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 Objections
Claims 2, 8, 10-11, 16, and 28-29 objected to because of the following informalities:
“the movable element” recited in claims 2, 8, 10-11, 16 and 28 should be corrected to “the at least one moveable element” because line 4 of claim 1 recites “at least one moveable element”
“configuring an MEMS in accordance with claim 1” recited in line 1 of claims 28 and 29 should be corrected to “configuring the MEMS in accordance with claim 1”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5, 7-8, 10-13, 15-19, 22, 24-26, and 28-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schenk (EP 3878801 A1, hereinafter “Schenk”).
Regarding claim 1, Schenk teaches a substrate; (see [0032]-[0036]: substrate)
a cavity arranged in the substrate; (cavity 16)
at least one movable element arranged in the cavity, configured to interact with a fluid arranged in the cavity, wherein a movement of the fluid and a movement of the movable element are causally related; (see claim 1, [0035]-[0036]: element 22 is movable and interacts in fluid in cavity 16, volume flow 12)
a first opening which connects the cavity to an environment of the substrate and which causes a first phase offset of a first periodic oscillation which is causally related to the movement of the movable element when passing through the first opening; (see [0032]-[0036], [0174]: one or more openings 26a-26d, pressure wave, oscillations or periodic oscillations generated in fluid generates phase shift or phase offset. Movement of moving element 22 creates periodic oscillation in cavity. Different sides of moving element 22 can be understood as phase-different sides of radiating moving element.)
a second opening which connects the cavity to the environment of the substrate and which causes a second phase offset, different from the first phase offset, of a second periodic oscillation which is causally related to the movement of the movable element when passing through the second opening. (see [0035]-[0036]: one or more openings 26a-26d, oscillations or periodic oscillations generated in fluid generates phase shift or phase offset. Movement of moving element 22 creates periodic oscillation in cavity. Different sides of moving element 22 can be understood as phase-different sides of radiating moving element.)
Regarding claim 2, Schenk teaches the movable element is arranged to be movable in-plane in a plane in parallel to a substrate plane of the substrate. (see [0035]-[0036]: element 22 performs during the deformation can be understood as in-plane (in-plane) with respect to the substrate 14)
Regarding claim 3, Schenk teaches the first phase offset and the second phase offset based on a thermoviscous effect. (see [0198], [0207]: the thermoviscous effect is an inherent characteristic of a MEMS microphone due to the thermomechanical structure which effects the acoustic performance of a MEMS in areas such as frequency response and phase offset )
Regarding claim 4, Schenk teaches the first opening differs from the second opening in at least one among:
an opening cross-section of the opening;
a shape of the opening cross-section along a direction through the substrate; and
a depth in the substrate;
to generate a mutually different phase offset. (see [0058]: openings 26a and 26b may have variable cross section, dimension , etc.)
5. The MEMS in accordance with claim 1, wherein the first opening and the second opening are configured to output the first periodic oscillation with the first phase offset and the second periodic oscillation with the second phase offset into a common volume in which the first periodic oscillation and the second periodic oscillation superimpose each other. (see [0039]-[0048]: the first and second oscillations are transferred into a common volume or ambient volume)
Regarding claim 7, Schenk teaches the first opening and the second opening are arranged on a same side of the substrate. (see fig. 2a: openings 26 located on same side of substrate)
Regarding claim 8, Schenk teaches the movable element comprises a first side and an opposite second side, wherein the movable element is configured to produce the first periodic oscillation with a displacement of the fluid by the first side, associated with the movement of the movable element, and to move the fluid through the first opening; and to produce the second periodic oscillation with a displacement of the fluid by the second side, associated with the movement of the movable element, and to move the fluid through the second opening. (see [0029], [0035]-[0036]: oscillations or periodic oscillations generated in fluid generates phase shift or phase offset, movement of moving element 22 creates periodic oscillation in cavity, different sides of moving element 22 can be understood as phase-different sides of radiating moving element, leads to a movement, displacement, compression or decompression of the fluid)
