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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07 August 2024 was filed prior to the mailing date of this office correspondence. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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Claims 1, 5 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 9-10 of U.S. Patent No. 12,244,299. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Though, claim 1 of the conflicting Patent does not recite “a bulk acoustic resonator”, one of ordinary skill in the art would have known from the recites structure that, the claimed device in the conflicting Patent is a bulk acoustic resonator. Further, though, the instant application claim 1 does not recite “including a diaphragm over the cavity”, or “hole extending in the diaphragm at an end of at least one finger of the plurality of interleaved fingers of the IDT”, one of ordinary skill in the art would have known that “a piezoelectric layer” recited in the instant claim is identical to “a diaphragm”. Furthermore, the recited “one elongated slot extends through the portion of the piezoelectric layer that is over the cavity” in claim 1 of the instant application is identical to “one hole extending in the diaphragm” recited in the conflicting Patent because the diaphragm comprises the piezoelectric layer.
Though, claim 5 of the instant application recites “a direction of acoustic energy flow of a primary shear acoustic wave is substantially orthogonal to the surface of the piezoelectric layer”, the recited limitation does not contribute over the conflicting Patent claim 3 because it is known that in shear acoustic modes, the direction of acoustic energy flow is orthogonal to the surface, unless otherwise structurally defined (if Applicant disagrees, see page 2 of Pang et.al., “Analytical and experimental study on the second harmonic mode response of a bulk acoustic wave resonator” one of the references listed in the 8/7/2024 IDS).
Note: the limitations of both sets of claims are listed with the conflicting portions have been underlined.
18/667,474
US 12,244,299
1. A bulk acoustic resonator comprising: a substrate comprising a plurality of layers and having a cavity disposed in at least one of the plurality of layers of the substrate; a piezoelectric layer attached to the substrate and including a portion that is over the cavity in the substrate; and an interdigital transducer (IDT) on a surface of the piezoelectric layer and including interleaved fingers on the portion of the piezoelectric layer that is over the cavity, wherein at least one elongated slot extends through the portion of the piezoelectric layer that is over the cavity.
1. An acoustic resonator, comprising: a substrate; a dielectric layer disposed on the substrate and having a cavity disposed therein; a piezoelectric layer disposed above the dielectric layer and including a diaphragm over the cavity in the dielectric layer; a conductor pattern at the piezoelectric layer and including an interdigital transducer (IDT) having a plurality of interleaved fingers on the diaphragm; and at least one hole extending in the diaphragm at an end of at least one finger of the plurality of interleaved fingers of the IDT.
5. The bulk acoustic resonator according to claim 1, wherein the piezoelectric layer and the IDT are configured such that a radio frequency signal applied to the IDT excites a primary shear acoustic mode in the piezoelectric layer, and a direction of acoustic energy flow of a primary shear acoustic wave is substantially orthogonal to the surface of the piezoelectric layer.
3. The acoustic resonator of claim 1, wherein the piezoelectric layer and the IDT are configured such that a radio frequency signal applied to the IDT excites a primarily shear acoustic mode in the diaphragm.
10. A bulk acoustic resonator comprising: a substrate; a piezoelectric layer attached to the substrate and including a portion that is over the cavity of the acoustic resonator; and an interdigital transducer (IDT) on a surface of the piezoelectric layer and including interleaved fingers on the portion of the piezoelectric layer that is over the cavity, wherein at least one elongated slot extends through the piezoelectric layer and is over the cavity in a direction orthogonal to the surface of the piezoelectric layer.
9. An acoustic resonator, comprising: a piezoelectric layer; a conductor pattern at the piezoelectric layer and including an interdigital transducer (IDT) having a plurality of interleaved fingers thereon; and at least one hole extending in the piezoelectric layer at an end of at least one finger of the plurality of interleaved fingers of the IDT.
10. The acoustic resonator of claim 9, further comprising: a substrate; and a dielectric layer disposed on the substrate and having a cavity disposed therein, wherein the piezoelectric layer includes a diaphragm over the cavity in the dielectric layer and the plurality of interleaved fingers of the IDT extend on the diaphragm.
Specification
The disclosure is objected to because of the following informalities:
In Specification, para. [0009] and [0025], “The XBAR is described in patent U.S. Pat. No. 10,491,291,” should read:
--The XBAR is described in patent U.S. Pat. No. 10,491,192, --
Appropriate correction is required.
Claim Objections
Claim 10 is objected to because of the following informalities:
In claim 10, lines 3-4: “a portion that is over the cavity” should read:
-- a portion that is over a cavity --
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 13 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 5, 13 and 20, the limitation “primary shear acoustic wave is substantially orthogonal to the surface” renders claim indefinite because both speciation and the claim fail to define the term “substantially” and one of ordinary skill in the art would not know what was meant by "substantially orthogonal”.
