Prosecution Insights
Last updated: April 19, 2026
Application No. 18/708,654

ZERO-POWER OPERABLE CLASSIFICATION DEVICE AND SWITCHING DEVICE AND VOICE-OPERATED POWERLESS WAKE-UP SWITCH

Non-Final OA §102§103
Filed
May 09, 2024
Examiner
KRZYSTAN, ALEXANDER J
Art Unit
2694
Tech Center
2600 — Communications
Assignee
ETH ZÜRICH
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
88%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
913 granted / 1121 resolved
+19.4% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
38 currently pending
Career history
1159
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
37.1%
-2.9% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1121 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 . 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) 1,2,4-10,12, is/are rejected under 35 U.S.C. 102a1 as being anticipated by Rogers (US 20200166423 A1). As per claim 1, Rogers discloses a classification device for classifying an input signal which is an aperiodic (a microphone picks up all audio which comprises aperiodic vibrations and noise) vibration signal, the classification device comprising a network which is a vibratory network comprising a set of vibratory elements (162 fig. 1b) and a set of coupling elements (152,156, the edges of 150 that are not underneath elements 106)), each of the vibratory elements being coupled to one or more of the other vibratory elements by at least one of the coupling elements (107); and a support 156 for supporting the network, at least one of the vibratory elements being coupled to the support, in particular by at least one of the coupling elements 107; wherein the vibratory network has a shape such that the input signal is classified to be a trigger signal (classified to be one of the signals per para 34) or to be a signal other than a trigger signal (any other incident signal generated by the microphone that does not generate one of the signals in para 34), wherein the input signal is classified to be a trigger signal if, in reaction to coupling the input signal to the classification device, a magnitude related to one of the vibratory elements referred to as triggering element reaches or exceeds a threshold value (the amount of pressure/magnitude/displacement needed to create one of the defined results 170I or 170r or one of the defined signals in para 34); and the input signal is classified to be signal other than a trigger signal if in reaction to coupling the input signal to the classification device, the magnitude remains smaller than the threshold value (any signaling/pressure/magnitude smaller than one of the defined signals in para 34, additionally, any noise or signaling below the recognizeable threshold of the digital processor implementing the device); wherein the magnitude is a displacement of the triggering element relative to a position of rest of the triggering element (as shown in fig. 1b); a velocity of the triggering element (per para 34); or an acceleration of the triggering element (not mapped as recited in alternative). As per claim 2, the classification device according to claim 1, wherein one or more of: the set of vibratory elements comprising a subset of vibratory elements, wherein all the vibratory elements comprised in the subset of vibratory elements have different shapes (elements 106 have different shapes than elements 162); the set of coupling elements comprising a subset of coupling elements, wherein all the coupling elements comprised in the subset of coupling elements have different shapes (different portions of the coupling elements cited above have different shapes noting the elements shown in fig. 1b can be divided in differently shaped portions ) ; the network comprising a set of associated pairs, wherein each of the associated pairs comprises two of the vibratory elements of the set of vibratory elements which are coupled to one another by one or more of the coupling elements to establish a coupling between two the vibratory elements (the elements in fig. 1b, which are coupled to elements of the same size as per fig. 1a) which has a coupling stiffness, wherein the coupling stiffnesses of the couplings of all the associated pairs of the set of associated pairs differ from one another (para 49: By the choice of suitable dimensions of the cavity, vent hole and diaphragm, and by suitable choice of materials of the proper stiffness, the resulting pressure sensors of this design can be optimized for measurements at particular acoustic frequencies, where different frequencies would have different proper stiffness, additionally the different sizes of the same layer per figs 1a and 1b would also comprise different stiffness due to different size). As per claim 4, the classification device according to claim 1, wherein the network is generally has the shape of a plate having a plurality of openings going through the plate (per fig. 1a, and per the openings/vent holes per para 49). As per claim 5, the classification device of claim 1, the set of vibratory elements comprising at least 25 vibratory elements and the set of coupling elements comprising at least 35 coupling elements, more particularly the set of vibratory elements comprising at least 50 vibratory elements and the set of coupling elements comprising at least 70 coupling elements (per para 25: However, embodiments include a circuit board 101 having only one pressure sensor 106 and having an array with a greater or lesser number of pressure sensors 106). As per claim 6, use-of- a classification device according to one-of claim 1, wherein said classification device actuates a switching element (the element switches between detecting an incident em versus a reflected EM per fig. 1a). As per claim 7, Switching device, comprising a classification device according to claim 1 (the part of the processor to perform the steps of the claim 1 rejection) and a switching element, the classification device being operationally connected to the switching element to change a switching state of the switching element from a first switching state to a second switching state when the magnitude related to the triggering element reaches or exceeds the threshold value (the first switching state where 162 has not deformed, and the second switching stage where 162 has become measurably deformed). As per claim 8, the switching device according to claim 7, wherein the magnitude is the displacement, and the switching element comprises a first contact member which is movable from a first position to a second position (the deformable portions in fig. 1b), the classification device being arranged in proximity to the switching element to move the first contact member from the first position to the second position when the displacement of the triggering element reaches or exceeds a threshold displacement, to change the switching state from the first switching state to the second switching state (the different positions of thecontact member portions of the movable members in fig. 1a); (the other alternatives are not mapped) - the magnitude is the velocity, and the switching element comprises a coil, the switching element changing from the first switching state to the second switching state when a voltage induced in the coil exceeds a