Prosecution Insights
Last updated: October 02, 2026
Application No. 18/323,484

PACKAGE STRUCTURE AND METHOD FOR FABRICATING THE SAME

Final Rejection §102§103
Filed
May 25, 2023
Priority
Sep 16, 2022 — TW 111135017
Examiner
MELLINGER, CORBYN DAVID
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
WISTRON NEWEB Corporation
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
29 granted / 37 resolved
+10.4% vs TC avg
Strong +40% interview lift
Without
With
+40.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
22 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§103
48.4%
+8.4% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 37 resolved cases

Office Action

§102 §103
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 Newly submitted claim 18 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: it would have been subject to a species restriction if originally filed. More specifically, species would have been identified by the mutually-exclusive features of where the flexible heat conductor Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 18 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03. To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention. Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention. 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. (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) 1-5 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230048302 (Hsieh et al). As to Claim 1, Hsieh teaches a package structure, comprising: a substrate having a first board surface (Fig 1F, 300t); a semiconductor package (100/200) having an upper surface, a lower surface, and a side surface between the upper surface and the lower surface (top of 410, exposed surface of UF2, and side of 100 respectively), wherein the semiconductor package is disposed on the first board surface (package on 300t), and is electrically connected to the substrate through a plurality of pins disposed on the lower surface (solder balls on an exposed surface of UF2); a side dam formed on the first board surface to surround and define a first accommodating space (610), wherein the semiconductor package is disposed in the first accommodating space and contacts the side dam (package within space formed by 610 and contacts 610), and the side dam has a height that is higher than a height of the upper surface (top of 610); a flexible heat conductor disposed on the upper surface (430 may comprise viscous gel ¶0041); a first heat sink disposed on the side dam and the flexible heat conductor, and being supported by the side dam (520); wherein the first heat sink, the side dam and the semiconductor package jointly define a second accommodating space, and the flexible heat conductor is confined in the second accommodating space (Fig 1F), wherein the side dam contacts the lower surface of the semiconductor surface (portion of 610 contacts exposed surface of UF2). As to Claim 2, Hsieh teaches the package structure according to claim 1, wherein a first vertical projection is formed by projecting the semiconductor package onto the first board surface (Fig 2A), and the side dam has a multilayer adhesive structure formed along at least a part among the side surface of the semiconductor package and a periphery of the first vertical projection (610 reasonably comprises multiple layers). As to Claim 3, Hsieh teaches the package structure according to claim 2, wherein the side dam has a dam cross section that is wider at a bottom and narrower at a top (top surface of 610 narrower than widest part of 610 below). As to Claim 4, Hsieh teaches the package structure according to claim 1, wherein the first heat sink has a first surface and a second surface (top/bottom of 520), the second surface contacts the side dam (bottom of 520 contacts 610), a second vertical projection is formed by projecting the side dam onto the second surface, and an area of the second surface is greater than an area of the second vertical projection (top of 520 larger than projection of 610 onto 520). As to Claim 5, Hsieh teaches the package structure according to claim 4, further comprising a side wall disposed between the second surface and the first board surface (side portion of 520), wherein the side wall and the first heat sink jointly form a package cover having a third accommodating space for accommodating the semiconductor package, the side dam and the flexible heat conductor (all elements accommodated therein). As to Claim 17, Hsieh teaches the package structure according to claim 1, wherein the side dam is formed by a single material (610 a single material). 