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 3-5 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 3 recites the limitation "the anchor portion is formed on the isolation layer" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. The Examiner believes the Applicant meant “the anchor portion is formed on an isolation layer,” and has examined claim 3 accordingly.
Claims 4-5 are rejected for being based on claim 3.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi et al. (US CN216752098) herein Shi.
Regarding claim 1, Shi discloses a MEMS microphone chip (MEMS microphone of Figs. 1-5) comprising: a substrate having a back cavity (substrate 10 with back cavity 11, Fig. 3); a capacitance system mounted on the substrate and covering the back cavity (capacitor system 30 mounted on substrate 10 and covering the back cavity 11, Figs. 1-3), including: a diaphragm (diaphragm 33, Figs. 1-5), including: a vibration portion, and a plurality of elastic connection portions extended from an edge of the vibration portion to be fixed to the substrate (diaphragm 33 has a vibration portion and a plurality of elastic connection portions 34 extending from an edge of the vibration portion and fixed to the substrate, Figs. 2, 3, 5); and a back plate spaced apart from the diaphragm, including an anchor portion extended towards the diaphragm (back plate 32 spaced apart from diaphragm 33 including an anchor portion 352, 351 extended towards the diaphragm 33, Figs. 3, 4); wherein the vibration portion includes a central vibration portion and an outer vibration portion connected with the central vibration portion and the plurality of elastic connection portions (vibration portion of diaphragm 33 has a central vibration portion and an outer vibration portion connected to central vibration portion and plurality of elastic connection portions 34, Figs. 2, 5); the anchor portion is fixedly connected with the central vibration portion (anchor portion 351 is fixedly connected with the central vibration portion, Fig. 3).
Regarding claim 9, Shi discloses further comprising a support portion mounted on the substrate (support portion 212 mounted on substrate 10, Figs. 2, 3); an end of the elastic connection portion is fixed to the outer vibration portion, the other end of the elastic connection portion is fixed to the support portion (end of elastic connection portion 34 is fixed to the outer vibration portion and the other end of clastic connection portion 34 is fixed to the support portion 212, Figs. 2, 3).
Allowable Subject Matter
Claims 2 and 6-8 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.
Claims 3-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record teach various MEMS microphones for example: Tong et al. (US 2023/0217191), Jung (US 2022/0182745), Lee et al. (US 2020/0322732) and Sun (US 2019/0082269) that are considered relevant to the immediate application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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, Duc Nguyen can be reached at (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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