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, 3, 5, 7, 9, 11 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 8 of U.S. Patent No. 12075603. Although the claims at issue are not identical, they are not patentably distinct from each other because
Current Application
US 12075603
1. An electronic component comprising a package base and a cap which is attached to the package base to form an enclosure, wherein the enclosure extends in a first direction and in a second direction which is orthogonal to the first, and the electronic component comprises at least one electronic chip which is mounted within said enclosure, and the electronic chip has a chip length in the first direction and a chip width in the second direction, and wherein the electronic component comprises a metallic sheet which is fixed to the package base, and the metallic sheet comprises a first sheet side section on a first side of the enclosure and a central sheet section which underlies the electronic chip, and the metallic sheet extends in the first direction from the first sheet side section to the central sheet section, and the cap comprises a metallic cap section which comprises a first cap side section on the first side of the enclosure and a central cap section which overlies the electronic chip, and the metallic cap section extends in the first direction from the first cap side section to the central cap section, and the first sheet side section is in contact with the first cap side section so that the first sheet side section and first cap side section together form a first side-shield on the first side of the enclosure, [and the first side-shield is completely embedded in a side of the package base so that the first side-shield is covered by and inside the package base].
1. An electronic component comprising a package base and a cap which is attached to the package base to form an enclosure, wherein the enclosure extends in a first direction and in a second direction which is orthogonal to the first, and the electronic component comprises at least one electronic chip which is mounted within said enclosure,
wherein the electronic component comprises a metallic sheet which is fixed to the package base, and the metallic sheet comprises a first sheet side section on a first side of the enclosure and a central sheet section which underlies the electronic chip, and the metallic sheet extends in the first direction from the first sheet side section to the central sheet section, and the cap comprises a metallic cap section which comprises a first cap side section on the first side of the enclosure and a central cap section which overlies the electronic chip, and the metallic cap section extends in the first direction from the first cap side section to the central cap section, and the first sheet side section is in contact with the first cap side section so that the first sheet side section and first cap side section together form a first side-shield on the first side of the enclosure.
2. The electronic component according to claim 1, wherein the metallic sheet comprises a second sheet side section on a second side of the enclosure and the metallic sheet extends in the first direction from the second sheet side section to the central sheet section, and the metallic cap section comprises a second cap side section on the second side of the enclosure, and the metallic cap section extends in the first direction from the second cap side section to the central cap section, and the second sheet side section is in contact with the second cap side section so that the second sheet side section and second cap side section together form a second side-shield on the second side of the enclosure, [and the second side-shield is embedded in the package base so that the second side-shield is inside the package base].
3. The electronic component according to claim 1, wherein the metallic sheet comprises a second sheet side section on a second side of the enclosure and the metallic sheet extends in the first direction from the second sheet side section to the central sheet section, and the metallic cap section comprises a second cap side section on the second side of the enclosure, and the metallic cap section extends in the first direction from the second cap side section to the central cap section, and the second sheet side section is in contact with the second cap side section so that the second sheet side section and second cap side section together form a second side-shield on the second side of the enclosure.
3. The electronic component according to claim 2, wherein the metallic sheet comprises a third sheet side section on a third side of the enclosure and the metallic sheet extends in the second direction from the third sheet side section to the central sheet section, and the metallic cap section comprises a third cap side section on the third side of the enclosure, and the metallic cap section extends in the second direction from the third cap side section to the central cap section, and the third sheet side section is in contact with the third cap side section so that the third sheet side section and third cap side section together form a third side-shield on the third side of the enclosure, [and the third side-shield is embedded in the package base so that the third side-shield is inside the package base].
5. The electronic component according to claim 3, wherein the metallic sheet comprises a third sheet side section on a third side of the enclosure and the metallic sheet extends in the second direction from the third sheet side section to the central sheet section, and the metallic cap section comprises a third cap side section on the third side of the enclosure, and the metallic cap section extends in the second direction from the third cap side section to the central cap section, and the third sheet side section is in contact with the third cap side section so that the third sheet side section and third cap side section together form a third side-shield on the third side of the enclosure.
4. The electronic component according to claim 3, wherein the metallic sheet comprises a fourth sheet side section on a fourth side of the enclosure and the metallic sheet extends in the second direction from the fourth sheet side section to the central sheet section, and the metallic cap section comprises a fourth cap side section on the fourth side of the enclosure, and the metallic cap section extends in the second direction from the fourth cap side section to the central cap side section, and the fourth sheet side section is in contact with the fourth cap side section so that the fourth sheet side section and fourth cap side section together form a fourth side-shield on the fourth side of the enclosure, [and the fourth side-shield is embedded in the package base so that the fourth side-shield is inside the package base].
7. The electronic component according to claim 5, wherein the metallic sheet comprises a fourth sheet side section on a fourth side of the enclosure and the metallic sheet extends in the second direction from the fourth sheet side section to the central sheet section, and the metallic cap section comprises a fourth cap side section on the fourth side of the enclosure, and the metallic cap section extends in the second direction from the fourth cap side section to the central cap side section, and the fourth sheet side section is in contact with the fourth cap side section so that the fourth sheet side section and fourth cap side section together form a fourth side-shield on the fourth side of the enclosure.
