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
Applicants’ election of invention I drawn to claims 1-15 and appended claims 16-20
are acknowledge. Claims 1-20 are examined herein.
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 05/27/2026 is acknowledged. Claims 1-20 are pending in the present application
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4-5, 7-9, 16-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hung (US Patent No 10,962,424) in view of Jahnes (US Patent No 9,120,667).
Regarding claim 1, Hung (US Patent No 10,962,424) teaches a method of fabricating a microelectromechanical (MEMS) structure (MEMS thermal sensor 100), the method comprising: forming (operation 3130, Figure 31) a release structure (modified patterned layer 3960*, Figure 43B, col 15 line 64 - col 16 line 1) disposed on a base structure (electrode finger 108 + electrode finger 112 + second sacrificial layer 3656 + second buffer layer 122b + coating layer 2942, Figure 29 + 38B, col 11, lines 18-21, teaches) wherein the base structure includes an anchor structure (electrode finger 108 + second buffer layer 122b, Figure 38B, col 15, lines 25-26); forming (operation 3130, Figure 31) an arm structure (second conductive layer 122a + sensing element 116, Figure 19, col 15 line 60 - col 16 line 9) disposed on the lower protective dielectric layer and on the anchor structure; and removing the release structure by etching (operation 3135; Figure 31, 43B, 44A; col 19 lines 43-52 + col 16 lines 21-22) with a fluorine-based etchant to form a MEMS arm (sensing element 116 + supporting element 120 + second conductive layer 122a, Figure 17) that is secured to the anchor structure, the MEMS arm comprising the arm structure and the lower protective dielectric layer, as claimed.
Hung (US Patent No 10,962,424) is silent to teach depositing a lower protective dielectric layer on at least the release structure.
In an analogous art, Jahnes (US Patent No 9,120,667) teaches depositing a lower protective dielectric layer (insulator layer 36 or dielectric layer 36, Figure 8, col 10, lines 41-47, teaches a dielectric such as SiO2 is deposited over the array of trenches. In embodiments, insulator layer forms part or all of MEMS capacitor dielectric. A dielectric layer, e.g., oxide, is formed on the layer and insulator layer. In embodiments, the dielectric layer is an upper capacitor dielectric or oxide deposition, which is formed on a bottom portion of the MEMS beam) on at least the release structure, as claimed.
Therefore, it would have been obvious for some one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hung (US Patent No 10,962,424) with the teachings of Jahnes (US Patent No 9,120,667) thereby having a lower protective dielectric layer on the release structure.
Regarding claim 4, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 1, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the lower protective dielectric layer is deposited at least on the release structure and the anchor structure (supporting element 120, Figure 41B, col 15 line 60 - col 16 line 3), as claimed.
Regarding claim 5, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 1, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the arm structure includes a stack of at least two layers of different materials, each layer comprising a metal, a metal alloy, a metal nitride, or a combination thereof (first element 130 + second element 132, Figure 19, col 7 lines 64-66 + col 8 lines 31-37), as claimed.
Regarding claim 7, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 1, as claimed. Hung (US Patent No 10,962,424) further teaches the anchor structure of the base structure comprises a first electrode (electrode finger 108, Figure 35B, col 3, lines 53-54), the base structure further comprises a second electrode (electrode finger 112, Figure 35B, col 3, lines 59-60) and a spacer (second sacrificial layer 3656, Figure 36B, col 14, lines 50-52) interposed between the first electrode and the second electrode, the release structure being disposed on the second electrode and on the spacer (modified patterned layer 3960*, Figure 40B, col15 line 60 - col 16 line 3); the etching with the fluorine-based etchant further removes the spacer (operation 3135, Figure 31, 44A, 44B; col 19 lines 43-57 + col 16 lines 21-22); and the MEMS structure fabricated by the method comprises a capacitive MEMS structure (MEMS thermal sensor 100, Figure 19-20 & 29, col 20, lines 5-9) in which the MEMS arm is capacitively coupled with the second electrode, as claimed.
