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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Acknowledgment is made that this application is a 35 USC 111(a) application claiming under § 365(c) the benefit of PCT/CN2023/092424 filed 05/06/2023 that did not enter the national stage under § 371 (“bypass” application).
Information Disclosure Statement
An information disclosure statement has not been received. If the Applicant is aware of any pertinent prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Drawings
The drawing(s) is/are objected to under 37 CFR 1.83(a) for not showing claimed features. The drawings must show every feature of the invention specified in the claims. Therefore, the “electronic body” & “micromechanical gyroscope, mounted on the body” (at least claim 12) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The Examiner notes that conventional features can be conveniently shown by labeled & numbered rectangular boxes.
The drawings (figs. 7-9) are objected to under 37 CFR 1.84(m). The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
The drawings (figs. 7-9) are objected to under 37 CFR 1.84(l) for being unsatisfactorily reproducible. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
The drawings are objected to because unlabeled non-descriptive representations are impermissible under 37 CFR 1.83(a) which states (bold for emphasis):
(a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that are included in sequence listings should not be duplicated in the drawings.
Element(s) 3 in figs. 1 & 10, 81, 82, & 83 in fig. 5, 82 in fig. 6 need appropriate legends in the form of descriptive text labels in addition to any reference characters already present. Empty or not labeled rectangular boxes and non-descriptive representations of features are not descriptive, and therefore incomplete. The descriptive text labels should contain as few words as possible. See also 37 CFR 1.84(n) (conventional symbols), 1.84(o) (required descriptive legends), & 1.84(p) (standards for the text labels), and MPEP § 608.02(b)(II)(¶ 6.22) (“descriptive text label”). Appropriate Correction is required.
Figs. 7-8 is/are objected to for incomplete line pointers (appears to be missing “1”).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action.
The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc. If a satisfactory title is not supplied by the applicant, the Examiner may, at the time of allowance, change the title by an Examiner’s amendment. See MPEP § 1302.04(a). The Examiner notes that each of “Micromechanical Gyroscope” and “Electronic Product” are commonly known objects in the art and therefore the title provides insufficient informative value in indexing, classifying, searching, etc.; the Examiner therefore suggests inclusion of referencing either directly or indirectly (e.g., structure) to the improvement(s) of Coriolis conversion rate and/or maximizing chip area utilization.
Applicant is reminded of the proper content, language, and/or format for an abstract of the disclosure:
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because:
use of phrases which can be implied (“Provided are”).
Appropriate correction is required. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by newly cited Huang* et al (CN 114646309 A; hereafter “Huang”).
Regarding independent claim 1,
Huang discloses a micromechanical gyroscope (fig. 1) (Title “Triaxial Gyroscope”; Abstract); Technical Field “micro-electromechanical system, specifically relates to a three-axis gyroscope”), comprising:
a first mass (fig. 1, mass block 20), provided with a mounting area (area within mass block 20 for mounting gyroscope components);
a plurality of second masses (fig. 1, mass blocks 30), distributed in a first direction (x̂);
a plurality of drivers (fig. 1, driving mass blocks 40), distributed in first direction (x̂), and
a respective driver (fig. 1, driving mass block 40) of a plurality of drivers (fig. 1, driving mass blocks 40) is disposed on a respective one of two opposite sides of the plurality of second masses (fig. 1, mass blocks 30) in first direction (x̂),
wherein
the plurality of drivers (fig. 1, driving mass blocks 40) and the plurality of second masses (fig. 1, mass blocks 30) are all located within the mounting area (area within mass block 20 for mounting gyroscope components), and
the first mass (fig. 1, mass block 20) surrounds outer sides of the plurality of drivers (fig. 1, driving mass blocks 40) and outer sides of the plurality of second masses (fig. 1, mass blocks 30);
a plurality of first flexible beams (fig. 1, elastic pieces 53),
wherein the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40) is connected to the first mass (fig. 1, mass block 20) by means of a respective first flexible beam (fig. 1, elastic piece 53) of the plurality of first flexible beams (fig. 1, elastic pieces 53); and
a plurality of second flexible beams (fig. 1, elastic pieces 52),
wherein a respective second mass (fig. 1, mass block 30) of the plurality of second masses (fig. 1, mass blocks 30) is connected to the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40) adjacent to the respective second mass (fig. 1, mass block 30) by means of a respective second flexible beam (fig. 1, elastic piece 52) of the plurality of second flexible beams (fig. 1, elastic pieces 52).
Regarding claim 8, which depends on claim 1,
Huang discloses further including:
a plurality of fourth anchor points (fig. 1, anchor points 10a, 10b, 10c, & 10d) and a plurality of guiding beams (fig. 1, elastic pieces 51),
wherein
the plurality of fourth anchor points (fig. 1, anchor points 10a, 10b, 10c, & 10d) are located in the mounting area (area within mass block 20 for mounting gyroscope components) and distributed in a circumferential direction of the mounting area (area within mass block 20 for mounting gyroscope components),
a respective fourth anchor point (fig. 1, anchor point 10a/b/c/d) of the plurality of fourth anchor points (fig. 1, anchor points 10a, 10b, 10c, & 10d) is disposed between the first mass (fig. 1, mass block 20) and the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40), and
the respective driver (fig. 1, driving mass block 40) is connected to the respective fourth anchor point (fig. 1, anchor point 10a/b/c/d) by means of a respective guiding beam (fig. 1, elastic piece 51) of the plurality of guiding beams (fig. 1, elastic pieces 51).
