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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2 April 2024 and 27 November 2024 were considered by the examiner.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Number 11,839,936 (Mita).
In regards to independent claim 1 and dependent claims 2-3 and 7, Mita is directed to a sheet for sintering bonding. (Abstract) The sheet for sintering bonding comprises an electrically conductive metal containing sinterable particle and binder component. (3:15-18) The sinterable particle comprises at least one selected from the group consisting of a silver particle, a copper particle, a silver oxide particle, and a copper oxide particle. (9:1-4) This would correspond to the conductive metal.
The sheet also has a minimum load F, which is reached during an unloading process in load-displacement measurement in accordance with a nanoindentiation method of -100 to -30 µN. (3:19-22) The nanoindentation method is a technology for measuring a variety of physical properties of a sample in the nanometer scale. (3:22-32) This range overlaps the claimed range. Therefore, a prima facie case of obviousness exists.
Additionally, while this reference does not explicitly discuss the first and second adhesive surfaces, the sintering bonding of Mita appears to be a uniform sheet. Such a structure would be expected to have the same adhesiveness on both sides of the sinter bonding sheet.
As to claim 4, Mita sets forth a high molecular binder and a low molecular binder present in the sheet for sintering bonding, wherein the ratio of high/low is 0.1 or more. (8:51-55) This range overlaps the claimed range.
As to claim 5, the sinterable particle is preferably 60 to 99% by mass in the sheet for sintering bonding. (9:8-11) This range overlaps the claimed range.
As to claim 6, on a single base material, a plurality of sheets for sintering bonding 10 having predetermined planar view shapes may be provided. (10:36-39) The sheet for sintering is suited for laminating and integrating a plurality thereof with a predetermined thickness by going through such lamination and integration. (18:55-60) Mita sets forth a high molecular binder and a low molecular binder present in the sheet for sintering bonding. (8:51-55) This corresponds to the claimed compositions of the layers. These layers would have differences in the amount of the materials by the production method and the use of the plurality of layers.
As to claim 8, a varnish was applied as a mold release film. (Example 1, 21:33-37) This corresponds to the claimed release films.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Schleis whose telephone number is (571)270-5636. The examiner can normally be reached 10 AM to 4 PM Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571) 272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Daniel J. Schleis
Primary Examiner
Art Unit 1784
/Daniel J. Schleis/Primary Examiner, Art Unit 1784