DETAILED ACTION
This action is responsive to U.S. Patent Application No. 18/483,377 filed on 6 October 2023.
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 .
Information Disclosure Statement
Acknowledgment is made of Applicant' s Information Disclosure Statement(s) (IDS). The IDS(es) has/have been considered.
Election/Restrictions
Applicant timely traversed the restriction (election) requirement in the reply filed on 16 January 2026.
The Examiner satisfied each of the criteria for establishing a proper restriction requirement in the Requirement for Restriction/Election mailed 29 December 2025.
There are two criteria for a proper requirement for restriction between patentably distinct inventions: (A) The inventions must be independent (see MPEP § 802.01, § 806.06, § 808.01) or distinct as claimed (see MPEP § 806.05 - § 806.05(j)); and (B) There would be a serious search and/or examination burden on the examiner if restriction is not required (see MPEP § 803.02, § 808, and § 808.02).
MPEP § 803(I). Regarding requirement (A), the MPEP outlines the test for distinctness between related species:
Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive. Claims to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the first. This may also be expressed by saying that to require restriction between claims limited to species, the claims must not overlap in scope.
MPEP § 806.04(f). The Examiner addresses requirement (A) in the Requirement for Restriction/Election (mailed 29 December 2025) at page 3. For clarity, Applicant’s own claim language requiring a mutually exclusive characteristic not required between species is reproduced below. For species 1:
1. A semiconductor device, comprising: an interconnect substrate including a first conductive layer and a first barrier layer formed over a first portion of the first conductive layer and a second barrier layer formed over a second portion of the first conductive layer; and an electrical component disposed over the interconnect substrate.
4. The semiconductor device of claim 1, wherein the second barrier layer includes a non-conductive material.
6. The semiconductor device of claim 4, wherein the interconnect structure further includes an insulating layer formed between the first conductive layer and second conductive layer.
U.S. Patent Publication No. 20250118599 (filed Oct. 6, 2023) at page 6 (emphasis added). For species 2:
7. A semiconductor device, comprising: an interconnect substrate including a first conductive layer and a first barrier layer formed over the first conductive layer; and an electrical component disposed over the interconnect substrate.
12. The semiconductor device of claim 7, wherein the interconnect structure further includes: a second conductive layer coupled to the first conductive layer; a third barrier layer formed over the second conductive layer; and a fourth barrier layer formed over the second conductive layer.
13. The semiconductor device of claim 12, wherein the interconnect structure further includes an insulating layer formed between the first conductive layer and second conductive layer.
Id. at 6 (emphasis added). Clearly, one embodiment requires a second barrier layer and an insulating layer, but not a fourth barrier layer and an insulating layer, and another embodiment requires a fourth barrier layer and an insulating layer but not a second barrier layer and an insulating layer, which satisfies the requirement that the claims to different species be mutually exclusive. The species also align with the embodiments disclosed by Applicant in FIGS. 2r and 3k, also noted in the Requirement for Restriction/Election. Requirement for Restriction/Election (mailed 29 December 2025) at 3. Moreover, noted in the Requirement for Restriction/Election, the species are not obvious variants of each other based on the current record. Id. at 3.
Regarding requirement (B), the MPEP outlines the search burden criteria:
For purposes of the initial requirement, a serious search burden on the examiner may be prima facie shown by appropriate explanation of separate classification, or separate status in the art, or a different field of search as defined in MPEP § 808.02. . . . A prima facie showing of serious search and/or examination burden may be rebutted by appropriate showings or evidence by the applicant.
MPEP § 803(II). The Examiner addresses requirement (B) in the Requirement for Restriction/Election (mailed 29 December 2025) at page 4. Applicant does not rebut the prima facie showing of a serious search burden it the reply filed 16 January 2026.
Accordingly, the Examiner satisfied each of the criteria for establishing a proper restriction requirement in the Requirement for Restriction/Election mailed 29 December 2025.
Applicant states:
In the present case, the Examiner has failed to establish the existence of independent or distinct species claimed in the application. In stating a basis for finding multiple independent or distinct species, the Examiner simply asserts that the claims to the different species recite the “mutually exclusive characteristics of such species.”
