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
In response to applicants arguments and amendments filed on 07/27/2026, adding “a method according to the device of claim 1” does not resolve the issue that the device of invention I can be made from a materially distinct process to the process of invention II. Invention II describes a process of making that can create a materially distinct product than invention I, even by putting the method “according to claim I” does not resolve such issue as a method cannot create its steps according to a device claim. This is synonymous to one saying “the device according to the method…” where it is assumed all of the steps of the method are incorporated into the device claim. This would violate the Product-by-process rule by which only the resultant device is examined and not the process by which it is made. In the present case, invention II claims a method according to a device claim, which does not change the process described in the method. Therefore the restriction is maintained and invention I (claims 1-10) are examined below. Note, rejoinder will be considered at the end of prosecution (see MPEP 821.04). Also, to avoid 112 issues, any element referenced in claim 11 that comes from claim 1, would need to state “the” or “said” otherwise it would not be clear if this was a second or different element. As an example “a substrate” introduced in claim 11, is this the same substrate introduced in claim 1 or a second substrate?
The restriction requirement is still deemed proper and is therefore made FINAL.
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) 1-3, 5-7, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sang et al (CN 108557753).
Sang et al teaches
[claim 1] A pressure sensing module, comprising: a substrate, having a first surface and a second surface opposite to each other, wherein the substrate comprises a stepped cavity and an opening, the stepped cavity extends from the first surface to the second surface, the opening extends from the second surface to the first surface, and the stepped cavity communicates with the opening (figures 3 and 4, paragraph 0100, where element 1 is the substrate, where the top surface [proximate to element 2] is the first surface, and the bottom surface is the second surface, where elements 4 and 5 create the step-wise cavity that extends from the first to the second surface and vice versa forming a hole through the substrate),
and a sensing layer, disposed on the first surface of the substrate and covering the first surface of the substrate, wherein the sensing layer comprises: at least one sensing element; and a cross-shaped structure, comprising a central portion and a plurality of extending portions connecting the central portion, wherein the central portion and the extending portions respectively comprise at least one hollow portion, and an orthographic projection of the central portion of the cross-shaped structure on the substrate overlaps with the opening of the substrate (figure 4, paragraphs 0089 and 0097, where element 9 [combined with element 8] is disposed on the first surface of the substrate [top side of element 1], where the center of the sensing element [the membrane] is element 8 and is a cross shaped structure [as seen in figure 4] with a central part [element 8] and extensions extending outward from the central part [element 9 extends outward from element 8], where the orthographic projection of the central part over the opening [as seen in figure 3F] is situated over the opening through the substrate, where element 9 forms a hollow portion in the top layer through the cross design [element 7 is the hollow portion]).
[claim 2] The pressure sensing module according to claim 1, wherein the stepped cavity comprises a first annular cavity and a second annular cavity, the first annular cavity is located between the opening and the second annular cavity, a diameter of the first annular cavity is smaller than a diameter of the second annular cavity and larger than a diameter of the opening (figure 3F, paragraph 0100, where element 4 is the first annular cavity and element 5 is the second annular cavity, where the first annular cavity is located between the second and the opening [between element 5 and the second surface of the substrate], and the diameter of the first annular cavity is smaller than the diameter of the second annular cavity [as seen by their cross-sectional profile in figure 3F).
[claim 3] The pressure sensing module according to claim 1, further comprising: a protective layer, disposed on the sensing layer to cover the at least one sensing element and the cross-shaped structure (figure 4, paragraph 0121, where element 2 is an adhesive layer that can function as a protective layer and is on the sensing element [elements 8 and 9]. Note, the definition of “on” is very broad and includes being underneath but touching).
[claim 5] The pressure sensing module according to claim 3, further comprising: a cover, disposed on the protective layer, wherein the cover comprises a first portion and a second portion enclosing the first portion, the first portion corresponds to at least a portion of the cross-shaped structure, and the second portion is bonded to the protective layer (figure 4, paragraph 0101, where element 3 [comprised of elements 7, 8, 9, 10 and 11] is the cap, where the first portion is element 10 [the portion that surrounds the membrane – elements 8, 9 and 11], and the second portion is elements 8, 9 and 11, where the second portion forms the cross like portion, and the first portion [element 11] is bonded to the protective layer [element 2]).
[claim 7] The pressure sensing module according to claim 1, wherein the substrate is a cavity-semiconductor-on-insulator (C-SOI) substrate (paragraph 0089, where the process described is a C-SOI process that forms the substrate as pictured in figure 4).
