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 .
Claim Rejections - 35 USC § 101
The rejection of claim 20 under 35 U.S.C. 101, set forth in the Office Action mailed 01/16/26, is hereby withdrawn due to amendments made by the Applicant.
Claim Rejections - 35 USC § 112
The rejection of claims 15, 16, and 20 under 35 U.S.C. 112(b), set forth in the Office Action mailed 01/16/26, is hereby withdrawn due to amendments made by the Applicant.
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 1-3, 15, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakatsuka et al. (US 2009/0014295; “Nakatsuka”; reference of record).
Regarding claim 1, Nakatsuka teaches a resonator (figures 9-10) comprising:
a substrate (201);
a first electrode (electrode 205 on one side of structural element 208) and a second electrode (electrode 205 on the other side of structural element 208) disposed on the substrate (201) at a first interval (see spacing between electrodes 205 in figure 9A);
a plurality of arrangement electrodes (205, 207) disposed on the substrate (see figure 10B), including the first electrode (electrode 205 on one side of structural element 208) and the second electrode (electrode 205 on the other side of structural element 208), and changing included electrodes based on a state (Figure 9C shows the electrode 207 off the substrate and Figure 10B shows the electrode 207 on the substrate);
an actuator (beam 206 constitutes an actuating portion; first sentence in para. [0132]) configured to adjust an interval between the plurality of arrangement electrodes (The interval is adjusted by bringing the electrode 207 toward the substrate 201. “When an electric field is applied between the first beam 206 and the actuating electrode 205, the first beam 206 is displaced by virtue of electrostatic force produced as a result of the application of the electric field. As this occurs, by the displacement of the first beam 206 as shown in FIG. 10A, the second beam 207 constituting the contact portion can be displaced downwards. Since the second beam 207 is displaced so as to contact with the wiring electrode 203, the electromechanical switch is turned in an on state (FIG. 10B).” Para. [0135]); and
a third electrode (207) driven by the actuator and located between the first electrode (electrode 205 on one side of structural element 208) and the second electrode (electrode 205 on the other side of structural element 208),
wherein, in a first state (see figure 9C), the third electrode (207) is higher than the first electrode (electrode 205 on one side of structural element 208) and the second electrode (electrode 205 on one side of structural element 208) based on an upper surface of the substrate (201), and the plurality of arrangement electrodes include the first electrode (electrode 205 on one side of structural element 208) and the second electrode (electrode 205 on one side of structural element 208) spaced apart from each other at the first interval (See the distance between first and second electrodes in figure 9A),
in a second state (see figure 10B), the third electrode (207) is moved toward the substrate (201) by the actuator to be disposed between the first electrode (electrode 205 on one side of structural element 208) and the second electrode (electrode 205 on the other side of structural element 208) on the substrate (201), and the first electrode, the second electrode, and the third electrode are spaced apart from one another at a second interval (The second interval is the spacing between an electrode 205 and the electrode 207 that is formed between the two electrodes 205.) less than the first interval (When actuation occurs, as described above in the passage from para. [0135], the electrode 207 is moved toward the substrate to be placed between the first and second electrodes 205.), and
the plurality of arrangement electrodes (205, 207) include the first electrode (electrode 205 on one side of structural element 208), the second electrode (electrode 205 on the other side of structural element 208), and the third electrode (207).
Regarding claim 2, Nakatsuka teaches wherein, in the first state, a first resonance frequency of the resonator is determined based on the interval between the plurality of arrangement electrodes being the first interval, in the second state, a second resonance frequency of the resonator is determined based on the interval between the plurality of arrangement electrodes being the second interval, and the second resonance frequency is higher than the first resonance frequency (Due to the structural and functional similarities between claim 1 of the instant application and figures 9-10 of Nakatsuka, frequency modes in the instant application and Nakatsuka will also be the same.).
As for claim 3, Nakatsuka (See embodiment in figure 12) teaches wherein the third electrode (317a) is located on one side of the second electrode (315b),
the resonator further includes a fourth electrode (317b) driven by the actuator and located on another side of the second electrode (315b),
in the first state (Before actuation. Similar to figure 9C), the fourth electrode is higher than the first electrode and the second electrode based on the upper surface of the substrate,
in the second state (After actuation. Similar to figure 10B), the fourth electrode is moved toward the substrate by the actuator to be disposed on another side of the second electrode on the substrate, and the second electrode and the fourth electrode, which are adjacent to each other, are spaced apart from each other at the second interval, and
the plurality of arrangement electrodes include the first electrode, the second electrode, the third electrode, and the fourth electrode (Electrodes 315 and 317 in figure 12).
