Prosecution Insights
Last updated: April 19, 2026
Application No. 19/022,185

Capacitive Transducer

Non-Final OA §103
Filed
Jan 15, 2025
Examiner
DANG, JULIE X
Art Unit
2692
Tech Center
2600 — Communications
Assignee
Ex Machina Soundworks LLC
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
2y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
388 granted / 465 resolved
+21.4% vs TC avg
Strong +18% interview lift
Without
With
+17.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
484
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§103
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/Remark filed 8-2-2025. Claims 4 and 13 canceled. Information Disclosure Statement The information disclosure statement (IDS) submitted on 8-4-2025 was filed after the mailing date of the application filed on 1-15-2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claims 1-2, 6-8, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wang 2006/0230835 Regarding claim 1, Wang discloses an improved capacitive transducer (Figs 5-7) comprising: a diaphragm membrane (Figs 5-7, membrane 21, para [34]) tensioned parallel to the metal disc (26, para [34]), the diaphragm membrane (21, para [34]) at a distance to the metal disc (26, para [34-36]). Wang’s Figs 5-7 does not explicitly disclose a metal disc comprising a plurality of channels milled onto a surface of the metal disc. Wang’s Fig 8 discloses a metal disc comprising a plurality of channels milled onto a surface of the metal disc (Fig 8 shows the metal layer 26 having a circular surface and comprising holes 29 onto a surface of the metal layer 26, see para [34]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the Wang’s Figs 5-7 and Wang’s Fig 8 to achieve the desired sound pressure level and beams patterns. See Wang’s para [38]. Regarding claim 2, Wang discloses the improved capacitive transducer of claim 1, wherein a first of the plurality of channels is radially symmetric to a second of the plurality of channels (Figs 5-7, plurality of channels/holes 29 dispersed on an inner area of the circular surface of the metal layer 26, the holes 29 having rows and columns to form a matrix shape, see para [34, 36]). Regarding claim 6, Wang discloses the improved capacitive transducer of claim 1, wherein the metal disc (Figs 5-7, metal layer 26, para [34]) comprises a plurality of channels milled (holes 29, para [34]) onto the surface of the metal disc as concentric channels (Figs 5-8 holes 29 dispersed on an inner area of the circular surface of the metal layer 26, the holes 29 having rows and columns to form a matrix shape). Regarding claim 7, Wang discloses the improved capacitive transducer of claim 1, wherein the metal disc comprises a plurality of channels milled (Figs 5-8, holes 29) onto the surface of the metal disc as concentric channels (metal layer 26) and at least one through hole angled along an axial dimension (Figs 5-8). Regarding claim 8, Wang discloses the improved capacitive transducer of claim 1, wherein the diaphragm membrane acts on a first of the plurality of channels in a first manner and wherein the diaphragm membrane acts on a second of the plurality of channels in a second manner (para [36] discloses when in operation, bias voltage is applied across the electrodes (layer 22, 26), and membrane 21 is pulled up and located somewhere in the middle of its sagging. The driving electrical signal can be applied at 35 to drive the membrane 21 up and down, generating the acoustic pressures, which will be transmitted out through acoustic holes 29). Regarding claim 11, Wang discloses an improved capacitive transducer (Fig 8) comprising: a metal disc (Fig 8, metal layer 26, para [34]) comprising a channel milled (holes 29 onto a surface of the metal disc/metal layer 26, see para [34]). Wang’s Fig 8 does not explicitly disclose a diaphragm membrane tensioned parallel to the metal disc, the diaphragm membrane at a distance to the metal disc. Wang’s Figs 5-7 discloses a diaphragm membrane (Figs 5-7, membrane 21, para [34]) tensioned parallel to the metal disc (26, para [34]), the diaphragm membrane (21) at a distance to the metal disc (26, para [34-36]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the Wang’s Figs 5-7 and Wang’s Fig 8 to achieve the desired sound pressure level and beams patterns. See Wang’s para [38]. Claims 3, 5, 12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang 2006/0230835 in view of Zhang 2011/0075866 Regarding claim 3, Wang discloses in para [34, 36] and Figs 5-7, plurality of channels milled/holes 29 having rows and columns to form the matrix shape, Fig 8 shows holes 29 onto the surface of the metal disc/metal layer 26. Wang does not explicitly disclose the improved capacitive transducer of claim 1, wherein the metal disc comprises a plurality of channels milled onto the surface of the metal disc as rings. Zhang teaches wherein the metal disc comprises a plurality of channels milled onto the surface of the metal