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
Applicant submitted an updated version of specification, received on 4/17/2026. Previous objection is withdrawn.
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 1-9, 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terashima US 2022/0353606 A1.
Regarding claim 1, Terashima teaches an apparatus comprising: a microelectromechanical systems (MEMS) chip (Fig 1,8 [10], microphone, para 110) having a movable member(Fig 1, 8 [102], Diaphragm, para 64) coupled to a front chamber (Fig 1,8 [121], through-hole, the mems chip and movable are connected to the hole, see para 66, 68); and an attenuator chip (Fig 8 [14A, 14B], Helmholtz resonator, para 112) coupled to the MEMS chip and having an array of attenuators arranged around a port (Fig 1,8 (101), hole, para 68) that is open to the front chamber, wherein each attenuator of the array of attenuators comprises a neck (Fig 8 [141A & 141B], opening, para 115,117) having a first open end directly coupled to the port and a second open end coupled directly to a cavity that opens only to the neck (In Fig 15, which is a modification of the fourth embodiment [Fig 8], the port, which is directly connected to the sound channel [131], has four neck portions coupled to their respective cavities. This forms the first resonator [14A]. which the cavity [142A] opens only to the neck. See para 169).
Regarding claim 2, Terashima teaches wherein the cavity (Fig 8 [142A & 142B] is formed within the attenuator chip (Fig 8 [14A, 14B]) and comprises a number of sidewalls that extend from a top side (Fig 8 [141A & 141B] to a bottom side (Fig 8 [141A & 141B] of the attenuator chip to enclose the cavity and separate the cavity from a cavity of another attenuator of the array of attenuators (In Fig 8, the acoustic member comprises of the 1st substrate [12] and the 2nd substrate [13C], which enclose the cavity portion of each resonator. In Fig 15, a modification of Fig 8 showing the top view of the structure, there are sidewalls for each respective resonator. See para 112, 159).
Regarding claim 3, Terashima teaches wherein the neck (Fig 8 (141[A, B])) and the cavity (Fig 8 (142[A, B])) have different heights (each cavity has a different volume size with respect to their neck portion formed. See para [119]).
Regarding claim 4, Terashima teaches wherein at least one attenuator (Fig8[14 A, B]) of the array of attenuators comprises a different characteristic than another attenuator that is selected attenuate different ultrasonic frequencies (Fig3[301,302], Figure 3, relative sensitivity v. frequency, the specific frequency of the resonator in the second substrate (Fig1[13]) absorbs 20 kHz or more resonance from the ultrasonic band. The result of this action is that most resonance generate (Peak) is reduced. In para 82, as sound transvers through the sound channel (Fig1,8[131]), either resonator changes the frequencies that it encounters. The formations between the different necks and cavities within the resonator contribute).
Regarding claim 5, Terashima teaches wherein the different characteristic comprises a length of the neck (Fig 8, 9 [141A, B], para 127,) between the port (Fig 8 [101], Fig 9 [131]) and the cavity (Fig 8 [14A, 14B]) formed within the attenuator chip (Fig 8 [14A, 14B], the horizontal length between neck and cavity portions are different as they move further from the port. See para 127).
Regarding claim 6, Terashima teaches wherein the different characteristic comprises a shape (fig 10 [14A, 14B], para 138) of the neck (Fig 8 [141 B]) between the port and the cavity formed within the attenuator chip (Fig 8 [14A, B], the neck portion may have prismatic shape based on the cross section near the sound opening (Fig 8 [131]). The different neck (Fig 8 [143]) portion increase with the addition of the second substrate leading to the opening. See para 150, 151, and 153).
Regarding claim 7, Terashima teaches wherein different characteristic comprises a volume or shape of the cavity (fig 8 [142A,142B]) coupled to the neck of the attenuator chip (Fig 8 [14A, 14B], the resonator is able to reduce the frequency’s peak due to the different volume of the cavity portion. See para 115).
Regarding claim 8, Terashima teaches wherein the attenuator (Fig 8[14 A, B) comprises a top cap (Fig 8 [12]), a bottom cap (Fig 8 [13C]) and a wafer (Fig 8 [13C]) between the top cap and the bottom cap. (In fig. 8, with the 1st substrate (12) and the 2nd substrate (13C), two resonators are present. The sound channel (131) to the port (101) act as the boundary. The figure below, A is the top cap of the resonator, B is the linking piece between the two substrates and a part of the 2nd substrate, and C is the bottom cap of the resonator which is a part of 2nd substrate. See para 112.