Regarding claim 10, Schenk teaches the first phase offset comprises a first correlation to the movement of the movable element; and the second phase offset comprises a second correlation to the movement of the movable element; wherein the first phase offset and the second phase offset comprise a mutual relation to output the first periodic oscillation with the first phase offset and the second periodic oscillation with the second phase offset to the environment with phase matching within a tolerance range. (see [0030]-[0038], [0174], fig. 1, 2a: a relationship of the first phase offset with the second phase offset and the release of the first and second periodic oscillations into the environment with a phase matching within a tolerance range (first alternative) or with a directional characteristic obtained by a superposition of the first and second oscillations (second alternative) are inherently given in a MEMS structure which has the same characteristics)
Regarding claim 11, Schenk teaches the first phase offset comprises a first correlation to the movement of the movable element; and the second phase offset comprises a second correlation to the movement of the movable element; wherein the first phase offset and the second phase offset comprise a mutual relation to output the first periodic oscillation with the first phase offset and the second periodic oscillation with the second phase offset to the environment with a directional characteristic acquired by superpositioning the first periodic oscillation and the second periodic oscillation. (see [0030]-[0038], [0174], fig. 1, 2a: a relationship of the first phase offset with the second phase offset and the release of the first and second periodic oscillations into the environment with a phase matching within a tolerance range (first alternative) or with a directional characteristic obtained by a superposition of the first and second oscillations (second alternative) are inherently given in a MEMS structure which has the same characteristics)
Regarding claim 11, Schenk teaches the directional characteristic is arranged obliquely relative to a surface normal of the substrate and a direction of the first opening and/or the second opening. (see [0035]-[0038], [0133]: directional characteristic is perpendicular to the surface and a direction of the first and second opening)
Regarding claim 13, Schenk teaches a phase matcher configured to receive a drive signal and to adjust the first phase offset and/or the second phase offset based on the control signal. (see [0029], [0067]: deformable element caused by electrical drive signal which will inherently follow by adjusting the first and/or second phase offset based on a control signal.)
Regarding claim 15, Schenk teaches the first periodic oscillation comprises a first sound wave, a first ultrasonic wave and/or a first acoustic wave; and/or wherein the second periodic oscillation comprises a second sound wave, a second ultrasonic wave and/or a second acoustic wave. (see [0023], [0224]: volume flow can be acoustic sound wave or an ultrasonic wave…)
Regarding claim 16, Schenk teaches the movable element is configured to generate, with the movement, the first periodic oscillation and the second periodic oscillation at different phases. (see [0035]-[0036]: oscillations or periodic oscillations generated in fluid generates phase shift or phase offset. Movement of moving element 22 creates periodic oscillation in cavity. Different sides of moving element 22 can be understood as phase-different sides of radiating moving element.)
Regarding claim 17, Schenk teaches an array comprising a plurality of MEMS in accordance with claim 1. (see [0227]: a plurality of MEMS transducers can also be arranged)
Regarding claim 18, Schenk teaches configured to emit the first phase-offset periodic oscillations with a common directional characteristic and/or to emit the second phase-offset periodic oscillations with a common directional characteristic. (see [0035]-[0036]: oscillations or periodic oscillations generated in fluid generates phase shift or phase offset. Movement of moving element 22 creates periodic oscillation in cavity. Different sides of moving element 22 can be understood as phase-different sides of radiating moving element.)
19. The array in accordance with claim 18, configured to emit the first phase-offset periodic oscillations with a common directional characteristic, which is arranged obliquely relative to a surface normal of the substrate and a direction of the first openings of the plurality of MEMS, and wherein the first openings of the plurality of MEMS are implemented for a mutually different phase offset; and/or configured to emit the second phase-offset periodic oscillations with a common directional characteristic, which is arranged obliquely relative to a surface normal of the substrate and a direction of the second openings of the plurality of MEMS, and wherein the second openings of the plurality of MEMS are implemented for a mutually different phase offset. (see [0058]: openings 26a and 26b may have variable cross section, dimension, … for mutually different phase offsets, [0035]-[0038], [0133]: directional characteristic is perpendicular to the surface and a direction of the first and second opening)
Regarding claim 22, Schenk teaches a controller configured to provide a drive signal; and a phase matcher configured to receive the drive signal and to adjust at least a first phase offset of at least one of the first openings and/or at least a second phase offset of at least one of the second openings based on the drive signal. (see [0029], [0067]: deformable element caused by electrical drive signal which will inherently follow by adjusting the first and/or second phase offset based on a control signal.)
