Prosecution Insights
Last updated: September 17, 2026
Application No. 18/631,659

MICROELECTROMECHANICAL SYSTEMS (MEMS) ACTUATOR WITH MAGNETIC LATCHING AND METHODS FOR MANUFACTURING AND USING THE SAME

Non-Final OA §DP
Filed
Apr 10, 2024
Priority
Apr 20, 2023 — provisional 63/497,361
Examiner
ROJAS, BERNARD
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Atomic Machines Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1089 granted / 1311 resolved
+15.1% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
1340
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
44.1%
+4.1% vs TC avg
§102
33.1%
-6.9% vs TC avg
§112
20.5%
-19.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1311 resolved cases

Office Action

§DP
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 1, Claims 1, 3-9, 11-13, 15 and 20 in the reply filed on 06/22/2026 is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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. Specification The lengthy 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. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 3-9, 11-13, 15, 20, 22-25, 27-37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 6, 7, 10, 11,12, 13, 15, 20, 21, 27 of U.S. Patent No. 12,469,659. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the instant application can be found in the claims of U.S. Patent No. 12,469,659 as outlined below. Instant application US 12,469,659 1. An electromechanical actuator comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes— a non-conductive substrate having a top surface, a layer or layers including components with which a load interacts mechanically or electrically, a first ferromagnetic layer, a first plurality of coils that are adjacent to the first ferromagnetic layer, a second ferromagnetic layer that is adjacent to the first plurality of coils, a second plurality of coils that are adjacent to the second ferromagnetic layer, and a third ferromagnetic layer that is adjacent to the second plurality of coils, wherein a bottom surface of the third ferromagnetic layer defined a top end of the chamber; and a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, wherein the plunger assembly includes— a plunger that includes a pair of ferromagnetic plates with a magnet situated therebetween, wherein (i) a first ferromagnetic plate of the pair of ferromagnetic plates is situated between the first and second ferromagnetic layers and (ii) a second ferromagnetic plate of the pair of ferromagnetic plates is situated between the second and third ferromagnetic layers. 1. An electric relay circuit for use with a load, comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes a non-conductive substrate, a layer or layers including components with which the load interacts mechanically or electrically, a first ferromagnetic layer that is adjacent to a spacer, a first plurality of coils that is adjacent to the first ferromagnetic layer, a second ferromagnetic layer that is adjacent to the first plurality of coils, a second plurality of coils that is adjacent to the second ferromagnetic layer, and a third ferromagnetic layer that is adjacent to the second plurality of coils, wherein a bottom surface of the third ferromagnetic layer is at a top end of the chamber; a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, the plunger assembly including a plunger that includes a pair of ferromagnetic plates with a magnet situated therebetween, wherein (i) a first ferromagnetic plate of the pair of ferromagnetic plates is situated between the first and second ferromagnetic layers and (ii) a second ferromagnetic plate of the pair of ferromagnetic plates is situated between the second and third ferromagnetic layers; and the pair of ferromagnetic plates and the first, second, and third ferromagnetic layers further cooperating to drive more than one contact, each contact including: a first contact member having an exposed surface, the exposed surface having asperities that form one or more high points and low points on the exposed surface; and a second contact member having a contact surface, and a plurality of electrically conductive flexures extending from the contact surface; wherein the first contact member and the second contact member may be moved relative to each other to provide differentiated open and closed positions, and wherein, when the first contact member is positioned adjacent the second contact member in a closed position in which the contact surface of the second contact member is not in electrical contact with the one or more high points on the exposed surface of the first contact member, each flexure of the plurality of electrically conductive flexures is in electrical contact with the exposed surface of the first contact member. 