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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 28-30 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 28 and 30 are dependent on cancelled claim 1 and claim 29 is dependent on rejected claim 28. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 21-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 –10 of US Patent No. 12,185,061. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 –10 of US Patent No. 12,185,061disclose every limitation of claims 21-30 in the instant application.
Claims 31-37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 –10 of US Patent No. 12,185,061. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 –10 of US Patent No. 12,185,061disclose every limitation of claims 31-37 in the instant application.
Claims 38-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 –10 of US Patent No. 12,185,061. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 –10 of US Patent No. 12,185,061disclose every limitation of claims 38-40 in the instant application.
For Example see below:
Instant Application
US Patent No. 12,185,061
21. (New) An electronic device comprising: a micro electro-mechanical system (MEMS) device comprising: a substrate; a cap coupled to the substrate, wherein the cap is vertically disposed above the substrate and wherein a cavity is formed between the cap and the substrate; a movable structure disposed within the cavity, wherein the movable structure comprises a top surface and a bottom surface, wherein the bottom surface is vertically disposed above the substrate, and wherein the top surface is vertically disposed below the cap, wherein the movable structure is configured to receive a plurality of electrostatic forces, and wherein a portion of the movable structure is configured to be displaced vertically with respect to the substrate and to form an output pressure, in response to the plurality of electrostatic forces; a plurality of electrodes vertically disposed relative to the movable structure in the cavity, wherein the plurality of electrodes are configured to receive electrical signals and wherein the plurality of electrodes are configured to facilitate formation of the plurality of electrostatic forces, in response to the electrical signals; and one or more cavity openings configured to allow material to move in or out of the cavity in response to the output pressure; and a CMOS device coupled to the MEMS device, wherein the CMOS device is configured to output the electrical signals.
1. A micro-speaker device comprising: a movable structure having a top surface and a bottom surface, wherein the movable structure is characterized by a planar direction, wherein portions of the movable structure are configured to be displaced in a direction other than the planar direction in response to a plurality of electrostatic forces, and wherein displacement of the portions of the movable structure are associated with an air pressure differential; a substrate layer coupled to the movable structure, wherein the substrate layer is disposed below the bottom surface of the movable structure, wherein the substrate includes a plurality of electrodes disposed below the bottom surface of the movable structure, and wherein the plurality of electrodes are configured to apply the plurality of electrostatic forces to the movable structure in response to electrical signals; and an enclosure coupled to the substrate layer and disposed above the top surface of the movable structure, wherein the enclosure includes a cavity, wherein the movable structure is disposed within the cavity, and wherein the enclosure includes one or more vent openings to allow air to move in or out of the cavity in response to the air pressure differential.
6. The device of claim 1 wherein a first plurality of electrodes from the plurality of electrodes disposed below the bottom surface of the movable structure are configured to apply a first electrostatic force from the plurality of electrostatic forces to the movable structure; and wherein the first electrostatic force comprises an attractive electrostatic force.
7. The device of claim 1 wherein the movable structure is displaced away from the substrate layer in response to the plurality of electrostatic forces.
9. The device of claim 1 wherein the substrate includes one or more vent openings to allow air to move in or out from underneath the bottom surface of the movable structure.
10. The device of claim 9 wherein the substrate comprises a plurality of CMOS devices configured to provide the electrical signals.
31. (new) A method for operating an electronic device including a micro electro- mechanical system (MEMS) device having a substrate, a cap vertically disposed above the substrate and forming a cavity, and a movable structure disposed within the cavity, the method comprising: determining, in a CMOS device coupled to the MEMS device, an electrical signal; applying, from the CMOS device to a plurality of electrodes disposed within the cavity, the electrical signal to thereby form an electrostatic force upon the movable structure; displacing the movable structure from a first position relative to the plurality of electrodes to a second position relative to the plurality of electrodes, in response to the electrostatic force; and passing a material through a vent coupled to the cavity, in response to the movable structure being displaced from the first position to the second position.
