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 .
DETAILED ACTION
Status of the Claims
Applicant’s election, without traverse, of Group I, claims 1-8 in the reply filed on March 06th, 2026 is acknowledged. Non-elected invention of Group II, claims 9-18 have been withdrawn from consideration. Claims 1-18 are pending.
Action on merits of Group I, claims 1-8 as follows.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 22nd, 2023 has been considered by the examiner.
Drawings
The drawings filed on 11/22/2023 are acceptable.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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.
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 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Siepe (US 2011/0316160, hereinafter as Siep ‘160).
Regarding Claim 1, Siep ‘160 teaches a bonding structure for connecting a chip and a metal material, comprising:
a substrate (Fig. 6, (16); [0021] and [0032]) having an upper surface, wherein the upper surface includes a first metal pad (46; [0032]) and a second metal pad (46; [0032]);
a chip (11; [0029]) disposed on the first metal pad;
a metal member (47; [0029]) disposed above the chip (11);
at least one metal wire (42; [0029]) having a first end and a second end, wherein the first end is connected to an upper surface of the metal member (47), and the second end is connected to the second metal pad (46); and
an alloy connection layer (49a; [0029]) connected between the metal member and the chip, and covering at least a part of a lower surface of the metal member (see Fig. 6).
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Fig. 6 (Siep ‘160)
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.
Claims 2, 4-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Siep ‘160 as applied to claim 1 above, and further in view of Heinrich (US 2016/0358890, hereinafter as Hein ‘890).
Regarding Claim 2, Siep ‘160 teaches the metal member (47) is made of a copper foil (see para. [0031]); and the alloy connection layer (49a) is made of Ti, Ti/TiN, Ta, TaN, Ta/TaN, W, Ti/W, VaTi, VTiW, VTiN, Al/Ti/W, CrNi, CrVTi or other combinations (see para. [0029]).
Thus, Siep ‘160 is shown to teach all the features of the claim with the exception of explicitly the limitations: “the alloy connection layer is made of Au-Sn alloy”.
Hein ‘890 teaches the alloy connection layer (40; [0020]) is made of Au-Sn alloy (SnAu).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Siep ‘160 by having the alloy connection layer is made of Au-Sn alloy for the purpose of improving distribution of molten solder during the reflow process (see para. [0031]) as suggested by Hein ‘890.
Further, it has been held to be within the general skill of a worker in the art to select a Au-Sn alloy for the connection layer on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select Au-Sn alloy for the connection layer in order to improve the connectivity of the semiconductor device.
Regarding Claim 4, Siep ‘160 teaches a thickness of the alloy connection layer (49) equal or less than 1 µm.
Thus, Siep ‘160 and Hein ‘890 are shown to teach all the features of the claim with the exception of explicitly the limitations: “a thickness of the alloy connection layer ranges between 3 µm and 5 µm”.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a thickness of the alloy connection layer ranges between 3 µm and 5 µm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. The claim would have been obvious in the absence of a showing that the claimed range(s) achieve unexpected results relative to the prior art range. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Huang, 40 USPQ2d 1685, 1688 (Fed. Cir. 1996) (claimed ranges of a result effective variable, which do not overlap the prior art ranges, are unpatentable unless they produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding Claim 5, Siep ‘160 teaches the alloy connection layer (49a) is located at the center of the lower surface of the metal member (47), and an orthogonal projection of the alloy connection layer (49) that is projected onto the first metal pad is equal to an orthogonal projection of the metal member that is projected on to the first metal pad.
Thus, Siep ‘160 and Hein ‘890 are shown to teach all the features of the claim with the exception of explicitly the limitations: “an orthogonal projection of the alloy connection layer that is projected onto the first metal pad is smaller than an orthogonal projection of the metal member that is projected on to the first metal pad”.
However, it has been held to be within the general skill of a worker in the art to select an orthogonal projection of the alloy connection layer that is projected onto the first metal pad is smaller than an orthogonal projection of the metal member that is projected on to the first metal pad on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. A person of ordinary skills in the art is motivated to select an orthogonal projection of the alloy connection layer that is projected onto the first metal pad is smaller than an orthogonal projection of the metal member when this allows a good flow with the other steps in the fabrication process.
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Regarding Claim 6, Siep ‘160 teaches the alloy connection layer includes a plurality of alloy piece layers that are separated from each other (49a/49b), and the plurality of alloy piece layers are distributed on the lower surface of the metal member (47) (see Fig. 6).
