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 .
Election/Restrictions
Applicant’s election, without traverse, of group I, claims 1-18 in ”Response to Election / Restriction Filed -12/01/2025 ”, is acknowledged.
Applicant has cancelled claims 19-22 and added new claim 23-26. Applicant further stated “Claims 23-26 are new and are directed to elected Group II”. However, Applicant elected group I (not group II), as such new, claims 23-26 of group II is considered as withdrawn.
This office action considers claims 1-18 and 23-26 pending for prosecution, of which claims 23-26 are withdrawn, and claims 1-18 are examined on their merits.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 37; Fig 2; [0040]) = (element 37; Figure No. 2; Paragraph No. [0040]). 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. These conventions are used throughout this document. If the citation source is not given it is to be understood of the primary, for example in this document Gattere.
Claims 1, 14, 16, 2, 5-11, 15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over GATTERE; Gabriele et al (US 20210095949 A1) hereinafter Gattere; in view of Chen; Kuan-Lin et al (US 20160159638 A1) hereinafter Chen
Regarding claim 1. Gattere teaches a microelectromechanical button device ([abstract]: a button device includes a MEMS structure 6 ([0027]) and a deformable substrate configured to undergo deformation under the action of an external force), comprising (see the entire document, Figs 1-2, 4, along with subject matter referenced in other figures, specifically, as cited below):
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Gattere Figure 1 and Figure 4
a substrate (37; Figs 2; [0040]) of semiconductor material (semiconductor material, silicon; [0040) with a front surface (top of 37) and a rear surface (bottom of 37), which have an extension in a horizontal plane (of X) and are opposite to one another along a vertical axis (Z), orthogonal to the horizontal plane (of X);
While Gattere discloses overall frame of MEMS device (6 Fig 2; [0034]), it is silent on details of the individual members claimed as buried electrode, structural layer, cap etc as follows:
Nevertheless, in the analogous art, Chen discloses (MEMS) device within a display device 14, Fig 1 ([0023]), which is touch screen display that incorporates a layer of conductive capacitive touch sensor electrodes or other touch sensor components (e.g., inter alia, Capacitive touch screen electrodes, a physical button 16 [0026]), wherein (Figs 3-10)
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Chen Figure 10
a buried (in passivation layer 66; Fig 10; [0067]) electrode (64B) on the substrate (62 of the MEMS structure 42);
a structural layer (48; Fig 10; [0045+]) including a mobile electrode (46) overlying the substrate (62) and elastically suspended above the buried electrode (64B) at a separation distance (D1/D2; Fig 7; [0050]) so as to form a detection capacitor ([0050]);
and a cap (44p) coupled (Fig 10) to the structural layer (48) and having a first main surface (bottom of 44p) facing the structural layer (48) and a second main surface (top of 44p) opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to a deformable portion of a case of an electronic apparatus,
wherein the cap has, on the first main surface, an actuation portion on the mobile electrode and configured so as to cause, in the presence of a pressure applied on the second main surface, a deflection of the mobile electrode towards the buried electrode, the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation being indicative of an actuation of the microelectromechanical button device
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 of detailed features disclosed by Chen to Gattere button device, thereafter, the combination of (Gattere, and Chen) comprises:
a buried (in passivation layer 66; Fig 10; [0067]) electrode (Chen 64B) on the substrate (Gattere 37; Figs 2; [0040]);
a structural layer (Chen 48) including a mobile electrode (Chen 46) overlying the substrate (Gattere 37) and elastically suspended above the buried electrode (Chen 64B) at a separation distance (Chen D1/D2; Fig 7; [0050]) so as to form a detection capacitor (Chen [0050]).
The ordinary artisan would have been motivated to modify Gattere in the manner set forth above, at least, because such MEMS arrangements w Improved Reliability (Chen [Title; [0005]]).
