Prosecution Insights
Last updated: May 29, 2026
Application No. 18/925,502

ACOUSTIC WAVE DEVICE

Non-Final OA §102§103§112
Filed
Oct 24, 2024
Priority
Jun 22, 2022 — JP 2022-100350 +1 more
Examiner
OUTTEN, SAMUEL S
Art Unit
2843
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Murata Manufacturing Co. Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
506 granted / 642 resolved
+10.8% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
674
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
86.8%
+46.8% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 642 resolved cases

Office Action

§102 §103 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 cites the limitation “the step portion is located on the opposite side of the piezoelectric layer.” The limitation does not does not provide an object for the step portion to be located opposite to, and the specification does not provide any use of the term “opposite” for clarity. The preceding limitation discusses a portion of the wiring electrode which includes the step portion referred to by the limitation in question, and thus cannot be the missing object as the specification does not disclose a step portion located opposite the piezoelectric layer to itself. Claim 1 is thus rendered indefinite, with claims 2-20 rendered indefinite as being dependent thereupon. For examination purposes, the limitation “the step portion is located on the opposite side of the piezoelectric layer” will be removed. 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) 1-4, 8, 10-13, 15, 17, & 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (US PGPub 20200274520) As per claim 1: Shin et al. discloses in Fig. 7C: An acoustic wave device (title), comprising: a first acoustic wave resonator (72’) including a piezoelectric substrate including a piezoelectric layer (105) including a first main surface (top) and a second main surface (bottom) opposing each other, a first excitation electrode (84) provided on the first main surface of the piezoelectric layer, and a second excitation electrode (83) provided on the second main surface of the piezoelectric layer; a second acoustic wave resonator (74’) sharing the piezoelectric substrate with the first acoustic wave resonator, and including a third excitation electrode (94, labeled in related Fig. 7A) provided on the first main surface of the piezoelectric layer, and a fourth excitation electrode (93) provided on the second main surface of the piezoelectric layer; and a wiring electrode (conductor 76 & contact 80) on the first main surface of the piezoelectric layer; wherein the first excitation electrode and the second excitation electrode oppose each other with the piezoelectric layer interposed therebetween, a region of the piezoelectric layer interposed between the first excitation electrode and the second excitation electrode is a first excitation region, the third excitation electrode and the fourth excitation electrode oppose each other with the piezoelectric layer interposed therebetween, a region of the piezoelectric layer interposed between the third excitation electrode and the fourth excitation electrode is a second excitation region; the piezoelectric substrate includes one or more acoustic reflectors (air cavities 85 & 95) overlapping the first excitation region and the second excitation region in a plan view; each of the first excitation electrode and the third excitation electrode is provided individually (as shown in Fig. 7C, with electrodes separated over individual air cavities), and the wiring electrode connects the first excitation electrode and the third excitation electrode; and a portion of the wiring electrode overlapping a portion between the first excitation electrode and the third excitation electrode in the plan view includes a step portion (increase in thickness from conductor 76 to top of contact 80). As per claim 2: Shin et al. discloses in Fig. 7C: the piezoelectric substrate includes an insulating layer (second passivation layer 87/97, comprising SiO2 [0141]); and of the first main surface and the second main surface of the piezoelectric layer, the first main surface is located closer to the insulating layer than the second main surface (second passivation layer 87/97 is on the first main surface). As per claim 3: Shin et al. discloses in Fig. 7C: a thickness of the wiring electrode is larger than a thickness of the first excitation electrode, and is larger than a thickness of the third excitation electrode (wiring electrode extends from top of piezoelectric layer 105 to top of conductor 80, shown to be higher than upper surface of excitation electrodes). As per claim 4: Shin et al. discloses in Fig. 7C: the wiring electrode extends to a surface of the first excitation electrode adjacent to the acoustic reflectors and a surface of the third excitation electrode adjacent to the acoustic reflectors (wiring electrode extends to top of piezoelectric layer 105, near the bottom surface of the first and third excitation electrodes adjacent to the acoustic reflectors as opposed to the top surface). As per claim 8: Shin et al. discloses in Fig. 7C: the acoustic reflectors include a first acoustic reflector (air cavity 85) overlapping the first excitation region in the plan view, and a second acoustic reflector (air cavity 95) overlapping the second excitation region in the plan view; and each of the first acoustic reflector