Prosecution Insights
Last updated: October 02, 2026
Application No. 19/073,123

FILTER USING TRANSVERSELY-EXCITED FILM BULK ACOUSTIC RESONATORS

Non-Final OA §DP
Filed
Mar 07, 2025
Priority
Mar 30, 2021 — provisional 63/168,093 +1 more
Examiner
POOS, JOHN W
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Murata Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
1312 granted / 1404 resolved
+25.4% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
29 currently pending
Career history
1424
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
31.2%
-8.8% vs TC avg
§102
54.1%
+14.1% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1404 resolved cases

Office Action

§DP
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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as 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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-18, and 20 of U.S. Patent No. 12,289,098. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following: Application 19/073,123 US 12,289,098 Claim 1: A bandpass filter comprising: a ladder filter circuit comprising a series transversely-excited film bulk acoustic resonator (XBAR) and a shunt XBAR, wherein the series XBAR comprises: a lithium niobate (LN) piezoelectric layer of the series XBAR; and a front side dielectric layer of the series XBAR that comprises a silicon oxide between interleaved fingers of an interdigital transducer of the series XBAR disposed on the LN piezoelectric layer of the series XBAR, wherein the series XBAR has an LN-equivalent thickness teqa that is less than or equal to 305 nanometers, wherein teqa = tp + ka*(tfsd), where tp is a thickness of the LN piezoelectric layer of the series XBAR, ka is a constant for the series XBAR wherein ka = 0.45, and tfsd is a thickness of the front side dielectric layer of the series XBAR, wherein the shunt XBAR comprises: a LN piezoelectric layer of the shunt XBAR; and a front side dielectric layer of the shunt XBAR that comprises a silicon oxide between interleaved fingers of an interdigital transducer of the shunt XBAR disposed on the LN piezoelectric layer of the shunt XBAR, and wherein the shunt XBAR has an LN-equivalent thickness teqr greater than or equal to 310 nanometers and the LN piezoelectric layer of the shunt XBAR has a thickness that is less than 1500 nanometers wherein teqr = tp + kr*(tfsd), where tp is a thickness of the LN piezoelectric layer of the shunt XBAR, kr is a constant for the shunt XBAR wherein kr = 0.57, and tfsd is a thickness of the front side dielectric layer of the shunt XBAR. Claim 1: A bandpass filter comprising: a ladder filter circuit comprising a series transversely-excited film bulk acoustic resonator (XBAR) and a shunt XBAR, wherein the series XBAR comprises: a lithium niobate (LN) piezoelectric layer; a front-side dielectric layer of silicon oxide between interleaved fingers of an interdigital transducer disposed on the LN piezoelectric layer of the series XBAR, wherein the series XBAR has an LN-equivalent thickness teqa less than or equal to 305 nanometers, and the LN-equivalent thickness tega of the series XBAR is given by the formula tp+ka*(tfsd), where tp is a thickness of the LN piezoelectric layer of the series XBAR, ka is a constant for the series XBAR and ka=0.45, and tfsd is a thickness of the front side dielectric layer of the series XBAR, wherein the shunt XBAR comprises: a LN piezoelectric layer; a front-side dielectric layer of silicon oxide between interleaved fingers of an interdigital transducer disposed on the LN piezoelectric layer of the shunt XBAR, and wherein the shunt XBAR has an LN-equivalent thickness teqr greater than or equal to 310 nanometers and the LN piezoelectric layer has a thickness that is less than 1500 nanometers, and the LN-equivalent thickness teqr of the shunt XBAR is given by the formula tp+kr*(tfsd), where tp is a thickness of the LN piezoelectric layer of the shunt XBAR, and kr is a constant for the shunt XBAR and kr=0.57, and tfsd is a thickness of the front-side dielectric layer of the shunt XBAR. Claim 2: The bandpass filter of claim 1, wherein the LN piezoelectric layer of the series XBAR has a thickness that is less than or equal to the thickness of the LN piezoelectric layer of the shunt XBAR. Claim 2: The bandpass filter of claim 1, wherein the LN piezoelectric layer of the series XBAR has a thickness less than or equal to the thickness of the LN piezoelectric layer of the shunt XBAR. Claim 3: The bandpass filter of claim 1, wherein the series XBAR is disposed on a first chip and the shunt XBAR is disposed on a second chip. Claim 3: The bandpass filter of claim 1, wherein the series XBAR is disposed on a first chip and the shunt XBAR is disposed on a second chip. Claim 4: The bandpass filter of claim 