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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/15/2022 were filed on the national stage entry date of this application on this application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Applicant amended claims on 11/10/2022 appear to remove most of the drawing reference characters in the claims. Applicant is advised that some reference characters remain. The reference characters remaining in the claims do not appear to affect the scope of the claim. MPEP 608.01(m).
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 1-15 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 “producing a first metallic layer comprising one or more of the soft metals lead, cadmium, indium, tin”. The claim is indefinite, because there is no conjunction between a list of elements. Accordingly, it is unclear if applicant intended “one or more of the soft metals lead, cadmium, indium, or tin” or “one or more of the soft metals lead, cadmium, indium, and tin”. For the purpose of this Office Action, the Office will interpret the claim as “one or more of the soft metals lead, cadmium, indium, or tin”.
Claims 2-11 are indefinite at least based on their dependence from claim 1.
Claims 7 and 8 are further indefinite. Claim 7 depends from claim 1 and recites “the amount of substance of gold contained in total per unit area in the second metal layer and the fourth metal layer”. Claim 8 recites “the fourth metal layer”. Claim 1 does not define the second metal layer to contain gold and does not define a fourth metal layer. Accordingly, it is unclear what this language refers too because it lacks antecedent basis. For the purpose of this Office action, the Office will interpret the language to be “an amount of substance of gold contained in total per unit area in the second metal layer and a fourth metal layer”.
Claim 7 is further indefinite. Claim 7 recites “the soft metals lead, cadmium, indium and tin”. The claim is indefinite, because it is unclear if applicant is claiming that all the soft metals are present or if only one of the soft metals is present. For the purpose of this Office Action, the Office will interpret the language as “at least one of the soft metals consisting of lead, cadmium, indium, or tin”. Please see MPEP 2117 and 2173.05(h).
Claims 12 and 15 recites “at least one further metal (ME) from the group lead, cadmium, indium and tin”. The claim is indefinite, because it is unclear if applicant is claiming that all the soft metals are present or if only one of the soft metals is present. For the purpose of this Office Action, the Office will interpret the claim as “at least one further metal (ME) from the group consisting of lead, cadmium, indium or tin.” Please see MPEP 2117 and 2173.05(h).
Claims 13-14 are indefinite at least based on their dependence from claim 12.
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 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huelsewede et al. (US20180138664A1), hereafter Huelsewede.
Regarding claim 15, Huelsewede discloses the use of a permanent clamping force ([0014]) for maintaining a securement of a semiconductor component on a heat-conducting body ([0067]) by means of an intermetallic layer ([0034]), where the intermetallic layer comprises gold (Au) and at least one further metal (ME) from the group lead, cadmium, indium and tin, and the intermetallic layer consists predominantly of one or more mixed phases AuME.sub.3, AuME.sub.2 and/or phases with higher gold fraction ([0034]).
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Schroeder et al. (US20120252144A1), hereafter Schroeder, in view of Huelsewede et al. (US20180138664A1), hereafter Huelsewede.
