DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 09, 2026 has been entered.
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 1-2, 4, and 6-8 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. As to claim 1, the limitation “heat conductive material slug” is alleged to be supported in [0040] and [0041] of the Specification. However, it appears the limitation “heat conductive material slug” is specifically disclosed to read on non-elected FIG. 4 but does not exist in the elected FIG. 2. Further, it is also not clear how the heat conductive material slug is within the encapsulant layer, where the at least one heat sink is even with the encapsulant layer. As clearly seen in FIG. 2 and FIG. 4 of the Drawings, the encapsulant layer that is even with the at least one heat sink is only between the first and second substrates surrounding the second die, the at least one heat sink, and the solder balls. It is not clear whether the recited “heat conductive material slug” is actually directed to thick and thinner portions of the at least one heat sink on top and sides of the second die such that the “heat conductive material slug” is within the encapsulant layer. Furthermore, the limitation “even with the encapsulant layer” does not specify the breadth of the limitation “even”. As seen in FIG. 2, it appears the combination of 16A/18 and 16 within the encapsulant layer is even with the encapsulant layer and 16 is only roughly “even” with the encapsulant layer. It is not clear whether the limitation “even” does not require exact coplanar surfaces. Lastly, it is not clear what “at lest one” is directed to and which one “the electronic system package” is directed to with respect to the “electronic systems package”. Thus, the limitation renders the claims indefinite and clarification is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0227209 A1 to Yoon et al. (“Yoon”) in view of U.S. Patent Application Publication No. 2021/0257272 A1 to Kothari et al. (“Kothari”). As to claim 1, although Yoon discloses an electronic systems package comprising: a first die (316/320) in operable communication with a first substrate (102); a second die (114) in operable communication with a second substrate (304/at 320) above the first substrate (102) and in thermal communication therewith; an encapsulant layer (122) surrounding the second die (114); and at least one heat sink (120) embedded within the encapsulant layer (122) surrounding the second die (114), the at least one heat sink (120) being even with the encapsulant layer (122); and wherein the at least one heat sink (120) is exposed to an exterior of the electronic systems package and operable to direct heat generated from the first (316/320) and second (114) dies out from the package and away from the first (316/320) and second (114) dies through the at least one heat sink (120) through the top of the electronic system package (See Fig. 1, Fig. 3, Fig. 4, ¶ 0037-¶ 0043, ¶ 0049-¶ 0053, ¶ 0058-¶ 0064, ¶ 0067-¶ 0069) (Notes: the recited elements are met by the recited positions and thus are operable to direct heat generated from the first and second dies out from the package and away from the first and second dies. Further, the limitation “substrate” is interpreted as a supporting element and the limitation “encapsulant layer” is interpreted as a covering layer. Lastly, the at least one heat sink is even with the encapsulant layer to be exposed to air/environment. The proximity between the first and second dies and the at least one heat sink provides heat dissipation), Yoon does not further disclose wherein the at least one heat sink comprises at lest one heat conductive material slug on top of the second die and at least one heat conductive material slug adjacent the second die within the encapsulant layer. However, Kothari does disclose wherein the at least one heat sink (120) comprises at lest one heat conductive material slug (120a) on top of the second die (110) and at least one heat conductive material slug (120b) adjacent the second die (110) within the at least one heat sink (120) (See Fig. 1, ¶ 0025-¶ 0029). In view of the teaching of Kothari, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Yoon to have wherein the at least one heat sink comprises at lest one heat conductive material slug on top of the second die and at least one heat conductive material slug adjacent the second die within the encapsulant layer because the heat conductive material slug improves the overall thermal design power capabilities (See ¶ 0029). As to claim 2, Yoon discloses further comprising: a thermal interface material layer (322) between each of the at least one heat sinks (120) and the second substrate (at 320) (See Fig. 3, ¶ 0053), where the thermal interface material in physical contact provides heat dissipation path. As to claim 4, Yoon discloses further comprising: a third die (320) in operable communication with the second substrate (304) (See Fig. 4, ¶ 0052). As to claim 6, Yoon further discloses wherein the first die (316) further comprises: a flip chip die (316) (See Fig. 4, ¶ 0051). As to claim 7, Yoon further discloses wherein the second die (114) further comprises: one of a flip chip die (114) and a wire bond die (See Fig. 1, ¶ 0038). As to claim 8, Yoon further discloses wherein the third die (320) further comprises: one of a flip chip die and a wire bond die (320) (See Fig. 4, ¶ 0051, ¶ 0052).
Response to Arguments
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID CHEN whose telephone number is (571)270-7438. The examiner can normally be reached M-F 12-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA BENITEZ can be reached at (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID CHEN/Primary Examiner, Art Unit 2815