The combination of (Gattere, and Chen) further comprises:
and a cap (Gattere 35/5 [0038,0043,0046,0060]) coupled to the structural layer (Gattere 33 in view of Chen 48) and having a first main surface (Gattere bottom of 35/5) facing the structural layer and a second main surface (top of 35/5) opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to a deformable portion (Gattere Fig 4) of a case of an electronic apparatus,
wherein the cap (Gattere 35/5) has, on the first main surface, an actuation portion (11; [0046]) on the mobile electrode (Gattere 9 in view of Chen 48 ) and configured so as to cause, in the presence of a pressure applied on the second main surface (Fig 4), a deflection of the mobile electrode towards the buried electrode (in view of Chen 64B ), the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation ([0059-0060) being indicative of an actuation (F; Fig 4) of the microelectromechanical button device.
Regarding claim 16. Gattere teaches an electronic apparatus (electronic apparatus 1; Fig 1; [0027]) , comprising (see the entire document, Figs 1-2, 4, along with subject matter referenced in other figures, specifically, as cited below):
a case having a deformable portion (a MEMS structure 6 ([0026]) and a deformable substrate configured to undergo deformation under the action of an external force); and
a user interface element that defines (see below for a physical button) (user interface element is construed from [0026] button 16 Fig 1 that can be operated by a user for generating an electrical signal used by the electronic apparatus for its operation), the user interface element (the button 16) having a microelectromechanical button device (a MEMS structure 6 [0026]), including:
a substrate (37; Figs 2; [0040]) of semiconductor material (semiconductor material, silicon; [0040) with a front surface (bottom of 37) and a rear surface, (top of 37);
While Gattere discloses overall frame of MEMS device (6 Fig 2; [0034]), it is silent on details of the individual members claimed as buried electrode, structural layer, cap etc as follows:
“{a user interface element that defines) a physical button,
a buried electrode on the substrate;
a structural layer including a mobile electrode overlying the substrate and elastically suspended above the buried electrode at a separation distance so as to form a detection capacitor; and
a cap coupled to the structural layer and having a first main surface facing the structural layer and a second main surface opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to the deformable portion of the case,
wherein the cap has, on the first main surface, an actuation portion on the mobile electrode and configured so as to cause, in the presence of a pressure applied on the second main surface, a deflection of the mobile electrode towards the buried electrode, the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation being indicative of an actuation of the microelectromechanical button device”
Nevertheless, as cited in claim 1 rejection, above , Chen discloses (MEMS) device within a display device 14, Fig 1 ([0023]), which is touch screen display that incorporates a layer of conductive capacitive touch sensor electrodes or other touch sensor components (e.g., inter alia, Capacitive touch screen electrodes, a physical button 16 [0026]), wherein (Figs 3-10)
a buried (in passivation layer 66; Fig 10; [0067]) electrode (64B) on the substrate (62 of the MEMS structure 42);
a structural layer (48; Fig 10; [0045+]) including a mobile electrode (46) overlying the substrate (62) and elastically suspended above the buried electrode (64B) at a separation distance (D1/D2; Fig 7; [0050]) so as to form a detection capacitor ([0050]);
and a cap (44p) coupled (Fig 10) to the structural layer (48) and having a first main surface (bottom of 44p) facing the structural layer (48) and a second main surface (top of 44p) opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to a deformable portion of a case of an electronic apparatus,
wherein the cap has, on the first main surface, an actuation portion on the mobile electrode and configured so as to cause, in the presence of a pressure applied on the second main surface, a deflection of the mobile electrode towards the buried electrode, the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation being indicative of an actuation of the microelectromechanical button device
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 of detailed features disclosed by Chen to Gattere button device, thereafter, the combination of (Gattere, and Chen) comprises:
“(a user interface element (Gattere) that defines a physical button (Chen 16; Fig 1; [0026]),
a buried (in passivation layer 66; Fig 10; [0067]) electrode (Chen 64B) on the substrate (Gattere 37; Figs 2; [0040]);
a structural layer (Chen 48) including a mobile electrode (Chen 46) overlying the substrate (Gattere 37) and elastically suspended above the buried electrode (Chen 64B) at a separation distance (Chen D1/D2; Fig 7; [0050]) so as to form a detection capacitor (Chen [0050]).
