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 .
Claim Rejections - 35 USC § 103
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.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shearer et al. (US 2016/0368103) (Shearer) further taken in view of evidence by Ng et al. (US 2023/0027669) (Ng).
In reference to claims 1 and 2, Shearer teaches a metal composition including low melting point (LMP) particle composition comprising a metal element Y and high melting point (HMP) particle composition comprising metallic element M ([0024]). The composition is a high temperature solder/transient liquid phase sintering composition (Methods of making high temperature solder/TLPS compositions) (corresponding to a solder material).
The HMP metal is incorporated in the composition in a bimodal particle size distribution (i.e., small and large particles containing the HMP metal), wherein the two sizes are the same HMP metal ([0094]) (corresponding to a first amount of particles having particle sizes forming a first size distribution; a second amount of particles having particle sizes forming a second size distribution, wherein the particle sizes of the second size distribution are larger than the particle sizes of the first distribution). The smaller particles of the HMP metal serve as the HMP metal M TLPS reagent that reacts with Y, while the larger particles of HMP metal are too large to be effectively converted to intermetallic species. Therefore, larger particle size of HMP metal that function as metal additives A ([0094]).
The LMP metal Y includes Sn, Bi, Zn, In, Ga and Sb ([0089]) (corresponding to a solder base material; the solder base material comprises a second metal of a second group, the second group of metals comprising: tin; indium; zinc; gallium; germanium; antimony; and bismuth). The HMP metal M includes Cu, Ag, Pd, Au, Al, Co, Fe and Pt ([0088]) (corresponding to the first amount of particles and the second amount of particles consists of or essentially consists of a first metal of a first group of metals, the first group of metals comprising: copper; silver; gold; palladium; platinum; iron; cobalt; and aluminum).
Given that Shearer teaches the metal of the smaller particles of the HMP, the larger particles of the HMP metal and the metal of LMP particles overlapping with the presently claimed first metal and second metal, including the smaller and larger particles of the HMP metal being the same metal and selected from metals including Cu, Ag, Pd, Au, Co, Fe and Pt and the LMP metal selected from metals including Sn, Bi, Zn, Ga, In and Sb, it therefore would be obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention, to use Cu, Ag, Pd, Au, Co, Fe or Pt as the metal of the HMP metal and Sn, Bi, Zn, Ga, In or Sb as the metal of LMP metal, which is both disclosed by Shearer and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Shearer further teaches the average particle size of LMP metal Y is 15-50 microns and the HMP metal M is about 0.05 to about 0.5 times the average particle size of LMP metal Y (i.e., 0.75-25 microns) ([0098]-[0099]). The metal additive A is about the same size as the LMP metal Y (i.e., 15-50 microns) ([0100]) (corresponding to a median particle size of the second size distribution is at least twice as large as a median particle size of the first particle size distribution). Figure 4 shows the LMP metal Y forms a continuous matrix around metal additive A particles. As evidence by Ng, a solder paste forms a solder matrix made of a solderable material (i.e., tin) and intermetallic phase promoter copper particles, wherein the intermetallic particles have a diameter in a range of from 5 µm to 50 µm dispersed in the solder matrix ([0033]; [0035]; [0045]; [0047]; [0049]; [0079]; [0106]). Thus, it is clear the HMP copper particles having a particle diameter in the range of 5 to 25 microns will not be fully melted during processing and the processed composition will include a continuous matrix of LMP metal Y and metal additive A particles and HMP metal M particles (corresponding to a solder base material that forms a continuous matrix in which the first amount of particles and the second amount of particles are distributed).
In reference to claim 3, Shearer teaches the limitations of claim 1, as discussed above. Shearer teaches the HMP particles have a bimodal particle distribution including smaller particles serving as the HMP particles comprising metal M that reacts with metal Y and larger particles functioning as metal additive A ([0094]) (corresponding to the first size distribution is separated from the second size distribution).
