CTNF 19/050,372 CTNF 81352 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-7, 10-12, 15-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Handtmann US 7,515,018 . 1. Handtmann discloses a bulk acoustic wave resonator (Figs. 4A,B, 6A, etc.) including a material layer stack located in a central active region of the bulk acoustic wave resonator, the material layer stack comprising: a bottom electrode (420); a lower piezoelectric material layer (450) disposed on an upper surface of the bottom electrode; a middle electrode (430) having a lower surface disposed on an upper surface of the lower piezoelectric material layer; an upper piezoelectric material layer (440) having a lower surface disposed on an upper surface of the middle electrode; and a top electrode (410) having a lower surface disposed on an upper surface of the upper piezoelectric material layer, the bulk acoustic wave resonator configured to generate a main acoustic wave at a second overtone vibrational mode (Fig. 6C, 2 nd harmonic) responsive to application of an electrical signal (Fig. 6A, from terminal 620) to the bottom electrode and top electrode that is 180° out of phase with an electrical signal (Fig. 6A, from terminal 610) applied to the middle electrode, the second overtone vibrational mode being generated without generating an acoustic wave at a fundamental vibrational mode (Fig. 6C, 1 st harmonic is not excited) of the material layer stack (see also Wunnicke US 7,459,990 Fig. 4 on opposite terminals to electrode for the excitation on 2 nd harmonic). 2. The bulk acoustic wave resonator of claim 1 wherein the lower piezoelectric material layer has a same thickness as the upper piezoelectric material layer (Col. 10 lines 40-44; symmetry condition thus same thickness applied). 3. The bulk acoustic wave resonator of claim 1 wherein the lower piezoelectric material layer has a same chemical composition as the upper piezoelectric material layer (Col. 6 lines 25-27, a single piezoelectric layer; Col. 9 lines 34-36, 59-61, alternative has different piezoelectric materials thus indirectly the default is same material; Col. 10 lines 40-44, symmetry condition). 4. The bulk acoustic wave resonator of claim 1 configured to generate an acoustic wave in the lower piezoelectric material layer that is 180° out of phase with an acoustic wave generated in the upper piezoelectric material layer responsive to application of the electrical signal (Fig. 6C, 2 nd harmonic has the wave being 180° out of phase between the upper and lower piezoelectric layers). 5. The bulk acoustic wave resonator of claim 1 wherein the bulk acoustic wave resonator is further configured to generate a main acoustic wave at a fundamental vibrational mode responsive to application of an electrical signal to the bottom electrode that is 180° out of phase with a signal applied to the top electrode (not explicitly shown, but the resonator layer structure would excite fundamental mode when the signal is connected as claimed; see also Wunnicke US 7,459,990, Fig. 2). 6. The bulk acoustic wave resonator of claim 1 wherein the bottom electrode has a same thickness as the top electrode (Col. 10 lines 40-44, identical for symmetry). 7. The bulk acoustic wave resonator of claim 1 wherein the middle electrode has a different thickness than either of the bottom electrode or the top electrode (Col. 10 lines 45-53, thickness varied for tuning). 10. The bulk acoustic wave resonator of claim 1 configured as a solidly mounted resonator (Col. 6 lines 31-34). 11. A radio frequency filter (Fig. 9A) including the bulk acoustic wave resonator of claim 1. 12. The radio frequency filter of claim 11 configured as a ladder filter (Fig. 9A). 15. Handtmann discloses a radio frequency ladder filter (Fig. 9A, 10A) including a plurality of bulk acoustic wave resonators (910-980; Fig. 4A,B, 6A, etc.) each having a material layer stack located in a central active region, the material layer stack of each of the bulk acoustic wave resonators comprising: a bottom electrode (420); a lower piezoelectric material layer (450) disposed on an upper surface of the bottom electrode; a middle electrode (430) having a lower surface disposed on an upper surface of the lower piezoelectric material layer; an upper piezoelectric material layer (440) having a lower surface disposed on an upper surface of the middle electrode; and a top electrode (410) having a lower surface disposed on an upper surface of the upper piezoelectric material layer, a first subset of the plurality of bulk acoustic wave resonators being series arm resonators (910-940) , a second subset of the plurality of bulk acoustic wave resonators being shunt resonators (950-980) and having a lower resonant frequency than the series arm resonators (Fig. 10B, and also standard for a ladder band pass filter). 16. The radio frequency ladder filter of claim 15 wherein the series arm resonators are configured to generate a main acoustic wave at a second overtone vibrational mode responsive to application of an electrical signal to the bottom electrode and top electrode that is 180° out of phase with an electrical signal applied to the middle electrode, the second overtone vibrational mode being generated without generating an acoustic wave at a fundamental vibrational mode of the material layer stacks of the series arm resonators (Fig. 6C, 2 nd harmonic excited without the 1 st harmonic). 