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Regarding claim 9, Terashima teaches further comprising a post (Fig 8 [13C]) between the top cap (Fig 8 [12]) and the bottom cap (Fig 8 [13C]) (following Fig 8 and Fig 10, contact between the first substrate (Fig8[12]) and second substrate (Fig8[13C] becomes larger, reinforcing the first substrate’s strength. This reinforcement in the second substrate is the post. See para 119 (different cavity size) and para 140).
Regarding claim 11, Terashima teaches wherein the movable member (Fig 8 [102]) comprise a plate (Fig 8 [102],) operable to move in response to a wave of sound or a pressure change within the front chamber (Fig 8 [121], through hole, (the diaphragm similar to a plate, vibrates on contact from acoustic pressure, which affects the electrical signal. See para 66).
Regarding claim 12, Terashima teaches wherein the mems (Fig 1, 8 [10]) chip comprises an actuator or a sensor (Fig 1, 8 [10, 102], the microphone, a mems component, has a sensitivity range to the ultrasonic band due to receiving sound. The diaphragm is part of microphone, which is a sensor, and diaphragm vibrates on contact to acoustic pressure. This process affects electric signal and audio amplifier. See para 4 and 66).
Regarding claim 13, Terashima teaches further comprising a package substrate (Fig 8 [12,13]) coupled to the mems chip (Fig 8 [10]). (The package of substrate is two or more substrate (Fig 8 [12 & 13]) and the mems (Fig 8 [10]) sits (coupled) on first substrate. See para 65).
Regarding claim 14, Terashima teaches wherein the package substrate (Fig 8 [12,13C]) comprises a cavity (Fig 8 [142(A,B)]) coupled to a neck (Fig 8 [141(A,B)]) of at least one attenuator of the array of attenuators (Figure 8[14A,B], the coupled cavity and neck are within the attenuator and substrate. See para 112 and 115).
Regarding claim 15, Terashima teaches wherein the package substrate ((Fig 8 [12,13C]) is coupled to a top side of the attenuator (Fig 8 [14A]) chip and a bottom side of the MEMS ((Fig 8 [10], the first substrate (12) is located between the attenuator and the mems. See para 110 and 111.
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.
Claims 10 are rejected under 35 U.S.C. 103 as being unpatentable over Terashima (US Publication) 20220353606 A1 in view of Zou (US Publication) 20210078856 A1.
Regarding claim 10, Terashima teaches wherein to the port (Fig 8 [101])
Terashima does not explicitly teach a membrane is coupled and the membrane comprises a number of holes.
Zou discloses a membrane (Fig 1 [402], mesh membrane) is coupled and the membrane comprises a number of holes (In Fig 4-8) (In Fig 1, the mesh membrane is bonded with 1st and 2nd substrate [403 and 402, respectively] over a port, see para 41,43. The array of holes are integrated to the mesh membrane, see para 48, 50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a membrane is coupled to the port and the membrane comprises a number of holes as taught by Zou in Terashima’s invention. The motivation would have been in order to prevent particles from entering the air gap of the MEMS microphone device. In para 48, in Zou
Claims 16 -22 are rejected under 35 U.S.C. 103 as being unpatentable over Terashima (US Publication) 20220353606 A1 in view of Hrudey (US Publication) 20230092004 A1.
Regarding claim 16, Terashima teaches an apparatus comprising: an attenuator chip (Fig 8 [14A, 14B], Helmholtz resonator, para 112) comprising :
Terashima does not explicitly a first wafer having a port extending from a top side to a bottom side of the wafer, and an a first array of attenuators formed within the first wafer and arranged around the port, wherein each attenuator of the first array of attenuators comprises a neck coupled directly to the port and a cavity; and a second wafer coupled to the top side or the bottom side of the first wafer and having a port vertically aligned with the port of the first wafer, and a second array of attenuators formed within the second wafer and arranged around the port, wherein each attenuator of the second array of attenuators comprises a neck coupled directly to the port and a cavity.