Regarding claim 9, which depends on claim 1,
Huang discloses further including:
a plurality of in-plane driving transducers (fig. 1, electrostatic comb structures 41),
wherein a respective in-plane driving transducer (fig. 1, respective electrostatic comb structures 41) of the plurality of in-plane driving transducers (fig. 1, electrostatic comb structures 41) is disposed above the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40);
a plurality of in-plane detecting transducers (fig. 1, electrodes 31),
wherein a respective in-plane detecting transducer (fig. 1, electrode 31) of the plurality of in-plane detecting transducers (fig. 1, electrodes 31) is disposed above the respective second mass (fig. 1, mass block 30) of the plurality of second masses (fig. 1, mass blocks 30); and
a plurality of out-of-plane detecting transducers (fig. 1, electrodes 21), disposed above the first mass (fig. 1, mass block 20).
Claim Rejections - 35 USC § 102/103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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, 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.
Claim(s) 12 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over newly cited Huang.
Regarding independent claim 12,
Huang reasonably teaches an electronic product (at once so envisaged that Huang’s MEMS gyroscope is mounted on the body of an electronic product; additional obviousness analysis provided) (Technical Field & Background “The invention relates to the technical field of micro-electromechanical system, specifically relates to a three-axis gyroscope. micro-gyroscope based on MEMS (Micro-Electro-Mechanical-System, MEMS) processing for measuring rotating angular velocity, it has small volume, low cost, good integration, good performance and so on, the consumer electronics, industry, Medical, military and other non-fields with wide application, at present, in various mobile terminal, camera, game handle, navigation instrument and other consumer electronic product, also has become a standard configuration”), comprising:
a body (body of electronic product; Examiner further emphasizes that electronic products as described by Huang implicitly/inherently comprise a body) (at once so envisaged; see citations above for Technical Field & Background; additional obviousness analysis provided); and
a micromechanical gyroscope (fig. 1) (Title “Triaxial Gyroscope”; Abstract); Technical Field “micro-electromechanical system, specifically relates to a three-axis gyroscope”), mounted on the body (at once so envisaged that MEMS gyroscope is mounted; see citations above for Technical Field & Background; additional obviousness analysis provided),
wherein the micromechanical gyroscope (fig. 1) includes:
a first mass (fig. 1, mass block 20), provided with a mounting area (area within mass block 20 for mounting gyroscope components);
a plurality of second masses (fig. 1, mass blocks 30), distributed in a first direction (x̂);
a plurality of drivers (fig. 1, driving mass blocks 40), distributed in first direction (x̂), and
a respective driver (fig. 1, driving mass block 40) of a plurality of drivers (fig. 1, driving mass blocks 40) is disposed on a respective one of two opposite sides of the plurality of second masses (fig. 1, mass blocks 30) in first direction (x̂),
wherein
the plurality of drivers (fig. 1, driving mass blocks 40) and the plurality of second masses (fig. 1, mass blocks 30) are all located within the mounting area (area within mass block 20 for mounting gyroscope components), and
the first mass (fig. 1, mass block 20) surrounds outer sides of the plurality of drivers (fig. 1, driving mass blocks 40) and outer sides of the plurality of second masses (fig. 1, mass blocks 30);
a plurality of first flexible beams (fig. 1, elastic pieces 53),
wherein the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40) is connected to the first mass (fig. 1, mass block 20) by means of a respective first flexible beam (fig. 1, elastic piece 53) of the plurality of first flexible beams (fig. 1, elastic pieces 53); and
a plurality of second flexible beams (fig. 1, elastic pieces 52),
wherein a respective second mass (fig. 1, mass block 30) of the plurality of second masses (fig. 1, mass blocks 30) is connected to the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40) adjacent to the respective second mass (fig. 1, mass block 30) by means of a respective second flexible beam (fig. 1, elastic piece 52) of the plurality of second flexible beams (fig. 1, elastic pieces 52).
The Examiner acknowledges that Huang does not explicitly state that Huang’s MEMS gyroscope is mounted to a body of an electronic product.
However:
The Examiner takes Official Notice that electronic products are conventional, and the Examiner further takes Official Notice that mounting MEMS gyroscopes to the bodies of electronic products is routine in the art.
Furthermore, and as factually supporting the aforementioned assertion, Huang teaches an electronic product comprising: a body (body of electronic product); and a micromechanical gyroscope (MEMS gyroscope) mounted on the body (body of electronic product) (Technical Field & Background “The invention relates to the technical field of micro-electromechanical system, specifically relates to a three-axis gyroscope. micro-gyroscope based on MEMS (Micro-Electro-Mechanical-System, MEMS) processing for measuring rotating angular velocity, it has small volume, low cost, good integration, good performance and so on, the consumer electronics, industry, Medical, military and other non-fields with wide application, at present, in various mobile terminal, camera, game handle, navigation instrument and other consumer electronic product, also has become a standard configuration”).