1, wherein one or more of the series XBAR and the shunt XBAR are composed of multiple sub-resonators. Claim 4: The bandpass filter of claim 1, wherein one or more of the series XBAR and the shunt XBAR are composed of multiple sub-resonators. Claim 5: The bandpass filter of claim 4, wherein the multiple sub-resonators have approximately a same length and approximately a same aperture as each other. Claim 5: The bandpass filter of claim 4, wherein the multiple sub-resonators have a same length and a same aperture as each other. Claim 6: The bandpass filter of claim 1, wherein the LN-equivalent thickness teqr of the shunt XBAR is greater than or equal to 320 nm. Claim 6: The bandpass filter of claim 1, wherein the LN piezoelectric layer of the shunt XBAR has an LN-equivalent thickness greater than or equal to 320 nm. Claim 7: The bandpass filter of claim 1, wherein the LN-equivalent thickness teqa of the series XBAR is less than 295 nanometers. Claim 7: The bandpass filter of claim 1, wherein the LN piezoelectric layer of the series XBAR has an LN-equivalent thickness of less than 295 nanometers. Claim 8: The bandpass filter of claim 1, wherein the series XBAR is one of a plurality of series XBARs that each have an LN-equivalent thickness teqa that is less than 295 nanometers. Claim 8: The bandpass filter of claim 1, wherein the series XBAR is one of a plurality of series XBARs that each have an LN-equivalent thickness that is less than 295 nanometers. Claim 9: The bandpass filter of claim 1, wherein the LN piezoelectric layer of the series XBAR has Euler angles [0°, β, 0°], where 30°≤β≤38°, and wherein the LN piezoelectric layer of the shunt XBAR has Euler angles [0°, β, 0°], where 30°≤β≤38°. Claim 10: The bandpass filter of claim 1, wherein the LN piezoelectric layer of the series XBAR has Euler angles [0°, β, 0°], where 30°≤β≤38°, and wherein the LN piezoelectric layer of the shunt XBAR has Euler angles [0°, β, 0°], where 30°≤β≤38°. Claim 10: A radio frequency (RF) module comprising: a series bulk acoustic resonator comprising: a lithium niobate (LN) piezoelectric layer of the series bulk acoustic resonator; and a dielectric layer of the series bulk acoustic resonator comprising a silicon oxide between interleaved fingers of an interdigital transducer of the series bulk acoustic resonator, the interleaved fingers of the series bulk acoustic resonator disposed on the LN piezoelectric layer of the series bulk acoustic resonator; and a shunt bulk acoustic resonator comprising: a LN piezoelectric layer of the shunt bulk acoustic resonator, and a dielectric layer of the shunt bulk acoustic resonator comprising a silicon oxide between interleaved fingers of an interdigital transducer of the shunt bulk acoustic resonator, the interleaved fingers of the shunt bulk acoustic resonator disposed on the LN piezoelectric layer of the shunt bulk acoustic resonator, wherein the series bulk acoustic resonator has an LN-equivalent thickness teqa that is less than or equal to 305 nanometers, wherein teqa = tp + ka*(tfsd), where tp is a thickness of LN piezoelectric layer of the series bulk acoustic resonator, ka is a constant for the dielectric layer of silicon oxide of the series bulk acoustic resonator and ka = 0.45, and tfsd is a thickness of the dielectric layer of the series bulk acoustic resonator, and wherein the shunt bulk acoustic resonator has an LN-equivalent thickness teqr greater than or equal to 310 nanometers and a thickness of the LN piezoelectric layer of the shunt bulk acoustic resonator is less than 1500 nanometers, wherein teqr = tp + kr*(tfsd), where tp is a thickness of the LN piezoelectric layer of the shunt bulk acoustic resonator, and kr is a constant for the dielectric layer of silicon oxide for the shunt bulk acoustic resonator and kr = 0.57, and tfsd is a thickness of the dielectric layer of the shunt bulk acoustic resonator. Claim 11: A ladder filter circuit comprising: a series bulk acoustic resonator and a shunt bulk acoustic resonator, wherein the series bulk acoustic resonator comprises: a lithium niobate (LN) piezoelectric layer; a dielectric layer of silicon oxide between interleaved fingers of an interdigital transducer disposed on the LN piezoelectric layer of the series bulk acoustic resonator, wherein the series bulk acoustic resonator has an LN-equivalent thickness tega that is less than or equal to 305 nanometers, and the LN-equivalent thickness tega of the series bulk acoustic resonator is given by the formula tp+ka*(tfsd), where tp is a thickness of LN piezoelectric layer of the series bulk acoustic resonator, ka is a constant for the dielectric layer of silicon oxide of the series bulk acoustic resonator and ka=0.45, and tfsd is a thickness of the dielectric layer of the series bulk acoustic resonator, wherein