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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Priority
No claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) has been filed or is acknowledged.
Drawings
The drawings are objected to because “100” in Fig. 6A appears to be pointing at two different parts. Two of the “100” reference characters seem to correctly be indicating the “baking system,” however, the “100” on the left hand side most towards the bottom, appears to be pointing to the “receiving portion 106.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“Fluid abatement portion 20” [0026], should read “fluid abatement component 20”.
“Fluid abatement component 22” [0026], should read either “fluid abatement component 20” or “channel 22.”
“Inner chamber 126” [0029], should read either “inner chamber 128” or “inner enclosure 126.”
“Second processing unit 10” [0034], should read ”second processing unit assembly 10.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Processing unit” in claims 1, 12, and 18. This limitation uses the generic placeholder “unit” (Prong A); the term “unit” is modified by functional language “processing” (Prong B); and the term “unit” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “processing unit” will be interpreted as “graphics processing units (GPUs)” and equivalents, as indicated by: “Processing units such as graphics processing units (GPUs)” [0002].
“Above-board heating element” in claim 15. This limitation uses the generic placeholder “element” (Prong A); the term “element” is modified by functional language “heating” (Prong B); and the term “element” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “above-board heating element” will be interpreted as any component capable of heating and equivalents. Examiner acknowledges that specification says the following: “an above-board heating element which can adjust the appropriate temperature and timing to get the tightest distribution for thermal interface material curing and resistance" [0020]; "The above- board heating element 130 can be operable to convert electrical energy into heat through resistance" [0029]; "The above-board heating element 130 can receive electrical power from the power conduit 132 and convert the electrical energy into heat through resistance" [0029], however no actual structure is given.
“Fluid abatement component” in claim 7. This limitation uses the generic placeholder “component” (Prong A); the term “component” is modified by functional language “abatement” (Prong B); and the term “component” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “fluid abatement component” will be interpreted as any component that can abate and equivalents, or that can form a channel or seal and equivalents, as indicated by: "the fluid abatement component 20 can form a channel 22 that is operable to receive the fluid" [0026] and "the fluid abatement component 20 can form a seal against the upper portion 120 to prevent fluid flow therethrough" [0026].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 14 is 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.
Claim 14 recites the limitation "the upper enclosure" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. There is a lack of clarity as to whether applicant intends to refer to the “inner enclosure,” “outer enclosure,” or the “upper portion” here, thus making the claim unclear and infinite. For the purposes of examination examiner is interpreting “the upper enclosure” to mean “the upper portion.”
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.
Claims 1-8, 10, and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito et al. (US 20140033518 A1), hereinafter Ito.
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Annotated Fig. 2(d) (Ito)
Regarding claim 1, Ito discloses a baking system (Annotated Fig. 2(d),”baking system”) comprising:
a receiving base (Annotated Fig. 2(b), “lower plate member 6” [0029]) operable to receive (Annotated Fig. 2(c), “a lower plate member 6 is placed on an upper face of the lower heater plate 5, and a substrate-placing table 7 is placed on an upper face of the lower plate member” [0030]) a processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) including a processing unit (Annotated Fig. 2(b), “semiconductor element B” [0002]), a thermal solution (Annotated Fig. 2(b), “condenser” of the “element B” [0002]), and a thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]) operable to couple (“a semiconductor, a resistance and/or a condenser to a substrate is to be bonded or sealed to a substrate, they are bonded together with use of an insulating adhesive or an electroconductive adhesive between the substrate and the element” [0002]) the processing unit (Annotated Fig. 2(b), “semiconductor element B” [0002]) and the thermal solution (Annotated Fig. 2(b), “condenser” of the “element B” [0002]);
an upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) operable to provide heat (“The upper heater 11 functions as a heater” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to cure the thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]), wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) directs heat to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from above the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]); and
a bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) operable to provide heat (“the lower heater plate 5 functions as a heater” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to cure (“the lower heater plate 5 functions as a heater for preheating a substrate or thermally curing an adhesive” [0031]) )the thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]), wherein the bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) directs heat to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from below the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) opposite the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]).
