Prosecution Insights
Last updated: October 23, 2026
Application No. 18/910,213

MEMS ELEMENT AND PIEZOELECTRIC ACOUSTIC DEVICE

Non-Final OA §102
Filed
Oct 09, 2024
Priority
May 12, 2022 — JP 2022-078862 +2 more
Examiner
GEBREMARIAM, SAMUEL A
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Murata Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
708 granted / 850 resolved
+15.3% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
20 currently pending
Career history
868
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
38.2%
-1.8% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 resolved cases

Office Action

§102
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. Claim(s) 1-2, 12, 14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Usuki et al., JP 2005285558. Regarding claim 1, Usuki discloses (fig. 1 and related text) a MEMS element comprising: a piezoelectric element (fig. 1) including a piezoelectric membrane (102) having a ferroelectric (102 can be PZT, lead lanthanum titanate, hence ferroelectric) and configured to vibrate (resonance characteristics) based on an application of a voltage (refer to the description of fig. 3); and a diode portion (11) electrically connected in parallel (refer to [1-2] and the equivalent circuit of fig. 2) to the piezoelectric element and including a diode (111). Regarding claim 2, Usuki discloses the piezoelectric element and the diode portion are formed on a single semiconductor substrate (14, silicon). Regarding claim 12, Usuki discloses a piezoelectric acoustic device (fig. 1 description) comprising: a MEMS element comprising: a piezoelectric element including a piezoelectric membrane (102) including a ferroelectric (102 can be PZT, lead lanthanum titanate, hence ferroelectric) and configured to vibrate based on an application of a voltage (resonance characteristics); and a diode portion (11) electrically connected in parallel (refer to [1-2] and the equivalent circuit of fig. 2) to the piezoelectric element and including a diode (111). Regarding claim 14, Usuki discloses the piezoelectric acoustic device includes a MEMS speaker (acoustic device includes speaker). Regarding claim 19, Usuki discloses a method of manufacturing a MEMS element comprising: providing a piezoelectric element including a piezoelectric membrane (102) including a ferroelectric (102 can be PZT, lead lanthanum titanate, hence ferroelectric) and configured to vibrate based on an application of a voltage; and electrically connecting a diode portion in parallel to the piezoelectric element and including a diode. Allowable Subject Matter Claims 3-11, 13, 15-18 and 20 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL A GEBREMARIAM whose telephone number is (571)272-1653. The examiner can normally be reached 8:30-4PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynne Gurley can be reached at 571-272-1670. 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. /SAMUEL A GEBREMARIAM/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Oct 09, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12772750
OPTIMIZED PHASE CHANGE MEMORY STRUCTURE TO IMPROVE NUCLEATION TIME VARIATION
4y 5m to grant Granted Oct 20, 2026
Patent 12772591
BOND STRUCTURES HAVING SHIELDING STRUCTURES FOR STACKED CHIPS
3y 6m to grant Granted Oct 20, 2026
Patent 12759867
MEMS Structure with Reduced Peeling and Methods Forming the Same
3y 9m to grant Granted Oct 13, 2026
Patent 12765205
DISPLAY DEVICE
2y 7m to grant Granted Oct 13, 2026
Patent 12753067
MEMS STRUCTURE INCLUDING A BURIED CAVITY WITH ANTISTICTION PROTUBERANCES, AND MANUFACTURING METHODS THEREOF
3y 5m to grant Granted Oct 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
91%
With Interview (+8.1%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 850 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month