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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 9-11, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the first direction". There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner interprets this term as “a first direction”.
Claim 4 recites “the one or more layers of the layered system”. However, claim 1, on which this claim depends, recites “a layered system comprising a plurality of layers”. Therefore, it is unclear whether the scope of this limitation includes embodiments where the layered system comprises one layer. For the purpose of examination, the examiner interprets the claim as reciting “the plurality of layers of the layered system”.
Additionally, claim 4 recites “the one or more layers of the lid” and “the one or more layers of the one or more actuators”. However, there is insufficient antecedent basis for either the lid or the one or more actuators comprising one or more layers. For the purpose of examination, the examiner interprets the claim as reciting “
Claim 9 recites the limitation "the cover". It is unclear whether this term refers to “the lid” of claim 1 or a separate “cover” element for which there is insufficient antecedent basis. For the purpose of examination, the examiner interprets this term as referring to “the lid” of claim 1, on which this claim depends.
Claim 10 recites the limitation "the gap". There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner interprets this term as “a gap”.
Claim 11 recites “the acoustic pressure”. It is unclear whether this term is referring to “the sound pressure” of claim 1 or a separate “acoustic” pressure for which there is insufficient antecedent basis. For the purpose of examination, the examiner interprets this term as referring to “the sound pressure” of claim 1, on which this claim depends.
Claim 19 recites the limitation "the first direction". There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the examiner interprets this term as “a first direction”.
Claim Rejections - 35 USC § 103
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 1-4, 6-9, 11-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Langa et al. (WO 2022117197 A1, of which US 20230322546 A1 is provided as an English translation, hereinafter L1), and further in view of Schenk et al. (US 10457544 B2, hereinafter S1).
Regarding independent claim 1, L1 discloses in L1 Fig. 2a-3a, 5a-7c, and associated text A microelectromechanical device for generating a sound pressure implemented in a microelectromechanical system (MEMS), the device comprising: a layered system comprising a plurality of layers (L1 abstract: The invention relates to a MEMS component comprising a layer stack having a plurality of MEMS layers), the layers of the layered system comprising: a planar lid (either of layers 122-3), a planar bottom (the other of layers 122-3), and sidewalls arranged to enclose a cavity between the lid and the bottom (sides of layer 121 in L1 Fig. 6-7c and surrounding substrate 62 in L1 Fig. 5a-5b (showing an alternate view), enclose cavity 66); and one or more actuators movable in the cavity and drivable to generate a sound pressure (elementary cells 68, or a pair of movable/resistance elements 16, are considered actuators, and are deflected (driven) to produce sound waves (L1 [0154])); and wherein each actuator comprises: a first leg and a second leg both extending substantially in a first direction and a second direction perpendicular to the first direction and oppositely arranged in a third direction perpendicular to the first direction and the second direction (movable elements 161-2, considered the first and second leg of the actuator, extend along the stack direction 14 (either of first or second direction) and a direction perpendicular to the layer stack direction (the other of first or second direction; L1 [0023]) and are oppositely arranged along direction of movement/plane direction 18 (third direction));. L1 does not explicitly disclose the first leg and the second leg are planar; or a first connecting structure and a second connecting structure connecting respective opposite ends of the first leg and the second leg such that the first leg, the second leg, the first connecting structure, and the second connecting structure enclose a variable cavity volume within the cavity to generate a sound pressure.
However, in the same field of endeavor, S1 discloses in S1 Fig. 4A-4C and associated text the first leg and the second leg are planar (deformable elements 40, corresponding to actuator legs, are planar as shown in S1 Fig. 4A); and a first connecting structure and a second connecting structure connecting respective opposite ends of the first leg and the second leg such that the first leg, the second leg, the first connecting structure, and the second connecting structure enclose a variable cavity volume within the cavity to generate a sound pressure (deformable elements 40a and 40b are connected at respective opposite ends as shown in S1 Fig. 4C, where the hatched portions at the ends of the figure in the y-direction are considered the first and second connecting structures, enclosing subcavity 38; subcavity 38 may increase in size as shown in S1 Fig. 4C where the solid lines show an actuated state of the deformable elements 40a and 40b, while the dotted lines show a non-actuated state (S1 (88)), which is capable of generating a sound pressure in a surrounding fluid, as one of ordinary skill in the art would recognize).
Before the effective filing date of the invention, it would have been an obvious matter of design choice to a person of ordinary skill in the art to use actuator legs with planar surfaces as disclosed by S1 instead of those with a curved surface as disclosed by L1 because Applicant has not disclosed that the surfaces of the legs being planar provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with either planar or curved actuator leg surfaces because both have been disclosed for use in MEMS devices for generating sound pressure. Therefore, it would have been an obvious matter of design choice to provide planar first and second legs in the MEMS device structure of L1.
