CTNF 18/661,935 CTNF 85898 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 election of group I, Claims 1-15 without traverse is acknowledged. Applicant added Claims 21-25 and cancelled Claims 16-20 . Claims 1-15 and 21-25 are examined on the merit. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-15 and 21-24 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Abdel Aziz et al. (US 2011/0030472), (hereinafter, Abdel Aziz ) PNG media_image1.png 375 1079 media_image1.png Greyscale RE Claim 1, Abdel Aziz discloses in FIGS. 1-5 a MEMS-based mass-spring-damper system applied to MEMS gyroscopes and accelerometers, and a method of making the same, using an out-of-plane, or vertical suspension scheme, wherein the suspensions are normal to a proof mass, wherein out-of-plane suspension scheme helps the MEMS mass-spring-damper system to achieve inertial grade performance. Furthermore, the MEMS-based device shown in FIGS. 1-5 is made using SOI substrate 510, wherein with oxide layers 520/524/528 sandwiching crystalline silicon layers 522 and 526. The silicon oxide normally used in the masking of SOI substrate and is used as the oxide layer; hence it is implicit that layers 520/524/528 are made of silicon oxide. Abdel Aziz discloses a micro-electromechanical system (MEMS) device comprising: a movable structure located in a lateral confinement, referring to the annotated FIGS. 1C and 2L, wherein the movable structure comprises a center mass portion 20 including a portion of a first semiconductor material “silicon” and a first movable comb structure affixed 40A or 50A to a first side of the center mass portion 20, referring to FIGS. 1C and 5L; a first stationary comb structure “right and left sensor” affixed to a first sidewall of the lateral confinement, referring to FIGS. 1A, 1C and 2L and including first stationary comb fingers that are interdigitated with the respective set of movable comb fingers, referring to FIG. 1C of the first movable comb structure; and a semiconductor oxide “silicon oxide” plate 528 pattern at the bottom surface 514, referring to FIG. 5L including an oxide “silicon oxide” of the first semiconductor “silicon” material and covering a bottom surface of the center mass portion 20, referring to FIG. 5L. Since the substrate 510 is made of SOI “silicon-on-insulator”, wherein with oxide layers 520/524/528 sandwiching crystalline silicon layers 522 and 526. The silicon oxide normally used in the masking of SOI substrate and is used as the oxide layer; hence it is implicit that layers 520/524/528 are made of silicon oxide, hence meeting the claimed limitation. RE Claim 2, Abdel Aziz discloses a MEMS device, wherein: the movable structure, comprises a second movable comb structure “upper and lower sensors” affixed to a second side of the center mass portion 20, referring to FIG. 1C; and the MEMS device comprises a second stationary comb structure affixed to a second sidewall of the lateral confinement and including second stationary comb fingers that are interdigitated with second movable comb fingers “upper and lower sensors”, referring to FIG. 1C. RE Claim 3, Abdel Aziz discloses a MEMS device, wherein each of the first movable comb structure “left and right sensors” and the second movable comb structure “upper and lower sensors” comprises a respective comb shaft portion and a respective set of movable comb fingers laterally protruding from the respective comb shaft portion, referring to FIG. 1C as annotated above. RE Claim 4, Abdel Aziz discloses a MEMS device, wherein the semiconductor oxide plate 428 “silicon oxide pattern at the bottom surface 514 of the proof mass 20”, referring to FIG. 5L has a greater width than a lateral spacing between an interface between the center mass portion 20 and the first movable comb structure and an interface between the center mass portion and the second movable comb structure, referring to FIG. 5L. It is clear that the spacing lateral spacing between an interface between the center mass portion 20 and the first movable comb structure and an interface between the center mass portion and the second movable comb structure are narrower than the oxide plate 428 “silicon oxide pattern” at the bottom surface 514, hence meeting the claimed limitation. RE Claim 5, Abdel Aziz discloses a MEMS device, wherein a peripheral portion “sidewall” of the semiconductor oxide plate 428 silicon oxide pattern, referring to annotated FIG. 5L is physically exposed to the cavity “lateral confinement” between neighboring pairs of movable comb fingers 40A/50A within the first movable comb structure and between neighboring pairs of movable comb fingers within the second movable comb structure, referring to FIGS. 1C and 5L. RE Claim 6, Abdel Aziz discloses a MEMS device, wherein: the lateral confinement is located within an opening in a semiconductor matrix material layer “silicon substrate” 526 that comprises another portion of the first semiconductor material, referring to FIG. 5L; and each of the first movable comb structure 40A or 50A, the second movable comb structure, the first stationary comb structure, and the second stationary comb structure