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 .
Status of Claims
The following is in response to the communication filed 5/29/2026.
Claims 1-20 are currently pending.
Claims 5 and 6 are withdrawn.
Claims 8, 14, and 20 are amended.
Claims 1-20 have been examined.
Prior to examination, Applicant has submitted amendments to the Specification and Drawing to correct minor errors.
Priority
The applicant's claim for benefit of U.S. Provisional Application No. 63/519,022, filed August 11, 2023 has been received and acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/17/2023, 1/7/2025, and 3/24/2026, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species B and Species C, directed to Figs. 2B, 3A, 4A-4B, 7, and 8 including any generic elements, in the reply filed on 5/29/2026 is acknowledged. Applicant asserts that claim 7 is directed to read on Species B and that claim 19 is generic to all species, the examiner will read the claims as such going forward. Therefore, claims 5 (directed Species D) and 6 (directed to Species E) withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species D and E, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/29/2026.
Claim Rejections - 35 USC § 112
112(b)
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 7 and 12 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.
Specifically, the claim 7 uses the term “the movable feature lands on the horizontal surface of the first electrode.” The term lands appears to be as an action meaning “to alight on a surface” this implies an intended function or functional language for the claim. As this is a device claim should be written with clear connection to the device structure.
For the purpose of examination the claim will look for “the movable feature to make an electrical connection with surface of the first electrode.”
Regarding claim 12, the claim uses the term “the control electrode lands on a top surface of the fixed end of the NEMS structure.” The term lands appears to be as an action meaning “to alight on a surface” this implies an intended function or functional language for the claim. As this is a device claim should be written with clear connection to the device structure.
For the purpose of examination the claim will look for “the movable feature to make an electrical connection with surface of the fixed end of the NEMS structure.”
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 7-8, 10, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al., US 20170210613 A1 (hereinafter Chen) and Brewer et al. US 20170066645 A1 (hereinafter Brewer).
Regarding claim 1, Chen discloses:
A device, (Chen, Fig. 2T, nano-electromechanical system (NEMS) device 100b)comprising:
a substrate; (substrate 102)
a logic circuit disposed on the substrate; and ([0083], the NEMS device 100b is formed with other logic devices (device elements 105 Fig. 1A) below the NEMs device 100b and would be formed on the substrate 102.)
a nanoelectromechanical systems (NEMS) device (Fig. 2T, NEMS device 100b) electrically connected to the logic circuit and formed on the substrate, ([0083], the logic device is connected to the NEMS device and formed on the substrate 102.) the NEMS device comprises:
a first electrode (Fig. 2T, third conductive layer 212 within the third dielectric layer 210) electrically connected to the logic circuit, ([0058], The inter-layer dielectric (ILD) layer 104 is formed over the substrate 102 and a device element (such as element 105 in FIG. 1A) is formed in the ILD layer 104. The device element 105 is a transistor which is known logic device.)
a second electrode (fixed portion 232) …
a movable feature (movable portion 234) electrically connected to the second electrode, (beam structure 230 in which the fixed portion 232 is electrically connected to the moveable portion 232)
Chen does not appear to disclose, the second electrode “electrically connected to a first power supply,” and “a control electrode operable to move the movable feature relative to the first electrode.”
Brewer, which teaches a micro-electrical-mechanical system (MEMS) device multiple moving elements under the control of integrated microelectronics (Brewer, [0002]), discloses:
a second electrode (conductive mount 21 and anchor portion 22) electrically connected to a first power supply, (power source 36)
…
a control electrode (electrode 26) operable to move the movable feature relative to the first electrode. ([0021], electrode 26, when charged, provides a potential difference that results in an electrostatic force that pulls the free-standing structure 16 towards electrode 26 and against contact 12.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen to have t the second electrode electrically connected to a first power supply, and a control electrode operable to move the movable feature relative to the first electrode as taught by Brewer for purposes of to facilitate an even distribution of stand-off voltage when the switch structures are open and an even distribution of current when the switch structures are closed. (Brewer, [0024])
Regarding claim 4, Chen and Brewer disclose all the elements of claim 2.
