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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 9/10/2026 has been entered.
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 1-3, 8-12, 14, 15, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gupta et al. (US2022/0182039 A1, Cited By Applicant).
In regard to claim 1, Gupta et al. teaches in Figs. 1 and 2 a bulk acoustic wave device structure/filter comprising:
A bulk acoustic wave resonator (170) including an acoustic reflector (190), a piezoelectric layer (120), a top electrode (130a), and a bottom electrode (110a) positioned between the piezoelectric layer and the acoustic reflector, the top electrode and the bottom electrode being on opposing sides of the piezoelectric layer; and
A metal-insulator-metal capacitor (MIM 180) electrically connected to the bulk acoustic wave resonator and positioned laterally from the acoustic reflector, the metal-insulator-metal capacitor including an electrode (130b) buried in a dielectric layer (160a), a second electrode (150a), and material of the dielectric layer positioned between the electrode and the second electrode, the second electrode (150a) being free from the material of the dielectric layer on a side (i.e. top side) that is opposite to the electrode (130b).
In regard to claim 2, based on Fig. 2, the metal-insulator-metal capacitor (180) is connected in parallel with the bulk acoustic wave resonator (170).
In regard to claim 3, based on Fig. 1, the acoustic reflector (190) is an air cavity.
In regard to claim 8, based on Fig. 2, the electrode (130b) is electrically/directly connected to the top electrode (130a) of the bulk acoustic wave resonator (170).
In regard to claim 9, based on Fig. 2, wherein the electrode (130b) is electrically connected to the bottom electrode (110a) of the bulk acoustic wave resonator (170) (i.e. since the MIM capacitor is electrically connected to the bulk acoustic wave resonator, there will be an electrical path between the electrode and the bottom electrode 110a of the bulk acoustic wave resonator).
In regard to claim 10, based on Fig. 2, the second electrode (150a) is over the dielectric layer (160a).
In regard to claim 11, based on Fig. 2, only the material of the dielectric layer (160a) is positioned is between the electrode (130b) and the second electrode (150a).
In regard to claim 12, based on Fig. 2, the electrode (130b) is electrically connected to the top electrode (130a), and the second electrode (150a) includes at least a portion of a contact pad (upper surface of 150).
In regard to claim 14, based on Fig. 2, the electrode (130b) is electrically connected to the bottom electrode (110a), and the second electrode (150a) includes at least a portion of a contact pad (upper surface of 150) [i.e. since the MIM capacitor is electrically connected to the bulk acoustic wave resonator, there will be an electrical path between the electrode and the bottom electrode 110a of the bulk acoustic wave resonator].
In regard to claim 15, based on Fig. 2, the second electrode (150a) includes at least a portion of a contact pad (upper surface of 150).
In regard to claims 17 and 18, based on paragraph [0033], wherein the dielectric layer includes silicon nitride.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US2022/0182039 A1, Cited By Applicant) in view of Pan et al. (US2014/0252549 A1, Reference of Record).
As discussed above, Gupta et al. teaches the claimed invention as recited in claim 1. Gupta et al. does not disclose the thicknesses of the MIM capacitor buried electrodes, therefore does not teach: in regards to claim 6, wherein the electrode is thicker than the top electrode of the bulk acoustic wave resonator, and the electrode is thicker than the bottom electrode of the bulk acoustic wave resonator.
Pan et al. teaches in Fig. 2 a metal-insulator-metal capacitor comprising a top (32) and bottom (24) electrode. Pan et al. teaches in Paragraph [0018], that the thicknesses of the top and bottom electrodes are selected to achieve a desired capacitance.
At the time of filing, it would have been obvious to one of ordinary skill in the art to have modified the invention of Gupta et al. and have designed the MIM capacitor buried electrodes to have any desired thickness (e.g. a thickness of both the buried electrodes to be greater than the bulk acoustic wave resonator top and bottom electrodes) for the benefit of achieving a desired capacitance value as suggested by Pan et al. (See Paragraph [0018]).
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US2022/0182039 A1, Cited By Applicant) in view of Kamgaing et al. (US2020/0287520 A1, Reference of Record).
As discussed above, Gupta et al. teaches the specific of the acoustic wave resonator/filter as claimed in claims 19 and 20. Gupta et al. does not teach: in regards to claim 19, a plurality of additional acoustic wave resonators, the bulk acoustic wave resonator and the plurality of additional acoustic wave resonators together configured to filter a radio frequency signal; and in regards to claim 20, radio frequency circuitry coupled to the filter and a package structure enclosing the filter and the radio frequency circuitry.
Kamgaing et al. teaches in Fig. 5 a bandpass filter comprising a plurality of acoustic wave resonators (520, 530, 540 and 114) formed together with additional radio frequency circuitry (112) to create a bandpass filter. Based on related Fig. 8A, the filter and the radio frequency circuitry are enclosed in a package structure.
At the time of filing, it would have been obvious to one of ordinary skill in the art to have modified the invention of Gupta et al. and have used a plurality of the acoustic wave resonator of Gupta et al. to form a bandpass filter comprising additional radio frequency circuitry enclosed in a common package because such a modification would have provided the benefit of forming a bandpass filter as taught by Kamgaing et al. (see Fig. 5 and Fig. 8A).
Allowable Subject Matter
Claims 4, 5, 7, 13 and 16 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE L SALAZAR JR whose telephone number is (571)-272-9326. The examiner can normally be reached between 9am - 6pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Lindgren Baltzell can be reached on 571-272-5918. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE L SALAZAR JR/Primary Examiner, Art Unit 2843
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