Applicant Argument/Remarks Made in an Amendment (filed 16 January 2025) at 3-4. The Examiner respectfully asserts that Applicant’s claims serve as definitions and descriptions of the inventions.
Applicant further states: “The Examiner does not identify the mutually exclusive characteristics of the species and does not identify which claims encompass the identified species.” Applicant Argument/Remarks Made in an Amendment (filed 16 January 2025) at 3-4. Applicant appears to argue that a restriction between mutually exclusively claimed species requires identification of the claims encompassed by the species. But see MPEP § 809.02(a) (“To be complete, a reply to a requirement made according to this section should include a proper election along with a listing of all claims readable thereon, including any claims subsequently added.”).
Accordingly, none of Applicant’s grounds of traversal are persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Applicant’s election with traverse of the Group I, Species 2 (FIG. 3k) embodiment in the reply filed on 16 January 2025 is acknowledged.
Regarding Applicant’s listing of claims 1-13 as readable on the elected species, however, the Examiner respectfully notes that claim 6 does not belong to the elected Species 2 embodiment. Claim 6 recites the limitation “The semiconductor device of claim 4, wherein the interconnect structure further includes an insulating layer formed between the first conductive layer and second conductive layer.” Applicant’s elected Species 2 embodiment is depicted in FIG. 3k, however, which encompasses a fourth barrier layer and an insulating layer but not a second barrier layer and an insulating layer.
Accordingly, claim 6 and 14-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species and inventions, there being no allowable generic or linking claim.
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.
Claims 9 and 11 are 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.
“The essential inquiry pertaining to this requirement is whether the claims set out and circumscribe a particular subject matter with a reasonable degree of clarity and particularity. ‘As the statutory language of “particular[ity]” and “distinct[ness]” indicates, claims are required to be cast in clear—as opposed to ambiguous, vague, indefinite—terms. It is the claims that notify the public of what is within the protections of the patent, and what is not.’” MPEP § 2173.02(II) (quoting In re Packard, 751 F.3d 1307, 1313 (Fed. Cir. 2014)).
Regarding Claim 9: Claim 9 states, in relevant part, “the second barrier layer includes a non-conductive material.” There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 11: Claim 11 states, in relevant part, “the second barrier layer includes a non-conductive material.” There is insufficient antecedent basis for this limitation in the claim.
Applicant may cancel the claims, amend the claims, or present a sufficient showing that the claims comply with the statutory requirements.
Appropriate correction is required.
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 1-5 and 7-13 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by U.S. Patent Publication No. 2022/0068785 (filed May 19, 2021) (hereinafter “Hong”).
Regarding independent claim 1, Hong discloses: A semiconductor device (FIG. 9, semiconductor package 10, [0051]), comprising:
an interconnect substrate (FIG. 9, lower redistribution substrate 100, [0051]) including a first conductive layer (FIG. 9, e.g., substrate pad 120, [0023]) and a first barrier layer formed over a first portion of the first conductive layer (FIG. 9, e.g., the first seed layer 142 formed over a first portion of the substrate pad 120, [0034]) and
a second barrier layer formed over a second portion of the first conductive layer (FIG. 9, e.g., the passivation layer 118 formed closest to the substrate pad 120, formed over a second portion of the substrate pad 120, [0031]); and
an electrical component disposed over the interconnect substrate (FIG. 9, e.g., a first semiconductor chip 200 formed over the lower redistribution substrate 100, [0061]).
Regarding claim 2, Hong further discloses wherein the first barrier layer includes a conductive material (FIG. 9, [0034]: “The first seed layer 142 may include or may be formed of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), nickel (Ni), or tungsten nitride (TW).”) and the second barrier layer includes a non-conductive material (FIG. 9, [0105]: “The passivation layer 118 may be formed by performing a deposition process in which a dielectric material is deposited on the first dielectric layer 122.”).
Regarding claim 3, Hong further discloses wherein the first barrier layer includes a conductive material (FIG. 9, [0034]: “The first seed layer 142 may include or may be formed of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), nickel (Ni), or tungsten nitride (TW).”).