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.
Claim(s) 1, 6-10 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lv (US 20210313946).
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Annotated Fig. 4i, Lv.
Regarding claim 1, Lv teaches, a bulk acoustic resonator (bulk acoustic wave resonator, Title, Abstract) comprising:
a substrate (substrate 311 and silicon dioxide layer 312, see annotated Fig. 4i above) comprising a plurality of layers (first silicon substrate 311…a second silicon dioxide layer 312, Fig. 4i, para. [0042]) and having a cavity (cavity 313, cavity 313 is directly etched on the upper surface of the first silicon substrate 311, para. [0043]) disposed in at least one of the plurality of layers of the substrate;
a piezoelectric layer (piezoelectric film 414) attached to the substrate and including a portion that is over the cavity in the substrate (see Fig. 4i); and
an interdigital transducer (IDT) (IDT finger electrode 4131 and 4132, Fig. 4i, para. [0068]) on a surface of the piezoelectric layer and including interleaved fingers (first IDT finger electrode 4131 includes at least one first IDT finger, the second IDT finger electrode 4132 includes at least one second IDT finger, and the at least one first IDT finger and the at least one second IDT finger are alternately arranged at an interval, see Fig. 4b below, para. [0068]) on the portion of the piezoelectric layer that is over the cavity, wherein at least one elongated slot (a first channel 4171 or a second channel 4172, Fig. 4i) extends through the portion of the piezoelectric layer that is over the cavity (see annotated Fig. 4i).
Regarding claim 6, Lv teaches the recited limitations with respect to claim 1. Lv further teaches, the bulk acoustic resonator according to claim 1, wherein the IDT is disposed on the surface of the piezoelectric layer that is opposite the cavity (see the IDT finger electrode 4131 and 4132, Fig. 4i).
Regarding claim 7, Lv teaches the recited limitations with respect to claim 1. Lv further teaches, the bulk acoustic resonator according to claim 1, wherein the plurality of layers of the substrate include an oxide layer (silicon oxide layer 312, Fig. 4a, para. [0042]) and silicon layer (a first silicon substrate 311, para. [0042]), and wherein the cavity is disposed at least in the oxide layer (see Fig. 4i).
Regarding claim 8, Lv teaches the recited limitations with respect to claim 1. Lv further teaches, the bulk acoustic resonator according to claim 1, wherein one or more additional openings (channel 4171, see annotated Fig. 4i below) extend through the piezoelectric layer at a position outside the interleaved fingers of the IDT in a lateral direction of the surface of the piezoelectric layer (see Fig. 4i).
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Annotated Fig. 4i, Lv.
Regarding claim 9, Lv teaches the recited limitations with respect to claim 1. Lv further teaches, the bulk acoustic resonator according to claim 1, wherein the IDT comprises a pair of busbars (see annotated Fig. 4b below) from which the interleaved fingers extend, with the pair of busbars at least partially overlapping a perimeter of the cavity (see annotated Fig. 4i below) in a direction orthogonal to the surface of the piezoelectric layer (first IDT finger electrode 4131 includes at least one first IDT finger, the second IDT finger electrode 4132 includes at least one second IDT finger, and the at least one first IDT finger and the at least one second IDT finger are alternately arranged at an interval, see annotated Fig. 4i below and para. [0068]).
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Annotated Figs. 4b and 4i, Lv.
Regarding claim 10, Lv teaches, a bulk acoustic resonator (bulk acoustic wave resonator, Title, Abstract) comprising:
a substrate (see annotated Fig. 4i above);
a piezoelectric layer (piezoelectric film 414) attached to the substrate and including a portion that is over the cavity of the acoustic resonator; and
an interdigital transducer (IDT) (IDT finger electrode 4131 and 4132, Fig. 4i, para. [0068]) on a surface of the piezoelectric layer and including interleaved fingers on the portion of the piezoelectric layer that is over the cavity (first IDT finger electrode 4131 includes at least one first IDT finger, the second IDT finger electrode 4132 includes at least one second IDT finger, and the at least one first IDT finger and the at least one second IDT finger are alternately arranged at an interval, see Fig. 4b, para. [0068]),
wherein at least one elongated slot (a first channel 4171 or a second channel 4172, Fig. 4i) extends through the piezoelectric layer and is over the cavity in a direction orthogonal to the surface (see Fig. 4i) of the piezoelectric layer.
