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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 8 recites, “wherein the temperature control apparatus further comprises a second resonator disposed on the first inner side and fastened to the first fastening structure, and wherein the target component is a third resonator, the third resonator is in the clock working mode, and the second resonator is in the temperature measurement working mode, or wherein the third resonator is in the temperature measurement working mode, and the second resonator is in the clock working mode.” While the recited “second” and “third” resonators having a “clock working mode” and “temperature measurement mode” respectively are enabled with regard to the embodiment of Figures 8A-8C, such an embodiment is not enabled within the context of claim 7, of which claim 8 depends. Claim 7 requires “wherein the target component is a first resonator comprising: a clock working mode; and a temperature measurement working mode, wherein when the first resonator is in the clock working mode and a temperature of the first resonator is within a target range, the first resonator outputs a clock signal at a stable frequency, and wherein when the first resonator is in the temperature measurement working mode, a temperature measurement signal output by the first resonator indicates a temperature of the first resonator”, which is directed to a separate, distinct embodiment in Fig.7 and [0067]-[0069]. The instant specification, however, does not disclose combining these two distinct embodiments where the target device includes a first resonator that operates in each of a clock working mode and temperature measurement mode in addition to the second and third resonators that each have separate clock working and temperature measurement modes. As a combined embodiment was not disclosed and no further guidance was provided as to how one or ordinary skill in the art would have multiple resonators operating in the temperature measurement modes, claim 8 is directed to subject matter that fails to comply with the enablement requirement.
For the purpose of applying art, the examiner is instead interpreting claim 8 to be dependent upon claim 1, as is both consistent and enabled by the instant specification, and suggests Applicant amend accordingly (while correcting any subsequent antecedent basis issues that may arise).
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.
Claims 1-6, 10-11, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaarjakari (US 2018/0019754).
Claim 1: Kaajakari discloses a temperature control apparatus (Fig.2A; see annotated Figure below) comprising:
a fastening frame (134) comprising:
a first inner side (inner sides of 134);
an outer side (outer side of 134);
a first connection position (intersection of 134 and 126A); and
a second connection position (intersection of 134 and 126B);
a first support beam (126A) connected to the first connection position;
a second support beam (126B) connected to the second connection position, wherein a temperature difference between the first connection position and the second connection position is less than a first preset value (“a first preset value” has no recited value, thus the temperature difference between the first support beam and second support beam is less than any arbitrary large value; see also [0029], which describes a uniform heat distribution over the platform 134);
a first fastening structure (ends of 126A, 126B) disposed on the first inner side (inner sides of 134) and connected to the fastening frame via the first support beam and the second support beam (see Fig.2A);
a target component (120) disposed on the first inner side and fastened to the first fastening structure (to the intersection of 126A/126B and 120);
a third support beam (124A);
a fourth support beam (124B); and
a second fastening structure (112) is located disposed on the outer side (outer side of 134) and connected to the fastening frame (to 134) via the third support beam and the fourth support beam (via 124A, 124B).
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Claim 17: Kaajakari discloses an oven-controlled oscillator (Figs.2A-3) comprising:
a temperature control apparatus (controlled via heater 122 and sensor 130; see [0029]) comprising:
a fastening frame (134) comprising:
a first inner side (inner sides of 134);
an outer side (outer side of 134);
a first connection position (intersection of 134 and 126A); and
a second connection position (intersection of 134 and 126B);
a first support beam (126A) connected to the first connection position;
a second support beam (126B) connected to the second connection position, wherein a temperature difference between the first connection position and the second connection position is less than a first preset value (“a first preset value” has no recited value, thus the temperature difference between the first support beam and second support beam is less than any arbitrary large value; see also [0029], which describes a uniform heat distribution over the platform 134);
a first fastening structure (ends of 126A, 126B) disposed on the first inner side (inner sides of 134) and connected to the fastening frame via the first support beam and the second support beam (see Fig.2A);
a target component (120) disposed on the first inner side and fastened to the first fastening structure (to the intersection of 126A/126B and 120);
a third support beam (124A);
a fourth support beam (124B); and
a second fastening structure (112) is located disposed on the outer side (outer side of 134) and connected to the fastening frame (to 134) via the third support beam and the fourth support beam (via 124A, 124B); and
a temperature adjustment element (122);
a controller (see [0041]: “a closed-loop control system”) configured to:
obtain an original temperature of the target component (via 130; see [0041]); and
control the temperature adjustment element based on the original temperature to adjust the original temperature to a target temperature (a closed-loop control system to actively regulate the temperature of the resonator, i.e. to a “target temperature”; see [0041]),
wherein when the target component is in a clock working mode (see [0049], where the resonator is utilized within the context of a timing device, thus providing a clock) and the target component is at the target temperature (see [0041]), the target component outputs a clock signal at a stable frequency (see [0001], the “good temperature stability” referring to a stable frequency over temperature variations).