In addition to structural limitations, claim 1 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “to cure the thermal interface material” in lines 5-6 of the claim. When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Regarding claim 2, Ito further discloses wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) includes an outer enclosure (Annotated Fig. 2(b), “upper frame member 12” [0029]) that forms an outer chamber (Annotated Fig. 2(b), “upper frame member 12” [0029]) operable to removably encase (“the upper heater plate 11 and the upper frame body 12 are movable integrally up and down by means of the press cylinder 14” [0033]; “(i) an upper frame member arranged gas-tightly on a lower face of the upper heater plate, a lower end of the upper frame member being gas-tightly sealable on a peripheral portion of the lower plate member” [0007]) the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
Regarding claim 3, Ito further discloses wherein the outer enclosure (Annotated Fig. 2(b), “upper frame member 12” [0029]) is operable to control environmental conditions surrounding the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
Regarding claim 4, Ito further comprises an exhaust conduit (Annotated Fig. 2(b), “vacuuming/pressurizing opening 16” [0029]) in communication with the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]), the exhaust conduit (Annotated Fig. 2(b), “vacuuming/pressurizing opening 16” [0029]) operable to provide evacuation of air, humidity, and/or liquid (“In the upper frame member 12 is provided a vacuuming/pressurizing opening 16 for vacuuming/pressurizing the vacuum chamber” [0035]) from the outer chamber (Annotated Fig. 2(b), “upper frame member 12” [0029]).
Regarding claim 5, Ito further discloses wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) includes an inner enclosure (Annotated Fig. 2(b), “inner frame body 13” [0029]) that forms an inner chamber (Annotated Fig. 2(b), “inner frame body 13” [0029]) operable to removably encase (“slidably sealing the lower end of the upper frame member to the peripheral portion of the lower plate member, to gas-tightly bring the lower end face of the inner frame body into contact with the upper face of the substrate-placing table” [0007]) the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) and be encased in (“(j) an inner frame body attached to a lower face of the upper heater plate within the upper frame member” [0007]) the outer chamber (Annotated Fig. 2(b), “upper frame member 12” [0029]) of the outer enclosure (Annotated Fig. 2(b), “upper frame member 12” [0029]).
Regarding claim 6, Ito further discloses wherein the inner enclosure (Annotated Fig. 2(b), “inner frame body 13” [0029]) includes an above-board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) operable to provide the heat (“The upper heater 11 functions as a heater for softening a film” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from above, wherein the above-board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) is operable to convert electrical energy into heat through resistance (Examiner note: the upper heater plate functions as a heater, and heaters work by converting electrical energy into heat through electrical resistance).
Regarding claim 7, Ito further comprises a fluid abatement component (Annotated Fig. 2(c), “substrate placing table 7” [0029]) surrounding the thermal solution (Annotated Fig. 2(c), “condenser” of the “element B” [0002]), the fluid abatement component (Annotated Fig. 2(c), “substrate placing table 7” [0029]) operable to contain fluid that leaks (“can bond or seal an element onto a substrate with a good thickness of a bonding layer, while minimizing runout an adhesive under appropriate pressing” [0006]) from the thermal solution (Annotated Fig. 2(c), “condenser” of the “element B” [0002]).
In addition to structural limitations, claim 7 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “operable to contain fluid that leaks from the thermal solution” in lines 2-3 of the claim. When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Regarding claim 8, Ito further discloses wherein the inner enclosure (Annotated Fig. 2(d), “inner frame body 13” [0029]) abuts against (“the lower end face of the inner frame body being brought into gas-tight contact with an upper face of the substrate-placing table when the inner frame body and the substrate-placing table are approached and brought into contact with each other” [0007]) the fluid abatement component (Annotated Fig. 2(c), “substrate placing table 7” [0029]) to form a seal (“to form a vacuum partition wall defining a vacuum chamber by gas-tightly and slidably sealing the lower end of the upper frame member to the peripheral portion of the lower plate member, to bring the lower end face of the inner frame body into gas-tight contact with the upper face of the substrate-placing table” [0007]).
Regarding claim 10, Ito further discloses wherein the bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) is arranged to provide heated air (“a pressure-elevated air or the like is introduced into the vacuum chamber under heating” [0041]; “the lower heater plate 5 functions as a heater for preheating a substrate or thermally curing an adhesive” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from below.
Regarding claim 12, Ito discloses a system (Fig. 1, “a vacuum thermally bonding apparatus” [0006]) comprising:
a processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) including a processing unit (Annotated Fig. 2(b), “semiconductor element B” [0002]), a thermal solution (Annotated Fig. 2(b), “condenser” of the “element B” [0002]), and a thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]) operable to couple (“a semiconductor, a resistance and/or a condenser to a substrate is to be bonded or sealed to a substrate, they are bonded together with use of an insulating adhesive or an electroconductive adhesive between the substrate and the element” [0002]) the processing unit (Annotated Fig. 2(b), “semiconductor element B” [0002]) and the thermal solution (Annotated Fig. 2(b), “condenser” of the “element B” [0002]); and
a baking system including (Annotated Fig. 2(d),”baking system”):
a receiving base (Annotated Fig. 2(b), “lower plate member 6” [0029]) operable to receive (Annotated Fig. 2(c), “a lower plate member 6 is placed on an upper face of the lower heater plate 5, and a substrate-placing table 7 is placed on an upper face of the lower plate member” [0030]) the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]);
an upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) operable to provide heat (“The upper heater 11 functions as a heater for softening a film” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to cure the thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]), wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) directs heat (“The upper heater 11 functions as a heater for softening a film” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from above the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]); and
a bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) operable to provide heat (“the lower heater plate 5 functions as a heater” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to cure (“the lower heater plate 5 functions as a heater for preheating a substrate or thermally curing an adhesive” [0031]) the thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]), wherein the bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) directs heat to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from below the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) opposite the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]).
