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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/9/2026 has been entered. Claims 1-7, 9-10, 12-14 and 17-24 are pending.
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.
Claims 1, 3-7, 9, 17-20 and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiu et al. (US 2012/0037522).
Regarding claim 1, Chiu discloses a cover (at 10) for a wafer that is on a wafer frame (cover 10 is fully capable of covering a wafer that is placed on frame 20), comprising: a top portion (See Fig. 14 labeled below) configured to span an entirety of a top surface of the wafer comprising one or more dies, the top portion being separated from the one or more dies (the top portion labeled in Fig. 14 below is fully capable of spanning an entirety of a top surface of a wafer that has one or more dies thereon) by a free-space gap (See gap directly below the Top portion labeled in Fig. 14 below); a side portion (See Fig. 14 labeled below) configured to span an entirety of a side surface of the wafer, wherein the side portion extends at a non-zero angle from the top portion to allow the cover to enclose the wafer on the wafer frame; and a flange portion (See Fig. 14 labeled below) extending at a non-zero angle from the side portion and extending over at least a portion of the wafer frame, wherein the flange portion includes one or more interaction components (at 61/611 in Fig. 14) that are aligned with one or more orientation components (at 62/621 in Fig. 14) of the wafer frame to facilitate gripping of the one or more interaction components to enable placement and removal of the cover over the wafer on the wafer frame (the one or more orientation component 621 grips the one or more interaction component 611 by magnetic attraction to enable placement/removal of the cover 10 over the wafer frame 20).
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Regarding claim 3, Chiu discloses the top portion extends in a first direction, the side portion extends in a second direction, and the first direction is orthogonal to the second direction within a tolerance, which is less than or equal to five degrees (as shown in Fig. 14).
Regarding claim 4, the cover of Chiu can be used to cover a wafer having a top surface comprising one or more optical filters, and wherein the top portion is capable of being separated from the one or more optical filters by a free-space gap (gap beneath top portion as labeled in Fig. 14 above).
Regarding claim 5, Chiu discloses the side portion is configured to be separated from the side surface of the wafer by a free-space gap (gap to the right of the side portion as labeled in Fig. 14 above).
Regarding claim 6, Chiu discloses a surface (bottom most-surface) of the side portion is capable of contacting the wafer frame to allow the cover to enclose the wafer on the wafer frame.
Regarding claim 7, Chiu discloses the top portion includes one or more structural components (at 15) that are capable of preventing the top portion from bending when a force is applied to the top portion.
Regarding claim 9, Chiu discloses the top portion has a shape profile that is polygonal.
Regarding claim 17, Chiu discloses a carrier (See Fig. 14) for a wafer that is on a wafer frame (cover 10 is fully capable of covering a wafer that is placed on frame 20), comprising: a cover (at 10), wherein: a top portion (See Fig. 14 labeled above) configured to span an entirety of a top surface of the wafer comprising one or more dies, the top portion being separated from the one or more dies (the top portion labeled in Fig. 14 below is fully capable of spanning an entirety of a top surface of a wafer that has one or more dies thereon) by a free-space gap (See gap directly below the Top portion labeled in Fig. 14 above); a side portion (See Fig. 14 labeled above) of the cover spans an entirety of a side surface of the wafer, wherein the side portion extends from the top portion to allow the cover to enclose the wafer on a wafer frame of the carrier; and a flange portion (See Fig. 14 labeled above) of the cover extends at a non-zero angle from the side portion and extends over at least a portion of the wafer frame, wherein the flange portion includes one or more interaction components (at 61/611 in Fig. 14) that are aligned with one or more orientation components (at 62/621 in Fig. 14) of the wafer frame to facilitate gripping of the one or more interaction components to enable placement and removal of the cover over the wafer on the wafer frame (the one or more orientation component 621 grips the one or more interaction component 611 by magnetic attraction to enable placement/removal of the cover 10 over the wafer frame 20).
Regarding claim 18, Chiu discloses the top portion does not contact the top surface of the wafer.
Regarding claim 19, Chiu discloses the side portion does not contact the side surface of the wafer.
Regarding claim 20, Chiu discloses the top portion includes one or more structural components (at 15).
Regarding claim 22, Chiu discloses the top portion extends in a first direction, the side portion extends in a second direction, and the first direction is orthogonal to the second direction within a tolerance, which is less than or equal to five degrees (See Fig. 14 labeled above).
Regarding claim 23, Chiu discloses the top portion has a shape profile that is polygonal.
