Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . See 35 U.S.C. § 100 (note).
Art Rejections
Obviousness
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.
Claims 1, 2, 4–8, 10, 11, 14–16, 18, 19 and 21 are rejected under 35 U.S.C. § 102(a)(1), (2) as being unpatentable over the combination of US Patent Application Publication 2023/0247372 (effectively filed 28 January 2022) (“Dagher”) and US Patent Application Publication 2024/0223967 (effectively filed 30 December 2022) (“Joet”).
Claims 12 and 13 are rejected under 35 U.S.C. § 102(a)(1), (2) as being unpatentable over the combination of Dagher; Joet and US Patent Application Publication 2012/0082325 (published 05 April 2012) (“Sakurauchi”).
Claim 20 is rejected under 35 U.S.C. § 102(a)(1), (2) as being unpatentable over the combination of Dagher and Samer Dagher et al., First MEMS Microphone Based on Capacitive Transduction in Vacuum, 2020 IEEE MEMS 838 (IEEE, 18–22 January 2020) (“Dagher II”).
Claim 1 is drawn to “an acoustic transducer.” The following table illustrates the correspondence between the claimed acoustic transducer and the Dagher reference.
Claim 1
The Dagher Reference
“1. An acoustic transducer, comprising:
The Dagher reference describes a corresponding electroacoustic transducer. Dagher at Abs. ¶¶ 2, 58–70, FIG.1.
“a sound collection part;
“a transduction part;
Dagher’s transducer similarly includes a sound collection part formed primarily by movable element 13 and a transduction part formed primarily by capacitive detection system 15. Id.
“a substrate region surrounding a first chamber in the sound collection part, the first chamber being in fluid communication with an external environment;
Dagher’s transducer includes a frame that delimits a first zone 11 and a second zone 12. Id. The first zone 11 and second zone 12 are formed by a substrate support 21 that corresponds to the claimed substrate region. Id. at ¶¶ 73, 98, FIG.3J. Substrate support 21 surrounds movable element 13 to create a chamber (210 or BV) in fluid communication with an external environment. Id. at ¶ 97, 98, 119, 122, FIG.3J.
“a fixed structure coupled to the substrate region;
Dagher’s frame further includes a structural layer 25 arranged on support 21 and corresponding to the claimed fixed structure. Id. at ¶¶ 80, 89, FIG.3J.
“a cap region coupled to the fixed structure;
Dagher similarly describes arranging a cap 27 on structural layer 25. Id. at ¶¶ 69, 89, 119, 120, FIG.3J.
“a sensitive membrane in the sound collection part, the sensitive membrane being coupled to the fixed structure and having a first face facing the first chamber;
Dagher’s first zone 11 includes a membrane 131 corresponding to the claimed sensitive membrane. Id. at ¶¶ 59, 65, FIG.1. Membrane 131 faces a chamber BV. Id. at FIG.3I. Membrane 131 is further coupled to structural layer 25 by thin layer 23. Id. at ¶ 80, FIG.3I.
“a transduction chamber in the transduction part, the transduction chamber being delimited by walls of the substrate region, the fixed structure and the cap region and being hermetically closed;
Dagher describes forming a sealed transduction chamber with substrate 21, structural layer 25 and cap 27. Id. at ¶¶ 59, 68, 74, 89.
“a detection membrane in the transduction chamber, the detection membrane being between the substrate region and the fixed structure;
Dagher’s second sealed chamber includes a movable electrode 151 corresponding to the claimed detection membrane between substrate 21 and structural layer 25 since it is formed by etching layer 25. Id. at ¶¶ 63, 74, FIG.1.
“an articulated structure extending in a first direction between the sensitive membrane and the detection membrane;
Dagher describes a transmission device 14 corresponding to the claimed articulated structure. Id. at ¶ 65, FIG.1. Transmission device 14 includes arms 141, 142 that both extend along a first direction that runs between membranes 131 and 151. Id.
“at least one fixed electrode facing the detection membrane and capacitively coupled thereto; and
Dagher describes a fixed electrode facing movable electrode 151. Id. at ¶ 63.
