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 § 103
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(s) 1-4, 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (WO 2021184138A1).
As to claim 1, Zhou et al.’s figure 3A shows a method of manufacturing an acoustic wave device, the method comprising: preparing a substrate (301, step S1); preparing a support (304-305, step S2); providing a buffer layer (302) on the substrate; providing a piezoelectric film on the buffer layer (303); joining the piezoelectric film of a multilayer body including the substrate, the buffer layer, and the piezoelectric film to the support (step S3); and removing the buffer layer and the substrate from the piezoelectric film (step S4); wherein (|LS – LB|/LS) x 100[%] ≤ 20[%]; and (|LP – LB|/LP) x 100[%] ≤ 10[%]; where LS is a lattice constant of the substrate, LB is a lattice constant of the buffer layer, and LP is a lattice constant of the piezoelectric film (Zhou teaches that substrate 101 is Silicon which has lattice constant of about 5.43 Å, interface layer 103 is SIO2 which has lattice constant of 4.91Å-4.92Å or 5.4Å-5.41Å, and piezoelectric layer is made of AIN, ZnO and/or PZT that have lattice constant of (3.11 or 4.98Å), (3.25Å or 5.21Å), or (4.0Å or 4.1Å). Therefore, selecting the relationships as claimed is seen as an obvious design preference to ensure optimum performance, MPEP 2144.05).
As to claims 2 and 3, epitaxial growth and film deposition are well known method. It would have been obvious to one having ordinary skill in the art to forming the buffer layer and piezoelectric layer as claimed for the purpose of ensuring optimum performance.
As to claim 4, Zhou et al. teaches in the attached translation paper, step S4 that in the removing of the buffer layer and the substrate from the piezoelectric film, the buffer layer is removed by wet etching (KOH or TMAH wet etching).
As to claim 7, the figure shows the step of performing high- temperature heat treatment or discharge treatment on the piezoelectric film after the removing of the buffer layer and the substrate from the piezoelectric film (250 degree is considered as high temperature).
As to claim 16, figure 3A shows that the support is a multilayer body including a support substrate (304) and an intermediate layer (305); and in the joining of the piezoelectric film of the multilayer body including the substrate, the buffer layer, and the piezoelectric film to the support, the piezoelectric film is joined to the intermediate layer.
Claim(s) 9-11,14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (WO 2021184138A1) in view of Ou et al. (CN 114448372A).
As to claim 9, Zhou et al.’s figure fails to show that a material of the substrate is one of lithium niobate, lithium tantalate, or sapphire. However, Ou et al.’s figure a similar device that its substrate 1 comprises is one of lithium niobate, lithium tantalate, or sapphire (step S100 in the translation paper). Therefore, it would have been obvious to one having ordinary skill in the art to use one of one of lithium niobate and lithium tantalate for Zhou et al.’s substrate for the purpose achieving desire operation and cost.
As to claim 10, the internal structure of lithium niobate or lithium tantalate as claimed is well known in the art. It would have been obvious to one having ordinary skill in the art to form the lithium niobate or lithium tantalate as claimed in order to achieve optimal performance.
As to 11, Ou et al.’s figure shows that its buffer layer 11 comprises aluminum nitride (with ion implantation). Therefore, it would have been obvious to one having ordinary skill in the art to form the buffer layer with aluminum nitrate (or one of the claimed materials) for the purpose of achieving optimum performance.
As to claim 14, Ou et al.’s figures show that its support (2) includes at least a support substrate; and a material of the support substrate is one of glass, quartz crystal, sapphire, lithium tantalate, lithium niobate, silicon, silicon carbide, gallium nitride, gallium arsenic, diamond-like carbon, or aluminum oxide (step S300 in the translation papers). Therefore, it would have been obvious to one having ordinary skill in the art to form Zhou et al.’s support with at least one of the above materials for the purpose of achieving optimum performance.
As to claim 17, silicon nitride (or silicon oxide) is a wellknown highly durable flexible film. It would have been obvious to one having ordinary skill in the art to use silicon nitride or silicon oxide for Zhou et al.’s flexible film layer 305 for the purpose making the device more durable.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (WO 2021184138A1) in view of Gong et al. (US 20230216479).
As to claim 19, Zhou et al.’s figure fails to show that the support is a multilayer body including a support substrate and an acoustic reflection film; the acoustic reflection film includes a high acoustic impedance layer having a relatively high acoustic impedance and a low acoustic impedance layer having a relatively low acoustic impedance; and in the joining of the piezoelectric film of the multilayer body including the substrate, the buffer layer, and the piezoelectric film to the support, the piezoelectric film is joined to the acoustic reflection film. However, Gong et al.’s figure 2 shows a similar resonator that its support (120, 110) is a multilayer body including a support substrate (110) and an acoustic reflection film (12); the acoustic reflection film includes a high acoustic impedance layer having a relatively high acoustic impedance and a low acoustic impedance layer having a relatively low acoustic impedance. Therefore, it would have been obvious to one having ordinary skill in the art to use Gong et al.’s support for Zhou et al.’s support (304 and 305) for the purpose of reducing noise.
Allowable Subject Matter
Claims 5, 6, 8, 12, 13, 15 and 18 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.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
The inherent lattice constant values of chemical materials can be found in varieties of chemistry Textbooks. U.S. Patents and Publications: US 2026/0223425, US 2022/0178012, US 2022/0415720, US 2026/0231701, US 2018/0233590, US 2024/003893 US 2023/0320228 and 2022/0032624 are the supported evidence that cite the lattice constant values of materials listed in the rejection.
Paragraph 0048 of U.S. 2026/0223425, Table 1 of U.S. 2023/0320228, Table 1 of US 2022/0415720 and paragraph 0114 of US 2022/0178012, and Table 1 of 2022/0032624 disclose the lattice constant of Si.
Table 1 of US 2022/0415720 discloses the lattice constant of SiO2.
Paragraph 0012 of 2026/0231701 and Table 1 of US 2018/0233590 disclose the lattice constant of AIN.
Table 1 of US 2022/0415720 discloses the lattice constant of ZnO.
Table 1 of US 2022/0032624 discloses the lattice constant of PZT.
Therefore, selecting the relationships as claimed is seen as an obvious design preference to ensure optimum performance, MPEP 2144.05.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/QUAN TRA/
Primary Examiner
Art Unit 2843
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