and the second acoustic reflector is provided individually (as seen in Fig. 7C). As per claim 10: Shin et al. discloses in Fig. 12B: one of the acoustic reflectors (air cavity 145, [0167]) overlaps both of the first excitation region and the second excitation region in the plan view. As per claim 11: Shin et al. discloses in Fig. 7C: each of the acoustic reflectors includes a cavity portion in the piezoelectric substrate (air cavities 85 & 95). As per claim 12: Shin et al. discloses in Fig. 7C: the acoustic reflectors are each an acoustic reflective film (passivation layer 106) provided in the piezoelectric substrate. As per claim 13: Shin et al. discloses in Fig. 7C: any one of lithium tantalate, lithium niobate, or aluminum nitride is included as a material of the piezoelectric layer ([0139]). As per claim 15: Shin et al. discloses in Fig. 1 & 7C: one or more resonators other than the first acoustic wave resonator and the second acoustic wave resonator (Fig. 7C is an anti-series resonator, with TS6 & TS7 of Fig. 1 being anti-series resonators, with additional resonators of TS1-5, [0108, 0130]); wherein the first acoustic wave resonator and the second acoustic wave resonator are connected in series (anti-series, [0130]) with each other. As per claim 17: Shin et al. discloses in Fig. 7C: the first excitation electrode, the third excitation electrode, and the wiring electrode are embedded in the insulating layer (as seen in Fig. 7C). As per claim 19: Shin et al. discloses in Fig. 7C: a gap (air bridge 77) is defined between the wiring electrode and the cavity portion. As per claim 20: Shin et al. discloses in Fig. 1 & 7C: the acoustic wave device is a ladder filter (as seen in Fig. 1) or a transmission filter (Fig. 7C is an anti-series resonator, with TS6 & TS7 of Fig. 1 being anti-series resonators, with additional resonators of TS1-5, [0108, 0130]). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US PGPub 20200274520) in view of Yamada et al. (US PGPub 20050248238) As per claim 9: Shin et al. does not disclose: the wiring electrode does not overlap the first acoustic reflector and the second acoustic reflector in the plan view. Yamada et al. discloses in Fig. 3B: Connected adjacent bulk acoustic wave resonators (between D0 with lower electrodes 15, piezoelectric film 16, and upper electrode 17a) with separate acoustic reflectors (via hole 22) and the resonators’ upper electrodes connected by a wiring electrode (17Ab, as labeled in Fig. 3A), wherein the wiring electrode is the portion of the upper electrode that does not overlap the lower electrodes, and further does not overlap the acoustic reflectors in a plan view (as seen in Fig. 3B). At the time of filing, it would have been obvious to one of ordinary skill in the art for the acoustic reflectors to be positioned entirely under the electrodes of the first and second acoustic wave resonators and not overlapping with the wiring electrode of Shin et al. as an art-recognized alternative configuration of acoustic wave reflectors as taught by Yamada et al., and further for the width of the wiring electrode to be reduced as to not overlap the first and second acoustic reflector in the plan view to provide the benefit of reducing the material of the wiring electrode and controlling the electrical properties thereof as is well understood in the art. Claim(s) 5-7, 16, & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US PGPub 20200274520) in view of Takahashi et al. (US PGPub 20190115901) As per claim 5: Shin et al. does not disclose: a thickness of the wiring electrode is equal to or less than a thickness of the first excitation electrode, and is equal to or less than a thickness of the third excitation electrode. Takahashi et al. discloses in Fig. 3: Forming electrodes (16a with 20) with mass loading films (20 [0073]) for controlling the frequency of a resonator ([0037]), wherein the addition of a mass loading film causes an electrode thickness (16a & 20) to be greater than the thickness of a wiring electrode (layer 17b between 16a and 16b) between two resonators (11a and 11b). At the time of filing, it would have been obvious to one of ordinary skill in the art to form the first and third excitation electrodes of Shin et al. with additional mass loading films so that the first and third excitation electrodes have thicknesses greater than or equal to a thickness of the wiring electrode to provide the benefit of controlling the frequency of the resonator as taught by Takahashi ([0037]). As a consequence of the combination, a thickness of the wiring electrode is equal to or less than a thickness of the first excitation electrode, and is equal to or less than a thickness of the third excitation electrode. As per claim 6: Shin et al. discloses in Figs. 7C: the wiring electrode at least connects an electrode layer of the first excitation electrode closest to the piezoelectric layer and an electrode layer of the third excitation electrode closest to the piezoelectric layer ([0134] and as seen in Fig. 7C). Shin et al. does not disclose: each of the first excitation electrode and the third excitation electrode includes a plurality of electrode layers. Takahashi et al. discloses in Fig. 3: Forming a first and second excitation electrode (16a and 16b) and connecting wiring electrode (portions comprising metal layer 22c and 17a&b below metal layer 22c) of connected bulk acoustic wave