Prosecution Insights
Last updated: August 15, 2026
Application No. 18/630,623

MICROELECTROMECHANICAL SYSTEMS DEVICE AND METHOD FOR FORMING THE SAME

Non-Final OA §102
Filed
Apr 09, 2024
Examiner
CHERRY, EUNCHA P
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
National Tsing Hua University
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
934 granted / 1062 resolved
+19.9% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
21 currently pending
Career history
1082
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
48.4%
+8.4% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1062 resolved cases

Office Action

§102
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 in the reply filed on 5/28/2026 is acknowledged. Non-elected claims are cancelled by the applicant. Election was made without traverse in the reply filed on 5/28/2026. Thus, claims 1-9, 18-21 and 23-30 are treated on the merit. 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 1-7, 9, 18, 19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiba (US 2022/0308336 A1). Regarding claim 1, Chiba discloses a microelectromechanical systems (MEMS) device (Figs. 1 and 5-11), comprising: a mirror structure (Fig. 6 and para 52 “mirror part 11”); a frame (Fig. 6, see 51 and 52); and a first cantilever and a second cantilever (Fig. 6 and para 69 “each outside piezoelectric actuator 15 has plural piezoelectric cantilevers 21” see 15a is first cantilever, 15b is second cantilever), wherein the mirror structure (11) is suspended in the frame (51 and 52) by the first cantilever (15a) and the second cantilever (15b), and the first cantilever (see Fig. 6, 15a) comprises: a first sub-cantilever (left 21 of 15a) connected to the frame (51 and 52); a second sub-cantilever (right 21 of 15a) connected to the mirror structure (11); and a third sub-cantilever (middle 21 of 15a) connecting the first sub-cantilever to the second sub-cantilever, wherein each of the first sub-cantilever and the third sub-cantilever comprises: a first bottom electrode (Fig. 5 and para 103 “lower electrode layer 58a”); a first piezoelectric layer (Fig. 5 and para 103 “PZT … layer 58b”) over the first bottom electrode (58a as shown in step 6); and first and second top electrodes (Fig. 5 and para 103 “upper electrode layer 58c”) over the first piezoelectric layer (58b as shown in step 6), wherein the first and second top electrodes are separated from each other (see 21s are separated as shown in Fig. 5, steps 7 and 8, and also see para 105 “etching … 58 at a depth that reaches the surface of … 35, which results in separation of the first and second top electrodes). Regarding claim 2, the MEMS device of claim 1, further comprising: a shock buffer connecting the mirror structure to the frame, wherein the shock buffer extends along a rotation axis of the mirror structure (Fig. 1, see highlighted areas). PNG media_image1.png 347 540 media_image1.png Greyscale Regarding claim 3, the MEMS device of claim 2, wherein the shock buffer is located between the second cantilever (15b) and the first cantilever (15a). Regarding claim 4, the MEMS device of claim 1, wherein an angle between a lengthwise direction of the first sub-cantilever (Fig. 1, vertical line, 21 closer to frame) and a direction perpendicular to a rotation axis of the mirror structure (rotation along 12a-12b) is in a range from 0 degree to 40 degrees in a top view (0 degree). Regarding claim 5, the MEMS device of claim 1, wherein an angle between a lengthwise direction of the third sub-cantilever (Fig. 1, vertical line, 21 closer to mirror) and a direction perpendicular to a rotation axis of the mirror structure (rotation along 12a-12b) is in a range from 0 degree to 40 degrees in a top view (0 degree). Regarding claim 6, the MEMS device of claim 1, wherein the second sub-cantilever (right 21 of 15a shown in Fig. 1) comprises a third top electrode (top of right 21 of 15a) electrically connected with the first top electrode (para 71, by drive voltages). Regarding claim 7, the MEMS device of claim 1, wherein the second sub-cantilever (right 21 of 15a shown in Fig. 1) extends across the mirror structure along a direction parallel with a rotation axis of the mirror structure in a top view (along 12a-12b). Regarding claim 9, the MEMS device of claim 1, wherein the mirror structure comprises a mirror laterally aligned with the first and second top electrodes (see Fig. 6, mirror 11 is aligned with 21s). Regarding claim 18, Chiba discloses a method, for forming a MEMS device (Figs. 1 and 5-11), comprising: depositing a bottom electrode layer (Fig. 5 and para 103 “lower electrode layer 58a”) over a semiconductor substrate (Fig. 5, 52); depositing a piezoelectric layer (Fig. 5 and para 103 “PZT … layer 58b”) over the first bottom electrode layer (58a as shown in step 6); depositing a top electrode layer (Fig. 5 and para 103 “upper