5. The electronic component according to claim 1, wherein the metallic sheet comprises a second sheet side section on a second side of the enclosure and the metallic sheet extends in the second direction from the second sheet side section to the central sheet section, and the metallic cap section comprises a second cap side section on the second side of the enclosure, and the metallic cap section extends in the second direction from the second cap side section to the central cap section, and the second sheet side section is in contact with the second cap side section so that the second sheet side section and second cap side section together form a second side-shield on the second side of the enclosure, [and the second side-shield is embedded in the package base so that the second side-shield is inside the package base].
9. The electronic component according to claim 1, wherein the metallic sheet comprises a second sheet side section on a second side of the enclosure and the metallic sheet extends in the second direction from the second sheet side section to the central sheet section, and the metallic cap section comprises a second cap side section on the second side of the enclosure, and the metallic cap section extends in the second direction from the second cap side section to the central cap section, and the second sheet side section is in contact with the second cap side section so that the second sheet side section and second cap side section together form a second side-shield on the second side of the enclosure.
6. The electronic component according to claim 1, wherein the package base is formed by a moulded polymer.
11. The electronic component according to claim 1, wherein the package base is formed by a moulded polymer.
8. The electronic component according to claim 1, wherein the cap comprises an insulating sheet which is fully or partly coated with a metallic coating, and the metallic cap section is the section of the insulating sheet which is coated with the metallic coating.
13. The electronic component according to claim 1, wherein the cap comprises an insulating sheet which is fully or partly coated with a metallic coating, and the metallic cap section is the section of the insulating sheet which is coated with the metallic coating.
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 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.
Claim(s) 1, 3, 5, 7, 9 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki US 6218610.
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Regarding claim 1, Suzuki US 6218610 discloses (in Fig. 5) an electronic component (electronic component of Fig. 5) comprising
a package base (200) and
a cap (300) which is attached to the package base (200) to form an enclosure (100),
wherein the enclosure (100) extends in a first direction (in annotated Fig. 2a-2b) and in a second direction (in annotated Fig. 2a-2b) which is orthogonal to the first (as depicted in annotated Fig. 2a-2b), and
the electronic component (electronic component of Fig. 5) comprises at least one electronic chip (chip not numbered shown in Fig. 4 hereinafter referred to as chip) which is mounted within said enclosure (100 as depicted in Fig. 5), and
the electronic chip (chip) has a chip length (length of chip as depicted in Fig. 4) in the first direction and a chip width (width of chip as depicted in Fig. 4) in the second direction,
wherein the electronic component (electronic component of Fig. 5) comprises a metallic sheet (210) which is fixed to the package base (200 as depicted in Fig. 5), and
the metallic sheet (210) comprises a first sheet side section (210a in annotated Fig. 2) on a first side of the enclosure (100) and a central sheet section (210cp in annotated Fig. 2) which underlies the electronic chip (chip), and
the metallic sheet (210) extends in the first direction from the first sheet side section (210a) to the central sheet section (210cp), and
the cap (300) comprises a metallic cap section (330) which comprises a first cap side section (330a in annotated Fig. 2b) the first side of the enclosure (100) and a central cap section (330cp in annotated Fig. 2b) which overlies the electronic chip (chip), and
the metallic cap section (330) extends in the first direction from the first cap side section (330a) to the central cap section (330cp as depicted in annotated Fig. 2b), and the first sheet side section (210a) is in contact with the first cap side section (330a) so that the first sheet side section (210a) and first cap side section (330a) together form a first side-shield (210a at 330a in annotated Fig. 2a-2b and 5) on the first side of the enclosure (100 as would be depicted Fig. 5).
Regarding claim 3, Suzuki discloses the electronic component according to claim 1, wherein the metallic sheet (210) comprises
a second sheet side section (210b in annotated Fig. 2a-2b) on a second side of the enclosure (100) and the metallic sheet (210) extends in the first direction from the second sheet side section (210b) to the central sheet section (210cp), and
the metallic cap section (330) comprises a second cap side section (330b) on the second side of the enclosure (100), and the metallic cap section (330) extends in the first direction from the second cap side section (330b) to the central cap section (330cp), and
the second sheet side section (210b) is in contact with the second cap side section (330b) so that the second sheet side section (210b) and second cap side section (330b) together form a second side-shield (210b at 330b in annotated Fig. 2a-2b and 5) on the second side of the enclosure (100).
