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 .
Claims 1-21 are cancelled.
Claims 22-42 are pending.
Claim Rejections - 35 USC § 103
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.
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 22, 24-30, 32-33, and 36-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia et al. (US #2021/0050506) in view of Rusconi Clerici Beltrami et al. (US #2020/0236467).
Regarding Claim 22, Xia discloses a MEMS transducer (title, abstract, figs. 1-3M, ¶0001), comprising:
a carrier (Xia ¶0020 discloses the hybrid active structure 110 can include a piezoelectric stack portion 120 and a mechanical portion 130 [i.e., carrier]. For example, the piezoelectric stack portion 120 can serve as a sensing part of the hybrid active structure 110 to generate electrical signal by piezoelectric effect while the mechanical portion 130 can provide an area for applying pressure or for tuning stiffness of the hybrid active structure 130. ¶0024 discloses as illustrated in fig. 1, the piezoelectric stack portion 120 overlaps the mechanical portion 130. Alternatively, the piezoelectric stack portion 120 overlaps the mechanical portion 130 at edges of the piezoelectric stack portion 120. In various non-limiting embodiments, the piezoelectric stack portion 120 may abut [or contacts] the mechanical portion 130 in the areas of overlap or overlap region 150. For example, the piezoelectric stack portion 120 overlaps the mechanical portion 130 without an additional adhesive layer therebetween [e.g., without additional layer to the one or more piezoelectric layers and electrode layers]. In various non-limiting embodiments, a piezoelectric layer [e.g., seed piezoelectric layer 121] of the piezoelectric stack portion 120 contacts the mechanical portion 130 in the areas of overlap between the piezoelectric stack portion 120 and the mechanical portion 130 (overlap region 150 of the piezoelectric stack portion 120 and the mechanical portion130, figs. 1-2F);
at least one piezoelectric element arranged on the carrier and deflectable in a direction of a stroke axis, the at least one piezoelectric element having at least two piezoelectric layers and at least one carrier layer (Xia ¶0021 discloses the piezoelectric stack portion 120 can include one or more piezoelectric layers. Each piezoelectric layer of the one or more piezoelectric layers can be disposed between two electrode layers. The piezoelectric stack portion 120 may include a first electrode layer 122, a piezoelectric layer 124 over the first electrode layer 122, and a second electrode layer 126 over the piezoelectric layer 124. The piezoelectric stack portion 120 may include a further piezoelectric layer 127 over the second electrode layer 126, and a further electrode layer 128 over the further piezoelectric layer 127. The piezoelectric stack portion 120 can further include a seed piezoelectric layer 121. The seed piezoelectric layer 121 can be disposed under the first electrode layer 122. The seed piezoelectric layer 121, for example, can facilitate the electrode layer and device layer [e.g., piezoelectric layer] arranged over the seed piezoelectric layer 121 having a good crystal orientation, fig. 1), wherein the at least two piezoelectric layers are configured to convert electrical signals and deflections of the at least one piezoelectric element from one into the other (Xia ¶0017 discloses the MEMS device having the hybrid active structure, which allows effective sensing and generation of electrical signal by the piezoelectric stack portion [the piezoelectric stack portion is arranged nearer to the anchor region and stress is concentrated nearer to the anchor region], while reducing or eliminating deflection of the cantilever or membrane by providing at least a segment of the mechanical portion [e.g., non-piezoelectric material with low stress gradient] in the free region of the hybrid active structure without trade-off on device performance. ¶0018 discloses the MEMS device can advantageously reduce deflection in the active structure having one or more of the piezoelectric layers [i.e., hybrid active structure], without trade-off on device performance. Further, the hybrid active structure can be able to maintain the same area of the cantilever/membrane in the MEMS device to achieve high sensitivity, and reduce deflection effectively which advantageously enables both high yield and high sensitivity of the device),
wherein the at least one carrier layer is arranged between two piezoelectric layers of the at least two piezoelectric layers in the direction of the stroke axis (Xia ¶0021 discloses the piezoelectric stack portion 120 can include a further piezoelectric layer 127 over the second electrode layer 126, and a further electrode layer 128 over the piezoelectric layer 127. For example, the first electrode layer 122 can be a bottom electrode, the second electrode layer 126 can be a middle electrode, and the further electrode layer 128 can be a top electrode of the piezoelectric stack portion 120. The piezoelectric stack portion 120 can include any number of piezoelectric layers and electrode layers).
