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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/19/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 2, 6, 7, and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 6 and 7 of U.S. Patent No. 12,323,130. Although the claims at issue are not identical, they are not patentably distinct from each other because:
19/203, 651
12,323,130
1. An acoustic resonator device comprising: a piezoelectric layer having a first surface and a second surface; and a first electrode and a second electrode on the first surface of the piezoelectric layer, wherein at least one of the first electrode and second electrode has a side that extends at an angle relative to the first surface of the piezoelectric layer,
wherein the angle is greater than or equal to 70 degrees and less than 90 degrees, and wherein a thickness of the piezoelectric layer is less than a distance between a center of the first electrode and a center of the second electrode.
1. An acoustic resonator device comprising: a piezoelectric layer having first and second surfaces; and a first electrode and a second electrode on the first surface of the piezoelectric layer, the first and second electrodes and the piezoelectric layer configured such that a radio frequency signal applied between the first and second electrodes excites a primarily primary acoustic mode in the piezoelectric layer, wherein each of the first electrode and the second electrode has a pair of side surfaces that extend from the first surface of the piezoelectric layer, wherein at least one side surface of each pair of side surfaces of each of the first and second electrodes has a sidewall angle that is greater than or equal to 70 degrees and less than 90 degrees or greater than 90 degrees and less than or equal to 110 degrees relative to the first surface of the piezoelectric layer, wherein an average thickness of the piezoelectric layer is less than or equal to a distance between a center of the first electrode and a center of the second electrode.
2. The acoustic resonator device of claim 1, wherein at least one of the first electrode and the second electrode has a trapezoidal cross-sectional shape, a substantially trapezoidal cross-sectional shape, or an irregular trapezoidal cross-sectional shape.
2. The acoustic resonator device of claim 1, wherein at least one of the first electrode and the second electrode has a trapezoidal or irregular trapezoidal cross-sectional shape that includes the respective pair of side surfaces.
6. The acoustic resonator device of claim 1, further comprising a substrate, wherein a portion of the piezoelectric layer is over a cavity between the substrate and the second surface of the piezoelectric layer.
5. The acoustic resonator device of claim 1, further comprising: a substrate, wherein the second surface of the piezoelectric layer is disposed on the substrate such that a portion of the piezoelectric layer is a diaphragm that is over a cavity of the acoustic resonator device, and the first electrode and the second electrode are on the diaphragm.
7. The acoustic resonator device of claim 1, further comprising: a substrate; and an acoustic Bragg reflector between the second surface of the piezoelectric layer and the substrate.
6. The acoustic resonator device of claim 1, further comprising: a substrate; and an acoustic Bragg reflector between the second surface of the piezoelectric layer and the substrate.
10. The acoustic resonator device of claim 1, wherein the thickness of the piezoelectric layer is an average thickness.
1. An acoustic resonator device comprising: a piezoelectric layer having first and second surfaces; and a first electrode and a second electrode on the first surface of the piezoelectric layer, the first and second electrodes and the piezoelectric layer configured such that a radio frequency signal applied between the first and second electrodes excites a primarily primary acoustic mode in the piezoelectric layer, wherein each of the first electrode and the second electrode has a pair of side surfaces that extend from the first surface of the piezoelectric layer, wherein at least one side surface of each pair of side surfaces of each of the first and second electrodes has a sidewall angle that is greater than or equal to 70 degrees and less than 90 degrees or greater than 90 degrees and less than or equal to 110 degrees relative to the first surface of the piezoelectric layer, wherein an average thickness of the piezoelectric layer is less than or equal to a distance between a center of the first electrode and a center of the second electrode.
Allowable Subject Matter
Claims 13-20 are allowed.
Claims 3-5, 8, 9, 11 and 12 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.
The following is a statement of reasons for the indication of allowable subject matter: With regards to claims 13-20, the prior art of record does not disclose or fairly teach the specific circuit configuration with emphasis on a center-center distance between two adjacent interleaved fingers of the plurality of interleaved fingers is defined as a pitch, wherein a width of at least one of the plurality of interleaved fingers is defined as a mark of the at least one of the plurality of interleaved fingers, and wherein the pitch is between 2 to 20 times the mark.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY E GLENN whose telephone number is (571)272-1761. The examiner can normally be reached M-F 8:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Lindgren Baltzell can be reached at 571-272-5918. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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September 18, 2026
/K.E.G/Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843
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