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 papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/20/2024 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 17-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-6 of U.S. Patent No. US 11715756 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because. because the scope of the claims in US 11715756 B2 teaches the scope of the claim limitations of application 18/778,946 being examined.
Attached here is a table of the independent claim 17 rejected under double patenting by claim1 of the parent case below.
Note the various dependent claims 16-20 are anticipated by/obvious in view of the conflicting application/patent.
Claim numbering that are anticipated
Instant Application Claims
Conflicting Application/Patent Claims by Hsiao (US 11715756 B2
1
17. A method, comprising: forming an opening in a buffer layer, a first passivation layer, and a structure; depositing a barrier layer on the buffer layer and in the opening; forming a redistribution layer in the opening, wherein the redistribution layer is formed over a first portion of the barrier layer; forming an adhesion layer on a side surface of the redistribution layer, wherein the adhesion layer is formed on a second portion of the barrier layer; removing a third portion of the barrier layer to expose the buffer layer; and depositing a second passivation layer on the buffer layer, the adhesion layer, and the redistribution layer.
1. A method, comprising: forming an opening in a buffer layer, a first passivation layer, and a structure; forming a barrier layer on the buffer layer and in the opening; forming a redistribution layer over first portions of the barrier layer in the opening; forming an adhesion layer on second portions of the barrier layer, wherein the adhesion layer is in contact with the barrier layer and the redistribution layer; removing portions of the adhesion layer formed on the second portions of the barrier layer to expose the second portions of the barrier layer; removing the second portions of the barrier layer to expose portions of the buffer layer; and forming a second passivation layer on the exposed portions of the buffer layer, the adhesion layer, and the redistribution layer.
Allowable Subject Matter
Claims 1-16 allowed.
The closest prior art of record of Chen et al, US 10283550 B2 , PIPIA et al, US 20200388569 A1 or Gao et al, (CN 106816426 A) or Choi et al, (US 20190027450 A1 or Arvin et al, (US 20210242146 A1) all teach the A device structure, comprising: a structure; a first passivation layer disposed on the structure; a buffer layer disposed on the first passivation layer, a barrier layer disposed on a first portion of the buffer layer, but it does not teach or suggest, singularly or in combination, at least the limitations of the independent claim 1 including “a barrier layer disposed in an opening formed in the first passivation layer and the structure, wherein the barrier layer is disposed on and in contact with a first portion of the buffer layer; a redistribution layer disposed over the barrier layer in the opening; and a second passivation layer disposed on and in contact with a second portion of the buffer layer, wherein the second passivation layer is in contact with the barrier layer and the redistribution layer.”
it does not teach or suggest, singularly or in combination, at least the limitations of the independent claim 9 including “a conductive material electrically connected to the capacitor structure, wherein the conductive material comprises a bottom portion and a top portion, the bottom portion is disposed through the buffer layer, the first passivation layer, and the capacitor structure, and the top portion is disposed over a first portion of the buffer layer; and a second passivation layer disposed on a second portion of the buffer layer.”
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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/MAMADOU L DIALLO/Primary Examiner, Art Unit 2897
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