Claims 2 and 18: Kaajakari discloses wherein the fastening frame further comprises:
a third connection position (between 124A and 134) connected to the third support beam (124A);
a fourth connection position (between 124B and 134) connected to the fourth support beam (124B);
a first sub-area disposed between the first connection position and the third connection position (an arbitrary area between 126A and 124A);
a second sub-area disposed between the second connection position and the third connection position (an arbitrary area between 126B and 124A);
a third sub-area disposed between the first connection position and the fourth connection position (an arbitrary area between 126A and 124B); and
a fourth sub-area disposed between the second connection position and the fourth connection position (an arbitrary area between 126B and 124B), wherein a difference between a first ratio of a thermal resistance of the first sub-area to a thermal resistance of the third sub-area and a second ratio of a thermal resistance of the second sub-area to a thermal resistance of the fourth sub-area is less than a second preset value (the second “preset value” being undefined, thus can be any arbitrarily large number; furthermore see [0029], which describes a uniform heat distribution over the platform 134).
Claim 3: Kaarjakari discloses a temperature adjustment element (122) configured to adjust temperatures of the fastening frame, the first fastening structure, and the target component (see [0029], [0032], and [0041], where the heater 122 provides heat to 134 and resonator 120).
Claim 4: Kaarjakari discloses a thermally conductive insulation layer (AlN layer, which is thermally conductive and electrically insulating; see the embodiment of Fig.2B and [0038]), wherein the temperature adjustment element is disposed on at least one of the first support beam or the third support beam (in the embodiment of Fig.2B, the heater 122 is provided on the third and fourth beams; see [0034]), and wherein the thermally conductive insulation layer is disposed between the temperature adjustment element and the at least one of the first support beam or the third support beam (see Figs.2B and 3, where the AlN layer is provided between 122 of 124A and 126A).
Claim 5: Kaarjakari discloses wherein a first voltage is applied to the temperature adjustment element to perform heating, wherein a second voltage applied to at least one of the first support beam or the third support beam is conducted to the target component, and wherein the first voltage is electrically isolated from the second voltage (Kaarjakari discloses providing power to a heater, thus must inherently provide a voltage in order to deliver said power; further, Kaarjakari discloses excitation electrodes on the surfaces of the AlN layer for 120, thus must also include a voltage being provided to the first support beam and/or the third support beam for electrical excitation signal routing; see [0032], [0038], and Fig.3).
Claim 6: Kaarjakari discloses a temperature measurement element (130), disposed on the first inner side (see Figs.2A and 2B, where 130 is provided from the inner side of 134 to approximately the outer side) and fastened to the first fastening structure (via 126A), wherein the temperature measurement element is configured to detect a temperature of the target component (see [0034]).
Claim 10: Kaarjakari discloses a substrate layer (110, Fig.3) fastened to the second fastening structure (112; see Fig.3), wherein the fastening frame, the first fastening structure, and the target component are suspended on the substrate layer (see Fig.3).
Claim 11: Kaarjakari discloses a substrate layer (e.g. 112,134, which are formed from the same etched substrate; see [0039]), wherein a partial structure of each of the first fastening structure, the second fastening structure, and the fastening frame is disposed on the substrate layer (see [0039], where all structures of 112 and 134 are formed from the same etched substrate layer); and a base (110) fastened to the second fastening structure, wherein the fastening frame, the first fastening structure, and the target component are suspended on the base (see Fig.3).
Claim 20: Kaarjakari discloses wherein the temperature control apparatus further comprises a temperature measurement element (130), configured to detect the original temperature of the target component (in a closed temperature regulation loop; see [0041]), and wherein the controller is further configured to obtain the original temperature of the target component by using the temperature measurement element (see [0041] and [0034]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kaarjakari in view of Zaliasl et al. (“A 3 ppm 1.5 x 0.8 mm-2 1.0 uA 32.768 kHz MEMS-Based Oscillator”, of record and hereinafter “Zaliasl”).
