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 . This office action is in response to a filing of 8/24/2026.
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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/13/2026, 6/17/2026 and 10/7/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Election/Restrictions
In the response from applicant on the restriction requirement on 6/24/2026, applicant agrees to withdraw inventions of species 2 - 3 (claims 8-20) and elects specie 1 (claims 1-7). Hence Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/24/2026.
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, 5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishio (US 20060139719).
Regarding Claim 1, Nishio teaches a microelectromechanical systems (MEMS) device (abstract; figs. 1-11) comprising:
a stationary layer comprising at least one electrode (figs. 1-2, 107- base frame, 106a/106b- fixed electrodes);
a mirror (figs. 1-2, 101; (¶[0039], line 1-8, A mirror 101 has a substantially rectangular shape and is disposed in a spatial magnetic flux. A reflecting surface is formed on a front surface side of the mirror 101);
a spring (figs. 1, 105a/105b);
a movable layer coupled to the mirror (figs. 1-2, 101), the spring configured to move the movable layer and the mirror relative to the stationary layer (fig. 1, 101, 105a/105b; ¶[0041], line 1-26, The mirror 101 is connected to the supporting member 104 via two torsion bars 105a and 105b. The torsion bars 105a and 105b correspond to elastic members. Due to the action of the Lorentz force, the mirror 101 rotates with an axis of rotation passing through the torsion bars 105a and 105b as a center. When the flow of the current is reversed, a direction in which the Lorentz force has been acting is reversed. At this time, the mirror 101 rotates in an opposite direction with the axis of rotation passing through the torsion bars 105a and 105 as a center), and
the movable layer having a first perforation over at least a first portion of the at least one electrode (figs. 1-2, perforation between 103a and 108a, and perforation between 106b and 108b) , and the first perforation has a footprint that is larger than a footprint of the at least the first portion of the at least one electrode under the first perforation (figs. 1-2, perforation between 103a and 108a, and 106a), and the movable layer has a second perforation over at least a second portion of the at least one electrode (figs. 1-2, perforation between 103b and 108b, and 106b); and
a support post coupled to the spring (fig. 1, 104, 105b).
Regarding Claim 2, Nishio teaches the MEMS device of claim 1, wherein the at least one electrode has opposing surfaces that have a zig-zag shape (fig. 10, 503a, 506a, 503b, 506b).
Regarding Claim 3, Nishio teaches the MEMS device of claim 1, wherein the at least one electrode has jagged opposing surfaces, and the first and second perforations have jagged opposing surfaces (fig. 10, 503a, 506a, 503b, 506b).
Regarding Claim 5, Nishio teaches the MEMS device of claim 1, wherein: the at least one electrode comprises an array of electrodes (fig. 10, 506a-b, or 503a-b); and the movable layer comprises an array of perforations including the first and second perforations (fig. 10, perforation between 503a and 506a, and perforation between 503b and 506b).
Regarding Claim 7, Nishio teaches the MEMS device of claim 1, wherein, upon application of a potential difference between the movable layer and the stationary layer, a fringing electric field is created between the movable layer and the stationary layer at the first and second perforations (fig. 7, voltage-current to 103a/106a and 103b/106b; ¶[0074], line 1-20, Each of the fixed portion comb-teeth electrodes 506a and 506b has a periodic structure of the shape of comb teeth. By using the comb-teeth electrodes, namely the movable portion comb-teeth electrodes 503a and 503b and the fixed portion comb-teeth electrodes 506a and 506b, there is an increase in an amount of a change in the electrostatic capacitance corresponding to the change in the angle of rotation of the mirror 101).
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murakami et al (US 7123400).
Regarding Claim 1, Murakami teaches a microelectromechanical systems (MEMS) device (abstract; figs. 17 - 20) comprising:
a stationary layer comprising at least one electrode (fig. 17, 530a/530b, 570r, 570l; fig. 18, 602, 578r/578l, 573r/573l);
a mirror (fig. 17, 122/132, 132- reflective surface);
a spring (fig. 17, 128a, 128b; fig. 18, 128b);
a movable layer coupled to the mirror (figs. 17, 122/132, 560a, 560b, ; fig. 18, 560b), the spring configured to move the movable layer and the mirror relative to the stationary layer (col. 12, line 8-13, movable plate unit 520, movable plates 560a and 560b that are located between the first hinges 124a and 124b and the second hinges 128a and 128b), and
the movable layer having a first perforation over at least a first portion of the at least one electrode (fig. 17, 530b, 572r; and perforations comprising 562r; fig. 18, 574r; and perforations comprising 564r), and the first perforation has a footprint that is larger than a footprint of the at least the first portion of the at least one electrode under the first perforation (fig. 17, 572r; and perforations comprising 562r; fig. 18, 574r; and perforations comprising 564r), and
the movable layer has a second perforation over at least a second portion of the at least one electrode (fig. 17, 572l, and perforations comprising 562l; fig. 18, 574l; and perforations comprising 564l); and
a support post coupled to the spring (figs. 17, 146b, 128b; fig. 18, 146b, 128b).
Regarding Claim 2, Murakami teaches the MEMS device of claim 1, wherein the at least one electrode has opposing surfaces that have a zig-zag shape (fig. 17, 562r, 562l; fig. 18, 564r,564l).
Regarding Claim 3, Murakami teaches the MEMS device of claim 1, wherein the at least one electrode has jagged opposing surfaces, and the first and second perforations have jagged opposing surfaces (fig. 17, 562r, 562l; and perforations comprising 562r and 562l; fig. 18, 564r,564l; and perforations comprising 564r and 564l).
Regarding Claim 4, Murakami teaches the MEMS device of claim 1, wherein the at least one electrode comprises a first electrode and a second electrode, the first and second electrodes are rectangular, and the first and second perforations are rectangular (fig. 17, 562r, 562l; and perforations comprising 562r and 562l; fig. 18, 564r,564l; and perforations comprising 564r and 564l).
Regarding Claim 5, Murakami teaches the MEMS device of claim 1, wherein: the at least one electrode comprises an array of electrodes; and the movable layer comprises an array of perforations including the first and second perforations (fig. 17, 562r, 562l; and perforations comprising 562r and 562l; fig. 18, 564r,564l; and perforations comprising 564r and 564l).
Regarding Claim 6, Murakami teaches the MEMS device of claim 1, wherein:
the at least one electrode comprises a first electrode, a second electrode, a third electrode, and a fourth electrode (fig. 17, 530b with 572r, 572l, and two electrodes with 530a –same structure as that of 530b); and
the movable layer further has a third perforation and a fourth perforation, the first electrode under the first perforation, the second electrode under the second electrode, the third perforation under the third electrode, and the fourth electrode under the fourth perforation (fig. 17, 530b with 572r, 572l, and two electrode with 530a –same structure as that of 530b; two perforations of 560b comprising 56r and 56l; and two perforations of 560a comprising two electrodes with 560a –same structure as that of 560b).
Regarding Claim 7, Murakami teaches the MEMS device of claim 1, wherein, upon application of a potential difference between the movable layer and the stationary layer, a fringing electric field is created between the movable layer and the stationary layer at the first and second perforations (fig. 18, 564r, 564l, 574r, 574l; fig. 19, 592r, 592l, 594r, 594l; fig. 20, oscillations of 560b).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Stephone Allen can be reached on (571) 272 2434.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872
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