Ex Parte Pagaila et al

Patent Trial and Appeal Board

Jan 29, 2019

13225683 (P.T.A.B. Jan. 29, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/225,683 09/06/2011
112165 7590 01/31/2019
STATS ChipPAC/PATENT LAW GROUP:
Atkins and Associates, P.C.
55 N. Arizona Place, Suite 104
Chandler, AZ 85225
FIRST NAMED INVENTOR
Reza A. Pagaila
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
2515.0261 1589
EXAMINER
BOYLE, ABBIGALE A
ART UNIT PAPER NUMBER
2816
NOTIFICATION DATE DELIVERY MODE
01/31/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
main@plgaz.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Exparte REZA A. PAGAILA, BYUNG TAI DO, and
LINDA PEI EE CHUA
Appeal2018-002544
Application 13/225,683
Technology Center 2800
Before TERRY J. OWENS, CATHERINE Q. TIMM, and
SHELDON M. MCGEE Administrative Patent Judges.
TIMM, Administrative Patent Judge.
DECISION ON APPEAL 1
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellants2 appeal from the
Examiner's decision to reject claims 51-72. We have jurisdiction under
35 U.S.C. § 6(b).
We AFFIRM-IN-PART.
1 In explaining our Decision, we cite to the Specification of September 6,
2011 ("Spec."), Final Office Action of December 15, 2016 ("Final Act."),
Appeal Brief of May 10, 2017 ("Appeal Br."), Examiner's Answer of
November 9, 2017 ("Ans."), and Reply Brief of January 9, 2018 ("Reply
Br.").
2 Appellants identify the real party in interest as ST ATS ChipP AC Pte. Ltd.
Appeal Br. 1.
Appeal2018-002544
Application 13/225683
The claims are directed to a semiconductor device. See, e.g., claims
51, 56, 62, and 68.
Figures 5a, 7 a, 9a, and 11 a are cross-sectional views of the device of
the independent claims. We reproduce Figure 11 a, as annotated by
Appellants (Appeal Br. 12), to illustrate:
(ff>til;:~H\~.::~:1 ,E:d-q:Z1 ot·
tK>rlit:::r: ${~:fr\:::;:_').ntt.~~:~=tt}f
.! .. ' { ,7 ., {.•,:
Annotated Figure I la illustrates semiconductor device 262, which is a fan-
out wafer level chip scale package (Fo-WLCSP)
The semiconductor device of Figure 11 a includes encapsulant 244
deposited around semiconductor die 124. Spec. ,r 72. As shown in
annotated Figure 11 a, encapsulant 244 extends outward from the side
surfaces of semiconductor die 124 to form peripheral regions outside a
footprint of semiconductor die 124. Spec. ,r 72. The peripheral regions
include recessed interconnect areas 264. Id.
The recess interconnect areas 264 reduce the profile of the
semiconductor device 262. Spec. ,r 72. This is because the interconnect
structure (e.g., bumps 268 in Fig. 12 and bond wires 382 in Fig. 19) will fit
within the recess interconnect areas as shown, for example, in Figure 12,
which is reproduced below:
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Appeal2018-002544
Application 13/225683
Portion of Figure 12 showing right-hand peripheral portion of semiconductor
device 266 with bump 268 in recessed interconnect area 264 of Figure 11 a
At recessed interconnect areas 264 (where bumps 268 reside), the
encapsulant 244 includes a sidewall and a horizontal portion that extends
from the sidewall to an edge of the semiconductor device 262. See
Annotated Fig. 11 a, above.
The semiconductor device 262 includes conductive layer ( 154 in Fig.
12, 254 in Fig. I la), which is conformally applied over contact pads 132 and
insulating layer 252 using a patterning and metal deposition process. Spec.
,r 69. Conductive layer 254 electrically connects portions of the
semiconductor die 124, such as the contact pads 132, to bumps (e.g. bumps
268 in Fig. 12) and bond wires (e.g., bond wires 382 in Fig. 19).
Claim 68 is the broadest claim on appeal and we reproduce this claim
with reference numerals from Figure 11 a to further illustrate:
68. A semiconductor device [262], comprising:
a first semiconductor die [ 124];
an encapsulant [244] deposited around side surfaces of
the first semiconductor die [ 124] and including a recessed
interconnect area [264] including a sidewall and horizontal
portion of the encapsulant [264] in a peripheral region outside a
footprint of the first semiconductor die [124], wherein the
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Appeal2018-002544
Application 13/225683
horizontal portion of the encapsulant [244] extends from the
sidewall to an edge of the semiconductor device [262]; and
a first conductive layer [254] formed over the first
semiconductor die [124] and encapsulant [244] and extending
from a contact pad [132] of the first semiconductor die [124]
along the sidewall and over the horizontal portion of the
encapsulant [244] within the recessed interconnect area [264].
