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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Regarding claims 1 and 11, the phrase “co-fired in a similar layer” can be interpreted as either (1) the same layer or (2) layers having similar compositions. For examination purposes, this phrase will be understood as (1). Further clarification is respectfully requested.\
Regarding claim 11, the phrase “the second substrate includes one or more eutectic bonds and one or more connecting assembly bonds” without defining the relative arrangements of the eutectic bonds and the connecting assembly bonds with respect to the first substrate, the sensing element, the connecting assembly, and the sensing package. The claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections (see MPEP § 2172.01). The omitted structural cooperative relationships are: the relative arrangements of the eutectic bonds and the connecting assembly bonds with respect to the first substrate, the sensing element, the connecting assembly, and the sensing package.
Claims 2-10 and 12-20 are rejected as being dependent on the rejected base claims.
Claim Rejections - 35 USC § 102
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 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 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kurtz et al. (Pat. No. US 6,058,782) (hereafter Kurtz).
Regarding claim 1, Kurtz teaches a leadless pressure sensor comprising:
a substrate (i.e., first substrate 12) (see Fig. 3), wherein the substrate has a first surface and a second surface (see Fig. 3),
wherein the first surface is in communication with an environment (see Fig. 4);
a sensing element located on the second surface of the substrate for measuring a parameter associated with the environment (i.e., sensor elements 20a-20d of silicon carbide are integrally formed in central active portion 14) (see Fig. 1);
a connecting assembly (i.e., header assembly 42) (see Fig. 4); and
a sensing package, wherein the sensing package comprises:
one or more non-conductive glass frit films configured to mechanically couple the substrate to the connecting assembly (i.e., the first substrate 12 and second substrate 26 are joined by electrostatic bonding or with a glass frit 46 such as a high temp glass material) (see Column 6, lines 9-23) to form an internal hermetic chamber (i.e., the transducer is now hermetically sealed) (see Column 6, lines 9-23),
wherein the one or more non-conductive glass frit films are located on the second surface of the substrate (see Fig. 3); and
one or more conductive metal films configured to electrically couple the substrate to the connecting assembly (i.e., the apertures 28 in the second substrate 26 are filled with a high temperature conductive glass metal frit 40 consisting of a mixture of glass and metal powder such as platinum palladium silver in an unfired state) (see Fig. 3),
wherein the one or more conductive metal films are located on the second surface of the substrate (see Fig. 3),
wherein the one or more non-conductive glass frit films and the one or more conductive metal films are co-fired in a similar layer (i.e., entire structure is then fired to solidify the metal frit, and to seal the inner and outer surface of the die to the header 42) (see Column 6, lines 9-59).
Regarding claim 2, Kurtz teaches that the one or more non-conductive glass frit films and the one or more conductive metal films have a similar thickness within a selected tolerance (i.e., the amount of the glass frit 46 and glass metal frit structure 40 in contact with the surface of the first substrate have similar thickness) (see Fig. 3 and 4). Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II-B)).
Regarding claim 3, Kurtz teaches that the one or more non-conductive glass frit films and the one or more conductive metal films have a similar firing temperature within a selected tolerance (i.e., entire structure is then fired to solidify the metal frit, and to seal the inner and outer surface of the die to the header 42) (see Column 6, lines 9-59). Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II-B)).
Regarding claim 4, Kurtz teaches the one or more conductive metal films are formed by printing (please note that “if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”) (see MPEP 2113) a metal paste on the second surface of the substrate (i.e., conductive glass metal frit 40) (see Fig. 3 and 4).
Regarding claim 5, Kurtz teaches that the metal paste includes at least one of a: gold paste, silver paste, or platinum paste (i.e., high temperature conductive glass metal frit 40 consisting of a mixture of glass and metal powder such as platinum palladium silver in an unfired state) (see Column 6, lines 9-49).
Regarding claim 6, Kurtz teaches that the one or more non-conductive glass frit films are formed by printing (please note that “if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”) (see MPEP 2113) a glass frit paste on the second surface of the substrate (i.e., the first substrate 12 and second substrate 26 are joined by electrostatic bonding or with a glass frit 46 such as a high temp glass material) (see Column 6, lines 9-23).
Regarding claim 7, Kurtz teaches that the connecting assembly comprises: a header (i.e., header 42) (see Fig. 4); and one or more pins (i.e., pins 36) (see Fig. 4).