In reference to claim 4, Shearer teaches the limitations of claim 1, as discussed above. Shearer further teaches formulation 200 and 300 are compositions including large Cu particles having an average particle size of 20 microns, small Cu particles having an average particle size of 2 microns and SAC 305 alloy (i.e., Sn96.5/Ag3.0/Cu0.5) (Tables 5 & 6). Thus, it is clear that the sum of the large Cu particles and small Cu particles is less than a total amount of Cu in the composition (corresponding to a sum of the first amount of particles and the second amount of particles is a total amount of the first metal or less).
In reference to claims 5 and 6, Shearer teaches the limitations of claim 1, as discussed above. Shearer further teaches the formulation 200 of the composition includes 26.58% Cu particles having a particle size of 2 microns (i.e., first amount of particles), 31.81% Cu particles having a particle size of 20 microns (i.e., second amount of particles) and 36.67% SAC 305 alloy (i.e., 0.005*36.67 = 0.18335% Cu). Therefore, the small Cu particles are 45% of a total amount of Cu in the composition and the larger Cu particles are 54% of a total amount of Cu (i.e., (26.58/(26.58+31.81+0.18335))*100 = 45.38; (31.81/58.57)*100 = 54.31%) (corresponding to the first amount of particles is between 5 at% and 60 at% of a total amount of the first metal; the second amount of particles is between 10 at% and 95 at% of a total amount of the first metal).
While Shearer does not explicitly disclose the first amount of particles and second particles in at%, however, given that Shearer broadly disclose having 45 wt % of first particles and 54 wt% of second particles, it is clear that it would necessarily include the presently claimed (i.e., 5 at% to 60 at% of first particles and 10 at% to 95 at% second particles).
As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Alternatively, Shearer teaches the composition includes 25 wt% to 65 wt% of the HMP particle composition comprising at least one metallic element M and between 0 wt% and 40 wt% of the metal particle additive A ([0111]; [0113]). The LMP metal Y is Sn and M and A are Cu (Table 1, #1). Thus, it is clear the metal M is 38 to 100 wt% of a total amount of Cu and additive A is 0 to 62 wt% of the total amount of Cu (i.e., 25/25 = 100; 25/(25+40)*100 = 38.46%; 0/25 = 0; (40/65)*100 = 61.54%).
While Shearer does not explicitly disclose the first amount of particles and the second amount of particles in at%, however, given that Shearer broadly disclose having 25 wt % to 65 wt% of the first amount of particles and 0 wt% to 40 wt% of the second amount of particles, it is clear that it would necessarily include the presently claimed (i.e., 5 at% to 60 at% of first particles and 10 at% to 95 at% second particles).
As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
In reference to claim 7, Shearer teaches the limitations of claim 1, as discussed above. Shearer teaches the composition includes 25-65 wt% HMP metal M, 30-70 wt% LMP metal Y, 0-40 metal additive A and 1-15 wt% an organic vehicle (Table 1). The HMP metal M and metal additive are the same metal ([0094]; Table 1, #1, 3, 5). Thus, it is clear the amount of metal M is about 26-69 wt% of the composition (i.e., 100-(30+1) = 69) (corresponding to the first metal amounts to about 35 at% to about 90 at% of the solder material).
While Shearer does not explicitly disclose the first metal in at%, however, given that Shearer broadly disclose having 26 wt % to 69 wt% of the first metal, it is clear that it would necessarily include the presently claimed (i.e., about 35 at% to about 90 at%).
As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
In reference to claim 8, Shearer teaches the limitations of claim 1, as discussed above. Shearer further teaches the components of the composition are mixed together to form a printable paste ([0073]) (corresponding to the solder material is configured as a solder paste).
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Shearer in view of Fujikawa et al. (JP H06-142975) (Fujikawa).
The examiner has provided a machine translation of JP H06-142975 with the Office Action mailed 06/15/2026. The citation of prior art in the rejection refers to the provided machine translation.