Appeal Br. 44 (claims appendix).
The Examiner maintains the following rejections: 3
A. The rejection of claims 54, 55, 60, 61, and 67 under 35 U.S.C.
§ 112 ,r 1 as lacking written descriptive support;
B. The rejection of 62, 64, 66-68, 70, and 72 under 35 U.S.C.
§ 102(b) as anticipated by Meyer; 4
C. The rejection of claims 65 and 71 under 35 U.S.C. § I03(a) as
obvious over Meyer in view ofLee; 5
D. The rejection of claims 51, 53, 55-58, 61, 63, and 69 under 35
U.S.C. § I03(a) as obvious over Meyer in view ofLin; 6
E. The rejection of claims 52, 54, 59, and 60 under 35 U.S.C.
§ I03(a) as obvious over Meyer in view of Lin and Lee.
OPINION
3 The Examiner withdrew the rejection of claims 51 and 56 under 35 U.S.C.
§ 112 ,r 2. Ans. 2.
4 Meyer et al., US 7,208,345 B2, issued April 24, 2007.
5 Lee et al., US 2008/0137312 Al, published June 12, 2008.
6 Lin et al., US 7,811,863 Bl, issued October 12, 2010.
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Appeal2018-002544
Application 13/225683
Rejection A
The Examiner rejects claims 54, 55, 60, 61, and 67 under 35 U.S.C.
§ 112 ,r 1 as lacking written descriptive support. Final Act. 4--6. Because
the issues are the same for claims 54 and 60, we address those claims
together. Because the issues for claims 55, 61, and 67 are the same, we
address those claims together.
Claims 54 and 60
For the rejection of claims 54 and 60, because claim 60 is broader
than claim 54, 7 we select claim 60 as representative for discussing the issue
on appeal.
Claim 60 depends from claim 56. Claim 56 requires a second
conductive layer formed over the first semiconductor die. Although
Appellants' label only one conductive layer 254, Figure 1 lb depicts
conductive layer 254 as a pattern of conductive material leading from
various parts of the semiconductor die 124 outward through the recessed
interconnect areas 264 to the edge of the semiconductor device 262.
Appellants annotate one portion of conductive layer 254 the first conductive
layer and another portion of conductive layer 254 the second conductive
7 Appellants direct their arguments to the narrower claim 54 and fail to
argue claim 60 separately. Appeal Br. 10-13. This selection of narrower
claims occurs throughout the Brief. Appellants also order their claims from
narrowest independent claim ( claim 51) to broadest independent claim
(claim 68). Normally, claims are ordered in the opposite manner, i.e., from
broadest to narrowest. See 37 C.F.R. § 1.75(g) and MPEP § 608.0l(m) (9th
ed. 2018) ("Claims should preferably be arranged in order of scope so that
the first claim presented is the least restrictive."). Where error is identified
in the rejection of broader claims, there is no need to separately consider the
rejection of narrower claims. Thus, we select the broadest claims to begin
our analysis in all cases.
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Appeal2018-002544
Application 13/225683
layer. 8 Appeal Br. 11. We reproduce Appellants' annotated Figure 11 b to
show Appellants' labeling:
Annotated Figure 11 b depicts a bottom view of the semiconductor
device of Figure I la
We will label the "first conductive layer" 254a and the "second
conductive layer" 254b. 9 We reproduce an annotated Figure 11 a to show the
locations of two conductive layer portions 254a and 254b:
8 What Appellant annotates as first and second conductive layers in Figure
11 b are described in the written description as portions of conductive layer
254 electrically connected to contact pad 132 and other portions electrically
common or electrically isolated depending on the design and function of
semiconductor die 124. Spec. ,r 69.
9 As is evident from the need to annotate the drawings, the drawings fail to
show details for a proper understanding of the claimed invention contrary to
37 C.F.R. § 1.83. See MPEP § 608.02(d) ("Any structural detail that is of
sufficient importance to be described should be shown in the
drawing."). The Examiner has objected to the drawings on other grounds.
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Appeal2018-002544
Application 13/225683
Fl(/. J'lo
Annotated Figure 11 a illustrates a fan-out wafer level chip scale
package (Fo-WLCSP) with first conductive layer portion 254a and second
conductive layer portion 254b
Claim 60 further requires a second semiconductor die disposed within
the first encapsulant over the first semiconductor die.
