DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Art Unit location of your application in the PTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Group Art Unit 2691.
This communication is responsive to the claims filed 09/04/2024.
Notice of Pre-AIA or AIA Status
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 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.
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 1-3, 7, 19-20 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Umeda et al. (U. S. Pat. App. Pub. No. – 2018/0192203).
Regarding claim 1, Umeda et al. disclose a microphone device (10) based on a two-dimensional piezoelectric material layer (4/5) having a protective layer (2a/b) formed thereon, the microphone device comprising: a substrate (6) including a cavity (6a) vertically extending therethrough; a lower protective layer (2a) formed on an upper surface of the substrate so as to block the cavity; a two-dimensional piezoelectric material layer (4) formed on the lower protective layer; and at least one electrode (3a/b), wherein the microphone device is configured to generate an electric potential as the two-dimensional piezoelectric material layer vibrates under a sound pressure (Figs. 2(a)/(b)) as claimed.
Regarding claim 2, Umeda et al. further disclose the microphone device, wherein the microphone device further comprises an upper protective layer (2b) formed on the two-dimensional piezoelectric material layer (Figs. 2(a)/(b)).
Regarding claim 3, Umeda et al. further disclose the microphone device, wherein each of the lower protective layer (2a) and the upper protective layer (2a) is made of a material having a lattice parameter similar to a lattice parameter of the two-dimensional piezoelectric material layer (4/5)(Figs. 2(a)/(b)).
Regarding claim 7, Umeda et al. further disclose the microphone device, wherein the two-dimensional piezoelectric material layer includes a stack of 1 to 5 two-dimensional piezoelectric material layers (4-5).
Method claims 19-20, 24 are similar to claims 1-3 and 7 except for being couched in method terminology; such methods would be inherent when the structure is shown in the reference.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103 (a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claims 4-6, 8-12, 21-23 and 25-28 are rejected under 35 U.S.C. 103(a) as being unpatentable over Umeda et al. (U. S. Pat. App. Pub. No. – 2018/0192203).
Regarding claims 4-5, Umeda et al. may not specially teach in details for each of the lower protective layer and the upper protective layer as claimed. Since providing suitable made protective layer or layers for a microphone is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable protective layer or layers, such as made with one of Al2O3, BN, hBN, HfO2, SiO2, ZnO, TiO2, patterned into a mesh structure for the microphone taught by Umeda et al., in order to effectively and efficiently manufacture the microphone for certain application.
Regarding claim 6, Umeda et al. may not specially teach that the two-dimensional piezoelectric material layer is made of one of a transition metal chalcogenide, an alkaline earth metal oxide, and a group III-V compound as claimed. Since providing suitable made piezoelectric material layer for a microphone is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable made piezoelectric material layer, such as made of one of a transition metal chalcogenide, an alkaline earth metal oxide, and a group III-V compound, for the microphone taught by Umeda et al., in order to effectively and efficiently manufacture the microphone.
Regarding claim 8, Umeda et al. may not specially teach that a through-cavity has a circular shape in a plan view of the microphone device as claimed. Since providing a suitable through-cavity in a plan view of a microphone device is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable through-cavity, such as having a circular shape, for the microphone taught by Umeda et al., in order to effectively and efficiently manufacture the microphone, for certain application.
Regarding claims 9-10, Umeda et al. may not specially teach an additional substrate as claimed. Since providing suitable mounting means/housing and/or an additional substrate for utilizing a microphone device in desirable applications is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable mounting means/housing and/or an additional substrate, such as disposed on the other surface of the substrate having the cavity defined therein so as to block the cavity; and a lower stopper disposed on the additional substrate so as to be received in the cavity, for the microphone taught by Umeda et al., in order to effectively utilize the microphone, for certain application.
Regarding claims 11-12, Umeda et al. may not specially teach a plurality of surface structures as claimed. Since providing suitable mounting means and/or a plurality of surface structures for a microphone device is very well known in the art (Official Notice), it therefore would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to be motivated to provide suitable mounting means and/or a plurality of surface structures, such as having an upwardly gradually narrower shape, are disposed and arranged in and/or on in the lower protective layer, wherein the two-dimensional piezoelectric material layer is formed on the plurality of surface structures of the lower protective layer in a conformal manner to the plurality of surface structures of the lower protective layer or each having an upwardly gradually narrower shape, are disposed and arranged on the substrate, wherein the lower protective layer is formed on the plurality of surface structures of the substrate in a conformal manner to the plurality of surface structures of the substrate, wherein the two-dimensional piezoelectric material layer is formed on the lower protective layer in a conformal manner to the plurality of surface structures of the substrate, for the microphone taught by Umeda et al., in order to effectively and efficiently manufacture the microphone, for certain application.
Method claims 21-23 and 25-28 are similar to claims 4-6 and 8-12 except for being couched in method terminology; such methods would be inherent when the structure is shown in the reference.
Allowable Subject Matter
Claims 13-18 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAN NI whose telephone number is (571)272-7505. The examiner can normally be reached on Monday to Friday from 10:00 am to 6:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a PTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on 571-272-7503. 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.
/SUHAN NI/Primary Examiner, Art Unit 2691