 12) the plurality of first reinforcement regions (Walther 111a) comprises a gradual or stepless transition of the layer thickness of the first reinforcement regions (Walther 111a over 142) to the adjoining regions ( region of 142 Walther 111a not covering).
Regarding claim 37. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 33, Fueldner further teaches, wherein (Fig 12) wherein the first and second deflectable regions are mechanically coupled to each other by a plurality of mechanical connection elements (82; Fig 12; [0074]) and are mechanically decoupled from the electrode structure, and
wherein some of the plurality of first reinforcement regions (Walther 111a) are located at coupling positions with the plurality of mechanical connection elements (Fueldner 82; Fig 12; [0074]).
Regarding claim 38. the combination of (Fueldner and Walther) as applied to the MEMS device according to claim 37, Fueldner further teaches, wherein (Fig 12) each mechanical connection element (82; Fig 12; [0074]) has a respective first reinforcement region (Walther 111a) located at a respective coupling position (by Fueldner 82; Fig 12; [0074])..
Response to Arguments
Applicant's arguments “Amendment/Req. Reconsideration-After Non-Final Reject - 03/19/2026” with the “Remarks - 03/19/2026 - Applicant Arguments/Remarks Made in an Amendment”, have been fully considered, but they are not persuasive, because of the following:
This Office Action found new ground(s) of rejection, necessitated by Applicant's submission of new claims 21-38 after cancelling all previous claims (i.e., claims 1-20), as those have substantially changed the scope of the inventions. 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.
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
April 28, 2026
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