Chen discloses:
the NEMS device is disposed above the logic devices and is embedded in or above the interconnect structure. ([0083], the NEMS device 100b is formed with other logic devices (device elements 105 Fig. 1A) below the NEMs device 100b and would be formed on the substrate 102.)
Regarding claim 7, Chen and Brewer disclose all the elements of claim 1.
Chen further discloses:
the movable feature (movable portion 234) lands on a horizontal surface of the first electrode. (The third conductive layer 212 is considered to be a fixed end of the structure. [0081], the NEM device is operated by the movable portion 234 moving up and down to make connection with the third conductive layer 212 thereby making electric connection.)
Regarding claim 8, Chen and Brewer discloses all the elements of claim 1.
While Chen does disclose that the third conductive layer ([0031], material for the third conductive layer 212 is copper. Furthermore, the same process used to form device 100a would be the same for 100b. [0057]) is conductive and that the fixed beam structure 230 which includes the fixed portion 232 is conductive is shown in the same shading as the other conductive features in the device. Chen does explicitly say that the material is fixed beam is copper.
Brewer further discloses that the electrode 26 and the conductive mount 21 are made of copper. (Brewer, [0028].)
Therefore the device of Chen as modified by Brewer disclose that the first electrode, the second electrode, the control electrode, and the movable feature includes copper (Cu).
Regarding claim 10, Chen and Brewer discloses all the elements of claim 1.
Chen further discloses:
a top surface of the first electrode (Fig. 2T, third conductive layer 212 within the third dielectric layer 210) is substantially coplanar with a top surface of the second electrode. (Fig. 2T, third conductive layer 212 within the third dielectric layer 210. The two conductive layers are substantially coplanar.)
Regarding claim 17, Chen disclose:
A method of forming a device (Chen 2A-2T various stages of forming a NEMS device), comprising:
forming a logic circuit over a substrate; and[0083], the NEMS device 100b is formed with other logic devices (not shown) below the NEMs device 100b and would by necessity be formed on the substrate 102.)
forming a nanoelectromechanical systems (NEMS) device (Fig. 2T, NEMS device 100b) electrically connected to the logic circuit, ([0083], the logic device is connected to the NEMS device and formed on the substrate 102.) wherein the forming of the NEMS device includes:
forming a first electrode (Fig. 2T, third conductive layer 212) electrically connected to the logic circuit, ([0058], The inter-layer dielectric (ILD) layer 104 is formed over the substrate 102 and a device element (such as element 105 in FIG. 1A) is formed in the ILD layer 104. The device element 105 is a transistor which is known logic device.)
forming a second electrode (fixed portion 232) …
forming a movable feature (movable portion 234) electrically connected to the second electrode, (beam structure 230 in which the fixed portion 232 is electrically connected to the moveable portion 232).
Chen does not appear to disclose, the second electrode “electrically connected to a first power supply,” and “forming a control electrode operable to move the movable feature relative to the first electrode.”
Brewer, which teaches a micro-electrical-mechanical system (MEMS) device multiple moving elements under the control of integrated microelectronics (Brewer, [0002]), discloses:
forming a second electrode (conductive mount 21 and anchor portion 22) electrically connected to a first power supply, (power source 36)
…
forming a control electrode (electrode 26) operable to move the movable feature relative to the first electrode. ([0021], electrode 26, when charged, provides a potential difference that results in an electrostatic force that pulls the free-standing structure 16 towards electrode 26 and against contact 12.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen to have the second electrode electrically connected to a first power supply, and a control electrode operable to move the movable feature relative to the first electrode as taught by Brewer for purposes of to facilitate an even distribution of stand-off voltage when the switch structures are open and an even distribution of current when the switch structures are closed. (Brewer, [0024])
Regarding claim 18, Chen and Brewer disclose all the elements of claim 17.
the first electrode is electrically connected to a source/drain feature of a logic device in the logic circuit. ([0083], the NEMS device 100b is formed with other logic devices (device elements 105 Fig. 1A) below the NEMs device 100b and [0058], The inter-layer dielectric (ILD) layer 104 is formed over the substrate 102 and a device element (such as element 105 in FIG. 1A) is formed in the ILD layer 104. The third conductive layer 212 is electrically connected to the logic device 105.)