Regarding claim 24, the cover of Chiu can be used to cover a wafer having a top surface comprising one or more optical filters, and wherein the top portion is capable of being separated from the one or more optical filters by a free-space gap (gap beneath top portion as labeled in Fig. 14 above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chiu et al. (US 2012/0037522) as applied to claims 1 and 17, in view of Matsuo et al. (US 5,823,351). As described above, Chiu discloses the claimed invention except for the express disclosure of the specific material of the cover. However, Matsuo teaches it is well known in the art that substrate packaging devices are formed from PET for the purpose of allowing the material to be readily recycled (column 4, lines 5-15). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cover of Chiu to be formed from PET as taught by Matsuo in order to allow for recycling of the material. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 10 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chiu et al. (US 2012/0037522) as applied to claim 10.
Regarding claim 10, Chiu discloses a carrier (See Fig. 14) for a wafer, comprising: the wafer (at R); a wafer frame (at 20); and a cover (at 10), wherein: the wafer is disposed on the wafer frame, a top portion (See Fig. 14 labeled above) of the cover spans an entirety of a top surface of the wafer, a side portion (See Fig. 14 labeled above) of the cover spans an entirety of a side surface of the wafer, the cover encloses the wafer on the wafer frame; and a flange portion (See Fig. 14 labeled above) of the cover extends at a non-zero angle from the side portion and extends over at least a portion of the wafer frame, wherein the flange portion includes one or more interaction components (at 61/611 in Fig. 14) that are aligned with one or more orientation components (at 62/621 in Fig. 14) of the wafer frame to facilitate gripping of the one or more interaction components to enable placement and removal of the cover over the wafer on the wafer frame (the one or more orientation component 621 grips the one or more interaction component 611 by magnetic attraction to enable placement/removal of the cover 10 over the wafer on the wafer frame 20).
Chiu discloses the claimed invention except for the express disclosure of the one or more dies. However, because Applicant has not traversed Examiner’s assertion of Official Notice, the fact that is it well known to form wafers with one or more dies on the top surface is taken to be admitted prior art. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of Applicant's admitted prior art to have provided the carrier of Chiu with wafers having dies on the top surface in order to allow for convenient storage/transport of wafers for the desired use. Furthermore, Chiu discloses the top portion of the cover does not contact the top surface of the wafer, therefore there is a free-space gap (as labeled in Fig. 14 above).
Regarding claim 12, Chiu discloses the side portion is separated from the side surface of the wafer by a free-space gap.
Regarding claim 13, Chiu discloses a surface (bottom) of the side portion is disposed on the wafer frame.
Regarding claim 14, Chiu discloses the top portion includes one or more structural components (at 15) that are capable of preventing the top portion from bending when a force is applied to the top portion.
Response to Arguments
Applicant's arguments filed 1/9/2026 have been fully considered but they are not persuasive.
Applicant argues that CHIU does not disclose each and every feature recited in amended claim 1. For example, CHIU does not disclose at least "a top portion configured to span an entirety of a top surface of the wafer comprising one or more dies, the top portion being separated from the one or more dies by a free-space gap".
Regarding Applicant’s argument and the intended use of the claimed invention of claim 1 “for a wafer” and “a top portion configured to span an entirety of a top surface of the wafer comprising one or more dies, the top portion being separated from the one or more dies by a free-space gap”, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987). Since the wafer is not positively recited in the claim, the prior art must only be capable of containing a wafer in the manner described in the claim. The top portion (See “Top portion” labeled in Fig. 14 above) of Chiu is fully capable of spanning an entirety of a top surface of a wafer which comprising one or more dies, the top portion being separated from the one or more dies by a free-space gap (See “Gap” labeled in Fig. 14 above), if a wafer comprising one or more dies is placed within the cover of Chiu.
Applicant argues that CHIU does not disclose "wherein the flange portion includes one or more interaction components that are aligned with one or more orientation components of the wafer frame to facilitate gripping of the one or more interaction components to enable placement and removal of the cover over the wafer on the wafer frame," as recited in amended claim 1. The cited portions of CHIU merely disclose a first protruding portion 61 and a first concaving portion 62, on an inner side of the container body, that join with each other when the container body and the container base are assembled. Since the first protruding portion 61 in CHIU is on the inner side of the container body, it cannot be used for facilitating the placement or removal of the container body. Accordingly, the first protruding portion 61 does not disclose the claimed "interaction components...to enable placement and removal of the cover over the wafer on the wafer frame," as recited in amended claim 1.
Regarding Applicant’s argument, as described above, Chiu discloses the flange portion includes one or more interaction components (at 61/611 in Fig. 14) that are aligned with one or more orientation components (at 62/621 in Fig. 14) of the wafer frame to facilitate gripping of the one or more interaction components to enable placement and removal of the cover over the wafer on the wafer frame (the one or more orientation component 621 grips the one or more interaction component 611 by magnetic attraction to enable placement/removal of the cover 10 over the wafer frame 20). Examiner points out that the claims do not define the one or more interaction components are disposed on the outer surface of the flange as argued by Applicant. The claims do not define any location of the one or more interaction components on the flange. With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735