In reference to claim 42, Shearer teaches a metal composition including a mixture of low melting point (LMP) particle composition comprising a metal element Y and high melting point (HMP) particle composition comprising metallic element M ([0024]). The composition is a high temperature solder/transient liquid phase sintering composition (Methods of making high temperature solder/TLPS compositions) (corresponding to a solder material).
The HMP metal is incorporated in the composition in a bimodal particle size distribution (i.e., small and large particles containing the HMP metal), wherein the two sizes are the same HMP metal ([0094]) (corresponding to a first amount of particles having particle sizes forming a first size distribution; a second amount of particles having particle sizes forming a second size distribution, wherein the particle sizes of the second size distribution are larger than the particle sizes of the first distribution). The smaller particles of the HMP metal serve as the HMP metal M TLPS reagent that reacts with Y, while the larger particles of HMP metal are too large to be effectively converted to intermetallic species. Therefore, larger particle size of HMP metal that function as metal additives A ([0094]).
The LMP metal Y includes Sn, Bi, Zn, In, Ga and Sb ([0089]) (corresponding to a solder base material; the solder base material comprises a second metal of a second group, the second group of metals comprising: tin; indium; zinc; gallium; germanium; antimony; and bismuth). The HMP metal M includes Cu, Ag, Pd, Au, Al, Co, Fe and Pt ([0088]) (corresponding to the first amount of particles and the second amount of particles consists of or essentially consists of a first metal of a first group of metals, the first group of metals comprising: copper; silver; gold; palladium; platinum; iron; cobalt; and aluminum). The LMP metal and HMP metal and metal additive are mixed to form the composition ([0073]; Figure 3) (corresponding to a solder base material in which the first amount of particles and the second amount of particles are distributed).
Given that Shearer teaches the metal of the smaller particles of the HMP, the larger particles of the HMP metal and the metal of LMP particles overlapping with the presently claimed first metal and second metal, including the smaller and larger particles of the HMP metal being the same metal and selected from metals including Cu, Ag, Pd, Au, Co, Fe and Pt and the LMP metal selected from metals including Sn, Bi, Zn, Ga, In and Sb, it therefore would be obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention, to use Cu, Ag, Pd, Au, Co, Fe or Pt as the metal of the HMP metal and Sn, Bi, Zn, Ga, In or Sb as the metal of LMP metal, which is both disclosed by Shearer and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Shearer further teaches the average particle size of LMP metal Y is 15-50 microns and the HMP metal M is about 0.05 to about 0.5 times the average particle size of LMP metal Y (i.e., 0.75-25 microns) ([0098]-[0099]). The metal additive A is about the same size as the LMP metal Y (i.e., 15-50 microns) ([0100]).
Shearer does not explicitly teach a difference between a median size of the particles of the metal additive A and a median size of the particles of the HMP metal M is larger than half of a sum of a full width of the first size distribution and a fill width of the second size distribution, as presently claimed.
Fujikawa teaches a solder paster containing solder particles ([0001]). The solder paste includes two peaks in a particle size distribution of its solder particles (i.e., bimodal particles) ([0029]). The particle side of approximately 30 µm to 50 µm is mixed with particles having a size ranging from 1 µm or more to less than 30 µm ([0029]). Thus, a sum of a full width of the first size distribution and a fill width of the second size distribution is 50 µm (i.e., 20+30 = 50).
Fujikawa further teaches the fine particles, ranging from 1 to 30 µm, fill the gaps between larger particles, ranging from 30 to 50 µm, increases the packing efficiency in the solder paste allowing for precise control of the solder thickness after melting ([0029]). Fig. 10 shows the median size of the larger particles is about 40 µm and the median side of the smaller particles is about 10 µm. Therefore, it is clear a difference between 40 µm and 10 µm is larger than half the sum of a full width of the first size distribution and a fill width of the second size distribution (i.e., 30 µm > 25 µm).
