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 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 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN104581585).
Regarding claim 1. A MEMS element comprising:
Chen discloses:
a substrate comprising a back chamber([0025] and Fig. 4, 1);
a vibrating membrane(Figs.1 and 4, 20);, joined onto the substrate, wherein the vibrating membrane comprises a movable electrode(see [0025] 21) and
a backplate comprising a fixed electrode disposed so as to face the movable electrode, (Fig. 4 plate 30 40, [0025] and 40 is upper electrode) wherein the vibrating membrane has a wall(31) connecting the backplate and the vibrating membrane(31 connecting 40 and 21),
a slit(21 22 ) disposed along at least either one of a portion joined to the wall and a peripheral portion of the vibrating membrane, and a plurality of vibrating portions, (See Figs. 5 and 6, arc- shaped slits in 21 and 22, )
wherein each of the plurality of vibrating portions is present in either one of:
a region surrounded by a portion in which the wall and the vibrating membrane are joined, and(Figs. 5 and 6, portion 2)
(ii) a region between the portion in which the wall and the vibrating membrane are joined and the peripheral portion of the vibrating membrane, and(Figs. 5 and 6 portions 21/22)
wherein at least one of the plurality of vibrating portions is present in the region of (ii)(Figs. 5 and 6 have portions 21/22 in region ii).
Regarding claim 2.
Chen discloses:
The MEMS element according to claim 1, wherein the wall is disposed so as to surround a central portion of the vibrating membrane. (Figs. 5 and 6, 31 surrounds 20 and 211)
Regarding claim 4.
Chen discloses(See Fig. 2):
The MEMS element according to claim 1, wherein the wall(31 disposed in rows across the page, each row across having 1 or 2 31, and the rows overlapping) is disposed in intermittent rows; and wherein the slit is disposed along the wall(31).
Regarding claim 5. Chen discloses(See Fig. 2):
The MEMS element according to claim 2, wherein the wall(31 disposed in rows across the page, each row across having 1 or 2 31, and the rows overlapping) is disposed in intermittent rows; and wherein the slit is disposed along the wall. (31).
Allowable Subject Matter
Claims 3 and 6 are objected to as being dependent on a rejected base claim but would be allowed if rewritten in independent form.
The following is the Examiner's Reasons for Allowance:
the prior art fails to disclose and would not have rendered obvious:
wherein all of the plurality of vibrating portions are present in the region of (ii); and wherein the wall is disposed so as to extend in directions mutually different from a center of the vibrating membrane toward the peripheral portion of the vibrating membrane, as recited in claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached at (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/ Primary Examiner, Art Unit 2898
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