Regarding claim 19, Chen and Brewer disclose all the elements of claim 17.
Chen further discloses:
The method of claim 17, wherein the forming of the NEMS device includes forming the first electrode, the second electrode, the movable feature, and the control electrode in an interlayer dielectric (ILD) layer, (Chen, Fig. 2T, cap structure 240, [0080] the cap structure 240 is made of an dielectric.) further comprising:
etching a portion of the ILD layer surrounding the NEMS device to form an air gap surrounding the movable feature. (Figs. 2Q- 2S, sacrificial layer 314 is etched away and cap structure is formed such as to create a cavity 24 which surrounds the movable feature.)
Regarding claim 20, Chen and Brewer disclose all the elements of claim 19.
Chen further discloses:
the air gap exposes a horizontal surface of the first electrode. (See Fig. 2S and 2T, the cavity 242 exposes the surface of third conductive layer 212.)
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Chen and Brewer as applied to claim 1 above, and further in view of Debashis US 20230058938 A1 (hereinafter Debashis).
Regarding claim 2, Chen and Brewer disclosed all the elements of claim 1.
Chen further discloses:
the logic circuit includes logic devices over the substrate and an interconnect structure over the logic devices, (Chen, Fig. 2T, [0056], inter-layer dielectric (ILD) layer 104which are located below the NEMS device structure 100a for forming the logic devices which is over the substrate 102. Which can include transistor 105. [0015].)
and
wherein the interconnect structure includes metal lines and vias that electrically connect to one or more of the logic devices. (Fig. 2T, first interconnect structure 114a and second interconnection structure 114b which includes first conductive layer 112 and second conductive layer 122.)
While Chen does teach a transistor in an interconnect layer, Chen does appear to specifically disclose:
each of the logic devices includes a field effect transistor (FET) having a channel region between source/drain (S/D) epitaxial features, a gate structure over the channel region, S/D contacts over the S/D epitaxial features, and a gate contact over the gate structure.
Debashis, which teaches (among other things) an integrated circuit device 1300 which includes one or more transistors 1340 (Debashis, [0056]), discloses:
each of the logic devices includes a field effect transistor (FET) (Debashis, [0054], the die 1202 may include one or more transistors (e.g., some of the transistors 1340 of FIG. 13, the die includes logic devices made of the transistors.) having a channel region between source/drain (S/D) epitaxial features, (Fig. 13, [0066] and [0068], the source-channel-drain device includes S/D regions 1320 which are made by epitaxial deposition process.) gate structure over the channel region, (Fig. 13, gate 1322 over the channel region) S/D contacts over the S/D epitaxial features, (Fig. 13, one or more S/D contacts 1324 ) and a gate contact over the gate structure, ([0069], electrically conductive features of the device layer 1304 (e.g., the gate 1322 and the S/D contacts 1324) is electrically coupled with the interconnect structures 1328.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the device of Chen and Brewer would have to have the logic devices include a field effect transistor (FET) having a channel region between source/drain (S/D) epitaxial features, a gate structure over the channel region, S/D contacts over the S/D epitaxial features, and a gate contact over the gate structure as taught by Debashis would have resulted the same device as recited by the claim with the same functionality of routing the electrical signal from the transistor to external devices. (Debashis, [0076].)
Regarding claim 3, Chen, Brewer and Debashis disclose all the elements of claim 2.
Chen further discloses:
the logic devices is electrically connected to the first electrode ([0083], the NEMS device 100b is formed with other logic devices (device elements 105 Fig. 1A) below the NEMs device 100b and would be formed on the substrate 102. The device element would be electrically connected to the first electrode as they are on the same device.)