“conductive electrical connection regions in the transduction chamber and extending in a second direction, transverse the first direction, between the substrate region and the cap region, the conductive electrical connection regions being in selective electrical contact with the articulated structure and the at least one fixed electrode,
The Dagher reference does not describe corresponding conductive electrical connection regions.
“wherein the articulated structure includes:
“a first connection arm;
“a hermetic joint in the transduction chamber, including a closure membrane formed by the first epitaxial layer and coupled to the fixed structure, the first connection arm extending between the sensitive membrane and the hermetic joint; and
“a second connection arm extending in the transduction chamber between the hermetic joint and the detection membrane, and is formed by the second epitaxial layer.”
Dagher’s transmission device 14 similarly includes a first connection arm 141 that extends from membrane 131 to a pivot hinge 16 corresponding to the claimed hermetic joint, a sealed insulation element 161 corresponding to the claimed closure membrane and formed by first epitaxial layer 23. Dagher at ¶¶ 65–68, 72, FIG.1. Transmission device 14 further includes a second connection arm 142 extending from pivot hinge 16 to second membrane 151. Id. at ¶ 65, FIG.1. Dagher does not describe forming second connection arm 142 from second epitaxial layer 25. However, Dagher teaches and thus reasonably suggests using layer 25 for forming structural elements that are otherwise not discussed in particular. Id. at ¶ 80.
Table 1
The table above shows that the Dagher reference describes a transducer that corresponds closely to the claimed acoustic transducer. The table also shows that Dagher does not anticipate the claimed conductive electrical connection regions.
The differences between the claimed invention and the Dagher reference are such that the invention as a whole would have been obvious to one of ordinary skill in the art at the time this Application was effectively filed. The Dagher reference describes an electroacoustic transducer that, like the claimed transducer, includes two isolated zones, with first zone 11 being optimized for sound collection and second zone 12 being optimized for transduction. Part of second zone 12 is a fixed electrode used to detect movement of a movable electrode 151 The Dagher reference does not address the details of the fixed electrodes.
The Joet reference, which shares at least one inventor with the Dagher reference, teaches additional details of the same type of electroacoustic transducer described by the Dagher reference. Joet at Abs., ¶¶ 1, 2, FIG.1. In particular, the Joet reference teaches forming a plurality of conductors 153c/154c, rigidifying structures 152b and vias 153d/154d respectively serve as conductive electrical connection regions to make selective electrical contact with an articulated structure (i.e., structures 152b connect with movable electrode 152a and arm 144) and fixed electrodes (i.e., vias 153d/154d and electrodes 153c/154c make contact with counter electrodes 153a and 154a), just as claimed. Id. at ¶¶ 86–93, FIGs.3, 4A, 4B, 4C. Notably, vias 153d/154d make selective contact with fixed electrodes 153a/154a at specific points. Vias 153d/154d further use those contact points to couple with movable electrode 152a through the capacitive coupling between electrode 152a and electrodes 153a/154a. Moreover, as seen in Joet at FIGs.2, 6, Joet’s arm 141 (i.e., an articulated structure) extends along an X-axis while vias 152b and 153d run transverse to the X-axis along a Y-axis and a Z-axis.
Read together, the Dagher and Joet references would have reasonably suggested embodying Dagher’s fixed electrodes and related circuitry according to the teachings of the Joet reference. Dagher does not describe the electrode structure used in its transduction membrane 151, tacitly requiring one of ordinary skill to provide a suitable technique. And Joet specifically suggests providing a transduction membrane 151 with electrodes, rigidifying structures and vias to couple at select points with two fixed electrodes 153, 154 and to couple with a movable electrode 152 located on an articulated arm. Thus, one of ordinary skill would have reasonably modified Dagher’s membrane 151 to similarly include electrodes and vias running along a Y-axis and a Z-axis, transverse to the X-axis extent of Dagher’s arm 142. The electrodes and vias would provide selective electrical connection with fixed electrodes and a movable electrode carried on Dagher’s arm 142. One of ordinary skill would have further reasonably recognized that the two references cover different aspects of a shared invention, and would reasonably expect that following the teachings of both would produce a more complete electroacoustic transducer. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 2 depends on claim 1 and further requires the following:
“wherein the substrate region is a semiconductor substrate, the fixed structure is formed by a first epitaxial layer overlying the semiconductor substrate and a second epitaxial layer overlying the first epitaxial layer, wherein the first epitaxial layer forms the sensitive membrane and the detection membrane.”