Regarding claim 4, Hong further discloses wherein the second barrier layer includes a non-conductive material (FIG. 9, [0105]: “The passivation layer 118 may be formed by performing a deposition process in which a dielectric material is deposited on the first dielectric layer 122.”).
Regarding claim 5, Hong further discloses a second conductive layer coupled to the first conductive layer (FIG. 9, depicting, e.g., the lower wiring pattern 114 closest to the substrate pad 120, [0027]); a third barrier layer formed over a first portion of the second conductive layer (FIG. 9, e.g., the first barrier layer 116 between the lower wiring pattern 114 closest to the substrate pad 120 and the substrate pad 120, [0030]); and a fourth barrier layer formed over a second portion of the second conductive layer (FIG. 9, e.g., the passivation layer 118 closest to the lower wiring pattern 114 closest to the substrate pad 120).
Regarding independent claim 7, Hong discloses: A semiconductor device (FIG. 9, semiconductor package 10, [0051]), comprising:
an interconnect substrate (FIG. 9, lower redistribution substrate 100, [0051]) including a first conductive layer (FIG. 9, e.g., substrate pad 120, [0023]) and a first barrier layer formed over the first conductive layer (FIG. 9, e.g., the first seed layer 142 formed over the substrate pad 120, [0034]); and
an electrical component disposed over the interconnect substrate (FIG. 9, e.g., a first semiconductor chip 200 formed over the lower redistribution substrate 100, [0061]).
Regarding claim 8, Hong further discloses wherein the interconnect substrate further includes a second barrier layer formed over the first conductive layer (FIG. 9, e.g., the passivation layer 118 formed closest to the substrate pad 120, formed over the substrate pad 120, [0031]).
Regarding claim 9, Hong further discloses wherein the first barrier layer includes a conductive material (FIG. 9, [0034]: “The first seed layer 142 may include or may be formed of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), nickel (Ni), or tungsten nitride (TW).”) and the second barrier layer includes a non-conductive material (FIG. 9, e.g., the passivation layer 118 formed closest to the substrate pad; [0105]: “The passivation layer 118 may be formed by performing a deposition process in which a dielectric material is deposited on the first dielectric layer 122.”).
Regarding claim 10, Hong further discloses wherein the first barrier layer includes a conductive material (FIG. 9, [0034]: “The first seed layer 142 may include or may be formed of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), nickel (Ni), or tungsten nitride (TW).”).
Regarding claim 11, Hong further discloses wherein the second barrier layer includes a non-conductive material (FIG. 9, e.g., the passivation layer 118 formed closest to the substrate pad; [0105]: “The passivation layer 118 may be formed by performing a deposition process in which a dielectric material is deposited on the first dielectric layer 122.”).
Regarding claim 12, Hong further discloses a second conductive layer coupled to the first conductive layer (FIG. 9, depicting, e.g., the lower wiring pattern 114 closest to the substrate pad 120, [0027]); a third barrier layer formed over the second conductive layer (FIG. 9, e.g., the first barrier layer 116 between the lower wiring pattern 114 closest to the substrate pad 120 and the substrate pad 120, [0030]); and a fourth barrier layer formed over the second conductive layer (FIG. 9, e.g., the passivation layer 118 closest to the lower wiring pattern 114 closest to the substrate pad 120).
Regarding claim 13, Hong further discloses wherein the interconnect structure further includes an insulating layer formed between the first conductive layer and second conductive layer (FIG. 9, depicting, e.g., the dielectric layer 112 between the lower wiring pattern 114 closest to the substrate pad 120 and the substrate pad 120, [0027]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Publication Nos.: 2022/0102343 (filed Sept. 25, 2020); 2022/0059442 (filed Apr. 14, 2021); 2023/0290718 (filed May 19, 2023); 2022/0035984 (filed Mar. 26, 2021).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D WEILAND whose telephone number is (703)756-4760. The examiner can normally be reached Monday - Friday 9am-5pm.
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, Steven Gauthier can be reached at (571)270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM D WEILAND/Examiner, Art Unit 2813
/STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813
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