The ordinary artisan would have been motivated to modify Gattere in the manner set forth above, at least, because such MEMS arrangements w Improved Reliability (Chen [Title; [0005]]).
The combination of (Gattere, and Chen) further comprises:
and a cap (Gattere 35/5 [0038,0043,0046,0060]) coupled to the structural layer (Gattere 33 in view of Chen 48) and having a first main surface (Gattere bottom of 35/5) facing the structural layer and a second main surface (top of 35/5) opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to the deformable portion (Gattere Fig 4) of the case;
wherein the cap (Gattere 35/5) has, on the first main surface, an actuation portion (11; [0046]) on the mobile electrode (Gattere 9 in view of Chen 48 ) and configured so as to cause, in the presence of a pressure applied on the second main surface (Fig 4), a deflection of the mobile electrode towards the buried electrode (in view of Chen 64B ), the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation ([0059-0060) being indicative of an actuation (F; Fig 4) of the microelectromechanical button device.
Regarding claim 14. Gattere teaches an user interface element (user interface element is construed from [0026] button. that can be operated by a user for generating an electrical signal used by the electronic apparatus for its operation), comprising (see the entire document, Figs 1-2, 4, along with subject matter referenced in other figures, specifically, as cited below):
a case having a deformable portion a MEMS structure 6 ([0026]) and a deformable substrate configured to undergo deformation under the action of an external force); and
a microelectromechanical button device (microelectromechanical button device [abstract])including:
a substrate (37; Figs 2; [0040]) of semiconductor material (semiconductor material, silicon; [0040) with a front surface (bottom of 37) and a rear surface, (top of 37);
While Gattere discloses overall frame of MEMS device (6 Fig 2; [0034]), it is silent on details of the individual members claimed as buried electrode, structural layer, cap etc as follows:
“a buried electrode on the substrate;
a structural layer including a mobile electrode overlying the substrate and elastically suspended above the buried electrode at a separation distance so as to form a detection capacitor; and
a cap coupled to the structural layer and having a first main surface facing the structural layer and a second main surface opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to the deformable portion of the case,
wherein the cap has, on the first main surface, an actuation portion on the mobile electrode and configured so as to cause, in the presence of a pressure applied on the second main surface, a deflection of the mobile electrode towards the buried electrode, the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation being indicative of an actuation of the microelectromechanical button device”
Nevertheless, as cited in claim 1 rejection, above , Chen discloses (MEMS) device within a display device 14, Fig 1 ([0023]), which is touch screen display that incorporates a layer of conductive capacitive touch sensor electrodes or other touch sensor components (e.g., inter alia, Capacitive touch screen electrodes, a physical button 16 [0026]), wherein (Figs 3-10):
a buried (in passivation layer 66; Fig 10; [0067]) electrode (64B) on the substrate (62 of the MEMS structure 42);
a structural layer (48; Fig 10; [0045+]) including a mobile electrode (46) overlying the substrate (62) and elastically suspended above the buried electrode (64B) at a separation distance (D1/D2; Fig 7; [0050]) so as to form a detection capacitor ([0050]);
and a cap (44p) coupled (Fig 10) to the structural layer (48) and having a first main surface (bottom of 44p) facing the structural layer (48) and a second main surface (top of 44p) opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to a deformable portion of a case of an electronic apparatus,
wherein the cap has, on the first main surface, an actuation portion on the mobile electrode and configured so as to cause, in the presence of a pressure applied on the second main surface, a deflection of the mobile electrode towards the buried electrode, the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation being indicative of an actuation of the microelectromechanical button device
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 of detailed features disclosed by Chen to Gattere button device, thereafter, the combination of (Gattere, and Chen) comprises:
a buried (in passivation layer 66; Fig 10; [0067]) electrode (Chen 64B) on the substrate (Gattere 37; Figs 2; [0040]);
a structural layer (Chen 48) including a mobile electrode (Chen 46) overlying the substrate (Gattere 37) and elastically suspended above the buried electrode (Chen 64B) at a separation distance (Chen D1/D2; Fig 7; [0050]) so as to form a detection capacitor (Chen [0050]).