Dagher forms a substrate region with a semiconductor substrate 21, such as silicon. Dagher at ¶ 73, FIG.3J. Dagher’s structural layer is further formed of two epitaxial layers 23 and 25 from the same material on top of substrate 21. Dagher teaches and suggests forming membranes 131 and 151 from the structural layers. Id. at ¶¶ 26, 74. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 4 depends on claim 1 and further requires the following:
“wherein the hermetic joint includes a pivot element having a portion extending between the first connection arm and the closure membrane,
“the detection membrane has a first thickness in the first direction less than a second thickness in the first direction of the portion of the hermetic joint, the sensitive membrane and the closure membrane.”
Similarly, Dagher’s pivot hinge 16 includes a pivot element formed by transmission shaft 143 and blades 162. Dagher at ¶ 68, FIG.2A. Membrane 131 is also thicker than membrane 161 due to the presence of the membrane’s rigidifying structures 132. Id. at ¶ 60, FIG.3J. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 5 depends on claim 2 and further requires the following:
“wherein the at least one fixed electrode is formed by a conductive region between the substrate region and the detection membrane.”
The Joet reference similarly teaches and suggests forming at least one fixed electrode 153c, 153b, 154a, 154b between a substrate (not shown by Joet) and a detection membrane 152. See Joet at FIGs.4A, 4B, 4C; Dagher at FIG.3J (depicting relationship between substrate 21 and structural layers 23, 25 that comprise a detection membrane). For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 6 depends on claim 2 and further requires the following:
“wherein the first chamber comprises a first chamber portion and a second chamber portion, wherein the first chamber portion has a greater area than the second chamber portion and delimits the first connection arm surrounded by the substrate region.”
Dagher depicts first membrane 131 as being much larger than membrane 151 and suggests forming their surrounding cavity in a similar manner to encompass and be a set amount larger than the respective membrane. See Dagher at ¶¶ 127–129, FIGs.1, 3J (depicting membranes 131 and 151 and depicting the cavity 210 surrounding membrane 131). Dagher’s cavity 210, or first chamber, similarly delimits a first connection arm 141. See id. Any arbitrary first portion that encompasses first connection arm 141 can be visualized as being larger than an arbitrary second portion. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 7 is drawn to “a process for manufacturing an acoustic transducer.” The following table illustrates the correspondence between the claimed method and the Joet reference.
Claim 7
The Joet Reference
“7. A process for manufacturing an acoustic transducer, comprising:
The Dagher reference describes a corresponding manufacturing method for making an electroacoustic transducer. Dagher at Abs. ¶¶ 2, 58–70, FIG.1.
“forming a substrate region surrounding a first chamber in a sound collection part, the first chamber being in fluid communication with an external environment;
Dagher’s transducer similarly includes a sound collection part formed primarily by movable element 13 and a transduction part formed primarily by capacitive detection system 15. Id. Dagher’s transducer includes a frame that delimits a first zone 11 and a second zone 12. Id. The first zone 11 and second zone 12 are formed by a substrate support 21 that corresponds to the claimed substrate region. Id. at ¶¶ 73, 98, FIG.3J. Substrate support 21 surrounds movable element 13 to create a chamber (210 or BV) in fluid communication with an external environment. Id. at ¶ 97, 98, 119, 122, FIG.3J.
“forming a fixed structure coupled to the substrate region;
Dagher’s frame further includes a structural layer 25 arranged on support 21 and corresponding to the claimed fixed structure. Id. at ¶¶ 80, 89, FIG.3J.
“forming a cap region coupled to the fixed structure;
Dagher similarly describes arranging a cap 27 on structural layer 25. Id. at ¶¶ 69, 89, 119, 120, FIG.3J.
“forming a sensitive membrane in the sound collection part, the sensitive membrane being elastically coupled to the fixed structure and having a first face arranged facing the first chamber,
Dagher’s second zone 12 includes a capacitive detection system that includes a sensitive membrane coupled to second connection arms 142 formed by at least a portion of layer 25. Id. at ¶¶ 59, 65, FIG.1.