In addition to structural limitations, claim 12 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “to cure the thermal interface material” in line 8 of the claim. When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.
Regarding claim 13, Ito further discloses wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) includes an outer enclosure (Annotated Fig. 2(b), “upper frame member 12” [0029]), wherein when the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) is positioned over the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to provide the heat (“The upper heater 11 functions as a heater” [0031]), the outer enclosure (Annotated Fig. 2(b), “upper frame member 12” [0029]) encases (“the upper heater plate 11 and the upper frame body 12 are movable integrally up and down by means of the press cylinder 14” [0033]; “(i) an upper frame member arranged gas-tightly on a lower face of the upper heater plate, a lower end of the upper frame member being gas-tightly sealable on a peripheral portion of the lower plate member” [0007]) the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
Regarding claim 14, Ito further discloses wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) includes an inner enclosure (Annotated Fig. 2(b), “inner frame body 13” [0029]) received in (“(j) an inner frame body attached to a lower face of the upper heater plate within the upper frame member” [0007]) the outer enclosure (Annotated Fig. 2(b), “upper frame member 12” [0029]), wherein when the upper enclosure (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) is positioned over the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to provide the heat (“The upper heater 11 functions as a heater” [0031]), the inner enclosure (Annotated Fig. 2(b), “inner frame body 13” [0029]) encases (“slidably sealing the lower end of the upper frame member to the peripheral portion of the lower plate member, to gas-tightly bring the lower end face of the inner frame body into contact with the upper face of the substrate-placing table” [0007]) the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
Regarding claim 15, Ito further discloses wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) includes an above-board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) received in the inner enclosure (Annotated Fig. 2(b), “inner frame body 13” [0029]), the above-board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) operable to provide the heat to (“The upper heater 11 functions as a heater” [0031]) the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]), wherein when the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) is positioned over the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to provide the heat (“The upper heater 11 functions as a heater” [0031]), the above- board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) is positioned above the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
Regarding claim 16, Ito further discloses wherein the above-board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) is operable to convert electrical energy into heat through resistance (Examiner note: the upper heater plate functions as a heater, and heaters work by converting electrical energy into heat through electrical resistance).
Regarding claim 17, Ito further discloses wherein the bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) is arranged to direct heated air (“a pressure-elevated air or the like is introduced into the vacuum chamber under heating” [0041]; “the lower heater plate 5 functions as a heater for preheating a substrate or thermally curing an adhesive” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 20140033518 A1) in view of Morreale (US 4220845 A).
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Fig. 1 (Morreale)
Regarding claim 9, Ito further discloses wherein the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) is slidably coupled (“slidably sealing the lower end of the upper frame member to the peripheral portion of the lower plate member, to gas-tightly bring the lower end face of the inner frame body into contact with the upper face of the substrate-placing table” [0007]) to the receiving base (Annotated Fig. 2(b), “lower plate member 6” [0029]) such that the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) is slidably positionable (“slidably sealing the lower end of the upper frame member to the peripheral portion of the lower plate member, to gas-tightly bring the lower end face of the inner frame body into contact with the upper face of the substrate-placing table” [0007]) over the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to provide the heat (“The upper heater 11 functions as a heater” [0031]).
Ito does not explicitly disclose wherein the upper portion is pivotably coupled to the receiving base such that the upper portion is pivotably positionable over the processing unit assembly.
