Jian Li et al.Download PDFPatent Trials and Appeals BoardAug 6, 201914242485 - (D) (P.T.A.B. Aug. 6, 2019) 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. 14/242,485 04/01/2014 Jian Li 10829-9110.US00 9886 46844 7590 08/06/2019 PERKINS COIE LLP - Micron PATENT-SEA PO BOX 1247 SEATTLE, WA 98111-1247 EXAMINER KIELIN, ERIK J ART UNIT PAPER NUMBER 2814 NOTIFICATION DATE DELIVERY MODE 08/06/2019 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): patentprocurement@perkinscoie.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte JIAN LI and STEVEN K. GROOTHUIS ____________ Appeal 2018-006666 Application 14/242,4851 Technology Center 2800 ____________ Before DONNA M. PRAISS, DEBRA L. DENNETT, and SHELDON M. MCGEE, Administrative Patent Judges. MCGEE, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134, Appellant seeks our review of the Examiner’s rejection of claims 1, 3, 4, 6–8, 16–18, 20, and 35–48. App. Br. 8–9. We have jurisdiction. 35 U.S.C. § 6. We affirm. 1 Appellant is the Applicant, Micron Technology, Inc., which is also identified as the real party in interest. App. Br. 3. Appeal 2018-006666 Application 14/242,485 2 BACKGROUND The subject matter on appeal as set forth in independent claims 1 and 16 is directed to semiconductor die assemblies having, inter alia, multiple logic dies positioned in the same stack with a plurality of memory dies positioned between a first and second logic die. App. Br. 26–27, 29. Claim 1 is illustrative of the appealed subject matter, and is copied below from the Claims Appendix to the Appeal Brief. 1. A semiconductor die assembly, comprising: a package substrate; a first logic die including first bond pads and a memory controller operably coupled to the first bond pads; a second logic die positioned on the package substrate and including second bond pads, a communication component operably coupled to the second bond pads, and a peripheral portion extending beyond a footprint of the first logic die, wherein the communication component is configured to deserialize serial data received over the package substrate into parallel data streams; a stack of memory dies positioned on the second logic die and disposed between the first and second logic dies, wherein the first logic die is positioned on the stack of memory dies; a plurality of through-stack interconnects collectively forming a parallel data connection between the memory controller and the communication component, wherein each of the through-stack interconnects extends through the entire stack of memory dies to connect one of the first bond pads of the first logic die to a corresponding one of the second bond pads of the second logic die for receiving one of the parallel data streams, and wherein the through-stack interconnects are arranged to provide the parallel data streams to the memory controller simultaneously over the parallel data connection; a thermally conductive casing having a cap portion over the first logic die and a wall portion extending from the cap portion, wherein the wall portion has a bottom surface attached to only the second logic die at the peripheral region and is Appeal 2018-006666 Application 14/242,485 3 configured to dissipate heat produced by the communication component during operation; and a dielectric underfill material at least partially encapsulating at least one of the first logic die, second logic die, and memory dies, wherein the dielectric underfill material contacts the thermally conductive casing. Id. at 26–27. The Examiner rejects claims 1, 3, 4, 6–8, 16–18, 20, and 35–48 under 35 U.S.C. § 103(a) as set forth on pages 3–32 of the Final Office Action dated July 17, 2017. OPINION Appellant argues limitations present in independent claim 1, but does not advance separate arguments directed to any other claim. App. Br. 14– 24. We, therefore, select claim 1 as representative and decide the appeal on the basis of claim 1 alone. See 37 C.F.R. § 41.37(c)(1)(iv). We review the appealed rejections for error based upon the issues identified by Appellant and in light of the arguments and evidence produced thereon. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential), cited with approval in In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011) (“[I]t has long been the Board’s practice to require an applicant to identify the alleged error in the examiner’s rejections.”). The dispositive issue in this appeal is whether Appellant has identified reversible error in the Examiner’s determination that, based on the collective teachings of the prior art, it would have been obvious to separate the memory controller and the communication component onto two separate logic dies located in the same stack as recited in claim 1. Appeal 2018-006666 Application 14/242,485 4 We have considered Appellant’s arguments (App. Br. 8–24; Reply Br. 1–5) and are unpersuaded that Appellant has identified any such error. Therefore, we sustain the obviousness rejections of claim 1––and thus all claims on appeal––based on the findings of fact, conclusions of law, and rebuttals to arguments well-expressed by the Examiner in the Final Action and in the Answer. We add the following only for emphasis. In arguing that the cited references fail to disclose or suggest each element of claim 1, Appellant addresses the teachings of the Hung2 and Wu3 references separately. App. Br. 14–15. Consistent with the oft-stated principle set forth by our reviewing court, such arguments are unpersuasive because “[n]on-obviousness cannot be established by attacking references individually where the rejection is based upon the teachings of a combination of references. . . . [The reference] must be read, not in isolation, but for what it fairly teaches in combination with the prior art as a whole.” In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986). We furthermore discern no persuasive merit in Appellant’s argument that the Examiner’s “proposed combination of Hung and Wu would render Hung unsatisfactory for its intended purpose and change its principle of operation.” App. Br. 16–18. Here, we express our agreement with the Examiner (Ans. 35–37) that Appellant argues the bodily incorporation of Wu’s features into Hung’s structure, and has furthermore failed to provide evidence establishing that “additional circuitry” would be required to accomplish the Examiner’s proffered modification of Hung to separate 2 US 2015/0035135 A1, published Feb. 5, 2015. 3 US 8,546,955 B1, issued Oct. 1, 2013. Appeal 2018-006666 Application 14/242,485 5 controller functionality and SERDES functionality onto separate dies. App. Br. 17. Without evidentiary support that additional circuitry would be required, and that such circuitry would, in fact, change Hung’s principle of operation, the preponderance of the evidence supports the Examiner’s determination that Hung and Wu are properly combinable. Finally, we stress our disagreement with Appellant’s argument that the Examiner provided an insufficient rationale regarding why the skilled artisan would have been motivated to combine the teachings of Hung and Wu. App. Br. 19–21. Here, the Examiner provides numerous reasons why the skilled artisan would have been so motivated (Final Act. 9–11), some of which are not addressed by Appellant. For example, Appellant does not specifically respond to the Examiner’s determinations that separating the memory and controller functions onto separate dies would have been a finite number of predictable solutions with a reasonable expectation of success and, furthermore, would have been an obvious arrangement of parts. Id. at 11. For these reasons, and those provided by the Examiner, we hold that Appellant has failed to identify reversible error in the Examiner’s rejections of claims 1, 3, 4, 6–8, 16–18, 20, and 35–48. We, therefore, sustain the Examiner’s rejections of these claims. DECISION The Examiner’s final decision to reject claims 1, 3, 4, 6–8, 16–18, 20, and 35–48 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). Appeal 2018-006666 Application 14/242,485 6 AFFIRMED Copy with citationCopy as parenthetical citation