Prosecution Insights
Last updated: April 19, 2026
Application No. 18/179,744

OPTICAL SENSOR PACKAGE

Final Rejection §102§103§112
Filed
Mar 07, 2023
Examiner
INOUSSA, MOULOUCOULAY
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Components Industries LLC
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
93%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
645 granted / 752 resolved
+17.8% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
36 currently pending
Career history
788
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
38.3%
-1.7% vs TC avg
§102
41.4%
+1.4% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 752 resolved cases

Office Action

§102 §103 §112
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 § 112 The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1 and 21 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. For instance, the specification of present Invention does not disclose “at least the first film is a photo-patternable adhesive film” and “the first adhesive film is a film configured for photolithographic patterning” as claimed in claims 1 and 21 respectively. Therefore, the claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 2-5, 7-11, 22-30 are also rejected under 112(a) as being dependent to the rejected base claims 1, 21. 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. Claims 27-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo (US 2022/0123035 A1). With respect to claim 27, Seo discloses, in Figs.1-21, an apparatus, comprising: an optical sensor die (CS) coupled to an upper surface of a substrate (100) (see Par.[0020] wherein a semiconductor chip structure CS is provided on the substrate 100; the semiconductor chip structure CS includes first semiconductor chips 200, a redistribution layer 400, and an image sensor part 500; see Par.[0025] wherein the second semiconductor chip 510 includes a logic chip in which light detected by the image sensor chip 520 is converted into an electrical signal); a first photosensitive adhesive layer (AP1) patterned on the optical sensor die (CS); a second photosensitive adhesive layer (AP2) patterned on the first photosensitive adhesive layer (AP1) (see Par.[0034] wherein the first adhesive segment AP1 includes a photo-curable polymer; for example, the first adhesive segment AP1 includes a UV-curable epoxy; the first adhesive segment AP1 may include a transparent or opaque material; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable polymer; for example, the second adhesive segment AP2 includes a thermo-curable epoxy); and a transparent lid (700) bonded to the second photosensitive adhesive layer (AP2), the first photosensitive adhesive layer (AP1) and the second photosensitive adhesive layer (AP2) defining a gap between the transparent lid (700) and the optical sensor die (CS) (see Par.[0031]-[0032] wherein a transparent substrate 700 is provided on the semiconductor chip structure CS). Moreover, regarding the limitation “the first adhesive film is a film configured for photolithographic patterning”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Seo. Rather, this limitation refers to the process by which adhesive is to be disposed. Therefore, this is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 28, Seo discloses, in Figs.1-21, the apparatus, wherein the first photosensitive adhesive layer (AP1) and the second photosensitive adhesive layer (AP2) differ in height (see Fig.16). With respect to claim 29, Seo discloses, in Figs. 1-21, the apparatus, wherein the first photosensitive adhesive layer (AP1) and the second photosensitive adhesive layer (AP2) differ in width (see Fig.16). Claims 27-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuse et al. (US 2012/0313203 A1 hereinafter referred to as “Fuse”). With respect to claim 27, Fuse discloses, in Figs.1A-8, an apparatus, comprising: an optical sensor die (20) coupled to an upper surface of a substrate (10) (see Par.[0025] wherein the imaging element 20 is fixed to the first surface 11A of the substrate 11 in a state in which its light reception surface (upper surface 20A) faces an upward direction; for example, a CMOS image sensor or a CCD image sensor may be used as the imaging element 20; the imaging element 20 dispose on the wiring board 10); a first photosensitive adhesive layer (23, 30) patterned on the optical sensor die (20); a second photosensitive adhesive layer (40) patterned on the first photosensitive adhesive layer (23, 30) (see Par.[0026] wherein it is preferable that the enclosing frame 30 be made of a material having a heat resistance of approximately 250.degree. C. to 270.degree. C; for example, the material of the enclosing frame 30 may be a resin such as polycarbonate (PC) or polyphenylene sulfide (PPS); further, a thermosetting adhesive agent is used as the adhesive agent 23; an epoxy or urethane adhesive agent may be used as the thermosetting adhesive agent; see Par.