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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, and 4-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 12,695,435. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 2, and 4-6 of the instant application are merely broad presentations of claims 1 and 4 of US 12,695,435, as detailed below.
Claim 1 of the Instant Application
Claims 1 and 4 of US 12,695,435
An acoustic wave device
An acoustic wave device
a support including a support substrate
a support including a support substrate
a piezoelectric layer on the support and including a lithium niobate layer or a lithium tantalate layer
a piezoelectric layer on the support and being a rotated Y-cut lithium niobate layer
an IDT electrode on the piezoelectric layer and including a pair of busbars and a plurality of electrode fingers
an IDT electrode on the piezoelectric layer and including a pair of busbars and a plurality of electrode fingers
the support includes an acoustic reflector portion overlapping at least a portion of the IDT electrode in plan view
the support includes an acoustic reflection portion overlapping at least a portion of the IDT electrode in plan view
when a thickness of the piezoelectric layer is defined as d and a center-to-center distance between the electrode fingers adjacent to each other is defined as p, d/p is equal to or less than about 0.5
d/p is about 0.5 or less, when a thickness of the piezoelectric layer is d and a center-to-center distance of adjacent electrode fingers is p
some electrode fingers of the plurality of electrode fingers are connected to one busbar of the IDT electrode, remaining electrode fingers of the plurality of electrode fingers are connected to another busbar, the plurality of electrode fingers connected to the one busbar and the plurality of electrode fingers connected to the other busbar being interdigitated with each other
at least one of the plurality of electrode fingers are connected to one of the pair of busbars of the IDT electrode, others of the plurality of electrode fingers are connected to another of the pair of busbars, and the at least one of the plurality of electrode fingers connected to the one of the pair of busbars and the others of the plurality of electrode fingers connected to the another of the pair of busbars are interdigitated with each other
when viewed from a direction in which the adjacent electrode fingers are opposite to each other, a region in which the adjacent electrode fingers overlap each other is an intersection region, and a region located between the intersection region and the pair of busbars is a pair of gap regions
when viewed from a direction in which adjacent electrode fingers of the plurality of electrode fingers face each other, a region where the adjacent electrode fingers overlap each other is an intersection region and a region which is located between the intersection region and the pair of busbars is a pair of gap regions
an addition film with a higher dielectric constant and a higher density than silicon oxide is provided in at least one of the pair of gap regions
a mass addition film is provided in at least a portion of at least one of the pair of gap regions (claim 1); wherein the mass addition film includes at least one of silicon oxide, tungsten oxide, niobium pentoxide, tantalum oxide, or hafnium oxide; (claim 4)
Claims 2 and 4-6 of the Instant Application
Claims 1 and 4 of US 12,695,435
wherein the addition film is included in each of the pair of gap regions
a mass addition film is provided in at least a portion of at least one of the pair of gap regions
wherein the addition film includes at least one dielectric selected from a group consisting of tungsten oxide, niobium pentoxide, tantalum oxide, or hafnium oxide.
wherein the mass addition film includes at least one of silicon oxide, tungsten oxide, niobium pentoxide, tantalum oxide, or hafnium oxide
wherein the addition film is located on at least one of the electrode fingers.
a protective film on the piezoelectric layer and covering the IDT electrode
wherein the addition film is located on the piezoelectric layer so as to cover the plurality of electrode fingers.
a protective film on the piezoelectric layer and covering the IDT electrode
Claims 1, 4-6, and 9-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, and 19 of copending Application No. 18/596,849 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 4-6, and 9-11 of the instant application are merely broad presentations of claims 1, 11, and 19 of copending Application No. 18/596,849, as detailed below.