It would have further been obvious to one of ordinary skill in the art before the effective filing date of the invention to further combine the MEMS device of L1 with the connecting structure at both opposite ends of deformable elements/legs disclosed by S1 to provide reduced flow/pressure losses and improved efficiency of the device (S1 (89)).
Regarding dependent claim 2, L1, as modified by S1, further discloses in L1 Fig. 1-3a and associated text The microelectromechanical device of claim 1, wherein the layers of the layered system further comprise a plurality of drive portions configured to move the first leg and the second leg of each actuator independently to change the enclosed cavity volume of the respective actuator (driving unit/structures 22/22a-f trigger movement 48 of respective movable elements 16 (L1 [0083]), changing the volume of sub-cavities 36, as shown in L1 Fig. 2c-2d).
Regarding dependent claim 3, L1, as modified by S1, further discloses in L1 Fig. 3a and associated text The microelectromechanical device of claim 2, wherein a first drive portion is connected to the first leg of an actuator and a second drive portion is connected to the second leg of the actuator (portions of drive structures 22a and 22f are each connected to movable elements 16), and wherein the first drive portion and the second drive portion are configured to respectively move the legs of the actuator in the opposite direction in the third direction (movable elements 16 are moved toward or away from each other (L1 [0104]) in plane direction 18).
Regarding dependent claim 4, L1, as modified by S1, further discloses in L1 Fig. 2a and associated text The microelectromechanical device of claim 2, wherein the one or more layers of the layered system in which the drive portions are formed are formed between the one or more layers of the lid and the one or more layers of the one or more actuators (drive structures 22b are between movable elements 16 and lid layer 122-).
Regarding dependent claim 6, L1, as modified by S1, further discloses in L1 Fig. 15c The microelectromechanical device of claim 2, wherein each actuator is connected to at least one of the drive portions via a connecting element and is held in the cavity by the connecting element (the actuator comprising movable elements 161-2 is connected to drive portions (labeled in annotated figure below, corresponding to drive unit 22 in L1 Fig. 15a, which depicts an analogous MEMS) by spacers 841-4, which can be removed to selectively release resistive elements 16 of the actuator (L1 [0176]), therefore the connecting elements 84 hold the actuator in the cavity).
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Regarding dependent claim 7, L1, as modified by S1, further discloses in L1 Fig. 5a-5b The microelectromechanical device of claim 2, wherein each actuator is connected to at least one side wall of the apparatus via a connecting element and is held in the cavity by the connecting element (movable elements 16 are connected to sidewalls of the surrounding substrate 62, where the portions of movable elements 16 adjacent to the surrounding substrate 62 are considered the connecting elements, which fix both ends of the movable elements 16, therefore holding the actuators in the cavity 66).
Regarding dependent claim 8, L1, as modified by S1, further discloses in L1 The microelectromechanical device of claim 1, wherein the legs of the one or more actuators are flexible in the third direction (movable elements 16 deform in the direction of movement 18 (L1 [0130]), therefore they are flexible in the third direction).
Regarding dependent claim 9, L1, as modified by S1, further discloses in L1 Fig. 2a and associated text The microelectromechanical device of claim 1, wherein the respective cavity volume enclosed by an actuator is delimited in the second direction by the lid and the bottom (sub-cavity 361 is delimited by lid and bottom layers 122 and 123 in the stack direction 14), wherein a gap is provided between the lid and each actuator and a gap is provided between the bottom and each actuator (gap 26 portions 261 and 262 respectively).
Regarding dependent claim 11, L1, as modified by S1, further discloses in L1 Fig. 7a and associated text The microelectromechanical device of claim 1, wherein one or more openings are provided in the lid which are associated with the one or more actuators, wherein each of the actuators is associated with at least one opening in the lid which is located in the third direction between the first leg and the second leg of the respective actuator and through which the acoustic pressure generated in the respective cavity volume can be emitted by the apparatus (openings 381-3 in lid layer 123 are in the position described and associated with elementary cells 681-3 (L1 [0136]); openings 38 are provided so fluid (sound/acoustic pressure) can flow into or out of the sub-cavities of the actuators (L1 [0079])).
Regarding dependent claim 12, L1, as modified by S1, further discloses in L1 Fig. 7a and associated text The microelectromechanical device of claim 1, wherein one or more openings are provided in the bottom which are arranged next to the one or more actuators in the third direction (openings 384-7 are in bottom layer 122 next to elementary cells 681-3 in the direction of movement 18).
Regarding dependent claim 13, L1, as modified by S1, further discloses in L1 Fig. 7a and associated text The microelectromechanical device of claim 12, wherein at least one opening is respectively provided in the bottom in the third direction between two directly adjacent actuators (opening 384 is in the bottom layer 122 and between elementary cells 681 and 682 which are directly adjacent).