[0031] wherein the adhesive agent 40 may be applied between the upright portion 33 and the entire periphery of the cap 50; a thermosetting and ultraviolet (UV) curing adhesive agent may be used as the adhesive agent 40; an epoxy or acrylic adhesive agent may be used as such a thermosetting and UV curing adhesive agent (i.e.; photosensitive or photo-responsive material that absorbs UV light energy to undergo a change in its physical or chemical properties)); and a transparent lid (50) bonded to the second photosensitive adhesive layer (40), the first photosensitive adhesive layer (23, 30) and the second photosensitive adhesive layer (40) defining a gap between the transparent lid (50) and the optical sensor die (20) (see Par.[0032] wherein the cap 50 is fixed to the enclosing frame 30, the cap 50 seals a void S1, which is formed by the imaging element 20, the enclosing frame 30, and the cap 50; the cap 50 also functions as an infrared (IR) cut filter that blocks the transmission of non-visible light, or IR light, while passing the visible light). Moreover, regarding the limitation “the first adhesive film is a film configured for photolithographic patterning”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Fuse. Rather, this limitation refers to the process by which adhesive is to be disposed. Therefore, this is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 28, Fuse discloses, in Figs.1A-8, the apparatus, wherein the first photosensitive adhesive layer (23, 30) and the second photosensitive adhesive layer (40) differ in height (see Fig.1A, Par.[0028] wherein the basal portion 31 has, for example, a height H1 of 300 .mu.m and a width W1 of 500 .mu.m; a height H2 of 200 .mu.m and a width W2 of 600 .mu.m; see Par.[0029] wherein the recess 32X is set to have, for example, a width W3 of 100 .mu.m and a depth H3 of 100 .mu.m; see Par.[0030] wherein the upright portion 33 is set to have, for example, a height H4 of 400 .mu.m and a width W4 of 100 .mu.m). With respect to claim 29, Fuse discloses, in Figs.1A-8, the apparatus, wherein the first photosensitive adhesive layer (23, 30) has a lateral width that is greater than a lateral width of and the second photosensitive adhesive layer (40) (see Fig.1A, Par.[0028] wherein the basal portion 31 has, for example, a height H1 of 300 .mu.m and a width W1 of 500 .mu.m; a height H2 of 200 .mu.m and a width W2 of 600 .mu.m; see Par.[0029] wherein the recess 32X is set to have, for example, a width W3 of 100 .mu.m and a depth H3 of 100 .mu.m; see Par.[0030] wherein the upright portion 33 is set to have, for example, a height H4 of 400 .mu.m and a width W4 of 100 .mu.m). 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. Claims 1-5, 7, 10-11, 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Seo in view of Liu et al. (US 2021/0305437 A1 hereinafter referred to as “Liu”). With respect to claim 1, Seo discloses, in Figs. 1-21, an apparatus, comprising: a substrate (100) (see Par.[0019]-[0020] wherein the substrate 100 includes a printed circuit board (PCB)); an optical sensor die (CS) coupled to an upper surface of the substrate (100) (see Par.[0020] wherein a semiconductor chip structure CS is provided on the substrate 100; the semiconductor chip structure CS includes first semiconductor chips 200, a redistribution layer 400, and an image sensor part 500); a multi- layer epoxy dam (AP1, AP2) bonded to the optical sensor die (CS) (see Par.[0034] wherein the first adhesive segment AP1 includes a UV-curable epoxy; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable epoxy), the multi-layer epoxy dam (AP1, AP2) including a first film (AP1) bonded to the optical sensor die (CS) and a second film (AP2) disposed on the first film (AP1); a transparent lid (700) coupled to the multi-layer epoxy dam (AP1, AP2) (see Par.[0031]-[0032] wherein a transparent substrate 700 is provided on the semiconductor chip structure CS); a wire (600) bond providing an electrical connection between the optical sensor die (CS) and circuit elements in the substrate (100) (see Par.[0029] wherein the connection pad 550 is coupled through a connection wire 600 to the substrate pad 120); and an encapsulant (800) disposed around at least a portion/(lower surface of lid) of the transparent lid (700), the multi-layer epoxy dam (AP1, AP2), the optical sensor die (CS), and the wire bond (600) (see Par.[0038] wherein the protective part 800 includes a dielectric material, such as an epoxy molding compound). Moreover, regarding the limitation “at least the first film is a photo-patternable adhesive film”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Seo. Rather, this limitation refers to the process by which adhesive is to be disposed. Therefore, this is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. However, Seo does not explicitly disclose at least the first film is a photo-patternable adhesive film. Liu discloses, in Figs.1-8, an apparatus, comprising: a substrate; an optical sensor die (2) coupled to an upper surface of the substrate (1); a multi-layer epoxy dam (3) bonded to the optical sensor die (2), the multi-layer epoxy dam (3) including a first film (30) bonded/(indirectly bonded via substrate 1) to the optical sensor die (2) and a second film (30) disposed on the first film (30), wherein at least the first film (30) is a photo-patternable adhesive film; a transparent lid (5) coupled to the multi-layer epoxy dam (3) (see Par.