disc as rings (Figs 2-4, a backplate 12 having holes 16 with a symmetric, four-leaf clover shape, circular or oval shaped, or sharper corners (e.g. squared corners) and irregular shapes, para [30-34, 39-41]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Zhang in Wang’s invention in order to improve the signal-to-noise ratio of MEMS microphone by incorporating specially shaped through holes in the backplate. See Zhang’s para [69]. Regarding claim 5, Wang does not explicitly disclose the claimed limitation as recited in claim 5. Zhang teaches the improved capacitive transducer of claim 1, wherein the metal disc comprises a plurality of channels milled onto the surface of the metal disc as closed-sided Euclidean shapes (Figs 2-4, a backplate 12 having holes 16 with a symmetric, four-leaf clover shape, circular or oval shaped, or sharper corners (e.g. squared corners) and irregular shapes, para [30-34, 39-41]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Zhang in Wang’s invention in order to improve the signal-to-noise ratio of MEMS microphone by incorporating specially shaped through holes in the backplate. See Zhang’s para [69]. Regarding claim 12, Wang discloses in para [34, 36] and Figs 5-7, plurality of channels milled/holes 29 having rows and columns to form the matrix shape, Fig 8 shows holes 29 onto the surface of the metal disc/metal layer 26. Wang does not explicitly disclose the improved capacitive transducer of claim 11, wherein the metal disc further comprises a ring milled onto the surface of the metal disc. Zhang teaches wherein the metal disc further comprises a ring milled onto the surface of the metal disc (Figs 2-4, a backplate 12 having holes 16 with a symmetric, four-leaf clover shape, circular or oval shaped, or sharper corners (e.g. squared corners) and irregular shapes, para [30-34, 39-41]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Zhang in Wang’s invention in order to improve the signal-to-noise ratio of MEMS microphone by incorporating specially shaped through holes in the backplate. See Zhang’s para [69]. Regarding claim 14, Wang does not explicitly disclose the claimed limitation as recited in claim 14. Zhang teaches the improved capacitive transducer of claim 11, wherein the metal disc further comprises a closed-sided Euclidean shape milled onto the surface of the metal disc (Figs 2-4, a backplate 12 having holes 16 with a symmetric, four-leaf clover shape, circular or oval shaped, or sharper corners (e.g. squared corners) and irregular shapes, para [30-34, 39-41]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the teaching of Zhang in Wang’s invention in order to improve the signal-to-noise ratio of MEMS microphone by incorporating specially shaped through holes in the backplate. See Zhang’s para [69]. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang 2006/0230835 in view of Hsieh 10,390,145 Regarding claim 10, Wang discloses in Fig 8 metal disc/metal layer 26 having the circular surface and disposed on the membrane 21 which is circular or rectangular or square, and claim 16 discloses the membranes and perforated members are circular or rectangular or square, and para [34]. Wang does not explicitly disclose the improved capacitive transducer of claim 1, wherein the metal disc has a convex profile to the diaphragm membrane. However, provide wherein the metal disc has a convex profile to the diaphragm membrane is well known in the art. Hsieh teaches wherein the metal disc has a convex profile to the diaphragm membrane (col 6 lines 27-31 teaches a diaphragm with bowl-like structure the convex diaphragm is outward the backplate). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement a convex profiled to the diaphragm membrane as taught by Hsieh in Wang’s invention in order to improve the performance of the capacitive transducer. Allowable Subject Matter Claim 9 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. Claim 9 objected because the prior art references fails to teach the claimed limitation, “the improved capacitive transducer of claim 1, wherein a first surface of the metal disc between a first and a second of the plurality of channels has a first height and wherein a second surface of the metal disc between a third and a fourth of the plurality of channels has a second height .” 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. 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, Carolyn R Edwards can be reached at 571-270-7136. 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. /JULIE X DANG/Examiner, Art Unit 2692 /CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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Prosecution Timeline

Jan 15, 2025
Application Filed
Apr 01, 2025
Non-Final Rejection — §103
Aug 02, 2025
Response Filed
Oct 15, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+17.7%)
2y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allow rate.

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