Regarding claim 15, Nakatsuka (figures 9-10) teaches a resonator drive method comprising:
driving a third electrode (207) that is higher (see figure 9A) than a first electrode (electrode 205 on one side of structural element 208) and a second electrode (electrode 205 on the other side of structural element 208) based on an upper surface of a substrate (201), which are spaced apart from each other at a first interval on the substrate (see spacing between electrodes 205 in figure 9A), to descend toward the substrate (see figure 10B); and
arranging the third electrode (207) between the first electrode (electrode 205 on one side of structural element 208) and the second electrode (electrode 205 on the other side of structural element 208) to be in contact with the upper surface of the substrate (201) and arranging the first electrode, the second electrode, and the third electrode to be spaced apart from one another at a second interval (The second interval is the spacing between an electrode 205 and the electrode 207 that is formed between the two electrodes 205.. When actuation occurs, as described below in the passage from para. [0135], the electrode 207 is moved toward the substrate to be placed between the first and second electrodes 205. (“When an electric field is applied between the first beam 206 and the actuating electrode 205, the first beam 206 is displaced by virtue of electrostatic force produced as a result of the application of the electric field. As this occurs, by the displacement of the first beam 206 as shown in FIG. 10A, the second beam 207 constituting the contact portion can be displaced downwards. Since the second beam 207 is displaced so as to contact with the wiring electrode 203, the electromechanical switch is turned in an on state (FIG. 10B).”),
wherein the second interval is less than the first interval (The second interval is half the first interval).
As for claim 16, Nakatsuka (See embodiment in figure 12) teaches arranging the third electrode (317a) on one side of the second electrode (315b); and
arranging a fourth electrode (317b) to be higher (Before actuation) than the first electrode (315a) and the second electrode (315b) based on the upper surface of the substrate (311) and to be parallel to the third electrode (317a) and to be on another side of the second electrode (315b) on the substrate (311) so as to be in contact with the upper surface of the substrate (311),
wherein the first electrode (315a), the second electrode (315b), the third electrode (317a), and the fourth electrode (317b) are disposed to be spaced apart from one another at the second interval (spacing between electrodes 315/317).
Regarding claim 20, Nakatsuka teaches a computer program product comprising a non-transitory, computer readable storage medium having executable instructions stored thereon, wherein when executed by a computer processor, the instructions cause the computer processor to execute the method as claimed in claim 15 (The method of Nakatsuka is performed with the processor of a mobile phone. Para. [0186]).
Response to Arguments
Applicant's arguments filed 02/23/26 have been fully considered but they are not persuasive.
Regarding Applicant’s comments directed to the rejection of claims 1-3, 15, 16, and 20 under 35 U.S.C. 102(a)(1) as being anticipated by Nakatsuka, Applicant argues:
Argument #1: “With respect to 35 U.S.C. § 102, Applicant respectfully disagrees with Examiner's final conclusions. With respect to Claim 1, Nakatsuka discloses a second beam 207, and it is clear that this is not an electrode based on the disclosures in paragraphs 0132 and 0135 of Nakatsuka. In Nakatsuka, the electrodes are the wiring electrode 203 and the actuating electrode 205 on the substrate, and throughout the application Nakatsuka clearly distinguishes the second beam 207 from the electrodes (203, 205) (see paragraphs 0132 and 0135). More specifically, referring to paragraph 0132 of Nakatsuka, the second beam 207 corresponds to a component that turns on the switch by contacting the wiring electrode 203. The second beam 207 merely changes the electrical conduction state.” See pages 8-9 of Applicant’s remarks.
Response to Argument #1: As the Applicant points out, paragraphs [0132] and [0135] describe the function of element 207. Specifically, paragraph [0132] states “The second beam 207 is electrically connected with a wiring electrode 203 formed on the substrate 201, whereby switching is implemented.” and paragraph [0135] states “Since the second beam 207 is displaced so as to contact with the wiring electrode 203, the electromechanical switch is turned in an on state (FIG. 10B).”
The electromechanical switch of Nakatsuka becomes conductive when elements 203 and 207 come in contact with each other to form an electrical connection. For an electrical connection to form between elements 203 and 207, the electrode 203 needs to come in contact with another electrically conductive material (i.e. an electrode), which in this case is electrode 207.
Argument #2: “With respect to Claim 2, Nakatsuka does not disclose that the distance and the number of electrodes change according to a change in the switch state. Furthermore, it is obvious to a person of ordinary skill in the art that the resonance frequency is not changed merely by the on/off state of the switch, but is quantitatively determined by factors such as the number of electrodes and the distance between electrodes. Therefore, claim 2 is not disclosed in Nakatsuka.” See page 10 of Applicant’s remarks.
Response to Argument #2: The resonance frequency of the instant invention is adjusted by changing a distance between electrodes. As seen in figures 9 and 10 of Nakatsuka, a distance between the electrodes is changed by displacing the electrodes down toward the substrate 201. This changed distance will similarly affect the resonant frequency.
Allowable Subject Matter
Claims 4 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The best prior art reference of record, Nakatsuka, fails to teach:
“wherein, in the second state, the first electrode, the second electrode, the third electrode, and the fourth electrode are in direct contact with the upper surface of the substrate.”, as set forth in claim 4; and
“wherein, in the second state, the first electrode, the second electrode, and the third electrode are in direct contact with the upper surface of the substrate.”, as set forth in claim 5.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 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 CFR 1.17(a)) pursuant to 37 CFR 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 LEVI GANNON whose telephone number is (571)272-7971. The examiner can normally be reached 7:00AM-4:30PM.
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/LEVI GANNON/Primary Examiner, Art Unit 2849 March 3, 2026