[0019]-[0020] wherein a sensor chip 2 disposed on the substrate 1 through a plurality of solder balls 6, a ring-shaped solder mask frame 3 disposed on the substrate 1, a ring-shaped support 4 disposed on the ring-shaped solder mask frame 3, and a light permeable member 5 that is disposed on the ring-shaped support 4; see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse); a wire (7) bond providing an electrical connection between the optical sensor die (2) and circuit elements (113) in the substrate (1) (see Par.[0030]-[0031] wherein a plurality of metal wires 7 electrically coupled to the substrate 1 and the sensor chip 2, and a package body 8 that is formed on the substrate 1; the substrate 1 includes a plurality of first pads 113 arranged on the first board surface 11); and an encapsulant (8) disposed around at least a portion of the transparent lid (5), the multi-layer epoxy dam (3), the optical sensor die (2), and the wire bond (7) (see Par.[0034] wherein the sensor chip 2, the ring-shaped solder mask frame 3, and the ring-shaped support 4 are embedded in the package body 8, and the slot S is fully filled with the package body 8). Seo and Liu are analogous art because they are all directed to a package device, and one of ordinary skill in the art would have had a reasonable expectation of success by modifying Seo to include Liu because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the process of depositing dams adhesives in Seo by including photolithographically method of deposition of dam adhesive as taught by Liu in order to utilize the inumbrated advantages offered by the photolithography method such as high-quality, versality, accurate alignment, fast processing patterns thereby to obtain efficient production with cost-effective method of production. With respect to claim 2, Seo discloses, in Figs.1-21, the apparatus, wherein the transparent lid is rectangular, and the multi-layer epoxy dam is disposed around a perimeter of the transparent lid (see Fig.1). With respect to claim 3, Seo discloses, in Figs.1-21, the apparatus, further comprising a plurality of solder balls (130) attached to a lower surface of the substrate (100) (see Par.[0019] wherein the substrate 100 includes a substrate pad 120 and an external terminal 130. The substrate pad 120 is provided on a top surface of the substrate 100. The external terminal 130 is provided on a bottom surface of the substrate 100). With respect to claim 3, Liu discloses, in Figs.1-8, the apparatus, further comprising a plurality of solder balls attached to a lower surface (12) of the substrate (1) (see Par.[0021] wherein the substrate 1 in the present embodiment can be provided with a plurality of soldering balls (not shown) disposed on the second board surface 12, and the sensor package structure 100 can be soldered onto an electronic component (not shown) through the soldering balls, thereby electrically coupling the sensor package structure 100 to the electronic component). With respect to claim 4, Seo discloses, in Figs.1-21, the apparatus, wherein the encapsulant is a liquid epoxy solidified by thermally curing (see Par.[0034] wherein the first adhesive segment AP1 includes a UV-curable epoxy; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable epoxy). Moreover, regarding the limitation "liquid epoxy solidified by thermally curing", it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Seo. Therefore, the said claimed limitation is a "product by process" limitation directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 5, Seo discloses, in Figs.1-21, the apparatus, wherein the substrate includes one or more of a ceramic material, a glass material, a semiconductor material, an organic material, a resin material, a laminate, and a printed circuit board (see Par.[0019]-[0020] wherein the substrate 100 includes a printed circuit board (PCB)). With respect to claim 7, Liu discloses, in Figs.1-8, the apparatus, wherein the photosensitive layers of the second film of the multi-layer epoxy dam is a photo-patternable adhesive film (see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse). With respect to claim 10, Seo discloses, in Figs.1-21, the apparatus, wherein the multi-layer epoxy dam is a two- layer epoxy dam having a total thickness between 30 µm and 100 um (see Par.[0034] wherein the width of the first adhesive segment AP1 ranges from about 10 µm to about 150 µm; see Par.