Regarding claim 8, Kurtz teaches that the substrate is formed of a silicon (i.e., first silicon carbide substrate 12) (see Column 4, lines 35-51).
Regarding claim 9, Kurtz teaches a housing configured to at least partially house one or more components of the leadless pressure sensor (i.e., housing portion covering the exterior of the header 42) (see Fig. 4).
Regarding claim 10, Kurtz teaches the sensing element includes at least one of: piezo-resistive pressure sensing elements, piezo-resistive pressure sensing elements (i.e., piezoresistor 20a-20d) (see Column 4, line 36, to Column 5, line 9), or capacitive pressure sensing elements.
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.
Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lemery et al. (Pat. No. 10,060,812) (hereafter Lemery) in view of Kurtz et al. (Pat. No. US 6,058,782) (hereafter Kurtz)
Regarding claim 11, Lemery teaches a leadless pressure sensor comprising:
a first substrate (i.e., membrane 20) (see Fig. 12), wherein the first substrate has a first surface (i.e., lower surface of membrane 20) (see Fig. 12) and a second surface (i.e., upper surface of membrane 20) (see Fig. 12), wherein the first surface is in communication with an environment (see Fig. 12);
a second substrate (i.e., dielectric layer 30a) (see Fig. 12), wherein the second substrate includes one or more through vias (i.e., metallic vias 60a) (see Fig. 12), wherein the second substrate includes one or more eutectic bonds and one or more connecting assembly bonds (i.e., hermetic sealing and the contact taps between the gauges 100 and the pins 60 being obtained at the same time by refusion (eutectic sealing) of a stack of metallic layers 21+31 in which the metallic patterns are defined) (see Column 9, lines 11-29);
a sensing element located on the second surface of the first substrate for measuring a parameter associated with the environment (i.e., gauges 100) (see Fig. 6c);
a connecting assembly (i.e., dielectric layer 30b) (see Fig. 12); and
a sensing package,
wherein the sensing package comprises:
one or more non-conductive films configured to mechanically couple the first substrate to the second substrate to form an internal hermetic chamber (i.e., placement in contact of the zones Z.sub.1-21 and Z.sub.1-31 arising from the layers respectively 21 and 31 makes it possible to define the zone Z.sub.1 to ensure the fixing of the sensitive element and of the cap) (see Fig. 10 and 12),
wherein the one or more non-conductive films are located on the second surface of the first substrate (see Fig. 10 and 12); and
one or more conductive metal films configured to electrically couple the first substrate to the one or more through vias of the second substrate (i.e., second metallic contact pickup zones Z.sub.2 for said pins and connected to the deformation measurement gauge or to said deformation measurement gauges. Conducting patterns are defined in a conducting layer 21, and in a conducting layer 31) (see Fig. 10 and 12),
wherein the one or more conductive metal films are located on the second surface of the first substrate (see Fig. 10 and 12),
wherein the one or more non-conductive films and the one or more conductive metal films are co-fired (please note that “if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”) (see MPEP 2113) in a similar layer (i.e., to produce the zones Z.sub.1 and Z.sub.2 simultaneously, it is advantageously possible to produce the pressure sensor by assembling the sensitive membrane 20 and the cap 30 comprising pins 60 introduced into the holes, in a single operation, the hermetic sealing and the contact taps between the gauges 100 and the pins 60 being obtained at the same time by refusion (eutectic sealing) of a stack of metallic layers 21+31 in which the metallic patterns are defined) (see Column 9, lines 11-35; and Fig. 10, 12); but does not explicitly teach the one or more non-conductive glass frit films.
Regarding the one or more non-conductive glass frit films, Kurtz teaches
one or more non-conductive glass frit films configured to mechanically couple the first substrate to the second substrate (i.e., the first substrate 12 and second substrate 26 are joined by electrostatic bonding or with a glass frit 46 such as a high temp glass material) (see Column 6, lines 9-23) to form an internal hermetic chamber (i.e., the transducer is now hermetically sealed) (see Column 6, lines 9-23),
wherein the one or more non-conductive glass frit films are located on the second surface of the first substrate (see Fig. 3), wherein the one or more non-conductive glass frit films and the one or more conductive metal films are co-fired in a similar layer (i.e., entire structure is then fired to solidify the metal frit, and to seal the inner and outer surface of the die to the header 42) (see Column 6, lines 9-59). In view of the teaching of Kurtz, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed a seal from non-conductive glass frit films in order to enable the sensor device to be used in corrosive and high temperature environments. 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 (see MPEP 2144.07).