In light of the motivation of Fujikawa, it would have been obvious to one of ordinary skill in the art to have the bimodal particles of the HPM metal M include larger particles, ranging from 30 to 50 µm, and fine particles, ranging from 1 to 30 µm, with the larger particles having an average particle size of about 40 µm and the smaller particles having an average particle size of about 10 µm, in order to increase packing efficiency and allow for precise control of the compositions thickness after melting, and thereby arriving at the presently claimed invention.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Shearer in view of Hirano et al. (US 2008/0237301) (Hirano).
In reference to claim 43, Shearer teaches a metal composition including a mixture of low melting point (LMP) particle composition comprising a metal element Y and high melting point (HMP) particle composition comprising metallic element M ([0024]). The composition is a high temperature solder/transient liquid phase sintering composition (Methods of making high temperature solder/TLPS compositions) (corresponding to a solder material).
The HMP metal is incorporated in the composition in a bimodal particle size distribution (i.e., small and large particles containing the HMP metal), wherein the two sizes are the same HMP metal ([0094]) (corresponding to a first amount of particles having particle sizes forming a first size distribution; a second amount of particles having particle sizes forming a second size distribution, wherein the particle sizes of the second size distribution are larger than the particle sizes of the first distribution). The smaller particles of the HMP metal serve as the HMP metal M TLPS reagent that reacts with Y, while the larger particles of HMP metal are too large to be effectively converted to intermetallic species. Therefore, larger particle size of HMP metal that function as metal additives A ([0094]).
The LMP metal Y includes Sn, Bi, Zn, In, Ga and Sb ([0089]) (corresponding to a solder base material; the solder base material comprises a second metal of a second group, the second group of metals comprising: tin; indium; zinc; gallium; germanium; antimony; and bismuth). The HMP metal M includes Cu, Ag, Pd, Au, Al, Co, Fe and Pt ([0088]) (corresponding to the first amount of particles and the second amount of particles consists of or essentially consists of a first metal of a first group of metals, the first group of metals comprising: copper; silver; gold; palladium; platinum; iron; cobalt; and aluminum). The LMP metal and HMP metal and metal additive are mixed to form the composition ([0073]; Figure 3) (corresponding to a solder base material in which the first amount of particles and the second amount of particles are distributed).
Given that Shearer teaches the metal of the smaller particles of the HMP, the larger particles of the HMP metal and the metal of LMP particles overlapping with the presently claimed first metal and second metal, including the smaller and larger particles of the HMP metal being the same metal and selected from metals including Cu, Ag, Pd, Au, Co, Fe and Pt and the LMP metal selected from metals including Sn, Bi, Zn, Ga, In and Sb, it therefore would be obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention, to use Cu, Ag, Pd, Au, Co, Fe or Pt as the metal of the HMP metal and Sn, Bi, Zn, Ga, In or Sb as the metal of LMP metal, which is both disclosed by Shearer and encompassed within the scope of the present claims and thereby arrive at the claimed invention.
Shearer does not explicitly teach the composition is configured as a solder wire, a compacted solder powder or a solder preform, as presently claimed. However, Shearer teaches the TLPS composition is shaped as desired prior to processing and may be applied to electrical structures by extrusion or casting methods ([0116]; [0120]-[0121]).
Hirano taches a solder preform having high melting point metal particle uniformly dispersed therein ([0002]). Hirano further teaches in order to solder electronic parts requiring high reliability, solder preforms which enable soldering without employing flux are used. A solder preform is solder which is previously formed (preformed) into a shape such as a pellet or a washer suited to the portion to be soldered. In a reflow method using a solder preform, the solder preform is placed on a portion to be soldered of an electronic part, and then the part is heated in a reducing atmosphere such as hydrogen gas to perform soldering. If an electronic part having a solder preform placed thereon is heated in a hydrogen atmosphere, the hydrogen acts to reduce and remove oxides adhering to the surface of the portion to be soldered of the part and the surface of the solder preform, thereby allowing the molten solder to wet the surface of the portion to be soldered ([0006]).
In light of the motivation of Hirano, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the composition of Shearer be formed on the electrical structures as a perform, in order to provide high reliability and a joint not having voids (Hirano, [0108]), and thereby arriving at the presently claimed invention.
