Prosecution Insights
Last updated: July 17, 2026
Application No. 18/438,421

SQUARE THERMAL VIA

Non-Final OA §102§103
Filed
Feb 10, 2024
Examiner
DIAZ, JOSE R
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
820 granted / 946 resolved
+18.7% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
14 currently pending
Career history
968
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 946 resolved cases

Office Action

§102 §103
CTNF 18/438,421 CTNF 77450 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-36-01 AIA Figure s 1A, 1B, and 1C should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2, 4, 6-8, 10 and 14-15 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ohhashi et al. (US 2022/0020658) . Regarding claim 1, Ohhashi discloses a semiconductor module, comprising: a die (103) comprising one or more die pads (107) on a lower surface of the die [Fig. 8]; a first substrate (114) below the die [Fig. 8]; one or more first thermal vias (109) formed within the first substrate, the one or more first thermal vias (109) being thermally coupled with the one or more die pads (107), and the one or more first thermal vias having a shape that is non-circular [Fig. 8 and paragraphs 0081, 0088, 0128, 0131 and 0133]; a second substrate (113) below the first substrate (114), the first and second substrates being formed from different materials (core vs prepreg) [Fig. 8 and paragraph 0129]; and one or more second thermal vias (108) formed within the second substrate, the one or more second thermal vias (108) being thermally coupled with the one or more first thermal vias (109) [Fig. 8 and paragraph 0133]. Regarding claim 2, Ohhashi discloses wherein the first substrate comprises a photo imageable dielectric (PID), or wherein the second substrate comprises a prepreg, or both [paragraph 0129]. Regarding claim 4, Ohhashi discloses wherein at least one first thermal via (109) is in direct contact with at least one die pad (107) [Fig. 8]. Regarding claim 6, Ohhashi discloses wherein the one or more first thermal vias (109) is in direct contact with at least one second thermal via (108) [Fig. 8]. Regarding claim 7, Ohhashi discloses wherein the one or more first thermal vias (109) and the one or more second thermal vias (108) are formed from a same metal [paragraph 0131]. Regarding claim 8, Ohhashi discloses wherein the one or more first thermal vias and the one or more second thermal vias are formed from copper (Cu) [paragraph 0131]. Regarding claim 10, Ohhashi discloses: a third substrate (114) below the second substrate (113) [Fig. 8]; and one or more third thermal vias (109) formed within the third substrate, the one or more third thermal vias (109) being thermally coupled with the one or more second thermal vias (108), and the one or more third thermal vias having a shape that is non-circular [Fig. 8 and paragraphs 0081, 0088, 0128, 0131 and 0133]. Regarding claim 14, Ohhashi discloses wherein the one or more third thermal vias (109) are formed from copper (Cu) [paragraph 0131]. Regarding claim 15, Ohhashi discloses wherein the semiconductor module is incorporated into an apparatus selected from the group consisting of a music player, a video player, an entertainment unit, a navigation device, a communications device, a mobile device, a mobile phone, a smartphone, a personal digital assistant, a fixed location terminal, a tablet computer, a computer, a wearable device, an Internet of things (IoT) device, a laptop computer, a server, and a device in an automotive vehicle [paragraph 0003-0004 and 0044] . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 3, 5, 13, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ohhashi et al. (US 2022/0020658) . Regarding claims 3, 5 and 13, Ohhashi teaches rectangular holes [paragraph 0081] and/or circular holes [paragraph 0083]. However, Ohhashi does not limit the scope of the invention to an specific shape [paragraphs 0036 and 0039]. Hence, changing the shape of the via to be a circle or a square is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed via is significant. See In re Dailey , 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Regarding claim 16, Ohhashi discloses a method of fabricating a semiconductor module, the method comprising: providing a die (103) comprising one or more die pads (107) on a lower surface of the die [Fig. 8]; forming a first substrate (114) below the die [Fig. 8]; forming one or more first thermal vias (109) within the first substrate (114), the one or more first thermal vias (109) being thermally coupled with the one or more die pads (107), and the one or more first thermal vias having a shape that is non-circular [Fig. 8 and paragraphs 0081, 0088, 0128, 0131 and 0133]; forming a second substrate (113) below the first substrate (114), the first and second substrates being formed from different materials (core vs prepreg) [Fig. 8 and paragraph 0129]; and forming one or more second thermal vias (108) within the second substrate (114), the one or more second thermal vias (108) being thermally coupled with the one or more first thermal vias (109) [Fig. 8 and paragraph 0133]. In regards to the recited order of steps, the court has held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. In re Burhans , 154 F.2d 690, 69 USPQ 330 (CCPA 1946). Regarding claim 17, Ohhashi discloses wherein the first substrate comprises a photo imageable dielectric (PID), or wherein the second substrate comprises a prepreg, or both [paragraph 0129]. Regarding claim 18, Ohhashi teaches rectangular holes [paragraph 0081] and/or circular holes [paragraph 0083]. However, Ohhashi does not limit the scope of the invention to an specific shape [paragraphs 0036 and 0039]. Hence, changing the shape of the via to be a circle or a square is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed via is significant. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9, 11-12, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE R DIAZ whose telephone number is (571)272-1727. The examiner can normally be reached Monday-Friday. 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, Joshua Benitez can be reached at 571-270-1435. 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. /Jose R Diaz/Primary Examiner, Art Unit 2815 Application/Control Number: 18/438,421 Page 2 Art Unit: 2815 Application/Control Number: 18/438,421 Page 3 Art Unit: 2815 Application/Control Number: 18/438,421 Page 4 Art Unit: 2815 Application/Control Number: 18/438,421 Page 5 Art Unit: 2815 Application/Control Number: 18/438,421 Page 6 Art Unit: 2815 Application/Control Number: 18/438,421 Page 7 Art Unit: 2815
Read full office action

Prosecution Timeline

Feb 10, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
94%
With Interview (+7.8%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 946 resolved cases by this examiner. Grant probability derived from career allowance rate.

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