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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-5, 9, 14, and 15 in the reply filed on 6/3/26 is acknowledged.
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.
Claim(s) 1, 3, 5, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukumitsu et al. (US pub 20180127268).
With respect to claim 1, Fukumitsu et al. teach a MEMS device, comprising (see figs. 1-8, particularly fig. 7 and associated text):
a first substrate 20 including a MEMS structure F3;
a second substrate 30 facing the first substrate with an interval therebetween in a facing direction (vertically);
a first joint portion CK, CK’ including a eutectic layer including as a main material, a eutectic alloy of a plurality of types of metal, provided between the first substrate and the second substrate and surrounding the MEMS structure as viewed in the facing direction, and being joined to the first substrate and the second substrate;
a conductive contact layer H1 provided between the first substrate and the second substrate, being directly or indirectly in contact with the first substrate and directly or indirectly in contact with the second substrate, and that does not melt at a temperature at which the plurality of types of metal undergo a metal eutectic reaction (see para 0104); and
a first insulating layer S3’ provided on the contact layer and being electrically insulated.
With respect to claim 3, Fukumitsu et al. teach a second joint portion NK1, NK1’ including a eutectic layer including as a main material, the eutectic alloy of the plurality of types of metal, positioned inside the first joint portion as viewed in the facing direction between the first substrate and the second substrate, and being joined to the first substrate and the second substrate. See fig. 7 and associated text.
With respect to claim 5, Fukumitsu et al. teach the first insulating layer S3’ is embedded in at least one of the first substrate and the second substrate 30. See fig. 7 and associated text.
With respect to claim 9, Fukumitsu et al. teach the contact layer includes a portion of the plurality of types of metal (Al) included in the first joint portion. See para 0104.
Allowable Subject Matter
Claims 2, 4, and 14-15 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.
Examiner’s Cited References
The cited references generally show the similar or related structure having a joint portion having a mixture of metal materials and a contact having a single metal material between a lower substrate and an upper substrate as presently claimed by applicant.
Conclusion
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LONG . PHAM
Examiner
Art Unit 2823
/LONG PHAM/Primary Examiner, Art Unit 2897
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