Prosecution Insights
Last updated: October 27, 2026
Application No. 18/410,058

ACOUSTIC WAVE DEVICE

Non-Final OA §103
Filed
Jan 11, 2024
Priority
Jul 13, 2021 — provisional 63/221,026 +1 more
Examiner
SAN MARTIN, JAYDI A
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Murata Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
887 granted / 1047 resolved
+16.7% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
1072
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
44.7%
+4.7% vs TC avg
§102
38.8%
-1.2% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1047 resolved cases

Office Action

§103
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 . Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamane et al. (WO2021060513, using US20220216844 as the translation) in view of JP2018182499 (hereinafter JP’499). Regarding claim 1, Yamane discloses an acoustic wave device comprising: a support (2) with a thickness in a first direction and including a support substrate (2, 7); a piezoelectric layer (4) provided on the support; and an IDT electrode (5) provided on a main surface of the piezoelectric layer and including first and second electrode fingers (51, 52) and first and second busbar electrodes (611, 621), the first electrode finger extending in a second direction which intersects with the first direction, the first electrode finger being connected to the first busbar electrode, the second electrode finger extending in the second direction and facing a corresponding one of the first electrode finger in a third direction which is perpendicular to the second direction, the second electrode finger being connected to the second busbar electrode; wherein a space (26) is included in the support at a position that at least partially corresponds to a position of the IDT electrode when the support is seen from above in the first direction, the first electrode finger or the second electrode finger includes an underlying metal layer (titanium, paragraph [0068]) and a first metal layer (aluminum), the underlying metal layer contacting the piezoelectric layer, the first metal layer being stacked above the underlying metal layer; the underlying metal layer includes at least one of Ni, Cr, and Ti (titanium). Yamane fails to explicitly disclose the piezoelectric layer including a diffusion layer at a position at which the piezoelectric layer contacts the underlying metal layer in the first direction, the diffusion layer including at least one of Ni, Cr, and Ti. However, JP’499 teaches that when the metal film and the piezoelectric substrate are subject to high heat during the manufacturing process diffusion between the electrode material and the piezoelectric layer will occur (see description of Figs. 5A and 5B). Therefore, by forming a titanium adhesive layer on the piezoelectric substrate and exposing the elements to heat, a diffusion layer comprising titanium will be obtained. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the instant application to obtain a diffusion layer comprising titanium if no suppressive measures are provided in order to minimize the diffusion between the metal layer and the piezoelectric layer. Regarding claim 2, JP’499 discloses that regions 50 and 52 have a thickness of several nm. The characteristics of the diffusion layer would depend on specific elements and factors during the manufacturing process. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the instant application to determine the desired characteristics as necessitated by the specific requirements of the particular application and express the depth of the diffusion layer on an expression obtained by experimentation. Regarding claims 3 and 4, Yamane discloses the thickness of the piezoelectric layer (4) is about 400nm (see paragraph [0056]), and smaller than 2p. Regarding claim 5, the piezoelectric layer is LN or LT (paragraph [0007]). Regarding claim 6, the acoustic wave generates a bulk wave of a thickness shear mode (See paragraph [0042]). Regarding claims 7 and 8, d/p~0.24 (See Fig. 9A, paragraph [0087]). Regarding claim 9, please refer to paragraph [0094]. Regarding claim 10, refer to paragraph [0080]. Regarding claim 11, paragraph [0055] discloses Euler angles (φ, θ, ψ) of the piezoelectric layer 4, wherein φ is about 0°±10° and θ is about 0°±10°, ψ is any angle. Regarding claim 12, the width of the electrode fingers is about 500nm (paragraph [0061]). Regarding claim 13, an angle between a direction perpendicular to a longitudinal direction of the first and second electrode fingers and a polarization direction is in a range of about 90±10° (paragraph [0042]). Regarding claims 14 and 16, Yamane discloses an intermediate layer (7) made of silicon oxide. Regarding claim 15, the support substrate and the intermediate layer are frame-shaped and include cavities defining the space. Regarding claims 17 and 18, the support substrate is made of silicon (abstract). Regarding claim 19, Yamane fails to disclose the support substrate is made of one of aluminum oxide, lithium tantalate, lithium niobate, quartz, alumina, magnesia, sapphire, silicon nitride, aluminum nitride, silicon carbide, zirconia, cordierite, mullite, steatite, forsterite, diamond, glass, or gallium nitride. Selection from among known, suitable materials has long been held to be within the skill expected of the routineer and therefore obvious to one of ordinary skill in the art. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the instant application to provide a support substrate made of one of the recited materials as necessitated by the specific requirements of the particular application since the general characteristics, advantages and disadvantages of specific materials, such as aluminum oxide, lithium tantalate, lithium niobate, quartz, alumina, magnesia, sapphire, silicon nitride, aluminum nitride, silicon carbide, zirconia, cordierite, mullite, steatite, forsterite, diamond, glass, or gallium nitride to form the substrate of an acoustic device are well known, so that the choice of anyone of them as a substitute for any one of the others to obtain the known or naturally expected advantages of the chosen material presents in general a case of good judgment instead of a case of invention. Regarding claim 20, reflectors (8) are positioned on either side of the idt electrodes (Fig. 26). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hada et al. disclose IDT electrode comprising a multilayer structure comprising a NiCr/Ti layer formed close to the piezoelectric layer. Kando discloses a multilayer structure comprising gold as the base layer. Sakaguchi discloses how to minimize the diffusion of titanium into the piezoelectric layer during the manufacturing process. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm. 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, Dedei Hammond can be reached on 571-270-7938. 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 only. For more information about the PAIR system, see http://pair-direct.uspto.gov. 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. /J. San Martin/ Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Jan 11, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12771316
ACOUSTIC WAVE DEVICE AND ACOUSTIC WAVE MODULE
3y 7m to grant Granted Oct 20, 2026
Patent 12766556
Ultrasonic transducers, matching layers, and related methods
3y 4m to grant Granted Oct 20, 2026
Patent 12772739
ACOUSTIC WAVE DEVICE
2y 12m to grant Granted Oct 20, 2026
Patent 12757637
PIEZOELECTRIC ELEMENT
3y 6m to grant Granted Oct 06, 2026
Patent 12756375
SURFACE ACOUSTIC WAVE DEVICE
2y 11m to grant Granted Oct 06, 2026
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
85%
Grant Probability
97%
With Interview (+12.3%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1047 resolved cases by this examiner. Grant probability derived from career allowance rate.

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