24. The array in accordance with claim 22, wherein the controller is configured to control the phase matcher based on the drive signal, to generate, for superpositioning of the phase-offset first periodic oscillations and/or for superpositioning of the phase-offset second periodic oscillations, at least one among:
a change in a lobe of a directional characteristic of superpositioning;
a compensation for broad-band phase matching
a modulation of a signal onto a frequency of the first and/or second phase-offset periodic oscillations. (see [0172]: modulated low-frequency of the first and/or second phase-offset periodic oscillations.)
Regarding claim 25, Schenk teaches the first opening and the second opening of the MEMS are connected to the same fluidic volume. (see [0053]: volume of fluid are connected equally in cavity, inherently includes the first and second openings)
Regarding claim 26, Schenk teaches the MEMS is configured to be a loudspeaker and is configured not to comprise a back volume. (see [0001]-[0002][0030]-[0036]: same fluidic volume in first and second openings is designed to inherently not comprise back volume)
Regarding claim 28 and 29, the claimed limitations are a method claim directly corresponding to claim 1; therefore, is rejected for the significant similar reasons as claim 1 as discussed above.
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.
Claim(s) 6, 9, 14, 20-21, 23, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schenk (EP 3878801 A1, hereinafter “Schenk”).
Regarding claim 6, Schenk does not explicitly teach superpositioning of the first periodic oscillation and the second periodic oscillation is free from acoustic short-circuiting.
However, official notice is taken that taking preventive measures to in anticipation of the risk of acoustic short circuiting is notoriously well-known in the art. Thus, it would have been obvious to a person skilled in the art to ensure that superpositioning of the first and second periodic oscillation is free from acoustic short circuiting.
Regarding claim 9, Schenk does not explicitly teach a sound guiding through the first opening by the first side is different from sound guiding through the second opening by the second side, based on the first phase offset and the second phase offset.
However, official notice is taken that it is notoriously well known in the art to apply a different sound guiding through each opening based on the mutually different phase offsets, thereby avoiding acoustic short circuiting. Thus, it would have been obvious to a person skilled in the art to apply a different sound guiding through the two openings based on the mutually different phase offsets.
Regarding claim 14, Schenk does not explicitly teach the phase matcher is configured to change a size of the first opening to adjust the first phase offset; and/or to change a size of the second opening to adjust the second phase offset.
However, it would have been obvious that the designer/a person of ordinary skill could have chosen such arrangement for changing the size of the first and/or second opening to change the first and/or second phase offset based on the users' needs/preferences and no unexpected result is produced.
Regarding claim 20, Schenk does not explicitly teach the plurality of first openings provide a respective phase offset of the first periodic oscillations and superpositioning of the phase-offset first periodic oscillations is directed to a common first focus region; and/or wherein the plurality of second openings provide a respective phase offset of the second periodic oscillations and superpositioning of phase-offset second periodic oscillations is directed to a common second focus region.
However, it would have been obvious that the designer/a person of ordinary skill could have chosen such arrangement for a common first and second focus region based on the users' needs/preferences and no unexpected result is produced.
Regarding claim 21, Schenk does not explicitly teach the first focus region and the second focus region are spatially adjacent or overlapping.
However, it would have been obvious that the designer/a person of ordinary skill could have chosen such arrangement for a common first and second focus region based on the users' needs/preferences and no unexpected result is produced.
Regarding claim 23, Schenk does not explicitly teach the controller is configured to control the phase offset of the at least one of the second openings irrespective of a phase offset of the at least one of the first openings and/or to control the phase offset of the at least one of the first openings irrespective of a phase offset of the at least one of the second openings.
However, official notice is taken that it is notoriously well-known in the art that in order to adjust the phase offsets irrespective of one phase offset to another, and therefore it would have been obvious to a person of ordinary skill to have included a controller that controls the phase offsets irrespective of another since it is just one of the many well-known to adjust phase offsets.
Regarding claim 27, Schenk does not explicitly teach superpositioning of the first periodic oscillation and the second periodic oscillation in a common volume, wherein superpositioning is free from any acoustic short-circuiting.
However, official notice is taken that taking preventive measures to in anticipation of the risk of acoustic short circuiting is notoriously well-known in the art. Thus, it would have been obvious to a person skilled in the art to ensure that superpositioning of the first and second periodic oscillation is free from acoustic short circuiting.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNABELLE KANG whose telephone number is (571)270-3403. The examiner can normally be reached Monday-Thursday 8:00-5:00.
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/ANNABELLE KANG/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695