“forming a transduction chamber being hermetically closed in a transduction part, the transduction chamber being delimited by walls formed by the substrate region, the fixed structure and the cap region;
Dagher describes forming a sealed transduction chamber with substrate 21, structural layer 25 and cap 27. Id. at ¶¶ 59, 68, 74, 89.
“forming a detection membrane in the transduction chamber between the substrate region and the fixed structure;
Dagher’s second sealed chamber includes a movable electrode 151 corresponding to the claimed detection membrane between substrate 21 and structural layer 25 since it is formed by etching layer 25. Id. at ¶¶ 63, 74, FIG.1.
“forming an articulated structure extending in a first direction between the sensitive membrane and the detection membrane;
Dagher describes a transmission device 14 corresponding to the claimed articulated structure. Id. at ¶ 65, FIG.1. Transmission device 14 includes arms 141, 142 that both extend along a first direction that runs between membranes 131 and 151. Id.
“forming at least one fixed electrode facing the detection membrane and capacitively coupled thereto; and
Dagher describes a fixed electrode facing movable electrode 151. Id. at ¶ 63.
“forming conductive electrical connection regions in the transduction chamber and extending in a second direction, transverse the first direction, between the substrate region and the cap region, the conductive electrical connection regions being in selective electrical contact with the articulated structure and the at least one fixed electrode.”
The Dagher reference does not describe corresponding conductive electrical connection regions.
“wherein: forming the first epitaxial layer includes forming a hermetic joint element;
“selectively removing the semiconductor substrate includes defining a first connection arm extending between the sensitive membrane and the hermetic joint;
“removing the first sacrificial regions in the sound collection part includes freeing the hermetic joint; and
“defining the second epitaxial layer includes forming a second connection arm extending in the transduction chamber between the hermetic joint and the detection membrane,
“wherein the articulated structure includes the first connection arm, the hermetic joint and the second connection arm.”
Dagher’s transmission device 14 similarly includes a first connection arm 141 that extends from membrane 131 to a pivot hinge 16 corresponding to the claimed hermetic joint, a sealed insulation element 161 corresponding to the claimed closure membrane and formed by first epitaxial layer 23. Dagher at ¶¶ 65–68, 72, FIG.1. Transmission device 14 further includes a second connection arm 142 extending from pivot hinge 16 to second membrane 151. Id. at ¶ 65, FIG.1. Dagher does not describe forming second connection arm 142 from second epitaxial layer 25. However, Dagher teaches and thus reasonably suggests using layer 25 for forming structural elements that are otherwise not discussed in particular. Id. at ¶ 80
Table 2
The table above shows that the Dagher reference describes a transducer manufacturing method that corresponds closely to the claimed method. The table also shows that Dagher does not anticipate the claimed conductive electrical connection regions.
The differences between the claimed invention and the Dagher reference are such that the invention as a whole would have been obvious to one of ordinary skill in the art at the time this Application was effectively filed. The Dagher reference describes an electroacoustic transducer that, like the claimed transducer, includes two isolated zones, with first zone 11 being optimized for sound collection and second zone 12 being optimized for transduction. Part of second zone 12 is a fixed electrode used to detect movement of a movable electrode 151 The Dagher reference does not address the details of the fixed electrodes.
The Joet reference, which shares at least one inventor with the Dagher reference, teaches additional details of the same type of electroacoustic transducer described by the Dagher reference. Joet at Abs., ¶¶ 1, 2, FIG.1. In particular, the Joet reference teaches forming a plurality of vias 153d (i.e., electrical connections that extend between a cap and substrate in a second direction transverse to a first direction) that serve as conductive electrical connection regions to make selective electrical contact with articulated structures 153b and fixed electrodes 153a, just as claimed. Id. at ¶¶ 86–93, FIGs.3, 4A, 4B, 4C.
