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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the first and the second elastic groups being mechanically arranged in parallel between the first movable mass and the substrate” from claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Regarding the above limitation, [0025] states elastic elements and movable structure extend from the substrate 21 in the Z direction. It is unclear how the elastic groups of claim 6 can be between the masses on movable structure 22 and the substrate, when viewed from the Y or X direction, if the elastic elements are above the Z direction. All images are viewed from the Z direction, with the substrate under mass structure 22 and elastic groups, with no indication that elastic groups are between masses and substrate.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-12 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.
Claims 1-12 recite the limitation "the anchoring structure" in claims 1 and 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitations " the first distance" and “the second distance”. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 and 12 recite the limitation "the second anchoring structure.” There is insufficient antecedent basis for this limitation in the claim.
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) 1-3, 5 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200400712 (herein Gattere).
Regarding claim 1, Gattere teaches A MEMS device (MEMS accelerometer 30, [0036]), comprising:
a substrate (substrate, [0040]);
a movable structure suspended on the substrate (first and second masses 33, 34 extend above the substrate, [0040]) and comprising:
a first mass (inertial mass 34, [0046]);
a second mass (inertial mass 33, [0041]); and
a first elastic group mechanically coupled between the first and the second masses, the first elastic group being compliant along a first direction (second inertial mass 34 is coupled to the first inertial mass 33 by a second spring element 38, [0046]),
the first mass being configured to move with respect to the substrate along the first direction (Figs. 2-3 teach movement of mass 33 along Y-direction);
a second elastic group mechanically coupled between the substrate and the movable structure, the second elastic group being compliant along the first direction (first spring element 37, [0045]; [0045] teaches springs 37 connected to mass 33 and fixed constraint element 35 that is rigid with substrate); and
an anchoring control structure fixed to the substrate, capacitively coupled to the second mass and configured to exert an electrostatic force on the second mass along the first direction (electrodes 43, 45 are biased at respective biasing voltages, which result, for example, in an effective voltage of approximately 1 V between the first inertial mass 33 and the electrodes 43, 45. As a result of the biasing, the first inertial mass 33 is subjected to a total electrostatic force, [0051]),
wherein the anchoring control structure is configured to control the MEMS device in a first operating state, wherein the second mass is free to move with respect to the substrate along the first direction, and in a second operating state (MEMS accelerometer 30 is designed so that, in the rest condition (FIG. 2), the first and second distances d.sub.1′, d.sub.2′, as well as the first and second capacitances C.sub.1′, C.sub.2′, are equal to each other. Consequently, the first and second electrostatic forces F.sub.el1′, F.sub.el2′ are equal to each other and the total electrostatic force F.sub.el′ is zero, [0052]),
wherein the anchoring control structure applies a pull-in electrostatic force on the second mass such as to anchor the second mass to the anchoring structure, thereby preventing a movement of the second mass with respect to the substrate in response to a movement of the first mass (the first inertial mass 33 is subject to a total electrostatic force F.sub.el′, [0058]; since the external acceleration a.sub.ext still acts on the MEMS accelerometer 30, the first inertial mass 33 abuts against the stop elements 50, 51 and the second inertial mass 34 is free to move, [0059]).
Regarding claim 2, Gattere teaches wherein the anchoring control structure comprises a stopper fixed to the substrate (stop elements 50, 51, [0059]), the stopper extending at rest, in the first operating state, at a first distance from the second mass along the first direction, and, in the second operating state, in contact with the second mass (Figs. 2 and 4 teach first and second operating states, respectively, with Fig. 2 showing masses at a distance from stops 50, 51, and Fig. 4. Showing mass 33 abutting stops 50, 51).
Regarding claim 3, Gattere teaches wherein the anchoring control structure further comprises a control electrode fixed to the substrate and extending, at rest, in the first operating state, at a second distance from the second mass along the first direction (electrode 43, [0041]; Figs. 2 and 4 teach corresponding distances between masses and electrode 43).
Regarding claim 5, Gattere teaches wherein the anchoring control structure comprises a control electrode (electrode 43, [0041]), the second mass having an outer wall and a through-cavity having an inner wall, the control electrode being arranged inside the through-cavity facing the inner wall, the stopper facing the outer wall of the second mass (Fig. 2 teaches shape of mass 33 having through-cavity where electrodes 43, 45 reside, and outer surface where mass 33 contacts stop elements 50, 51).
Regarding claim 7, Gattere teaches wherein the second elastic group is coupled to the second mass (Fig. 2 shows mass 33 is coupled to spring 37), so that, in the first operating state, the first mass is coupled to the substrate through the first and the second elastic groups (Fig. 2 shows first corresponding state where mass 33 is coupled to spring 37 and 38), the first and the second elastic groups being mechanically arranged in series between the first movable mass and the substrate (Fig. 4 teaches springs 37 and 38 between mass 34 and constraint element 35 [which is fixed to substrate] and arranged in series) and, in the second operating state, the first mass is coupled to the substrate through the first elastic group (Fig. 4 teaches second corresponding state where mass 34 is connected to constraint element 35 via springs 37).