However, Morreale discloses a baking system (“Apparatus for soldering a plurality of conductors” [Abstract]) wherein the upper portion (Morreale’s Fig. 1, “pivotable frame 5” and “heater bar 19” [Col. 5, lines 52-66]) is pivotably coupled (“frame 5 to pivot about pins 7 and 9” [Col. 5, lines 52-66]) to the receiving base (Morreale’s Fig. 1, “base 1” and “bracket 3” [Col. 3, lines 14-24] and [Col. 5, lines 52-66]) such that the upper portion (Morreale’s Fig. 1, “pivotable frame 5” and “heater bar 19” [Col. 5, lines 52-66]) is pivotably positionable (“The heater bar carrying end of frame 5 is thus controllably lowered toward the circuit card - flat cable assembly disposed directly below the heater bar” [Col. 5, lines 52-66]) over the processing unit assembly (Morreale’s Fig. 1, “circuit card - flat cable assembly” [Col. 5, lines 52-66]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted Ito’s sliding coupling with Morreale’s pivoting coupling, because the substitution of one known mechanical coupling for another would have yielded predictable results of having an upper portion that is capable of attaching and detaching from the receiving base. KSR International Co. v. Teleflex Inc., 550 US 398, 82 USPQ2d 1385 (2007).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 20140033518 A1) in view of Lewis et al. (US 20240138074 A1), hereinafter Lewis.
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Regarding claim 11, Ito does not explicitly disclose wherein the receiving base forms an inlet aperture in fluid communication with the bottom portion such that the heated air from the bottom portion flows towards the processing unit assembly from below through the inlet aperture.
However, Lewis discloses a baking system (Annotated Fig. 6, “Baking System”) wherein the receiving base (Annotated Fig. 6, “Receiving Base”) forms an inlet aperture (Annotated Fig. 6 “heated gas 76 through a nozzle” [0043]) in fluid communication with the bottom portion (Annotated Fig. 6, “Bottom Portion”) such that the heated air (Annotated Fig. 6, “heated gas 76” [0043]) from the bottom portion (Annotated Fig. 6, “Bottom Portion”) flows towards (“forcing a heated gas 76 through a nozzle which is lowered close to the board 55” [0043]) the processing unit assembly (Annotated Fig. 6, “component 50,” “board 55,” “solder paste 35, 60” [0043-0044]) from below through the inlet aperture (Annotated Fig. 6 “nozzle” [0043]).
It would have been prima facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ito to incorporate the teachings of Lewis to have inlet aperture in fluid communication with the bottom portion such that the heated air from the bottom portion flows towards the processing unit assembly. Doing so allows for solder paste, adhesive, or thermal interface material to be heated with both a heating element and heating gas, thus ensuring sufficient bonding between processing unit assembly parts, or heating of solder paste, adhesive, or thermal interface material so that parts of the processing unit assembly can be repaired or replaces, as recognized by Lewis (“A BGA rework station 70 is a machine that can be used to refinish, or repair printed circuit boards (PCBs) with ball grid array (BGA) packaging and surface-mounted devices (SMDs). These rework stations allow the technicians to remove defected parts, reinstall incorrectly placed parts or replace any missing part in the PCBs. Generally, the BGA rework station works by forcing a heated gas 76 through a nozzle which is lowered close to the board 55. Additionally, in the embodiment depicted in FIG. 6, the BGA rework station 70 includes backside heating elements 75. The backside heating element 70 can work in combination with the heating gas 76 to increase the temperature of the solder 30, 65” [0043]).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 20140033518 A1) in view of Dahringer et al (US 5365656 A), hereinafter Dahringer.
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Regarding claim 18, Ito discloses a method (“a vacuum thermal bonding method” [0001]) comprising:
Receiving (Annotated Fig. 2(c), “a lower plate member 6 is placed on an upper face of the lower heater plate 5, and a substrate-placing table 7 is placed on an upper face of the lower plate member” [0030]), by a receiving base (Annotated Fig. 2(b), “lower plate member 6” [0029]) of a baking system (Annotated Fig. 2(d),”baking system”), a processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) which includes a processing unit (Annotated Fig. 2(b), “semiconductor element B” [0002]), a thermal solution (Annotated Fig. 2(b), “condenser” of the “element B” [0002]), and a thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]) operable to couple (“a semiconductor, a resistance and/or a condenser to a substrate is to be bonded or sealed to a substrate, they are bonded together with use of an insulating adhesive or an electroconductive adhesive between the substrate and the element” [0002]) the processing unit (Annotated Fig. 2(b), “semiconductor element B” [0002]) and the thermal solution (Annotated Fig. 2(b), “condenser” of the “element B” [0002]);
providing heat (“The upper heater 11 functions as a heater” [0031]), by an upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) of the baking system (Annotated Fig. 2(d),”baking system”), to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from above the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to soften (“The upper heater 11 functions as a heater for softening a film” [0031]); and
providing heat (“the lower heater plate 5 functions as a heater” [0031]), by a bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) of the baking system (Annotated Fig. 2(d),”baking system”), to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) from below the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]) to cure (“the lower heater plate 5 functions as a heater for preheating a substrate or thermally curing an adhesive” [0031]) the thermal interface material (Annotated Fig. 2(b), “insulating or electroconductive adhesive C” [0002]).
