Prosecution Insights
Last updated: October 02, 2026
Application No. 18/540,949

ACOUSTIC WAVE DEVICE

Non-Final OA §102§103
Filed
Dec 15, 2023
Priority
Jun 17, 2021 — provisional 63/211,589 +1 more
Examiner
SAN MARTIN, JAYDI A
Art Unit
Tech Center
Assignee
Murata Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
879 granted / 1038 resolved
+24.7% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
1049
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
38.7%
-1.3% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1038 resolved cases

Office Action

§102 §103
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 . Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, 3, 6, 15, 16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokoyama (US2017/0033769, hereinafter Yokoyama). Regarding claim 1, Yokoyama discloses an acoustic wave device (Fig. 6), comprising: a support (10) including a support substrate; a piezoelectric layer (14) on the support; and a functional electrode (12, 16) on the piezoelectric layer; wherein the support includes a space (22) at a position at least partially overlapping the functional electrode in plan view; and in Fig. 12B the functional electrode includes a first metal layer (12b made of ruthenium, a=6.4x10-6K-1) and a second metal layer (12a made of chromium, a=4.9x10-6K-1) on at least a portion of the first metal layer, and a linear expansion coefficient of the second metal layer is smaller than a linear expansion coefficient of the first metal layer. Regarding claim 2, the second metal layer overlaps at least a portion of a boundary between the support and the space in plan view. See Fig. 6C. Regarding claim 3, considering the piezoelectric layer comprises aluminum nitride (a approx.. 4-5x10-6K-1), the second metal layer comprising chromium (a=4.9x10-6K-1) and the first metal layer comprising ruthenium a=6.4x10-6K-1), the claimed relationship is met and anticipated. Regarding claim 6, the second metal layer is not limited to a specific structure, therefore the second metal layer is considered to be a wiring electrode since it extends and could easily serve as an electrical connection. Regarding claim 15, the generated wave is not a structural limitation, and therefore given little patentable weight. Regarding claim 16, the functional electrode includes an upper electrode (16) and a lower electrode (12) sandwiching the piezoelectric layer (14) in the thickness direction. Regarding claim 18, Yokoyama discloses an acoustic wave device, comprising: a support including a support substrate (10); a piezoelectric layer (14) on the support; and functional electrodes (12, 16) on the piezoelectric layer and below the piezoelectric layer; wherein the support includes a space (22) at a position at least partially overlapping the functional electrodes in plan view; and the functional electrodes (12, 16) include a first metal layer and a second metal layer laminated on at least a portion of the first metal layer, and a linear expansion coefficient of the second metal layer is smaller than a linear expansion coefficient of the first metal layer. Layers (12b and 16a) closer to the piezoelectric layer comprise ruthenium and layers (12a and 16b) farther from the piezoelectric layer comprise chromium. The linear expansion coefficient of chromium, (a=4.9x10-6K-1) is smaller than the linear expansion coefficient of ruthenium (a=6.4x10-6K-1). Regarding claim 19, the second metal layer overlaps at least a portion of a boundary between the support and the space in plan view. Regarding claim 20, considering the piezoelectric layer comprises aluminum nitride (a approx. 4-5x10-6K-1), the second metal layer comprising chromium (a=4.9x10-6K-1) and the first metal layer comprising ruthenium a=6.4x10-6K-1), the claimed relationship is met and anticipated. Claims 1, 7-15 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kimura (US-2022/0216848, hereinafter Kimura). Regarding claim 1, Kimura discloses an acoustic wave device (Fig. 17), comprising: a support including a support substrate (2); a piezoelectric layer (4) on the support; and a functional electrode (51) on the piezoelectric layer; wherein the support includes a space (26) at a position at least partially overlapping the functional electrode in plan view; and the functional electrode includes a first metal layer (512, 522, titanium) and a second metal layer (511, 521, aluminum) on at least a portion of the first metal layer, and a linear expansion coefficient of the second metal layer is smaller than a linear expansion coefficient of the first metal layer. Regarding claim 7, the support further includes a dielectric layer (7, silicon oxide) on the support substrate; and the space is provided in a portion of the dielectric layer (21). Regarding claim 8, the functional electrode includes first electrode fingers extending in a first direction, and second electrode fingers facing corresponding ones of the first electrode fingers in a second direction orthogonal or substantially orthogonal to the first direction and extending in the first direction. (Fig. 1) Regarding claims 9 and 12-13, Kimura shows the thickness of the piezoelectric layer less than about 2p. (paragraph [0090], Fig.10). Regarding claim 10, the piezoelectric layer includes lithium niobate or lithium tantalate. (Paragraph [0092]) Regarding claim 11, the acoustic