Regarding claim 9, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 7, as claimed. Hung (US Patent No 10,962,424) further comprising: forming a comb (comb-shaped capacitive sensing electrode 104, Figure 21, col 3, lines 51-52, teaches MEMS thermal sensor can include comb-shaped capacitive sensing electrodes) secured with the arm structure, the comb comprising silicon, polysilicon, amorphous silicon, or a combination thereof (Figure 21, col 13, lines 10-29, teaches a pair of sensing electrodes are formed on substrate. For example, as shown in FIGS. 34A-34B and 35A-35B, the formation of sensing electrodes on substrate can include bonding a wafer to top surface of the structure of FIG. 33A, followed by a wafer thinning process to thin down wafer and patterning of the thinned down wafer to form sensing electrodes. Wafer can be a semiconductor material such as, but not limited to, silicon) coated with a comb structure protective dielectric layer that is not removed by the etching with the fluorine-based etchant; wherein the capacitive MEMS structure comprises a comb drive (MEMS thermal sensor 100, Figure 22), as claimed.
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Regarding claim 16, Hung (US Patent No 10,962,424) teaches a method of fabricating a microelectromechanical (MEMS) structure (MEMS thermal sensor 100), the method comprising: forming (operation 3115, Figure 31) a first electrode (electrode finger 108, Figure 35B, col 3, lines 53-54); forming (operation 3115, Figure 31) a second electrode (electrode finger 112, Figure 35B, col 3, lines 59-60); forming (operation 3130, Figure 31) a release structure (modified patterned layer 3960*, Figure 43B, col 15 line 64 - col 16 line 1); forming (operation 3130, Figure 31) an arm structure (second conductive layer 122a + sensing element 116, Figure 19, col 15 line 60 - col 16 line 9) that is secured to the first electrode and that is above the second electrode with a gap in between; and removing the release structure by etching (operation 3135; Figure 31, 43B, 44A; col 19, lines 43-52) to convert the arm structure to a cantilevered arm (second conductive layer 122a + sensing element 116 + supporting element 120, Figure 19) that is anchored to the first electrode, as claimed.
Hung (US Patent No 10,962,424) is silent to teach the arm structure being disposed on the release structure and having a lower protective dielectric layer disposed on an underside of the arm structure.
In an analogous art, Jahnes (US Patent No 9,120,667) teaches the arm structure being disposed on the release structure and having a lower protective dielectric layer disposed on an underside of the arm structure (insulator layer 36 or dielectric layer 36, Figure 8, col 10, lines 41-47, teaches a dielectric such as SiO2 is deposited over the array of trenches. In embodiments, insulator layer forms part or all of MEMS capacitor dielectric. A dielectric layer, e.g., oxide, is formed on the layer and insulator layer. In embodiments, the dielectric layer is an upper capacitor dielectric or oxide deposition, which is formed on a bottom portion of the MEMS beam), as claimed.
Therefore, it would have been obvious for some one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hung (US Patent No 10,962,424) with the teachings of Jahnes (US Patent No 9,120,667) thereby having a lower protective dielectric layer disposed under the arm structure.
Regarding claim 17, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 16, as claimed. Hung (US Patent No 10,962,424) further teaches forming a comb (comb-shaped capacitive sensing electrode 104, Figure 21, col 3, lines 51-52) secured with the cantilevered arm, wherein the MEMS structure comprises a capacitive comb drive (MEMS thermal sensor 100, Figure 22), as claimed.
Regarding claim 19, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 16, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the arm structure comprises a metal, a metal alloy, a metal nitride, or a combination thereof (sensing elements 116, Figure 19, col 7 lines 64-66 + col 8 lines 31-33), as claimed.
Regarding claim 20, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 16, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the arm structure includes a bend (curved sense elements, Figure 19, col 3, lines 6-7), as claimed.