Read together, the Dagher and Joet references would have reasonably suggested embodying Dagher’s fixed electrodes and related circuitry according to the teachings of the Joet reference. One of ordinary skill would have reasonably recognized that the two references cover different aspects of a shared invention, and would reasonably expect that following the teachings of both would produce a more complete electroacoustic transducer. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 8 depends on claim 7 and further requires the following:
“further including: forming first sacrificial regions on a semiconductor substrate that includes the semiconductor region;
“forming a first epitaxial layer in direct contact with the semiconductor substrate, where exposed, and on the first sacrificial regions,
“wherein forming the sensitive membrane and forming the detecting membrane includes defining the first epitaxial layer to form the sensitive membrane and the detection membrane;
“forming second sacrificial regions on the first epitaxial layer;
“forming a second epitaxial layer in direct contact with the first epitaxial layer, where exposed, and on the second sacrificial regions,
“wherein forming the fixed structure includes defining the second epitaxial layer to form the fixed structure;
“removing the second sacrificial regions in the transduction part, thereby freeing the detection membrane,
“wherein forming the transduction chamber includes hermetically coupling a cap wafer to the fixed structure to form the transduction chamber;
“wherein forming the substrate region includes selectively removing the semiconductor substrate to define the first chamber;
“wherein forming the cap region includes selectively removing the cap wafer and the second epitaxial layer; and
“removing the first sacrificial regions and the second sacrificial regions in the sound collection part, thereby freeing the sensitive membrane.”
Dagher describes forming a substrate region with a semiconductor substrate 21, such as silicon. Dagher at ¶ 73, FIG.3J. Dagher’s structural layer is further formed of two epitaxial layers 23 and 25 from the same material on top of substrate 21. Dagher teaches and suggests forming membranes 131 and 151 from the structural layers. Id. at ¶¶ 26, 74. Dagher further teaches and suggests the use of the claimed steps of forming sacrificial layers, growing epitaxial layers, hermetically coupling a cap 27 to fixed structure 25 through eutectic coupling, selectively etching substrate 21 and cap 27 to form first zone 11 and etching sacrificial layers to release each membrane 131, 151. Dagher at ¶¶ 14–23, 75, 78, 80, 88, 89, 103, 110, FIGs.3A–3H. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 10 depends on claim 7 and further requires the following:
“wherein forming the hermetic joint includes forming a pivot element and a closure membrane, one of the sacrificial regions being between the closure membrane and the first connection arm, the pivot element coupled with the semiconductor substrate.”
Similarly, Dagher’s pivot hinge 16 includes a pivot element formed by transmission shaft 143 and blades 162. Dagher at ¶ 68, FIG.2A. Membrane 131 is also thicker than membrane 161 due to the presence of the membrane’s rigidifying structures 132. Id. at ¶ 60, FIG.3J. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 11 depends on claim 7 and further requires the following:
“wherein selectively removing the semiconductor substrate includes etching the semiconductor substrate to form a first chamber portion and a second chamber portion, wherein etching defines the first connection arm, wherein the first chamber portion has greater area than the second chamber portion.”
Dagher depicts first membrane 131 as being much larger than membrane 151 and suggests forming their surrounding cavity in a similar manner to encompass and be a set amount larger than the respective membrane. See Dagher at ¶¶ 127–129, FIGs.1, 3J (depicting membranes 131 and 151 and depicting the cavity 210 surrounding membrane 131). Dagher’s cavity 210, or first chamber, similarly delimits a first connection arm 141. See id. Any arbitrary first portion that encompasses first connection arm 141 can be visualized as being larger than an arbitrary second portion. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 12 depends on claim 7 and further requires the following:
“wherein forming conductive electrical connection regions includes: forming an insulating region on the semiconductor substrate; and forming an electrically conductive layer on the insulating region.”
Claim 13 depends on claim 12 and further requires the following:
“wherein the electrically conductive layer includes doped polycrystalline silicon.”
Claims 12 and 13 are treated together. The combination of Dagher and Joet describe forming fixed electrodes on the substrate 21 of a frame, but do not address the details of how to fabricate fixed electrodes on a substrate or the materials to use. The Sakurauchi reference provides one suitable technique that involves patterning an insulator 11 on a substrate 10 and then depositing an electrode 12, made of polycrystalline silicon, on the insulator. Sakurauchi at ¶ 64, FIG.4B. This would have reasonably suggested forming the Dagher-Joet fixed electrodes in a similar manner. For the foregoing reasons, the combination of the Dagher, the Joet and the Sakurauchi references makes obvious all limitations of the claim.