Response to Arguments
In response to the amended Specification filed 08/31/2026, the previous Specification Objections are withdrawn from record.
In response to amended claim 2, the previous Claim Objections of record are withdrawn.
In response to amended claims 1 and 42, the previous 35 USC 112(b) rejections of record are withdrawn.
Applicant primarily argues:
“That is, the processed distribution illustrated in cited FIG. 4 of Shearer does not include the pre-processed bimodal distribution of HMP particles, but rather only the large HMP particles (i.e., only the alleged second particle size distribution) distributed in an intermetallic matrix formed by melting the LMP particles in the presence of the small HMP particles. Thus, contrary to the Office's conclusion, the distribution in Shearer's FIG. 4 does not include a continuous matrix-like solder base material in which the first amount of particles and the second amount of particles are distributed and thus fails to meet the limitations of claim 1. The rejection of claim 1 is therefore in clear error.”
Remark, p. 12
The examiner respectfully traverses as follows:
While Shearer discloses the smaller particles of HMP metal serve as the HMP metal M TLPS reagent that reacts with Y and the larger particles of HMP metal are too large to be effectively converted o intermetallic species at [0049]. Shearer does not require all of the smaller particles to react completely with the LMP particles. Even if Fig. 4 shows after processing residual metal additive A remains in the reaction products of Y and M mixed with the byproducts from alloying constituents in the HMP and LMP alloys ([0036]), proportions of feature in a drawing are not evidence of actual proportions when drawings are not to scale. Further, it is noted that a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S.975 (1989). MPEP 2123 I.
As set forth in the rejection above, Shearer teaches the HMP metal is about 0.05 to about 0.5 times the average particle size of the LMP metal Y (i.e., about 0.75 to about 25 microns) and the metal additive is about the same size as the LMP metal Y (i.e., 15-50 microns). Therefore, it is clear the large particles have an average particle size of 15-50 microns and the smaller particles will have an average particle size of about 0.75 to about 25 microns. As evidence by Ng high melting point particles having a diameter of 5 µm to 50 µm are disposed in a solder matrix. Thus, when the particle size distribution of the smaller particles includes particles with an average particle size of about 0.75 to about 25 microns, which is disclosed by Shearer, only particles of 0.75 to less than 5 µm will melt serving as the HMP metal M TLPS reagent that reacts with Y, while the particles having a size of 5 µm to 25 µm will remain un-melted.
Applicant further argues:
“It would therefore not be obvious to modify Shearer's TLPS paste to include the particle size distribution that Fujikawa teaches, as the particle size distributions in Fujikawa's solder paste and Shearer's TLPS paste are clearly based on different optimization considerations, processing mechanisms, and resultant structures. Specifically, the processing of Shearer's TLPS paste does not include fully melting all particles and therefore has different requirements for packing efficiency and volume change, while Fujikawa's particle size distribution is not based on the consideration of only partially melting the larger particles of the bimodal distribution. The rejection of claim 42 is therefore in clear error.”
Remarks, p. 13
The examiner respectfully traverses as follows:
Even if the solder paste of Fujikawa are meant to be fully melted upon processing, the fact remains the particle size distribution allows for the thickness of a solder paste to be controlled given that the small particles fill gaps between the larger particles, resulting in a smaller interparticle porosity of the particles in the solder paste. The inter-particle voids of the solder particles in the solder paste decreases and the volume change rate before and after melting is lowered, by which the solder thickness is controlled (Fujikawa, Abstract). Therefore, it is clear an increased packing efficiency leads to a decrease in change in volume before and after melting regardless of all the particles are melted. Absent evidence to the contrary, it is the examiner's position that increased pack efficiency and decreased change in volume before and after processing would be desired features in the structure of Shearer.
Therefore, Applicant's arguments filed 08/31/2026 have been fully considered but they are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary I Omori whose telephone number is (571) 270-1203. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571) 272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY I OMORI/Primary Examiner, Art Unit 1784
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