Hrudey discloses a first wafer (Fig 14 [1206C], top portion, part of a substrate, para 59) having a port (Fig 14 [1208]) extending from a top side to a bottom side of the wafer and, and a first array of attenuators (Fig 11 [1116, 1118], para 59, which is used in Fig 14) formed within the first wafer and arranged around the port , wherein each attenuator of the first array of attenuators comprises a neck coupled directly to the port and a cavity (In Fig 14, the array of attenuators are coupled around the port and have a neck portion leading towards a cavity, para 59); and a second wafer (Fig 14 [1206D], bottom portion, part of a substrate, para 59)coupled to the top side or the bottom side of the first wafer and having a port vertically aligned with the port of the first wafer (In Fig 14, the attenuators are vertically aligned with the port), and a second array of attenuators formed within the second wafer and arranged around the port ( Similarly to the first wafer, the attenuators (Fig 11 [1116, 1118]) are positioned around the port [1208]), wherein each attenuator of the second array of attenuators comprises a neck (Fig 11 [1118]) coupled directly to the port and a cavity (In Fig 14, the second row of attenuators are has a neck portion that leads into two cavities).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a first wafer having a port extending from a top side to a bottom side of the wafer, and an a first array of attenuators formed within the first wafer and arranged around the port, wherein each attenuator of the first array of attenuators comprises a neck coupled directly to the port and a cavity; and a second wafer coupled to the top side or the bottom side of the first wafer and having a port vertically aligned with the port of the first wafer, and a second array of attenuators formed within the second wafer and arranged around the port, wherein each attenuator of the second array of attenuators comprises a neck coupled directly to the port and a cavity. as taught by Hrudey in Terashima’s invention. The motivation would have been to allow for attenuation of acoustic waves traveling through the port/pathways. In para 59, in Hrudey
Regarding claim 17, Terashima teaches the neck comprises a different dimension than a neck of an adjacent attenuator (Fig 15 [14A, 14B], para 169)
Terashima does not explicitly teach wherein the neck comprises a first open end coupled to the port and a second open end coupled to the cavity, the neck comprises a different dimension than a neck of an adjacent attenuator, and the cavity is a separately enclosed cavity formed within the wafer that opens only to the neck.
Hrudey discloses wherein the neck comprises a first open end coupled to the port (Fig 8 [1208], para 59) and a second open end coupled to the cavity (Fig 11 [1116, 1118], para 56, which is used in Fig 14), the neck comprises a different dimension than a neck of an adjacent attenuator, and the cavity is a separately enclosed cavity formed within the wafer that opens only to the neck. (In Figure 14, following each attenuator, the necks connect to an enclosed cavity within the substrate [1206] with only a single opening to the port).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein the neck comprises a first open end coupled to the port and a second open end coupled to the cavity, and the cavity is a separately enclosed cavity formed within the wafer that opens only to the neck as taught by Hrudey in Terashima’s invention. The motivation would have been to allow for attenuation of acoustic waves traveling through the port/pathways. In para 59, in Hrudey
Regarding claim 18, Terashima teaches wherein at least one attenuator of the array of attenuators (Fig 8 [14 A,B]) comprises a different characteristic than another attenuator that is selected attenuate different ultrasonic frequencies (Fig 3 [301,302]). In Fig 8-10, both 1st and 2nd resonators have different resonance frequencies after being formed with first substrate (12) and second substrate (13C). As a result, the frequencies are reduced due to their respective neck and cavity portions. For the 2nd resonator (14 B), the signal characteristic can be altered by the amount of neck portions. See para 131, 139, and 140).
Regarding claim 19, Terashima teaches the attenuator chip (Fig 8 [14A, 14B], para 112)
Terashima does not explicitly teach wherein further comprises a third wafer coupled to the first wafer or the second wafer, and the third wafer comprises a port vertically aligned with the port through the first wafer and the second wafer, and a third array of attenuators arranged around the port.
Hrudey discloses wherein further comprises a third wafer (Fig 14, substrate [1206], comprise of a series of stacked substrates) coupled to the first wafer or the second wafer (Fig 14, Substrate [1206C, 1206D]), and the third wafer comprises a port (Fig 14 [1208], para 59) vertically aligned with the port through the first wafer and the second wafer, and a third array of attenuators arranged around the port. (Although not shown, any one or more additional attenuators may be arranged along an additional side of the acoustic pathway/port. Also, attenuator [1116, 1118] can be arranged in any array or pattern. See para 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of wherein further comprises a third wafer coupled to the first wafer or the second wafer, and the third wafer comprises a port vertically aligned with the port through the first wafer and the second wafer, and a third array of attenuators arranged around the port as taught by Hrudey in Terashima’s invention. The motivation would have been to allow for attenuation of acoustic waves traveling through the port/pathways. In para 59, in Hrudey.
Regarding claim 20, Terashima teaches wherein the attenuator chip (Fig 8 [14A, 14B], para 112) comprises a top cap (Fig 8 [12], first substrate, para 111), a bottom cap (Fig 8 [13C], second substrate, para 111) and wafer are between the top cap and the bottom cap.