[0035] wherein a width of the second adhesive segment AP2 is greater than that of the first adhesive segment AP1; the width of the second adhesive segment AP2 ranges from about 20 um to about 250 µm). With respect to claim 11, Seo discloses, in Figs.1-21, the apparatus, wherein the two-layer epoxy dam includes a fully cured C-stage adhesive layer and a fully cured B-stage adhesive layer (see Par.[0034] wherein the first adhesive segment AP1 includes a UV-curable epoxy; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable epoxy). Moreover, regarding the limitation "the two-layer epoxy dam includes a fully cured C-stage adhesive layer and a fully cured B-stage adhesive layer", it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Seo. Therefore, the said claimed limitation is a "product by process" limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; an particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 21, Seo discloses, in Figs.1-21, an apparatus, comprising: an optical sensor die (CS) coupled to an upper surface of a substrate (100), the optical sensor die (CS) including a photosensitive region (510) (see Par.[0020] wherein a semiconductor chip structure CS is provided on the substrate 100; the semiconductor chip structure CS includes first semiconductor chips 200, a redistribution layer 400, and an image sensor part 500; see Par.[0025] wherein the second semiconductor chip 510 includes a logic chip in which light detected by the image sensor chip 520 is converted into an electrical signal); a first adhesive film (AP1) bonded to the optical sensor die (CS); a second adhesive film (AP2) coupled to the first adhesive film (AP1), the first adhesive film and the second adhesive film defining area in which the photosensitive region (510) is disposed (see Par.[0034] wherein the first adhesive segment AP1 includes a UV-curable epoxy; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable epoxy; see Fig.3 wherein area defined between AS includes recessed area); a transparent lid (700) bonded to the second adhesive film (AP2) (see Par.[0031]-[0032] wherein a transparent substrate 700 is provided on the semiconductor chip structure CS); and an encapsulant (800) disposed around at least a portion/(lower surface portion) of the transparent lid (700), the first adhesive film (AP1), the second adhesive film (AP2), and the optical sensor die (CS) (see Par.[0038] wherein the protective part 800 includes a dielectric material, such as an epoxy molding compound). However, Seo does not explicitly disclose the first adhesive film is a film configured for photolithographic patterning. Liu discloses, in Figs.1-8, an apparatus, comprising: an optical sensor die (2) coupled to an upper surface of a substrate (1), the optical sensor die (2) including a photosensitive region; a first adhesive film (30) bonded to the optical sensor die (2), wherein the first adhesive film (30) is a film configured for photolithographic patterning; a second adhesive film (30) coupled to the first adhesive film (30), the first adhesive film (30) and the second adhesive film (30) defining an area in which the photosensitive region is disposed; a transparent lid (5) bonded to the second adhesive film (30); and an encapsulant (8) disposed around at least a portion of the transparent lid (5), the first adhesive film (30), the second adhesive film (30), and the optical sensor die (2) (see Par.[0019]-[0020] wherein a sensor chip 2 disposed on the substrate 1 through a plurality of solder balls 6, a ring-shaped solder mask frame 3 disposed on the substrate 1, a ring-shaped support 4 disposed on the ring-shaped solder mask frame 3, and a light permeable member 5 that is disposed on the ring-shaped support 4; see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse; see Par.[0030]-[0031] wherein a plurality of metal wires 7 electrically coupled to the substrate 1 and the sensor chip 2, and a package body 8 that is formed on the substrate 1; the substrate 1 includes a plurality of first pads 113 arranged on the first board surface 11; see Par.[0034] wherein the sensor chip 2, the ring-shaped solder mask frame 3, and the ring-shaped support 4 are embedded in the package body 8, and the slot S is fully filled with the package body 8). Seo and Liu are analogous art because they are all directed to a package device, and one of ordinary skill in the art would have had a reasonable expectation of success by modifying Seo to include Liu because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the process of depositing dams adhesives in Seo by including photolithographically method of deposition of dam adhesive as taught by Liu in order to utilize the inumbrated advantages offered by the photolithography method such as high-quality, versality, accurate alignment, fast processing patterns thereby to obtain efficient production with cost-effective method of production. With respect to claim 22, Seo discloses, in Figs.1-21, the apparatus, wherein the second adhesive film (AP2) are photosensitive (see Par.