7. An electromechanical actuator comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes – a trinity of ferromagnetic layers with coils situated therebetween, such that (i) at least one coil is situated between a first ferromagnetic layer and a second ferromagnetic layer of the trinity of ferromagnetic layers and (ii) at least one coil is situated between the second ferromagnetic layer and a third ferromagnetic layer of the trinity of ferromagnetic layers; and a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, wherein the plunger assembly includes – a plunger that includes a pair of ferromagnetic plates with a magnet situated therebetween; wherein to move the plunger assembly from the first position to the second position, current is applied to the coils such that the current flows in a first direction, thereby causing the plunger to move along the central longitudinal axis toward the pair of contacts; and wherein to move the plunger assembly from the second position to the first position, current is applied to the coils such that the current flows in a second direction opposite the first direction, thereby causing the plunger to move along the central longitudinal axis away from the pair of contacts. 1. An electric relay circuit for use with a load, comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes a non-conductive substrate, a layer or layers including components with which the load interacts mechanically or electrically, a first ferromagnetic layer that is adjacent to a spacer, a first plurality of coils that is adjacent to the first ferromagnetic layer, a second ferromagnetic layer that is adjacent to the first plurality of coils, a second plurality of coils that is adjacent to the second ferromagnetic layer, and a third ferromagnetic layer that is adjacent to the second plurality of coils, wherein a bottom surface of the third ferromagnetic layer is at a top end of the chamber; a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, the plunger assembly including a plunger that includes a pair of ferromagnetic plates with a magnet situated therebetween, wherein (i) a first ferromagnetic plate of the pair of ferromagnetic plates is situated between the first and second ferromagnetic layers and (ii) a second ferromagnetic plate of the pair of ferromagnetic plates is situated between the second and third ferromagnetic layers; and the pair of ferromagnetic plates and the first, second, and third ferromagnetic layers further cooperating to drive more than one contact, each contact including: a first contact member having an exposed surface, the exposed surface having asperities that form one or more high points and low points on the exposed surface; and a second contact member having a contact surface, and a plurality of electrically conductive flexures extending from the contact surface; wherein the first contact member and the second contact member may be moved relative to each other to provide differentiated open and closed positions, and wherein, when the first contact member is positioned adjacent the second contact member in a closed position in which the contact surface of the second contact member is not in electrical contact with the one or more high points on the exposed surface of the first contact member, each flexure of the plurality of electrically conductive flexures is in electrical contact with the exposed surface of the first contact member. 20. An electromechanical actuator comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes— a trinity of ferromagnetic layers with coils situated therebetween that are electrically connected to a power source; and a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, wherein the plunger assembly includes— a plunger that includes at least one ferromagnetic plate and at least one magnet, and wherein when current is applied to the coils, the trinity of ferromagnetic layers become magnetically polarized so as to have either a north-south-north (N-S-N) configuration or a south-north-south (S-N-S) configuration, depending on a direction of the current, and wherein movement of the plunger assembly is dictated by a present configuration of the trinity of ferromagnetic layers. 1. An electric relay circuit for use with a load, comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes a non-conductive substrate, a layer or layers including components with which the load interacts mechanically or electrically, a first ferromagnetic layer that is adjacent to a spacer, a first plurality of coils that is adjacent to the first ferromagnetic layer, a second ferromagnetic layer that is adjacent to the first plurality of coils, a second plurality of coils that is adjacent to the second ferromagnetic layer, and a third ferromagnetic layer that is adjacent to the second plurality of coils, wherein a bottom surface of the third ferromagnetic layer is at a top end of the chamber; a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, the plunger assembly including a plunger that includes a pair of ferromagnetic plates with a magnet situated therebetween, wherein (i) a first ferromagnetic plate of the pair of ferromagnetic plates is situated between the first and second ferromagnetic layers and (ii) a second ferromagnetic plate of the pair of ferromagnetic plates is situated between the second and third ferromagnetic layers; and the pair of ferromagnetic plates and the first, second, and third ferromagnetic layers further cooperating to drive more than one contact, each contact including: a first contact member having an exposed surface, the exposed surface having asperities that form one or more high points and low points on the exposed surface; and a second contact member having a contact surface, and a plurality of electrically conductive flexures extending from the contact surface; wherein the first contact member and the second contact member may be moved relative to each other to provide differentiated open and closed positions, and wherein, when the first contact member is positioned adjacent the second contact member in a closed position in which the contact surface of the second contact member is not in electrical contact with the one or more high points on the exposed surface of the first contact member, each flexure of the plurality of electrically conductive flexures is in electrical contact with the exposed surface of the first contact member. 