threshold voltage, the classification device comprising a magnet fixed to the triggering element, the magnet being arranged in proximity to the coil to induce in the coil a voltage which reaches or exceeds the threshold voltage when the velocity of the triggering element reaches or exceeds a threshold velocity, to change the switching state from the first switching state to the second switching state; - the magnitude is the velocity, and the switching element comprises a magnet,and the classification device comprising a coil fixed to the triggering element,the coil being operationally connected to the the switching element, the switching element changing from the first switching state to the second switching state when a voltage induced in the coil exceeds a threshold voltage, the magnet being arranged in proximity to the coil to induce in the coil a voltage which reaches or exceeds the threshold voltage when the velocity ofFiled with National Stage Application the triggering element reaches or exceeds a threshold velocity, to change the switching state from the first switching state to the second switching state; or- the magnitude is the acceleration, and the switching element changing from the first switching state to the second switching state when a voltage applied to a control input of the switching element exceeds a threshold voltage, the classification device comprising a piezo device fixed to the triggering element,the piezo device being in electrical communication with the control input to apply to the control input a voltage which reaches or exceeds the threshold voltage when the acceleration of the triggering element reaches or exceeds a threshold acceleration, to change the switching state from the first switching state to the second switching state. As per claim 9, the switching device according to claim 7, comprising a converter coupled to the network, for converting sound waves in a medium into the input signal when the converter is coupled to the medium, in particular comprising a membrane for picking up sound in a fluid, in particular in ambient air, the support being fixed to the membrane (the cavity/air and 162 in fig. 1a). As per claim 10, the switching device according to claim 7, which is a powerless voice-operated switch (the microphone will be activated via voice because it is a microphone. As per claim 12, A method for manufacturing a classification device according to claim 1, the method comprising providing a blank (required to produce the device of fig. 1b); producing openings in the blank by removing material from the blank to define the vibratory elements of the set of vibratory elements and the coupling elements of the set of coupling elements (the openings/cavities in fig. 1b). 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) 3,13,14,15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 20200166423 A1) as applied to claim 1,12, above. As per claim 3, Rogers discloses the classification device according to claim 1, but does not disclose: wherein the network is integrally formed from a non-metal material having a Young's modulus of at least 50 GPa, more particularly of at least 70 GPa. Rogers teaches that By the choice of suitable dimensions of the cavity, vent hole and diaphragm, and by suitable choice of materials of the proper stiffness, the resulting pressure sensors of this design can be optimized for measurements at particular acoustic frequencies (para 49). It would have been obvious to one skilled in the art to design the diaphragm stiffness/young’s modulus including to modulus of at least 50 GPa in order to optimized for measurements at particular acoustic frequencies. As per claim 13, the method according to claim 12, the blank being a wafer, in particular being a wafer of a material having a Young's modulus of at least 50 GPa (per claim 3 rejection), more particularly being one of a semiconductor wafer (per the dialectric layers per para 6); -or a quartz wafer; -or a silicon nitride wafer. As per claim 14, the method according to claim 13, Rogers discloses the blank but does not specify being attached to a further wafer during producing openings in the blank, in particular wherein the further wafer is a multilayer wafer, more particularly a multilayer wafer comprising an inhibition layer on a carrier layer. The examiner takes official notice it would have been well known in the art to use well known manufacturing techniques for the purpose of manufacturing the device, notably, the blank, wafer with multilayers and using an inhibition layer to make the disclosed cavities. As per claim 15, Rogers discloses the method according to claim 12, but does not specify the removing material from the blank comprising applying a microfabrication process, in particular one of - photolithography and subsequent etching, in particular reactive ion etching; - electron beam lithography and subsequent etching, in particular reactive ion etching; - laser cutting. The examiner takes official notice it is well known in the prior art that It would have been obvious to one skilled in the art to implement well known manufacturing techniques including photolithography and etching for the purpose of producing the multilayer semiconductor device. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 20200166423 A1) as applied to claim 1,7, above, and further in view of Vaidya et al (US 20190141297 A1). As per claim 11, Rogers discloses electrically operated device, but does not specify it comprising a power supply for supplying the electrically operated device with energy when the power supply is switched on, and a switching device according to claim 7, the switching device being operationally connected to the power supply to switch on the power supply when the switching state of the switching element is changed from the first switching state to the second switching state. Vaidya teaches that passive sensors can be used to wake up/switching element, via a power supply, a subsystem of a device based on detecting a state in the sensor so that such that potentially significant events or activities are detected and recorded. The sensor can be a microphone per para 1. It would have been obvious to one skilled in the art that the sensor microphone of Rogers could be used to trigger, via a connecting switch to a power supply, a wake function for the purpose of capturing significant events while saving power. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER KRZYSTAN whose telephone number is 571-272-7498, and whose email address is alexander.krzystan@uspto.gov The examiner can usually be reached on m-f 7:30-4:00 est. If attempts to reach the examiner by telephone or email are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571) 272-7547. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications. /ALEXANDER KRZYSTAN/Primary Examiner, Art Unit 2653 Examiner Alexander Krzystan March 9, 2026
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Prosecution Timeline

May 09, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
88%
With Interview (+6.9%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 1121 resolved cases by this examiner. Grant probability derived from career allow rate.

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