[0034] wherein the first adhesive segment AP1 includes a photo-curable polymer; for example, the first adhesive segment AP1 includes a UV-curable epoxy; the first adhesive segment AP1 may include a transparent or opaque material; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable polymer; for example, the second adhesive segment AP2 includes a thermo-curable epoxy). With respect to claim 23, Seo discloses, in Figs.1-21, the apparatus, wherein the first adhesive film and the second adhesive film are patterned (see Fig.1A). With respect to claim 24, Seo discloses, in Figs. 1-21, the apparatus, wherein the first adhesive film is a fully cured B-stage adhesive layer and the second adhesive film is a fully cured C-stage photoadhesive layer (see Par.[0034] wherein the first adhesive segment AP1 includes a photo-curable polymer; for example, the first adhesive segment AP1 includes a UV-curable epoxy; the first adhesive segment AP1 may include a transparent or opaque material; see Par.[0035] wherein the second adhesive segment AP2 includes a thermo-curable polymer; for example, the second adhesive segment AP2 includes a thermo-curable epoxy). Moreover, regarding the limitation “a fully cured C-stage adhesive layer and a fully cured B-stage adhesive layer”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Seo. Those limitations refer to process method of curing and adhesive. Therefore, the claim is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 25, Seo discloses, in Figs.1-21, the apparatus, wherein the first adhesive film and the second adhesive film define a gap between the transparent lid and the photosensitive region (see Fig.1). Claims 1-3, 7-11, 21-26, 30 are rejected under 35 U.S.C. 103 as being unpatentable over Fuse in view of Liu. With respect to claim 1, Fuse discloses, in Figs.1A-8, an apparatus, comprising: a substrate; an optical sensor die (20) coupled to an upper surface of the substrate (10); a multi-layer epoxy dam (23, 30, 40) bonded to the optical sensor die (20), the multi-layer epoxy dam (23, 30, 40) including a first film (30, 23) bonded to the optical sensor die (20) and a second film (40) disposed on the first film (23, 30); a transparent lid (50) coupled to the multi-layer epoxy dam (23, 30, 40); a wire bond providing an electrical connection between the optical sensor die and circuit elements in the substrate; and an encapsulant disposed around at least a portion of the transparent lid, the multi-layer epoxy dam, the optical sensor die, and the wire bond (see Par.[0025] wherein the imaging element 20 is fixed to the first surface 11A of the substrate 11 in a state in which its light reception surface (upper surface 20A) faces an upward direction; for example, a CMOS image sensor or a CCD image sensor may be used as the imaging element 20; the imaging element 20 dispose on the wiring board 10; see Par.[0026] wherein it is preferable that the enclosing frame 30 be made of a material having a heat resistance of approximately 250.degree. C. to 270.degree. C; for example, the material of the enclosing frame 30 may be a resin such as polycarbonate (PC) or polyphenylene sulfide (PPS); further, a thermosetting adhesive agent is used as the adhesive agent 23; an epoxy or urethane adhesive agent may be used as the thermosetting adhesive agent; see Par.[0031] wherein the adhesive agent 40 may be applied between the upright portion 33 and the entire periphery of the cap 50; a thermosetting and ultraviolet (UV) curing adhesive agent may be used as the adhesive agent 40; an epoxy or acrylic adhesive agent may be used as such a thermosetting and UV curing adhesive agent (i.e.; photosensitive or photo-responsive material that absorbs UV light energy to undergo a change in its physical or chemical properties); see Par.[0032] wherein the cap 50 is fixed to the enclosing frame 30, the cap 50 seals a void S1, which is formed by the imaging element 20, the enclosing frame 30, and the cap 50; the cap 50 also functions as an infrared (IR) cut filter that blocks the transmission of non-visible light, or IR light, while passing the visible light). However, Fuse does not explicitly disclose that at least the first film is a photo-patternable adhesive film. Liu discloses, in Figs.1-8, an apparatus, comprising: a substrate; an optical sensor die (2) coupled to an upper surface of the substrate (1); a multi-layer epoxy dam (3) bonded to the optical sensor die (2), the multi-layer epoxy dam (3) including a first film (30) bonded/(indirectly bonded via substrate 1) to the optical sensor die (2) and a second film (30) disposed on the first film (30), wherein at least the first film (30) is a photo-patternable adhesive film; a transparent lid (5) coupled to the multi-layer epoxy dam (3) (see Par.