17. The radio frequency ladder filter of claim 16 wherein the shunt resonators are configured to generate a main acoustic wave at a second overtone vibrational mode responsive to application of an electrical signal to the bottom electrode and top electrode that is 180° out of phase with an electrical signal applied to the middle electrode, the second overtone vibrational mode being generated without generating an acoustic wave at a fundamental vibrational mode of the material layer stacks of the shunt resonators (Fig. 6C). 18. The radio frequency ladder filter of claim 17 wherein the lower piezoelectric material layers and the upper piezoelectric material layers of the shunt resonators have same thicknesses as the lower piezoelectric material layers and the upper piezoelectric material layers of the series arm resonators (Col. 10 lines 40-53, only the thickness of the middle electrode is varied for the tuning, thus the other being the same/identical). 19. The radio frequency ladder filter of claim 18 wherein one or more of the bottom electrodes, middle electrodes, or top electrodes of the shunt resonators have greater thicknesses than corresponding ones of the bottom electrodes, middle electrodes, or top electrodes of the series arm resonators (Col. 10 lines 40-53, middle electrode varied for frequencies; Fig. 10A,B, shunt resonator has lower resonant frequency thus thicker stack, hence the middle electrode of shunt resonator would have greater thickness than the middle electrode in the series resonator; see also the pertinent art listed). 20. The radio frequency ladder filter of claim 16 wherein the shunt resonators are configured to generate a main acoustic wave at a fundamental vibrational mode responsive to application of electrical signals to the bottom electrodes of the shunt resonators that are 180° out of phase with signals applied to the top electrodes of the shunt resonators (not explicitly shown, but the resonator layer structure would excite fundamental mode when the signal is connected as claimed; see also Wunnicke US 7,459,990, Fig. 2) . 07-15-aia AIA Claim(s) 1-6, 11-17 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Wunnicke US 7,459,990 . 1. Wunnicke discloses a bulk acoustic wave resonator (Figs. 1, 2, 4, etc.) including a material layer stack located in a central active region of the bulk acoustic wave resonator, the material layer stack comprising: a bottom electrode (6); a lower piezoelectric material layer (5) disposed on an upper surface of the bottom electrode; a middle electrode (4) having a lower surface disposed on an upper surface of the lower piezoelectric material layer; an upper piezoelectric material layer (2) having a lower surface disposed on an upper surface of the middle electrode; and a top electrode (3) having a lower surface disposed on an upper surface of the upper piezoelectric material layer, the bulk acoustic wave resonator configured to generate a main acoustic wave at a second overtone vibrational mode (Fig. 4, 2 nd harmonic as shown) responsive to application of an electrical signal to the bottom electrode and top electrode that is 180° out of phase with an electrical signal applied to the middle electrode, the second overtone vibrational mode being generated without generating an acoustic wave at a fundamental vibrational mode of the material layer stack (Fig. 4 does not show fundamental mode, additional see Handtmann US 7,515,018 Fig. 6C, such connection would not excite fundamental mode). 2. The bulk acoustic wave resonator of claim 1 wherein the lower piezoelectric material layer has a same thickness as the upper piezoelectric material layer (Fig. 4, same thickness for the wave divided half at upper and half at bottom). 3. The bulk acoustic wave resonator of claim 1 wherein the lower piezoelectric material layer has a same chemical composition as the upper piezoelectric material layer (Col. 3 lines 8-31). 4. The bulk acoustic wave resonator of claim 1 configured to generate an acoustic wave in the lower piezoelectric material layer that is 180° out of phase with an acoustic wave generated in the upper piezoelectric material layer responsive to application of the electrical signal (Fig. 4, half wave on upper and the other half wave on lower). 5. The bulk acoustic wave resonator of claim 1 wherein the bulk acoustic wave resonator is further configured to generate a main acoustic wave at a fundamental vibrational mode responsive to application of an electrical signal to the bottom electrode that is 180° out of phase with a signal applied to the top electrode (Fig. 2). 6. The bulk acoustic wave resonator of claim 1 wherein the bottom electrode has a same thickness as the top electrode (Fig. 4, same thickness for the wave divided half at upper and half at bottom). 11. A radio frequency filter (Fig. 5; Rx branch) including the bulk acoustic wave resonator of claim 1. 12. The radio frequency filter of claim 11 configured as a ladder filter (Fig. 5; Rx branch as shown). 13. A radio frequency module (Fig. 5; duplexer) including the radio frequency filter of claim 12. 14. A radio frequency device (Fig. 5; wireless communication device with antenna) including the radio frequency module of claim 13. 