Regarding claim 14, Lv teaches the recited limitations with respect to claim 10. Lv further teaches, the bulk acoustic resonator according to claim 10, wherein the IDT is disposed on the surface of the piezoelectric layer that is opposite the cavity (see the IDT finger electrodes 4131 and 4132, Fig. 4i).
Regarding claim 15, Lv teaches the recited limitations with respect to claim 10. Lv further teaches, the bulk acoustic resonator according to claim 10, wherein the substrate comprises a plurality of layers that include an oxide layer (silicon oxide layer 312, Fig. 4i) and silicon layer (silicon substrate 311, Fig. 4i, para. [0042), and wherein the cavity is disposed at least in the oxide layer (see Fig. 4i).
Regarding claim 16, Lv teaches the recited limitations with respect to claim 10. Lv further teaches, the bulk acoustic resonator according to claim 10, wherein one or more additional openings (channel 4171, see annotated Fig. 4i above) extend through the piezoelectric layer at a position outside the interleaved fingers of the IDT in a lateral direction of the surface of the piezoelectric layer (see Fig. 4i).
Regarding claim 17, Lv teaches the recited limitations with respect to claim 10. Lv further teaches, the bulk acoustic resonator according to claim 10, wherein the IDT comprises a pair of busbars (see annotated Fig. 4b above) from which the interleaved fingers extend, with the pair of busbars at least partially overlapping a perimeter of the cavity (see annotated Fig. 4i) in a direction orthogonal to the surface of the piezoelectric layer (first IDT finger electrode 4131 includes at least one first IDT finger, the second IDT finger electrode 4132 includes at least one second IDT finger, and the at least one first IDT finger and the at least one second IDT finger are alternately arranged at an interval, see Fig. 4i, para. [0068]).
Claim(s) 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Omura (US 20170250671).
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Annotated Fig. 1B, Omura.
Regarding claim 18, Omura teaches, a filter device (an elastic wave filter in which a plurality of elastic wave resonators are connected, para. [0100]) comprising:
a plurality of bulk acoustic resonators (a plurality of elastic wave resonators, see para. [0100], elastic wave resonators are bulk acoustic resonators), with at least one of the plurality of bulk acoustic resonators comprising:
a substrate (reinforcement substrate 3 and the support substrate 2, see annotated Fig. 1B, reinforcement substrate 3 is laminated on the lower surface 2b of the support substrate 2, para. [0036]) comprising a plurality of layers (layers 3 and 2) and having a cavity (hollow section 5, Fig. 1B) disposed in at least one of the plurality of layers of the substrate (see the hollow section 5 in Fig. 1B),
a piezoelectric layer (piezoelectric substrate 4, Fig. 1B) attached to the substrate and including a portion that is over the cavity in the substrate (hollow section 5 enclosed by the recess 2c and the piezoelectric substrate 4, para. [0039]), and
an interdigital transducer (IDT) (IDT electrode 6, an IDT electrode 6…is provided on a piezoelectric substrate 4, para. [0058]) on a surface of the piezoelectric layer and including interleaved fingers (first electrode fingers 6c is connected to the first busbar 6a…each of a plurality of second electrode fingers 6d is connected to the second busbar 6b, para. [0043]) on the portion of the piezoelectric layer that is over the cavity (see Fig. 1B),
wherein at least one opening (passing-through sections 4d, Fig. 1B) extends through the portion of the piezoelectric layer that is over the cavity, the at least one opening being an elongated slot (passing-through sections 4d and 4e in specified regions in the piezoelectric substrate 4, see the passing-through sections 4d and 4e in Fig. 1A).
Regarding claim 19, Omura teaches the recited limitations with respect to claim 18, Omura further teaches, the filter device according to claim 18, wherein the elongated slot (passing-through sections 4d and 4e) is disposed between a pair of adjacent fingers of the IDT (see Fig. 1A) and extends in a lengthwise direction that is parallel to the pair of adjacent fingers (passing-through sections 4d and 4e are each provided in a region between the electrode fingers that are adjacent to each other in the elastic wave propagation direction, para. [0045], see the passing-through sections 4d and 4e in Fig. 1A).
Regarding claim 20, Omura teaches the recited limitations with respect to claim 18, Omura further teaches, the filter device according to claim 18, wherein the piezoelectric layer and the IDT of the at least one bulk acoustic resonator are configured such that a radio frequency signal applied to the IDT excites a primary shear acoustic mode in the piezoelectric layer (piezoelectric substrate 4 is thin, …makes it possible to sufficiently excite plate waves, para. [0037], plate waves are shear acoustic waves), and a direction of acoustic energy flow of a primary shear acoustic wave is substantially orthogonal to the surface of the piezoelectric layer (one of ordinary skill in the art would have known that, in shear acoustic mode, the particle motion is in a direction perpendicular to the wave propagation path. If Applicant disagrees, see page 2 of Pang et.al).