[0019]-[0020] wherein a sensor chip 2 disposed on the substrate 1 through a plurality of solder balls 6, a ring-shaped solder mask frame 3 disposed on the substrate 1, a ring-shaped support 4 disposed on the ring-shaped solder mask frame 3, and a light permeable member 5 that is disposed on the ring-shaped support 4; see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse); a wire (7) bond providing an electrical connection between the optical sensor die (2) and circuit elements (113) in the substrate (1) (see Par.[0030]-[0031] wherein a plurality of metal wires 7 electrically coupled to the substrate 1 and the sensor chip 2, and a package body 8 that is formed on the substrate 1; the substrate 1 includes a plurality of first pads 113 arranged on the first board surface 11); and an encapsulant (8) disposed around at least a portion of the transparent lid (5), the multi-layer epoxy dam (3), the optical sensor die (2), and the wire bond (7) (see Par.[0034] wherein the sensor chip 2, the ring-shaped solder mask frame 3, and the ring-shaped support 4 are embedded in the package body 8, and the slot S is fully filled with the package body 8). Fuse and Liu are analogous art because they are all directed to a semiconductor package device, and one of ordinary skill in the art would have had a reasonable expectation of success by modifying Fuse to include Liu because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the process of depositing dams adhesives in Fuse by including photolithographically method of deposition of dam adhesive as taught by Liu in order to utilize the inumbrated advantages offered by the photolithography method such as high-quality, versality, accurate alignment, fast processing patterns thereby to obtain efficient production with cost-effective method of production. With respect to claim 2, Fuse discloses, in Figs.1A-8, the apparatus, wherein the transparent lid (50) is rectangular, and the multi-layer epoxy dam (23, 30, 40) is disposed around a perimeter of the transparent lid (50) (see Fig.1A). With respect to claim 2, Liu discloses, in Figs.1-8, the apparatus, wherein the transparent lid (5) is rectangular, and the multi-layer epoxy dam (3) is disposed around a perimeter of the transparent lid (5) (see Fig.8). With respect to claim 3, Liu discloses, in Figs.1-8, the apparatus, further comprising a plurality of solder balls attached to a lower surface (12) of the substrate (1) (see Par.[0021] wherein the substrate 1 in the present embodiment can be provided with a plurality of soldering balls (not shown) disposed on the second board surface 12, and the sensor package structure 100 can be soldered onto an electronic component (not shown) through the soldering balls, thereby electrically coupling the sensor package structure 100 to the electronic component). With respect to claim 7, Liu discloses, in Figs.1-8, the apparatus, wherein the photosensitive layers of the second film of the multi-layer epoxy dam is a photo-patternable adhesive film (see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse). With respect to claim 8, Fuse discloses, in Figs.1A-8, the apparatus, wherein the transparent lid has an area have a size of 8 mm.times.6 mm (see Par.[0032] wherein the cap 50 may have a size of, for example 8 mm.times.6 mm). Even though Fuse does not disclose transparent lid area range of an area between 9 mm2 and 100 mm2, the said range is predictable by simple engineering optimization motivated by a design choice, such as the capacity of light absorbance by the sensor die. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553,555,188 USPQ 7, 9 (CCPA 1975). With respect to claim 9, Fuse discloses, in Figs.1A-8, the apparatus, wherein the transparent lid has a thickness of 6mm (see Par.[0032] wherein the cap 50 may have a size of, for example 8 mm.times.6 mm). Even though Fuse does not disclose transparent lid of thickness range of a between 200 pm and 1 mm, the said range is predictable by simple engineering optimization motivated by a design choice, such as the capacity of light absorbance by the sensor die. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553,555,188 USPQ 7, 9 (CCPA 1975). With respect to claim 10, Fuse discloses, in Figs.1A-8, the apparatus, wherein the multi-layer epoxy dam (3) is a two-layer epoxy dam having a total thickness between 30 pm and 100 pm (see Fig.1A, Par.[0028] wherein the basal portion 31 has, for example, a height H1 of 300 .mu.m and a width W1 of 500 .mu.m; a height H2 of 200 .mu.m and a width W2 of 600 .mu.m; see Par.[0029] wherein the recess 32X is set to have, for example, a width W3 of 100 .mu.m and a depth H3 of 100 .mu.m; see Par.[0030] wherein the upright portion 33 is set to have, for example, a height H4 of 400 .mu.m and a width W4 of 100 .mu.m). With respect to claim 11, Fuse discloses, in Figs.1A-8, the apparatus, wherein the two-layer epoxy dam (23, 30, 40) includes a fully cured C-stage adhesive layer and a fully cured B-stage adhesive layer (see Par.