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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,296,051. Although the claims at issue are not identical, they are not patentably distinct from each other because with respect to Claim 1, U.S. Patent No. 11,296,051 disclose a semiconductor package comprising: a first semiconductor die; and adhesive layer adhered to the first semiconductor die; a second semiconductor die, stacked over the first semiconductor die; a plurality of conductive pillars, surrounding the first semiconductor die; and an encapsulant, encapsulating the first semiconductor die and the conductive pillars, wherein a top surface of the encapsulant is higher than top surfaces of the conductive pillars. See Claim 1 of U.S. Patent No. 11,296,051.
Claim 1 of U.S. Patent No. 11,296,051 differs from present Claim 1, in that Claim 1 of U.S. Patent No. 11,296,051 discloses additional claim elements.
It would have been obvious for one of ordinary skill in the art, before the effective date of the invention, to omit certain elements and arrive at the present Claim, as omission of an element and its function is obvious if the function of the element is not desired. See Ex parte Wu, 10 USPQ 2031 (BPAI 1989).
With respect to Claim 2, Claim 2 corresponds to Claim 4 of U.S. Patent No. 11,296,051.
With respect to Claim 3, Claim 3 corresponds to Claim 3 of U.S. Patent No. 11,296,051.
With respect to Claim 4, Claim 4 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 5, Claim 5 corresponds to Claim 5 of U.S. Patent No. 11,296,051.
With respect to Claim 6, Claim 6 corresponds to Claim 6 of U.S. Patent No. 11,296,051.
With respect to Claim 7, Claim 7 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 8, Claim 8 corresponds to Claim 3 of U.S. Patent No. 11,296,051.
With respect to Claim 9, Claim 9 corresponds to Claims 1 and 3 of U.S. Patent No. 11,296,051.
With respect to Claim 10, Claim 10 corresponds to Claim 1 and 3 of U.S. Patent No. 11,296,051.
With respect to Claim 11, Claim 11 corresponds to Claim 10 of U.S. Patent No. 11,296,051.
With respect to Claim 12, Claim 12 corresponds to Claim 10 of U.S. Patent No. 11,296,051.
With respect to Claim 13, Claim 13 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 14, Claim 14 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 15, Claim 15 corresponds to Claim 2 of U.S. Patent No. 11,296,051.
With respect to Claim 16, Claim 16 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 17, Claim 17 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 18, Claim 18 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
With respect to Claim 19, Claim 19 corresponds to Claim 10 of U.S. Patent No. 11,296,051.
With respect to Claim 20, Claim 20 corresponds to Claim 1 of U.S. Patent No. 11,296,051.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER G GHYKA whose telephone number is (571)272-1669. The examiner can normally be reached Monday-Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Kim can be reached at 571 272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AGG
July 20, 2026
/ALEXANDER G GHYKA/Primary Examiner, Art Unit 2812
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