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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: ELECTRICAL AND/OR ELECTRONIC DEVICE COMPRISING ELECTRICAL AND/OR ELECTRONIC ASSEMBLY FORMED ON COOLING DEVICE
Claim Objections
Claims 8-10 are objected to because of the following informalities:
Regarding claim 8, it appears that “an electrical and/or electronic assembly” in line 1 should be changed to, as a suggestion, “an electrical and/or electronic device” in order to correctly refer to an electrical and/or electronic device 1 as shown in Figs. 2-3.
Regarding claim 9, “A method for manufacturing an electrical and/or electronic assembly” should be changed to “The method for manufacturing the electrical and/or electronic device”.
Regarding claim 10, “an electrical and/or electronic assembly” should be changed to “the electrical and/or electronic device”.
Appropriate corrections are 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.
Claims 1 and 8 with the limitation “means of an intermediate layer” are being interpreted under 35 U.S.C. 112(f).
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 § 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.
(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 1-3, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goel et al. (US 2016/0294340 A1; hereinafter “Goel”).
Regarding claim 1, Goel teaches an electrical and/or electronic device (1) comprising: at least one cooling device (10) having a top side (11) (a single metal flange 102 having a top side), an electrical and/or electronic assembly (40) (a semiconductor die 120) arranged on the top (11) of the cooling device (10) having a contact surface (41) (a bottom surface of 120), wherein the contact surface (41) faces the top side (11) of the cooling device (10) and is attached to the top side (11) of the cooling device (10) by means of an intermediate layer (30) (a die attach material, not shown in Fig. 1) arranged between the cooling device (10) and the contact surface (41) of the electrical and/or electronic assembly (40), wherein on the top side (11) of the cooling device (10), a laminarly extending coating (20) (a circuit board 108) is arranged on the top side (11) of the cooling device (10), wherein the coating (20) on the top side (11) of the cooling device (10) comprises at least one recess (21) (an opening 112), in which the top side (11) of the cooling device (10) is not coated, wherein the contact surface (41) of the electrical and/or electronic assembly (40) in the recess (21) is in contact with the cooling device (10) and attached to the cooling device (10) (Fig. 1 and paragraphs 15-21).
Regarding claim 2, Goel teaches wherein the contact surface (41) of the electrical and/or electronic assembly (40) in the recess (21) of the coating (20) is soldered to the top side (11) of the cooling device (10), wherein the intermediate layer (30) is configured as a solder layer (a die attach material such as a solder, not shown in Fig. 1) (Fig. 1 and paragraph 17).
Regarding claim 3, Goel teaches wherein the cooling device (10) is formed from copper (paragraph 15).
Regarding claim 5, Goel teaches wherein the recess (21) has a larger surface extent than the contact surface (41) (Fig. 1).
Regarding claim 8, Goel teaches a method for manufacturing an electrical and/or electronic assembly, wherein the method comprises the following steps: - providing a cooling device (10) having a top side (11) (a single metal flange 102 having a top side) - coating the top side (11) of the cooling device (10) with a coating (20) (a circuit board 108), wherein the coating (20) is carried out while leaving a recess (21) (an opening 112) on the top side (11) of the cooling device (10), wherein the top side (11) of the cooling device (10) is not coated in the recess (21), - providing an electrical and/or electronic assembly (40) having a contact surface (41) (a semiconductor die 120 having a bottom surface), - arranging and attaching the contact surface (41) of the electrical and/or electronic assembly (40) in the recess (21) on the top side (11) of the cooling device (10) by means of an intermediate layer (30) (a die attach material, not shown in Fig. 1) (Fig. 1 and paragraphs 15-21).
Claims 1, 3, and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viswanathan et al. (US 2018/0153030 A1; hereinafter “Viswanathan”).
Regarding claim 1, Viswanathan teaches an electrical and/or electronic device (1) comprising: at least one cooling device (10) having a top side (11) (a heat dissipation structure 14 having a top side), an electrical and/or electronic assembly (40) (a microelectronic device 28) arranged on the top (11) of the cooling device (10) having a contact surface (41) (a bottom surface of 28), wherein the contact surface (41) faces the top side (11) of the cooling device (10) and is attached to the top side (11) of the cooling device (10) by means of an intermediate layer (30) (a device bond layer 38) arranged between the cooling device (10) and the contact surface (41) of the electrical and/or electronic assembly (40), wherein on the top side (11) of the cooling device (10), a laminarly extending coating (20) (a heat dissipation structure 16) is arranged on the top side (11) of the cooling device (10), wherein the coating (20) on the top side (11) of the cooling device (10) comprises at least one recess (21) (a central opening 22), in which the top side (11) of the cooling device (10) is not coated, wherein the contact surface (41) of the electrical and/or electronic assembly (40) in the recess (21) is in contact with the cooling device (10) and attached to the cooling device (10) (Figs. 1-2 and paragraphs 13-19).
Regarding claim 3, Viswanathan teaches wherein the cooling device (10) is formed from copper (paragraph 17).
Regarding claim 5, Viswanathan teaches wherein the recess (21) has a larger surface extent than the contact surface (41) (Figs. 1-2).
Regarding claim 6, Viswanathan teaches wherein the contact surface (41) is arranged entirely within the recess (21) of the coating (20) on the top side (11) of the cooling device (10) (Figs. 1-2).
Regarding claim 7, Viswanathan teaches wherein the intermediate layer (30) is arranged entirely within the recess (21) of the coating (20) on the top side (11) of the cooling device (10) (Figs. 1-2).
Regarding claim 8, Viswanathan teaches a method for manufacturing an electrical and/or electronic assembly, wherein the method comprises the following steps: - providing a cooling device (10) having a top side (11) (a heat dissipation structure 14 having a top side) - coating the top side (11) of the cooling device (10) with a coating (20) (a heat dissipation structure 16), wherein the coating (20) is carried out while leaving a recess (21) (a central opening 22) on the top side (11) of the cooling device (10), wherein the top side (11) of the cooling device (10) is not coated in the recess (21), - providing an electrical and/or electronic assembly (40) having a contact surface (41) (a microelectronic device 28 having a bottom surface), - arranging and attaching the contact surface (41) of the electrical and/or electronic assembly (40) in the recess (21) on the top side (11) of the cooling device (10) by means of an intermediate layer (30) (a device bond layer 38) (Figs. 1-2 and paragraphs 13-19).
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 4 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Viswanathan.
Regarding claim 4, Viswanathan does not explicitly teach that the coating is formed from nickel. However, with Viswanathan teaching the coating (the heat dissipation structure 16) formed of a metal having a high thermal conductivity (paragraph 17) and the high thermal conductivity metal materials such as aluminum, copper, or nickel is listed for the heatsink 18 (paragraph 16), it would have been obvious to one of ordinary skill in the art to utilize one of readily available high thermal conductivity material such as nickel for the material of the coating in order to obtain the desired high thermal conductivity characteristics.
Regarding claims 9-10, Viswanathan does not explicitly teach a step of masking the top side of the cooling device by masking prior to coating the top side of the cooling device with the coating. Nevertheless, it would have been obvious to one of ordinary skill in the art to provide a masking pattern only in a region where the recess is to be formed with either soft or hard masking material on the top side of the cooling device prior to coating step in order to effectively provide the recess formed in the coating exposing the top side of the cooling device after completing the coating step and performing the removing step of the masking pattern as one of well-known patterning processes known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL B WHALEN whose telephone number is (571)270-3418. The examiner can normally be reached on M-F: 8AM-5PM.
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/DANIEL WHALEN/Primary Examiner, Art Unit 2893