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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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) 1-6, 8-9 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Pub No 2018/0002168 A1 to Cargill et al. (“Cargill”).
As to claim 1, Cargill discloses a MEMS microphone, comprising: a substrate with a back cavity, a back plate spaced apart from substrate (see figures 1a-1b; pg. 1, ¶ 0005 - ¶ 0007); a diaphragm arranged between the substrate and the back plate and supported on the substrate, including: a membrane body spaced apart from the substrate and the back plate (see figures 1a-1b; pg. 1, ¶ 0007); an edge portion fixedly connected to the substrate (see figures 1a-1b and 3a; pg. 6, ¶ 0076 - ¶ 0077); a plurality of isolation islands spaced apart from the membrane body forming a slit between the membrane body and each of the plurality of the isolation islands (regions 302 and gaps 304, see figure 3a; pg. 5, ¶ 0073, ¶ 0075); and a plurality of beams located between two adjacent isolation islands and disposed at intervals along a circumferential direction of the diaphragm, connecting the edge portion with the membrane body (arms 303, see figures 3a; pg. 5, ¶ 0074), a connecting piece configured to fixedly connect each of the plurality of isolation islands with at least to one of the substrate and the back plate (mounts 306 and/or elements 702, see figures 3a, 6-7 and 10; pg. 6, ¶ 0076 - ¶ 0077, ¶ 0086; pg. 11, ¶ 0140).
As to claim 2, Cargill further discloses wherein the connecting piece is fixedly connected to the back plate, the connecting piece is integrally formed with the back plate (see figures 6 and 10; pg. 6, ¶ 0086; pg. 11, ¶ 0140).
As to claim 3, Cargill further discloses wherein the connecting piece includes a first connecting portion and a second connecting portion fixedly connected with the first connecting portion, the first connecting portion is fixedly connected to the back plate, and the second connecting portion is fixedly connected with a corresponding one of the plurality of isolation islands (upper and lower portions of support element 702, see figure 10).
As to claim 4, Cargill further discloses wherein a cross-sectional area of the first connecting portion is larger than that of the second connecting portion (upper portion wider than lower portion, see figure 10).
As to claim 5, Cargill further discloses wherein a cross-section of the first connecting portion and a cross-section of the second connecting portion are both circular (see figures 7 and 10).
As to claim 6, Cargill further discloses wherein an air gap is formed between each of the plurality of isolation islands and the back plate (see figure 10).
As to claim 8, Cargill further discloses wherein the connecting piece is fixedly connected to the substrate; and the connecting piece is integrally formed with the substrate (see pg. 6, ¶ 0076 - ¶ 0077).
As to claim 9, Cargill further discloses wherein the connecting piece includes an anchor which is fixedly connected between the corresponding one of the plurality of isolation islands and the substrate (see pg. 6, ¶ 0076 - ¶ 0077).
As to claim 11, Cargill further discloses wherein along a vibration direction of the diaphragm, an orthographic projection of each of the plurality of isolation islands on the back plate covers that of the connecting piece on the back plate; and/or, an orthographic projection of each of the plurality of isolation islands on the substrate covers that of the connecting piece on the substrate (see figures 3a, 6-7 and 10).
As to claim 12, Cargill further discloses wherein along a vibration direction of the diaphragm, an orthographic projection of the connecting piece on the corresponding one of the plurality of isolation islands is located in the center of the corresponding one of the plurality of isolation islands (along cross section line Y-Y’, see figure 7).
As to claim 13, Cargill further discloses wherein the beam is located between two adjacent slits (see figures 3and 7).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cargill.
As to claim 7, Cargill discloses the MEMS microphone according to claim 6.
Cargill does not expressly disclose wherein a connecting surface is formed at a position where the first connecting portion is fixedly connected with the second connecting portion; and along a vibration direction of the diaphragm, the air gap includes a first gap formed between a surface, facing towards the corresponding one of the plurality of isolation islands, of the back plate and the connecting surface, and includes a second gap formed between a surface, facing towards the back plate, of the corresponding one of the plurality of isolation islands and the connecting surface.
However such a configuration is considered obvious given the teachings of Cargill, and further as it has been held that changes in shape involve only routine skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In this case, configuring the connecting piece as having a connecting surface at first and second connecting portions, and air gaps being formed between a surface of the back plate and the connecting surface and the isolation islands and the connecting surface, is merely a straightforward possibility from which a skilled person would select when forming an extending support element as already taught by Cargill. Such a configuration would involve configuring the tapered element of Cargill as a stepped shape (see figure 10), and a stepped shape would still provide the support structure that connects the back plate to the inactive membrane portions, as well as provide the air gaps between the back plate and the inactive membrane portions already taught by Cargill.
7. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cargill in view of US Patent Pub No 2023/0319486 A1 to Mao et al. (“Mao”).
As to claim 10, Cargill discloses the MEMS microphone according to claim 9.
Cargill does not disclose wherein a cross-section of the anchor along a direction perpendicular to a vibration direction of the diaphragm is a hollow rounded rectangle; and the anchor is filled with an oxide isolation layer. However the use of an oxide isolation layer for the support or anchor is known in the art, as taught by Mao, which discloses a similar MEMS microphone, and further discloses a hollow or solid pillar structure between the backplate and the diaphragm that can include an insulating material such as silicone oxide (see pg. 3, ¶ 0040, ¶ 0043). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, depending on the construction and materials of the MEMS microphone. In addition, configuring the pillar as a hollow rounded rectangle filled with the oxide isolation is further considered merely a straightforward possibility from which a skilled person would select, as it has been held that changes in shape involve only routine skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In this case, the proposed modification would still provide a pillar structure between the backplate and the diaphragm that includes an insulating material such as silicone oxide, as already taught by Cargill in view of Mao.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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, Ahmad Matar can be reached at 5712727488. 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.
/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
Prosecution Insights