Xia may not explicitly disclose a carrier; and at least one piezoelectric element arranged on the carrier and deflectable in a direction of a stroke axis, the at least one piezoelectric element having at least two piezoelectric layers and at least one carrier layer.
However, Rusconi Clerici Beltrami (title, abstract, figs. 1-12) teaches a carrier (Rusconi Clerici Beltrami figs. 3-5: carrier 32; ¶0069); and
at least one piezoelectric element arranged on the carrier (Rusconi Clerici Beltrami ¶0069 discloses the isolated chips 2, which are provided with respective contact points 19 on their upper surfaces of the piezoelectric layer 31 as schematically shown in fig. 2, are subsequently arranged spaced apart from one another. This can take place on a carrier 32, as represented in fig. 3. The isolated chips 2 are preferably adhesively bonded onto the carrier 32) and deflectable in a direction of a stroke axis, the at least one piezoelectric element having at least two piezoelectric layers and at least one carrier layer (Rusconi Clerici Beltrami ¶0045 discloses the at least one piezoelectric element is exposed in such a way that it is deflectable with respect to the support frame along a stroke axis. The diaphragm and the piezoelectric element are therefore connected to each other and are deflectable along the stroke axis).
Xia and Rusconi Clerici Beltrami are analogous art as they pertain to manufacturing piezoelectric MEMS device. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the invention was made to modify piezoelectric structure (as taught by Xia) for generating and/or detecting sound waves in the audible wavelength spectrum and/or ultrasonic range (as taught by Rusconi Clerici Beltrami, ¶0045) to provide a manufacturing method for MEMS sound transducers, with the aid of which MEMS sound transducers can be manufactured cost-effectively and/or to reducing the production waste (Rusconi Clerici Beltrami, ¶0004).
Claims 36-37 are rejected for the same reasons as set forth in Claim 22.
Regarding Claim 24, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 22,
wherein at least one piezoelectric layer of the at least two piezoelectric layers is arranged in each case below and above the at least one carrier layer in the direction of the stroke axis (Xia fig. 1: 126, 124, 127).
Regarding Claim 25, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 24,
wherein the same number of piezoelectric layers of the at least two piezoelectric layers are arranged in each case below and above the at least one carrier layer in the direction of the stroke axis (Xia fig. 1: 126, 122, 124, 127, 128).
Regarding Claim 26, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 24,
wherein two piezoelectric layers of the at least two piezoelectric layers are arranged in each case below and above the at least one carrier layer in the direction of the stroke axis (Xia fig. 1: 126, 122, 124, 127, 128).
Regarding Claim 27, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 22,
wherein the at least one carrier layer includes at least one metal layer and/or at least one oxide layer (Xia: the piezo layers are electrically contacted by electrodes, wherein the electrodes are made of metal in order to be electrically conductive. ¶0020: A hybrid active structure 110 may be disposed over the substrate 105. In various non-limiting embodiments, the hybrid active structure 110 may be used to generate electrical signals by piezoelectric effect. For example, the hybrid active structure may convert acoustic waves into electrical signals. ¶0021 discloses the piezoelectric stack portion 120 can include one or more piezoelectric layers. Each piezoelectric layer of the one or more piezoelectric layers can be disposed between two electrode layers. The piezoelectric stack portion 120 may include a first electrode layer 122, a piezoelectric layer 124 over the first electrode layer 122, and a second electrode layer 126 over the piezoelectric layer 124).
