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 .
This action is being sent to make corrections to the 112b rejections specifically adding the rejection of claim 7 and its dependent claims and to properly identify claim 5 as withdrawn in the PTO-326 form. This action restarts the applicant period for reply.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/19/2026 has been entered.
Election/Restrictions
Newly submitted amended claim 5 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: in the election filed 5/7/2024 applicant elected the species depicted in Figs. 3a-3i which ultimately has a cover which only covers the top surface of the component and not the sidewalls. Claim 5 has been amended to require the down portion of the cover extending around multiple sides of the component.
Elected embodiment
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Non-elected embodiment of claim 5
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Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 5 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “A method of making a semiconductor device, comprising: providing a first substrate; disposing a first electrical component over the first substrate; and disposing a heat spreader over the first electrical component, wherein the heat spreader includes a horizontal portion disposed at least in part over the first electrical component and a down portion extending from the first horizontal portion to attach to the first substrate and while the heat spreader remains open and non-attached to the first substrate opposite the down portion of the heat spreader.”
It is unclear what is meant by “the heat spreader remains open and non-attached to the first substrate opposite the down portion of the heat spreader. The underlined portion can be interpreted as 1) the down portion extends from one side of horizontal portion and so the heat spreader is open and non-attached on the other side or 2) the heat spreader has a connecting surface that is in contact with both the first electrical component and the first substrate and there is a portion of the down portion that is not connected to either the component or the substrate or 3) the heat spreader has a connecting surface that is in contact with both the first electrical component and the first substrate and there is an opposing surface of the heat spreader in the down portion that is not connected to anything. It is unclear what is required of the claimed invention.
Claim 7 recites “A semiconductor device, comprising: A method of making a semiconductor device, comprising:
providing a first substrate;
disposing a first electrical component over the first substrate; and
disposing a cover over the first electrical component by attaching a first side surface of the cover to the first substrate facing a first vertical side of the first electrical component and while the cover remains open and non- attached to the first substrate opposite the first vertical side of the first electrical component.
The disclosed invention shows the heat spreader is attached to the top surface of the substrate and the first component is mounted to this same top surface. There is no portion of the substrate that is facing the vertical side of the component as the grammar of the claim requires. Does applicant wish to require that the heat spreader attaches to the substrate and the heat spreader has a portion that faces the vertical side of the component?
Claim 12 recites “attaching a second side surface of the cover facing a second side of the first electrical component to a surface of the first substrate, while leaving the cover open and non- attached opposite the first side of the first electrical component.” However, claim 7 from which claim 12 depends requires that the first side surface of the cover is attached to the substrate and is the surface that faces the vertical side of the component and is left open and non-attached in the portion that faces the vertical side of the component. Therefore it is unclear how the second surface of the cover is also facing the first electrical component and attached to the substrate. Also, is “the first side” referring to “the first vertical side” of claim 7? Is the claim requiring that the second side surface of the of the cover is the connecting surface of the structure or something else?
Claim 14 recites “A semiconductor device, comprising: a first substrate; a first electrical component disposed over the first substrate; and a heat spreader disposed over the first electrical component, wherein the heat spreader attaches to the first substrate facing a first vertical side of the first electrical component and the heat spreader remains open and non-attached to the first substrate opposite the first side of the first electrical component.”
The disclosed invention shows the heat spreader is attached to the top surface of the substrate and the first component is mounted to this same top surface. There is no portion of the substrate that is facing the vertical side of the component as the grammar of the claim requires. Does applicant wish to require that the heat spreader attaches to the substrate and the heat spreader has a portion that faces the vertical side of the component?
Claim 18 recites “attaching a second side surface of the heat spreader facing a second side of the first electrical component to a surface of the first substrate, while leaving the heat spreader open and non- attached opposite the first side of the first electrical component.” However, claim 14 from which claim 18 depends requires that the first side surface of the cover is attached to the substrate and is the surface that faces the vertical side of the component and is left open and non-attached in the portion that faces the vertical side of the component. Therefore it is unclear how the second surface of the cover is also facing the first electrical component and attached to the substrate. Also, is “the first side” referring to “the first vertical side” of claim 7? Is the claim requiring that the second side surface of the of the cover is the connecting surface of the structure or something else?
Claim 20 recites “A semiconductor device, comprising: a first substrate; a first electrical component disposed over the first substrate; and a cover disposed over the first electrical component, wherein a first vertical side surface of the cover attaches to the first substrate facing a first portion of the first electrical component and the cover remains open and non-attached to the first substrate opposite the first vertical side of the first electrical component.”
The disclosed invention shows the cover is attached to the top surface of the substrate and the first component is mounted to this same top surface. There is no portion of the substrate that is facing the vertical side of the component as the grammar of the claim requires. Does applicant wish to require that the heat spreader attaches to the substrate and the heat spreader has a portion that faces the vertical side of the component?
Claim 24 recites “attaching a second side surface of the cover facing a second side of the first electrical component to a surface of the first substrate, while leaving the cover open and non- attached opposite the first side of the first electrical component.” However, claim 14 from which claim 18 depends requires that the first side surface of the cover is attached to the substrate and is the surface that faces the vertical side of the component and is left open and non-attached in the portion that faces the vertical side of the component. Therefore it is unclear how the second surface of the cover is also facing the first electrical component and attached to the substrate. Also, is “the first side” referring to “the first vertical side” of claim 7? Is the claim requiring that the second side surface of the of the cover is the connecting surface of the structure or something else?
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.
Claim(s) 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20120119346 A1 (IM).
Re claim 26, Im teaches a semiconductor device, comprising:
a first substrate (package substrate 200) having a top surface and a bottom surface;
a first electrical component (semiconductor package 120) having a first portion, wherein the first portion is in contact with the top surface the first substrate; and
a cover (package cap 300) disposed over the first electrical component, wherein a bottom surface of the cover attaches to the top surface of the first substrate, and wherein a portion of the bottom surface of the cover is not attached to the first substrate or the first electrical component (vertical interior portion of package cap 300 is not in contact with either the substrate 200 nor the semiconductor chip 120) (Fig. 15).
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Suggestions have previously been made to fix the indefiniteness issues with the claims. The latest amendments raise new issues of indefiniteness and do not overcome the issues in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGITTE A PATERSON whose telephone number is (571)272-1752. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM.
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, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIGITTE A. PATERSON
Primary Examiner
Art Unit 2896
/BRIGITTE A PATERSON/Primary Examiner, Art Unit 2896
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