Regarding claim 5, Suzuki discloses the electronic component according to claim 2, wherein the metallic sheet (210) comprises a third sheet side section (210c in annotated Fig. 2a-2b) on a third side of the enclosure (100) and the metallic sheet (210) extends in the second direction from the third sheet side section (210c) to the central sheet section (210cp), and
the metallic cap section (330) comprises a third cap side section (330c in annotated Fig. 2a-2b) on the third side of the enclosure (100 as depicted in annotated Fig. 2a-2b), and
the metallic cap section (330) extends in the second direction from the third cap side section (330c) to the central cap section (330cp), and
the third sheet side section (210c) is in contact with the third cap side section (330c) so that the third sheet side section (210c) and third cap side section (330c) together form a third side-shield (210c at 330c in annotated Fig. 2a-2b and 5) on the third side of the enclosure (100 as depicted in Fig. 5).
Regarding claim 7, Suzuki discloses the electronic component according to claim 3, wherein the metallic sheet (210) comprises a fourth sheet side section (210d in annotated Fig. 2a-2b) on a fourth side of the enclosure (100) and the metallic sheet (210) extends in the second direction from the fourth sheet side section (210d) to the central sheet section (210d), and
the metallic cap section (330) comprises a fourth cap side section (330d in annotated Fig. 2a-2b) on the fourth side of the enclosure (100), and
the metallic cap section (330) extends in the second direction from the fourth cap side section (330d) to the central cap side section (330cp), and
the fourth sheet side section (210d) is in contact with the fourth cap side section (330d) so that the fourth sheet side section (210d) and fourth cap side section (330d) together form a fourth side- shield (210d at 330d in annotated Fig. 2a-2b and 5) on the fourth side of the enclosure (100 as depicted in Fig. 5).
Regarding claim 9, Suzuki discloses the electronic component according to claim 1, wherein the metallic sheet (210) comprises a second sheet side section (210c in annotated Fig. 2a-2b) on a second side of the enclosure (100) and the metallic sheet (210) extends in the second direction from the second sheet side section (210c) to the central sheet section (210cp), and
the metallic cap section (330) comprises a second cap side section (330c in annotated Fig. 2a-2b) on the second side of the enclosure (100), and
the metallic cap section (330) extends in the second direction from the second cap side section (330c) to the central cap section (330), and
the second sheet side section (210c) is in contact with the second cap side section (330c) so that the second sheet side section (210c) and second cap side section (330c) together form a second side-shield (210c at 330c in annotated Fig. 2a-2b and 5) on the second side of the enclosure (100 as depicted in Fig. 5).
Regarding claim 12, Suzuki discloses the electronic component according to claim 1, wherein the cap (300) comprises of a metal sheet (330) which forms the metallic cap section (330).
Regarding claim 13, Suzuki discloses the electronic component according to claim 1, wherein the cap (300) comprises an insulating sheet (plastic of 300 see Col. 4 ln. 28-30) which is fully or partly coated with a metallic coating (330 as depicted in Fig. 5 see Col. 4 ln. 35-40), and the metallic cap section (330) is the section of the insulating sheet (plastic of 300) which is coated with the metallic coating (330).
Claim Rejections - 35 USC § 103
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki as applied to claim 1 above, and further in view of Arnold US 20040240191.
Regarding claim 11, Suzuki discloses the electronic component according to claim 1.
Suzuki does not explicitly disclose wherein the package base is formed by a molded polymer.
However, Arnold US 20040240191 discloses a package base (40) is formed by a molded polymer (see [0011]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have the package base of Suzuki formed by a molded polymer, as taught by Arnold, in order to provide desired support.
Allowable Subject Matter
Claims 2, 4, 6, 8 and 10 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 1 , a combination of limitations that “wherein the first sheet side section is bent upward from the central sheet section, and the first cap side section is bent downward from the central cap section, so that the contact between the first sheet side section and first cap side section is above the central sheet section and below the central cap section”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 4, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claims 1 and 3 , a combination of limitations that “wherein the second sheet side section is bent upward from the central sheet section, and the second cap side section is bent downward from the central cap section, so that the contact between the second sheet side section and second cap side section is above the central sheet section and below the central cap section”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 6, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claims 1, 3 and 5 , a combination of limitations that “wherein the third sheet side section is bent upward from the central sheet section, and the third cap side section is bent downward from the central cap section, so that the contact between the third sheet side section and third cap side section is above the central sheet section and below the central cap section”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 8, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claims 1, 3, 5 and 7 , a combination of limitations that “wherein the fourth sheet side section is bent upward from the central sheet section, and the fourth cap side section is bent downward from the central cap section, so that the contact between the fourth sheet side section and fourth cap side section is above the central sheet section and below the central cap section”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 10, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claims 1 and 9, a combination of limitations that “wherein the second sheet side section is bent upward from the central sheet section, and the second cap side section is bent downward from the central cap section, so that the contact between the second sheet side section and second cap side section is above the central sheet section and below the central cap section”.
None of the reference art of record discloses or renders obvious such a combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arnold US 20050045358 Fig. 8; Kimata US 7295083 Fig. 7 and 8; anticipates claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L AUGUSTIN whose telephone number is (571)270-7659. The examiner can normally be reached Monday - Friday 8 am - 3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER L AUGUSTIN/Examiner, Art Unit 2841
/JAMES WU/Primary Examiner, Art Unit 2841