Claim 1 of the Instant Application
Claims 1, 11, and 19 of US 18/59689
An acoustic wave device
An acoustic wave device
a support including a support substrate
a support including a support substrate
a piezoelectric layer on the support and including a lithium niobate layer or a lithium tantalate layer
a piezoelectric layer on the support and including lithium niobate or lithium tantalate
an IDT electrode on the piezoelectric layer and including a pair of busbars and a plurality of electrode fingers
an interdigital transducer (IDT) electrode on the piezoelectric layer and including a pair of busbars and a plurality of electrode fingers
the support includes an acoustic reflector portion overlapping at least a portion of the IDT electrode in plan view
an acoustic reflection portion is provided at a position overlapping at least a portion of the IDT electrode in plan view viewed in a laminating direction of the support and the piezoelectric layer
when a thickness of the piezoelectric layer is defined as d and a center-to-center distance between the electrode fingers adjacent to each other is defined as p, d/p is equal to or less than about 0.5
d/p is about 0.5 or less, where d is a thickness of the piezoelectric layer and p is a center-to-center distance between the electrode fingers adjacent to each other
some electrode fingers of the plurality of electrode fingers are connected to one busbar of the IDT electrode, remaining electrode fingers of the plurality of electrode fingers are connected to another busbar, the plurality of electrode fingers connected to the one busbar and the plurality of electrode fingers connected to the other busbar being interdigitated with each other
some electrode fingers among the plurality of electrode fingers are connected to one of the pair of busbars of the IDT electrode, remaining electrode fingers among the plurality of electrode fingers are connected to another of the pair of busbars, and the some of the electrode fingers connected to the one of the pair of busbars and the remaining of the electrode fingers connected to the another of the pair of busbars are interdigitated with each other
when viewed from a direction in which the adjacent electrode fingers are opposite to each other, a region in which the adjacent electrode fingers overlap each other is an intersection region, and a region located between the intersection region and the pair of busbars is a pair of gap regions
where a direction in which the adjacent electrode fingers face each other is an electrode finger facing direction, a region in which the adjacent electrode fingers overlap each other when viewed in the electrode finger facing direction is an intersecting region, and where a direction in which the plurality of electrode fingers extend is an electrode finger extending direction, the intersecting region includes a central region and a pair of edge regions sandwiching the central region in the electrode finger extending direction, and edge regions located between the intersecting region and the pair of busbars
an addition film with a higher dielectric constant and a higher density than silicon oxide is provided in at least one of the pair of gap regions
at least one mass addition film is provided in at least one of the pair of edge regions or the pair of gap regions, and where any two points, in the electrode finger facing direction, of a portion in which the mass addition film is located are a first point and a second point, thicknesses of the mass addition film at at least a pair of the first point and the second point are different from each other (claim 1); wherein the mass addition film includes at least one of silicon oxide, tungsten oxide, niobium oxide, tantalum oxide, or hafnium oxide (claims 11 and 19)
Claims 4-6 and 9-11 of the Instant Application
Claims 1, 11, and 19 of US 18/596849
wherein the addition film includes at least one dielectric selected from a group consisting of tungsten oxide, niobium pentoxide, tantalum oxide, or hafnium oxide.
wherein the mass addition film includes at least one of silicon oxide, tungsten oxide, niobium oxide, tantalum oxide, or hafnium oxide
wherein the addition film is located on at least one of the electrode fingers.
at least one mass addition film is provided in at least one of the pair of edge regions
wherein the addition film is located on the piezoelectric layer so as to cover the plurality of electrode fingers.
at least one mass addition film is provided in at least one of the pair of edge regions
wherein when a direction in which the plurality of electrode fingers extends is defined as an electrode finger extending direction, the intersection region includes a central region and a pair of edge regions sandwiching the central region in the electrode finger extending direction
where a direction in which the adjacent electrode fingers face each other is an electrode finger facing direction, a region in which the adjacent electrode fingers overlap each other when viewed in the electrode finger facing direction is an intersecting region, and where a direction in which the plurality of electrode fingers extend is an electrode finger extending direction, the intersecting region includes a central region and a pair of edge regions sandwiching the central region in the electrode finger extending direction, and edge regions located between the intersecting region and the pair of busbars
a mass addition film is located in at least one of the pair of edge regions
at least one mass addition film is provided in at least one of the pair of edge regions
wherein the mass addition film is a silicon oxide film
wherein the mass addition film includes at least one of silicon oxide, tungsten oxide, niobium oxide, tantalum oxide, or hafnium oxide
wherein the mass addition film is made of a same material as the addition film
at least one mass addition film is provided in at least one of the pair of edge regions or the pair of gap regions; wherein the mass addition film includes at least one of silicon oxide, tungsten oxide, niobium oxide, tantalum oxide, or hafnium oxide
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-8 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagatomo et al. (WO 2021060523; “Nagatomo”). Cited paragraphs are the paragraphs under the heading “Description of Embodiments”. For example, citing paragraph 1 directs the Applicant’s attention to the first paragraph under the heading “Description of Embodiments”.
