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 .
Claim Objections
Claim 3 is objected to because of the following informalities: it appears the claim language “te level” was intended to be written as “the lever”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: it appears the claim language “membrane s” was intended to be written as “membrane is.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-6 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JOET (US 2021/0021944).
Regarding Claim 1, JOET discloses a MEMS microphone (MEMS microphone [0011] Fig 1A and Fig 7A), comprising:
a membrane (diaphragm 4 [0076] Fig 7A) configured to absorb sound pressure (sound [0008]);
a signal transduction element (transduction block 6’ [0119] Fig 7A); and
a lever element (lever arm 10 [0076] Fig 7A), coupled to the membrane (4 Fig 7A) and the signal transduction element (6’ Fig 7A), wherein the lever element (10 Fig 7A) is configured to generate, when the membrane (4 Fig 1A) is deflected, a tilting movement (in the broadest reasonable interpretation, a lever and a membrane when deflected is capable of exhibiting a tilting movement), and to transmit the generated tilting movement to the signal transduction element (6’ Fig 7A).
Regarding Claim 2, JOET discloses the limitations of claim 1 as explained above. JOET further discloses
wherein the lever element (10 Fig 7A) is connected to the membrane (4 Fig 7A) eccentrically or centrically in relation to the membrane (4 Fig 7A).
Regarding Claim 3, JOET discloses the limitations of claim 2 as explained above. JOET further discloses
wherein the lever is connected to the membrane (4 Fig 7A) centrically in relation to the membrane (4 Fig 7A), and recesses (holes in the diaphragm [0008]) are provided in the membrane (4 Fig 7A) to compensate (allows the pressures between the outside and the back volume of the microphone to equalize [0008]) for different tilting movements between the lever element (10 Fig 3A, and Fig 7A) and the membrane (4 Fig 7A).
Regarding Claim 4, JOET discloses the limitations of claim 1 as explained above. JOET further discloses
wherein the lever element (10 Fig 3A and Fig 7A) is connected to the membrane at a connection point (first connection 3 [0082] Fig 3A and Fig 7A) in such a way that a tilting of the membrane (4 Fig 7A, Fig 3A, and Fig 7A) substantially coincides ([0008] and [0082]) with a tilting movement of the lever element (10 Fig 3A, and Fig 7A).
Regarding Claim 5, JOET discloses the limitations of claim 1 as explained above. JOET further discloses
wherein the lever element (10 Fig 3A and Fig 7A) is coupled to the membrane (4 Fig 3A and Fig 10) at a distance (shown in Fig 3A) from the lever in order to prevent the membrane (4 Fig 3A and Fig 7A) from striking the lever element (10 Fig 3A and Fig 7A).
Regarding Claim 6, JOET discloses the limitations of claim 1 as explained above. JOET further discloses
wherein the lever element (10 Fig 3A and Fig 7A) is connected to the membrane (4 Fig 3A and Fig 7A) via a mechanical connecting element (first connection 3 [0079] Fig 3A and Fig 7A) which, in a portion, has at least three times the height of a membrane (4 Fig 3A and Fig 7A) thickness (shown in annotated Fig 3A) and which covers a surface of the membrane (4 Fig 3A and Fig 7A) by less than 25% (shown in annotated Fig 3A) in relation to the surface of the membrane (4 Fig 3A and Fig 7A) in order to compensate for different tilting movements between the lever element (10 Fig 3A and Fig 7A) and the membrane (4 Fig 3A and Fig 7A).
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Regarding Claim 12, JOET discloses the limitations of claim 1 as explained above. JOET further discloses
further comprising a carrier (anchoring block 25 and substrate 2 [0096] Fig 7A), including a substrate (2 Fig 7A), on which the membrane (4 Fig 7A), the signal transduction element (6’ Fig 7A), and the lever element (10 Fig 7A) are arranged, wherein the membrane (4 Fig 7A) is directly connected (shown in Fig 7A) to the carrier (25 and 2 Fig 7A).
Allowable Subject Matter
Claims 7-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 7:
Regarding Claim 7, JOET discloses the limitations of claim 1 as explained above.
JOET (US 2021/0021944) further discloses
further comprising a carrier (anchoring block 25 and substrate 2 [0096] Fig 7A), which includes a substrate (2 Fig 7A), on which the membrane (4 Fig 7A), the signal transduction element (6’ Fig 7A), and the lever element (10 Fig 3A and Fig 7A) are arranged.
Coronato et al (US 2010/0158280) discloses
MEMS microphones (1 [0049] Fig 9) that include a membrane (membrane 2 [0052] Fig 9) and a spring (spring 51 [0052] Fig 13).
The reason for the indication of allowability of Claim 7 is the inclusion of
wherein the membrane is at least partially connected to and suspended from, the carrier via at least one spring.
Specifically, the prior art reference JOET does not directly disclose that the connection element (3 [0080] Fig 3A) is at least one spring, JOET discloses that the force due to air acts as an additional spring [0012]. Further, although the prior art reference Coronato et al discloses springs made out of the membrane, Coronato et al does not teach or suggest a membrane suspended from the springs as disclosed in Fig 4 of the instant application. Moreover, although another reference may be found that discloses a membrane suspended from one or more springs as the claim requires, it would not be obvious to a person of ordinary skill in the art to combine the references and alter JOET or Coronato et al to include additional springs as indicated in Fig 4 of the instant application since air in the prior art reference JOET discloses air already as a spring. Additionally, the prior art of record does not teach one or more springs in the configuration as indicated in Fig 4 of the instant application, a secondary reference disclosing such feature has not yet been found.
It is these features found in the claim, as they are claimed in the combination that has not been found, taught or suggested by the prior art of record, which makes this claim allowable over the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Related Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bergeron et al (US 2017/0073215) which discloses a MEMS element with a spring resonator and a clamped membrane [0003], and Frischmuth et al (US 2018/0002167) which discloses a MEMS microphone [0005].
Conclusion
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/D.P.S./Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
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