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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/8/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12068273. Although the claims at issue are not identical, they are not patentably distinct from each other because applicant merely broadens the claims by removing limitations related to the sensing area.
A package, comprising:
a die, wherein a top surface of the die has a first area and a second area surrounded by the first area
a redistribution layer structure comprising stacked insulation layers and a redistribution layer embedded between the stacked insulation layers, wherein a first portion of the redistribution layer has a first thickness, a second portion of the redistribution layer has a second thickness, and the second thickness is greater than the first thickness
A package, comprising:
a die comprising a sensing area
an encapsulant laterally encapsulating the die
a redistribution layer structure, disposed on the die and the encapsulant, the redistribution layer structure comprising:
a first insulation layer disposed on the encapsulant and the die, the first insulation layer comprising a sensing window located above the sensing area
a redistribution layer disposed on the first insulation layer and electrically connected to the die
a second insulation layer disposed on the first insulation layer to cover the redistribution layer, wherein the second insulation layer extends into the sensing window and is in contact with the sensing area
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11600592. Although the claims at issue are not identical, they are not patentably distinct from each other because applicant merely seeks to broaden the claims by describing the first and second insulation layers as a stacked insulation structure and introducing dependent claim limitations of the relative thickness of the insulation layers in first and second areas.
A package, comprising:
a die, wherein a top surface of the die has a first area and a second area surrounded by the first area
a redistribution layer structure comprising stacked insulation layers and a redistribution layer embedded between the stacked insulation layers, wherein a first portion of the redistribution layer has a first thickness, a second portion of the redistribution layer has a second thickness, and the second thickness is greater than the first thickness
A package, comprising:
a die, wherein a top surface of the die has a first area and a second area connected with the first area
a redistribution layer structure comprising:
a first insulation layer overlapping with the second area
a redistribution layer disposing above the die
a second insulation layer disposing above the redistribution layer and overlapping with the second area and the first area, wherein the second insulation layer covers a top surface of the first insulation layer and is in contact with a side surface of the first insulation layer and the top surface of the die
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.
Claims 1, 3-7, 14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamazaki et al. (US Publication No. 2020/0211425).
Regarding claim 1, Yamazaki discloses a package, comprising:
a die (102), wherein a top surface of the die has a first area (right of 108) and a second area (108) surrounded by the first area
a redistribution layer structure comprising stacked insulation layers and a redistribution layer (104/116) embedded between the stacked insulation layers (104/116), wherein a first portion (outer) of the redistribution layer has a first thickness, a second portion (inner) of the redistribution layer has a second thickness, and the second thickness is greater than the first thickness (Figure 1)
Regarding claim 3, Yamazaki discloses a material of the second insulation layer comprises polyimide, epoxy, acrylic resin, benzocyclobutene, polybenzoxazole, silicon nitride or silicon oxide (paragraph 225).
Regarding claim 4, Yamazaki discloses the die comprises a sensing area (112) covered by the second portion of the redistribution layer (Figure 6).
Regarding claim 5, Yamazaki discloses the first portion of the redistribution layer comprises a multi-layered insulation layers (104/116), the redistribution layer (108) is distributed within the first portion, and the second portion (inner) of the redistribution layer comprises a single-layered insulation layer (104c).
Regarding claim 6, Yamazaki discloses the redistribution layer structure comprises: a bottom insulation layer (104) covering and being in contact with the second area, wherein the redistribution layer (108) is disposed on the bottom insulation layer (104); a middle insulation (116) covering the redistribution layer (108) and the bottom insulation layer (104); and a top insulation layer (109), wherein the top insulation layer (109) laterally extends from the second area to the first area to cover the bottom insulation layer (104) and the middle insulation layer (116), and the top insulation layer (109)is in contact with the second area (right of 108).
Regarding claim 7, Yamazaki discloses a package, comprising:
a sensing die (112) laterally encapsulated by an encapsulation (109), wherein a top surface of the sensing die (112) is lower than a top surface of the encapsulant (109)
a redistribution layer structure comprising:
a first insulation layer (116) covering the sensing die (112) and the encapsulant (109)
a second insulation layer (107a) covering the first insulation layer (116), wherein the second insulation layer (107a) penetrates through the first insulation layer (116) to contact a sensing area (108) of the sensing die (112)
a redistribution layer (120) disposed between the first insulation layer (116) and the second insulation layer (107a), wherein the redistribution layer is distributed over the sensing die and the encapsulant (Figure 2)
Regarding claim 14, Yamazaki discloses a package, comprising:
a die (112)
a redistribution layer structure, comprising:
a bottom insulation layer (104) covering and being in contact with a periphery area of a top surface of the die
a redistribution layer (108) disposed on the bottom insulation layer
a middle insulation (116) covering the redistribution layer and the bottom insulation layer
a top insulation layer (109), wherein the top insulation layer laterally extends from a central area of the top surface (inner) of the die to the periphery area (outer) to cover the bottom insulation layer (104) and the middle insulation layer (116), the central area is surrounded by the periphery area, and the top insulation layer is in contact with the central area (Figure 1)
Regarding claim 16, Yamazaki discloses a material of the top insulation layer (109) comprises polyimide, epoxy, acrylic resin, benzocyclobutene, polybenzoxazole, silicon nitride or silicon oxide (paragraph 225).
