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
Applicant’s election without traverse of Invention I (claims 1-15) and Species A (Fig. 1A and step 204 of Fig. 2; allegedly claims 1-15) in the reply filed on 3.12.2026 is acknowledged.
The applicant alleges claims 1-15 read on Species A (Fig. 1A and step 204 of Fig. 2) but claim 9 recites “wherein the cap includes a die attach adhesive that forms: a lid of the closed reference pressure cavity that is spaced apart from the second side of the first semiconductor die along the third direction; and a sidewall of the closed reference pressure cavity” which is not a feature of Species A (Fig. 1A and step 204 of Fig. 2) because Fig. 1A requires a cap that includes a third semiconductor die (116) that forms a lid. Claim 9 is drawn to non-elected Species B (Fig. 1B and step 206 of Fig. 2) which includes a cap (134) includes a die attach adhesive material. Therefore, claim 9 is further withdrawn by the examiner.
Claims 9 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species/invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3.12.2026.
Claim Objections
Claims is objected to because of the following informalities:
In claim 2, “comprising a die attach pad laterally spaced apart from and (delete “and”) at least a portion of the opening of the package structure in a plane of the first and second directions and partially enclosed by the package structure, wherein the second semiconductor die is attached to the die attach pad” is grammatically confusing due to the presence of the term “and” emphasized above. The examiner suggests deleting the term “and”.
In claim 5, delete “(118)” and “(119)” to simplify the claim; no other claimed elements include reference labels.
In claim 12, “comprising a die attach pad laterally spaced apart from and (delete “and”) at least a portion of the opening of the package structure in a plane of the first and second directions and partially enclosed by the package structure, wherein the second semiconductor die is attached to the die attach pad” is grammatically confusing due to the presence of the term “and” emphasized above. The examiner suggests deleting the term “and”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102 and 35 USC § 103
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.
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.
Claims 1-4, 6-7 and 10-15 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Wei et al. (US 20080083957 A1).
Regarding claim 1, Wei discloses an electronic device (Fig. 1), comprising:
a package structure (at least 40) having opposite first (bottom) and second (top) sides, opposite third (left/right) and fourth (right/left) sides that are spaced apart from one another along a first direction (horizontal in Fig. 1), opposite fifth (front/back since Fig. 1 is a cross-sectional view only) and sixth sides (back/front) that are spaced apart from one another along a second direction (into/out of the page, Fig. 1) that is orthogonal to the first direction, the first (bottom) and second (top) sides being spaced apart from one another along a third direction (vertical, Fig. 1) that is orthogonal to the first and second directions, and the package structure (at least 40) having an opening (24 and area above it) extending into the first side (bottom) along the third direction (thickness);
a first semiconductor die (31) having a first side (311/312) exposed in the opening of the package structure and an opposite (top) second side partially enclosed (per 331) by the package structure; and
a second semiconductor die (32) electrically connected to the first semiconductor die (31, via 322), the second semiconductor die enclosed by the package structure and laterally spaced apart from the first semiconductor die (Fig. 1).
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The examiner takes the position “opposite fifth and sixth sides that are spaced apart from one another along a second direction that is orthogonal to the first direction” and “a third direction that is orthogonal to the first and second directions” are inherent because Fig. 1 is a 2D representation of a 3D object which must comprise a volume into/out of the page in Fig. 1.
However, in the event Wei fails to disclose said fifth and six sides as well as the second direction claimed, which the examiner does not concede, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to select a cuboid shape for the package structure claimed since cuboid shapes are common and well-known shapes of semiconductor packages and selection of this shape is within the skillset of one skilled in the art and would have yielded predictable results. Furthermore, it has been held that a change in size/shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 IV.
Regarding claim 2, Wei discloses the electronic device of claim 1, comprising a die attach pad (labeled above; MPEP 2111, a pad onto which a die is attached) laterally spaced apart from
Regarding claim 3, Wei discloses the electronic device of claim 2, wherein the die attach pad (labeled above) has a side (bottom) that is (at least) partially exposed outside the package structure (as 40) along the first side (bottom of 40, Fig. 1).
Regarding claim 4, Wei discloses the electronic device of claim 1, wherein the first semiconductor die (31) is (at least capable) configured to detect a sensed pressure of the first side (bottom) of the first semiconductor die relative to a pressure of the second side (top) of the first semiconductor die and to provide an electrical signal (via 322) to the second semiconductor die (32) based on the sensed pressure (Fig. 1, no additional structure is claimed and only intended use/functional limitations are recited. The prior art of record meets the intended use/functional limitations of the claim per MPEP 2112 and/or 2114. Wei discloses “Sound reaches and causes the diaphragm 311 to deflect in response to the pressure thereof. Thus, the capacitance of the MEMS microphone 30 varies”, “The chamber 331 allows the vibration produced by the diaphragm 311” and “the ASIC 32 is electrically connected to the MEMS microphone 31 by at least one wire 32” at [0020-0022] which indicates Wei’s disclosure is at least capable of meeting the intended use/functional limitations of the claim per MPEP 2112 and/or 2114).
