Ex Parte Foong et alDownload PDFBoard of Patent Appeals and InterferencesJun 26, 201211125396 (B.P.A.I. Jun. 26, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/125,396 05/04/2005 Yin Lye Foong 0180325 2288 25700 7590 06/27/2012 FARJAMI & FARJAMI LLP 26522 LA ALAMEDA AVENUE, SUITE 360 MISSION VIEJO, CA 92691 EXAMINER ARORA, AJAY ART UNIT PAPER NUMBER 2892 MAIL DATE DELIVERY MODE 06/27/2012 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte YIN LYE FOONG, CHENG SIM KEE, LAY HONG LEE and MOHAMED SUHAIZAL BIN ABU-HASSAN ____________ Appeal 2009-015266 Application 11/125,396 Technology Center 2800 ____________ Before ERIC S. FRAHM, KRISTEN L. DROESCH and KALYAN K. DESHPANDE, Administrative Patent Judges. DROESCH, Administrative Patent Judge. DECISION ON APPEAL Appeal 2009-015266 Application 11/125,396 2 STATEMENT OF THE CASE Appellants seek review under 35 U.S.C. § 134(a) of a final rejection of claims 1-5, 7, 8, 10, 11, 13, 16, 17, 20, 21, 23, 25-27 and 34 1 . We AFFIRM. BACKGROUND Appellants’ disclosed invention relates to a method for manufacturing a multi-chip module that mitigates wire breakage. A first semiconductor chip is mounted and wirebonded to a support substrate. A spacer is coupled to the first semiconductor chip. A support material is disposed on the spacer and a second semiconductor chip is positioned on the support material. The second semiconductor chip is pressed into the support material squeezing it into a region adjacent the spacer and between the first and second semiconductor chips. Alternatively, the support material is disposed on the first semiconductor chip and a die attach material is disposed on the spacer. The second semiconductor chip is pressed into the die attach material and the support material, squeezing a portion of the support material over the spacer edges. Wirebonds are formed between the support substrate and the first and second semiconductor chips. Abs; see Spec 2, ll. 6-28. Independent claim 1 is illustrative and is reproduced below (disputed limitations in italics): A method for manufacturing a multi-chip module, comprising the steps of: providing a support substrate having first and second major surfaces, wherein the support substrate has a chip receiving area and a plurality of bonding pads; 1 Claims 6, 9, 12, 14, 15, 18, 19, 22, 24, 28-33 have been cancelled. Appeal 2009-015266 Application 11/125,396 3 coupling a first semiconductor chip to the chip receiving area, the first semiconductor chip having a plurality of bonding pads; coupling a first bonding pad of the plurality of bonding pads of the first semiconductor chip to a first bonding pad of the plurality of bonding pads of the support substrate; coupling a spacer to a central portion of the first semiconductor chip; disposing an uncured support material on at least one of the spacer or the first semiconductor chip; positioning a second semiconductor chip on the uncured support material, the second semiconductor chip having a first major surface and a plurality of bonding pads, wherein positioning the second semiconductor chip squeezes the uncured support material in a lateral direction, thereby causing the uncured support material to substantially fill a region between the first and second semiconductor chips so as to provide support for a peripheral portion of the second semiconductor chip; and coupling a first bonding pad of the plurality of bonding pads of the second semiconductor chip to a second bonding pad of the plurality of bonding pads of the support substrate. Rejections on Appeal Claims 1-5, 7, 8, 13, 16, 17, 20, 21, 23, 25-27 and 34 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Goller (6,710,455) and Kim (2004/0201088). Claims 10 and 11 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Goller, Kim and Kang (6,943,294). ISSUES Did the Examiner err in determining that the combination of Goller and Kim render obvious the invention of claim 1 on the basis that Goller teaches a hardened support material that defines the spacing between Appeal 2009-015266 Application 11/125,396 4 semiconductor chips, and teaches away from using an uncured support material? Did the Examiner err in determining that the combination of Goller, Kim and Kang render obvious the invention of claim 11 on the basis that the proposed modification would render the invention described by Goller unsatisfactory for its intended purpose or change the principle of operation? ANALYSIS We have reviewed the Examiner’s rejection in light of Appellants’ arguments in the Appeal Brief presented in response to the Final Office Action. We disagree with Appellants’ conclusions and highlight and address specific findings and arguments for emphasis as follows. Rejection Based on Goller and Kim The Examiner relies on