Terashima does not explicitly teach the first or the second wafer
Hrudey discloses the first or the second wafer. (In Fig 14, the substrate [1206] comprises of the first [1206C] and second [1206D] wafers stacked and aligned with the port , para 59)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of the first or the second wafer as taught by Hrudey in Terashima’s invention. The motivation would have been to allow for absorbing ultrasonic acoustic waves within an electronic device. In para 4, in Hrudey
Regarding claim 21, Terashima teaches wherein the port (Fig 12 [131], para 150) comprises a cross shape (Fig12, para 149. Based on the applicant’s specification, the wafer shares the same meaning as the attenuator and substrate. In figure B [para 32], the attenuator chip is the complete structure with four attenuators (114, 115, 116, 118) and one port (112A) with a cross-shaped pattern opening. Terashima shows quadrangular cross section within the substrate, where the neck portions are connected the opening forming a cross shape See para 150.)
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Applicant (figure B) Terashima (Figure C)
Regarding claim 22, Terashima teaches wherein the attenuator chip is coupled to a microelectromechanical system (MEMS) (Fig 8 [10]) chip having a movable member (Fig 8 [102], Diaphragm) coupled to a front chamber (Fig 8 [121], through hole, and the movable member comprises a plate operable to move in response to a wave of sound or a pressure change (Fig 8 [102]) within the front chamber. (The diaphragm vibrates, by definition experiences movement, according to acoustic pressure of input sound leading into the front chamber. See para 66.)
Response to Arguments
Applicant's arguments filed 4/17/2026 have been fully considered but they are not persuasive.
Applicant respectfully submits that the cited prior art references fail to teach each of the elements of claim 1, for example, at least the elements of "an attenuator chip coupled to the MEMS chip and having an array of attenuators arranged around a port that is open to the front chamber, wherein each attenuator of the array of attenuators comprises a neck having a first open end directly coupled to the port and a second open end coupled directly to a cavity that opens only to the neck."
Examiner respectfully disagrees with the Applicant, as set forth in the Office Action, Terashima discloses in Figure 15, para 169, a modification of the fourth embodiment, wherein four sets of attenuators are arranged around and coupled to the port [121], which forms part of the sound channel [131]. Each attenuator comprises a neck and cavity portion, including an additional neck portion that is a tubular space extending radially from the first cavity of the first resonator. This shows the neck having a first open end connected to the port and a second open end coupled directly to the cavity. Also, the cavity is enclosed such that the only opening to the cavity is through the neck itself. Under the broadest reasonable interpretation, a cavity that “opens only to the neck” is a opening that allows acoustic waves to travel only to the resonator, which is taught by Terashima. Accordingly, the rejection of claim 1 under 35 USC 103 is maintained.
Regarding claim 10, which depends from claim 1, Terashima has further not been shown to teach the addition aspect of "a membrane is coupled to the port and the membrane comprises a number of holes." Thus, for at least these additional reasons, claim 10 is further patentable over Terashima.
Examiner acknowledges that Terashima does not explicitly teach this limitation. However, in view of Zou, a mesh membrane integrated into the MEMS microphone device comprising an array of holes distributed across the membrane surface, in Fig 1 [402], see para 48 and 50. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Zou’s perforated membrane into Terashima’s device at the port location. A person with knowledge of the art would recognize that a perforated membrane serves as a means to prevent particles from entering the air gap of the MEMS microphone device. Accordingly, the rejection of claim 10 under 35 USC 103 is maintained.
In addition, Terashima fails to teach each of the elements of independent claim 16, for example, the elements of "a first wafer having a port extending from a top side to a bottom side of the wafer, and a first array of attenuators formed within the first wafer and arranged around the port, wherein each attenuator of the first array of attenuators comprises a neck coupled directly to the port and a cavity; and a second wafer coupled to the top side or the bottom side of the first wafer and having a port vertically aligned with the port of the first wafer, and a second array of attenuators formed within the second wafer and arranged around the port, wherein each attenuator of the second array of attenuators comprises a neck coupled directly to the port and a cavity."
Examiner acknowledges that Terashima does not explicitly teach this limitation. However, in view of Hrudey in Fig 14, para 59, discloses stacked substrates (wafers) wherein substrate [1206C] comprises an array of attenuators [1116] with a neck and enclosed cavity coupled to the port, making the first wafer. In substrate [1206D], a second array of attenuators [1118] is formed with a neck and cavity coupled to the port. Both arrays are vertically aligned with port. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Hrudey’s arrange attenuator arrays in both a first and second wafer aligned to the port in Terashima’s invention. The result of this would allow attenuation of acoustic waves traveling through the port/pathways within the MEMS device. Accordingly, the rejection of claim 16 under 35 USC 103 is maintained.
Since Applicant arguments were not persuasive the rejection with respect from Claims 1-22 stands. Please see above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS A BARBOZA whose telephone number is (571)272-9626. The examiner can normally be reached Monday-Friday 7:30 am to 5 pm, Alternate Fridays: off.
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/MARCUS A BARBOZA/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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