Claim(s) 2-3, 6, and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) in view of Ikeda (US Patent No 6,838,304).
Regarding claim 2, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 1, as claimed. Hung (US Patent No 10,962,424) further teaches that the arm structure comprises a metal, a metal alloy, a metal nitride, or a combination thereof (sensing elements 116, Figure 19, col 7 lines 64-66 + col 8 lines 31-33, teaches each sensing element can include a first element disposed on a second element…first and second elements and can include a metal, a metal alloy, a semiconductor, or a combination thereof).
Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) are silent to teach that the release structure comprises silicon, polysilicon, amorphous silicon, or a combination thereof.
In an analogous art, Ikeda (US Patent No 6,838,304) teaches that the release structure comprises silicon, polysilicon, amorphous silicon, or a combination thereof (sacrificial layer 18, Figure 14C, col 4, lines 31-33, teaches Silicon (for example, non-crystalline silicon, polycrystalline silicon, or the like) or a silicon oxide film is used to form the sacrificial layer), as claimed.
Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) by replacing the material of the modified patterned layer with the sacrificial layer of Ikeda (US Patent No 6,838,304) thereby having a release structure for selective fluorine-based etching.
Regarding claim 3, Hung (US Patent No 10,962,424), Jahnes (US Patent No 9,120,667), and Ikeda (US Patent No 6,838,304) teach the method of claim 2, as claimed. Jahnes (US Patent No 9,120,667) further teaches wherein the lower protective dielectric layer comprises a silicon oxide, a silicon nitride, a silicon carbide, a silicon oxynitrocarbide, a glass, or a combination thereof (insulator layer 36 or dielectric layer 36, Figure 8, col 10, lines 41-47, teaches a dielectric such as SiO2 is deposited over the array of trenches. In embodiments, insulator layer forms part or all of MEMS capacitor dielectric. A dielectric layer, e.g., oxide, is formed on the layer and insulator layer. In embodiments, the dielectric layer is an upper capacitor dielectric or oxide deposition, which is formed on a bottom portion of the MEMS beam).
Regarding claim 6, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teach the method of claim 1, as claimed.
Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) are silent to teach wherein the lower protective dielectric layer comprises a dielectric stack including at least two different dielectric layers.
In an analogous art, Ikeda (US Patent No 6,838,304) teaches wherein the lower protective dielectric layer comprises a dielectric stack including at least two different dielectric layers (fluid film 35 + silicon nitride film 38, Figure 7B, col 8 lines 2-6 + col 11 lines 64-67, teaches the fluid film, for example, a phosphor-doped or boron-doped, or the both-doped (phosphor and boron) silicon oxide film, so-called PSG (phosphor silicate glass), BSG (boron silicate glass), or PBSG (phosphor boron silicate glass) film...since the fluid film remains, the beam is formed of a three-layer film of the driving side electrode, silicon nitride film and fluid film), as claimed.
Therefore, it would have been obvious for some one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) with the teachings of Ikeda (US Patent No 6,838,304) thereby having a lower protective dielectric layer made of a stack of at least two different dielectric layers.