Debashis further discloses:
a first S/D epitaxial feature of the logic devices (Debashis, Fig. 13, [0066] and [0068], the source-channel-drain device includes S/D regions 1320 which are made by epitaxial deposition process.)
a second S/D epitaxial feature of the logic devices (Fig. 13, [0066] and [0068], the source-channel-drain device includes S/D regions 1320 which are made by epitaxial deposition process.) is electrically connected to a second power supply different from the first power supply. (The transistor of Fig. 13 maybe in any number of configurations [0056]. Fig. 3, shows one such configuration. The source of the PMOS transistor 320 is connected to a supply voltage VDD. [0027].)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen and Brewer as applied to claim 8 above, and further in view of Gibbons US 20120187804 A1 (hereinafter Gibbons) and Naono et al. US 20180108829 A1 (hereinafter Naono).
Regarding claim 9, Chen and Brewer disclose all the elements of claim 8.
While Brewer discloses a control electrode that is electrically connected to a movable feature (Brewer, Fig. 1, a free-standing structure/mechanical element 16). Brewer does not teach that the device is includes a piezoelectric layer.
Chen discloses the second electrode (Chen Fig. 2T, fixed portion 232 with in the third dielectric layer 210). Chen also discloses a conductive layer electrically connected to the second electrode, (Fig. 2T, the part of the fixed portion outside of the second electrode which is made of the same of the same electrically conductive material inside the dielectric layer, including the cantilever part.)
While Chen and Brewer disclose cantilever MEMS/NEMS devices. Chen and Brewer do not appear to disclose:
the movable feature further includes a piezoelectric layer electrically connected to the control electrode,
and an insulator layer separating the piezoelectric layer from the conductive layer.
Gibbons, which a piezoelectric thin film device for use with in MEMs systems (Gibbons, Abstract and [0001]), discloses:
a the movable feature (Gibbons, Fig. 2A) further includes a piezoelectric layer electrically (piezoelectric thin film 120) connected to the control electrode (top electrode 180)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen and Brewer to have the movable feature further include a piezoelectric layer electrically connected to the control electrode, as taught by Gibbons having better actuation of the cantilever device. (Gibbons, [0061].)
Gibbons does not appear to disclose:
an insulator layer separating the piezoelectric layer from the conductive layer.
Naono, which discloses Pb-containing perovskite oxide film having lamination in a piezoelectric device (Naono, Abstract and [0002]), discloses:
an insulator layer, (Fig. 5A, diaphragm and [0050] diaphragm 10 made of silicon oxide.) separating the piezoelectric layer from the conductive layer. (See Fig. 5A.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen, Brewer, and Gibbons to have an insulator layer, a bottom piezoelectric electrode, and a top piezoelectric electrode where in the bottom piezoelectric electrode is disposed on the insulator layer, the piezoelectric layer is disposed on the bottom piezoelectric electrode, and the top piezoelectric electrode is disposed on the piezoelectric layer as taught by Naono for purposes of prevent cracks from occurring due to strong tensile stress generated by Pb-containing perovskite oxides. (Naono, [0036].) Specifically the diaphragm 10 made of silicon oxide would have a smaller thermal expansion coefficient than those of the Pb-containing perovskite oxide films (Naono, [0050]), and the electrode film made from Ru (Naono, [0053]) has a larger thermal expansion coefficient than that of the diaphragm (Naono, [0042]), and have been shown to result in a Pb-containing film that is free from cracks. (Naono, [0058].)
Each element merely performs the same function as it does separately. Therefore one of ordinary skill in art at the time the invention was filed would expect the device of Chen, Brewer and Gibbons as further modified by Naono would have the resulting device combination be predictable.
Claims 11-12, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chen and Brewer and further in view of Gibbons.
Regarding claim 11,
A device, (Chen, Fig. 2T, nano-electromechanical system (NEMS) device 100b)comprising:
a substrate; (substrate 102)
a logic circuit disposed on the substrate; and ( [0083], the NEMS device 100b is formed with other logic devices (not shown) below the NEMs device 100b and would by necessity be formed on the substrate 102.)
a nanoelectromechanical systems (NEMS) device (Fig. 2T, NEMS device 100b) formed on the substrate and electrically connected to the logic circuit, ([0083], the logic device is connected to the NEMS device.) the NEMS device comprises:
a first electrode (Fig. 2T, third conductive layer 212 within the third dielectric layer 210) electrically connected to the logic circuit, ([0058], The inter-layer dielectric (ILD) layer 104 is formed over the substrate 102 and a device element (such as element 105 in FIG. 1A) is formed in the ILD layer 104. The device element 105 is a transistor which is known logic device.)