Kaarjakari discloses a temperature-compensated oscillator (Figs.2A-3, compensated via use of the oven) comprising:
a temperature control apparatus (controlled via heater 122 and sensor 130; see [0029]) comprising:
a fastening frame (134) comprising:
a first inner side (inner sides of 134);
an outer side (outer side of 134);
a first connection position (intersection of 134 and 126A); and
a second connection position (intersection of 134 and 126B);
a first support beam (126A) connected to the first connection position;
a second support beam (126B) connected to the second connection position, wherein a temperature difference between the first connection position and the second connection position is less than a first preset value (“a first preset value” has no recited value, thus the temperature difference between the first support beam and second support beam is less than any arbitrary large value; see also [0029], which describes a uniform heat distribution over the platform 134);
a first fastening structure (ends of 126A, 126B) disposed on the first inner side (inner sides of 134) and connected to the fastening frame via the first support beam and the second support beam (see Fig.2A);
a target component (120) disposed on the first inner side and fastened to the first fastening structure (to the intersection of 126A/126B and 120);
a third support beam (124A);
a fourth support beam (124B); and
a second fastening structure (112) is located disposed on the outer side (outer side of 134) and connected to the fastening frame (to 134) via the third support beam and the fourth support beam (via 124A, 124B).
Kaarjakari does not disclose “a temperature compensation module configured to: obtain a temperature of the target component, wherein the target component is configured to output an original clock signal to the temperature compensation module; and adjust the original clock signal based on the temperature to obtain a target clock signal at a stable frequency”, as required by claim 12. Zaliasl discloses that a similar MEMS oscillator may include a temperature compensation module (Fractional-N PLL and “temp comp engine” of Fig.2) that obtains a temperature of a MEMS resonator (see Fig.7 and pg.294, section C), where the target component (i.e. MEMS resonator of Fig.1) outputs a clock signal to the temperature compensation module (frac-N PLL) and adjusts the clock signal based on the temperature to obtain a target clock signal at a stable frequency (see pg.292, first paragraph). Zaliasl discloses that by using such a temperature compensation arrangement, a stable clock signal may be produced with low power consumption (see pg.292, first paragraph and pg.294, second paragraph). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have provided the temperature compensation circuit of Zaliasl with the MEMS oscillator of Kaarjakari in order to have provided a compensation scheme that provides a stable output frequency with lower power consumption.
Claim 13: Kaajakari discloses wherein the fastening frame further comprises:
a third connection position (between 124A and 134) connected to the third support beam (124A);
a fourth connection position (between 124B and 134) connected to the fourth support beam (124B);
a first sub-area disposed between the first connection position and the third connection position (an arbitrary area between 126A and 124A);
a second sub-area disposed between the second connection position and the third connection position (an arbitrary area between 126B and 124A);
a third sub-area disposed between the first connection position and the fourth connection position (an arbitrary area between 126A and 124B); and
a fourth sub-area disposed between the second connection position and the fourth connection position (an arbitrary area between 126B and 124B), wherein a difference between a first ratio of a thermal resistance of the first sub-area to a thermal resistance of the third sub-area and a second ratio of a thermal resistance of the second sub-area to a thermal resistance of the fourth sub-area is less than a second preset value (the second “preset value” being undefined, thus can be any arbitrarily large number; furthermore see [0029], which describes a uniform heat distribution over the platform 134).
Claim 14: Kaarjakari discloses a temperature adjustment element (122), configured to adjust temperatures of the fastening frame, the first fastening structure, and the target component (see [0029], [0032], and [0041], where the heater 122 provides heat to 134 and resonator 120).
Claim 16: Kaarjakari discloses wherein the temperature control apparatus further comprises a temperature measurement element (130) configured to detect the temperature of the target component (see [0034]), and wherein the temperature compensation module is further configured to obtain the temperature of the target component by using the temperature measurement element (in the combination of Kaarjakari and Zaliasl).
Claims 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kaarjakari in view of Jia et al. (“A Micro-Oven-Controlled Dual-Mode Piezoelectric MEMS Resonator With 400 PPB Stability Over -40 to 80 C Temperature Range”, hereinafter “Jia”).