[0045] wherein the UV curing or thermosetting adhesive agent 40 is filled in the recess 32X in the adhesion portion 32 of the enclosing frame 30). Moreover, regarding the limitation “a fully cured C-stage adhesive layer and a fully cured B-stage adhesive layer”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Fuse. Those limitations refer to process method of curing and adhesive. Therefore, the claim is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 21, Fuse discloses, in Figs.1A-8, an apparatus, comprising: an optical sensor die (20) coupled to an upper surface of a substrate (10), the optical sensor die (20) including a photosensitive region; a first adhesive film (23, 30) bonded to the optical sensor die (20); a second adhesive film (40) coupled to the first adhesive film (23, 30), the first adhesive film (23, 30) and the second adhesive film (40) defining an area in which the photosensitive region is disposed; a transparent lid (50) bonded to the second adhesive film (40); and an encapsulant (60) disposed around at least a portion of the transparent lid (50), the first adhesive film (23, 30), the second adhesive film (40), and the optical sensor die (20) (see Par.[0025] wherein the imaging element 20 is fixed to the first surface 11A of the substrate 11 in a state in which its light reception surface (upper surface 20A) faces an upward direction; for example, a CMOS image sensor or a CCD image sensor may be used as the imaging element 20; the imaging element 20 dispose on the wiring board 10; see Par.[0026] wherein it is preferable that the enclosing frame 30 be made of a material having a heat resistance of approximately 250.degree. C. to 270.degree. C; for example, the material of the enclosing frame 30 may be a resin such as polycarbonate (PC) or polyphenylene sulfide (PPS); further, a thermosetting adhesive agent is used as the adhesive agent 23; an epoxy or urethane adhesive agent may be used as the thermosetting adhesive agent; see Par.[0031] wherein the adhesive agent 40 may be applied between the upright portion 33 and the entire periphery of the cap 50; a thermosetting and ultraviolet (UV) curing adhesive agent may be used as the adhesive agent 40; an epoxy or acrylic adhesive agent may be used as such a thermosetting and UV curing adhesive agent (i.e.; photosensitive or photo-responsive material that absorbs UV light energy to undergo a change in its physical or chemical properties); see Par.[0032] wherein the cap 50 is fixed to the enclosing frame 30, the cap 50 seals a void S1, which is formed by the imaging element 20, the enclosing frame 30, and the cap 50; the cap 50 also functions as an infrared (IR) cut filter that blocks the transmission of non-visible light, or IR light, while passing the visible light). However, Fuse does not explicitly disclose the first adhesive film is a film configured for photolithographic patterning. Liu discloses, in Figs.1-8, an apparatus, comprising: an optical sensor die (2) coupled to an upper surface of a substrate (1), the optical sensor die (2) including a photosensitive region; a first adhesive film (30) bonded to the optical sensor die (2), wherein the first adhesive film (30) is a film configured for photolithographic patterning; a second adhesive film (30) coupled to the first adhesive film (30), the first adhesive film (30) and the second adhesive film (30) defining an area in which the photosensitive region is disposed; a transparent lid (5) bonded to the second adhesive film (30); and an encapsulant (8) disposed around at least a portion of the transparent lid (5), the first adhesive film (30), the second adhesive film (30), and the optical sensor die (2) (see Par.[0019]-[0020] wherein a sensor chip 2 disposed on the substrate 1 through a plurality of solder balls 6, a ring-shaped solder mask frame 3 disposed on the substrate 1, a ring-shaped support 4 disposed on the ring-shaped solder mask frame 3, and a light permeable member 5 that is disposed on the ring-shaped support 4; see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse; see Par.[0030]-[0031] wherein a plurality of metal wires 7 electrically coupled to the substrate 1 and the sensor chip 2, and a package body 8 that is formed on the substrate 1; the substrate 1 includes a plurality of first pads 113 arranged on the first board surface 11; see Par.