Regarding claim 12, Lemery teaches that the one or more non-conductive glass frit films and the one or more conductive metal films have a similar thickness within a selected tolerance (i.e., zones Z1 and Z2 have similar thickness) (see Fig. 10 and 12). Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II-B)).
Regarding claim 13, Lemery teaches that the one or more non-conductive films and the one or more conductive metal films have a similar firing temperature within a selected tolerance; but does not explicitly teach the one or more non-conductive glass frit films (i.e., to produce the zones Z.sub.1 and Z.sub.2 simultaneously, it is advantageously possible to produce the pressure sensor by assembling the sensitive membrane 20 and the cap 30 comprising pins 60 introduced into the holes, in a single operation, the hermetic sealing and the contact taps between the gauges 100 and the pins 60 being obtained at the same time by refusion (eutectic sealing) of a stack of metallic layers 21+31 in which the metallic patterns are defined) (see Column 9, lines 11-35; and Fig. 10). However, Kurtz teaches that the one or more non-conductive glass frit films and the one or more conductive metal films have a similar firing temperature within a selected tolerance (i.e., entire structure is then fired to solidify the metal frit, and to seal the inner and outer surface of the die to the header 42) (see Column 6, lines 9-59). In view of the teaching of Kurtz, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed a seal from non-conductive glass frit films in order to enable the sensor device to be used in corrosive and high temperature environments. Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II-B)), and that it is 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 (see MPEP 2144.07).
Regarding claim 14, Lemery teaches that the one or more conductive metal films are formed by printing (please note that “if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”) (see MPEP 2113) a metal paste on the second surface of the first substrate (i.e., the zones Z.sub.1-21 and Z.sub.2-21 defining metallic patterns that may result from the etching of the metallic layer 21 produced on the surface of the sensitive element) (see Fig. 11a).
Regarding claim 15, Lemery teaches that the metal paste includes at least one of a: gold paste (i.e., the component of the cover 30 comprises a layer made of Au, the sensitive element comprises, stacked on the membrane 20, an insulating layer, a layer in which the gauges are produced, a layer of Au, a layer of Si and a layer of Au, the sealing being a eutectic sealing) (see Fig. 7), silver paste, or platinum paste. Furthermore, it is 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 (see MPEP 2144.07).
Regarding claim 16, Lemery as modified by Kurtz as disclosed above does not directly or implicitly teach that the one or more non-conductive glass frit films are formed by printing a glass frit paste on the second surface of the first substrate. However, Kurtz teaches that the one or more non-conductive glass frit films are formed by printing (please note that “if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”) (see MPEP 2113) a glass frit paste on the second surface of the first substrate (i.e., the first substrate 12 and second substrate 26 are joined by electrostatic bonding or with a glass frit 46 such as a high temp glass material) (see Column 6, lines 9-23). In view of the teaching of Kurtz, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed a seal from non-conductive glass frit films in order to enable the sensor device to be used in corrosive and high temperature environments. Furthermore, it is 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 (see MPEP 2144.07).
Regarding claim 17, Lemery teaches that the connecting assembly comprises: a header (i.e., dielectric layer 30b) (see Fig. 12); and one or more pins (i.e., pins 60) (see Fig. 10 and 12).
Regarding claim 18, Lemery teaches at least the first substrate or the second substrate is formed of a silicon (i.e., the silicon chip consists of a silicon membrane 2) (see Column 4, lines 28-43).
Regarding claim 19, Lemery teaches that the one or more eutectic bonds are formed by transient liquid phase eutectic bonding (i.e., eutectic based sealing is obtained by placement in contact, and then thermal treatment at a temperature greater than the melting temperature of the alloy of layers of gold and silicon) (see Column 9, line 41, to Column 10, line 38).
Regarding claim 20, Lemery teaches a housing configured to at least partially house one or more components of the leadless pressure sensor (i.e., housing 3 or connection 40) (see Fig. 3, 15a-b).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892.
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/Tran M. Tran/Examiner, Art Unit 2855
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