Regarding claim 6, Wei discloses the electronic device of claim 1, wherein:
the first side (311/312) of the first semiconductor die (31) is spaced apart from the first side (bottom) of the package structure (as 40 plus unlabeled layer between 31 and 20) along the third direction (vertical); and
the package structure has sidewalls (annotated above) of the opening that extend along the third direction (vertical) from the first side (311/312) of the first semiconductor die to the first side (bottom) of the package structure (as 40 plus unlabeled layer between 31 and 20, Fig. 1).
Regarding claim 7, Wei discloses the electronic device of claim 1, comprising a cap (33) attached to the second side (top) of the first semiconductor die (31) and forming a closed reference pressure cavity (331) above a portion of the second side of the first semiconductor die (Fig. 1).
Regarding claim 10, Wei discloses the electronic device of claim 7, wherein the first semiconductor die (31) is (at least capable) configured to detect a sensed pressure of the first side relative (311/312) to a pressure of the reference pressure cavity (331) and to provide an electrical signal (per 322) to the second semiconductor die based on the sensed pressure (Fig. 1, no additional structure is claimed and only intended use/functional limitations are recited. The prior art of record meets the intended use/functional limitations of the claim per MPEP 2112 and/or 2114. Wei discloses “Sound reaches and causes the diaphragm 311 to deflect in response to the pressure thereof. Thus, the capacitance of the MEMS microphone 30 varies”, “The chamber 331 allows the vibration produced by the diaphragm 311” and “the ASIC 32 is electrically connected to the MEMS microphone 31 by at least one wire 32” at [0020-0022] which indicates Wei’s disclosure is at least capable of meeting the intended use/functional limitations of the claim per MPEP 2112 and/or 2114).
Regarding claim 11, Wei discloses a system, comprising:
a circuit board ([0019] – “the substrate 20 is electrically connected to a circuit board”); and
an electronic device (Fig. 1 annotated above) attached to the circuit board and comprising a package structure (at least 40) and first (31) and second (32) semiconductor dies;
the package structure having opposite first (bottom) and second (top) sides, opposite third and fourth sides (left and right) that are spaced apart from one another along a first direction (horizontal), opposite fifth and sixth sides (front and back) that are spaced apart from one another along a second direction (into the page) that is orthogonal to the first direction, the first and second sides being spaced apart from one another along a third direction (thickness direction) that is orthogonal to the first and second directions, and the package structure having an opening (Fig. 1 above) extending into the first side along the third direction;
the first semiconductor die (31) having a first side (311/312) exposed in the opening of the package structure and an opposite second (top) side partially enclosed (per 33) by the package structure; and
the second semiconductor die (32) electrically connected (per 322) to the first semiconductor die, the second semiconductor die enclosed by the package structure and laterally spaced apart from the first semiconductor die (Fig. 1 above).
The examiner takes the position “opposite fifth and sixth sides that are spaced apart from one another along a second direction that is orthogonal to the first direction” and “a third direction that is orthogonal to the first and second directions” are inherent because Fig. 1 is a 2D representation of a 3D object which must comprise a volume into/out of the page in Fig. 1.
However, in the event Wei fails to disclose said fifth and six sides as well as the second direction claimed, which the examiner does not concede, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to select a cuboid shape for the package structure claimed since cuboid shapes are common and well-known shapes of semiconductor packages and selection of this shape is within the skillset of one skilled in the art and would have yielded predictable results. Furthermore, it has been held that a change in size/shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 IV.
Regarding claim 12, Wei discloses the system of claim 11, comprising a die attach pad (labeled above; MPEP 2111, a pad onto which a die is attached) laterally spaced apart from
Regarding claim 13, Wei discloses the system of claim 11, wherein:
the first side (311/312) of the first semiconductor die (31) is spaced apart from the first side (bottom) of the package structure (as 40 plus unlabeled layer between 31 and 20) along the third direction (vertical); and
the package structure has sidewalls (annotated above) of the opening that extend along the third direction (vertical) from the first side (311/312) of the first semiconductor die to the first side (bottom) of the package structure (as 40 plus unlabeled layer between 31 and 20, Fig. 1).
Regarding claim 14, Wei discloses the system of claim 11, comprising a cap (33) attached to the second side (top) of the first semiconductor die (31) and forming a closed reference pressure cavity (331) above a portion of the second side of the first semiconductor die (Fig. 1).