Figure 16 depicts a semiconductor device encompassed by claim 60.
We reproduce Figure 16 with annotations to show the location of first and
second conductive layer portions, which we label 294a and 294b:
,r286
294a 294b
FIG. 16
Annotated Figure 16 depicts a Fo-WLCSP with recessed interconnect areas
in a peripheral region of stacked semiconductor die
The device of Figure 16 includes second semiconductor die 27 6,
which is added per the steps shown in Figures 15a-15e. Spec. ,r,r 77-85.
Final Act. 2. However, Appellants should label all the annotated features
reproduced in our Decision.
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Appeal2018-002544
Application 13/225683
The steps of Figures 15a-15e are a continuation from the step shown in
Figure 4e, which is a step in the process of forming the F o-WLCSP
semiconductor device of Figure 5a. Spec. ,r,r 35, 77. Like the device of
Figure 11 a, the device of Figure 5a has separate portions of a conductive
layer leading to various points on the semiconductor die to the areas for
bonding to bumps or bond wires. Compare Fig. 5b, with Fig. 11 b. Thus,
like the conductive layer 254 depicted in Figure 11 b, the conductive layer
294 of Figure 16 has first and second conductive layer portions. Claim 60
also requires a plurality of bumps. Annotated Fig. 16 at 284.
In rejecting claims 54 and 60, the Examiner finds that the
Specification fails to disclose forming bumps between the second
semiconductor die and the second conductive layer. Final Act. 4---6.
We agree with Appellants that when Figure 16 is read in the context
of the entire written description, the structure recited in claims 54 and 60 has
written descriptive support. Appeal Br. 10-11; Reply Br. 2-3. The key
claim recitation, with reference numerals inserted, reads:
a plurality of bumps [284]/ormed between contact pads
[282] of the second semiconductor die [276] and the first
conductive layer [294a] or the second conductive layer [294b]
formed over the horizontal portion of the first encapsulant
within the recessed interconnect area [308].
Appeal Br. 39, 41--42 (claims appendix) (emphasis added). As shown in
Figure 16, the bumps 284 on the left side are formed between the left-hand
contact pads 282 of second semiconductor die 276 and one conductive layer
294a (first conductive layer portion) and the bumps 284 on the right-hand
side are formed between the right-hand contact pads 282 and another
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Appeal2018-002544
Application 13/225683
conductive layer 294b (second conductive layer portion). Thus, Figure 16
and the written description provide the necessary support.
The true problem here is not one of lack of written descriptive
support. The problem is that the drawings do not label the first and second
conductive layer portions separately. The other problem is that the "first
conductive layer" and "second conductive layer" language of the claims
lacks antecedent basis in the written description and this has caused
confusion. 10
We do not sustain the Examiner's rejection of claims 54 and 60 as
lacking written descriptive support.
Claims 55, 61, and 67
For the rejection of claims 55, 61, and 67 as lacking written
descriptive support, we select claim 67 as representative to resolve the issues
on appeal.
Claim 67 is directed to the embodiments shown in Figure 19 and 20.
We reproduce the Examiner's annotated Figure 19 (Ans. 6), below:
10 It would be appropriate for the Examiner to object to the written
description under 37 C.F.R. § 1.75(d)(l) and require applicant to amend the
description to provide antecedent basis for the terms appearing in the claims
in a manner that does not add new matter. See MPEP § 608.0l(o).
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Application 13/225683
Figure 19 illustrates a F o-WLCSP as an internal stacking module
(ISM) in a package-in-package (PiP) arrangement
Claim 67 depends from claim 62. Claim 62 is directed to the structure
in the center of Figure 19, i.e., the combination of semiconductor die 124,
first encapsulant 148, and first conductive layer 154 with an interconnect
structure ( e.g., bond wires 382). Claim 67 further limits the semiconductor
device to that of Figures 19 or 20 by adding "a substrate [362 in Fig. 19],
wherein the first semiconductor die [124] is disposed over the substrate
[362]" and "a second encapsulant [384] deposited over the substrate [362]
and the interconnect structure [382] in the recessed interconnect area [168].
Claim 67, Spec. ,r 104.
The Examiner finds that written descriptive support is lacking because
claim 62 requires the first encapsulant 148 to have a horizontal portion
extending from the sidewall to an edge of the semiconductor device and, in
the embodiments of Figures 19 and 20, the edge of the semiconductor device
is defined by the second encapsulant ( dotted line B in annotated Figure 19),
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Appeal2018-002544
Application 13/225683
which extends beyond the horizontal portion of the first encapsulant ( dotted
line A in annotated Figure 19). Final Act. 7; Ans. 6.