Regarding Claim 8, Siep ‘160 and Hein ‘890 are shown to teach all the features of the claim with the exception of explicitly the limitations: “an orthogonal projection of the metal member that is projected onto the first metal pad is larger than an orthogonal projection of the chip that is projected onto the first metal pad”.
However, it has been held to be within the general skill of a worker in the art to select an orthogonal projection of the metal member that is projected onto the first metal pad is larger than an orthogonal projection of the chip that is projected onto the first metal pad on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. A person of ordinary skills in the art is motivated to select an orthogonal projection of the metal member that is projected onto the first metal pad is larger than an orthogonal projection of the chip that is projected onto the first metal pad when this allows a good flow with the other steps in the fabrication process.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Siep ‘160 and Hein ‘890 as applied to claim 2 above, and further in view of Erchak (US 2009/0230545, hereinafter as Erch ‘545).
Regarding Claim 3, Hein ‘890 teaches the alloy connection layer (40; [0020]) is made of Au-Sn alloy (SnAu).
Thus, Siep ‘160 and Hein ‘890 are shown to teach all the features of the claim with the exception of explicitly the limitations: “the alloy connection layer is made by electroplating or plasma evaporation”.
Erch ‘545 teaches the AuSn bonding layer is made by plasma evaporation (sputtered; [0173]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Siep ‘160 and Hein ‘890 by having the alloy connection layer is made by plasma evaporation for the purpose of improving the ohmic contact (see para. [0173]) as suggested by Erch ‘545.
Further, it has been held to be within the general skill of a worker in the art to select the electroplating or plasma evaporation methods for forming the connection layer on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select the electroplating or plasma evaporation methods for forming the connection layer in order to allow a good flow with the other steps in the fabrication process.
. Product by process limitation:
The expression “is made by electroplating or plasma evaporation”” is/are taken to be a product by process limitation and is given no patentable weight. A product by process claim directed to the product per se, no matter how actually made, In re Hirao, 190 USPQ 15 at 17 (footnote 3). See In re Fessman, 180 USPQ 324, 326 (CCPA 1974); In re Marosi et al., 218 USPQ 289, 292 (Fed. Cir. 1983); In re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972); In re Pilkington, 411 F.2d 1345, 1348, 162 USPQ 145, 147 (CCPA 1969); Buono v. Yankee Maid Dress Corp., 77 F.2d 274, 279, 26 USPQ 57, 61 (2d. Cir. 1935); and particularly In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985), all of which make it clear that it is the patentability of the final structure of the product “gleaned” from the process steps, which must be determined in a “product by process” claim, and not the patentability of the process. See also MPEP 2113. Moreover, an old and obvious product produced by a new method is not a patentable product, whether claimed in “product by process” claims or not.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Siep ‘160 as applied to claim 1 above, and further in view of Yu (US 2013/0087908, hereinafter as Yu ‘908).
Regarding Claim 3, Siep ‘160 teaches the alloy connection layer 949a) and the metal member (47).
Thus, Siep ‘160 is shown to teach all the features of the claim with the exception of explicitly the limitations: “the alloy connection layer completely covers a side surface and the lower surface of the metal member”.
Yu ‘908 teaches the alloy connection layer (seed layer, Fig. 1, (110); [0016]) completely covers a side surface and the lower surface of the metal member (metal layer, Fig. 1, (112); [0016] and [0036]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Siep ‘160 by having the alloy connection layer completely covers a side surface and the lower surface of the metal member for the purpose of improving the device performance and reliability (see para. [0003]) as suggested by Yu ‘908.
Examiner’s Note
Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims. See MPEP 2111, 2123, 2125, 2141.02 VI, and 2182.
Examiner has cited particular paragraph numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. See MPEP 2141.02 VI.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to semiconductor devices:
Otremba et al. (US 2013/0200532 A1)
Chang et al. (US 2012/0273945 A1)
Tseng et al. (US 2011/0227216 A1)
Liu (US 2011/0049705 A1)
Lau et al. (US 2010/0213608 A1)
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DZUNG T TRAN whose telephone number is (571) 270-3911. The examiner can normally be reached on M-F 8 AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached on (571) 272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DZUNG TRAN/
Primary Examiner, Art Unit 2893
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