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 .
Response to Amendment
In response to the non-final office action dated 04/07/2026, applicant has amended claims 1, 5, 11, 13, and 16. Claims 1-20 are currently pending in the application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7, 9-12, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rice et al (US Patent No. 5979593, hereinafter Rice) in view of Holyoak et al (US Pub No. 2017/0141755, hereinafter Holyoak) and Lee et al (US Pub No. 2019/0333492, hereinafter Lee).
Regarding claim 1, Rice teaches a system (Abstract, system), comprising: a unit cell (Fig 3, Helmholtz resonator) configured for sound absorption within a narrowband frequency range (column 12 lines 36-38, 3-5 kHz range falling within narrowband which is typically under 25 kHz), the unit cell comprising: an air cavity (Fig 3, resonator cavity 210 and orifice 270) within a support housing (Fig 3, surrounding body of Helmholtz resonator), the air cavity comprising a chamber (Fig 3, resonator cavity 210) and a neck port (Fig 3, neck and orifice 270 of Helmholtz resonator 210); and a bimorph microelectromechanical systems device (Fig 3, sound generating source 220) that, in response to control signaling (Fig 3, output signal 230), changes airflow in the air cavity to determine a resonant frequency of the unit cell (column 13 lines 1-6, compression and decompression of air in resonator cavity), to resonate the unit cell at the resonant frequency (column 13 lines 1-6, electric current causing piezoelectric layer 222 and aluminum plate 224 to oscillate) to phase cancel the incoming acoustic wave (column 5 lines 27-29 & column 11 lines 41-51, cancel noise through frequency, amplitude, and phase control), responsive to being exposed to the incoming acoustic wave (Fig 3, microphone signals 510 received by controller 300 and sent to sound generating source 220 to cancel the incoming noise).
Rice does not explicitly teach separated fixed metallic ends that generate joule heating when voltage is applied and a metasurface.
Holyoak teaches separated fixed metallic ends that generate joule heating when voltage is applied (See Holyoak Abstract, power source coupled to thermal actuator (joule heating and thermal actuator are synonymous) including a first end coupled to a substrate and second end coupled to the end of a plate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the joule heating taught by Holyoak with the sound absorbing system taught by Rice. Doing so provides a MEMS device having fewer components which results in a smaller size and reduced cost in manufacturing as stated by Holyoak ¶ [0009].
Rice in view of Holyoak does not explicitly teach the use of a metasurface.
Lee teaches the use of a metasurface (See Lee Fig 1B, acoustic metasurface 100 with Helmholtz resonators 110).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the metasurface taught by Lee with the sound absorbing system taught by Rice in view of Holyoak. Lee ¶ [0003] states that the use of metasurfaces incorporating resonant structures allow for a high absorption of noise while maintaining a low thickness. This allows for lighter and smaller structures which saves space and helps reduce cost.
The Regarding claim 2, Rice in view of Holyoak and Lee teaches the system of claim 1, wherein the control signaling comprises a first amount of energy at a first time and a second amount of energy at a second time, and wherein the bimorph microelectromechanical systems device moves from a first angle, based on the first amount of energy, to a second angle, based on the second amount of energy (See Rice Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized and bends in response to output signal 260 “second angle”).
The Regarding claim 3, Rice in view of Holyoak and Lee teaches the system of claim 2, wherein the first amount of energy corresponds to a zero voltage, and wherein the second amount of energy corresponds to a non-zero voltage (See Rice Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized “zero voltage” and bends in response to output signal 260 “non-zero voltage”).
Regarding claim 4, Rice in view of Holyoak and Lee teaches the system of claim 1, wherein the control signaling comprises a first amount of energy at a first time and a second amount of energy at a second time, and wherein the bimorph microelectromechanical systems device comprises a moveable portion that moves from a first location, based on the first amount of energy, to a second location, based on the second amount of energy (See Rice Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized and bends in response to output signal 260 “second angle”).
Regarding claim 5, Rice in view of Holyoak and Lee teaches the system of claim 1, wherein the bimorph microelectromechanical systems device is positioned in the chamber (See Rice Fig 3, sound generating source 220 located within resonator cavity 210).
Regarding claim 6, Rice in view of Holyoak and Lee teaches the system of claim 1, wherein the bimorph microelectromechanical systems device is physically coupled to a moveable part within the air cavity (See Rice Fig 5 & column 12 lines 40-50, bonded layers 222 and 224 attached to base element 226 within resonator cavity 210), wherein the control signaling comprises a first amount of energy at a first time and a second amount of energy at a second time, and wherein the bimorph microelectromechanical systems device moves the moveable part from a first location, based on the first amount of energy, to a second location, based on the second amount of energy (See Rice Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized and bends in response to output signal 260 “second angle”).
Regarding claim 7, Rice in view of Holyoak and Lee teaches the system of claim 6, wherein the moveable part is positioned in the chamber (See Rice Fig 3, sound generating source 220 within resonator cavity 210).
