Prosecution Insights
Last updated: October 04, 2026
Application No. 18/498,766

MEMS SWITCH WITH PLANAR THROUGH GLASS VIAS (TGV)

Non-Final OA §102
Filed
Oct 31, 2023
Examiner
JEAN BAPTISTE, WILNER
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Menlo Microsystems Inc.
OA Round
2 (Non-Final)
87%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
956 granted / 1104 resolved
+18.6% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
22 currently pending
Career history
1119
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
62.4%
+22.4% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1104 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments 2. The examiner has reviewed the applicant’s comments and finds them persuasive. Consequently, the rejection sent on 03/02/2026 is withdrawn and new rejection has been applied thus making this action a non-final action. Claim Rejections - 35 USC § 102 3. 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. 4. Claim(s) 1-2, 9-10, 17-20, is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Gan, US-20040259325-A1. Claims 1, 17. Gan disclose a micro-electromechanical (MEMS) component (such as the one in fig. 2), comprising: -a glass substrate (item 40, [0021]); -a MEMS device (item 41) disposed on the glass substrate; -a glass cap (i) (item 50) having at least one conductive via (item 55) therethrough and (ii) attached to the glass substrate thereby encapsulating and hermetically sealing (as seen in the structure of fig. 2) the MEMS device within a cavity (item 54), the at least one conductive via having a top planar end cap coupled to a top end (as seen in the structure of fig. 2) of the electrically-conductive via and a bottom planar end cap (as seen in the structure of fig. 2) coupled to a bottom end of the electrically-conductive via. Claim 2. Gan disclose the MEMS component of claim 1, wherein the at least one conductive via is cylindrical. This limitation would read through [0012], wherein is disclosed the vias can be with any shape and very small with equivalent diameter down to 5 microns. Claim 9. Gan disclose the MEMS component of claim 1, wherein the bottom planar cap is electrically coupled to the MEMS device. This limitation would read through [0021], wherein is disclosed On device wafer 40, device 41 is IC or MEMS device, which is electrically connected to pads 43 through interconnects 42. Claim 10. Gan disclose the MEMS component of claim 1, wherein the glass cap is bonded to the glass substrate such that the MEMS device is hermetically sealed within a cavity (item 54, fig. 2, [0021]) formed between the glass substrate and the glass cap. Claim 18. Gan disclose the method of claim 17, further comprising bonding the glass cap to the glass substrate such that the MEMS device is hermetically sealed within a cavity (item 54, fig. 2, [0021]) formed between the glass substrate and the glass cap. Claim 19. Gan disclose the method of claim 17, further comprising electrically coupling the bottom planar cap to the MEMS device. This limitation would read through [0021], wherein is disclosed on device wafer 40, device 41 is IC or MEMS device, which is electrically connected to pads 43 through interconnects 42. Claim 20. Gan disclose the method of claim 17, further comprising fabricating a top surface of the top planar cap to be substantially coplanar with a top surface of the glass cap, and a bottom surface of the bottom planar cap to be substantially coplanar with a bottom surface of the glass cap (as seen in the structure of fig. 2). Allowable Subject Matter 4. Claims 3-8, 21, 23 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. (A) Claim 3, contains allowable subject matter because none of references of record teach or suggest, either singularly or in combination, at least the limitation of wherein the at least one conductive via comprises a metal conformal coating on an interior wall of a void through the glass cap, such that the conformal coating surrounds a remaining void. (B) Claims 4-8, 21, are also allowable subject matter, as depend on claim 4. (C) Claims 21 and 23, contain allowable subject matter because none of references of record teach or suggest, either singularly or in combination, at least the limitation of wherein the glass substrate is selected from the group consisting of silicon dioxide, fused silica, silica glass, quartz, sodium-doped glass, and borosilicate glass. 5. Claims 11-16, 22 are allowed. Reasons for Allowance 6. The following is an examiner's statement of reasons for allowance: 7. Regarding claims 11-16, 22, the prior art failed to disclose or reasonably suggest a MEMS device disposed on the glass substrate; a glass cap disposed on the glass substrate, the glass cap having at least one electrically conductive via therethrough, the conductive via comprising:(i) a cylindrical void traversing the glass cap from a top surface of the glass cap to a bottom surface of the glass cap;(ii) a metal conformal coating disposed on an interior sidewall of the cylindrical void, the metal conformal coating having a top end at the top surface of the glass cap and a bottom end at the bottom surface of the glass cap;(iii) a flexible composite material disposed in the cylindrical void from the top surface of the glass cap to the bottom surface of the glass cap;(iv) a top planar cap coupled to the top end of the metal conformal coating; and (v) a bottom planar cap coupled to the bottom end of the metal conformal coating. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILNER JEAN BAPTISTE whose telephone number is (571)270-7394. The examiner can normally be reached M-T 8:00-6:00. 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, Dale Page can be reached at 571-270-7877. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /W.J/Examiner, Art Unit 2899 /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Oct 31, 2023
Application Filed
Mar 02, 2026
Non-Final Rejection mailed — §102
Jun 30, 2026
Response Filed
Sep 01, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
87%
Grant Probability
92%
With Interview (+5.1%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1104 resolved cases by this examiner. Grant probability derived from career allowance rate.

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