Claim 14 depends on claim 7 and further requires the following:
“wherein forming conductive electrical connection regions includes forming a second fixed electrode.”
The Joet reference teaches and suggests forming two fixed electrodes to provide a differential pair. Joet at ¶¶ 86–87, FIGs.4A, 4B, 4C. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 15 depends on claim 8 and further requires the following:
“wherein defining the second epitaxial layer comprises forming a second fixed electrode.”
The Joet reference teaches and suggests forming two fixed electrodes to provide a differential pair. Joet at ¶¶ 86–87, FIGs.4A, 4B, 4C. One of those electrodes includes an upper electrode 153a, 154a formed in the epitaxial layers rather than on the bulk substrate. See id. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 16 is drawn to “a device.” The following table illustrates the correspondence between the claimed device and the Joet reference.
Claim 16
The Joet Reference
“16. A device, comprising:
The Dagher reference describes a corresponding electroacoustic transducer. Dagher at Abs. ¶¶ 2, 58–70, FIG.1.
“a first semiconductor die;
“a second semiconductor die having a first surface coupled to a first surface of the first semiconductor die;
Dagher’s transducer is formed from two dies of silicon, the first being substrate 21 and the second being cap 27. The cap 27 is coupled to substrate 21 via structural elements 23, 25.
“a first open chamber extending through the first semiconductor die and the second semiconductor die, the first open chamber being in fluid communication with an external environment;
Dagher’s transducer includes open chamber 11/210 extending through substrate 21 and cap 27. Id. at ¶¶ 61, 97, FIG.3J.
“a second sealed chamber between the first semiconductor die and the second semiconductor die;
Dagher’s transducer includes a second zone 12, or sealed chamber, between substrate 21 and cap 27. Id. at ¶ 89, FIG.1.
“a movable electrode in the second sealed chamber; and
Dagher’s transducer includes movable electrode 151 in chamber 12. Id. at ¶ 63, FIG.1.
“a sensitive membrane extending in the first open chamber and coupled to the moveable electrode.”
Dagher’s transducer includes membrane 131 in first zone 11 and coupled to movable electrode 151 by transmission device 14. Id. at ¶¶ 61–65, FIG.1.
“an articulated structure extending in a first direction and coupling the movable electrode with the sensitive membrane; and
Dagher describes a transmission device 14 corresponding to the claimed articulated structure. Id. at ¶ 65, FIG.1. Transmission device 14 includes arms 141, 142 that both extend along a first direction that runs between membranes 131 and 151. Id.
“conductive electrical connection regions in the transduction chamber and extending in a second direction, transverse the first direction, between the substrate region and the cap region, the conductive electrical connection regions being in selective electrical contact with the articulated structure and a fixed electrode,
The Dagher reference does not describe corresponding conductive electrical connection regions.
“wherein the articulated structure comprises:
“a first connection arm having a first end coupled to the sensitive membrane;
“a hinge element coupled to a second end of the first connection arm; and
“a second connection having a first end coupled to the hinge element, the movable electrode coupled to a second end of the second connection arm, the second connection arm being in the second sealed chamber.”
Dagher’s transmission device 14 similarly includes a first connection arm 141 that extends from membrane 131 to a pivot hinge 16 corresponding to the claimed hermetic joint, a sealed insulation element 161 corresponding to the claimed closure membrane and formed by first epitaxial layer 23. Dagher at ¶¶ 65–68, 72, FIG.1. Transmission device 14 further includes a second connection arm 142 extending from pivot hinge 16 to second membrane 151. Id. at ¶ 65, FIG.1.
Table 3
The table above shows that the Dagher reference describes a transducer that corresponds closely to the claimed device. The table also shows that Dagher does not anticipate the claimed conductive electrical connection regions.
The differences between the claimed invention and the Dagher reference are such that the invention as a whole would have been obvious to one of ordinary skill in the art at the time this Application was effectively filed. The Dagher reference describes an electroacoustic transducer that, like the claimed transducer, includes two isolated zones, with first zone 11 being optimized for sound collection and second zone 12 being optimized for transduction. Part of second zone 12 is a fixed electrode used to detect movement of a movable electrode 151 The Dagher reference does not address the details of the fixed electrodes.