The ordinary artisan would have been motivated to modify Gattere in the manner set forth above, at least, because such MEMS arrangements w Improved Reliability (Chen [Title; [0005]]).
The combination of (Gattere, and Chen) further comprises:
and a cap (Gattere 35/5 [0038,0043,0046,0060]) coupled to the structural layer (Gattere 33 in view of Chen 48) and having a first main surface (Gattere bottom of 35/5) facing the structural layer and a second main surface (top of 35/5) opposite to the first main surface along the vertical axis, is the cap being designed to be mechanically coupled to the deformable portion (Gattere Fig 4) of the case;
wherein the cap (Gattere 35/5) has, on the first main surface, an actuation portion (11; [0046]) on the mobile electrode (Gattere 9 in view of Chen 48 ) and configured so as to cause, in the presence of a pressure applied on the second main surface (Fig 4), a deflection of the mobile electrode towards the buried electrode (in view of Chen 64B ), the deflection configured to cause a capacitive variation of the detection capacitor, the capacitive variation ([0059-0060) being indicative of an actuation (F; Fig 4) of the microelectromechanical button device.
Regarding claim 2 . The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 1, further teaches
wherein (Fig 4) the pressure is the result of a deformation of the deformable portion of the case of the electronic apparatus, due to an external force (F. Fig 4) applied on the deformable portion from outside of the case for actuation of the microelectromechanical button device (Fig 4).
Regarding claim 5 . The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 1, further teaches in view of (Chen Figs 4,8; [0038])
wherein the structural layer (Chen 48) includes an elastic suspension element (52 labeled as bridge or referred to as spring member; [0038]) having a first end coupled to the mobile electrode (Chen 46) and a second end fixedly coupled to the substrate (Chen 44p) , the elastic suspension element being configured to support the mobile electrode (Chen 46) suspended in cantilever fashion (depicted in Figs 4, 8) above the buried electrode (Chen 64B) and to enable deflection of the mobile electrode (46) towards the buried electrode.
Regarding claim 6. The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 5, further teaches
(the device) further comprising:
a conductive element (Gattere structure 13; [0032]) on the substrate,
wherein the structural layer (Gattere 42 in view of Chen 48) includes an anchorage element (Gattere anchorage 67 [0048] in view of Chen anchor [0038]) fixedly coupled to the substrate (Gattere 37; Figs 2; [0040]) by the conductive element, the conductive element configured for electrical connection (Gattere [0032]) to the mobile electrode (Chen 46).
Regarding claim 7. The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 6, further teaches
wherein the structural layer (Gattere 42 in view of Chen 48) includes an external frame that internally defines a window (2; Fig 1; [0027]) in which the mobile electrode (Chen 46) is arranged, the cap being coupled to the external frame by bonding regions (Gattere [0038]: cap 35, bonded to the active portion 33 by a gluing layer 34).
Regarding claim 8. The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 7, further teaches
wherein the anchorage element (Gattere anchorage 67 [0048] in view of Chen anchor [0038]) is defined by a portion of the external frame.
Regarding claim 9 . The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 1, further teaches
a buried cavity (Gattere 4; Fig 1; [0026]) being arranged between the front surface and the buried electrode ( in view of Chen 64B; Fig 10) , the buried electrode being suspended at a distance above the front surface of the substrate.
Regarding claim 10. The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 8, further teaches
an inner frame (delimited by 44p in Chen Fig 4; [0039) arranged in the structural layer (Chen 48), the buried electrode (Chen 64B) being supported in its position suspended above the buried cavity (Gattere 4; Fig 1; [0026]) by the inner frame,
wherein the inner frame is elastically decoupled from the substrate by at least one respective elastic suspension element (Chen 46) having a respective first end coupled to the inner frame and a second end (46B) fixedly coupled to the substrate.