Regarding claim 8, Gattere teaches wherein the movable structure further comprises a third mass and a third elastic group which mechanically couples the first mass to the third mass and which is compliant along the first direction, the second mass being arranged on a first side of the first mass and the third mass being arranged on a second side of the first mass other than the first side (Fig. 9 and [0085] teach third mass 433/434, elastic elements 437/438 that oppose masses 333, 334), wherein the anchoring control structure is a first anchoring control structure (electrodes 343, 345), the MEMS device further comprising a second anchoring control structure fixed to the substrate, capacitively coupled to the third mass (electrodes 443, 445) and configured to control the MEMS device in a third operating state wherein the third mass is free to move with respect to the substrate along the first direction, and in a fourth operating state, wherein the second anchoring control structure applies a pull-in electrostatic force on the third mass such as to anchor the third mass to the second anchoring structure, thus preventing a movement of the third mass with respect to the substrate in response to a movement of the first mass (functionality of accelerometer 330 is equivalent to that in [0052]-[0059]).
Regarding claim 9, Gattere teaches a detection structure configured to detect a movement of the first mass along the first direction (processing system (not illustrated), coupled to the electrodes 43, 45 and to the first inertial mass 33 is thus able to detect the variations of the capacitances, [0063]).
Regarding claim 10, Gattere teaches wherein the first mass is configured to move along the first direction in response to a movement of the MEMS device (external acceleration a.sub.ext acts on the MEMS accelerometer 30, [0059])
Regarding claim 11, Gattere teaches A method for controlling a MEMS device, comprising:
a movable structure suspended on a substrate (first and second masses 33, 34 extend above the substrate, [0040]) and comprising:
a first mass (inertial mass 34, [0046]);
a second mass (inertial mass 33, [0041]); and
a first elastic group mechanically coupled between the first and the second masses, the first elastic group being compliant along a first direction (second inertial mass 34 is coupled to the first inertial mass 33 by a second spring element 38, [0046]),
the first mass being configured to move with respect to the substrate along the first direction (Figs. 2-3 teach movement of mass 33 along Y-direction);
a second elastic group mechanically coupled between the substrate and the movable structure, the second elastic group being compliant along the first direction (first spring element 37, [0045]; [0045] teaches springs 37 connected to mass 33 and fixed constraint element 35 that is rigid with substrate); and
an anchoring control structure fixed to the substrate, capacitively coupled to the second mass and configured to exert an electrostatic force on the second mass along the first direction (electrodes 43, 45 are biased at respective biasing voltages, which result, for example, in an effective voltage of approximately 1 V between the first inertial mass 33 and the electrodes 43, 45. As a result of the biasing, the first inertial mass 33 is subjected to a total electrostatic force, [0051]),
the anchoring control structure and the second mass having a pull-in voltage (biasing voltages, [0051]), wherein the method comprises: applying, between the anchoring control structure and the second mass, a voltage that is zero or lower than the pull-in voltage, so that the MEMS device is in a first operating state wherein the second mass is free to move with respect to the substrate along the first direction ([0052] teaches rest condition where the first and second electrostatic forces F.sub.el1′, F.sub.el2′ are equal to each other and the total electrostatic force F.sub.el′ is zero); and
applying, between the anchoring control structure and the second mass, a voltage equal to or greater than the pull-in voltage, such that the MEMS device is in a second operating state wherein the anchoring control structure applies a pull-in electrostatic force on the second mass such as to anchor the second mass to the anchoring structure, thereby preventing a movement of the second mass with respect to the substrate in response to a movement of the first mass (the first inertial mass 33 is subject to a total electrostatic force F.sub.el′, [0058]; since the external acceleration a.sub.ext still acts on the MEMS accelerometer 30, the first inertial mass 33 abuts against the stop elements 50, 51 and the second inertial mass 34 is free to move, [0059]).
Regarding claim 12, Gattere teaches wherein the movable structure further comprises a third mass and a third elastic group which mechanically couples the first mass to the third mass and which is compliant along the first direction, the second mass being arranged on a first side of the first mass and the third mass being arranged on a second side of the first mass other than the first side (Fig. 9 and [0085] teach third mass 433/434, elastic elements 437/438 that oppose masses 333, 334), wherein the anchoring control structure is a first anchoring control structure (electrodes 343, 345), the MEMS device further comprising a second anchoring control structure fixed to the substrate, capacitively coupled to the third mass (electrodes 443, 445) and configured to exert an electrostatic force on the second mass along the first direction, the second anchoring control structure and the second mass having a second pull-in voltage, wherein the method further comprises: applying, between the second anchoring control structure and the third mass, a voltage that is zero or lower than the second pull-in voltage, so that the MEMS device is in a third operating state wherein the third mass is free to move with respect to the substrate along the first direction, and applying, between the second anchoring control structure and the third mass, a voltage equal to or greater than the second pull-in voltage, so that the MEMS device isin a fourth operating state, wherein the second anchoring control structure applies a pull-in electrostatic force on the third mass such as to anchor the third mass to the second anchoring structure, thus preventing a movement of the third mass with respect to the substrate in response to a movement of the first mass (functionality of accelerometer 330 is equivalent to that in [0052]-[0059] as stated in [0087]).
