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 6/19/24 and 12/25/25 are 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 21, 15-20 of U.S. Patent No. 12,044,646. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1, 15-20 of the instant application are anticipated by claims 21, 15-20 respectively of US Patent 12,044,646.
Double Patenting – Claims 1, 15-20
18/747,490
17/321,130
1. A fluid sensor, comprising:
a substrate having a first surface, a second surface opposite to the first surface and a
recess recessed from the first surface;
a protection layer over the first surface and lining the recess, wherein the protection layer
comprises a material different from that of the substrate;
a first conductive layer over the first surface of the substrate and lining the protection
layer in the recess;
a membrane over the second surface of the substrate and contacting the first conductive
layer and the protection layer at the second surface of the substrate; and
a through via connected to the recess and penetrating the first conductive layer.
1. A fluid sensor, comprising:
a substrate comprising a first material and having a first surface and a second surface
opposite to the first surface, wherein the substrate further comprises a recess recessed from the first surface;
a first conductive layer over the first surface of the substrate, wherein a portion of the first
conductive layer is in the recess;
a membrane over the second surface of the substrate, wherein the membrane contacts the
first conductive layer at the second surface of the substrate;
a protection layer between the first surface of the substrate and the first conductive layer,
wherein the protection layer comprises a second material, and
the protection layer covering a sidewall of the recess and being covered by the portion of the first conductive layer in the recess;
and
a through via connected to the recess, wherein the through via penetrates the first
conductive layer, and a portion of a sidewall of the through via is defined by the first conductive layer.
21.
The fluid sensor of Claim 1, wherein the protection layer contacts the membrane at
the second surface of the substrate.
15. A method for fabricating a fluid sensor, comprising:
forming a membrane over a backside of a substrate;
forming a recess from a front surface of the substrate to expose a portion of the membrane;
forming a protection layer lining the front surface of the substrate and a sidewall of the
recess;
forming a first conductive layer lining the protection layer over the front surface of the
substrate and the sidewall of the recess, wherein the first conductive layer contacts the membrane at a bottom of the recess; and
forming a through via connected to the recess by penetrating the membrane and the first
conductive layer, wherein a portion of the first conductive layer remains contacting with the
membrane.
15. A method for fabricating a fluid sensor, comprising:
forming a membrane over a backside of a substrate;
forming a recess from a front surface of the substrate to expose a portion of the membrane;
forming a protection layer over a sidewall of the recess;
forming a first conductive layer over the protection layer, wherein the protection layer is between the front surface of the substrate and the first conductive layer and between the sidewall of the recess and the first conductive layer in the recess, and the first conductive layer contacts the membrane at a bottom of the recess; and
forming a through via connected to the recess by penetrating the membrane and the first
conductive layer, wherein a portion of the first conductive layer remains contacting with the
membrane.
16. The method of Claim 15, wherein forming the through via comprises:
penetrating the membrane and the first conductive layer by a focus ion beam operation.
17. The method of Claim 15, further comprising:
forming a first photoresist layer on a side of the membrane in contact with the substrate
prior to forming the protection layer.
18. The method of Claim 17, further comprising:
removing the first photoresist layer subsequent to forming the protection layer.
19. The method of Claim 15, further comprising: forming a second conductive layer over the membrane prior to forming the through via.
20. The method of Claim 19, further comprising: forming a second photoresist layer prior to forming the second conductive layer.
16. The method of Claim 15, wherein forming the through via comprises: penetrating the membrane and the first conductive layer by a focus ion beam operation.
17.(Original) The method of Claim 15, further comprising forming a first photoresist layer on
a side of the membrane in contact with the substrate prior to forming the protection layer.
18.(Previously presented) The method of Claim 17, further comprising: removing the firstphotoresist layer subsequent to forming the protection layer.
1
9. (Original) The method of Claim 15, further comprising: forming a second conductive layer
over the membrane prior to forming the through via.
20.(Original) The method of Claim 19, further comprising: forming a second photoresist layer
prior to forming the second conductive layer.
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) 1, 2, 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al., US 6,682,649 in view of Benzel et al., US 7,572,660
Regarding claim 1, Petersen discloses a fluid sensor, comprising: a substrate having a first surface (Fig. 4a; substrate 12), a second surface opposite to the first surface and a recess recessed from the first surface (Fig. 4a; substrate having multiple surfaces and recessed portion); a protection layer over the first surface and lining the recess, wherein the protection layer comprises a material different from that of the substrate (Fig. 4a; silicon oxide layer 31); a first conductive layer over the first surface of the substrate and lining the protection layer in the recess (Fig. 4a; reference electrode 8); a membrane over the second surface of the substrate and contacting the protection layer at the second surface of the substrate (Fig. 4a; piping 32); and a through via connected to the recess (Fig. 4a; aperture 30).