electrode layer 58c”) over the first piezoelectric layer (58b as shown in step 6); patterning the top electrode layer (58c) at least into a first top electrode (Fig. 5, step 8, 21 close to 16), a second top electrode (Fig. 5, step8, 21 close to 11), and a mirror (Fig. 5, step 8, 11); and etching the piezoelectric layer and the bottom electrode layer to form at least a first cantilever region (Fig. 5, step 8 see left plural 21s), a second cantilever region (step8, see right plural 21s), a mirror region (11), and a frame region (51 and 52), wherein the mirror region is suspended by the first cantilever region, the second cantilever region, and the frame region (see Fig. 6) and the first cantilever region (see Fig. 6, 15a) comprises: a first sub-cantilever region (left 21 of 15a); a second sub-cantilever region (middle 21 of 15a), wherein each of the first sub-cantilever region and the second sub-cantilever region comprises the first top electrode (top of left 21) and the second top electrode (top of middle 21); and a third sub-cantilever region (right 21 of 15a), wherein the third sub-cantilever region is connected to the mirror region (11). Regarding claim 19, the method of claim 18, further comprising: etching a backside of a base substrate of the semiconductor substrate into a frame over the frame region (see Fig. 5, step 8 the backside is etched) and a rib structure over the mirror region (para 128 “The ribs 91 and 92 are joined to the back sides of the mirror part 11 and the movable frame part 14”). Regarding claim 21, the method of claim 18, further comprising: providing the first top electrode and the second top electrode respectively with different voltages to cause the mirror to have a target scanning angle (para 71 “It is assumed that the plural piezoelectric cantilevers 21 equipped in each outside piezoelectric actuator 15 are numbered, such as No. 1, No. 2, . . . , in order from the side of the fixed frame part 16 to the side of the movable frame part 14. In this case, odd-numbered piezoelectric cantilevers 21 and even-numbered piezoelectric cantilevers 21 receive, from the unillustrated drive device, drive voltages with same peak-to-peak but opposite in phase. As a result, the odd-numbered piezoelectric cantilevers 21 and the even-numbered piezoelectric cantilevers 21 are curved in phases opposite to each other.”) Allowable Subject Matter Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 23-30 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding claim 8, claim is allowable at least for the reason that the prior art does not teach or reasonably suggest the first cantilever further comprises: a fourth sub-cantilever connected to the frame; and a fifth sub-cantilever connecting the second sub-cantilever to the fourth sub-cantilever, wherein each of the fourth sub-cantilever and the fifth sub-cantilever comprises: a second bottom electrode electrically connected with the first bottom electrode; a second piezoelectric layer over the second bottom electrode, wherein the second piezoelectric layer is connected with the first piezoelectric layer; and third and fourth top electrodes over the second piezoelectric layer, wherein the third and fourth top electrodes are separated from each other, and the third and fourth top electrodes are respectively electrically connected with the first and second top electrodes as set forth in the claimed combination; and Regarding claims 23-30, claims are allowable at least for the reason that the prior art does not teach or reasonably suggest a fourth sub-cantilever region connected to the frame region; and a fifth sub-cantilever region connecting the fourth sub-cantilever region to the second sub-cantilever region as set forth in the claimed combination. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNCHA P CHERRY whose telephone number is (571)272-2310. The examiner can normally be reached M to F 7am to 3:30pm. 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, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 7/10/2026 /EUNCHA P CHERRY/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Apr 09, 2024
Application Filed
Jun 04, 2024
Response after Non-Final Action
Jul 14, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12693493
OPTICAL DEVICE ALIGNMENT METHODS
2y 11m to grant Granted Jul 28, 2026
Patent 12693524
OPTICAL PART ASSEMBLY
2y 7m to grant Granted Jul 28, 2026
Patent 12687667
Composite Grating and Manufacturing Method Thereof, Diffraction Optical Waveguide, and Electronic Device
3y 0m to grant Granted Jul 21, 2026
Patent 12681294
PROJECTION APPARATUS
2y 8m to grant Granted Jul 14, 2026
Patent 12681265
OPTICAL INSTRUMENT POSITIONING DEVICE AND METHOD
2y 5m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
97%
With Interview (+9.5%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1062 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month