The Joet reference, which shares at least one inventor with the Dagher reference, teaches additional details of the same type of electroacoustic transducer described by the Dagher reference. Joet at Abs., ¶¶ 1, 2, FIG.1. In particular, the Joet reference teaches forming a plurality of conductors 153c/154c, rigidifying structures 152b and vias 153d/154d respectively serve as conductive electrical connection regions to make selective electrical contact with an articulated structure (i.e., structures 152b connect with movable electrode 152a and arm 144) and fixed electrodes (i.e., vias 153d/154d and electrodes 153c/154c make contact with counter electrodes 153a and 154a), just as claimed. Id. at ¶¶ 86–93, FIGs.3, 4A, 4B, 4C. Notably, vias 153d/154d make selective contact with fixed electrodes 153a/154a at specific points. Vias 153d/154d further use those contact points to couple with movable electrode 152a through the capacitive coupling between electrode 152a and electrodes 153a/154a. Moreover, as seen in Joet at FIGs.2, 6, Joet’s arm 141 (i.e., an articulated structure) extends along an X-axis while vias 152b and 153d run transverse to the X-axis along a Y-axis and a Z-axis.
Read together, the Dagher and Joet references would have reasonably suggested embodying Dagher’s fixed electrodes and related circuitry according to the teachings of the Joet reference. Dagher does not describe the electrode structure used in its transduction membrane 151, tacitly requiring one of ordinary skill to provide a suitable technique. And Joet specifically suggests providing a transduction membrane 151 with electrodes, rigidifying structures and vias to couple at select points with two fixed electrodes 153, 154 and to couple with a movable electrode 152 located on an articulated arm. Thus, one of ordinary skill would have reasonably modified Dagher’s membrane 151 to similarly include electrodes and vias running along a Y-axis and a Z-axis, transverse to the X-axis extent of Dagher’s arm 142. The electrodes and vias would provide selective electrical connection with fixed electrodes and a movable electrode carried on Dagher’s arm 142. One of ordinary skill would have further reasonably recognized that the two references cover different aspects of a shared invention, and would reasonably expect that following the teachings of both would produce a more complete electroacoustic transducer. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Claim 18 depends on claim 16 and further requires the following:
“wherein the first semiconductor die has a protrusion between the first surface and a second opposite surface, the protrusion delimiting a recess in the first semiconductor die, the protrusion having a first surface transverse to the first surface of the first semiconductor die.”
Dagher describes forming rigidifying structures 132, of protrusions, as claimed. Dagher at ¶¶ 60, 70, FIG.3J. For the foregoing reasons, the Dagher reference anticipates all limitations of the claim.
Claim 19 depends on claim 16 and further requires the following:
“comprising a fixed structure between the first semiconductor die and the second semiconductor die, the fixed structure delimiting the second sealed chamber.”
Dagher similarly seals second zone 12 with a structural element formed by epitaxial layers 23, 25 between substrate 21 and cap 27. Dagher at ¶¶ 69, 89, 119, FIG.3J. For the foregoing reasons, the Dagher reference anticipates all limitations of the claim.
Claim 20 depends on claim 16 and further requires the following:
“comprising a getter region on the first surface of the second semiconductor die, the getter region being in the second sealed chamber.”
The Dagher II reference teaches and suggests adding a getter to a sealed cavity—one of ordinary skill would have understood that the getter would virtually enlarge the size of the sealed cavity, increasing compliance and linearity of operation. Accordingly, it would have been obvious to add a getter to Dagher’s second zone 12. For the foregoing reasons, the combination of the Dagher and Dagher II references makes obvious all limitations of the claim.
Claim 21 depends on claim 16 and further requires the following:
“wherein the first open chamber comprises a first chamber portion and a second chamber portion, wherein the first chamber portion has a greater area than the second chamber portion and delimits the first connection arm.”
Dagher depicts first membrane 131 as being much larger than membrane 151 and suggests forming their surrounding cavity in a similar manner to encompass and be a set amount larger than the respective membrane. See Dagher at ¶¶ 127–129, FIGs.1, 3J (depicting membranes 131 and 151 and depicting the cavity 210 surrounding membrane 131). Dagher’s cavity 210, or first chamber, similarly delimits a first connection arm 141. See id. Any arbitrary first portion that encompasses first connection arm 141 can be visualized as being larger than an arbitrary second portion. For the foregoing reasons, the combination of the Dagher and the Joet references makes obvious all limitations of the claim.
