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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-12 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-13 of prior U.S. Patent No. 12, 136, 912. This is a statutory double patenting rejection.
18/905,038
12,136,912
1. An RF filter device, comprising:
a resonator structure comprising a bulk acoustic wave (BAW) resonator, the resonator structure comprising an active structure and an acoustic mirror, wherein the active structure comprises a bottom electrode, a top electrode, and a piezoelectric material between the bottom electrode and the top electrode; and
a further electric circuit comprising at least one of a LC circuit, a LCR circuit, an active circuit element, a switch, an RF switch, a logic circuit, a further electroacoustic resonator, or an RF filter, wherein the acoustic mirror is arranged on one or more layers between layers including the active structure and layers including the further electric circuit.
1. An RF filter device, comprising;
a resonator structure comprising a bulk acoustic wave (BAW) resonator, the resonator structure comprising an active structure and an acoustic mirror, wherein the active structure comprises a bottom electrode, a top electrode, and a piezoelectric material between the bottom electrode and the top electrode; and
a further electric circuit comprising at least a capacitance element, wherein the acoustic mirror is arranged on one or more layers between layers including the active structure and layers including the further electric circuit, wherein the acoustic mirror is configured to establish an electromagnetic shield.
6. The RF filter device of claim 1, wherein the further electric circuit additionally comprises at least one of:
a LC circuit, a LCR circuit, an active circuit element, a switch, an RF switch, a logic circuit, a further electroacoustic resonator, or an RF filter.
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.
Claim(s) 1, 2, 4, 6, 8-10, 12, 14-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sturzebecher et al US Patent 10,601,398.
Sturzebecher et al discloses: a resonator structure comprising a bulk acoustic wave (BAW) resonator 10J, the resonator structure comprising an active structure and an acoustic mirror 14B, wherein the active structure comprises a bottom electrode 22, a top electrode 20, and a piezoelectric layer 18 between the bottom electrode and the top electrode; and a second BAW resonator 10I (i.e. a further electric circuit), wherein the acoustic mirror is arranged on one or more layers between layers including the active structure and layers including the further electric circuit.
With regards to claim 2, and 16, the acoustic mirror is configured to establish an electromagnetic shield. ( Stoemmer WO 2004/021568 A1 ( teaching reference) states “ The metal layer serves exclusively as a layer of high acoustic impedance for the acoustic mirror and can serve as an electromagnetic shielding layer with a suitable electrical connection.” )
With regards to claims 4, 6 and 18, the acoustic mirror comprises one or more layers having a first acoustic impedance and one or more layers having a second acoustic impedance larger than the first acoustic impedance; and the one or more layers of the first acoustic impedance and the one or more layers of the second acoustic impedance comprise metal. (The reflector 14 is typically formed by a stack of reflector layers (RL) 28A through 28E, which alternate in material composition to produce a significant reflection coefficient at the junction of adjacent reflector layers 28. Typically, the reflector layers 28A through 28E alternate between materials having high and low acoustic impedances, such as tungsten (W) and silicon dioxide (SiO2).)
With regards to claim 8, further comprising an additional acoustic mirror 14T, wherein the active structure is arranged between the acoustic mirror and the additional acoustic mirror.
With regards to claim 9, BAW resonator 10K (i.e. an additional electric circuit) , wherein the additional acoustic mirror is arranged between the active structure and the further electric circuit.
With regards to claim 10, the resonator structure and the further electric circuit are integrated monolithically.
With regards to claim 12, the resonator structure and the further electric circuit are arranged on a substrate 12.
With regards to claims 14 and 15, lateral dimensions on each side of the acoustic mirror exceed lateral dimensions of the further electric circuit.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 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.
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sturzebecher et al US Patent 10,601,398 in view of Jacobsen US Patent Application 2007/0285191.
The above 102 rejection discusses the Sturzebecher et al reference.
Thus, Sturzebecher et al is shown to teach all the limitation of the claim with the exception of the one or more layer having the first acoustic impedance comprising Aluminum and the one or more layer having the second acoustic impedance comprising tungsten.
Jacobsen discloses in paragraph [0008] that Materials with high acoustic impedance are metals such as tungsten (W), platinum (Pt), molybdenum (Mo) or gold (Au). Examples of materials with low acoustic impedance are silicon oxide (SiO.sub.2) and aluminum (Al). W/SiO.sub.2 layers have been used in prior art devices to produce efficient reflectors.
One of ordinary skill in the art would have found it obvious to composes the one or more layers having the first and second acoustic impedance with the tungsten and aluminum as taught by Jacobsen.
The motivation for this modification would have the substitution of equivalent high and low acoustic impedance materials.
Allowable Subject Matter
Claims 17 and 19 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY E GLENN whose telephone number is (571)272-1761. The examiner can normally be reached M-F 8:00 AM-5:00 PM.
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February 7, 2026
/K.E.G/ Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/ Supervisory Patent Examiner, Art Unit 2843