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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, Claims 1-5 in the reply filed on May 27, 2026 is acknowledged. Claims 6-10 are withdrawn because they are directed to a nonelected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Fig. 12 does not include the reference numbers 1, 2, and 3, that are discussed in ¶ 0071 of the Specification.
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. 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.
Claim 1 is 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 cap sheet includes a substrate”. Claim 1 also recites “the device sheet includes a substrate”. Claim 1 is unclear because it does not specify whether they are the same “substrate” or a different “substrate”. Appropriate correction is required.
For purposes of compact prosecution, Claim 1 will be interpreted to instead recite “the cap sheet includes a cap substrate and a first metal layer, the cap substrate” and “the device sheet includes a device substrate”.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukumitsu et al. (“Fukumitsu”), US 20210403316.
Regarding Claim 1, Fukumitsu discloses a micro electro mechanical system (MEMS) device (1; Figs. 1-2, 4; ¶ 0032), comprising:
a cap sheet (30; Figs. 1-2, 4: ¶ 0035 “upper lid 30”) defining a recess (31; Figs. 1, 4; ¶ 0035 “recess 31 of the upper lid 30” and “recess 31…forms a part of a vibration space S”); and
a device sheet (40; Figs. 1, 4; ¶ 0032 “lower lid 20 and the resonator 10 may be collectively referred to as a “MEMS substrate 40””) bonded with the cap sheet (¶ 0032 “a state in which the MEMS substrate 40 and the upper lid 30 are laminated to configure the resonance device 1 will be described as a “bonded state”.”) and defining a functional cavity (21; Figs. 1, 4; ¶ 0036 “recess 21”) directly facing the recess (Fig. 4; ¶ 0036 “recess 21 forms a part of the vibration space S”); wherein
the cap sheet includes a substrate (¶ 0032 “upper lid 30 is an example of a second substrate”) and a first metal layer (62; Fig. 5; ¶ 0082 “second bonding portion 62”), the substrate has a first surface facing the device sheet (Figs. 1, 4; ¶ 0035 “recess 31 is surrounded by a side wall 33 and forms a part of a vibration space S”), the recess is defined on the first surface (Figs. 1, 4; ¶ 0035 “recess 31 is surrounded by a side wall 33 and forms a part of a vibration space S”) and the first metal layer is disposed on a portion of the first surface outside the recess (Figs. 5, 10; ¶ 0082, ¶ 0102, ¶ 0103 “second bonding portion 62…on the back surface of the prepared upper lid 30”);
the device sheet includes a substrate (¶ 0032 “substrate 40 is an example of a first substrate”), a structure layer (10; Figs. 1-4; ¶ 0034 “resonator 10”) and a second metal layer (61; Fig. 5; ¶ 0082 “first bonding portion 61”) sequentially stacked (Figs. 4-5), the structure layer includes a first portion (120; Figs. 3-4; ¶ 0039 “vibrating portion 120”), in which structures for achieving mechanical functionality are formed (¶ 0038 “a MEMS vibrator”, ¶ 0042), located in the functional cavity (Figs. 3-4; ¶ 0042 “vibrating portion 120 is provided on the inner side of the holding portion 140”) and a second portion (140; Figs. 3-4; ¶ 0039 “holding portion 140”) surrounding the first portion (Figs. 3-4; ¶ 0042 “vibrating portion 120 is provided on the inner side of the holding portion 140”), and the second metal layer is located on the second portion (Figs. 4-5, 9-10; ¶ 0082, ¶ 0099 “first bonding portion 61 are formed in an outer side portion of the vibrating portion 120”);
each of the cap sheet and the device sheet includes at least one electrode (51, 52; Fig. 5; ¶ 0079), the cap sheet is bonded with the device sheet via the first metal layer and the second metal layer (¶ 0163 “bonding may include causing the first bonding portion 61 and the second bonding portion 62 to have a eutectic reaction and generating a bonding portion 60”), and all electrodes are electrically connected (¶ 0163 “causing the first ground portion 51 and the second ground portion 52 to have a eutectic reaction”) via the first metal layer and the second metal layer bonded with each other (¶ 0163);
the cap sheet further includes a ground structure (50; Figs. 4-5; ¶ 0073 “the ground portion 50 is provided around the vibrating portion 120 of the resonator 10 and on an inner side of the bonding portion 60 without being in contact with the bonding portion 60”, ¶ 0078, ¶ 0081) on the portion of the first surface outside the recess (Figs. 4-5; ¶ 0073 “the ground portion 50 is provided around the vibrating portion 120 of the resonator 10 and on an inner side of the bonding portion 60 without being in contact with the bonding portion 60”), and disposed along perimeter of a bonding area where the first metal layer located (Figs. 4-5; ¶ 0073 “the ground portion 50 is provided around the vibrating portion 120 of the resonator 10 and on an inner side of the bonding portion 60 without being in contact with the bonding portion 60”).
Regarding Claim 2, Fukumitsu discloses wherein the ground structure is disposed on both sides or either side of the bonding area (Figs. 4-5; ¶ 0073 “ground portion 50 is provided…on an inner side of the bonding portion 60”).
Regarding Claim 3, Fukumitsu discloses wherein the bonding area is ring-shaped (¶ 0073 “The shape of the ground portion 50 in the XY plane may be any shape, and is, for example, a rectangular shape.”), and the ground structure is disposed along one or both of an outer side and an inner side of the bonding area (Figs. 4-5; ¶ 0073 “ground portion 50 is provided…on an inner side of the bonding portion 60”).
Regarding Claim 4, Fukumitsu discloses wherein the ground structure is a complete loop trench (¶ 0073 “ground portion 50 is provided around the vibrating portion 120 of the resonator 10 and on an inner side of the bonding portion 60” and “The shape of the ground portion 50 in the XY plane may be any shape, and is, for example, a rectangular shape.”), or is a single or multiple short trenches (¶ 0073 “ground portion 50 is provided around the vibrating portion 120 of the resonator 10 and on an inner side of the bonding portion 60” and “The shape of the ground portion 50 in the XY plane may be any shape, and is, for example, a rectangular shape.”).
Regarding Claim 5, Fukumitsu discloses wherein the first metal layer covers the ground structure either fully or partially (Figs. 4-5; ¶ 0073 “In addition, the ground portion 50 is provided around the vibrating portion 120 of the resonator 10 and on an inner side of the bonding portion 60 without being in contact with the bonding portion 60. The shape of the ground portion 50 in the XY plane may be any shape, and is, for example, a rectangular shape.” in this instance, first metal layer 62 covers the ground structure 50 because the first metal layer 62 of bonding area 60 surrounds/encircles/encloses the ground structure 50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. US 2011/0049652, Wang et al. US 2015/0360938, Liu et al. US 9,233,839, Smeys et al. US 2016/0221819, Chu et al. US 9,567,206, and Chang et al. US 2020/0024125 disclose a MEMS device having a cap sheet, a device sheet, a recess, a functional cavity, and a bonding area.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rose Keagy whose telephone number is (571) 270-3455. The examiner can normally be reached Mon-Fri. 8am-5pm (CT).
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/R.K./Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
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