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 15 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the accommodation groove" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toy (US 5956576 A).
As to Claim 1, Toy discloses:
An electronic device (device of Fig. 2), comprising:
a circuit board (motherboard 30);
a heat dissipation member (heat sink 36), spaced apart from the circuit board 30 (36 and 30 are spaced apart); and
a semiconductor device (combination of substrate 10, chip 16), located between the circuit board 30 and the heat dissipation member 36 (10/16 located between 30 and 36), wherein the semiconductor device is electrically connected to the circuit board 30 (col. 4, Lines 32-35 “The substrate 10, is typically secured at the BSM (bottom surface metallurgy) area 83, to a mother board or card 30, via I/O (Input/Output) means 32, such as, for example, pads, pins, etc.,”), and a first thermal interface material 24 is disposed between the semiconductor device 10/16 and the heat dissipation member 36 (col. 4, Lines 26-28 “The heat sink 36, can now be secured to the cap or cover 20, using a heat sink adhesive 24, which provides an efficient heat transfer path via the heat sink adhesive 24, to the heat sink 36”), wherein
the semiconductor device comprises:
a substrate 10, connected to the circuit board 30 (10 and 30 connected via 32);
a die 16, connected to a surface that is of the substrate 10 and that faces away from the circuit board 30 (16 connected to top side of 10); and
a housing (seal ring 27), fixed to the substrate 10 and around the die 16 (27 connected to 10 and surrounds 16), wherein
the housing comprises a first side wall (inside of 27) and a second side wall (outside of 27), a sealing member (sealant 23, dual surface seal 33) is disposed between the first side wall and the second side wall (both 23 and 33 are disposed between inside of 27 and outside of 27), and the sealing member 22/33 is sealing between the housing 27 and the heat dissipation member 36 (33 seals between 37 and 36 in assembled state), and is sealing between the housing 27 and the substrate 10 (23 seals between 27 and 10 in assembled state).
As to Claim 7, Toy discloses:
wherein a first accommodation part (top side of 27) and a second accommodation part (bottom side of 27) are located between the first side wall and the second side wall (top and bottom of 27 are located between inner and outer sides of 27), the first accommodation part is located at a first end of the housing that faces the heat dissipation member 36 (top side of 27 faces 36), and the second accommodation part is located at a second end of the housing that faces the substrate 10 (bottom side of 27 faces 10);
the sealing member comprises a first sealing part 33 and a second sealing part 23; and
the first sealing part 33 is accommodated in the first accommodation part (top of 27), an end of the first sealing part 33 that is close to the heat dissipation member 36 abuts against the heat dissipation member 36 (33 indirectly abuts 36 via cover 25), the second sealing part 23 is accommodated in the second accommodation part (bottom of 27), and an end of the second sealing part 23 that is close to the substrate 10 abuts against the substrate (23 abuts 10).
As to Claim 8, Toy discloses:
wherein materials of the first sealing part 33 and the second sealing part 23 are the same (col. 7, Lines 55-57 “The dual surface seal 33, can be of the same material as the dual surface seal 23, or it could be of a different material”).
As to Claim 9, Toy discloses:
wherein materials of the first sealing part 33 and the second sealing part 23 are different (col. 7, Lines 55-57 “The dual surface seal 33, can be of the same material as the dual surface seal 23, or it could be of a different material”).
As to Claim 10, Toy discloses:
wherein the housing further comprises a top wall (cap cover 25), and the top wall 25 is connected to an end of the first side wall (inside of 27) that is close to the heat dissipation member (25 connected to top side of 27);
the first thermal interface material 24 is located between the top wall 25 and the heat dissipation member 36 (24 between 25 and 36); and
a second thermal interface material 28 is disposed between the top wall 25 and the die 16 (28 between 25 and 16, 28 is thermal paste, see col. 6, Line 15).
