Prosecution Insights
Last updated: October 21, 2026
Application No. 18/639,846

FILTER WITH BULK ACOUSTIC WAVE RESONATOR IN PARALLEL WITH CAPACITOR

Final Rejection §103
Filed
Apr 18, 2024
Priority
Apr 19, 2023 — provisional 63/497,041 +2 more
Examiner
LE, LANA N
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Skyworks Global Pte. Ltd.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
506 granted / 619 resolved
+19.7% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
31 currently pending
Career history
660
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
9.9%
-30.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 619 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments filed 07/29/2026 with respect to claim 20 have been fully considered but they are not persuasive. Regarding claim 20, applicant argues that the cited prior art Lee et al do not disclose the electrode buried in the dielectric layer is positioned between an acoustic reflector of the bulk acoustic wave resonator and a substrate. However, the examiner respectfully disagrees. Lee et al teach that the acoustic reflector can be an air cavity A1/A2, thus the electrode T buried in the dielectric layer (dielectric layer D of capacitor C11, dielectric layer D of capacitor C31, insulating layer 20) can extend through or beneath the air cavity since the air cavity is just an enclosed space/opening filled with air. Also, it is notoriously old and well known in the art to rearrange layers based on circuit design preference, since it has been held that rearranging parts of an invention involved only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). As a result, given the broadest reasonable interpretation according to MPEP 2111, Lee et al teach the electrode buried in the dielectric layer positioned between an acoustic reflector of the bulk acoustic wave resonator and a substrate. 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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2018/0,294,792) in view of Patel et al (US 2021/0,175,589; hereinafter Patel). Regarding claim 20, Lee disclose a method of radio frequency signal processing (filtering a radio frequency signal; ¶ [0137), the method comprising: filtering a radio frequency signal with a filter (100, 102) that includes a bulk acoustic wave resonator (BAW resonator R12, R32) (Figs. 1A-1B, 3A-3B; paras. [0017], [0051]-[0052], [0137]) and a capacitor (C11, C31) in parallel with the bulk acoustic wave resonator (R12, R32) (paragraphs [0056]-[0058], [0066]-[0069], [0087]-[0090]; Figs. 1A-1B, 3A-3B), the capacitor (C11, C31; Figs. 1A, 3A) including an electrode (T of C11, T of C31) buried in a dielectric layer (dielectric layer D of C11, dielectric layer D of C31, insulating layer 20) positioned between an acoustic reflector (air cavity A2 of R12; air cavity A2 of R32) that can extend through or beneath the air cavity (A1, A2) of the bulk acoustic wave resonator (R12, R32) and a substrate (10) (paragraphs [0054]-[0058], [0061], [0066]-[0069], [0087]-[0090]; Figs. 1A-1B, 3A-3B). Lee do not disclose the insulating layer 20 is a dielectric layer and transmitting the filtered radio frequency signal via at least one antenna. In the same field of endeavor, Patel disclose transmitting the filtered radio frequency signal (RF front end 128 comprises a radio frequency filter) via at least one antenna (122) (Figs. 1-2; ¶ [0058]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order have an interface between the electrical circuits and free space by converting the electrical signals into electromagnetic radio waves for transmission. The examiner takes official notice that a dielectric layer is a specific type of insulating layer as is well-known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so due to the dielectric material’s ability to polarize and store electrical energy when subjected to an electric field, commonly used in capacitors and printed circuit boards and it is notoriously old to rearrange layers based on circuit design preference since it has been held that rearranging parts of an invention involved only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). Allowable Subject Matter Claims 1-19 are allowed. Regarding independent claim 1, Lee (US 2018/0,294,792) disclose a filter (100, 102) (Figs. 1A-1B, 3A-3B; paras. [0017], [0051]-[0052]) including: a bulk acoustic wave resonator (R12; R32; Figs. 1A, 3A) including a first electrode (T of R12, T of R32), a second electrode (B of R12, B of R32), a piezoelectric layer (P2 of R12; P2 of R32) positioned between the first electrode (T) and the second electrode (B), and an acoustic reflector (A2 of R12; A2 of R32) positioned between the first electrode (T) and a substrate (10) (paragraphs [0055]-[0058], [0080]-[0086]; Figs. 1A, 3A); and a capacitor (C11, C31; Figs. 1A, 3A) including an electrode (T of C11, T of C31) buried in a dielectric layer (D of C11, D of C31, 20), the dielectric layer extending between an acoustic reflector (A1, A2) and a substrate (10), the capacitor (C11, C31) connected in parallel with the bulk acoustic wave resonator (R12, R32) (paragraphs [0054]-[0058], [0066]-[0069], [0087]-[0090]; Figs. 1A-1B, 3A-3B). However, the cited prior art fails to further disclose or fairly suggest: the electrode being closer to the substrate than the first electrode, the electrode being closer to the substrate than the second electrode. Regarding independent claim 18, Lee (US 2018/0,294,792) disclose a filter (100, 102) (Figs. 1A-1B, 3A-3B; paras. [0017], [0051]-[0052]) including: a bulk acoustic wave resonator (R12; R32; Figs. 1A, 3A) including a first electrode (T of R12, T of R32), a second electrode (B of R12, B of R32), a piezoelectric layer (P2 of R12; P2 of R32) positioned between the first electrode (T) and the second electrode (B), and an acoustic reflector (A2 of R12; A2 of R32) positioned between the first electrode (T) and a substrate (10) (paragraphs [0055]-[0058], [0080]-[0086]; Figs. 1A, 3A); and a capacitor (C11, C31; Figs. 1A, 3A) including an electrode (T of C11, T of C31) buried in a dielectric layer (D of C11, D of C31, 20) the dielectric layer extending between an acoustic reflector (A1, A2) and a substrate (10), the capacitor (C11, C31) connected in parallel with the bulk acoustic wave resonator (R12, R32) (paragraphs [0056]-[0058], [0066]-[0069], [0087]-[0090]; Figs. 1A-1B, 3A-3B). Patel (US 2021/0,175,589) disclose a wireless communication device (102) (Figs. 1-2) comprising: a radio frequency front end (128) including a filter (filter) (¶ [0060]); an antenna (122) coupled to the radio frequency front end (128) (¶ [0021]; Figs. 2, 3-1); a transceiver (126) in communication with the radio frequency front end (128) (¶ [0063]); and a baseband processor (124) in communication with the transceiver (126) (¶ [0056]). However, the cited prior art fails to further disclose or fairly suggest: the electrode being closer to the substrate than the first electrode, the electrode being closer to the substrate than the second electrode. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. - Hao et al (EP 4,654,474) disclose a bulk acoustic wave resonator assembly comprising two bottom electrodes of two adjacent bulk acoustic wave resonators, wherein the second bottom electrode is disposed closer to the substrate of the assembly than the first bottom electrode - Tikka et al (US 2005/0,167,854) disclose a dielectric layer positioned between an acoustic reflector and a substrate - Larson et al (US 2005/0,093,657) disclose a bulk acoustic resonator having a first electrode and a second electrode, wherein the first electrode is closer to the substrate than the second electrode Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571)272-7891. The examiner can normally be reached M-F 9:00am-5:00pm. 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, Wesley Kim can be reached at (571) 272-7867. 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. /LANA N LE/Primary Examiner, Art Unit 2648
Read full office action

Prosecution Timeline

Apr 18, 2024
Application Filed
Apr 30, 2026
Non-Final Rejection mailed — §103
Jul 29, 2026
Response Filed
Oct 02, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
96%
With Interview (+13.8%)
2y 11m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 619 resolved cases by this examiner. Grant probability derived from career allowance rate.

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