Regarding claim 17, Yamazaki discloses the die comprises a sensing region (112) distributed within the central area (Figure 2).
Regarding claim 18, Yamazaki discloses the die further comprises a protection layer (104) covered by the bottom insulation layer and the top insulation layer, a cohesion between the top insulation layer and the protection layer is stronger than a cohesion between the bottom insulation layer and the protection layer (paragraph 208).
Regarding claim 19, Yamazaki discloses the middle insulation layer (116) comprises a multi-layer structure (104c/116).
Regarding claim 20, Yamazaki discloses a thickness of the redistribution layer above the periphery area is smaller than a thickness of the redistribution layer above the central area (Figure 2).
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.
Claims 2, 8, 9-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki et al. (US Publication No. 2020/0211425) in view of Lin et al. (US Publication No. 2017/0256496).
Regarding claim 2, Yamazaki discloses the limitations as discussed in the rejection of claim 1 above. Yamazaki does not specifically disclose a material of the first insulation layer comprises polyimide, epoxy, acrylic resin, benzocyclobutene or polybenzoxazole. However, Lin discloses the use of these materials for the insulating material (paragraph 38). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to have modified the insulating material of Yamazaki to include these materials, as taught by Lin, to prevent permeability by moisture (paragraph 52).
Regarding claim 8, Yamazaki discloses the limitations as discussed in the rejection of claim 7 above. Yamazaki does not specifically disclose a material of the first insulation layer comprises polyimide, epoxy, acrylic resin, benzocyclobutene or polybenzoxazole. However, Lin discloses the use of these materials for the insulating material (paragraph 38). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to have modified the insulating material of Yamazaki to include these materials, as taught by Lin, to prevent permeability by moisture (paragraph 52).
Regarding claim 9, Yamazaki discloses the sensing die comprises:
a semiconductor substrate (102)
a sensing component (106), disposed on the semiconductor substrate or embedded in the sensing area of the semiconductor substrate (102)
a protection layer (104) disposing above the semiconductor substrate (102), wherein the second insulation layer is in contact with the protection layer, and a cohesion between the second insulation layer and the protection layer is stronger than a cohesion between the first insulation layer and the protection layer (paragraph 208)
Yamazaki does not disclose conductive pads disposing on the semiconductor substrate, wherein the redistribution layer is electrically connected with the conductive pads through vias in the protection layer. However, Lin discloses the use of conductive pads (40) on the semiconductor substrate for connection of the redistribution layer (230). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to have modified the redistribution structure of Yamazaki to include the pads, as taught by Lin, since it prevents migration of materials from other layers, prevent delamination, and improve accuracy of connection of metal interconnection (paragraph 72).
Regarding claim 10, Yamazaki discloses a material of the second insulation layer and a material of the protection layer comprise silicon nitride, silicon oxide, or a combination thereof (paragraph 225).
Regarding claim 11, Yamazaki discloses the second insulation layer (110) has an opening exposing the first area of the top surface of the die (Figure 2B).
Regarding claim 12, Yamazaki discloses the second insulation layer (110) covers the first area (112) of the top surface of the die.
Regarding claim 13, Yamazaki discloses the redistribution layer structure (116) further comprising: a third insulation layer (109) disposing between the first insulation layer (108) and the second insulation layer (110) and between the redistribution layer and the second insulation layer, and the redistribution layer is disposed between the first insulation layer and the second insulation layer, wherein the second insulation layer is in contact with a top surface of the third insulation layer, a side surface of the third insulation layer and the top surface of the first insulation layer (Figure 2B).
Regarding claim 15, Yamazaki discloses the limitations as discussed in the rejection of claim 14 above. Yamazaki does not specifically disclose a material of the first insulation layer comprises polyimide, epoxy, acrylic resin, benzocyclobutene or polybenzoxazole. However, Lin discloses the use of these materials for the insulating material (paragraph 38). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to have modified the insulating material of Yamazaki to include these materials, as taught by Lin, to prevent permeability by moisture (paragraph 52).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEIL R PRASAD whose telephone number is (571) 270-3129. The examiner can normally be reached M-F 9am-5pm.
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/N.R.P/ 9/4/2026Examiner, Art Unit 2897
/JACOB Y CHOI/Supervisory Patent Examiner, Art Unit 2897