Prosecution Insights
Last updated: July 17, 2026
Application No. 19/001,523

MEMS Microphone

Non-Final OA §102
Filed
Dec 25, 2024
Priority
Jun 06, 2024 — continuation of PCTCN2024097641
Examiner
BLAIR, KILE O
Art Unit
Tech Center
Assignee
AAC Technologies Holdings Inc.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
1y 8m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
442 granted / 697 resolved
+3.4% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
18 currently pending
Career history
716
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
77.5%
+37.5% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 697 resolved cases

Office Action

§102
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 § 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, 6, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao (CN 217591087). However, Zhao (US 20230379635) is an English translation of Zhao (CN 217591087) and the rejection will be detailed herein based on the US Patent Application Publication naming Zhao. In other words, the references to “Zhao”, hereinafter, refer to Zhao (US 20230379635). Regarding claim 1, Zhao teaches a MEMS microphone, comprising: a substrate with a cavity (base 1 with cavity 3, [0025], fig 4); a backplate disposed above the substrate (backplate 22, figs 4 & 5, [0025]); a diaphragm disposed between the backplate and the substrate (diaphragm 21, [0025], fig 4); and a limiting structure disposed in the cavity for limiting a maximum displacement of the diaphragm away from the backplate that is not less than a normal working displacement of the diaphragm away from the backplate (barrier structure 5 includes an outer frame portion 51 and a plurality of beam portions 52 connected to the outer frame portion 51 and extending inward, so as to effectively hinder the deformation of the diaphragm 21 and the backplate 22, [0027]). Regarding claim 2, Zhao teaches the MEMS microphone as described in claim 1, wherein the substrate comprises a top wall (top of 1, fig 4), a bottom wall opposite to the top wall (bottom of 1, not shown, fig 4), and an enclosure wall connecting the top wall and the bottom wall and enclosing the cavity (side wall of 3, fig 4), the limiting structure is formed by a single connecting wall connected to the enclosure wall (transition layer 4, fig 5, [0025]). Regarding claim 3, Zhao teaches the MEMS microphone as described in claim 1, wherein the substrate comprises a top wall (top of 1, fig 4), a bottom wall opposite to the top wall (bottom of 1, not shown, fig 4), and an enclosure wall connecting the top wall and the bottom wall and enclosing the cavity (side wall of 3, fig 4), the limiting structure is formed by at least two connecting walls connected to the enclosure wall and intersecting each other (beam portions 52, [0027], fig 6). Regarding claim 4, Zhao teaches the MEMS microphone as described in claim 3, wherein the at least two connecting walls intersect at one place and form equal intersection intervals (beam portions 52, [0027], fig 6). Regarding claim 6, Zhao teaches the MEMS microphone as described in claim 1, wherein the substrate comprises a top wall (top of 1, fig 4), a bottom wall (bottom of 1, not shown, fig 4) opposite to the top wall (top of 1, fig 4), and an enclosure wall connecting the top wall and the bottom wall and enclosing the cavity (side wall of 3, fig 4), the limiting structure is connected to the enclosure wall, the top wall is arranged flush with a top of the limiting structure (top of 1 is connected flush with transition layer 4, [0025], fig 5), a bottom of the limiting structure is closer to the diaphragm relative to the bottom wall (transition layer 4 is closer to diaphragm 21 than bottom of 1, figs 4 and 5). Regarding claim 8, Zhao teaches the MEMS microphone as described in claim 1, wherein the substrate comprises a top wall (top of 1, fig 4), a bottom wall opposite to the top wall (bottom of 1, not shown, fig 4), and an enclosure wall connecting the top wall and the bottom wall and enclosing the cavity (side wall of 3, fig 4), the limiting structure is connected to the enclosure wall, the top wall is closer to the diaphragm relative to a top of the limiting structure (top wof 1 is closer to disaphragm 21 than top of barrier structure 5, figs and 5 5), a bottom of the limiting structure is closer to the diaphragm relative to the bottom wall. Regarding claim 9, Zhao teaches the MEMS microphone as described in claim 1, wherein the substrate and the limiting structure are integrally formed (fig 5). Allowable Subject Matter Claims 5 and 7 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kile Blair whose telephone number is (571)270-3544. The examiner can normally be reached M-F. 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. 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. /KILE O BLAIR/Primary Examiner, Art Unit 2691
Read full office action

Prosecution Timeline

Dec 25, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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2y 1m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
71%
With Interview (+8.0%)
3y 2m (~1y 8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 697 resolved cases by this examiner. Grant probability derived from career allowance rate.

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