Regarding claim 9, Rice in view of Holyoak and Lee teaches the system of claim 6, wherein the moveable part is angled or curved relative to the neck port (See Rice Fig 3, bending elements 222-224 bend relative to neck portion of orifice 270).
Regarding claim 10, Rice in view of Holyoak and Lee teaches the system of claim 1, further comprising a controller (See Rice Fig 3, controller 300) that outputs the control signaling (See Rice Fig 3, output signal 230) as energy that heats the bimorph microelectromechanical systems device, to move a moveable portion of the bimorph microelectromechanical systems device by a controlled displacement distance corresponding to an amount of the energy (See Rice column 13 lines 1-6, electric current causing piezoelectric layer 222 and aluminum plate 224 to become a piston that moves forward and backward).
Regarding claim 11, Rice in view of Holyoak and Lee teaches the system of claim 1, wherein the bimorph microelectromechanical systems device comprises a bimorph cantilever comprising an anchored portion and a non-anchored portion (See Rice Fig 5, movement layers 224 and 222 partially anchored to base element 226), wherein the non-anchored portion is at a first angle relative to a second angle of the non-anchored portion in a non-energized state, corresponding to a zero amount of energy output by the controller, as a result of residual stress (See Rice Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized and bends in response to residual oscillation after signal response “second angle”), and wherein, in an energized state, the non-anchored portion is at a third angle that is different from the first angle (See Rice Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized and bends in response to output signal 260 “third angle”).
Rice in view of Lee does not explicitly teach a second bending angle caused by residual stress.
would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to understand the effects of residual stress on a moving body. After output signal 260 ends that does not mean the oscillation of bending elements 222-224 immediately stop which would obviously result in a “second angle” as the bending elements 222-224 return to normal position “first angle”.
Regarding claim 12, Rice in view of Holyoak and Lee teaches the system of claim 1, wherein the unit cell is incorporated into a metasurface comprising an array of unit cells (See Lee Fig 1B, acoustic metasurface 100 with Helmholtz resonators 110).
Regarding claim 16, Rice teaches a sound absorbing system (Fig 2), comprising: a base structure (Fig 2, mode scattering segment 200); and a group of respective unit cells contained by the base structure (Fig 2, Helmholtz resonators 210), wherein the respective unit cells comprise respective Helmholtz resonators comprising respective air chambers (Fig 3, resonator cavity 210) coupled to respective neck ports that extend to a surface of the base structure to facilitate air flow to the respective air chambers (Fig 3, neck and orifice 270 of Helmholtz resonator 210 allowing the movement of air), and respective microelectromechanical systems devices (Fig 3, sound generating source 220) that are controllable (Fig 3, controller 300) to change respective airflow properties (column 13 lines 1-6, compression and decompression of air in resonator cavity) of the respective Helmholtz resonators, and wherein the respective airflow properties are adjustable, via the respective microelectromechanical systems devices, to resonate the respective unit cells at respective specific frequency values (column 13 lines 1-6, electric current causing piezoelectric layer 222 and aluminum plate 224 to oscillate) to collectively phase cancel an incoming acoustic wave (column 5 lines 27-29 & column 11 lines 41-51, cancel noise through frequency, amplitude, and phase control) responsive to being exposed to the incoming acoustic wave (Fig 3, microphone signals 510 received by controller 300 and sent to sound generating source 220 to cancel the incoming noise).
Rice does not explicitly teach separated fixed metallic ends that generate joule heating when voltage is applied and a metasurface.
Holyoak teaches separated fixed metallic ends that generate joule heating when voltage is applied (See Holyoak Abstract, power source coupled to thermal actuator (joule heating and thermal actuator are synonymous) including a first end coupled to a substrate and second end coupled to the end of a plate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the joule heating taught by Holyoak with the sound absorbing system taught by Rice. Doing so provides a MEMS device having fewer components which results in a smaller size and reduced cost in manufacturing as stated by Holyoak ¶ [0009].
Rice in view of Holyoak does not explicitly teach the use of a metasurface.
Lee teaches the use of a metasurface (See Lee Fig 1B, acoustic metasurface 100 with Helmholtz resonators 110).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the metasurface taught by Lee with the sound absorbing system taught by Rice in view of Holyoak. Lee ¶ [0003] states that the use of metasurfaces incorporating resonant structures allow for a high absorption of noise while maintaining a low thickness. This allows for lighter and smaller structures which saves space and helps reduce cost.
Regarding claim 17, Rice in view of Holyoak and Lee teaches the metasurface of claim 16, wherein the respective unit cells are evenly distributed in an array pattern within the base structure (See Rice Fig 2, Helmholtz resonators 210 evenly distributed in an array).