Ito does not explicitly disclose providing heat, by an upper portion of the baking system, to cure the thermal interface material.
However, Dahringer discloses a method (“a process of batch assembly” [Col. 2, lines 18-19]) providing heat (“heating may be provided from the top of the apparatus in the manner similar to that for heating the bottom portion of the apparatus” [Col. 6, lines 14-16]), by an upper portion (Fig. 5, “platen 20” [Col. 6, line 1]) of the baking system (Fig. 5, “apparatus 11” [Col. 5, line 68]), to cure (“Assembled boards were placed into apparatus 11 which was then placed between platens 20 and 21 where the adhesive interconnection was cured under heat and pressure as illustrated in FIG. 5” [Col. 5, lines 67-68 – Col.6, lines ]) the thermal interface material (“adhesive interconnection” [Col. 6, lines 1-2]).
It would have been prima facia obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ito to incorporate the teachings of Dahringer to have the upper portion of the baking system cure the thermal interface material. Doing so allows for curing of a wider variety of components or adhesive matrix formulations and quicker curing times, as recognized by Dahringer (“Heat may be supplied in a variety of ways, such as a) hot plates positioned between base 12 and lower platen, 21; b) heating coils imbedded in the base; or c) suitable heating means provided in the lower platen, e.g. heating coils, electrical, hot water or steam heating to provide heat within the desired range. Additional heating may be provided from the top of the apparatus in the manner similar to that for heating the bottom portion of the apparatus” [Col. 6, lines 8-16]; “the overhead heating need to be only a fraction of that needed for the bottom heating and is primarily to avoid cooling of base 12 and lower platen 21 by parts of the apparatus, e.g. lid 15 and upper platen 20, so as to avoid increase in the curing time” [Col. 6, lines 16-21]; “the heating arrangement may be reversed, with the higher preferred temperatures being applied from above and the lower from below apparatus 11” [Col. 6, 23-26]).
Regarding claim 19, Ito further comprises providing, by an exhaust conduit (Annotated Fig. 2(b), “vacuuming/pressurizing opening 16” [0029]) in communication with the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]), evacuation of air, humidity, and/or liquid (“In the upper frame member 12 is provided a vacuuming/pressurizing opening 16 for vacuuming/pressurizing the vacuum chamber” [0035]) from the outer chamber (Annotated Fig. 2(b), “upper frame member 12” [0029]) from the baking system (Annotated Fig. 2(d),”baking system”).
Regarding claim 20, Ito further discloses wherein when the upper portion (Annotated Fig. 2(b), “upper heater plate 11” and “upper frame member 12” [0029]) provides the heat (“The upper heater 11 functions as a heater” [0031]) from above, an above-board heating element (Annotated Fig. 2(b), “upper heater plate 11” [0029]) converts electrical energy into heat through resistance (Examiner note: the upper heater plate functions as a heater, and heaters work by converting electrical energy into heat through electrical resistance), and wherein when the bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) provides the heat (“the lower heater plate 5 functions as a heater” [0031]) from below, the bottom portion (Annotated Fig. 2(b), “lower heater plate 5” [0029]) directs heated air (“a pressure-elevated air or the like is introduced into the vacuum chamber under heating” [0041]; “the lower heater plate 5 functions as a heater for preheating a substrate or thermally curing an adhesive” [0031]) to the processing unit assembly (Annotated Fig. 2(b), “substrate A,” “a semiconductor, a resistance and/or a condenser element B,” “insulating or electroconductive adhesive C,” and “pressurizing release film D” [0002] and [0035]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Regarding claims 1, 12, and 18, Juskey et al. (WO 0069239 A1), hereinafter Juskey, discloses:
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Fig. 5 (Juskey)
A baking system (Fig. 1, “heated press” [Abstract])
A receiving base (Fig. 2, “kraft paper 36” [Pg. 10, lines 7-14])
Processing unit assembly (Fig. 5, “BGA semiconductor package” [Pg. 12, line 15])
Processing unit (Fig. 5, “semiconductor chip 64” [Pg. 12, line 21])
Thermal solution (Fig. 1, “heat sink/slug 20” [Abstract])
Thermal interface material (“epoxy” [Abstract])
Upper portion (Fig. 1, upper most “platen 12” [Abstract])
Bottom portion (Fig. 1, bottom most “platen 12” [Abstract])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA ELIZABETH ULATOWSKI whose telephone number is (571)272-3322. The examiner can normally be reached 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.E.U./Examiner, Art Unit 3761 09/03/2026
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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