Regarding claim 10, Hung (US Patent No 10,962,424) teaches a method of fabricating a microelectromechanical (MEMS) structure (MEMS thermal sensor 100), the method comprising: providing a capacitive drive (MEMS thermal sensor 100, Figure 22) including a first electrode (electrode finger 108, Figure 35B, col 3, lines 53-54, teaches Sensing electrode can have a plurality of electrode fingers) and a second electrode (electrode finger 112, Figure 35B, col 3, lines 59-60, teaches Sensing electrode can have a plurality of electrode fingers); forming (operation 3130, Figure 31) an arm structure (second conductive layer 122a + sensing element 116, Figure 19, col 15 line 60 - col 16 line 9, teaches sensing elements and supporting elements are formed on second conductive layers, which are formed on electrode fingers of sensing electrode. The formation of sensing elements and supporting elements can include...blanket depositing a second element layer (shown in FIGS. 41A-41B) on supporting element layer, (v) blanket depositing a first element layer (shown in FIGS. 41A-41B) on second element layer, (vi) patterning first and second element layers to form respective first and second elements of sensing element (shown in FIGS. 42A-42B)) disposed on the lower protective dielectric layer and on the first electrode; and removing the release structure by etching (operation 3135; Figure 31, 43B, 44A; col 19 lines 43-52 + col 16 lines 21-22, teaches the modified patterned layer and first and second sacrificial layers are removed. For example, as shown in FIGS. 44A-44B, modified patterned layer and first and second sacrificial layers can be removed after the formation of sensing elements, supporting elements, measurement contact pads and, and pad layers. In some embodiments, modified patterned layer can be removed using a dry etch process (e.g., reactive ion etching) or a wet etch process (e.g., etchant having sulfuric acid)...The dry etch process can include reactive ion etching with chlorine or fluorine based gas) with a fluorine-based etchant to form a cantilevered arm (sensing element 116 + supporting element 120 + second conductive layer 122a, Figure 17, col 20, lines 5-9, teaches the MEMS thermal sensor can have a pair of capacitive sensing electrodes...with interdigitated electrode fingers...coupled to curved sensing elements) that is secured to the first electrode and that is capacitively coupled with the second electrode, the cantilevered arm comprising the arm structure and the lower protective dielectric layer, as claimed.
Hung (US Patent No 10,962,424) is silent to teach forming a release structure comprising a silicon material disposed on the second electrode and depositing a lower protective dielectric layer on at least the release structure.
In an analogous art, Ikeda (US Patent No 6,838,304) teaches forming a release structure (sacrificial layer 18, Figure 14C, col 4, lines 31-33, teaches Silicon (for example, non-crystalline silicon, polycrystalline silicon, or the like) or a silicon oxide film is used to form the sacrificial layer) comprising a silicon material disposed on the second electrode, as claimed. In another analogous art, Jahnes (US Patent No 9,120,667) teaches depositing a lower protective dielectric layer on at least the release structure (insulator layer 36 or dielectric layer 36, Figure 8, col 10, lines 41-47, teaches a dielectric such as SiO2 is deposited over the array of trenches. In embodiments, insulator layer forms part or all of MEMS capacitor dielectric. A dielectric layer, e.g., oxide, is formed on the layer and insulator layer. In embodiments, the dielectric layer is an upper capacitor dielectric or oxide deposition, which is formed on a bottom portion of the MEMS beam), as claimed.
Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hung (US Patent No 10,962,424) with the teachings of Ikeda (US Patent No 6,838,304) thereby having a release structure made of a silicon material; and further modified the teachings of Hung (US Patent No 10,962,424) with the teachings of Jahnes (US Patent No 9,120,667) thereby having a lower protective dielectric layer on the release structure.
Regarding claim 11, Hung (US Patent No 10,962,424), Ikeda (US Patent No 6,838,304), and Jahnes (US Patent No 9,120,667) teach the method of claim 10, as claimed. Ikeda (US Patent No 6,838,304) further teaches wherein the silicon material of the release structure comprises silicon, polysilicon, amorphous silicon, or a combination thereof, as claimed (sacrificial layer 18, Figure 14C, col 4, lines 31-33, teaches Silicon (for example, non-crystalline silicon, polycrystalline silicon, or the like) or a silicon oxide film is used to form the sacrificial layer).
Regarding claim 12, Hung (US Patent No 10,962,424), Ikeda (US Patent No 6,838,304), and Jahnes (US Patent No 9,120,667) teach the method of claim 10, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the fluorine-based etchant comprises CF4, SF6, or a combination thereof (operation 3135; Figure 31, 43B, 44A; col 19 lines 43-52 + col 16 lines 21-22, teaches the modified patterned layer and first and second sacrificial layers are removed. For example, as shown in FIGS. 44A-44B, modified patterned layer and first and second sacrificial layers can be removed after the formation of sensing elements, supporting elements, measurement contact pads and, and pad layers. In some embodiments, modified patterned layer can be removed using a dry etch process (e.g., reactive ion etching) or a wet etch process (e.g., etchant having sulfuric acid)...The dry etch process can include reactive ion etching with chlorine or fluorine based gas), as claimed.