wave device is structured to generate a bulk wave in a thickness shear mode. (Paragraph [0074]) Regarding claims 12 -14, please refer to fig. 10, paragraph [0090]. Regarding claim 15, Kimura discloses plate waves in lithium niobate and lithium tantalate piezoelectric layers. Regarding claim 17, Kimura discloses Euler angles (φ, θ, ψ) of the piezoelectric layer are about (0°±10°, 0°±10°, ψ). (Paragraph [0150]) Claims 1, 2, 3, 5, 7 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirabayashi (JP-2010-062642, hereinafter Hirabayashi). Regarding claim 1, Hirabayashi discloses an acoustic wave device (Fig. 1), comprising: a support including a support substrate (20); a piezoelectric layer (31) on the support; and a functional electrode (41, 42) on the piezoelectric layer; wherein the support includes a space (22) at a position at least partially overlapping the functional electrode in plan view; and the functional electrode includes a first metal layer (44, Pt) and a second metal layer (42, Al) on at least a portion of the first metal layer, and a linear expansion coefficient of the second metal layer is smaller than a linear expansion coefficient of the first metal layer. Regarding claim 2, the second metal layer overlaps at least a portion of a boundary between the support and the space in plan view. See Fig. 1. Regarding claim 3, a difference in linear expansion coefficient between the piezoelectric layer and the second metal layer is smaller than a difference in linear expansion coefficient between the piezoelectric layer and the first metal layer. Regarding claim 5, the first metal layer includes Al. Regarding claim 7, the support further includes a dielectric layer (21) on the support substrate; and the space (22) is provided in a portion of the dielectric layer. Regarding claim 16, the functional electrode includes an upper electrode and a lower electrode sandwiching the piezoelectric layer in a thickness direction. See Fig. 1. Claims 1, 2, 5, 6, 15 and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Irieda et al. (US20200212865, hereinafter Irieda). Regarding claim 1, Irieda discloses an acoustic wave device (Fig. 1B, 12B), comprising: a support (10) including a support substrate; a piezoelectric layer (14) on the support; and a functional electrode (12) on the piezoelectric layer; wherein the support includes a space (30) at a position at least partially overlapping the functional electrode in plan view; and in Fig. 12B the functional electrode includes a first metal layer (12a) and a second metal layer (12b) on at least a portion of the first metal layer, and a linear expansion coefficient of the second metal layer is smaller than a linear expansion coefficient of the first metal layer. Please refer to paragraph [0068]. Regarding claim 2, the second metal layer overlaps at least a portion of a boundary between the support and the space in plan view. See Fig. 1B. Regarding claim 5, the first metal layer (12a) includes aluminum (paragraph [0070]). Regarding claim 6, the second metal layer is not limited to a specific structure, therefore the second metal layer as a wiring electrode is anticipated by Irieda. Regarding claim 15, the generated wave is not a structural limitation, and therefore given little patentable weight. Regarding claim 16, the functional electrode includes an upper electrode (16) and a lower electrode (12) sandwiching the piezoelectric layer (14) in the thickness direction. 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 of this title, 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Irieda, Kimura, Yokoyama or Hirabasyashi. Regarding claim 4, the references disclose an acoustic wave device as explained above, comprising: a support including a cavity; a piezoelectric layer, functional electrodes on the piezoelectric layer and below the piezoelectric layer; and one of the functional electrodes including a first metal layer and a second metal layer laminated on the first metal layer, and the linear expansion coefficient of the second metal layer is smaller than a linear expansion coefficient of the first metal layer. However, the references fail to disclose the second metal layer including gold or copper. Selection from among the well-known, suitable materials has long been held to be within the skill expected of the routineer and therefore obvious to one of ordinary skill in the art. The references, disclose forming the electrodes having two metallic layers having different linear expansion coefficients to address the issue of bucking due to heat generation. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the instant application to select specific metals to form the first and second layers as necessitated by the specific requirements of the particular application. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm. 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, Dedei Hammond can be reached on 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J. San Martin/ Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §102, §103 (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

1-2
Expected OA Rounds
85%
Grant Probability
97%
With Interview (+12.3%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1038 resolved cases by this examiner. Grant probability derived from career allowance rate.

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