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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-5) in the reply filed on June 6, 2026 is acknowledged.
Claim Objections
Claims 4 and 5 are objected to because of the following informalities:
In claim 4, line 2, “movable” should be replaced with --moveable-- in both instances.
In claim 4, line 3, “movable” should be replaced with --moveable--.
In claim 4, line 4, “movable” should be replaced with --moveable-- in both instances.
In claim 5, line 1, “movable” should be replaced with --moveable--.
Appropriate correction is required.
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.
Claims 4 and 5 are 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.
The term “predetermined” in claim 4is a relative term which renders the claim indefinite. The term “predetermined” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. If Applicant intends any particular amount of movement, it should be clearly recited.
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.
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lutz et al. (2008/0290494).
Re claim 1, Lutz et al. disclose a substrate (26) including a silicon layer ([0078]); an isolation joint (30) configured to divide the substrate (26) into a first portion including an insulating layer (32) formed on the silicon layer (26) and a second portion including the silicon layer (26) in a plan view, and configured to electrically insulate the first portion and the second portion while mechanically connecting the first portion and the second portion (Fig. 3); and a wiring layer (36) arranged on the substrate (26), wherein the wiring layer (36) is electrically insulated from the silicon layer (26) by the insulating layer (32) at the first portion (left side) and electrically connected to the silicon layer (26) by being formed to be in contact with the silicon layer (26) at the second portion (right side) (See Fig. 3 annotated below).
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Re claim 2, Lutz et al. disclose wherein the wiring layer (36) is made of a conductive silicon-containing material ([0080]).
Re claim 3, Lutz et al. disclose wherein the wiring layer (36) has a side surface aligned with a side surface of the second portion (Fig. 3).
Re claim 4, Lutz et al. disclose further comprising: a movable portion (18) which is movable relative to the substrate, wherein the second portion is configured to contact the movable portion (18 through layer 48) to restrict movement of the movable portion when the movable portion is moved by a predetermined amount of movement (secure layer 48 connected with the second portion of the substrate 26, would restrict some movement of the movable portion when moved~ Figs. 4C & 4J).
Re claim 5, Lutz et al. disclose wherein the second portion and a portion of the movable portion (18) facing the second portion are connected to a same potential (Fig. 4J~ both connected to 36).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2012/0205752 A1, US 2021/0027965 A1, US 2012/0223410 A1 and US 2013/0147020 A1 disclose a similar configuration for a MEMS device with isolation joint and wiring layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE MANDALA whose telephone number is (571)272-1858. The examiner can normally be reached 8:00-5:00 PM.
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/MICHELLE MANDALA/Primary Examiner, Art Unit 2893 July 29, 2026
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