Regarding claim 1, Schroeder discloses a method for producing a semiconductor assembly (Figs. 1a and 1b; [0079]-[0087]), characterized by the following steps: a. providing at least one semiconductor chip (Fig. 1a element 10) having on a first side a first contact face (Fig. 1a element 11) and having on a second side, opposite the first side, a second contact face (Fig. 1a element 12), b. providing a heat-conducting body (Fig. 1a element 20; [0080]) having a first connection face (Fig. 1a element 21), c. providing a cover (Fig. 1a element 30) having a second connection face (Fig. 1a element 31), d. producing a first metallic layer comprising one or more of the soft metals lead, cadmium, indium, tin (Fig. 1a elements 51 or 52; [0079]), e. producing a second metal layer (Fig. 1a element 17 or 18), where either the first metallic layer is produced on the first connection face and the second metal layer is produced on the first contact face, or vice versa (Fig. 1a element 17 is on the first contact face 11 and element 51 is on the first connection face), f. disposing the semiconductor chip between the heat-conducting body and the cover (Fig. 1a element 10 is between elements 20 and 30), where the first contact face is facing the first connection face of the heat-conducting body (Fig. 1a element 11 is facing element 21) and the second contact face is facing the second connection face of the cover (Fig. 1a element 12 is facing element 31), g. generating at least one force which has a component which presses the cover in the direction of the heat-conducting body, where under the action of the force the first metallic layer is pressed areally onto the second metal layer (Fig. 1b element 53; [0082]), h. establishing a mechanical connection of the cover to the heat-conducting body (10) that at least partly maintains the force (Fig. 1b element 55; [0082]), i. forming an intermetallic layer by solid-state diffusion of the first metallic layer into the second metal layer and/or vice versa ([0082]), where the first metallic layer is bound predominantly in intermetallic mixed phases and/or oxidically ([0079]-[0082]; While not explicitly stated that the first metallic layer is “bound predominantly in intermetallic mixed phases”, Schroeder discloses the same materials and the same process, so a person of ordinary skill in the art would understand the “the first metallic layer is bound predominantly in intermetallic mixed phases” to be implicitly disclosed). While the Office believes the method of Schroeder would naturally result in “the first metallic layer is bound predominantly in intermetallic mixed phases”, Schroeder does not explicitly state “the first metallic layer is bound predominantly in intermetallic mixed phases”. However, Huelsewede discloses the first metallic layer is bound predominantly in intermetallic mixed phases ([0034]). An advantage is to make a very hard connection that cannot be further plastically deformed ([0034]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Schroeder with the first metallic layer is bound predominantly in intermetallic mixed phases as disclosed by Huelsewede in order to make a very hard connection that cannot be further plastically deformed.
Regarding claim 2, Schroeder further discloses partly oxidizing the first metallic layer before step f) ([0092]).
Regarding claim 3, Schroeder in view of Huelsewede do not explicitly disclose the first metallic layer has a layer thickness of less than 2 μm but at least 200 nm. However, Schroeder discloses the metallic layers thickness may be optimized ([0089]). As is known in the art, considerations for optimizing the thickness of the metallic layers include the costs of the material versus the desired properties of the layers. Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Schroeder in view of Huelsewede with the first metallic layer has a layer thickness of less than 2 μm but at least 200 nm, since Schroeder discloses the metallic layers thickness may be optimized in order to balance cost versus desired properties as is known in the art and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 4, Huelsewede further discloses the intermetallic layer is formed by solid-state diffusion of the first metallic layer into the second metal layer and/or vice versa ([0034]), the first metallic layer is bound completely in intermetallic mixed phases and/or oxidically ([0034]).
Regarding claim 5, Schroeder in view of Huelsewede do not explicitly disclose the yield point of the intermetallic layer under shearing load is at least five times that of the first metallic layer. However, Schroeder discloses solid state diffusion bonding the metallic layers ([0082]). An advantage is to provide a higher bonding strength to absorb high shearing and peeling forces ([0031]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Schroeder in view of Huelsewede with the yield point of the intermetallic layer under shearing load is at least five times that of the first metallic layer since Schroeder discloses solid state diffusion bonding the metallic layers in order provide a higher bonding strength to absorb high shearing and peeling forces and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 6, Schroeder further discloses a fourth metal layer is disposed under the first metallic layer ([0094]).
Regarding claim 7, Schroeder further discloses the first metallic layer contains an amount of soft metals consisting of lead, cadmium, indium or tin ([0053]), the second metal layer contains gold ([0081]), and a fourth metal layer contains gold ([0094]). Schroeder in view of Huelsewede do not explicitly disclose the first metallic layer per unit area contains a lower amount of the soft metals than four times an amount of gold contained in total per unit area in the second and the fourth metal layer. However, Huelsewede discloses optimizing the amount of metals per unit area ([0024]). As is known in the art, considerations for optimizing the thickness of the metallic layers include the costs of the material versus the desired properties of the layers. Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Schroeder in view of Huelsewede with the first metallic layer per unit area contains a lower amount of the soft metals than four times an amount of gold contained in total per unit area in the second and the fourth metal layer, since Huelsewede discloses optimizing the amount of metals per unit area in order to balance cost versus desired properties as is known in the art and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 8, Schroeder further discloses a diffusion barrier layer is disposed under the second metal layer and/or under the fourth metal layer and the metals of the first layer in step i) are bound partly to the metals of the diffusion barrier layer ([0094]).