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh as applied to claim 5 above, and further in view of US 20210358831 (Kwon). As to Claim 6, Hsieh teaches the package structure according to claim 5, but does not explicitly teach the structure further comprising an interface heat conductor disposed on the first heat sink and a second heat sink disposed on the interface heat conductor. Kwon teaches a device similar to that of Hsieh, and explicitly teaches a package structure (Kwon Fig 2E) having a first heat sink (621) with an interface heat conductor disposed thereon (630 on 621) and a second heat sink disposed on the interface heat conductor (610 on 630). It would have been obvious to one of ordinary skill in the art at the time of filing to combine the package structure having an additional thermal interfacial material and an additional heat sink taught by Kwon with the overall package structure taught by Hsieh in order to connect to a separate cooling system, e.g., one which uses active cooling to cool the semiconductor package. Claim(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh as applied to claim 2 above, and further in view of US 20220270893 (Lin et al). As to Claim 7, Hsieh teaches the package structure according to claim 2, wherein the first vertical projection is a rectangle (rectangular projection in Fig 2A), and the side dam includes an upper dam higher than the upper surface and a lower dam lower than the upper surface (portions of 610 above upper surface and below lower surface, respectively). Hsieh fails to explicitly teach openings in the side dam or further details thereof. Lin teaches a package structure similar to that of Hsieh, and explicitly teaches: wherein the upper dam has a first opening in a portion of the side dam corresponding to a first edge of the rectangle (opening 232 in 230 shown on bottom side of projection in Fig 1C-1); and wherein the lower dam has a second opening in a portion of the side dam corresponding to a second edge of the rectangle (opening of 140 being the bottom portion tapering away from 122 as seen in the side view of Fig 1C. An “opening” may broadly be considered to be a gap in an otherwise planar structure, and thus the taper in 140 is reasonably interpreted to constitute an opening. This taper continues around the entire periphery of 122, i.e., exists on the top side of projection in Fig 1C-1). It would have been obvious to one of ordinary skill in the art at the time of filing to combine the side dam having openings taught by Lin with the general package structure taught by Hsieh in order to prevent voids forming during the dispensing of the side dam material (Lin ¶0086). As to Claim 8, Hsieh+Lin teaches the package structure according to claim 7. Lin further teaches wherein the first edge is located opposite to the second edge (top and bottom sides of projection in Fig 1C-1 opposite one another). As to Claim 9, Hsieh+Lin teaches the package structure according to claim 8. Lin wherein the upper dam has a third opening in a portion of the side dam corresponding to a third edge of the rectangle (opening 232 shown on left side of projection in Fig 1C-1); and wherein the upper dam has a fourth opening in a portion of the side dam corresponding to a fourth edge of the rectangle (opening 232 shown on right side of projection in Fig 1C-1). As to Claim 10, Hsieh+Lin teaches the package structure according to claim 7. Lin further teaches wherein the upper dam has a fifth opening in a portion of the side dam corresponding to a third edge of the rectangle (opening 232 shown on top side of projection in Fig 1C-1); wherein the lower dam has a sixth opening in a portion of the side dam corresponding to a fourth edge of the rectangle (taper of 140 around entire periphery, i.e., along right side of projection in Fig 1C-1); and wherein the first edge is located opposite to the third edge (bottom side opposite top side of projection in Fig 1C-1), and the second edge is located opposite to the fourth edge (left side opposite right side of projection in Fig 1C-1). Response to Arguments Applicant’s arguments, filed 11 January 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC §102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hsieh, Kwon, and Lin as described above. 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 Corbyn D Mellinger whose telephone number is (703)756-5683. The examiner can normally be reached M-F 8-5 Eastern. 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, Zandra Smith can be reached at 571-272-2429. 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. /Corbyn D Mellinger/ Examiner, Art Unit 2899 /EVAN G CLINTON/Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

May 25, 2023
Application Filed
Nov 18, 2025
Non-Final Rejection mailed — §102, §103
Jan 11, 2026
Response Filed
Aug 25, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12751317
POWER SEMICONDUCTOR MODULE
3y 10m to grant Granted Sep 29, 2026
Patent 12745661
Scalable Extreme Large Size Substrate Integration
4y 1m to grant Granted Sep 22, 2026
Patent 12740394
SUBTRACTIVE LINES AND VIAS WITH WRAP-AROUND CONTACT
3y 12m to grant Granted Sep 15, 2026
Patent 12727474
SEMICONDUCTOR PACKAGE
3y 11m to grant Granted Sep 01, 2026
Patent 12672560
SEMICONDUCTOR DEVICE INCLUDING SEMICONDUCTOR ELEMENTS, INSULATING BASE MEMBERS, WIRINGS, AND AT LEAST ONE WIRING MEMBER
3y 7m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+40.0%)
3y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 37 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month