a second electrode (fixed portion 232 with in the third dielectric layer 210) …,
a NEMS structure having a bendable end over the first electrode (movable portion 234 over the conductive layer 212) and a fixed end attached to the second electrode (attached to the fixed portion 232), …, and
Chen does not appear to disclose, the second electrode “electrically connected to a power supply VDD,” “wherein the NEMS structure includes a piezoelectric layer,” and “a control electrode electrically connected to the NEMS structure, wherein the control electrode and the piezoelectric layer are configured such that the bendable end is operable to bend and disconnect from the first electrode.”
Brewer, which teaches a micro-electrical-mechanical system (MEMS) device multiple moving elements under the control of integrated microelectronics (Brewer, [0002]), discloses:
a second electrode (conductive mount 21 and anchor portion 22) electrically connected to a power supply VDD, (power source 36)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen to have the second electrode electrically connected to a first power supply as taught by Brewer for purposes of to facilitate an even distribution of stand-off voltage when the switch structures are open and an even distribution of current when the switch structures are closed. (Brewer, [0024])
Chen and Brewer do not appear to disclose “wherein the NEMS structure includes a piezoelectric layer,” and “a control electrode electrically connected to the NEMS structure, wherein the control electrode and the piezoelectric layer are configured such that the bendable end is operable to bend and disconnect from the first electrode.”
Gibbons, which a piezoelectric thin film device for use with in MEMs systems (Gibbons, Abstract and [0001]),
a piezoelectric layer, (Fig. 1A, piezoelectric thin film 12)
a control electrode (Fig. 1A, top electrode 18) electrically connected to the NEMS structure, wherein the control electrode and the piezoelectric layer are configured such that the bendable end is operable to bend and disconnect from the first electrode. (Fig. 2A-2C, [0023] the piezoelectric electric structure is configured to operate as a cantilever device 100, therefor is bendable to connect and disconnect from an electrode below the free end.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen and Brewer to have a piezoelectric layer wherein the control electrode and the piezoelectric layer are configured such that the bendable end is operable to bend and disconnect from the first electrode as taught by Gibbons having better actuation of the cantilever device. (Gibbons, [0061].)
Regarding claim 12, Chen, Brewer and Gibbons disclose all the elements of claim 11.
Chen further discloses:
wherein the control electrode (movable portion 234) lands on a top surface of the fixed end of the NEMS structure. (The third conductive layer 212 is considered to be a fixed end of the structure. [0081], the NEM device is operated by the movable portion 234 moving up and down to make connection with the third conductive layer 212 thereby making electric connection.)
Regarding claim 15, Chen, Brewer and Gibbons disclose all the elements of claim 11.
Gibbons further discloses:
a thickness that ranges between 75 nm to 250 nm. (Gibbons, [0043] discloses the piezoelectric thin film 12 being .075 µm (75 nm) to .5 µm (500 nm) thick. As a suitable thickness to achieve the suitable tilt angle.)
Although none of the cited references appear teach that the NEMS structure has a length that ranges between 200 nm to 1000 nm, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions does not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device (MPEP 2144.04(IV)(A)). In this case, nothing on the record indicates that the claimed length of the NEMS structure has a length between 200 nm to 1000 nm would cause the structure to operate differently.
Regarding claim 16, Chen, Brewer and Gibbons disclose all the elements of claim 11.
Gibbons further discloses:
the bendable end bends upwards such that the NEMS structure bends by a bending angle between about 5 degrees to about 15 degrees relative to a horizontal direction. (Gibbons, [0043] discloses the suitable tilt angle being between .5° and 15°.)
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, Brewer, and Gibbons as applied to claim 11 above, and further in view of Naono.
Regarding claim 13, Chen, Brewer and Gibbons disclose all the elements of claim 11.
