Prosecution Insights
Last updated: September 18, 2026
Application No. 18/703,704

MICROPHONE STRUCTURE, PACKAGING STRUCTURE, AND ELECTRONIC APPARATUS

Non-Final OA §102§103
Filed
Apr 22, 2024
Priority
Oct 22, 2021 — CN 202122557541.2 +9 more
Examiner
ASHBAHIAN, ERIC K
Art Unit
Tech Center
Assignee
Memsensing Microsystems (Suzhou China) Co. Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
338 granted / 497 resolved
+8.0% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
539
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 497 resolved cases

Office Action

§102 §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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the extension portion recites in claim 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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. 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, 23 and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nakamoto (US 2023/0269543) hereinafter “Nakamoto”. Regarding claim 1, Fig. 1 of Nakamoto teaches a microphone structure, wherein the microphone structure comprises: a base component (Top Item 102), the base component comprises at least one substrate (Top Item 102), the at least one substrate comprises a first substrate (Item 102), the first substrate has a first surface (Top surface of Item 102) and a second surface opposite (Bottom surface of Item 102) to the first surface, wherein a sound hole (Combination of Items 13 and 12; Paragraph 0042) is disposed on the first substrate (Top Item 102), and the sound hole (Combination of Items 13 and 12) penetrates through the first substrate (Top Item 102) in a thickness direction (Left to right across the page); a functional assembly, the functional assembly comprises a first functional assembly and a second functional assembly, the first functional assembly (Item 3) comprises an acoustic device (Paragraph 0053; microphone element) and a third functional assembly, the acoustic device (Item 3) is configured to receive a sound wave from the sound hole (Combination of Items 13 and 12), the first functional assembly is disposed on the first surface (Top surface of Item 102) of the first substrate (Top Item 102), and the second functional assembly is disposed on the second surface of the first substrate; the third functional assembly comprises a first metal portion (Item 2C) and a first insulating portion (Item 101), the first metal portion is disposed on the first surface (Top surface of Item 102) of the first substrate (Top Item 102), all of the first metal portion (Item 2C) is covered with the first insulating portion (Item 101); the second functional assembly comprises a second metal portion (Item 8) and a second insulating portion (Item Bottom Item 102), the second metal portion (Item 8) is disposed on the second surface (Bottom surface of Item 102) of the first substrate (Top Item 102), a part of the second metal portion (Item 8) is covered with the second insulating portion (Bottom Item 102), so that one end of the second metal portion facing the sound hole is exposed, the first metal portion (Item 2C) is configured to be electrically connected with the ground (Paragraph 0059) of the first substrate (Top Item 102), the second metal portion (Item 8) is configured to be electrically connected with the ground (Paragraph 0059) of the first substrate (Top Item 102), and the first metal portion (Item 2C) and the second metal portion (Item 8) are respectively configured to surround the sound hole (Item 13). Regarding claim 3, Fig. 1 of Nakamoto further teaches a distance between the first metal portion (Item 2C) and the sound hole (Combination of Items 13 and 12) plus a thickness of the first substrate (Top Item 102) is greater than a distance between the second metal portion (Item 8) and the sound hole, and the distance between the first metal portion (Item 2C) and the sound hole (Combination of Items 13 and 12) is greater than the distance between the second metal portion and the sound hole (Combination of Items 13 and 12). Regarding claim 23, Fig. 1 of Nakamoto further teaches a packaging structure, where the packaging structure comprises the microphone structure according to claim 1 (For brevity the rejection of claim 1 will not be repeated here; See rejection of claim 1 above). Regarding claim 24, Fig. 1 of Nakamoto further teaches an electronic apparatus, where the electronic apparatus comprises the microphone structure according to claim 1 (For brevity the rejection of claim 1 will not be repeated here; See rejection of claim 1 above). Claims 1, 2, 23 and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luan (US 2023/0030627) hereinafter “Luan”. Regarding claim 1, Fig. 1 of Luan teaches a microphone structure, wherein the microphone structure comprises: a base component (Item 112), the base component comprises at least one substrate (Item 112), the at least one substrate comprises a first substrate (Item 112), the first substrate (Item 112) has a first surface (Top surface of Item 112) and a second surface (Bottom surface of Item 112) opposite to the first surface, wherein a sound hole (Item 124) is disposed on the first substrate (Item 112), and the sound hole (Item 124) penetrates through the first substrate (Item 112) in a thickness direction (Up and down across the page); a functional assembly, the functional assembly comprises a first functional assembly (Item 142) and a second functional assembly, the first functional assembly comprises an acoustic device (Item 