Regarding claim 1, Nagatomo teaches an acoustic wave device (figures 1 and 2) comprising:
a support (7-8) including a support substrate (8);
a piezoelectric layer (2) on the support and including a lithium niobate layer or a lithium tantalate layer (paragraph 6); and
an IDT electrode (3-6) on the piezoelectric layer and including a pair of busbars (5-6) and a plurality of electrode fingers (3-4); wherein
the support includes an acoustic reflector portion (9) overlapping at least a portion of the IDT electrode (3-6) in plan view (see figure 2);
when a thickness of the piezoelectric layer is defined as d and a center-to-center distance between the electrode fingers adjacent to each other is defined as p, d/p is equal to or less than about 0.5 (“The electrodes 3, 4 are adjacent and when the thickness of the piezoelectric layer 2 is d and the distance between the centers of the electrodes 3, 4 is p, d/p is no more than 0.5.” Abstract);
some electrode fingers of the plurality of electrode fingers are connected to one busbar of the IDT electrode, remaining electrode fingers of the plurality of electrode fingers are connected to another busbar, the plurality of electrode fingers connected to the one busbar and the plurality of electrode fingers connected to the other busbar being interdigitated with each other (See interdigitated fingers 3-4 and busbars 5-6 in figure 1);
when viewed from a direction in which the adjacent electrode fingers are opposite to each other, a region in which the adjacent electrode fingers overlap each other is an intersection region, and a region located between the intersection region and the pair of busbars is a pair of gap regions (See figure 1b); and
an addition film (10) with a higher dielectric constant and a higher density than silicon oxide (tantalum oxide; paragraph 11) is provided in at least one of the pair of gap regions (Paragraph 11: “the additional film 10 covers the entire surface of the first main surface 2a of the piezoelectric layer 2”).
As for claim 2, Nagatomo teaches wherein the addition film is included in each of the pair of gap regions (Paragraph 11: “the additional film 10 covers the entire surface of the first main surface 2a of the piezoelectric layer 2”).
As for claim 3, Nagatomo teaches wherein the piezoelectric layer is a lithium niobate layer having Euler angles (φ, θ, ψ) within a range of about 0°± 5°, within a range of about −8°± 14°, and within a range of about 90°± 5°, or within a range of about 0°± 5°, within a range of about −8°± 14°, and within a range of about 90°± 5° (Paragraph 54: “The Euler angles (0 °, 0 °, 90 °) of LiNbO3”).
Regarding claim 4, Nagatomo teaches wherein the addition film includes at least one dielectric selected from a group consisting of tungsten oxide, niobium pentoxide, tantalum oxide, or hafnium oxide (Paragraph 11).
As for claim 5, Nagatomo teaches wherein the addition film is located on at least one of the electrode fingers (Paragraph 11: “the additional film 10 covers the entire surface of the first main surface 2a of the piezoelectric layer 2”).
As for claim 6, Nagatomo teaches wherein the addition film is located on the piezoelectric layer so as to cover the plurality of electrode fingers (Paragraph 11: “the additional film 10 covers the entire surface of the first main surface 2a of the piezoelectric layer 2”).
Regarding claim 7, Nagatomo teaches wherein the addition film extends to, of an end portion on the busbar side and an end portion on the intersection region side, the end portion on the intersection region side in the gap region in which the addition film is provided (Paragraph 11: “the additional film 10 covers the entire surface of the first main surface 2a of the piezoelectric layer 2”).
As for claim 8, Nagatomo teaches wherein a thickness of the addition film is equal to or more than about 5 nm and equal to or less than about 20 nm (Paragraph 35: “Additional film 10:10 nm or 20 nm thick”).
As for claim 12, Nagatomo teaches wherein the acoustic reflector portion includes a cavity in the support (See cavity 9 in figure 2).
Regarding claim 13, Nagatomo teaches wherein d/p is equal to or less than about 0.24 (See figure 5a).
Regarding claim 14, Nagatomo teaches wherein, when a metallization ratio of the plurality of electrode fingers with respect to the intersection region is defined as MR, MR < about 1.75 (d/p)+0.075 is satisfied (Paragraphs 54 and 59).
As for claim 15, Nagatomo teaches wherein the support includes an insulating layer (7) on the support substrate (8), and the piezoelectric layer (2) is on the insulating layer (7).
Regarding claim 16, Nagatomo teaches (paragraph 16) wherein the support substrate includes a semiconductor material or a ceramic material (silicon), and the insulating layer (7) includes a dielectric material (silicon oxide).
Regarding claim 17, Nagatomo teaches wherein the acoustic wave device is one of an acoustic wave resonator (description of figure 9), a filter (description of figure 7), or a multiplexer.
As for claim 18, Nagatomo teaches wherein the acoustic wave device is structured to generate a bulk wave in a thickness-shear mode (This is a consequence of the d/p ratio taught by Nagatomo.).
Regarding claim 19, Nagatomo teaches wherein at least a portion of the IDT electrode overlaps the cavity (See configuration of figure 2).
Regarding claim 20, Nagatomo teaches wherein the acoustic reflector portion includes an acoustic multilayer film (See acoustic multilayer film 32 in figure 25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0288628 to Nishimura et al. teaches an acoustic wave device (figures 1A-1B), comprising: a substrate (10), a piezoelectric layer (14), an IDT electrode (20) including busbars (19) and fingers (18), reflectors (24), and a thickness to pitch ratio (para. [0058]).
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/LEVI GANNON/Primary Examiner, Art Unit 2836 August 11, 2026
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