Goller, referring to Goller’s Figure 6 reproduced below, for teaching coupling a spacer 14 to a central portion of a first semiconductor chip 4, disposing a support material 16 on the first semiconductor chip 4 and positioning a second semiconductor chip 6 on the support material 16 or spacer 14. Ans. 5. Goller’s Figure 6 is reproduced below: Figure 6 depicts an electronic component. The Examiner further finds that the positioning of the second semiconductor chip 6 over the support material 16 is such that the weight of the second semiconductor chip 6 will exert a force on the support material 16, thereby Appeal 2009-015266 Application 11/125,396 5 squeezing the support material 16 in a lateral direction. Id. However, the Examiner finds that Goller does not teach that the support material 16 is an uncured support material. Ans. 5. The Examiner finds, referring to Kim’s Figures 10 and 12 reproduced below, that Kim teaches a first semiconductor chip 210 and a second semiconductor chip 310 with intervening uncured support material 170, 270. Ans. 6 (citing ¶ 0043). Kim’s Figures 10 and 12 are reproduced below: Figures 10 and 12 depict a manufacturing process for a semiconductor multi-chip package. The Examiner further finds that Kim teaches the positioning the second semiconductor chip 310 squeezes the uncured support material 170, 270 thereby causing the uncured support material to substantially fill a region between the first and second semiconductor chips. Id. (citing ¶ 0047, Figs. 10-11). The Examiner also finds that Kim’s uncured support material 170, 270 inherently functions to provide support for the peripheral portion of the second semiconductor chip 310 because any support for the second semiconductor chip supports (although to variable extents) any and every part of the second semiconductor chip. Ans. 6. Appeal 2009-015266 Application 11/125,396 6 The Examiner determined that it would have been obvious to one with ordinary skill in the art at the time of the invention to modify Goller so that the support material is an uncured support material, wherein positioning the second semiconductor chip squeezes the uncured support material in a lateral direction thereby causing the uncured support material to substantially fill a region between the first and second semiconductor chips so as to provide support for a peripheral portion of the second semiconductor chip. Ans. 6. The Examiner explains that one with ordinary skill in the art would have been motivated to do so for the purpose of using a deformable material to fill the space between the first and the second semiconductor chips which may have fragile interconnects, thus mitigating bending of fragile structures during a subsequent encapsulation process. Ans. 6-7 (citing ¶ 0049). Appellants argue that when Goller’s second semiconductor chip 6 is placed on the adhesive frame 16 (i.e., support material), the adhesive frame 16 is in a hardened condition which prevents the adhesive frame 16 from being squeezed so that it can substantially fill a region between the first and second semiconductor chips 4 and 6. Br. 8-9 (citing Goller col. 5, ll. 59-62; Fig. 6). Related to the previous argument, Appellants assert that since Goller’s Figure 6 shows that the adhesive frame 16 is not situated in close proximity to a peripheral portion of second semiconductor chip 6 and because the adhesive frame 16 is in a hardened condition when the semiconductor chip 6 is placed on the adhesive frame 16, the adhesive frame is prevented from being squeezed by semiconductor chip 6 to substantially fill the region between first and second semiconductor chips 4 and 6 and Appeal 2009-015266 Application 11/125,396 7 cannot provide support for the peripheral portion of the second semiconductor chip 6. Br. 8-10 (citing Goller col. 5, ll. 59-62). Appellants’ arguments are unsupported by objective evidence and are therefore unpersuasive. It is well known that different materials have varying levels of hardness that may or may not allow extrusion of the material upon the application of pressure. Appellants do not direct us to objective evidence to demonstrate that: (1) Goller’s adhesive frame 16, in its hardened condition is incapable of being squeezed when the second semiconductor 6 is placed on the adhesive frame 16; and (2) Goller’s adhesive frame 16 is incapable of providing some support for the peripheral portion of the second semiconductor chip 6. Argument of counsel cannot take the place of evidence lacking in the record. Meitzner v. Mindick, 549 F.2d 775, 782 (CCPA 1977) see also In re Pearson, 494 F.2d 1399, 1405 (CCPA 1974). Appellants also argue that since Goller’s adhesive frame 16 is utilized to define the spacing between the semiconductor chips 4 and 6, Goller teaches away from