Regarding claim 13, Gattere teaches A device (accelerometer 330, [0085], Fig. 9), comprising:
a substrate (substrate, [0040]);
a first mass that includes a first opening, the first mass including a first side opposite to a second side, a third side transverse to the first side, and a fourth side opposite to the third side (mass 333, [0086], Fig. 9);
a plurality of first electrodes fixed to the substrate and in the first opening (electrodes 343, 345, Fig. 9);
a first stopper (stoppers 350, 351, Fig. 9);
a second stopper spaced from the first stopper by the first mass (stopper 450, 451);
a second mass coupled to the third side of the first mass (mass 334, [0085]);
a third mass coupled to the fourth side of the first mass (mass 433, [0086]), the second mass spaced from the second stopper by the third mass and the first mass (Fig. 9 shows mass 334 spaced away from stop elements 450, 451 with masses 333 and 433 therebetween).
Regarding claim 14, Gattere teaches wherein a plurality of second electrodes extend from the first mass into the opening toward the plurality of first electrodes (opening 339 will inherently have electrodes therein to interact with opposing electrodes 343, 345 equivalent to inner surfaces 33A, 33B described in [0043])
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gattere as applied to claim 1 above, and further in view of US 9246412 (herein Quevy).
Regarding claim 6, Gattere teaches wherein the second elastic group is coupled to the first mass (see spring element 38 in Fig. 2), so that, in the first operating state, the first mass is coupled to the substrate through the second elastic group (Fig. 2 shows first corresponding state where mass 34 is coupled to constraint element 35 [which is fixed to substrate] via spring element 37), and, in the second operating state, the first mass is coupled to the substrate through the first and the second elastic groups (Fig. 4 teaches second corresponding state where mass 34 is connected to constraint element 35 via springs 37 and 38), the first and the second elastic groups being mechanically arranged
Further regarding claim 6, Gattere does not teach the “in parallel” configuration. However, Quevy teaches that springs within MEMS devices may be equivalently configured in series or in parallel configurations to support movable bodies (Col. 12, Lines 10-13). Such a mere rearrangement of parts is an obvious design choice and, according to MPEP § 2144.04 VI. C, may be held unpatentable because the rearrangement would not affect the operation of the device. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Note that according to MPEP § 2144, “Office personnel may invoke legal precedent as a source of supporting rationale when warranted and appropriately supported.”
Claim(s) 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gattere with respect to its rejection of claim 13.
Regarding claim 15, Gattere teaches a plurality of first elastic elements that extend from the first side of the first mass (elastic element 338, Fig. 9); a plurality of second elastic elements that extend from the second side of the first mass (elastic element 337, Fig. 9); a plurality of third elastic elements that extend from the third side of the first mass and coupled to the second mass (elastic element 437, Fig. 9). Gattere does not explicity teach, “a plurality of fourth elastic elements that extend from the fourth side of the first mass and coupled to the third mass” within a single embodiment. However, Gattere teaches in Fig. 8 that another configuration may have another group of elastic elements that connect a third mass 234 (with first and second masses being 134 and 33) to equivalent first mass with the opening 33. Such a mere rearrangement of parts is an obvious design choice and, according to MPEP § 2144.04 VI. C, may be held unpatentable because the rearrangement would not affect the operation of the device. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Note that according to MPEP § 2144, “Office personnel may invoke legal precedent as a source of supporting rationale when warranted and appropriately supported.”
Regarding claim 16, Gattere does not explicitly teach, “a plurality of second electrodes in each of a plurality of second openings in the second mass.” However, Gattere teaches it is known in the art to provide openings 339, 439 with corresponding electrodes 343, 345, 443, 445 (see Fig. 9). Addich such openings and electrodes would be considered a mere duplication of parts and, according to MPEP § 2144.04 VI. B, has no patentable significance unless a new and unexpected result is produced. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Note that according to MPEP § 2144, “Office personnel may invoke legal precedent as a source of supporting rationale when warranted and appropriately supported.”
Regarding claim 17, Gattere teaches a plurality of third electrodes in each of a plurality of third openings in the third mass ((electrodes 443, 445 and opening 439 that may be arbitrarily divided into a first and second opening shown in Fig. 9).
Conclusion
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/PHILIP T FADUL/Examiner, Art Unit 2852