Appellants have not identified a reversible error in the Examiner's
finding of lack of written descriptive support. Appellants contend that the
edge of the semiconductor device remains the edge of semiconductor device
262 shown in Figure I la (dotted line A in annotated Figure 19). Appeal Br.
12-13. Appellants are incorrectly reading the preamble of claim 67. The
preamble of claim 67 designates the claim as directed to the semiconductor
device that includes the structures recited in the body of claim 67. The body
of claim 67 recites the second encapsulant 3 84 as included in this
semiconductor device. The edge of the semiconductor device as shown in
Figures 19 and 20 is not at the edge of the first encapsulant, but at the edge
of the second encapsulant ( dotted line B).
We sustain the Examiner's rejection of claims 55, 61, and 67 as
lacking written descriptive support.
Rejection B
The Examiner rejects 62, 64, 66-68, 70, and 72 under 35 U.S.C.
§ 102(b) as anticipated by Meyer.
All of the rejected claims require an encapsulant including a recessed
interconnect area including a sidewall and horizontal portion that extends
from the sidewall. See, e.g., claim 68.
The Examiner points to two different encapsulants shown in Meyer's
Figure 19. Final Act. 10-11. We reproduce Figure 19, as annotated by the
Examiner (Ans. 26), below:
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Appeal2018-002544
Application 13/225683
A
-54
-30"
30'
51
Annotated Figure 19 depicts a semiconductor device
including stacked ships 10' and 1 O"
We agree with Appellants that Meyer's stacked arrangement does not
meet the requirements of the claims. Appeal Br. 33-34. Meyer's stacked
arrangement is formed by placing embedded chip 30" (die 10" and mould 5"
(upper cross-hatched region adjacent die 10" in Fig. 19)) onto adhesive layer
16' (Fig. 12-13, col. 4, 11. 50-52), which is located on embedded chip 30'
(die 10' and mould 5' (lower cross-hatched region adjacent die 10' in Fig.
19)). Meyer col. 4, 11. 50-68. The claims require "an encapsulant" having a
sidewall and a horizontal portion. Meyer's two adhesively joined
encapsulants are not "an encapsulant" with the necessary structure. Nor,
contrary to the finding of the Examiner, is Meyer's conductive layer 15" a
first conductive layer extending over the horizontal portion of "the
encapsulant," which must be read as the encapsulant defined in the first
clause of claim 68, which has both a sidewall and a horizontal portion.
We do not sustain the Examiner's rejection of claims 62, 64, 66-68,
70, and 72 under 35 U.S.C. § 102(b) as anticipated by Meyer.
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Appeal2018-002544
Application 13/225683
Rejections C-E
The Examiner rejects claims 65 and 71 under 35 U.S.C. § 103(a) as
obvious over Meyer in view of Lee, claims 51, 53, 55-58, 61, 63, and 69
under 35 U.S.C. § 103(a) as obvious over Meyer in view of Lin, and claims
52, 54, 59, and 60 under 35 U.S.C. § 103(a) as obvious over Meyer in view
of Lin and Lee. Each of these rejections relies on Meyer in the same
capacity as in the anticipation rejection. The Examiner's application of Lin
and Lee does not cure the defect discussed above.
We do not sustain the Examiner's rejection of claims 65 and 71 under
35 U.S.C. §103(a) as obvious over Meyer in view of Lee, claims 51, 53, 55-
58, 61, 63, and 69 under 35 U.S.C. § 103(a) as obvious over Meyer in view
of Lin, or claims 52, 54, 59, and 60 under 35 U.S.C. § 103(a) as obvious
over Meyer in view of Lin and Lee.
CONCLUSION
In summary:
54, 60, 55, 61, § 112 if 1 55,61,67 54,60
67
62, 64, 66-68, § 102(b) Meyer 62, 64, 66-68,
70, and 72 70, and 72
65, 71 § 103(a) Me er, Lee 65, 71
51, 53, 55-58, § 103(a) Meyer, Lin 51, 53, 55-58,
61, 63, and 69 61, 63, and 69
52,54,59,60 § 103(a) Meyer, Lin, Lee 52,54,59,60
Summary 55,61,67 51-54, 56-60,
62---66,68-72
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Application 13/225683
DECISION
The Examiner's decision is affirmed-in-part.
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal maybe extended under 37 C.F.R. § 1.136(a)(l).
AFFIRMED-IN-PART
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