Regarding claim 9, Schroeder further discloses the first metallic layer is produced in step d) from pure lead, pure indium or pure tin ([0053]). Huelsewede further discloses the connection of the first contact face to the first connection face is free from plastically deformable pure metals Pb, Cd, In and Sn ([0034]).
Regarding claim 10, Schroeder further discloses the semiconductor chip takes the form of a laser bar ([0011]).
Regarding claim 11, Huelsewede further discloses producing a third metallic layer having a nubbed structure on the second connection face or on the second contact face (Fig. 5 element 19).
Regarding claim 12, Schroeder discloses a diode laser (Title) comprising at least one edge-emitting laser bar which comprises one or more emitters (Fig. 1a element 10; [0081]), having a first contact face, which takes the form of a p-type contact (Fig. 1a elements 11/12 implicitly disclose a p-type contact), and a second contact face , which takes the form of an n-type contact (Fig. 1a elements 12/11 implicitly disclose an n-type contact), a heat-conducting body having a first connection face (Fig. 1a elements 20/30), a cover having a second connection face (Fig. 1a element 30/20), where the laser bar is disposed between the heat-conducting body and the cover where the cover is connected mechanically to the heat-conducting body (Fig. 1b elements 10, 20, and 30), and the first contact face is areally connected thermally and electrically to the first connection face via an intermetallic layer ([0082]), and the second contact face is connected electrically to the second connection face ([0082]), where the intermetallic layer comprises gold (Au) and at least one further metal (ME) from the group lead, cadmium, indium and tin, and the intermetallic layer consists predominantly of one or more mixed phases AuME.sub.3, AuME.sub.2 and/or phases with higher gold fraction ([0082]). While the Office believes the method of Schroeder would naturally result in “an intermetallic layer… where the intermetallic layer comprises gold (Au) and at least one further metal (ME) from the group lead, cadmium, indium and tin, and the intermetallic layer consists predominantly of one or more mixed phases AuME.sub.3, AuME.sub.2 and/or phases with higher gold fraction”, Schroeder does not explicitly state “an intermetallic layer… where the intermetallic layer comprises gold (Au) and at least one further metal (ME) from the group lead, cadmium, indium and tin, and the intermetallic layer consists predominantly of one or more mixed phases AuME.sub.3, AuME.sub.2 and/or phases with higher gold fraction”. However, Huelsewede discloses the first metallic layer is bound predominantly in intermetallic mixed phases ([0034]) where the intermetallic layer comprises gold (Au) and at least one further metal (ME) from the group lead, cadmium, indium and tin, and the intermetallic layer consists predominantly of one or more mixed phases AuME.sub.3, AuME.sub.2 and/or phases with higher gold fraction ([0034]). An advantage is to make a very hard connection that cannot be further plastically deformed ([0034]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Schroeder with an intermetallic layer… where the intermetallic layer comprises gold (Au) and at least one further metal (ME) from the group lead, cadmium, indium and tin, and the intermetallic layer consists predominantly of one or more mixed phases AuME.sub.3, AuME.sub.2 and/or phases with higher gold fraction as disclosed by Huelsewede in order to make a very hard connection that cannot be further plastically deformed.
Regarding claim 13, Schroeder further discloses the cover is provided so as to contribute to the diversion of heat from the second contact face and/or the cover is connected thermally and mechanically to the heat-conducting body by means of an electric insulating joining agent ([0079] discloses “the cover is provided so as to contribute to the diversion of heat from the second contact face”; The Office notes that the broadest reasonable interpretation of “and/or” is “or” and “the cover is connected thermally and mechanically to the heat-conducting body by means of an electric insulating joining agent” is not req uired).
Regarding claim 14, Huelsewede further discloses the connection of the first contact face to the first connection face is free from plastically deformable pure metals Pb, Cd, In and Sn ([0034]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References cited. See, e.g., US20060081995 [0015] discussing intermetallic mixed phases for bonding.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA KING whose telephone number is (571)270-1441. The examiner can normally be reached Monday to Friday 10am-5pm MT.
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/Joshua King/Primary Examiner, Art Unit 2828 03/21/2026