DETAILED ACTION
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.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dogiamis et al ( Dogiamis, US 2019/0141456 A1).
Regarding claim 1, Dogiamis shows a MEMS ([0024]) resonator that vibrates ([0022]) at a predetermined resonant frequency, the MEMS resonator comprising: a substrate (package substrate 700 in FIG. 7A and [0045]); a cavity ( cavity 742 in FIG. 7A and [0045]) provided in the substrate (substrate 700); a MEMS structure ( structure 736/732 in FIG. 7A) held within the cavity (cavity 742), the MEMS structure comprising: an anchor (conductive element 720/721) having a first end ( 721/720) and a second end (721/720), the first end being connected to the substrate (substrate 700); a vibrator ( vibrator 732/733) connected to the second end of the anchor and held in a hollow (see FIG. 7A/7B); and an electrode ( electrode 736) disposed around the vibrator (vibrator 732), the vibrator and the electrode forming a capacitive vibrator; and a cap layer ( insulation layer 735 in FIG. 7b) which is formed over the substrate (substrate 700) and seals the MEMS structure therein, wherein the anchor includes an isolation joint (by element 735 and 702 see FIG. 7B) having an insulation property disposed to electrically insulate the first end from the second end (see FIG. 7A/B).
Regarding claim 2, Dogiamis shows a MEMS ([0024]) resonator, wherein the electrode ( electrode 732) and the substrate (substrate 700) are also insulated by an isolation joint ( isolation element 735).
Regarding claim 4, Dogiamis shows a MEMS ([0024]) resonator, wherein the anchor (conductive element 720/721) is a pair of anchors connected to both sides of the vibrator and extending on one axis (see FIG. 7A/7B), and the vibrator has a point-symmetrical shape with respect to a point on the one axis (see FIG. 7A/7B).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Dogiamis et al ( Dogiamis, US 2019/0141456 A1) in view of Frey et al. (Frey, US 2013/0277774 A1).
Regarding claims 3 and 5, Dogiamis teaches a method for producing a MEMS resonator, comprising: a step of preparing a substrate (substrate 700); a MEMS structure producing step of etching the substrate to produce a lower cavity and a MEMS structure held in a hollow in the lower cab ([0025]) ; a step of depositing a sacrificial oxide film on the substrate; a step of etching a part of the sacrificial oxide film to produce an upper cavity, and producing, from the lower cavity and the upper cavity, a cavity in which the MEMS structure is held ([0025-0031]); and a sealing step of sealing the MEMS structure by depositing a cap layer ( insulation layer 735).
Dogiamis teach cap layer made of insulation layer, but fails to teach the insulation layer made of polycrystalline silicon on the substrate.
Fery teach a MEMS device wherein the cap layer can made of polycrystalline silicon ( [0025]).
At the time the invention was made, it would have been obvious to a person having ordinary skill in the art to use polycrystalline silicon cap layer because it would have protect the MEMS device as taught by Frey in [0025-0026]).
Allowable Subject Matter
Claims 6-9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIAS M ULLAH whose telephone number is (571)272-1415. The examiner can normally be reached M-F at 8AM-5PM EST.
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/ELIAS ULLAH/Primary Examiner, Art Unit 2893
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