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 claims 1-15 in the reply filed on 1/5/26 is acknowledged.
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 1-5 and 21-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,664,315. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims disclose the same scope of the invention.
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.
Claim(s) 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bemanian et al. (US 2012/0068229, hereinafter, Bemanian.)
In regard to claim 21, in figs. 9a, 19 and 22, Bemanian discloses a semiconductor structure comprising:
a first die 914, comprising a first bonding structure 916/918; and
a second die 908, comprising a second bonding structure 910/912, wherein the first bonding structure and the second bonding structure are bonded through a solder-less bonding, to bond the first die and the second die.
Regarding claim 22, in fig. 22, in fig. 22, Bemanian further discloses, wherein the first bonding structure comprises a first bonding layer 2212 and a plurality of first bonding pads 2218 in the first bonding layer, the second bonding structure comprises a second bonding layer 2228 and a plurality of second bonding pads 2226 in the second bonding layer, and the first bonding layer is bonded to the second bonding layer and the first bonding pads are bonded to the second bonding pads respectively.
Regarding claim 23, wherein a sidewall of one of the first bonding pads is substantially flush with a sidewall of one of the second bonding pads (figs. 9a-9c, for example.)
Regarding claim 24, Bemanian further comprising a first encapsulant encapsulating, or molding, 1814 on the first die and in direct contact with the first bonding layer and the second bonding layer (fig. 19.)
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bemanian as applied to claims 21-22 above, and further in view of Liao et al. (US 2019/0319008, hereinafter, Liao.)
In regard to claim 25, Bemanian discloses all of the claimed limitations as mentioned above, except, further comprising a second encapsulant encapsulating the second die and in direct contact with the first bonding layer and the second bonding layer.
Liao, in figs. 1C-1F, discloses an analogous package including first die and second die, and a third semiconductor substrate 37, connecting structures; and further discloses first and second encapsulant layers 19 and 30 (paras [0017] and 0029]). The encapsulants further provide structural support and protection. This is common in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the application was filed to include the encapsulant layers as taught in order to provide protection and support.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN W HA whose telephone number is (571)272-1707. The examiner can normally be reached M-T: 8:00AM-6:00PM.
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, WAEL FAHMY can be reached at (571)-272-1705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN W HA/Primary Examiner, Art Unit 2814