Regarding dependent claim 14, L1, as modified by S1, further discloses in L1 Fig. 7a and associated text The microelectromechanical device of claim 11, wherein the at least one opening associated with each actuator is formed in the lid within the area of the cavity volume of the respective actuator extending in the second direction and the third direction (openings 381-3 in lid layer 123 are in the position described, each in respective sub-cavities 362,4,6 of elementary cells 681-3, which each extend in the stack direction 14 and direction of movement 18).
Regarding dependent claim 15, L1, as modified by S1, further discloses in S1 Fig. 4C and associated text The microelectromechanical device of claim 1, wherein the first connecting structure and the second connecting structure of an actuator together with the first leg and the second leg define a deformable lateral surface enclosing the cavity volume in the circumferential direction of a jacket axis extending parallel to the first direction (deformable elements 40a and 40b and the first and second connecting structures (as interpreted above) form a surface which deforms in a lateral xy-plane and enclose subcavity 38 in a circumferential direction along the deformable surface, around the z-axis, which is interpreted as a “jacket axis” parallel to the first direction as interpreted above or corresponding to the stack direction 14 of L1).
Regarding dependent claim 18, L1, as modified by S1, further discloses in S1 Fig. 2A-2B and associated text The microelectromechanical device of claim 1, wherein the first connecting structure and the second connecting structure of an actuator are formed in the layers of the layered structure in which the legs of the actuator are formed (in an embodiment which is not exclusive from that of S1 Fig. 4C referenced previously, deformable elements (corresponding to legs of the actuator) of the electromechanical transducers 18a-f may be formed integrally with the elements 46a-c (corresponding to connecting structures as interpreted above; S1 (58)), which is interpreted as being formed in the same layer(s)).
Regarding independent claim 19, L1 discloses in L1 Fig. 2a-3a, 5a-7c, and associated text A microelectromechanical loudspeaker (L1 discloses embodiments wherein the following features are in a loudspeaker (L1 [0059])) system implemented as a system-on-chip or system-in-package (L1 Fig. 7a depicts a chip (L1 [0139]), therefore the device is interpreted as a system-on-chip), comprising a microelectromechanical device for generating a sound pressure, said microelectromechanical device comprising: a layered system comprising a plurality of layers (L1 abstract: The invention relates to a MEMS component comprising a layer stack having a plurality of MEMS layers), the layers of the layered system comprising: a planar lid (either of layers 122-3), a planar bottom (the other of layers 122-3), and sidewalls arranged to enclose a cavity between the lid and the bottom (sides of layer 121 in L1 Fig. 6-7c and surrounding substrate 62 in L1 Fig. 5a-5b (showing an alternate view), enclose cavity 66); and one or more actuators movable in the cavity and drivable to generate a sound pressure (elementary cells 68, or a pair of movable/resistance elements 16, are considered actuators, and are deflected (driven) to produce sound waves (L1 [0154])); and wherein each actuator comprises: a first leg and a second leg both extending substantially in a first direction and a second direction perpendicular to the first direction and oppositely arranged in a third direction perpendicular to the first direction and the second direction (movable elements 161-2, considered the first and second leg of the actuator, extend along the stack direction 14 (either of first or second direction) and a direction perpendicular to the layer stack direction (the other of first or second direction; L1 [0023]) and are oppositely arranged along direction of movement/plane direction 18 (third direction));. L1 does not explicitly disclose the first leg and the second leg are planar; or a first connecting structure and a second connecting structure connecting respective opposite ends of the first leg and the second leg such that the first leg, the second leg, the first connecting structure, and the second connecting structure enclose a variable cavity volume within the cavity to generate a sound pressure.
However, in the same field of endeavor, S1 discloses in S1 Fig. 4A-4C and associated text the first leg and the second leg are planar (deformable elements 40, corresponding to actuator legs, are planar as shown in S1 Fig. 4A); and a first connecting structure and a second connecting structure connecting respective opposite ends of the first leg and the second leg such that the first leg, the second leg, the first connecting structure, and the second connecting structure enclose a variable cavity volume within the cavity to generate a sound pressure (deformable elements 40a and 40b are connected at respective opposite ends as shown in S1 Fig. 4C, where the hatched portions at the ends of the figure in the y-direction are considered the first and second connecting structures, enclosing subcavity 38; subcavity 38 may increase in size as shown in S1 Fig. 4C where the solid lines show an actuated state of the deformable elements 40a and 40b, while the dotted lines show a non-actuated state (S1 (88)), which is capable of generating a sound pressure in a surrounding fluid, as one of ordinary skill in the art would recognize).