142; Paragraph 0023) and a third functional assembly, the acoustic device is configured to receive a sound wave from the sound hole (Item 124), the first functional assembly is disposed on the first surface (Top surface) of the first substrate (Item 112), and the second functional assembly is disposed on the second surface (Bottom surface) of the first substrate (Item 112); the third functional assembly comprises a first metal portion (Portion of Item 128 on the top surface of Item 112) and a first insulating portion (Item 152), the first metal portion (Portion of Item 128 on the top surface of Item 112) is disposed on the first surface (Top surface) of the first substrate (Item 112), a part of the first metal portion (Portion of item 128 on a top surface of Item 112) is covered with the first insulating portion (Item 152); the second functional assembly comprises a second metal portion (Portion of Item 128 on a bottom surface of Item 112) and a second insulating portion (Item 150), the second metal portion (Portion of Item 128 on a bottom surface of Item 112) is disposed on the second surface (Bottom surface) of the first substrate (Item 112), a part of the second metal portion (Portion of Item 128 on a bottom surface of Item 112) is covered with the second insulating portion (Item 150), so that one end of the second metal portion (Portion of Item 128 on a bottom surface of Item 112) facing the sound hole (Item 124) is exposed, the first metal portion (Portion of Item 128 on a top surface of Item 112) is configured to be electrically connected with the ground (Paragraph 0050 where lid Item 138 is ground and Item 138 is electrically connected to Item 128) of the first substrate (Item 112), the second metal portion (Portion of Item 128 on a bottom surface of Item 112) is configured to be electrically connected with the ground (Paragraph 0050 where lid Item 138 is ground and Item 138 is electrically connected to Item 128) of the first substrate (Item 112), and the first metal portion (Portion of Item 128 on a top surface of Item 112) and the second metal portion (Portion of Item 128 on a bottom surface of Item 112) are respectively configured to surround the sound hole (Item 124). Regarding claim 2, Fig. 1 of Luan further teaches where the first metal portion (Portion of Item 128 on a top surface of Item 112) further comprises an extension portion (Portion of Item 128 on a side of Item 112), an inner edge of the sound hole (Item 124) is covered with the extension portion (Portion of Item 128 on a side of Item 112), and the extension portion (Portion of Item 128 on a side of Item 112) is configured to be electrically connected with the second metal portion (Portion of Item 128 on a s bottom surface of Item 112), the second metal portion comprises an exposed region (Item 107) exposing out of the second surface (Bottom surface) of the first substrate (Item 112), and the exposed region is a partial region of the second metal portion (Portion of Item 128 on a bottom surface of Item 112). Regarding claim 23, Fig. 1 of Luan further teaches a packaging structure, where the packaging structure comprises the microphone structure according to claim 1 (For brevity the rejection of claim 1 will not be repeated here; See rejection of claim 1 above). Regarding claim 24, Fig. 1 of Luan further teaches an electronic apparatus, where the electronic apparatus comprises the microphone structure according to claim 1 (For brevity the rejection of claim 1 will not be repeated here; See rejection of claim 1 above). 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (US 2023/0269543) hereinafter “Nakamoto” in view of Luan (US 2023/0030627) hereinafter “Luan”. Regarding claim 2, Nakamoto teaches all of the elements of the claimed invention as stated above. Fig. 1 of Nakamoto further teaches where the first metal portion (Item 2C) further comprises an extension portion (Item 2B) and the extension portion is configured to be electrically connected with the second metal portion (Item 8), the second metal portion (Item 8) comprises an exposed region exposing out of the second surface (Bottom surface of Item 102) of the first substrate (Top Item 102), and the exposed region is a partial region of the second metal portion (Item 8). Nakamoto does not teach where an inner edge of the sound hole is covered with the extension portion. Fig. 1 of Luan teaches an extension portion (Portion of Item 128 on a side of Item 112) between and electrically connecting a metal layer (Top portion of Item 128) on a top surface of a substrate (Item 112) and a metal layer (Bottom portion of Item 128) on a bottom surface of the substrate (Item 112) is present on an inner edge of a sound hole (Item 124) such that the inner edge of the sound hole (Item 124) is covered with the extension portion (Portion of Item 128 on a side of Item 112). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the inner edge of the sound hole be covered with the extension portion because this a known way in which a metal portion on the top of a substrate may be electrically connected to a second metal portion on the bottom of a substrate (Luan Paragraph 0018). Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (US 2023/0269543) hereinafter “Nakamoto” in view of Chen et al. (US 9,162,869) hereinafter “Chen”. Regarding claim 4, Nakamoto teaches all of the elements of the claimed invention as stated above except where the second metal portion comprises a first grounding component and a second grounding component, the first grounding component and the second grounding component are respectively configured to surround the sound hole. Fig. 2 of Chen teaches where a second metal portion (Combination of Item 17 and Bottom Item 18) comprises a first grounding component (Bottom Item 18) and a second grounding component (Item 17), the first grounding component (Bottom Item 18) and the second grounding component (Item 17) are respectively configured to surround a sound hole (Hole through Item 11). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the second metal portion comprises a first grounding component and a second grounding component, the first grounding component and the second grounding component are respectively configured to surround the sound hole because the first and second grounding component are part of an electromagnetic shield for the microphone device (Chen Column 3, Lines 11-14). Regarding claim 8, the combination of Nakamoto and Chen teaches all of the elements of the claimed invention as stated above. Nakamoto does not teach where a sum of a distance between the first metal portion and a central axis of the sound hole and a distance from the first metal portion to an outer surface of the second functional assembly in a direction of the central axis of the sound hole is greater than a sum of a distance between the first grounding component and the central axis of the sound hole and a distance from the first grounding component to the outer surface of the second functional assembly in a direction of the central axis of the sound hole, and/or an area of the first metal portion is smaller than an area of the first grounding component. However, when the teaching in Chen is combined with the teaching in Nakamoto as stated in the rejection of claim 8, a sum of a distance between the first metal portion and a central axis of the sound hole and a distance from the first metal portion to an outer surface of the second functional assembly in a direction of the central axis of the sound hole is greater than a sum of a distance between the first grounding component and the central axis of the sound hole and a distance from the first grounding component to the outer surface of the second functional assembly in a direction of the central axis of the sound hole, and/or an area of the first metal portion is smaller than an area of the first grounding component. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (US 2023/0269543) hereinafter “Nakamoto” in view of Lee et al. (US 2023/0012838) hereinafter “Lee”. Regarding claim 9, Nakamoto teaches all of the elements of the claimed invention as stated above except where the base component further comprises a second substrate, the second substrate is disposed on a side of the first substrate facing away from the acoustic device, the second functional assembly further comprises a sound guide pipe and a whole machine housing, the sound guide pipe is disposed on the second surface of the first substrate, and the sound guide pipe runs through the second substrate and the whole machine housing, the first substrate, the second substrate and the whole machine housing are respectively configured to surround the sound hole. Fig. 4B of Lee teaches a base component comprises a second substrate, the second substrate is disposed on a side of a first substrate facing away from an acoustic device (Item 302), a second functional assembly further comprises a sound guide pipe (Item 30; Paragraph 0106) and a whole machine housing, the sound guide pipe (Item 30) is disposed on the second surface of the first substrate, and the sound guide pipe (Item 30) runs through the second substrate and the whole machine housing, the first substrate, the second substrate and the whole machine housing are respectively configured to surround the sound hole (Item 303). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the base component further comprises a second substrate, the second substrate is disposed on a side of the first substrate facing away from the acoustic device, the second functional assembly further comprises a sound guide pipe and a whole machine housing, the sound guide pipe is disposed on the second surface of the first substrate, and the sound guide pipe runs through the second substrate and the whole machine housing, the first substrate, the second substrate and the whole machine housing are respectively configured to surround the sound hole because the sound guide pipe may guide the sound introduced through the sound hole to the microphone or to an outside of the sound hole (Lee Paragraph 0106) and prevents foreign material from being introduced into the sound hole (Lee Paragraph 0106). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamoto (US 2023/0269543) hereinafter “Nakamoto” in view of Wang et al. (US 2018/0167723) hereinafter “Wang”. Regarding claim 17, Nakamoto teaches all of the elements of the claimed invention as stated above except where an electrostatic interception portion is disposed at an end of the second metal portion close to the sound hole, a part of a projection of the sound hole in a direction perpendicular to the first substrate is covered with a projection of the electrostatic interception portion in a direction perpendicular to the first substrate; wherein the electrostatic interception portion comprises at least one baffle, and a part of the sound hole is configured to be blocked by the at least one baffle. Wang teaches an electrostatic interception portion (Item 26; where the controller disconnects the