Summary
Claims 1, 2, 4–8, 10–16 and 18–21 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
Allowable Subject matter
Claims 22 and 23 are objected to for reciting allowable subject matter while depending on a rejected base claim. The claims would be allowable if rewritten in independent form including all limitations of their base claim and any and all intervening claims.
Claim 22 depends on claim 16 and further requires the following:
“wherein the second sealed chamber is surrounded by an adhesive ring region.”
Claim 23 depends on claim 1 and further requires the following:
“wherein the cap region is coupled to the fixed structure through an adhesive ring region that surrounds the transduction chamber.”
The use of an adhesive ring in the particular arrangement as claimed is not fairly taught or suggested by the cited prior art. For the foregoing reasons, the claims contain allowable subject matter.
Response to applicant’s Arguments
Applicant comments that Joet does not teach or suggest vias that extend in a second direction transverse to a first direction. The rejection has been updated to clarify this aspect of the rejection. Joet depicts an electrode 153c and a set of vias 153d that extend along a Y-axis and a Z-axis, transverse to the X-axis along which Joet’s arm 141 runs. Joet at FIGs.2; 4B, 6.
Applicant comments that Joet does not teach or suggest that the vias are in selective electrical contact with an articulated structure and at least one fixed electrode. Joet’s vias 153d/154d and electrodes 153c/154c are depicted as being positioned to make selective contact (i.e., contacts are spaced apart and not covering an entire interface between) with electrodes 153b and 154b, which correspond respectively to the claimed fixed electrode. Joet at FIGs.4A, 4B, 6. The vias are in selective contact with moving electrode 152a due to their connection to electrodes 153c/154c and the capacitive coupling between electrodes 153c/154c and moving electrode 152a. Additionally, Joet’s rigidifying structures 152b are in selective electrical contact with moving electrode 152a, which is part of the articulating structure formed primarily by arm 144. Id.
Applicant comments that the Non-Final rejection equated Dagher’s membrane 151 with both the claimed sensitive membrane and detection membrane. Table 2 indeed draws a correspondence between membrane 151 and both the claimed sensitive membrane and the detection membrane. This is an obvious misstatement. The rejection of claim 1 draws a correspondence between Dagher’s first zone 11 and the claimed sound collection part and a correspondence between the second zone 12 and the claimed transduction part. First zone 11 includes element 13 formed in part by diaphragm 131 while second zone 12 includes element 15 formed in part by diaphragm 151. Based on this correspondence and the other rejections that overtly equate element diaphragm 131 with the claimed sensitive membrane (see, e.g., claims 2, 3, 6), it is apparent the actual correspondence is between diaphragm 131 and the claimed sensitive membrane and between diaphragm 151 and the claimed detection membrane. This is also apparent by comparing Dagher’s FIG.1, cited throughout the Office action, with Applicant’s FIG.4.
Applicant comments that the proposed combination of Dagher and Joet is non-obvious because the references teach away from the combination. Applicant cites a portion of Joet that purportedly teaches eliminating a portion of Dagher’s arms 141, 142. This does not rise to the level of a teaching away, however, because the combination is in regards to electrode structure, not arm structure. Moreover, there is no objective evidence or reasoning on the record concerning why one of ordinary skill could not make the modification suggested in Joet to Dagher without also producing a device within the scope of the claims.
Applicant comments that Dagher does not describe a first chamber having a first chamber portion that is larger than a second chamber portion. However, any arbitrary first portion that encompasses first connection arm 141 can be visualized as being larger than an arbitrary second portion.
For the foregoing reasons, Applicant has not persuasively established any error in the rejections presented herein. All the rejections will be maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 C.F.R. § 1.17(a)) pursuant to 37 C.F.R. § 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER F BRINEY III whose telephone number is (571)272-7513. The examiner can normally be reached M-F 8 am-4:30 pm.
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/Walter F Briney III/
Walter F Briney IIIPrimary ExaminerArt Unit 2692
3/6/2026