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 .
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 2-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of US Patent No. 12,192,704. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-8 of US Patent No. 12,192,704 disclose every limitation of claims 1-6 in the instant application.
Claims 9-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-12 of US Patent No. 12,192,704. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 7-12 of US Patent No. 12,192,704 disclose every limitation of claims 9-16 in the instant application.
For Example see below:
Instant Application
Copending Application No. 16/383,666
2. (New) A microelectromechanical system (MEMS) microphone comprising: a MEMS microphone die; and an acoustic sensor array formed into the MEMS microphone die, the acoustic sensor array comprising a plurality of MEMS acoustic sensor elements, wherein each one of the plurality of MEMS acoustic sensor elements is tuned to a resonant frequency, of a group of resonant frequencies.
1. A microelectromechanical system (MEMS) microphone comprising: a MEMS microphone die; an acoustic sensor array formed into the MEMS microphone die, the acoustic sensor array comprising a plurality of MEMS acoustic sensor elements, wherein respective ones of the plurality of MEMS acoustic sensor elements are tuned to different resonant frequencies; and an interconnect that electrically couples the acoustic sensor array to an impedance converter circuit.
9. (New) A microelectromechanical system (MEMS) microphone comprising: a housing assembly; a sensor layer hermetically sealed to an interior of the housing assembly, the sensor layer comprising a MEMS acoustic sensor array; and a connector layer removably coupled to the sensor layer at a defined distance from the sensor layer, resulting in a gap between the sensor layer and the connector layer, wherein the connector layer is hermetically sealed to the interior of the housing assembly.
7. A microelectromechanical system (MEMS) microphone comprising: a housing assembly; a first opening, of a first size, formed into a surface of the housing assembly; a sensor layer, situated parallel to the surface of the housing assembly and hermetically sealed to an interior of the housing assembly, the sensor layer comprising a MEMS acoustic sensor array having a second size that is no greater than the first size; a connector layer removably coupled to the sensor layer at a defined distance from the sensor layer, resulting in a gap between the sensor layer and the connector layer, wherein the connector layer is situated parallel to the sensor layer and hermetically sealed to the interior of the housing assembly; and a second opening formed into the housing assembly that exposes the gap between the sensor layer and the connector layer to an environment.
Allowable Subject Matter
Claims 2-16 contain limitations allowable over the prior art and will be in condition for allowance once the double patenting rejections are overcome.
Claims 17-21 are allowed.
The following is an examiner's statement of reasons for allowance: the prior art of records teaches various MEMS microphones, for example: Ayazi et al. (US 2021/0127202), Tanaka et al. (US 2019/0301956) and Oliaei (US 2016/0090293). However, the prior art of record fails to show “wherein each one of the plurality of MEMS acoustic sensor elements is damped according to a damping ratio selected from the group consisting of a critically damped damping ratio, an overdamped damping ratio, and a minimally underdamped damping ratio,” as required by claim 17 when combined with all the limitations of claim 17.
Conclusion
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/SEAN H NGUYEN/ Primary Examiner, Art Unit 2691
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