resonators (11a and 11b) from a plurality of electrode layers, wherein the wiring electrode connects the electrode layers closest to the piezoelectric layer of the first and second excitation electrode (as seen in Fig. 3). At the time of filing, it would have been obvious to one of ordinary skill in the art to form the first and second excitation electrodes from a plurality of electrode layers as an art-recognized alternative method of forming electrodes as disclosed by Takahashi et al. ([0039]) As a consequence of the combination, the combination discloses each of the first excitation electrode and the third excitation electrode includes a plurality of electrode layers; and the wiring electrode at least connects one of the plurality of electrode layers of the first excitation electrode closest to the piezoelectric layer and one of the plurality of electrode layers of the third excitation electrode closest to the piezoelectric layer. As per claim 7: Shin et al. does not disclose: the wiring electrode includes a plurality of wiring electrode portions made of materials different from each other. Takahashi et al. discloses in Fig. 3: Forming a wiring electrode to include a plurality of wiring electrode portions made of materials different from each other ([0042]). At the time of filing, it would have been obvious to one of ordinary skill in the art to form the wiring electrode from a plurality of wiring electrode portions made of materials different from each other to provide the benefit of improving adhesiveness between electrode materials and providing a desired low resistance, as taught by Takahashi ([0042]). As per claim 16: Shin et al. does not disclose: the first excitation region and the second excitation region each have a circular or substantially circular shape in the plan view. Takahashi et al. discloses in Fig. 3: Resonators may be formed in elliptical or polygonal shapes ([0090]). At the time of filing, it would have been obvious to one of ordinary skill in the art for the first excitation region and the second excitation region each have a circular or substantially circular shape in the plan view as one of a number of art-recognized alternative/equivalent shapes for a resonator to be formed in as desired as taught by Takahashi et al. ([0090]) As per claim 18: Shin et al. does not disclose: a material of the wiring electrode is different from a material of the first excitation electrode and a material of the third excitation electrode. Takahashi et al. discloses in Fig. 3: Forming a first and second excitation electrode (16a and 16b) and connecting wiring electrode (portions comprising metal layer 22c and 17a&b below metal layer 22c) of connected bulk acoustic wave resonators (11a and 11b) from a plurality of electrode layers, wherein the plurality of different layers may comprise separate metals for desired results ([0039, 0042, 0105-0109]). At the time of filing, it would have been obvious to one of ordinary skill in the art for a material of the wiring electrode to be different from a material of the first excitation electrode and a material of the third excitation electrode to provide the benefit of desired electrical properties as taught by Takahashi et al. ([0042]) Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US PGPub 20200274520) in view of Kim et al. (US PGPub 20200119716) As per claim 14: Shin et al. discloses in Figs. 1 & 7C: one or more resonators (TS1-5 & TP1-5) other than the first acoustic wave resonator and the second acoustic wave resonator ([0130]); a signal terminal (transmit port TX); and a ground terminal (ground, as shown in Fig. 1) Shin et al. does not disclose: the first acoustic wave resonator and the second acoustic wave resonator are connected in parallel to each other; and the wiring electrode is connected to any one of the resonators other than the first acoustic wave resonator and the second acoustic wave resonator, the signal terminal and the ground terminal. Kim et al. discloses in Figs. 2 & 3: Connecting bulk acoustic wave resonators in anti-parallel or in anti-series to cancel out non-linear properties ([0055]). At the time of filing, it would have been obvious to one of ordinary skill in the art to connect the first and second acoustic wave resonators in parallel to each other to provide the benefit of cancelling out non-linear properties as taught by Kim et al. ([0055]) and as an alternative/equivalent non-linear properties suppression method to an anti-series connection as taught by Kim et al. ([0055]), and for the first and second resonators to be connected to the adjacent resonator through second metal layer contact 80 as a component for providing electrical connection as taught by Shin et al. ([0138]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S OUTTEN whose telephone number is (571)270-7123. The examiner can normally be reached M-F: 9:30AM-6:00PM. 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, Andrea Lindgren Baltzell can be reached at (571) 272-1988. 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 S Outten/Primary Examiner, Art Unit 2843
Read full office action

Prosecution Timeline

Oct 24, 2024
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+20.6%)
2y 6m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 642 resolved cases by this examiner. Grant probability derived from career allowance rate.

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