[claim 9] The pressure sensing module according to claim 1, wherein the cross-shaped structure is double-rib or grid-shaped (figure 4, where elements 8, 9 and 11 forms the cross-shaped structure and is a grid-shaped 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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sang et al (CN 108557753) in view of Meng et al (CN 112897448).
Sang et al teaches all of the limitations of the parent claim, claim 1, but does not specifically disclose
[claim 4] The pressure sensing module according claim 3, wherein a material of the protective layer comprises silicon nitride.
However, Meng et al teaches
[claim 4] The pressure sensing module according claim 3, wherein a material of the protective layer comprises silicon nitride (paragraph 0060, where the protective layer from Sang et al is also an adhesive layer, and Meng et al discloses an adhesive layer made of silicon nitride).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to have modified the teachings of Sang et al to incorporate the teachings of Meng et al to use a silicon nitride adhesive layer for the protective layer to maximize physical stability of the device (Silicon nitride is known for begin a stable adhesive).
Claim(s) 6, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sang et al (CN 108557753) in view of Chiou et al (US 20220341799).
Sang et al teaches all of the limitations of the parent claim, claim 1, but does not specifically disclose
[claim 6] The pressure sensing module according to claim 5, wherein a material of the cover is the same as that of the substrate.
[claim 8] The pressure sensing module according to claim 1, wherein the sensing layer further comprises a first oxide layer, a second oxide layer, an active layer and a patterned metal layer, the active layer is located between the first oxide layer and the second oxide layer, the second oxide layer is configured on the first surface of the substrate, the at least one sensing element is embedded in the active layer, the at least one hollow portion penetrates through the first oxide layer and a portion of the active layer, the patterned metal layer is disposed on at least one of the first oxide layer and the active layer.
[claim 10] The pressure sensing module according to claim 1, wherein the at least one sensing element comprises at least one piezo-resistive sensor.
However, Chiou et al does teach
[claim 6] The pressure sensing module according to claim 5, wherein a material of the cover is the same as that of the substrate (figure 7C, paragraph 0060, where the cover layer [element 12s] is made of the same material as the substrate [element 14], which is silicon).
[claim 8] The pressure sensing module according to claim 1, wherein the sensing layer further comprises a first oxide layer, a second oxide layer, an active layer and a patterned metal layer (figure 7C, paragraphs 0060-0061, where the sensing layer is element 12 [read onto Sang et al] and further comprises a first oxide layer [element 12a], a second oxide layer [element 16], an active layer [element 12s] and a patterned metal layer [element 30]),
the active layer is located between the first oxide layer and the second oxide layer, the second oxide layer is configured on the first surface of the substrate (figure 7C, paragraphs 0060-0061, where element 12s is situated between elements 12a [first oxide layer] and element 16 [second oxide layer], where the second oxide layer [element 16] is situated on the first surface of the substrate [top side of element 14 read onto from Sang et al]),
the at least one sensing element is embedded in the active layer, the at least one hollow portion penetrates through the first oxide layer and a portion of the active layer, the patterned metal layer is disposed on at least one of the first oxide layer and the active layer (figure 7C, paragraphs 0060-0061, where element 12s [active layer] has a sensing element [element 22a/c] embedded in the layer, and one hollow portion penetrating the first oxide layer [element 12a] – where the hollow portion is read onto Chiou et al from Sang et al where Sang et al has hollow squares indented into the sensing surface – such indents in Chiou et al would penetrate the first oxide layer [element 12a] downward into a portion of the active layer. The patterned metal layer [element 30] is disposed on the first oxide layer [element 12a] where “on” is interpreted to mean “touching”).
[claim 10] The pressure sensing module according to claim 1, wherein the at least one sensing element comprises at least one piezo-resistive sensor (figure 7C, paragraph 0061, where the sensing elements in the active layer [element 22a/c within layer 12s mapped onto the sensing element of Sang et al] contains a piezo-resistive sensor [piezoresistor]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to have modified the teachings of Sang et al to incorporate the teachings of Chiou et al to incorporate piezo-resistors within the sensing layer to maximize the sensitivity of the pressure sensors to allow for greater precision in the measurements, thus improving the overall quality of the pressure sensor device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sooriakumar et al (US 20210266679), Takizawa et al (US 20210025915), Steiert (US 20190055117), and Brosh (US 7290453) as other pressure sensing modules with cavities.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ZABEL whose telephone number is (703)756-4788. The examiner can normally be reached M-F 9-5PM ET.
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/ANDREW JOHN ZABEL/Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
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