1. A micro-speaker device comprising: a movable structure having a top surface and a bottom surface, wherein the movable structure is characterized by a planar direction, wherein portions of the movable structure are configured to be displaced in a direction other than the planar direction in response to a plurality of electrostatic forces, and wherein displacement of the portions of the movable structure are associated with an air pressure differential; a substrate layer coupled to the movable structure, wherein the substrate layer is disposed below the bottom surface of the movable structure, wherein the substrate includes a plurality of electrodes disposed below the bottom surface of the movable structure, and wherein the plurality of electrodes are configured to apply the plurality of electrostatic forces to the movable structure in response to electrical signals; and an enclosure coupled to the substrate layer and disposed above the top surface of the movable structure, wherein the enclosure includes a cavity, wherein the movable structure is disposed within the cavity, and wherein the enclosure includes one or more vent openings to allow air to move in or out of the cavity in response to the air pressure differential.
6. The device of claim 1 wherein a first plurality of electrodes from the plurality of electrodes disposed below the bottom surface of the movable structure are configured to apply a first electrostatic force from the plurality of electrostatic forces to the movable structure; and wherein the first electrostatic force comprises an attractive electrostatic force.
7. The device of claim 1 wherein the movable structure is displaced away from the substrate layer in response to the plurality of electrostatic forces.
9. The device of claim 1 wherein the substrate includes one or more vent openings to allow air to move in or out from underneath the bottom surface of the movable structure.
10. The device of claim 9 wherein the substrate comprises a plurality of CMOS devices configured to provide the electrical signals.
38. (new) a method for operating an electronic device comprising: generating, with a CMOS device, a plurality of electrical signals; applying from the CMOS device to a plurality of electrodes disposed within a micro electro-mechanical system, the plurality of electrical signals, wherein the MEMS system also comprises a movable structure disposed in a vertical direction with respect to the plurality of electrodes, wherein a plurality of electrostatic forces are generated between the movable structure and the plurality of electrodes, in response to the application of the plurality of electrical signals; and displacing the movable structure relative to the plurality of electrodes in the vertical direction in response to the plurality of electrostatic forces, to thereby generate a physical output signal, wherein the physical output signal is selected from a group consisting of: a sound and a vibration.
1. A micro-speaker device comprising: a movable structure having a top surface and a bottom surface, wherein the movable structure is characterized by a planar direction, wherein portions of the movable structure are configured to be displaced in a direction other than the planar direction in response to a plurality of electrostatic forces, and wherein displacement of the portions of the movable structure are associated with an air pressure differential; a substrate layer coupled to the movable structure, wherein the substrate layer is disposed below the bottom surface of the movable structure, wherein the substrate includes a plurality of electrodes disposed below the bottom surface of the movable structure, and wherein the plurality of electrodes are configured to apply the plurality of electrostatic forces to the movable structure in response to electrical signals; and an enclosure coupled to the substrate layer and disposed above the top surface of the movable structure, wherein the enclosure includes a cavity, wherein the movable structure is disposed within the cavity, and wherein the enclosure includes one or more vent openings to allow air to move in or out of the cavity in response to the air pressure differential.
6. The device of claim 1 wherein a first plurality of electrodes from the plurality of electrodes disposed below the bottom surface of the movable structure are configured to apply a first electrostatic force from the plurality of electrostatic forces to the movable structure; and wherein the first electrostatic force comprises an attractive electrostatic force.
7. The device of claim 1 wherein the movable structure is displaced away from the substrate layer in response to the plurality of electrostatic forces.
9. The device of claim 1 wherein the substrate includes one or more vent openings to allow air to move in or out from underneath the bottom surface of the movable structure.
10. The device of claim 9 wherein the substrate comprises a plurality of CMOS devices configured to provide the electrical signals.
Allowable Subject Matter
Claims 21-40 contain limitations allowable over the prior art and will be in condition for allowance one the double patenting rejections are overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record teaches various MEMS Electrostatic Speakers for example: Dehe et al. (US 2013/0089224), Pedersen (US 2007/0140514), Stoppel et al. (US 2017/0325030) and Lo et al. (US 2021/0297787)
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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