22. An electromechanical actuator comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes— a trinity of ferromagnetic layers with coils situated therebetween, such that (i) at least one coil is situated between a first ferromagnetic layer and a second ferromagnetic layer of the trinity of ferromagnetic layers and (ii) at least one coil is situated between the second ferromagnetic layer and a third ferromagnetic layer of the trinity of ferromagnetic layers, and a first portion of a flexure; and a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, wherein the plunger assembly includes— a plunger that includes a magnet, and a second portion of the flexure; wherein to move the plunger assembly between the first and second positions, current is applied to the coils; and wherein movement of the plunger assembly is constrained by the flexure, as the second portion is configured to move with the plunger assembly while the first portion is configured to remain in a fixed position with the stator assembly. 1. An electric relay circuit for use with a load, comprising: a stator assembly that has a chamber partially defined therethrough along a central longitudinal axis, wherein the stator assembly includes a non-conductive substrate, a layer or layers including components with which the load interacts mechanically or electrically, a first ferromagnetic layer that is adjacent to a spacer, a first plurality of coils that is adjacent to the first ferromagnetic layer, a second ferromagnetic layer that is adjacent to the first plurality of coils, a second plurality of coils that is adjacent to the second ferromagnetic layer, and a third ferromagnetic layer that is adjacent to the second plurality of coils, wherein a bottom surface of the third ferromagnetic layer is at a top end of the chamber; a plunger assembly that is situated in the chamber of the stator assembly and, in operation, moves along the central longitudinal axis between a first position and a second position, the plunger assembly including a plunger that includes a pair of ferromagnetic plates with a magnet situated therebetween, wherein (i) a first ferromagnetic plate of the pair of ferromagnetic plates is situated between the first and second ferromagnetic layers and (ii) a second ferromagnetic plate of the pair of ferromagnetic plates is situated between the second and third ferromagnetic layers; and the pair of ferromagnetic plates and the first, second, and third ferromagnetic layers further cooperating to drive more than one contact, each contact including: a first contact member having an exposed surface, the exposed surface having asperities that form one or more high points and low points on the exposed surface; and a second contact member having a contact surface, and a plurality of electrically conductive flexures extending from the contact surface; wherein the first contact member and the second contact member may be moved relative to each other to provide differentiated open and closed positions, and wherein, when the first contact member is positioned adjacent the second contact member in a closed position in which the contact surface of the second contact member is not in electrical contact with the one or more high points on the exposed surface of the first contact member, each flexure of the plurality of electrically conductive flexures is in electrical contact with the exposed surface of the first contact member. Claim 3 Claim 3 Claim 4 Claim 4 Claim 5 Claim 3 Claim 6 Claim 6 Claim 8 Claim 1 Claim 9 Claims 4 and 6 Claim 11 Claim 10 Claim 12 Claim 12 Claim 13 Claim 13 Claim 15 Claim 15 Claim 23 Claim 6 Claim 24 Claim 6 Claim 25 Claim 6 Claim 27 Claim 27 Claim 28 Claim 6 Claim 29 Claims 20 Claims 30 Claim 21 Claim 31 Claims 4 Claim 32 Claim 6 Claim 33 Claims 10 Claim 34 Claim 11 Claim 35 Claim 10 Claim 36 Claim 20 Claim 37 Claim 7 Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bernard Rojas whose telephone number is (571)272-1998. The examiner can normally be reached Mon. thru Fri. 7:00 am - 4:00 pm. 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, Shawki S Ismail can be reached at (571) 272-3985. 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. /BERNARD ROJAS/Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Apr 10, 2024
Application Filed
Jun 20, 2024
Response after Non-Final Action
Sep 10, 2025
Response after Non-Final Action
Sep 11, 2026
Non-Final Rejection mailed — §DP (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
83%
Grant Probability
91%
With Interview (+7.7%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1311 resolved cases by this examiner. Grant probability derived from career allowance rate.

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