Petersen is silent in the membrane contacting the first conductive layer and the through via penetrating the first conductive layer. Benzel teaches a membrane contacting a first conductive layer (Fig. 2; conductor 120 contacting insulating layer 210) and the through via penetrating the first conductive layer (Fig. 2; conductor 120 to through-plating 130 from the diaphragm top to the diaphragm bottom). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Benzel into Petersen since the substitution of the conductive layer contacting the membrane would produce the predictable result of detecting electrical properties of the fluid at multiple locations.
Regarding claim 2, Petersen is silent in wherein an entirety of a top surface of the protection layer over the first surface of the substrate is covered by the first conductive layer.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the conductive layer over an entirety of the protection layer, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It would have been within the level of one of ordinary skill in the art before the effective filling date of the invention to include the conductive layer throughout the protection layer so that small particles can also be detected by the conductive layer in all the areas of the device.
Regarding claim 7, Petersen is silent in wherein a sidewall of the membrane is substantially aligned with a sidewall of the first conductive layer, and a portion of the sidewall of the through via is defined in the membrane. Benzel teaches wherein a sidewall of the membrane is substantially aligned with a sidewall of the first conductive layer, and a portion of the sidewall of the through via is defined in the membrane (Fig. 2; conductor 120 contacting insulating layer 210). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Benzel into Petersen since the substitution of the conductive layer contacting the membrane would produce the predictable result of detecting electrical properties of the fluid at multiple locations.
Regarding claim 8, Petersen teaches wherein a portion of the membrane is free from being under a coverage of a vertical projection area of the substrate (Fig. 4a).
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al., US 6,682,649 in view of Benzel et al., US 7,572,660 in view of Srinivasan et al, US 20020014106
Regarding claim 3, Petersen is silent in wherein the membrane comprises the material of the protection layer. Srinivasan discloses wherein a membrane comprises the material of a protection layer(¶[0046]; support may be silicon dioxide). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teaching of Srinivasan into Petersen as modified since the substitution would produce the predictable result of insulating the conducive layer.
Regarding claim 4, Petersen is silent in wherein the material of the protection layer comprises silicon carbide. Srinivasan discloses wherein a material of a protection layer comprises silicon carbide (¶[0046]; support may be silicon carbide). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teaching of Srinivasan into Petersen as modified since the substitution would produce the predictable result of insulating the conducive layer.
Claim(s) 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al., US 6,682,649 in view of Benzel et al., US 7,572,660 in view of Sparks, US 20030121313
Regarding claim 5, Petersen is silent in further comprising a second conductive layer stacked with the second surface of the substrate. Sparks discloses a fluid sensor in which a second conductive layer stacked with the second surface of the substrate (Fig. 3; substrate 12, electrodes 20, 22 on each level are stacked with both surfaces of 12). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teaching of Sparks into Petersen as modified for the benefit of providing multiple sensing elements within a device so that particles are accurately detected through redundant operation.
Regarding claim 6, Petersen is silent in wherein the protection layer covers an entirety of a sidewall of the recess, and the first conductive layer covers an entirety of the protection layer in the recess. Knoll teaches wherein a protection layer covers an entirety of the sidewall of the recess (Fig. 4; layer 15 having recess) and the first conductive layer covers the protection layer in the recess (Fig. 4; layer 16 covers layers 15). Petersen as modified is silent wherein an entirety of the protection layer is coved by the conductive layer. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the conductive layer over an entirety of the protection layer, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It would have been within the level of one of ordinary skill in the art before the effective filling date of the invention to include the conductive layer throughout the protection layer so that small particles can also be detected by the conductive layer in all the areas of the device.
Allowable Subject Matter
Claim 9-14 are allowed.
Regarding claim 9, prior art does not disclose or suggest: “a chemical protection layer having a first portion over a first surface of the substrate, a second portion lines a sidewall of the recess, and a third portion over a second surface of the substrate opposite to the first surface, wherein the chemical protection layer comprises a material more anti-corrosive with respect to the fluid than a material of the substrate; a first conductive layer covering the first portion and the second portion of the chemical protection layer, wherein the third portion of the chemical protection layer has a top surface facing the second surface of the substrate, and the top surface of the third portion contacts the first conductive layer; and a through via connected to the recess and penetrating the first conductive layer and the third portion of the chemical protection layer” in combination with all the limitations of claim 9.
Conclusion
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/FEBA POTHEN/Examiner, Art Unit 2858