the shunt bulk acoustic resonator comprises: a LN piezoelectric layer; a dielectric layer of silicon oxide between interleaved fingers of an interdigital transducer disposed on the LN piezoelectric layer of the shunt bulk acoustic resonator, and wherein the shunt bulk acoustic resonator has an LN-equivalent thickness teqr greater than or equal to 310 nanometers and a thickness of the LN piezoelectric layer is less than 1500 nanometers, and the LN-equivalent thickness teqr of the shunt bulk acoustic resonator is given by the formula tp+kr*(tfsd), where tp is a thickness of the LN piezoelectric layer of the shunt bulk acoustic resonator, and kr is a constant for the dielectric layer of silicon oxide for the shunt bulk acoustic resonator and kr=0.57, and tfsd is a thickness of the dielectric layer of the shunt bulk acoustic resonator. Claim 11: The radio frequency module of claim 10, wherein the LN piezoelectric layer of the series bulk acoustic resonator has a thickness that is less than or equal to the thickness of the LN piezoelectric layer of the shunt bulk acoustic resonator. Claim 12: The ladder filter circuit of claim 11, wherein the LN piezoelectric layer of the series bulk acoustic resonator has a thickness less than or equal to the thickness of the LN piezoelectric plate of the shunt bulk acoustic resonator. Claim 12: The radio frequency module of claim 10, wherein the series bulk acoustic resonator is disposed on a first chip and the shunt bulk acoustic resonator is disposed on a second chip. Claim 13: The ladder filter circuit of claim 11, wherein the series bulk acoustic resonator is disposed on a first chip and the shunt bulk acoustic resonator is disposed on a second chip. Claim 13: The radio frequency module of claim 10, wherein one or more of the series bulk acoustic resonator and the shunt bulk acoustic resonator are composed of multiple sub- resonators. Claim 14: The ladder filter circuit of claim 11, wherein one or more of the series bulk acoustic resonator and the shunt bulk acoustic resonator are composed of multiple sub-resonators. Claim 14: The radio frequency module of claim 13, wherein the multiple sub-resonators have approximately a same length and approximately a same aperture as each other. Claim 15: The ladder filter circuit of claim 14, wherein the multiple sub-resonators have a same length and a same aperture as each other. Claim 15: The radio frequency module of claim 10, wherein the LN-equivalent thickness teqr of the shunt bulk acoustic resonator is greater than or equal to 320 nm. Claim 16: The ladder filter circuit of claim 11, wherein the LN piezoelectric layer of the shunt bulk acoustic resonator has an LN-equivalent thickness that is greater than or equal to 320 nm. Claim 16: The radio frequency module of claim 10, wherein the LN-equivalent thickness teqa of the series bulk acoustic resonator is less than 295 nanometers. Claim 17: The ladder filter circuit of claim 11, wherein the LN piezoelectric layer of the series bulk acoustic resonator has an LN-equivalent thickness that is less than 295 nanometers. Claim 17: The radio frequency module of claim 10, wherein the series bulk acoustic resonator is one of a plurality of series bulk acoustic resonators that each have an LN-equivalent thickness teqa that is less than 295 nanometers. Claim 18: The ladder filter circuit of claim 11, wherein the series bulk acoustic resonator is one of a plurality of series bulk acoustic resonators that each have an LN-equivalent thickness that is less than 295 nanometers. Claim 18: The radio frequency module of claim 10, wherein the LN piezoelectric layer of the series bulk acoustic resonator has Euler angles [0°, β, 0°], where 30°≤β≤38°, and wherein the LN piezoelectric layer of the shunt bulk acoustic resonator has Euler angles [0°, β, 0°], where 30°≤β≤38°. Claim 20: The ladder filter circuit of claim 11, wherein the LN piezoelectric layer of the series bulk acoustic resonator has Euler angles [0°, β, 0°], where 30°≤β≤38°, and wherein the LN piezoelectric layer of the shunt bulk acoustic resonator has Euler angles [0°, β, 0°], where 30°≤β≤38°. Allowable Subject Matter Claim 19 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. Claim 20 is allowed. In regard to Claim 20: None of the prior art or combination thereof teaches or fairly suggests the following features in combination with the other limitations of the claims: wherein the series bulk acoustic resonator has an LN-equivalent thickness teqa that is less than or equal to 305 nanometers, wherein teqa = tp + ka*(tfsd), where tp is a thickness of LN piezoelectric layer of the series bulk acoustic resonator, ka is a constant for the dielectric layer of silicon oxide of the series bulk acoustic resonator and ka = 0.45, and tfsd is a thickness of the dielectric layer