Regarding claim 18, Rice in view of Holyoak and Lee teaches the metasurface of claim 16, wherein the respective unit cells comprise respective neck ports(Fig 3, neck and orifice 270) and respective air chambers (Fig 3, resonator cavity 210), and wherein the respective air chambers comprise respective moveable parts, coupled to the microelectromechanical systems devices (column 13 lines 1-6, electric current causing piezoelectric layer 222 and aluminum plate 224 to become a piston that moves forward and backward), that are moveable to change the respective airflow properties of the air chambers (column 13 lines 1-6, compression and decompression of air in resonator cavity).
Regarding claim 19, Rice in view of Holyoak and Lee teaches the metasurface of claim 16, wherein the respective unit cells comprise respective neck ports and respective air chambers, and wherein the respective neck ports comprise respective moveable parts, coupled to the microelectromechanical systems devices, that are moveable to change the respective airflow properties of the neck ports (column 13 lines 1-6, compression and decompression of air in resonator cavity which travels through orifice 270).
Regarding claim 20, Rice in view of Holyoak and Lee teaches the metasurface of claim 16, wherein the metasurface is configured to collectively phase cancel at least one incoming acoustic wave respectively emanating from at least one server (column 5 lines 27-29 & Fig 2, cancel noise emanating through duct wall 100).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [ Rice et al (US Patent No. 5979593, hereinafter Rice) in view of Holyoak et al (US Pub No. 2017/0141755, hereinafter Holyoak) and Lee et al (US Pub No. 2019/0333492, hereinafter Lee) 2 ] as applied to claims above, and further in view of Wilk et al (US Pub No. 2023/0171532, hereinafter Wilk).
Regarding claim 8, Rice in view of Holyoak and Lee teaches the system of claim 6.
Rice in view of Holyoak and Lee does not explicitly teach a moveable part positioned in a neck port.
Wilk teaches a moveable part positioned in a neck port (See Wilk Fig 16, driven member 202 used to close neck of chambers 1606A-B).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the driven member taught by Wilk with the system taught by Rice in view of Holyoak and Lee. There are several benefits of incorporating a driven member in the neck of a Helmholtz resonator including greater design flexibility and increased system control. These allow for better frequency control, improved noise reduction, and increased energy efficiency.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rice et al (US Patent No. 5979593, hereinafter Rice) in view of Holyoak et al (US Pub No. 2017/0141755, hereinafter Holyoak).
Regarding claim 13, Rice teaches a method (Abstract, method), comprising: obtaining, by a system (Abstract, system) comprising a controller (Fig 3, controller 300), a frequency value representative of a frequency of an acoustic wave to cancel (Fig 3, reference source pick-up 95); and controlling, by the system, a microelectromechanical systems device (Fig 3, sound-generating source 220) to adjust airflow (column 13 lines 1-6, compression and decompression of air in resonator cavity) within a Helmholtz resonator unit cell (Fig 3, Helmholtz resonator 210), based on the frequency of the acoustic wave (Fig 3 & column 11 lines 41-51, microphone signals 510 sent to controller 300 to cancel noise through frequency, amplitude, and phase control), to resonate the Helmholtz resonator unit cell to cancel noise comprised by the acoustic wave (column 5 lines 27-29, cancel noise).
Rice does not explicitly teach separated fixed metallic ends that generate joule heating when voltage is applied.
Holyoak teaches separated fixed metallic ends that generate joule heating when voltage is applied (See Holyoak Abstract, power source coupled to thermal actuator (joule heating and thermal actuator are synonymous) including a first end coupled to a substrate and second end coupled to the end of a plate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the joule heating taught by Holyoak with the method taught by Rice. Doing so provides a MEMS device having fewer components which results in a smaller size and reduced cost in manufacturing as stated by Holyoak ¶ [0009].
Regarding claim 14, Rice in view of Holyoak teaches the method of claim 13, wherein the controlling of the microelectromechanical systems device to adjust the airflow comprises applying a voltage bias to the microelectromechanical systems device to at least one of: vertically or laterally move a moveable structure within the Helmholtz resonator unit cell by a displacement distance that corresponds to the voltage bias (column 13 lines 1-6, electric current causing piezoelectric layer 222 and aluminum plate 224 to become a piston that moves forward and backward).
Regarding claim 15, Rice in view of Holyoak teaches the method of claim 13, wherein the controlling of the microelectromechanical systems device to adjust the airflow comprises applying a voltage bias to the microelectromechanical systems device to change an angle of a moveable structure within the Helmholtz resonator unit cell, and wherein the angle corresponds to the voltage bias (Fig 5 & column 12 lines 64-67 – column 13 line 1, dual cantilever piezoelectric bending element 222-224 at a “first angle” when non-energized and bends in response to output signal 260 “second angle”).
Response to Arguments
Applicant’s arguments, see applicant’s arguments/remarks page 1 section 1, filed 05/14/2026, with respect to the double patenting rejection have been fully considered and are persuasive. The double patenting rejection of 04/07/2026 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/T.M.L./Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
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