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 filed 1-13-2025
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4-15-2025 was filed after the mailing date of the application filed on 1-13-2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 2022/0167096. While the claims are not identical, the claims of U.S. Patent No. 2022/0167096 include all the elements of the instant claims and the claims directed to the same invention with obvious wording variations. For these reasons, the two set of claims are not patentably distinct.
Instant Application
U.S. Patent No. 2022/0167096.
1, An optical microphone assembly, comprising: a micro-electromechanical system (MEMS) component comprising an interferometric arrangement, the interferometric arrangement comprising a membrane and at least one optical element spaced from the membrane;
at least one photo detector;
a light source; and
a housing defining an aperture, wherein the aperture is provided with an acoustically transparent cover which does not create an acoustic cavity between the acoustically transparent cover and a side of the membrane that is in fluid communication with an exterior of the optical microphone assembly;
wherein the MEMS component is sealed to the housing with the interferometric arrangement positioned between the light source and the acoustically transparent cover such that the MEMS component closes the aperture and does not create an acoustic cavity between the acoustically transparent cover and the side of the membrane that is in fluid communication with the exterior of the optical microphone assembly;
wherein the at least one photo detector is mounted in a spaced relationship with the MEMS component such that the MEMS component has a displacement relative to the at least one photo detector in a direction perpendicular to a reflecting surface of the membrane;
wherein the light source is arranged to provide light to the interferometric arrangement such that a first portion of said light propagates along a first optical path via said interferometric arrangement and a second portion of said light propagates along a second, different optical path via said interferometric arrangement such that at least one of said first and second portions is reflected by the reflecting surface of the membrane, thereby giving rise to an optical path difference between the first and second optical paths which depends on a distance between the membrane and the optical element; and
wherein the at least one photo detector is arranged to detect at least part of an interference pattern generated by said first and second portions of light dependent on said optical path difference.
1. An optical microphone assembly, comprising: a micro-electromechanical system (MEMS) component comprising an interferometric arrangement, the interferometric arrangement comprising a membrane and at least one optical element spaced from the membrane;
a semiconductor chip comprising
at least one photo detector;
a light source mounted on or integrated in the semiconductor chip;
a non-MEMS supporting structure; and an outer housing including at least part of the non-MEMS supporting structure, the outer housing defining an aperture; wherein the MEMS component is mounted on the non-MEMS supporting structure and sealed to the outer housing such that the MEMS component closes the aperture;
wherein the semiconductor chip is mounted separately from the MEMS component on the non-MEMS supporting structure in a spaced relationship with the MEMS component such that the MEMS component has a displacement relative to the semiconductor chip in a direction perpendicular to a reflecting surface of the membrane;
wherein the light source is arranged to provide light to the interferometric arrangement such that a first portion of said light propagates along a first optical path via said interferometric arrangement and a second portion of said light propagates along a second, different optical path via said interferometric arrangement such that at least one of said first and second portions is reflected by the reflecting surface of the membrane, thereby giving rise to an optical path difference between the first and second optical paths which depends on a distance between the membrane and the optical element; and
wherein the at least one photo detector is arranged to detect at least part of an interference pattern generated by said first and second portions of light dependent on said optical path difference.
6, the optical microphone assembly as claimed in claim 1, wherein the aperture has a width or diameter at least as large as a width or diameter of the membrane.
2. The optical microphone assembly as claimed in claim 1, wherein the aperture has a width or diameter at least as large as a width or diameter of the membrane.
7, the optical microphone assembly as claimed in claim 1, wherein the width or diameter of the aperture is at least 500µm.
3. The optical microphone assembly as claimed in claim 1, wherein the width or diameter of the aperture is at least 500 μm.
8, the optical microphone assembly as claimed in claim 1, wherein the aperture is flared such that the aperture has an inner width or diameter adjacent an interior of the optical microphone assembly and an outer width or diameter adjacent the exterior of the optical microphone assembly, wherein the outer width or diameter is larger than the inner width or diameter.
4. The optical microphone assembly as claimed in claim 1, wherein the aperture is flared such that the aperture has an inner width or diameter adjacent an interior of the optical microphone assembly and an outer width or diameter adjacent an exterior of the optical microphone assembly, wherein the outer width or diameter is larger than the inner width or diameter.
9, the optical microphone assembly as claimed in claim 1, wherein the displacement of the MEMS component relative to the at least one photo detector in the direction perpendicular to the reflecting surface of the membrane is at least 250µm.
5. The optical microphone assembly as claimed in claim 1, wherein the displacement of the MEMS component relative to the semiconductor chip in the direction perpendicular to the reflecting surface of the membrane is at least 250 μm.
10, a method of manufacturing an optical microphone assembly, wherein the optical microphone assembly comprises:
a micro-electromechanical system (MEMS) component comprising an interferometric arrangement, the interferometric arrangement comprising a membrane and at least one optical element spaced from the membrane;
at least one photo detector;
a light source; and
a housing defining an aperture, wherein the aperture is provided with an acoustically transparent cover which does not create an acoustic cavity between the acoustically transparent cover and a side of the membrane that is in fluid communication with an exterior of the optical microphone assembly;
the method comprising:
mounting the MEMS component such that the MEMS component is sealed to the housing with the interferometric arrangement positioned between the light source and the acoustically transparent cover such that the MEMS component closes the aperture and does not create an acoustic cavity between the acoustically transparent cover and the side of the membrane that is in fluid communication with the exterior of the optical microphone assembly;
positioning the light source to provide light to the interferometric arrangement such that a first portion of said light propagates along a first optical path via said interferometric arrangement and a second portion of said light propagates along a second, different optical path via said interferometric arrangement such that at least one of said first and second portions is reflected by the reflecting surface of the membrane, thereby giving rise to an optical path difference between the first and second optical paths which depends on a distance between the membrane and the optical element; and positioning the at least one photo detector in a spaced relationship with the MEMS component such that the MEMS component has a displacement relative to the at least one photo detector in a direction perpendicular to a reflecting surface of the membrane and such that the at least one photo detector is arranged to detect at least part of an interference pattern generated by said first and second portions of light dependent on said optical path difference.
17. A method of manufacturing an optical microphone assembly, wherein the optical microphone assembly comprises:
a micro-electromechanical system (MEMS) component comprising an interferometric arrangement, the interferometric arrangement comprising a membrane and at least one optical element spaced from the membrane; a semiconductor chip comprising
at least one photo detector;
a light source mounted on or integrated in the semiconductor chip;
a non-MEMS supporting structure; and an outer housing including at least part of the non-MEMS supporting structure, the outer housing defining an aperture;
the method comprising:
mounting the MEMS component on the non-MEMS supporting structure such that the MEMS component is sealed to the outer housing to close the aperture; and mounting the semiconductor chip separately from the MEMS component on the non-MEMS supporting structure in a spaced relationship with the MEMS component such that the MEMS component has a displacement relative to the semiconductor chip in a direction perpendicular to a reflecting surface of the membrane; and wherein mounting the semiconductor chip comprises positioning the semiconductor chip such that the light source is arranged to provide light to the interferometric arrangement such that a first portion of said light propagates along a first optical path via said interferometric arrangement and a second portion of said light propagates along a second, different optical path via said interferometric arrangement such that at least one of said first and second portions is reflected by the reflecting surface of the membrane, thereby giving rise to an optical path difference between the first and second optical paths which depends on a distance between the membrane and the optical element;
and such that the at least one photo detector is arranged to detect at least part of an interference pattern generated by said first and second portions of light dependent on said optical path difference.
Claims 2-5, 11-18 rejected because they are depending on the base claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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