of the series bulk acoustic resonator; wherein the shunt bulk acoustic resonator has an LN-equivalent thickness teqr greater than or equal to 310 nanometers and a thickness of the LN piezoelectric layer of the shunt bulk acoustic resonator is less than 1500 nanometers, and wherein teqr= tp + kr*(tfsd), where tp is a thickness of the LN piezoelectric layer of the shunt bulk acoustic resonator, and kr is a constant for the dielectric layer of silicon oxide for the shunt bulk acoustic resonator and kr = 0.57, and tfsd is a thickness of the dielectric layer of the shunt bulk acoustic resonator. However, Plesski et al. (US 2019/0386636) discloses forming a lithium niobate (LN) piezoelectric layer for the series bulk acoustic resonator (Figure 14: 1410A); disposing an interdigital transducer on the LN piezoelectric layer of the series bulk acoustic resonator (Paragraph 0032), the interdigital transducer having interleaved fingers on the LN piezoelectric layer of the series bulk acoustic resonator (Paragraph 0038); and bonding a dielectric layer to the LN piezoelectric layer of the series bulk acoustic resonator (Paragraph 0032), the dielectric layer comprising silicon oxide formed at least between interleaved fingers of the interdigital transducer of the series bulk acoustic resonator (Paragraph 0038), and forming a LN piezoelectric layer for the series bulk acoustic resonator (Figure 14: 1410A); disposing an interdigital transducer on the LN piezoelectric layer of the shunt bulk acoustic resonator (Figure 14: 1420A), the interdigital transducer having interleaved fingers on the LN piezoelectric layer of the shunt bulk acoustic resonator (Paragraph 0032); bonding a dielectric layer of the shunt bulk acoustic resonator (Paragraph 0032), the dielectric layer comprising silicon oxide formed at least between interleaved fingers of an interdigital transducer of the shunt bulk acoustic resonator (Paragraph 0038). It would not have been obvious to one having ordinary skill in the art to combine any prior art to teach or fairly suggest the features not disclosed by Plesski. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Garcia (US 2020/0287521) discloses an acoustic resonator that includes a substrate having a surface and a single-crystal piezoelectric plate having front and back surfaces. The back surface is attached to the surface of the substrate except for a portion of the piezoelectric plate forming a diaphragm that spans a cavity in the substrate. An interdigital transducer (IDT) is formed on the front surface of the single-crystal piezoelectric plate such that interleaved fingers of the IDT are disposed on the diaphragm. Yantchev et al. (US 2020/0235719) discloses an acoustic resonator that includes a substrate having a surface and a single-crystal piezoelectric plate having front and back surfaces. The back surface is attached to the surface of the substrate except for a portion of the piezoelectric plate forming a diaphragm that spans a cavity in the substrate. An interdigital transducer (IDT) is formed on the front surface of the single-crystal piezoelectric plate such that interleaved fingers of the IDT are disposed on the diaphragm. Plesski (US 10,797,675) discloses an acoustic resonator that includes a substrate and a lithium niobate (LN) plate having parallel front and back surfaces, the back surface attached to a surface of the substrate except for a portion of the LN plate forming a diaphragm that spans a cavity in the substrate. An interdigital transducer (IDT) is formed on the front surface of the LN plate such that interleaved fingers of the IDT are disposed on the diaphragm. The IDT is configured to excite a primary acoustic mode in the diaphragm in response to a radio frequency signal applied to the IDT. A direction of acoustic energy flow of the primary acoustic mode is substantially orthogonal to the surfaces of the diaphragm. The Euler angles of the LN plate are 0°, β, 90°, where β is greater than or equal to −15° and less than 0°. Any inquiry concerning this communication or earlier communications from the examiner should be directed to John W Poos whose telephone number is (571)270-5077. The examiner can normally be reached M-Th 8-5. 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, Jessica Han can be reached at 571-272-2078. 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. /JOHN W POOS/Primary Examiner, Art Unit 2843
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Prosecution Timeline

Mar 07, 2025
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
93%
Grant Probability
98%
With Interview (+4.6%)
1y 10m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1404 resolved cases by this examiner. Grant probability derived from career allowance rate.

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