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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 3 recites the phrase: “wherein the solder part is brought into contact with the metal particle bonding part”. The portion of this phase “brought into contact with” appears to relate to a method step. However, Claim 3 depends from independent Claim 1, which is a device (or article of manufacture) claim, rather than a method claim. Thus, it is unclear whether this phrase is intended to recite an affirmative method step, or is simply intended to provide further detail as to the structure of the claimed device.
For examination, this phrase will be treated consistent with a device (or article of manufacture) category of invention, and thus will be treated as: “wherein the solder part is in contact with the metal particle bonding part”.
Appropriate correction is required.
Allowable Subject Matter
Claims 1, 2 and 4-12 are allowed. Claim 3 is rejected based upon indefiniteness, as explained above, but would be allowable assuming satisfactory resolution of the 35 USC 112(b) issues.
The following is a statement of reasons for the indication of allowable subject matter.
With respect to Claim 1, although the prior art discloses various composites, including:
a frame body; and
a lid body arranged on the frame body,
wherein the lid body is capable of transmitting infrared light,
wherein the composite has a solder part OR a metal particle bonding part arranged between the lid body and the frame body, and
wherein the lid body and the frame body are joined to each other via the solder part OR the metal particle joining part
The prior art does not appear to disclose or suggest the above combination of features further comprising the combined features of:
wherein the lid body is formed of glass capable of transmitting infrared light
AND
wherein the composite has a solder part AND a metal particle bonding part arranged between the lid body and the frame body, and
wherein the lid body and the frame body are joined to each other via the solder part AND the metal particle joining part
With respect to Claims 2-12, these claims each depend from Claim 1, and are therefore allowable for at least the reasons stated above.
Related Art
The following references appear to be the closest related prior art:
(1) U.S. Pat. No. 6,674,159 of Peterson et al., which discloses a lid body arranged on a frame body wherein the lid body is formed of glass capable of transmitting infrared light and a solder part which joins the lid body and frame body (see, e.g., conductive interconnects 42, which may be solder, connecting cover lid and window 26, which may be borosilicate glass or quartz glass, described and shown in column 10, lines 39-62 and column 18, line 28 – column 21, line 4 and FIGS. 10A-10D of Peterson), but which discloses a second bonding part being a polymer rather than a metal particle bonding part (see polymer underfill material 52, described and shown in column 20, line 34 – column 21, line 51 and FIGS. 10A-10D of Peterson); and
(2) U.S. Pat. No. 8,344,599 of Nagano et al., which discloses a lid body arranged on a frame body wherein the lid body is formed of a material capable of transmitting infrared light and a solder part and metal particle bonding part which joins the lid body and frame body (see, e.g., base 62 and lid 63 joined by solder ball [Au bump] 78 and metal paste sealing material [sintered body] 76, described and shown in column 18, line 23 – column 19, line 59 and FIGS. 12-15B of Nagano), but discloses the use of silicon as the lid body rather than glass (see lid 63 made of silicon material, described and shown in column 18, lines 55-56 and FIGS. 12-15B of Nagano).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN S DUNNING whose telephone number is 571-272-4879. The examiner can normally be reached Monday thru Friday 10:30AM to 7:00PM Eastern Time Zone. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice
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/RYAN S DUNNING/Primary Examiner, Art Unit 2872
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