Regarding claim 11 . The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 10, further teaches, (the device) further comprising:
a respective conductive element (Gattere structure 13; [0032]),
wherein the structural layer (Gattere 42 in view of Chen 48) includes a respective anchorage element (Gattere anchorage 67 [0048] in view of Chen anchor [0038]), and
the second end (Chen 52; figs 4, 8; [0038]) of the respective elastic suspension element ( Chen 46) is connected to the respective anchorage element and fixedly coupled to the substrate by the respective conductive element Gattere structure 13; [0032]), the respective conductive element configured for electrical connection (Gattere [0032]) to the buried electrode (Chen 64B).
Regarding claim 15 The combination of (Gattere, and Chen) as applied to the user interface element of claim 14, further teaches wherein the user interface element (Gattere) defines a physical button (Chen 16 [0026]).
Regarding claim 17, The combination of (Gattere, and Chen) as applied to the electronic apparatus according to claim 16, Gattere further teaches, (the apparatus) further comprising:
a chamber (2; Fig 1; [0027]) inside the case, the microelectromechanical button device being arranged in the chamber (2);
a flexible support (9; Fig 4; [0060]:flexible construed from deflection) integrating electrical-connection paths (connection structure 13; [0032]) housed within the chamber (2), the microelectromechanical button device being electrically and mechanically coupled to the flexible support (9); and
a printed-circuit board (20; Fig 2; [0036]) housed within the chamber and fixed to the case the flexible support being coupled to the printed-circuit board by a connection element.
Regarding claim 18, The combination of (Gattere, and Chen) as applied to the electronic apparatus according to claim 16, Gattere further teaches, wherein the electronic apparatus is a portable (or a wearable) electronic apparatus ([0027] the portable electronic apparatus 1).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over GATTERE; Gabriele et al (US 20210095949 A1) hereinafter Gattere; in view of Chen; Kuan-Lin et al (US 20160159638 A1) hereinafter Chen; and in further view of CHU; Chia-Hua et al ( US 20150284240 A1) hereinafter Chu.
Regarding claim 3. The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 1, but does not expressly disclose
wherein the cap has, on opposite sides of the actuation portion, a first recess and a second recess, which extend into the cap in a direction of the vertical axis.
Nevertheless, in the analogous art, Chu discloses (MEMS) device ([abstract), wherein claim 18 disclose in MEMS device comprising a first recess and a second recess in the cap substrate; and forming an outgassing layer over a bottom of the first recess, wherein after the cap substrate is bonded with the MEMS substrate, the first recess forms a portion of the first closed chamber, and the second recess forms a portion of the second closed chamber.
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 Chu’s recess in cap layer of the combination of (Gattere and Chen), since this inclusion at least will form outgassing layer.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over GATTERE; Gabriele et al (US 20210095949 A1) hereinafter Gattere; in view of Chen; Kuan-Lin et al (US 20160159638 A1) hereinafter Chen; and in further view of IKEHASHI; Tamio (US 20130234263 A1) hereinafter Ikehasi.
Regarding claim 4 . The combination of (Gattere, and Chen) as applied to the microelectromechanical button device according to claim 1, does not expressly disclose “wherein the actuation portion is a projection, which extends along the vertical axis starting from the first main surface of the cap towards the structural layer, and the actuation portion has one end arranged in contact with or in proximity of the mobile electrode”.
Nevertheless, in the analogous art, Ikehasi discloses MEMS element device ([0002]) wherein the actuation portion (25; 1B; [0054) is a projection, which extends along the vertical axis starting from the first main surface of the cap 26 towards the structural layer 14 , and the actuation portion has one end arranged in contact with or in proximity of the mobile electrode (15)
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 Ikehasi’s actuation projection portion into the combination of (Gattere and Chen), since this inclusion at least will relay external force to mobile element.
Allowable Subject Matter
Claims 12 and 13 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.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of references indicated above in section I-III or the prior art made of record in form PTO-892, or found in the searches, disclose all the limitations of claim 12. Regarding claim 13, this is objected because of the dependency on claim 12.
Conclusion
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
January 11, 2026