[0034] wherein the sensor chip 2, the ring-shaped solder mask frame 3, and the ring-shaped support 4 are embedded in the package body 8, and the slot S is fully filled with the package body 8). Fuse and Liu are analogous art because they are all directed to a semiconductor package device, and one of ordinary skill in the art would have had a reasonable expectation of success by modifying Fuse to include Liu because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the process of depositing dams adhesives in Fuse by including photolithographically method of deposition of dam adhesive as taught by Liu in order to utilize the inumbrated advantages offered by the photolithography method such as high-quality, versality, accurate alignment, fast processing patterns thereby to obtain efficient production with cost-effective method of production. With respect to claim 22, Liu discloses, in Figs.1-8, the apparatus, wherein the second adhesive film is a film configured for photolithographic patterning (see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse). With respect to claim 23, Liu discloses, in Figs.1-8, the apparatus, wherein the first adhesive film (30) and the second adhesive film (30) are patterned (see Par.[0025] wherein the ring-shaped solder mask frame 3 can be formed in a punching manner, a photolithography manner, a printing manner, or a coating manner, the thickness and the shape of the ring-shaped solder mask frame 3 can be effectively and precisely controlled for accommodating the sensor chip 2 or other components; the idea of having epoxy solder material 3 is borrowed from Fuse). With respect to claim 24, Fuse discloses, in Figs.1A-8, the apparatus, wherein the first adhesive film is a fully cured B-stage adhesive layer and the second adhesive film is a fully cured C-stage adhesive layer (see Par.[0045] wherein the UV curing or thermosetting adhesive agent 40 is filled in the recess 32X in the adhesion portion 32 of the enclosing frame 30). Moreover, regarding the limitation “a fully cured C-stage adhesive layer and a fully cured B-stage adhesive layer”, it is submitted that such limitation does not further define the structure as instantly claimed, nor serve to distinguish over Fuse. Those limitations refer to process method of curing and adhesive. Therefore, the claim is a “product by process” limitation. Applicant attention is thereby directed to the fact that a "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law make clear. With respect to claim 25, Fuse discloses, in Figs.1A-8, the apparatus, wherein the first adhesive film and the second adhesive film define a gap between the transparent lid and the photosensitive region (see Fig.1A). With respect to claim 26, Fuse discloses, in Figs.1A-8, the apparatus, wherein a height (H1+H2) of the gap is between 30 pm and 100 pm (see Fig.1A, Par.[0028] wherein the basal portion 31 has, for example, a height H1 of 300 .mu.m and a width W1 of 500 .mu.m; a height H2 of 200 .mu.m and a width W2 of 600 .mu.m; see Par.[0029] wherein the recess 32X is set to have, for example, a width W3 of 100 .mu.m and a depth H3 of 100 .mu.m; see Par.[0030] wherein the upright portion 33 is set to have, for example, a height H4 of 400 .mu.m and a width W4 of 100 .mu.m). With respect to claim 30, Fuse discloses, in Figs.1A-8, the apparatus, wherein the first film (23, 30) has a lateral width that is greater than a lateral width of the second film (40) (see Fig.1A, Par.[0028] wherein the basal portion 31 has, for example, a height H1 of 300 .mu.m and a width W1 of 500 .mu.m; a height H2 of 200 .mu.m and a width W2 of 600 .mu.m; see Par.[0029] wherein the recess 32X is set to have, for example, a width W3 of 100 .mu.m and a depth H3 of 100 .mu.m; see Par.[0030] wherein the upright portion 33 is set to have, for example, a height H4 of 400 .mu.m and a width W4 of 100 .mu.m). Response to Arguments Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive. For instance, Applicant alleges that thermo-curable second adhesive in Seo is not photosensitive adhesive because it reacts to heat rather than to be reactant to the light (see remarks, page 9 of 11). Examiner disagrees. In Seo the thermo-curable adhesive reacts to the heat cause by light such as UV light. As such, they are photo-curable or photosensitive. Moreover, Seo discloses that second adhesive is an epoxy (i.e.; epoxy exhibit significant photosensitivity) (see Par.[0007] wherein the first and second adhesive segments include a photo-curable polymer; see Par.[0035] wherein the second adhesive segment includes a thermo-curable epoxy (i.e.; photo-curable or UV-curable epoxy polymer); the second adhesive segment AP2 includes an opaque material). 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. Examiner’s Telephone/Fax Contacts Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOULOUCOULAYE INOUSSA whose telephone number is (571)272-0596. The examiner can normally be reached Monday-Friday (10-18). 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, JEFF W NATALINI can be reached at 571-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Mouloucoulaye Inoussa/ Primary Examiner, Art Unit 2818
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Prosecution Timeline

Mar 07, 2023
Application Filed
Nov 11, 2025
Non-Final Rejection — §102, §103, §112
Feb 04, 2026
Applicant Interview (Telephonic)
Feb 04, 2026
Examiner Interview Summary
Feb 13, 2026
Response Filed
Mar 10, 2026
Final Rejection — §102, §103, §112 (current)

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