Regarding Claim 28, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 27, wherein the at least one metal layer comprises multiple metal layers and the at least one oxide layer comprises multiple oxide layers, the metal and oxide layers beings arranged alternatingly one above the other (Xia ¶0022 discloses the one or more piezoelectric layers may be formed of a piezoelectric material, including but not limited to, aluminum nitride [AIN], scandium-doped AIN [ScAIN], germanium-doped AIN [GeAIN], titanium-doped AIN [TiAIN], piezoelectric ceramic lead zirconate and titanate [PZT], zinc oxide [ZnO], or combinations thereof. ¶0021 discloses the piezoelectric stack portion 120 can include one or more piezoelectric layers. Each piezoelectric layer of the one or more piezoelectric layers can be disposed between two electrode layers. The piezoelectric stack portion 120 may include a first electrode layer 122, a piezoelectric layer 124 over the first electrode layer 122, and a second electrode layer 126 over the piezoelectric layer 124. The first electrode layer 122, for example, may be a bottom electrode while the second electrode layer 126 may be a top electrode of the piezoelectric stack portion 120. In other embodiments, the piezoelectric stack portion 120 may include a further piezoelectric layer 127 over the second electrode layer 126, and a further electrode layer 128 over the further piezoelectric layer 127. For example, the first electrode layer 122 may be a bottom electrode, the second electrode layer 126 may be a middle electrode, and the further electrode layer 128 may be a top electrode of the piezoelectric stack portion 120. In yet other embodiments, the piezoelectric stack portion 120 may include any number of piezoelectric layers and electrode layers).
Regarding Claim 29, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 27,
wherein the at least one oxide layer comprises at least two oxide layers, wherein an uppermost layer and a lowermost layer of the at least one carrier layer in the direction of the stroke axis is in each case an oxide layer of the at least two oxide layers other (Xia ¶0022 discloses the one or more piezoelectric layers can be formed of a piezoelectric material, including but not limited to, aluminum nitride [AIN], scandium-doped AIN [ScAIN], germanium-doped AIN [GeAIN], titanium-doped AIN [TiAIN], piezoelectric ceramic lead zirconate and titanate [PZT], zinc oxide [ZnO], or combinations thereof. ¶0021 discloses the piezoelectric stack portion 120 can include one or more piezoelectric layers. Each piezoelectric layer of the one or more piezoelectric layers can be disposed between two electrode layers. The piezoelectric stack portion 120 may include a first electrode layer 122, a piezoelectric layer 124 over the first electrode layer 122, and a second electrode layer 126 over the piezoelectric layer 124. The first electrode layer 122, for example, may be a bottom electrode while the second electrode layer 126 may be a top electrode of the piezoelectric stack portion 120).
Regarding Claim 30, Xia in view of Rusconi Clerici Beltrami discloses the MEMS sound transducer of claim 22,
wherein the at least one carrier layer is made of a polymer (Xia ¶0022 discloses as for the mechanical portion 130, it can be formed of a non-piezoelectric material such as silicon, polysilicon, silicon nitride, silicon carbide, polymers, in a non-limiting example).
Regarding Claim 32, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 22, wherein:
the at least two piezoelectric layers comprises between two and six piezoelectric layers (Xia ¶0021 discloses one or more piezoelectric layers [it is implicit for the piezoelectric layers to be between two and six]); and/or
the at least one piezoelectric element includes at least one electrode layer (Xia ¶0021 discloses piezoelectric layers can be disposed between two electrode layers); and/or
the at least one piezoelectric element includes at least one insulation layer (Xia ¶0034 discloses the substrate 105 can be a crystalline-on-insulator [COI] substrate, such as a silicon-on-insulator [SOI] substrate, in a non-limiting example. A COI substrate includes a surface crystalline layer separated from a bulk crystalline by an insulator layer. The insulator layer, for example, can be formed of a dielectric insulating material, such as silicon oxide. In the case a COI substrate is used, the insulator layer of the COI substrate can be used as the sacrificial layer 307, while the surface crystalline layer may be used as the non-piezoelectric layer 330).