Regarding claim 15, Wei discloses the system of claim 14, wherein the first semiconductor die (31) is (at least capable) configured to detect a sensed pressure of the first side relative (311/312) to a pressure of the reference pressure cavity (331) and to provide an electrical signal (per 322) to the second semiconductor die based on the sensed pressure (Fig. 1, no additional structure is claimed and only intended use/functional limitations are recited. The prior art of record meets the intended use/functional limitations of the claim per MPEP 2112 and/or 2114. Wei discloses “Sound reaches and causes the diaphragm 311 to deflect in response to the pressure thereof. Thus, the capacitance of the MEMS microphone 30 varies”, “The chamber 331 allows the vibration produced by the diaphragm 311” and “the ASIC 32 is electrically connected to the MEMS microphone 31 by at least one wire 32” at [0020-0022] which indicates Wei’s disclosure is at least capable of meeting the intended use/functional limitations of the claim per MPEP 2112 and/or 2114).
Claims 2-3, 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US 20080083957 A1) in view of Lo (US 20160069763 A1).
Regarding claim 2, alternative rejection, Wei fails to disclose the electronic device of claim 1, comprising a die attach pad laterally spaced apart from and at least a portion of the opening of the package structure in a plane of the first and second directions and partially enclosed by the package structure, wherein the second semiconductor die is attached to the die attach pad.
Lo discloses (Fig. 4) a die attach pad (left part of 404 under 414) laterally spaced apart from and at least a portion of the opening (410) of the package structure (408) in a plane of the first and second directions (horizontal and into the page) and partially enclosed by the package structure, wherein the second semiconductor die (414) is attached to the die attach pad.
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It would have been obvious to one of ordinary skill in the art, before the effective filing date, to include the lead frame of Lo in Wei and arrive at the claimed invention because lead frames are well-known and understood packaging substrates which allow for electrical interconnection of package devices and their use were within the skillset of one of ordinary skill in the art and would have yielded predictable results.
Regarding claim 3, alternative rejection, Wei/Lo discloses the electronic device of claim 2, wherein the die attach pad has a side (bottom) that is partially exposed outside the package structure along the first side (bottom of 408, Fig. 4).
Regarding claim 5, Wei fails to disclose the electronic device of claim 1, comprising: a conductive lead partially enclosed be the package structure and having a side that is partially exposed outside the package structure along the first side; a first bond wire (118) electrically connected between the first semiconductor die and the second semiconductor die; and a second bond wire (119) electrically connected between the second semiconductor die and the conductive lead.
Lo discloses a conductive lead (406) partially enclosed be the package structure (408) and having a side (bottom) that is partially exposed outside the package structure along the first side (bottom of 408); a first bond wire (118) (418) electrically connected between the first semiconductor die (412) and the second semiconductor die (414); and a second bond wire (119) (418) electrically connected between the second semiconductor die (414) and the conductive lead (406, Fig. 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to include the lead frame and bond wires of Lo in Wei and arrive at the claimed invention because lead frames and bond wires are well-known and understood packaging substrates and interconnection element which allow for electrical interconnection of package devices and their use were within the skillset of one of ordinary skill in the art and would have yielded predictable results.
Regarding claim 12, alternative rejection, Wei fails to disclose the system of claim 11, comprising a die attach pad laterally spaced apart from and at least a portion of the opening of the package structure in a plane of the first and second directions and partially enclosed by the package structure, wherein the second semiconductor die is attached to the die attach pad.
Lo discloses (Fig. 4) a die attach pad (left part of 404 under 414) laterally spaced apart from and at least a portion of the opening (410) of the package structure (408) in a plane of the first and second directions (horizontal and into the page) and partially enclosed by the package structure, wherein the second semiconductor die (414) is attached to the die attach pad.
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It would have been obvious to one of ordinary skill in the art, before the effective filing date, to include the lead frame of Lo in Wei and arrive at the claimed invention because lead frames are well-known and understood packaging substrates which allow for electrical interconnection of package devices and their use were within the skillset of one of ordinary skill in the art and would have yielded predictable results.
Allowable Subject Matter
Claim 8 is 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.
The following is a statement of reasons for the indication of allowable subject matter: wherein the cap includes a third semiconductor die that forms a lid of the closed reference pressure cavity that is spaced apart from the second side of the first semiconductor die along the third direction, and a die attach adhesive that forms a sidewall of the closed reference pressure cavity is not disclose nor suggested by the prior art. Wei et al. (US 20080083957 A1) uses a cover 33 (Fig. 1) and not a third semiconductor die nor a die attach adhesive as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7923791 B2 to Huang et al discloses a packaged MEMS device (Fig. 1) and US 20140103464 A1 to Bolognia et al. discloses a packaged MEMS device (Fig. 4)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRES MUNOZ whose telephone number is (571)270-3346. The examiner can normally be reached 8AM-5PM Central Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eva Montalvo can be reached at (571)270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Andres Munoz/ Primary Examiner, Art Unit 2818
Prosecution Insights