Kaarjakari discloses the limitations of claims 1 and 17, as discussed above. However, Kaarjakari only discloses utilizing a thermistor element (130) to measure temperature and does not disclose “wherein the target component is a first resonator comprising: a clock working mode; and a temperature measurement working mode, wherein when the first resonator is in the clock working mode and a temperature of the first resonator is within a target range, the first resonator outputs a clock signal at a stable frequency, and wherein when the first resonator is in the temperature measurement working mode, a temperature measurement signal output by the first resonator indicates a temperature of the first resonator” of claim 7 or “wherein the target component is configured to output a temperature measurement signal to the controller, and wherein the controller is further configured to obtain the original temperature of the target component based on the temperature measurement signal” of claim 19. Jia discloses using two different modes in a similar oven-controlled MEMS resonator (Figs.2 and 4): a clock working mode (e.g. LS mode, which is utilized as an output frequency; see pg.2601, last paragraph) and a temperature measurement mode (WE mode, which is utilized to perform temperature measurement by determining the frequency difference between modes; see pg.2601, first paragraph). Jia discloses that a temperature signal from the temperature measurement mode, may be output to a controller (“Computer”, Fig.9). Jia discloses that such a temperature measurement system provides the benefits of a better temperature resolution and accurate temperature monitoring (pg.2601, first paragraph and pg.2599, first paragraph). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have provided temperature measurement via two different modes of operation, a clock working mode and temperature measurement mode while outputting a temperature measurement signal from the resonator to the controller in order to have provided accurate temperature monitoring with good temperature resolution.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kaarjakari in view of Hsieh et al. (US 2015/0214956, of record and hereinafter “Hsieh”).
Kaarjakari discloses the limitations of claim 1, as discussed above. However, Kaarjakari only discloses utilizing a thermistor element (130) to measure temperature and does not disclose wherein the temperature control apparatus further comprises a second resonator disposed on the first inner side and fastened to the first fastening structure, and wherein the target component is a third resonator, the third resonator is in the clock working mode, and the second resonator is in the temperature measurement working mode, or wherein the third resonator is in the temperature measurement working mode, and the second resonator is in the clock working mode. Hsieh discloses that in a similar oven controlled MEMS resonator, providing a first MEMS resonator (112) for outputting a clock, i.e. operating in a clock working mode (see [0018]) and a second MEMS resonator (114) operating in a temperature measurement mode (see [0018]) and fastened to the same fastening structure (116). Hseih discloses that by utilizing two resonators, one for generating a clock and another for generating a temperature measurement, a simple fabrication with low cost may be accomplished (see [0026]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have provided the two resonators of Hseih for temperature measurement in place of the thermistors of Kaarjakari in order to have provided a simple fabrication with low cost.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kaarjakari in view of Zaliasl, as applied to claim 12 above, and further in view of Jia.
The combination of Kaarjakari and Zaliasl discloses the limitations of claim 12, as discussed above. However, Kaarjakari only discloses utilizing a thermistor element (130) to measure temperature and does not disclose “wherein the target component is further configured to output a temperature measurement signal to the temperature compensation module, and wherein the temperature compensation module is further configured to obtain the temperature of the target component based on the temperature measurement signal” of claim 15. Jia discloses using two different modes in a similar oven-controlled MEMS resonator (Figs.2 and 4): a clock working mode (e.g. LS mode, which is utilized as an output frequency; see pg.2601, last paragraph) and a temperature measurement mode (WE mode, which is utilized to perform temperature measurement by determining the frequency difference between modes; see pg.2601, first paragraph). Jia discloses that a temperature signal from the temperature measurement mode, may be output to a controller (“Computer”, Fig.9). Jia discloses that such a temperature measurement system provides the benefits of a better temperature resolution and accurate temperature monitoring (pg.2601, first paragraph and pg.2599, first paragraph). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have provided temperature measurement via two different modes of operation, a clock working mode and temperature measurement mode while outputting a temperature measurement signal from the resonator to the controller in order to have provided accurate temperature monitoring with good temperature resolution.
Allowable Subject Matter
Claim 9 is 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not clearly disclose within the overall context of the claims “wherein the second support beam comprises: a connection frame comprising: a second inner side; a third connection position; and a fourth connection position, wherein the fastening frame is disposed on the second inner side and is connected to the connection frame via the third connection position and the fourth connection position, and wherein a temperature difference between the third connection position and the fourth connection position is less than the first preset value; and a connection beam comprising: a first end connected to the second fastening structure; and a second end connected to the connection frame”.
Conclusion
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/RYAN JOHNSON/Primary Examiner, Art Unit 2849