Regarding Claim 33, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 22, further comprising a coupling element that couples the at least one piezoelectric element to a diaphragm (Xia ¶0031 discloses figs. 2E-2F show an exemplary top views of the hybrid active structure 110 with a membrane configuration. As illustrated, the mechanical portion 130 forms a center of the membrane. The piezoelectric stack portion 120 surrounds the mechanical portion 130. For example, the piezoelectric stack portion 120 can be arranged at the edge of the hybrid active structure 110 [e.g., anchor region] while the mechanical portion 130 can be arranged at the center of the hybrid active structure 110 [e.g., free region 117]. Referring to fig. 2F, the piezoelectric stack portion 120 may not completely surround the mechanical portion 130. In a non-limiting embodiment, the hybrid active structure 110 forms a diaphragm of an acoustic sensor).
Claims 38-42 are rejected for the same reasons as set forth in Claims 24-30 and 32-33.
Claim 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia et al. (US #2021/0050506) in view of Rusconi Clerici Beltrami et al. (US #2020/0236467) further in view of Mertin et al. (Piezoelectric and Structural Properties of c-axis Textured Aluminium Scandium Nitride Thin Films up to High Scandium Content).
Regarding Claim 23, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 22, wherein the at least two piezoelectric layers are made of scandium-aluminum nitride (Xia ¶0024 discloses the one or more piezoelectric layers may be formed of a piezoelectric material, including but not limited to, aluminum nitride (AIN), scandium-doped AIN (ScAIN), germanium-doped AIN (GeAIN), titanium-doped AIN (TiAIN), piezoelectric ceramic lead zirconate and titanate (PZT), zinc oxide (ZnO), or combinations thereof).
But Xia in view of Rusconi Clerici Beltrami may not explicitly disclose wherein the at least two piezoelectric layers are made of scandium-aluminum nitride, wherein a scandium content is between 30% and 70%.
However, Mertin (title, abstract, figs. 1-6) teaches wherein the at least two piezoelectric layers are made of scandium-aluminum nitride, wherein a scandium content is between 30% and 70% (Mertin section 3.1: structural characterisation; figs. 1 (a)-(c) shows TEM dark-field images for films with 31 and 42% Sc content, grown on Pt. From the SEM images the average grain size can be estimated to approx. 50 nm for 42% Sc).
Xia, Rusconi Clerici Beltrami, and Mertin are analogous art as they pertain to manufacturing piezoelectric MEMS device. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Xia in view of Rusconi Clerici Beltrami in light of the teachings of Mertin to include scandium-aluminum-nitride containing up to 42% Sc (as taught by Mertin, abstract) for the substantially increase of the piezoelectric properties which attracted much attention and makes ASN a promising upcoming piezoelectric material in the next generation of radio-frequency filters, sensors, etc. (Mertin, introduction, right column, first paragraph).
Claims 31 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia et al. (US PGPUB #2021/0050506) in view of Rusconi Clerici Beltrami et al. (US PGPUB #2020/0236467) further in view of Stopple et al. (US PGPUB #2017/0325030, hereinafter Stopple’030).
Regarding Claim 31, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 22, but may not explicitly disclose wherein the at least one piezoelectric element has a length in a longitudinal direction thereof from the carrier to a free end of the at least one piezoelectric element, the length ranging from between 0.5 mm and 2 mm.
However, Stopple’030 (title, abstract, figs. 1A-18) teaches wherein the at least one piezoelectric element has a length in a longitudinal direction thereof from the carrier to a free end of the at least one piezoelectric element, the length ranging from between 0.5 mm and 2 mm (Stopple’030 ¶0278: table typical minimum and maximum values of essential parameters, like deflection amplitude: 0.1 µm - 3 mm).
