Prosecution Insights
Last updated: April 19, 2026
Application No. 18/772,471

MICROELECTROMECHANICAL DEVICE, MICROELECTROMECHANICAL MICROPHONE AND METHOD FOR PRODUCING A MICROELECTROMECHANICAL DEVICE

Non-Final OA §102
Filed
Jul 15, 2024
Examiner
DANG, JULIE X
Art Unit
2692
Tech Center
2600 — Communications
Assignee
Robert Bosch GmbH
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
388 granted / 465 resolved
+21.4% vs TC avg
Strong +18% interview lift
Without
With
+17.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
484
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§102
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 . Claims filed 7-15-2024 Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 8-27-2024 was filed after the mailing date of the application filed on 7-15-2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 5, 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuntzman 2017/0230757 Regarding claim 1, Kuntzman discloses a microelectromechanical device for capacitive fluid pressure measurement (Figs 1, 4-7), the device comprising: a first membrane (Fig 4, first diaphragm 402, para [49]) and a second membrane (Fig 4, second diaphragm 404, para [49]) which can be elastically deflected by a fluid pressure (para [50] discloses first diaphragm 402 and second diaphragm 404 move under sound pressure), wherein a cavity (Fig 4, cavity/air gap 403, para [49]) is formed between the first membrane (402) and the second membrane (404), a counter electrode (Fig 4 counter electrode/backplate 406, para [49]) being arranged in the cavity (Fig 4, cavity/air gap 403, para [49]); wherein the counter electrode (Fig 4, back plate 406, para [49] includes a plurality of radial etch channels (channel/holes 407, para [49]) which extend radially from a counter electrode center to a counter electrode edge (Fig 4 counter electrode edge is where left and right edge of back plate 406). Regarding claim 5, Kuntzman discloses the device according to claim 1, wherein the counter electrode is arranged at least in portions between a main membrane portion of the first membrane and a main membrane portion of the second membrane opposite the main membrane portion of the first membrane (See Fig 5 below). PNG media_image1.png 715 951 media_image1.png Greyscale Regarding claim 10, Kuntzman discloses the device according to claim 1, wherein the first membrane and/or the second membrane (para [50] discloses diaphragms 402, 404 may be membranes and constructed of polysilicon) and/or the counter electrode is made of polysilicon. Regarding claim 11, Kuntzman discloses a microelectromechanical microphone for capacitive sound pressure measurement (Figs 1, 4-7), comprising: a microelectromechanical device including: a first membrane (Fig 4, first diaphragm 402, para [49]) and a second membrane (Fig 4, second diaphragm 404, para [49]) which can be elastically deflected by a fluid pressure (para [50] discloses first diaphragm 402 and second diaphragm 404 move under sound pressure), wherein a cavity (Fig 4, cavity/air gap 403, para [49]) is formed between the first membrane (402) and the second membrane (404), a counter electrode (Fig 4 counter electrode/backplate 406, para [49]) being arranged in the cavity (Fig 4, cavity/air gap 403, para [49]), wherein the counter electrode (Fig 4, back plate 406, para [49] includes a plurality of radial etch channels (channel/holes 407, para [49] which extend radially from a counter electrode center to a counter electrode edge). Kuntzman does not explicitly disclose a signal processing unit configured to apply and process signals from the microelectromechanical device. However, Kuntzman discloses in para [31] a MEMS microphone includes a base (e.g. a printed circuit board), a micro electro mechanical system (MEMS) device, an integrated circuit (an application specific integrated circuit) and para [0003] discloses a microelectromechanical system (MEMS) microphone are deployed in various types of devices such as personal computers or cellular phones. It is well-known in the art that a cellular phone contains a digital signal processor, which acts as a specialized signal processing unit designed for high speed manipulation of signals, such as sound, audio. Most signal processing units are implemented as specialized integrated circuit, such as digital signal processor (DSP) or Application-specific Integrated circuit (ASIC). Regarding claim 12, Kuntzman discloses a method for producing a microelectromechanical device for capacitive fluid pressure measurement having a first membrane and a second membrane which can be elastically deflected by a fluid pressure (Figs 1, 4-7), wherein a cavity is formed between the first membrane (Fig 4, first diaphragm 402, para [49]) and the second membrane (Fig 4, second diaphragm 404, para [49]), a counter electrode (Fig 4 counter electrode/backplate 406, para [49]) being arranged in the cavity (Fig 4, cavity/air gap 403, para [49]), wherein method comprising: gradually applying and structuring material layers on a substrate (Fig 7, para [64] discloses at step 702, a silicon wafer to be used the substrate etch 802); forming the cavity is formed by applying and subsequently etching at least one sacrificial layer (Fig 7, para [65-67, 69-72] discloses saccox is sacrificial silicon dioxide, which is deposited in the process of building the MEMS structure); wherein during manufacture, a counter electrode layer is applied to form a counter electrode (Fig 7, para [40, 50] discloses counter electrode/back plate 206 may be constructed of silicon nitride), and the counter electrode layer (Figs 4 and 7, counter electrode layer/back plate 406) and/or the sacrificial layer is structured in such a way that a plurality of radial etch channels is formed in the counter electrode and/or in the sacrificial layer, wherein the radial etch channels in the counter electrode extend: radially from a counter electrode center to a counter electrode edge (Fig 4 counter electrode edge is where left and right edge of back plate 406), and/or in the sacrificial layer. Allowable Subject Matter Claims 2-4, 6-9 and 13-14 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. Claim 2 objected because the prior art fails to disclose the claimed limitation, “the device according to claim 1, wherein the counter electrode is spaced apart from a lateral cavity boundary of the cavity by a clearance channel which is circumferential at least in portions, and wherein the counter electrode has at least one support arm with which the counter electrode is anchored to the lateral cavity boundary and to which the counter electrode can be electrically contacted.” Claims 3-4 objected because they are depending on objected claim 2. Claim 6 objected because the prior art fails to disclose the claimed limitation, “the device according to claim 1, wherein the clearance channel is divided into several clearance channel segments and each clearance channel segment is fluidically connected to at least one etch access channel.” Claims 7-9 objected because they are depending on objected claim 6. Claim 13 objected because the prior art fails to disclose the claimed limitation, the method according to claim 12, wherein the structuring of the counter electrode layer is carried out in such a way that the counter electrode is spaced apart from a lateral cavity boundary of the cavity by a clearance channel which is circumferential at least in portions and is anchored to the lateral cavity boundary with at least one support arm.” Claim 14 objected because the prior art fails to disclose the claimed limitation, “the method according to claim 12, wherein a first membrane layer is applied to produce the second membrane and a second membrane layer is applied to produce the first membrane and is structured such that at least one etch access channel is produced in a membrane edge portion of the first membrane.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5. 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, Carolyn R Edwards can be reached at 571-270-7136. 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. /JULIE X DANG/Examiner, Art Unit 2692 /CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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Prosecution Timeline

Jul 15, 2024
Application Filed
Mar 09, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+17.7%)
2y 0m
Median Time to Grant
Low
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allow rate.

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