utilizing an uncured support material. Br. 9. Appellants argue that an uncured support material, such as Kim’s interposer material 170, 270, being a spreadable material, would not be reasonably utilized to define the spacing between the first and second semiconductor chips 4 and 6. Br. 11. Appellants do not direct us to objective evidence to demonstrate that: (1) an uncured material, or Kim’s interposer material 170, 270 is necessarily a spreadable material; and (2) that one with ordinary skill in the art would not utilize an uncured material to define the spacing between the first and second semiconductor chips. Appellants further do not direct us to where Goller suggests that any developments based on its disclosure would be Appeal 2009-015266 Application 11/125,396 8 unlikely to produce the objective of Appellants’ invention (i.e., providing a support material that can be squeezed in a lateral direction to substantially fill a region between semiconductor chips). See Syntex (U.S.A.) v. Apotex, Inc., 407 F.3d 1371, 1380 (Fed. Cir. 2005). The teaching of something different does not constitute a teaching away. In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004) (if a reference merely expresses a general preference for an alternative invention from amongst options available to the ordinarily skilled artisan, and the reference does not discredit or discourage investigation into the invention claimed, it does not teach away). In addition, we are unpersuaded by Appellants’ argument that since Goller’s adhesive layer 14 (identified by the Examiner as the claimed spacer) is utilized to bond second semiconductor chip 6 to first semiconductor chip 4, adhesive layer 14 is not and cannot be a spacer as required by claim 1. Br. 9. Appellants’ argument is conclusory and does not meaningfully explain why an adhesive layer cannot be a spacer. For all these reasons, we sustain the rejection of claims 1-5, 7, 8, 13, 16, 17, 20, 21, 23, 25-27 and 34 as obvious over Goller and Kim. Rejection Based on Goller, Kim and Kang Claim 11, dependent from claim 1, recites: “the spacer comprises a third semiconductor chip having first and second major surfaces and at least one bonding pad.†The Examiner does not rely on Goller or Kim for teaching the limitations of claim 11. Ans. 14. Instead, the Examiner finds, referring to Kang’s Figure 1 reproduced below, that Kang teaches a spacer 1401, 1302 and 1402 that comprises a third semiconductor chip 1302 having first and second major surfaces and a bonding pad 145. Id. Appeal 2009-015266 Application 11/125,396 9 Kang’s Figure 1 is reproduced below: Figure 1 depicts a die assembly. The Examiner determined that it would have been obvious to one with ordinary skill in the art at the time the invention was made to modify the combination of Goller and Kim so that the spacer would comprise a third semiconductor chip having first and second major surfaces and a bonding pad and would have been motivated to do so to provide additional circuit functionality without increasing package size. Ans. 14-15. Appellants argue that replacing Goller’s adhesive layer 14 (identified by the Examiner as the claimed spacer) with Kang’s spacer assemblies 1401, 1402 and die 1302, would result in a structure that would be substantially different functionally and structurally compared to Goller’s disclosed structure. Br. 13. Appellants assert that, for example, Goller’s adhesive frame 16 would no longer define the spacing between the semiconductor chips 4 and 6 and the adhesive frame 16 could no longer operate as intended in Goller. Br. 13. Appellants’ argument that the proposed modification would render Goller unsatisfactory for its intended purpose or change the principle of operation is unpersuasive. While the use of a Kang’s spacer comprising a semiconductor chip 1302 as proposed by the Examiner, may render Goller’s Appeal 2009-015266 Application 11/125,396 10 adhesive frame 16 redundant, Appellants do not present sufficient persuasive argument or objective evidence to demonstrate that the proposed modification would render Goller’s adhesive frame 16 incapable of assisting with defining the spacing between the semiconductor chips 4 and 6. For these reasons, in addition to those addressing claims 1-5, 7, 8, 13, 16, 17, 20, 21, 23, 25-27 and 34, we sustain the rejection of claims 10-11 as obvious over Goller, Kim and Kang. DECISION We AFFIRM the rejection of claims 1-5, 7, 8, 13, 16, 17, 20, 21, 23, 25-27 and 34 under 35 U.S.C. § 103(a) as unpatentable over Goller and Kim. We AFFIRM the rejection of claims 10 and 11 under 35 U.S.C. § 103(a) as unpatentable over Goller, Kim and Kang. TIME PERIOD No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED tj Copy with citationCopy as parenthetical citation