As to Claim 11, Toy discloses:
A server, comprising at least one electronic device (device of Fig. 2), the at least one electronic device (device of Fig. 2) comprising:
a circuit board (motherboard 30);
a heat dissipation member (heat sink 36), spaced apart from the circuit board 30 (36 and 30 are spaced apart); and
a semiconductor device (combination of substrate 10, chip 16), located between the circuit board 30 and the heat dissipation member 36 (10/16 located between 30 and 36), wherein the semiconductor device is electrically connected to the circuit board 30 (col. 4, Lines 32-35 “The substrate 10, is typically secured at the BSM (bottom surface metallurgy) area 83, to a mother board or card 30, via I/O (Input/Output) means 32, such as, for example, pads, pins, etc.,”), and a first thermal interface material 24 is disposed between the semiconductor device 10/16 and the heat dissipation member 36 (col. 4, Lines 26-28 “The heat sink 36, can now be secured to the cap or cover 20, using a heat sink adhesive 24, which provides an efficient heat transfer path via the heat sink adhesive 24, to the heat sink 36”), wherein
the semiconductor device comprises:
a substrate 10, connected to the circuit board 30 (10 and 30 connected via 32);
a die 16, connected to a surface that is of the substrate 10 and that faces away from the circuit board 30 (16 connected to top side of 10); and
a housing (seal ring 27), fixed to the substrate 10 and around the die 16 (27 connected to 10 and surrounds 16), wherein
the housing comprises a first side wall (inside of 27) and a second side wall (outside of 27), a sealing member (sealant 23, dual surface seal 33) is disposed between the first side wall and the second side wall (both 23 and 33 are disposed between inside of 27 and outside of 27), and the sealing member 22/33 is sealing between the housing 27 and the heat dissipation member 36 (33 seals between 37 and 36 in assembled state), and is sealing between the housing 27 and the substrate 10 (23 seals between 27 and 10 in assembled state).
Regarding the preamble, “A server, comprising at least one electronic device”, if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See also Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997) (“where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation”); Kropa v. Robie, 187 F.2d at 152, 88 USPQ2d at 480-81.
In the instant case, the term “a server” can be broadly interpreted because the claims do not set forth the configuration or structure of the server. Thus, "a server, comprising at least one electronic device” is being interpreted as an electronic device intended to be/capable of being in a server. Thus, the limitation “A server, comprising at least one electronic device” merely recite the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations. Accordingly, the preamble is not considered a limitation and is of no significance to claim construction.
Further, if a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
In the instant case, the prior art device of Toy is capable of being in a sever.
Claims 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Augustin (US 6809937 B2).
As to Claim 17, Augustin discloses:
An electronic device (device of Fig. 2), comprising:
a circuit board 122;
a heat dissipation member 140;
a semiconductor device 110, disposed on the circuit board 122 (110 on board 122), wherein the semiconductor device 110 is located between the circuit board 122 and the heat dissipation member 140 (110 disposed between 122 and 140), wherein a first thermal interface material 142 is disposed between the semiconductor device 110 and the heat dissipation member 140 (142 is thermally conductive; col. 4, Lines 23-25 “The heat sink 140 includes an integral elevating platform 142 which is mounted on top of the CGA integrated package 110 to dissipate heat therefrom”); and
a sealing member 134, disposed around the first thermal interface material 142 (134 disposed between 140 and 128, around 142), wherein the sealing member 134 is sealing a gap (region between 114 and 140) a top wall 114 of the semiconductor device 110 and the heat dissipation member 140 (col. 4, Lines 53-55 “an isolation material 134 is also provided between the top of the support frame 126 and the bottom of the heat sink 140”).
As to Claim 18, Augustin discloses:
wherein the semiconductor device 110 comprises a housing (support frame 126), the housing 126 has an accommodating groove (see Fig. below), the sealing member 134 is accommodated in the accommodation groove (134 disposed in highlighted groove), and one end of the sealing member 134 is close to and abuts against the heat dissipation member (at least a portion of 134 within highlighted groove indirectly abuts 140).
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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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Toy (US 5956576 A) as applied to claims 1 and 11 above, and further in view of Du (US 20210335914 A1).
As to Claims 6 and 16, Toy does not disclose:
wherein the material of the sealing member comprises at least one of silica gel or butyronitrile.
However, Du discloses:
wherein the material of the sealing member comprises at least one of silica gel (Par. 0045 “Material of the sealant layer 54 includes, but is not limited to, a metal oxide or an organic silica gel, and has excellent barrier properties”) or butyronitrile;
in order to provide excellent barrier properties (Par. 0045).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Toy as further suggested by Du e.g., providing:
wherein the material of the sealing member comprises at least one of silica gel or butyronitrile;
in order to provide excellent barrier properties.
Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Augustin (US 6809937 B2) as applied to claim 17 above, and further in view of Toy (US 5956576 A).
As to Claim 19, Augustin discloses:
wherein the semiconductor device 110 comprises a housing (frame 126, lid 114).