Before the effective filing date of the invention, it would have been an obvious matter of design choice to a person of ordinary skill in the art to use actuator legs with planar surfaces as disclosed by S1 instead of those with a curved surface as disclosed by L1 because Applicant has not disclosed that the surfaces of the legs being planar provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with either planar or curved actuator leg surfaces because both have been disclosed for use in MEMS devices for generating sound pressure. Therefore, it would have been an obvious matter of design choice to provide planar first and second legs in the MEMS device structure of L1.
It would have further been obvious to one of ordinary skill in the art before the effective filing date of the invention to further combine the MEMS device of L1 with the connecting structure at both opposite ends of deformable elements/legs disclosed by S1 to provide reduced flow/pressure losses and improved efficiency of the device (S1 (89)).
Regarding dependent claim 20, L1, as modified by S1, further discloses in L1 Fig. 1 and associated text The microelectromechanical device of claim 2, wherein the one or more layers of the layered system in which the drive portions are formed are formed in the layers of the lid (drive structure 22b is formed in lid layer 122).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over L1, and further in view of S1 and Voss et al. (US 11049484 B2, hereinafter V1).
Regarding dependent claim 10, L1, as modified by S1, discloses the microelectromechanical device of claim 1. They do not explicitly disclose a gap is dimensioned such that the gap acts as an acoustic filter whose passband is outside the acoustic frequency range in which the apparatus generates the sound pressure.
However, in the same field of endeavor, V1 discloses a gap is dimensioned such that the gap acts as an acoustic filter (air gap 104 are dimensioned to form an acoustical low-pass filter (V1 (16))). V1 does not explicitly disclose the passband of the acoustic filter is outside the acoustic frequency range in which the apparatus generates the sound pressure. However, V1 discloses that the air gap 104 is provided to minimize acoustical leakage between the front and rear volumes and that the dimensions of the air gap are selected accordingly (V1 (11)).
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the MEMS device of L1, as modified by S1, with the air gap acting as an acoustic filter and to dimension the gap such that a passband of the acoustic filter is outside the acoustic frequency range in which the apparatus generates the sound pressure with routine experiment and optimization because doing so would result in a MEMS device wherein the acoustic leakage through L1’s gaps 26 between sub-cavities 36 is minimized (V1 (11)). In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over L1, and further in view of S1 and Liang et al. (US 10567866 B1, hereinafter L2).
Regarding dependent claim 16, L1, as modified by S1, discloses the microelectromechanical device of claim 1, (The ends of deformable elements 40a and 40b are the same in both the actuated and non-actuated state, as depicted, meaning the first and second connecting structures as interpreted above do not stretch or deform under the forces exerted on the actuator during actuation. Therefore, the connecting structures are stiffer than the deformable elements 40a and 40b in the x-direction, corresponding to the third direction or the movement direction 18 of L1). However, they do not explicitly disclose the first connecting structure and the second connecting structure of an actuator have a stiffness in the third direction and/or the second direction which is lower than the stiffness of the first leg and the second leg of the actuator in the third direction.
However, in the same field of endeavor, L2 discloses in FIG. 5 and associated text the connecting structure of an actuator has a stiffness in the third direction and/or the second direction which is lower than the stiffness of the first leg and the second leg of the actuator in the third direction (the flexibility of the folded parts 110f (corresponding to a connection structure) of the membrane 110 is enhanced (L2 (48)) with respect to planar parts 110p, corresponding to legs of the actuator. Therefore, the connecting structure 110f has a lower stiffness than the first and second legs 110p of the actuator in D2, corresponding to a third direction).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the MEMS device of L1, as modified by S1, with the lower stiffness connecting structures of L2 to provide a MEMS device with reduced stress and fatigue to the connecting structures and other connected elements (L2 (48)).
Regarding dependent claim 17, L1, as modified by S1, discloses the microelectromechanical device of claim 1. However, they do not explicitly disclose the first connecting structure and the second connecting structure of an actuator are respectively formed by a joint-like and/or elastic structure.
However, in the same field of endeavor, L2 discloses in FIG. 5 and associated text the connecting structure of an actuator is formed by a joint-like and/or elastic structure (folded parts 110f, corresponding to a connecting structure of an actuator, form joints between planar parts 110p of an actuator).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the MEMS device of L1, as modified by S1, with the joint-like connecting structures of L2 to provide a MEMS device with reduced stress and fatigue to the connecting structures and other connected elements (L2 (48)).
Conclusion
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
WO 2021223886 A1, of which US 20230091340 A1 is provided as an English translation, pertaining to a MEMS with several of the claimed features.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVERETT TRAJAN RIRIE whose telephone number is (571) 272-9559. The examiner can normally be reached Mon - Thu 8:30 am - 6:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chad Dicke can be reached at (571) 270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVERETT T RIRIE/Examiner, Art Unit 2897
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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