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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-16) in the reply filed on July 28, 2026 is acknowledged.
The arguments presented on the species restriction of Group I are persuasive. Therefore, claims 1-16 are examined herewith.
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 and 3-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of copending Application No. 18/121,264 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because a species claim anticipates a generic claim; therefore, the claims of the copending application anticipate the examined claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims being examined
Copending application claims
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Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 3-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al. (2011/0147059).
Re claim 1, Ma et al. disclose (Fig. 1F) a first layer of glass (157a) having a first side and a second side opposite the first side; a second layer of glass (157b) having a first side and a second side opposite the first side, wherein the second side of the first layer of glass is physically coupled with the first side of the second layer of glass ([0034]); a first opening (165) in the first layer of glass (157a) that extends from the second side of the first layer of glass to the first side of the first layer of glass, wherein the first opening includes a first conductive material (160) ([0035]); a second opening (165) in the second layer of glass (157b) that extends from the first side of the second layer of glass to the second side of the second layer of glass (157b), wherein the second opening includes a second conductive material ([0035]); and wherein the first conductive material and the second conductive material are directly conductively coupled with each other ([0035]~ Fig. 1F).
Re claim 3, Ma et al. disclose wherein the first cross-section or the second cross-section is an irregular shape (shown in Fig. 1F).
Re claim 4, Ma et al. disclose wherein the first conductive material or the second conductive material includes a selected one or more of: copper (Cu), aluminum (Al), or gold (Au) ([0036]).
Re claim 5, Ma et al. disclose wherein the first conductive material fills the first opening and the second conductive material fills the second opening ([0035]).
Re claim 6, Ma et a. disclose further comprising a material (158a) in the first opening, wherein the first material is at least partially surrounded by the first conductive material ([0040]).
Re claim 7, Ma et al. disclose wherein the material is a polymeric material ([0041]).
Re claim 8, Ma et al. disclose wherein the first conductive material and the second conductive material are direct bonded to each other (Fig. 1F).
Re claim 9, Ma et al. disclose wherein the first layer of glass is direct bonded to the second layer of glass ([0041]~ “glass core 150 may be formed without adhesives”).
Claim(s) 1, 2 ,10, 11 and 13-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Furutani et al. (2024/0203891).
Re claim 1, Furutani et al. disclose (Fig. 1) a first layer of glass (21~ layer of glass 21 over layer 30) having a first side and a second side opposite the first side; a second layer of glass (211~ glass layer 211 directly under the first glass layer) having a first side and a second side opposite the first side, wherein the second side of the first layer of glass is physically coupled with the first side of the second layer of glass; a first opening (leftmost opening having conductive layer 23) in the first layer of glass that extends from the second side of the first layer of glass to the first side of the first layer of glass, wherein the first opening includes a first conductive material (23); a second opening (leftmost opening containing conductive layer 33 in glass layer 211 below glass layer 21) in the second layer of glass that extends from the first side of the second layer of glass to the second side of the second layer of glass, wherein the second opening includes a second conductive material (33); and wherein the first conductive material (23) and the second conductive material (33) are directly conductively coupled with each other (conductive layers 23 and 33 are directly conductively coupled).
Re claim 2, Furutani et al. disclose wherein a portion of a first cross-section of the first opening at the second side of the first layer of glass (21) is offset from a second cross- section of the second opening at the first side of the second layer of glass (211) (See Fig. 1~ glass 21 with opening and conductive 23 offset from glass 211 with opening and conductive layer 33).
Re claim 10, Furutani et al. disclose an electrical component (E1/E12); a package (10) coupled with the electrical component (E1/E2), the package comprising:
Furutani et al. disclose (Fig. 1) a first layer of glass (21~ layer of glass 21 over layer 30) having a first side and a second side opposite the first side; a second layer of glass (211~ glass layer 211 directly under the first glass layer) having a first side and a second side opposite the first side, wherein the second side of the first layer of glass is physically coupled with the first side of the second layer of glass; a first via (leftmost opening having conductive layer 23) that includes an electrically conductive material (23), wherein the first via extends from the second side of the first layer of glass to the first side of the first layer of glass; a second via (leftmost opening containing conductive layer 33 in glass layer 211 below glass layer 21) that includes the electrically conductive material (23), wherein the second via extends from the first side of the second layer of glass to the second side of the second layer of glass, wherein the first via and the second via are conductively coupled with each other (Fig 1) wherein a portion of a first cross-section of the first via at the second side of the first layer of glass (21) is offset from a second cross- section of the second via at the first side of the second layer of glass (211) (See Fig. 1~ glass 21 with via and conductive 23 offset from glass 211 with via and conductive layer 33).
Re claim 11, Furutani et al. disclose wherein the electrically conductive material includes a selected one or more of copper or aluminum ([0055]).
Re claim 13, Furutani et al. disclose wherein the first via and the second via are directly bonded to each other (Fig. 1).
Re claim 14, Furutani et al. disclose further comprising: a third layer of glass (third glass directly the first glass 21) above having a first side and a second side opposite the first side, wherein the third layer of glass includes a third via filled with the electrically conductive material (21), wherein the third via extends from the first side of the third layer of glass to the second side of the third layer of glass; wherein the first side of the third layer of glass is directly coupled with the second side of the second layer of glass (Fig. 1); and wherein the third via is directly conductively coupled with the second via (See Fig. 1 showing coupling).
Re claim 15, Furutani et al. disclose wherein the first layer of glass is direct bonded to the second layer of glass, and wherein the second layer of glass is direct bonded to the third layer of glass (Fig. 1 shows direct bonding).
Re claim 16, Furutani et al. disclose wherein the first via is direct bonded to the second via, and wherein the second via is direct bonded to the third via (Fig. 1 shows the direct bonding).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Furutani et al. as applied to claims 1, 2 ,10, 11 and 13-16 above, and further in view of Ma et al. (2011/0147059).
Furutani et al. does not clearly disclose further comprising a material in the first via, wherein the material is at least partially surrounded by the electrically conductive material, and wherein the material is a polymeric material.
Ma et a. disclose further comprising a material (158a) in the first via, wherein the first material is at least partially surrounded by the first conductive material ([0040]), wherein the material is a polymeric material ([0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Furutani et al. and Ma et al. to include a material in the first via and is at least partially surrounded by the first conductive material as taught by Ma et al. into Furutani et al. to provide adhesion between the glass layers depending upon the desired mechanical and electrical characteristics of the substrate ([0040]~ Ma et al.).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 11,780,210 B2, US 2024/0312888 A1 disclose a similar configuration with a package comprising glass layers and conductive materials.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE MANDALA whose telephone number is (571)272-1858. The examiner can normally be reached 8:00-5:00 PM.
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/MICHELLE MANDALA/Primary Examiner, Art Unit 2893 August 27, 2026
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