The Examiner further notes that "Combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness", see Boston Scientific Scimed, Inc. v. Cordis Corp., 554 F.3d 982, 991 (Fed. Cir. 2009). In the present case, either an ordinary artisan would at once envisage that Huang’s background is reasonably teaching that Huang’s gyroscope is to be so utilized for the conventional purposes thereof, or nevertheless would be trivially so obvious.
In view of the above, either one of ordinary skill in the art at the time the invention was effectively filed would at once envisaged that Huang reasonably teaches that Huang’s MEMS gyroscope is to be conventionally mounted to the body of an electronic, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a conventional electronic product with Huang’s MEMS gyroscope by routinely mounting Huang’s gyroscope to the conventional electronic product for the expected purpose of measuring rotating angular velocity thereof with small volume, low cost, good integration, good performance and so on, and thereby providing useful commercial application (e.g., marketing and utility) in common consumer and government goods in a standard configuration.
Regarding claim 19, which depends on claim 12,
Huang teaches wherein the micromechanical gyroscope (fig. 1) further includes:
a plurality of fourth anchor points (fig. 1, anchor points 10a, 10b, 10c, & 10d) and a plurality of guiding beams (fig. 1, elastic pieces 51),
wherein
the plurality of fourth anchor points (fig. 1, anchor points 10a, 10b, 10c, & 10d) are located in the mounting area (area within mass block 20 for mounting gyroscope components) and distributed in a circumferential direction of the mounting area (area within mass block 20 for mounting gyroscope components),
a respective fourth anchor point (fig. 1, anchor point 10a/b/c/d) of the plurality of fourth anchor points (fig. 1, anchor points 10a, 10b, 10c, & 10d) is disposed between the first mass (fig. 1, mass block 20) and the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40), and
the respective driver (fig. 1, driving mass block 40) is connected to the respective fourth anchor point (fig. 1, anchor point 10a/b/c/d) by means of a respective guiding beam (fig. 1, elastic piece 51) of the plurality of guiding beams (fig. 1, elastic pieces 51).
Regarding claim 20, which depends on claim 12,
Huang teaches wherein the micromechanical gyroscope (fig. 1) further includes:
a plurality of in-plane driving transducers (fig. 1, electrostatic comb structures 41),
wherein a respective in-plane driving transducer (fig. 1, respective electrostatic comb structures 41) of the plurality of in-plane driving transducers (fig. 1, electrostatic comb structures 41) is disposed above the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40);
a plurality of in-plane detecting transducers (fig. 1, electrodes 31),
wherein a respective in-plane detecting transducer (fig. 1, electrode 31) of the plurality of in-plane detecting transducers (fig. 1, electrodes 31) is disposed above the respective second mass (fig. 1, mass block 30) of the plurality of second masses (fig. 1, mass blocks 30); and
a plurality of out-of-plane detecting transducers (fig. 1, electrodes 21), disposed above the first mass (fig. 1, mass block 20).
Allowable Subject Matter
Claim(s) 2-7, 10-11, and 13-18 is/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:
When this application is finally acted upon and allowed (i.e., the Notice of Allowance), the Examiner will determine, at the same time, whether the reasons why the application is being allowed are sufficiently evident from the record; see MPEP § 1302.14(I). For now, the Examiner notes that Huang does not teach items: 1) wherein in a direction perpendicular to a front surface of the first mass (fig. 1, mass block 20), a projection of the first mass (fig. 1, mass block 20) is a centrosymmetric pattern; and 2) a first anchor point, a plurality of third anchor points, the plurality of third anchor points are all located in the mounting area (area within mass block 20 for mounting gyroscope components), the first anchor point disposed between the plurality of second masses (fig. 1, mass blocks 30), and the plurality of second anchor points (fig. 1, anchor points 10e & 10f) are disposed on two opposite sides of the first anchor point in a second direction (ŷ) perpendicular to the first direction (x̂), a respective third anchor point of the plurality of third anchor points is disposed on a side of the respective driver (fig. 1, driving mass block 40) of the plurality of drivers (fig. 1, driving mass blocks 40) facing the respective second mass (fig. 1, mass block 30) of the plurality of second masses (fig. 1, mass blocks 30), and the plurality of third anchor points are disposed opposite to each other in the first direction (x̂), and the respective second mass (fig. 1, mass block 30) of the plurality of second masses (fig. 1, mass blocks 30) is connected to the first anchor point by means of a respective third flexible beam of the plurality of third flexible beams, and the first mass (fig. 1, mass block 20) is connected to…the plurality of third anchor points by means of the plurality of fourth flexible beams.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
Examiner interviews are available via telephone 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.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID L SINGER/Primary Examiner, Art Unit 2855 21FEB2026