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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 5-13, 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,594,477. Although the claims at issue are not identical, they are not patentably distinct from each other because they overlap in scope.
Pertaining to Independent Claim 1: A semiconductor package, comprising: (Cited patent in italics)
a semiconductor device; and
an encapsulated semiconductor device (Claim 1 of ‘477 Patent)
a redistribution structure,
a redistribution structure (Claim 1)
wherein the semiconductor device is mounted on a top surface of the redistribution structure, and
a redistribution structure overlying the encapsulated semiconductor device (Claim 1, “top surface” is simply a matter of perspective and device orientation)
the redistribution structure comprises a first conductive line and a second conductive line located on two adjacent layers of the redistribution structure respectively, wherein, from a top view, an angle greater than zero is included between the first conductive line and the second conductive line.
a redistribution structure… comprising: a plurality of conductive lines, wherein, from a top view, an angle greater than zero Is included between adjacent two of the plurality of conductive lines (Claim 1)
Pertaining to independent Claim 12, Claim 12 substantially overlaps in scope and language with Claim 9 of the issued cited patent (‘477).
Pertaining to independent Claim 17, Claim 17 substantially overlaps in scope and language with Claim 18 of the issued patent. Note: “a long axis … is not parallel to a long axis” is just another way of stating an angle greater than 0.
Pertaining to:
Claim 2: See Claim 5 of the cited issued patent
Claim 4: See Claim 2 of the cited issued patent
Claim 5: See Claim 2 of the cited issued patent
Claim 6: See Claim 6 of the cited issued patent
Claim 7: See Claim 3 of the cited issued patent
Claim 8: See Claim 4 of the cited issued patent
Claim 9: See Claim 1 of the cited issued patent
Claim 10: See Claim 8 of the cited issued patent
Claim 11: See Claim 7 of the cited issued patent
Claim 13: See Claim 15 of the cited issued patent
Claim 15: See Claim 11 of the cited issued patent
Claim 16: See Claim 9 of the cited issued patent
Claim 18: See Claims 9 and 10 of the cited issued patent
Claim 19: See Claims 9 and 10 of the cited issued patent
Claim 20: See Claim 16 of the cited issued patent.
Allowable Subject Matter
Claims 3 and 14 are 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J TOBERGTE whose telephone number is (571)272-6458. The examiner can normally be reached M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kretelia Graham can be reached at (571) 272-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J TOBERGTE/Primary Examiner, Art Unit 2817