15. Handtmann discloses a radio frequency ladder filter (Fig. 5, e.g. Rx branch) including a plurality of bulk acoustic wave resonators (10, 11; Figs. 1, 4, etc.) each having a material layer stack located in a central active region, the material layer stack of each of the bulk acoustic wave resonators comprising: a bottom electrode (6); a lower piezoelectric material layer (5) disposed on an upper surface of the bottom electrode; a middle electrode (4) having a lower surface disposed on an upper surface of the lower piezoelectric material layer; an upper piezoelectric material layer (2) having a lower surface disposed on an upper surface of the middle electrode; and a top electrode (3) having a lower surface disposed on an upper surface of the upper piezoelectric material layer, a first subset of the plurality of bulk acoustic wave resonators being series arm resonators (10) , a second subset of the plurality of bulk acoustic wave resonators being shunt resonators (11) and having a lower resonant frequency than the series arm resonators (standard for a ladder band pass filter). 16. The radio frequency ladder filter of claim 15 wherein the series arm resonators are configured to generate a main acoustic wave at a second overtone vibrational mode responsive to application of an electrical signal to the bottom electrode and top electrode that is 180° out of phase with an electrical signal applied to the middle electrode, the second overtone vibrational mode being generated without generating an acoustic wave at a fundamental vibrational mode of the material layer stacks of the series arm resonators (Fig. 4). 17. The radio frequency ladder filter of claim 16 wherein the shunt resonators are configured to generate a main acoustic wave at a second overtone vibrational mode responsive to application of an electrical signal to the bottom electrode and top electrode that is 180° out of phase with an electrical signal applied to the middle electrode, the second overtone vibrational mode being generated without generating an acoustic wave at a fundamental vibrational mode of the material layer stacks of the shunt resonators (Fig. 4). 20. The radio frequency ladder filter of claim 16 wherein the shunt resonators are configured to generate a main acoustic wave at a fundamental vibrational mode responsive to application of electrical signals to the bottom electrodes of the shunt resonators that are 180° out of phase with signals applied to the top electrodes of the shunt resonators (Fig. 2) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Handtmann US 7,515,018 in view of Burak US 8,872,604 . 8. Handtmann discloses the invention as discussed above, but does not disclose the middle electrode is thicker than both of the bottom electrode and top electrode. Burak exemplarily discloses a bulk acoustic wave resonator (Fig. 7) with a stack of a bottom electrode (710), a lower piezoelectric layer (720), a middle electrode (730), an upper piezoelectric layer (740), and a top electrode (750); wherein the middle electrode is thicker than both of the bottom electrode and top electrode (abstract; Col. 6 lines 24-31). At the time of filing, it would have been obvious to one of ordinary skill in the art to have made the middle electrode is thicker than both of the bottom electrode and top electrode. The modification would have been obvious because the quality factor may be improved as taught by Burak (Col. 6 lines 50-57) . 07-21-aia AIA Claim (s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Handtmann US 7,515,018 in view of Choy US 8,902,023 . 9. Handtmann discloses the invention as discussed above, but does not disclose the bulk acoustic wave resonator is configured as a film bulk acoustic wave resonator. Choy exemplarily discloses bulk acoustic wave resonator can be implemented as film bulk acoustic wave resonator (with cavity; Fig. 1A) or solidly mounted resonator (with mirror; Fig. 1C). At the time of the filing, it would have been obvious to one of ordinary skill in the art to have made the bulk acoustic wave resonator of Handtmann as film bulk acoustic wave resonator. The modification would have been obvious because film bulk acoustic wave resonator (with cavity) is well-known art recognized alternative implementation of bulk acoustic wave resonator as taught in Choy (Fig. 1A,C) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schiek US 12,506,459 disclose “the frequencies of acoustic waves that resonate in a layer stack of a BAW device are inversely related to the combined thicknesses of the electrodes and the piezoelectric layer”. Ohara US 6,870,446 discloses shunt resonator has lower resonant frequency than that of series resonator in a band pass ladder filter . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN WONG whose telephone number is (571)272-3238. The examiner can normally be reached M-F: 10am - 7:00pm. 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, Andrea Lindgren Baltzell can be reached at 571-272-5918. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.W/Examiner, Art Unit 2843 /ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843 Application/Control Number: 19/050,372 Page 2 Art Unit: 2843 Application/Control Number: 19/050,372 Page 3 Art Unit: 2843 Application/Control Number: 19/050,372 Page 4 Art Unit: 2843 Application/Control Number: 19/050,372 Page 5 Art Unit: 2843 Application/Control Number: 19/050,372 Page 6 Art Unit: 2843 Application/Control Number: 19/050,372 Page 7 Art Unit: 2843 Application/Control Number: 19/050,372 Page 8 Art Unit: 2843 Application/Control Number: 19/050,372 Page 9 Art Unit: 2843 Application/Control Number: 19/050,372 Page 10 Art Unit: 2843 Application/Control Number: 19/050,372 Page 11 Art Unit: 2843 Application/Control Number: 19/050,372 Page 12 Art Unit: 2843 Application/Control Number: 19/050,372 Page 13 Art Unit: 2843
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