comprises a respective conductive fill material “SiGe conductive metal” portion having a different material composition than the first semiconductor material, referring to FIG. 5E and 5L [0051]. RE Claim 7, Abdel Aziz discloses a MEMS device, wherein each of the first movable comb structure 40A or 50A and the first stationary comb structure comprises a respective dielectric liner “silicon dioxide” that is physically exposed to a cavity within the lateral confinement and comprises a respective conductive fill material portion “SiGe conductive metal”, referring to FIGS. 5G, 5H and 5L [0052-0057]. RE Claim 8, Abdel Aziz discloses a MEMS device, wherein the MEMS device is configured “gyroscope” to detect displacement of the movable structure relative to the first stationary comb structure by sensing a change in capacitance of a capacitor structure including the first movable comb structure 40A/50A “right and left sensing structures” and the first stationary comb structure [0043]. RE Claim 9, Abdel Aziz discloses in FIGS. 1-5 a MEMS-based mass-spring-damper system applied to MEMS gyroscopes and accelerometers, and a method of making the same, using an out-of-plane, or vertical suspension scheme, wherein the suspensions are normal to a proof mass, wherein out-of-plane suspension scheme helps the MEMS mass-spring-damper system to achieve inertial grade performance. Furthermore, the MEMS-based device shown in FIGS. 1-5 is made using SOI substrate 510, wherein with oxide layers 520/524/528 sandwiching crystalline silicon layers 522 and 526. The silicon oxide normally used in the masking of SOI substrate and is used as the oxide layer; hence it is implicit that layers 520/524/528 are made of silicon oxide. Abdel Aziz discloses a micro-electromechanical system (MEMS) device comprising: a movable structure located in a lateral confinement, referring to FIGS. 1C and 5L “referring to the FIGS. annotation above, wherein: the movable structure comprises a center mass portion 20 including a portion of a first semiconductor material 522/526 and a first movable comb structure 40A/50A “right and left sensing structures” affixed to a first side of the center mass portion 20; the first movable comb structure 40A or 50A “right and left sensing structures” comprises a first comb shaft portion and first movable comb fingers laterally protruding from the first comb shaft portion, referring to FIG. 1C, as annotated above; the center mass portion 20 comprises a portion of a first semiconductor material “silicon” [0030]; and a first stationary comb structure is affixed to a first sidewall of the lateral confinement, referring to FIGS. 1C and 5L, the first stationary comb structure including first stationary comb fingers that are interdigitated with the first movable comb fingers of the first movable comb structure “right and left sensing structures”, referring to FIG. 1C. RE Claim 10, Abdel Aziz discloses a MEMS device, wherein the movable structure comprises a second movable comb structure “upper and lower sensing structure” affixed to a second side of the center mass portion 20, referring to FIGS.1C and 5L. RE Claim 11, Abdel Aziz discloses a MEMS device, further comprising a second stationary comb structure affixed to a second sidewall of the lateral confinement and including second stationary comb fingers that are interdigitated with second movable comb fingers “upper and lower sensing structure”, referring to FIG. 1C. RE Claim 12, Abdel Aziz discloses a MEMS device, further comprising a semiconductor oxide plate 428 “silicon oxide pattern at the bottom surface 514 of the proof mass 20” including an oxide, of the first semiconductor material “silicon” and covering an entirety of a bottom surface of the center mass portion 20. Since the substrate 510 is made of SOI “silicon-on-insulator”, wherein with oxide layers 520/524/528 sandwiching crystalline silicon layers 522 and 526. The silicon oxide normally used in the masking of SOI substrate and is used as the oxide layer; hence it is implicit that layers 520/524/528 are made of silicon oxide, hence meeting the claimed limitation. RE Claim 13, Abdel Aziz discloses a MEMS device, wherein the first comb shaft portion comprises a first dielectric liner “silicon dioxide liner” that is physically exposed to a cavity within the lateral confinement [0052-0054], referring to FIGS. 1C and 5L and a first conductive fill material “SiGe conductive metal” portion that continuously extends into the first movable comb fingers, referring to FIG. 5E and is laterally enclosed by the first dielectric liner “silicon dioxide liner” [0051-0054]. RE Claim 14, Abdel Aziz discloses a MEMS device, wherein the first stationary comb structure is attached to a suspension wall structure 60 located within the lateral confinement, referring to FIG. 5L [0029, 0032 and 0033]. RE Claim 15, Abdel Aziz discloses a MEMS device, wherein: the suspension wall structure 60 comprises a combination of a suspension spring fill material portion and a suspension spring dielectric liner “silicon dioxide liner”; and the suspension spring fill material portion comprises “SiGe conductive metal” a same material as inner portions of the first comb shaft portions and the first movable comb fingers “right and left sensing structure”. Examiner notes that suspension spring is merely a functional/intended use limitation that does not structurally distinguish the claimed invention over the prior art. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber , 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). It is the examiner position the SiGe conductive metal fill material and the silicon dioxide liner on suspension 60 are capable of performing the same function as the suspension spring, hence the claimed limitations are met. RE Claim 21, Abdel Aziz discloses in FIGS. 1-5 a MEMS-based mass-spring-damper system applied to MEMS gyroscopes and accelerometers, and a method of making the same, using an out-of-plane, or vertical suspension scheme, wherein the suspensions are normal to a proof mass, wherein out-of-plane suspension scheme helps the MEMS mass-spring-damper system to achieve inertial grade performance. Furthermore, the MEMS-based device shown in FIGS. 1-5 is made using SOI substrate 510, wherein with oxide layers 520/524/528 sandwiching crystalline silicon layers 522 and 526. The silicon oxide normally used in the masking of SOI substrate and is used as the oxide layer; hence it is implicit that layers 520/524/528 are made of silicon oxide. Abdel Aziz discloses a micro-electromechanical system (MEMS) device comprising: a semiconductor matrix material layer 522/526 comprising a first semiconductor material 526 and including a lateral confinement, referring to annotated FIGS. 1C and 5L; a movable structure located in the lateral confinement “proof mass and comb structure; wherein the movable structure comprises a center mass portion 20 and a first movable comb structure “right and left sensing structures” affixed to a first side of the center mass portion 20; a first stationary comb structure affixed to a first sidewall of the lateral confinement and including first stationary comb fingers that are interdigitated with first movable comb fingers of the first movable comb structure “right and left sensing structures”, referring to FIGS. 1C and 5L; and a semiconductor oxide plate 528 including an oxide “silicon oxide” of the first semiconductor material and covering a bottom surface of the center mass portion 20. Since the substrate 510 is made of SOI “silicon-on-insulator”, wherein with oxide layers 520/524/528 sandwiching crystalline silicon layers 522 and 526. The silicon oxide normally used in the masking of SOI substrate and is used as the oxide layer; hence it is implicit that layers 520/524/528 are made of silicon oxide, hence meeting the claimed limitation. RE Claim 22, Abdel Aziz discloses a MEMS device, wherein a peripheral portion “sidewall” of the semiconductor oxide plate 528 “silicon oxide pattern at bottom surface 514 of the proof mass 20” is exposed to a cavity between neighboring pairs of the first movable comb fingers within the first movable comb structure “right and left sensing structure”. RE Claim 23, Abdel Aziz discloses a MEMS device, wherein: the movable structure comprises a second movable comb structure “upper and lower sensing structures” affixed to a second side of the center mass portion 20, referring to FIG. 1C; and the MEMS device comprises a second stationary comb structure affixed to a second sidewall of the lateral confinement and including second stationary comb fingers that are interdigitated with second movable comb fingers “upper and lower sensing structures” of the second movable comb structure “upper and lower sensing structures”, referring to FIG. 1C. RE Claim 24, Abdel Aziz discloses a MEMS device, wherein the MEMS device is configured “gyroscope” to detect displacement of the movable structure relative to the first stationary comb structure by sensing a change in capacitance of a capacitor structure including the first movable comb structure 40A/50A “right and left sensing structures” and the first stationary comb structure [0043] . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 25 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASSER ABDELAZIEZ whose telephone number is (571)270-5783. The examiner can normally be reached Monday - Friday 9 am - 6 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, Leonard Chang can be reached at (571)270-3691. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YASSER A ABDELAZIEZ, PhD/Primary Examiner, Art Unit 2898 Application/Control Number: 18/661,935 Page 2 Art Unit: 2898 Application/Control Number: 18/661,935 Page 3 Art Unit: 2898 Application/Control Number: 18/661,935 Page 4 Art Unit: 2898 Application/Control Number: 18/661,935 Page 5 Art Unit: 2898 Application/Control Number: 18/661,935 Page 6 Art Unit: 2898 Application/Control Number: 18/661,935 Page 7 Art Unit: 2898 Application/Control Number: 18/661,935 Page 8 Art Unit: 2898 Application/Control Number: 18/661,935 Page 9 Art Unit: 2898 Application/Control Number: 18/661,935 Page 10 Art Unit: 2898 Application/Control Number: 18/661,935 Page 11 Art Unit: 2898
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