Regarding claim 13, Hung (US Patent No 10,962,424), Ikeda (US Patent No 6,838,304), and Jahnes (US Patent No 9,120,667) teach the method of claim 10, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the lower protective dielectric layer (Figure 41B, col 15 line 60 - col 16 line 3, teaches supporting elements are formed on second conductive layers, which are formed on electrode fingers of sensing electrode. The formation of sensing elements and supporting elements can include (i) forming a patterned layer (shown in FIGS. 39A-39B), (ii) performing a thermal treatment on patterned layer to form a modified patterned layer with a curved cross-section (shown in FIGS. 40A-40B), (iii) blanket depositing a supporting element layer (shown in FIGS. 41A-41B) on modified patterned layer) is deposited at least on the release structure and the first electrode, as claimed.
Regarding claim 14, Hung (US Patent No 10,962,424) Ikeda (US Patent No 6,838,304), and Jahnes (US Patent No 9,120,667) teach the method of claim 10, as claimed. Hung (US Patent No 10,962,424) further teaches wherein the arm structure is formed with two layers of different materials (first element 130 + second element 132, Figure 19, col 7 lines 64-66 + col 8 lines 31-33, teaches each sensing element can include a first element disposed on a second element…first and second elements can include a metal, a metal alloy, a semiconductor, or a combination thereof), as claimed.
Regarding claim 15, Hung (US Patent No 10,962,424), Ikeda (US Patent No 6,838,304), and Jahnes (US Patent No 9,120,667) teach the method of claim 10, as claimed. Ikeda (US Patent No 6,838,304) further teaches wherein the lower protective dielectric layer comprises a dielectric stack including at least two different dielectric layers (fluid film 35 + silicon nitride film 38, Figure 7B, col 8 lines 2-6 + col 11 lines 64-67, teaches "the fluid film, for example, a phosphor-doped or boron-doped, or the both-doped (phosphor and boron) silicon oxide film, so-called PSG (phosphor silicate glass), BSG (boron silicate glass), or PBSG (phosphor boron silicate glass) film...since the fluid film remains, the beam is formed of a three-layer film of the driving side electrode, silicon nitride film and fluid film), as claimed.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over , Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) in view of Geisberger (US Patent No 8,138,007).
Regarding claim 18, Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) teaches the method of claim 16, as claimed.
Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) are silent to teach forming at least one spring comprising the same material as the arm structure.
In an analogous art, Geisberger (US Patent No 8,138,007) teaches forming at least one spring (compliant members 52, Figure 4, col 3, lines 49-58, teaches One or more compliant members, or springs, interconnect proof mass with proof mass anchors. In an embodiment, compliant members allow movement of proof mass in a single direction, referred to herein as a Y-direction, that is parallel to a plane, i.e., the planar surface of substrate. Proof mass includes a number of movable fingers or electrodes, referred to herein as projections, all of which are connected with an outer frame of proof mass. Projections extend substantially parallel to planar surface of substrate) comprising the same material as the arm structure, as claimed.
Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Hung (US Patent No 10,962,424) and Jahnes (US Patent No 9,120,667) with the teachings of Geisberger (US Patent No 8,138,007) thereby forming a spring in the comb drive of the MEMS structure that provides a restoring force for the MEMS structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEM M MOHAMED-ALY whose telephone number is (571)270-0312. The examiner can normally be reached Monday – Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached at (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.M.A./Examiner, Art Unit 2898
/Leonard Chang/Supervisory Patent Examiner, Art Unit 2898
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