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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The original specification fails to teach that “the first resonator being characterized by a thickness greater than 1.5 micrometers”. Although ¶0054 of the specification discloses that “the resonator may be characterized by a thickness greater than two micrometers”, the thickness range from greater than 1.5 micrometers to less than two micrometers, that is covered by the claimed thickness range”, is not taught in the specification.
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.
Claim(s) 1-3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aigner et al. (US 6864619) or further in view of Sinha et al. (US 20100277034).
As to claim 1, Aigner’s figures show a device (figure 7A), comprising: a first resonator (70) comprising a first layer (20, see other figures) coupled to and positioned between a first electrode (in 22’) and a second electrode (in 24’), the first layer comprising a first piezoelectric material, the first resonator being associated with a first thickness extension (TE) mode, the first TE mode comprises a TEn mode. The figures fail to show that n is an integer greater than or equal to 2 and a thickness difference at least 10% between the first electrode and the second electrode being associated with the TEn mode. However, col. 2, lines 8-19, teaches that “In order to shift or detune the resonator frequency of the first resonator 10 relative to the resonance frequency of the second resonator 10', different measures limited in space to the resonator 10 can be taken. The change of the thickness of the first electrode 22 of the piezoelectric resonator 10, as is shown in FIG. 1B, results in a change of the resonance frequency of the resonator...” Therefore, selecting the thickness of the electrodes as shown such that n is greater than or equal than 2 and a thickness difference at least 10% between the first electrode and the second electrode being associated with the TEn mode is seen as an obvious design preference to ensure optimum performance (MPEP 2144.05, col. 8, lines 2-25). The figures further show the first resonator being characterized by a thickness greater than 1.5 micrometer (col. 8, lines 2-25); a second resonator (72 in figure 7A) coupled to the first resonator at a first node (82); and a third resonator (76) coupled to the first node and a first ground terminal (86), the third resonator comprising a second layer(20) coupled to and positioned between a third electrode (28 or 26) and a fourth electrode (24), the second layer comprising a second piezoelectric material, the second resonator further comprising a third layer (26 or 30. Furthermore, Aigner’s col. 2, lines 10-18, also teaches that an additional metal layer is applied to electrode 22) coupled to the third electrode. Furthermore, Sinha et al.’s figure 1 show a resonator (20) comprising a mass load layer 22 is added is added over electrode 16 in order to decrease resonant frequency. Therefore, it would have been obvious to one having ordinary skill in the art to add a mass load layer over Aigner’s third electrode for the purpose of reducing resonant frequency of the resonator.
As to claim 2, selecting the thickness of the electrodes and piezoelectric layer such that the first TE mode is associated with a frequency of at least 6 GHz is seen as an obvious design preference to ensure optimum performance, MPEP 2144.04.
As to claim 3, the modified Aigner et al.’s figures show that the third layer comprises a mass load.
As to claim 9, Aigner et al.’s figures show a fourth resonator (78) coupled to the second resonator and a second ground terminal.
Claim(s) 1-11 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aigner et al. (US 6864619) or further in view of Sinha et al. (US 20100277034) and Pollard (US 20220045664).
As to claims 1 and 2, Pollard’s figures show a similar device with Agner et al.’s figures, wherein the thicknesses of piezoelectric layer and electrode layers of respective resonator (not only parallel resonator is detuned, but series resonator can be selected to be detuned, ¶0038) is selected to achieve desired operation. Therefore, selecting the thickness of the electrodes and piezoelectric layer of Aigner et al.’s resonators such that the first TE mode is associated with a frequency of at least 6 GHz is seen as an obvious design preference to ensure optimum performance, MPEP 2144.04.
As to claim 3, the modified Aigner et al.’s figures show that the third layer comprises a mass load.
As to claim 4, selecting the thicknesses for the electrodes of the first resonator such that the filter being configured to suppress a TE1 frequency is seen as an obvious design preference to ensure optimum performance.
As to claim 5, selecting the thicknesses of first electrode and the second electrode to be characterized by a thickness difference of at least 30% is seen as an obvious design preference to ensure optimum performance, MPEP 2144.05.
As to claim 6, selecting the thicknesses of the third electrode and the fourth electrode to be characterized by a thickness difference of at least 30% is seen as an obvious design preference to ensure optimum performance.
As to claim 7, selecting the thicknesses of the third electrode and the fourth electrode to be characterized by a thickness difference of less than 10% is seen as an obvious design preference to ensure optimum performance.
As to claim 8, selecting the thicknesses of the first electrode and the second electrode to be characterized by a thickness difference of at least 150% and the first TE mode comprising a TE2 mode is seen as an obvious design preference to ensure optimum performance.
As to claim 9, Aigner et al.’s figures show a fourth resonator (78) coupled to the second resonator and a second ground terminal.
As to claim 10, selecting the thicknesses for the electrodes of the first to fourth resonator such that the first resonator and the second resonator are associated with the first TE mode, and the third resonator and the fourth resonator are associated with a second TE mode, the second TE mode is different from the first TE mode is seen as an obvious design preference to ensure optimum performance (Aigner et al.’s the parallel resonators and series resonators have different resonant frequencies.
As to claim 11, selecting the thicknesses of the electrodes such that the second TE mode comprises a TE1 mode is seen as an obvious design preference to ensure optimum performance.
Claims 14-20 recite similar limitations in claims above. Therefore, they are rejected for the same reasons.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aigner et al. (US 6864619) or further in view of Sinha et al. (US 20100277034), Pollard (US 20220045664) and Matsuda et al.’s (US 20100244979).
As to claim 12, the modified Aigner et al.’s figures fail show a filter coupled to the first resonator. However, Matsuda’s figure 15 shows a similar device (20) that is coupled between filters (30 and 84 in order to reduce noise. Therefore, it would have been obvious to one having ordinary skill in the art to add filter circuit coupled to the first resonator for the purpose of reducing noise. Selecting the values of components in the filter circuit such that it is configured to suppress a TE1 frequency is seen as an obvious design preference to ensure optimum performance.
As to claim 13, the modified Aigner et al.’s figures show that the filter comprises an inductor and a capacitor.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Aigner et al.’s col. 8, lines 2-25, teaches that the thickness of the resonator is greater than 1.5 micrometer. Sinha et al.’s 0022 teaches that “[e]xemplary thicknesses for the mass load layer are in the range of about 50 nm to a few microns”.
Conclusion
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/QUAN TRA/
Primary Examiner
Art Unit 2842