external space and the sound hole) is disposed close to a sound hole, a part of a projection of the sound hole in a direction perpendicular to a first substrate (Item 202) is covered with a projection of the electrostatic interception portion (Item 26) in a direction perpendicular to the first substrate (Item 202); wherein the electrostatic interception portion (Item 26) comprises at least one baffle (Paragraph 0015), and a part of the sound hole is configured to be blocked by the at least one baffle (Item 26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an electrostatic interception portion is disposed at an end of the second metal portion close to the sound hole, a part of a projection of the sound hole in a direction perpendicular to the first substrate is covered with a projection of the electrostatic interception portion in a direction perpendicular to the first substrate; wherein the electrostatic interception portion comprises at least one baffle, and a part of the sound hole is configured to be blocked by the at least one baffle because the baffle serves to disconnect external space from the sound hole when desired (Wang Paragraph 0015). Allowable Subject Matter Claims 5, 10-16, 19, 21, 22 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 5, the prior art of record does not teach, suggest or motivate one having ordinary skill in the art to have the first grounding component and the second grounding component are respectively a metal ring, and an outside diameter of the first grounding component is smaller than an inside diameter of the second grounding component, the sound hole is disposed in an annular region, the annular region is defined by an inside diameter of the first grounding component; wherein a width of the metal ring constituting the first grounding component is smaller than a width of the metal ring constituting the second grounding component; and wherein the first grounding component and the second grounding component are configured to be electrically connected with the first metal portion through a via hole, the via hole penetrates through the first substrate along with all of the limitations of claims 1 and 4 from which claim 5 depends. Regarding claim 14, the prior art of record does not teach, suggest or motivate one having ordinary skill in the art to have at least one tip portion is disposed on the second metal portion, one end of the tip portion is attached to an inner edge of the second metal portion, the other end of the tip portion is configured to extend towards a geometric center of the sound hole along with all of the limitations of claim 1 from which claim 14 depends. Claims 15 and 16 are also indicated as including allowable subject matter as they depend from and include all of the limitations of claim 14. Regarding claim 10, the prior art of record does not teach, suggest or motivate one having ordinary skill in the art to have a metal block is disposed at an end of an inner wall of a pipe body of the sound guide pipe facing away from the acoustic device, and the metal block is configured to expose in a direction of facing the central axis of the sound hole along with all of the limitations of claims 1 and 9 from which claim 10 depends. Claim 11 is also indicated as including allowable subject matter as they depend from and include all of the limitations of claim 10. Regarding claim 12, the prior art of record does not teach, suggest or motivate one having ordinary skill in the art to have a bending path is defined by the sound guide pipe between the second substrate and the whole machine housing, a length of path of the bending path is greater than a distance from the second substrate to the whole machine housing, a sound wave is configured to enter the sound hole through the bending path along with the limitations of claims 1 and 9 from which claim 12 depends. Claim 13 is also indicated as including allowable subject matter as they depend from and include all of the limitations of claim 12. Regarding claim 19, the prior art of record does not teach, suggest or motivate one having ordinary skill in the art to have the third functional assembly further comprises an electrostatic dredging device, the electrostatic dredging device is configured to absorb an ESD arc enters the acoustic device, and the electrostatic dredging device is configured to discharge the absorbed ESD arc through the first metal portion and the second metal portion wherein a groove is disposed on the first surface of the first substrate, and the groove protrudes in a direction facing away from the acoustic device, and the groove is configured to place the electrostatic dredging device along with all of the limitations of claim 1. Claims 21 and 22 are also indicated as including allowable subject matter as they depend from and include all of the limitations of claim 19. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC K ASHBAHIAN whose telephone number is (571)270-5187. The examiner can normally be reached 8-5:30 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, Matthew Landau can be reached at 571-272-1731. 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. /ERIC K ASHBAHIAN/Primary Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Apr 22, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
73%
With Interview (+4.7%)
2y 9m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 497 resolved cases by this examiner. Grant probability derived from career allowance rate.

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