Xia, Rusconi Clerici Beltrami, and Stopple’030 are analogous art as they pertain to manufacturing piezoelectric MEMS device. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Xia in view of Rusconi Clerici Beltrami in light of the teachings of Stopple’030 to advantageously couple the stroke structure to the diaphragm via a plurality of regions arranged in a distributed manner (as taught by Stopple’030, ¶0075) to have a utilization of the inventive MEMS for sound generation, for ultrasound generation, for displacing liquids, for displacing gasses, or for generating droplets of liquid (Stopple’030, ¶0010).
Regarding Claim 34, Xia in view of Rusconi Clerici Beltrami discloses the MEMS transducer of claim 33, but may not explicitly disclose wherein the at least one piezoelectric element and the coupling element are coupled together by at least one spring element, wherein the at least one spring element is arranged between the at least one carrier layer and the coupling element in a longitudinal direction of the at least one piezoelectric element.
However, Stopple’030 (title, abstract, figs. 1-18) teaches wherein the at least one piezoelectric element and the coupling element are coupled together by at least one spring element, wherein the at least one spring element is arranged between the at least one carrier layer and the coupling element in a longitudinal direction of the at least one piezoelectric element (Stopple’030 fig. 1A: springs 108_1 and 108_2; ¶0218 discloses the connecting element 108_1 can comprise a spring element. As can be seen in figs. 6a to 6h, the spring element can include at least one flexion spring element 108B [fig. 6a], at least one torsion spring element 108T [fig. 6b], or a combination of at least one flexion spring element 108B and at least one torsion spring element 108T [figs. 6c to 6f]).
Xia, Rusconi Clerici Beltrami, and Stopple’030 are analogous art as they pertain to manufacturing piezoelectric MEMS device. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Xia in view of Rusconi Clerici Beltrami in light of the teachings of Stopple’030 since it is advantageous for the flexion spring element to be directly connected to the actuator and/or to be formed in one piece with same, and it is also advantageous for the torsion spring element to be arranged, in the direction of the flux of force, between the flexion spring element and the stroke structure (as taught by Stopple’030, ¶0036) to have a utilization of the inventive MEMS for sound generation, for ultrasound generation (Stopple’030, ¶0010).
Claim 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia et al. (US #2021/0050506) in view of Rusconi Clerici Beltrami et al. (US #2020/0236467) further in view of Stopple et al. (US #2017/0325030, hereinafter Stopple’030), and Stopple et al. (US #2020/0100033, hereinafter Stopple’033).
Regarding Claim 35, Xia in view of Rusconi Clerici Beltrami and Stopple’030 discloses the MEMS transducer of claim 34, but may not explicitly disclose wherein the at least one spring element is formed by the at least one carrier layer and/or by a polymer.
However, Stopple’033 (title, abstract, figs. 1a-16) teaches wherein the at least one spring element (Stopple’033 ¶0091 discloses as can be seen based on fig. 8b, folded springs whose gaps are provided with decoupled filling structures, e.g. of a material of the spring, serve as connection element) is formed by the at least one carrier layer and/or by a polymer (Stopple’033 ¶0104: table shows possible materials for individual functional elements, diaphragms: polymers).
Xia, Rusconi Clerici Beltrami, Stopple’030 and Stopple’033 are analogous art as they pertain to manufacturing piezoelectric MEMS device. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Xia in view of Rusconi Clerici Beltrami and Stopple’030 in light of the teachings of Stopple’033 to form springs of polymer material (as taught by Stopple’033, ¶0104) to have a first bending transducer that extends along a plane of the substrate; and a diaphragm element extending vertically to the first bending transducer, the diaphragm element being separated from the free end or the free side of the first bending transducer via a slit (Stopple’033, ¶0006).
Conclusion
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/YOGESHKUMAR PATEL/Primary Examiner, Art Unit 2691
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