Augustin does not disclose:
wherein the semiconductor device comprises a die and a housing, and a second thermal interface material is disposed between the housing and the die.
However, Toy discloses:
wherein the semiconductor device comprises a die (16 of Fig. 2) and a housing 27, and a second thermal interface material 28 is disposed between the housing (cover 25, corresponds to 114 of Augustin) and the die 16 (col. 8, Lines 4-8 “A thermally conductive material 28, is usually applied over the exposed surface of the chip 16, such that a direct thermal contact is made between the chip 16, and cap or cover 20, when the cap 20, is placed over to cover the chip 16”);
in order to provide direct thermal contact between a chip and cover (col. 8, Lines 4-8).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Augustin as further suggested by Toy e.g., providing:
wherein the semiconductor device comprises a die and a housing, and a second thermal interface material is disposed between the housing and the die;
in order to provide direct thermal contact between a chip/die and cover/housing.
As to Claim 20, the obvious modification of Augustin in view of Toy discloses:
wherein the housing (frame 126/lid 114 of Augustin) comprises a first side wall (top side of 126) and a second side wall (bottom side of 126), an accommodation groove (highlighted grove in rejection of claim 18 above) between the first side wall and the second side wall (highlighted groove is between top side and bottom side of 126), wherein the sealing member 134 is disposed in the accommodation groove (134 disposed in groove), a first end of the sealing member is close to and abuts against the heat dissipation member 140 (top portion of 134 indirectly abuts 140), and a second end of the sealing member is close to and abuts against a substrate 112 of the semiconductor device 110 (bottom portion of 134 abuts 112; Augustin).
Allowable Subject Matter
Claims 2-5 and 12-15 are 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.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
As to claims 2-5 and 12-15, the allowability resides in the overall structure and functionality of the device as recited in the dependent claims 2 and 12-15, including all of the limitations of their base claims and intervening claims, and at least in part, because claims 2 and 12-15 recite the following limitations:
“wherein an accommodation groove is located between the first side wall and the second side wall, and the accommodation groove extends in a direction pointing from the heat dissipation member to the circuit board, and penetrates through the housing; and
the sealing member is disposed in the accommodation groove, a first end of the sealing member that is close to the heat dissipation member abuts against the heat dissipation member, and a second end of the sealing member that is close to the substrate abuts against the substrate.” – claim 2;
“wherein an accommodation groove is located between the first side wall and the second side wall, and the accommodation groove extends in a direction pointing from the heat dissipation member to the circuit board, and penetrates through the housing; and
the sealing member is disposed in the accommodation groove, a first end of the sealing member that is close to the heat dissipation member abuts against the heat dissipation member, and a second end of the sealing member that is close to the substrate abuts against the substrate.” – claim 12;
“wherein a first groove is located on a surface of the heat dissipation member that faces the semiconductor device, and the first end of the sealing member that is close to the heat dissipation member is disposed in the first groove.” – claim 13;
“wherein a second groove is located on a surface of the substrate that faces the housing, and the second end of the sealing member that is close to the substrate is accommodated in the second groove.” – claim 14;
“wherein a width of an orthographic projection, on the housing, that is part of the sealing member and that is located between the housing and the heat dissipation member, is greater than a width of the accommodation groove.” – claim 15.
Van Heerden (US 20040200736 A1) discloses a gasket disposed in a groove of a lid, however, does not disclose a groove penetrating through the housing or the claimed grooves in the heat dissipation member or substrate.
Toy (US 6218730 B1) discloses a sealing member in a U-shaped channel of a lid, however, does not disclose a groove penetrating through the housing or the claimed grooves in the heat dissipation member or substrate.
Coico (US 7468886 B2) discloses a sealant disposed between a thermal spreader and substrate, however, does not disclose a groove penetrating through the housing or the claimed grooves in the heat dissipation member or substrate.
The aforementioned limitations in combination with all remaining limitations of claims 2 and 12-15, are believed to render said claims 2 and 12-15 and all claims dependent therefrom allowable over the prior art of record, taken alone or in combination.
Further, Examiner has not identified any double patenting issues.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW S MUIR whose telephone number is (571)270-1329. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached at 571-272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW SINCLAIR MUIR/ Examiner, Art Unit 2841
/Jayprakash N Gandhi/ Supervisory Patent Examiner, Art Unit 2841
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