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(s) 2-5 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lv as applied to claims 1 and 10 above, and further in view of Omura.
Regarding claims 2-4 and 11-12, Lv does not explicitly teach the recited limitations. However, Omura further teaches,
2. The bulk acoustic resonator according to claim 1, wherein the at least one elongated slot is configured to enable the cavity to be formed in the plurality of layers of the substrate (passing-through sections 4d and 4e are used as etching holes in a process of forming the hollow section 5, para. [0048]).
3. The bulk acoustic resonator according to claim 1, wherein the at least one elongated slot is disposed between a pair of adjacent fingers of the IDT (the passing-through sections 4d and 4e are each provided in a region between the electrode fingers that are adjacent to each other inside the minimum rectangular or substantially rectangular region A encompassing the IDT electrode, para. [0051], see Fig. 1A).
4. The bulk acoustic resonator according to claim 3, wherein the at least one elongated slot extends in a lengthwise direction that is parallel to the pair of adjacent fingers (see Fig. 1A, the passing-through sections 4d and 4e are each provided in a region between the electrode fingers that are adjacent to each other inside the minimum rectangular or substantially rectangular region A encompassing the IDT electrode, para. [0051], see Fig. 1A).
11. The bulk acoustic resonator according to claim 10, wherein the at least one elongated slot is configured to enable the cavity to be formed in the plurality of layers of the substrate (passing-through sections 4d and 4e are used as etching holes in a process of forming the hollow section 5, para. [0048]).
12. The bulk acoustic resonator according to claim 10, wherein the at least one elongated slot is disposed between a pair of adjacent fingers of the IDT (the passing-through sections 4d and 4e are each provided in a region between the electrode fingers that are adjacent to each other inside the minimum rectangular or substantially rectangular region A encompassing the IDT electrode, para. [0051]).
Therefore, in view of the teachings of Omura, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the bulk acoustic resonator of Lv and to form the first and the second channels 4171 and 4172 between the IDT fingers and enable the channels 4171 and 4172 for etching the cavity 313 so that it enables to realize the miniaturization of the device without noticeably decreasing the excitation efficiency of plate waves as Omura disclosed in para. [0051].
Regarding claim 5, Lv teaches the recited limitations with respect to claim 1. Lv further teaches, the bulk acoustic resonator according to claim 1, wherein the piezoelectric layer and the IDT are configured such that a radio frequency signal applied to the IDT excites a primary shear acoustic mode in the piezoelectric layer (see para. [0003]).
Lv does not explicitly teach acoustic energy flow of a primary shear acoustic wave. However, Omura further teaches, a direction of acoustic energy flow of a primary shear acoustic wave is substantially orthogonal to the surface of the piezoelectric layer (excite plate waves, para. [0037]). One of ordinary skill in the art would have known that, in shear acoustic mode, the particle motion is in a direction perpendicular to the wave propagation path (if Applicant disagrees, see Pang et.al., “Analytical and experimental study on the second harmonic mode response of a bulk acoustic wave resonator” one of the references listed in the 8/7/2024 IDS). Therefore, in view of the teachings of Omura, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the bulk acoustic resonator of Lv and excite a plate wave so that it enables miniaturizing the device without noticeably decreasing the excitation efficiency of plate waves as Omura disclosed in para. [0051].
Regarding claim 13, Lv teaches the recited limitations with respect to claim 10. Lv further teaches, the bulk acoustic resonator according to claim 10, wherein the piezoelectric layer and the IDT are configured such that a radio frequency signal (see para. [0003]) applied. Lv does not explicitly teach a primary shear acoustic mode. However, Omura further teaches, the IDT excites a primary shear acoustic mode (excite plate waves, para. [0037]) in the piezoelectric layer, and a direction of acoustic energy flow of a primary shear acoustic wave is substantially orthogonal to the surface of the piezoelectric layer (plate wave is a shear acoustic wave). Please also refer to the rationale for combination regarding claim 5, as it is applicable to claim 13 in the same manner.
Conclusion
Prior art Stokes (US 20180138885) teaches a bulk acoustic wave resonator including a substrate comprising a plurality of layers and having a cavity disposed in the layers of the substrate; a piezoelectric layer attached to the substrate and including a portion that is over the cavity in the substrate; and an interdigital transducer on a surface of the piezoelectric layer and an elongated slot extends through the portion of the piezoelectric layer that is over the cavity.
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/JOSE K ABRAHAM/Examiner, Art Unit 3729