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 with traverse of Invention I, claims 1-9, in the reply filed on 02/26/2026 is acknowledged. The traversal is on the ground(s) that the identified inventions pertain to a single inventive concept and are not mutually exclusive as the independent claims in the instant application recite one or more common features and examination of all claims would pose an undue burden. This is not found persuasive because a restriction between a process of making and a product made, restriction isn’t based on if there is overlapping subject matter, as many inventions will have overlapping subject matter and still not be the same invention. Restriction is based on if there are any differences, that is, the inventions are distinct if either or both can be shown: 1) the process as claimed can be used to make another product or 2) the product as claimed can be made by a materially different process. As discussed in the restriction requirement filed 12/31/2025, Invention I, claims 1-9, is different then both of claims 10-18 and claims 19-27 of invention II. Furthermore, burden is established because invention I requires searching at least deposition of heat conducting material onto a lid, while it will not require searching electrical components coupled to the heatsink which is required in Invention II.
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-27 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/26/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Examiner believes that the limitation of “a heat dissipation lid disposed on the opening,” poses a definitiveness issue. Examiner believes that it is not clear how something can be disposed on an opening as typically an opening is the lack of structure. It would not pose any clarity issues if the heat dissipation lid was disposed over the opening or in the opening. In an effort for compact prosecution, Examiner will examine the claim limitation as if the heat dissipation lid can be disposed in and/or over a proximate edge of the opening. Regardless, appropriate action is required.
Claim Rejections - 35 USC § 102
(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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication by Shah et al. (US 20230093924 A1; Shah)
Regarding Claim 1, Shah discloses an electronic package, comprising:
a carrier structure (108) having a circuit layer (Para. 20);
an electronic component (110) disposed on the carrier structure and electrically connected to the circuit layer (Para. 20, “Were electrical component has a shared electrical interface with the carrier structure 108);
a heat sink (106) disposed on the carrier structure and covering the electronic component, wherein the heat sink has at least one opening (136), and a portion of a surface of the electronic component is exposed from the opening (Fig. 1, Where heatsink 106, is disposed on carrier structure 108 and has an opening 136 in it and said opening exposes the top surface of electrical component 110);
a heat dissipation material (214) formed in the opening and in contact with the electronic component (Fig. 2, Heat dissipation material 214 is in opening 136 and in direct contact with electrical component 110); and
a heat dissipation lid (206) disposed on the opening and covering the heat dissipation material (Fig. 2, where heat dissipation lid is disposed in and over the opening and covering the heat dissipation material 214).
Regarding Claim 2, Shah discloses the electronic package of claim 1, wherein the electronic component is electrically connected to the circuit layer via a plurality of conductive bumps (Para. 21, “The semiconductor package 104 is electrically connected to one or more corresponding pads or other electrical contacts of the substrate 108 via a corresponding array of connectors (not shown), which can include, for example, a BGA, an LGA, a QFP array, C4 bumps, copper (or other metal) pillar structures, solder-free metal-metal bonding, and the like, and well as being mechanically bonded to the second surface 114 via an adhesive or other bonding agent 121”).
Regarding Claim 3, Shah discloses the electronic package of claim 1, wherein the heat dissipation material is served as a thermal interface material (Para. 29, “The TIM layer 214 thus may be composed of any of a variety of TIMs, such as a thermal paste/grease, a thermal adhesive, a thermal gap filler, a thermal film, a thermal pad, a phase change material (PCM), or a combination thereof”).
Regarding Claim 4, Shah discloses the electronic package of claim 1, wherein the heat dissipation material is in a liquid state (Para. 21, Where the heat dissipation material can be a phase change material or a polymerizable liquid matrix).
Regarding Claim 5, Shah discloses the electronic package of claim 1, wherein the heat sink comprises a sheet-shaped heat dissipation body with the opening and a plurality of supporting legs erected on the heat dissipation body, such that the heat dissipation body accommodates the heat dissipation material by the opening, and the supporting legs are disposed on the carrier structure.
Regarding Claim 6, Shah discloses the electronic package of claim 1, wherein the heat dissipation lid and the heat sink are stacked and in contact with each other (Fig. 3, where Thermal adhesive 318 connects the heat dissipation lid and the heat sink with each other).
Regarding Claim 7, Shah discloses the electronic package of claim 1, wherein the heat dissipation lid is adhered on the heat sink (Para. 33, Fig. 3).
Claims 1, 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication by Shen (US 20230093924 A1; Shen)
Regarding Claim 1, Shen discloses an electronic package, comprising:
a carrier structure (164) having a circuit layer;
an electronic component (161) disposed on the carrier structure and electrically connected to the circuit layer (Fig. 7, where electronic component is connected 161 is connected to carrier structure 164 by bumps 162);
a heat sink (200) disposed on the carrier structure and covering the electronic component (Fig. 7, Where lid/heatsink 200, includes top portion 201 over the electronic component 161 and uses pins 202 extending from top portion 201 extending to the top surface of the carrier structure), wherein the heat sink has at least one opening (213/301), and a portion of a surface of the electronic component is exposed from the opening (Para. 39, Fig. 20, which shows the step before filling the opening with thermal material and where the opening exposes part of the electronic component);
a heat dissipation material (TIM in Spec – No Element number) formed in the opening and in contact with the electronic component (Para. 35, Fig. 7, Where heat dissipation material TIM is used in the openings); and
a heat dissipation lid (200/201) disposed on the opening and covering the heat dissipation material (The lid and the heat sink are one piece formed integrally).
Regarding Claim 8, Shen discloses the electronic package of claim 1, wherein the heat dissipation lid has at least one through hole communicating (301) with the opening (Para. 33, Fig. 3, where the there is an injection hole allowing for heat dissipating material to be injected through the lid and eventually onto the space between the heatsink and the electronic component).
Regarding Claim 9, Shen discloses the electronic package of claim 1, wherein the heat dissipation lid and the heat sink are integrally formed (the heat sink and the lid are formed of object making them formed integrally).
Examiners note – Applicant doesn’t appear to have a different definition for something being formed integrally. Furthermore, as this is a product claim, Examiner must only make sure the claims are directed towards the product and not the process of making in accordance with 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 Wethheim, 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. That is to say, for the limitation in this claim, no methods of manufacturing, such as how the lid and the heat sink are integrally formed may be taken into consideration. Instead, Examiner will rely on the pure language of “integrally” which in general is broader then monolithic and can include two objects that are united by fastening, welding, riveting, adhesives, or other joining methods, but it also includes a monolithic structure that is formed of a single material, block, or stone, which Examiner believes that is the less broad version of what applicant was trying to claim. That being said, reference used appears to reads on both “integrally formed” or the less broad monolithically formed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J HIBBERT whose telephone number is (703)756-1562. The examiner can normally be reached Monday - Friday 8am-5pm EST.
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/DANIEL J HIBBERT/Examiner, Art Unit 2899
/ZANDRA V SMITH/Supervisory Patent Examiner, Art Unit 2899
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