Gibbons further discloses a conducting metal layer (Fig. 1A, having a bottom electrode 16 and [0058] the bottom electrode can be made of a material that in Ru.), the piezoelectric layer contains material including Pb(Zr,Ti)O3 (Gibbons, Table 1), and the control electrode (Fig. 1A, control electrode 18) is disposed on the top piezoelectric electrode. (piezoelectric film 12, See Fig. 1C. See also Fig. 2A-2C, top electrode 180 is on top of the piezoelectric thin film 120.)
The device of Chen as modified by Brewer and Gibbons would by necessity have the conducting metal of Gibbons be on the second electrode (Chen, Fig. 2T, fixed portion 232.) Each element within the devices of Chen and Gibbons merely performs the same function as it does separately. Therefore one of ordinary skill in art at the time the invention was filed would expect the device of Chen as modified by Brewer and Gibbons would have the resulting device combination be predictable.
Gibbons further discloses that “the most common geometry for a MEMS actuator is based on a planar structure. That is, the active piezoelectric material is "sandwiched" between two electrode layers.” (Gibbons, 0038.) However, Gibbons does not appear to disclose the two electrode layers that sandwich the piezoelectric material.
Chen, Brewer and Gibbons do not appear to specifically disclose:
an insulator layer, a bottom piezoelectric electrode, and a top piezoelectric electrode
wherein … the insulator layer is disposed on the conducting metal layer, the bottom piezoelectric electrode is disposed on the insulator layer, the piezoelectric layer is disposed on the bottom piezoelectric electrode, and the top piezoelectric electrode is disposed on the piezoelectric layer.
Naono, which discloses Pb-containing perovskite oxide film having lamination in a piezoelectric device (Naono, Abstract and [0002]), discloses:
an insulator layer, (Fig. 5A, diaphragm and [0050] diaphragm 10 made of silicon oxide.), a bottom piezoelectric electrode, (bottom electrode on the diaphragm) and a top piezoelectric electrode (top electrode on the piezoelectric film)
wherein … the bottom piezoelectric electrode is disposed on the insulator layer, the piezoelectric layer is disposed on the bottom piezoelectric electrode, and the top piezoelectric electrode is disposed on the piezoelectric layer. (See Fig. 5A.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen, Brewer, and Gibbons to have an insulator layer, a bottom piezoelectric electrode, and a top piezoelectric electrode where in the bottom piezoelectric electrode is disposed on the insulator layer, the piezoelectric layer is disposed on the bottom piezoelectric electrode, and the top piezoelectric electrode is disposed on the piezoelectric layer as taught by Naono for purposes of prevent cracks from occurring due to strong tensile stress generated by Pb-containing perovskite oxides. (Naono, [0036].) Specifically the diaphragm 10 made of silicon oxide would have a smaller thermal expansion coefficient than those of the Pb-containing perovskite oxide films (Naono, [0050]), and the electrode film made from Ru (Naono, [0053]) has a larger thermal expansion coefficient than that of the diaphragm (Naono, [0042]), and have been shown to result in a Pb-containing film that is free from cracks. (Naono, [0058].)
Each element merely performs the same function as it does separately. Therefore one of ordinary skill in art at the time the invention was filed would expect the device of Chen, Brewer and Gibbons as further modified by Naono would have the resulting device combination be predictable.
Regarding claim 14, Chen, Brewer, Gibbons, and Naono disclose all the elements of claim 13,
Gibbons further discloses a conducting metal layer made of Ru (Fig. 1A, having a bottom electrode 16 and [0058] the bottom electrode can be made of a material that in Ru.), the piezoelectric layer contains material including Pb(Zr,Ti)O3 (Gibbons, Table 1).
Naono further discloses in an insulator layer made of silicon oxide (Naono, [0050] diaphragm 10 made of silicon oxide.) and a bottom and top piezoelectric electrodes which include ruthenium (Ru) (Naonn, [0053], first lower electrode film 21 and the second lower electrode film 22 including ruthenium (Ru).)
Prior Art Considered Pertinent
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goodwin-Johansson et al. US 6590267 B1 – Figure 3, bias control layer 130 which overlies the MEMS/NEMS device and is directly connected to biasing element layers 66 on the top of the bendable element.
Conclusion
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/HEIM KIRIN GREWAL/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
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