Prosecution Insights
Last updated: April 19, 2026
Application No. 17/713,857

LEAD-FREE SOLDER MATERIAL, LAYER STRUCTURE, METHOD OF FORMING A SOLDER MATERIAL, AND METHOD OF FORMING A LAYER STRUCTURE

Non-Final OA §103
Filed
Apr 05, 2022
Examiner
LUK, VANESSA TIBAY
Art Unit
1733
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Infineon Technologies AG
OA Round
5 (Non-Final)
54%
Grant Probability
Moderate
5-6
OA Rounds
3y 11m
To Grant
82%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
385 granted / 714 resolved
-11.1% vs TC avg
Strong +28% interview lift
Without
With
+27.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
50 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
26.6%
-13.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 714 resolved cases

Office Action

§103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/25/2025 has been entered. Status of Claims Claims 1-10, 14-16, 19-29, 31-35, 37, and 38 are pending. Of the pending claims, claims 1-10, 14-16, 19-29, 31, 37, and 38 are presented for examination on the merits, and claims 32-35 are withdrawn from examination. Claims 1, 37, and 38 are currently amended. Status of Previous Claim Rejections Under 35 USC § 112 The previous rejections of claims 1-10, 14-16, 19-29, 31, 37, and 38 under 35 U.S.C. § 112(b) are withdrawn in view of the amendments to claim 1. The previous rejections of claim 36 under 35 U.S.C. § 112(b) are moot in view of the canceled status of the claim. Claim Interpretation With respect to the solder particles (claim 1 – lines 2-4), the solder particles are interpreted as comprising (i) a first group of solder particles and (ii) a second group of solder particles. The first group of solder particles includes at least 30 wt.% nickel particles. The second group of solder particles includes a material different from material in the first group of solder particles. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-4, 6, 7, 19-24, 27, 37, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0160331 (A1) to Kukimoto et al. (“Kukimoto”). Regarding claim 1, Kukimoto discloses a solder paste composition (solder material). Abstract. In an embodiment, the solder paste includes a solder alloy powder and a flux (solvent composition in which the solder particles are dispersed). Abstract; para. [0015], [0038]. The solder alloy powder may be non-leaded solder (lead-free solder material). Para. [0041]. The solder paste includes a metallic powder (corresponds to a first group of solder particles). Abstract; para. [0015], [0054], [0055]. An example metallic powder is Ni, and the metallic powder can be entirely (first group of solder particles including at least 30 wt% nickel particles). Para. [0055]; Table 1 – Examples 5-7, 9, and 10. The solder paste includes solder alloy powders, such as Sn (tin) or Sn-based and non-leaded powders, that constitute a metallic species different from that of the metallic powder (corresponds to second group of particles including a material different from the first group of solder particles, the solder being lead-free). Abstract; para. [0015], [0040], [0041], [0054]. The flux (solvent composition) includes solvent (solvent composition comprising at least one solvent) and an activator. Para. [0045], [0051]. The activator may be halogenated hydroacid salts of amines and organic carboxylic acids (activator comprises at least one of an organic acid or salt thereof and an amine or salt thereof). Para. [0051]. To prepare the flux, the individual components are mixed, heated, melted, and cooled to room temperature, and the solder powders and metallic powder are added thereto by a kneading mixer. Para. [0096], [0097]. By incorporating the solvent in the flux and fabricating the flux before dispersing the alloy and metal powders therein, the flux contains at least one solvent wherein all or nearly all of the activator is arranged in the solvent composition. To apply the solder paste composition, the paste is applied to a preheated substrate and reflowed at a maximum temperature of approximately 170oC to 280oC (solder particles are configured for a solder temperature between about 200oC and about 450oC) (para. [0078]), which overlaps the claimed range. The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness. MPEP § 2144.05(I). It would have been obvious for one of ordinary skill in the art to select from among the prior art ranges because there is utility over an entire range disclosed in the prior art. Regarding claims 2-4, Kukimoto discloses that the activator can include halogenated hydroacid salts of amines (organic acid amine hydrohalide salt). Para. [0051]. Regarding claims 6 and 7, Kukimoto discloses that the activator can include organic carboxylic acids, such as adipic acid and benzoic acid (C1-C10 monocarboxylic and dicarboxylic acids). Para. [0051]. Regarding claim 19, Kukimoto discloses that the solvent can be glycols and other glycol ethers (alcohols) such as triethylene glycol monomethyl ether. Para. [0049]. Regarding claim 20, Kukimoto discloses a rosin in the flux. Para. [0046], [0047]. Regarding claim 21, Kukimoto discloses an example rosin such as tall oil rosin. Para. [0047]. Regarding claim 22, Kukimoto discloses a thixotropic agent in the flux. Para. [0045]. Regarding claim 23, Kukimoto discloses an example thixotropic agent such as hydrogenated castor oil. Para. [0050]. Regarding claim 24, Kukimoto discloses a rosin in the flux in an amount of 0.5-80% by weight (para. [0046]), which overlaps the claimed range. Regarding claim 27, Kukimoto discloses that the solder alloy powders can be Sn or Sn-based. Para. [0040], [0041]. Regarding claim 37, Kukimoto discloses that the solder particles may include Sn (second group of solder particles comprising tin solder particles). Para. [0040], [0041]. Regarding claim 38, Kukimoto discloses that the metallic powder may be made entirely of Ni (first group of solder particles consists of nickel). Para. [0055]; Table 1 – Examples 5-7, 9, and 10. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kukimoto, as applied to claim 1 above, with evidentiary reference to PubChem Compound Summary of Adipic Acid (“PubChem”). Regarding claim 5, Kukimoto teaches an example organic acid as being adipic acid (para. [0051]), but is silent regarding its pKa value. The pKa of adipic acid is 4.43 or 4.44 or 4.418 (PubChem at Section 3.2.22 – Dissociation Constants), which falls within the claimed range. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kukimoto, as applied to claim 6 above, alone, or further in view of US 2016/0311067 (A1) to Nachreiner et al. (“Nachreiner”). Regarding claims 8 and 9, it is noted that the organic diamines (claim 8) and the N-alkyl-substituted and unsubstituted organic diamines (claim 9) are optional claim elements because parent claim 6 only requires a minimum of one of the activator materials to fulfill the activator component (“at least one of”). In the present instance, Kukimoto already teaches an adipic acid (activator – C1-C10 monocarboxylic and dicarboxylic acids). Para. [0051]. Therefore, Kukimoto meets the claim as currently recited. Alternatively regarding claims 8 and 9, Kukimoto does not teach an organic diamine selected from a N-alkyl-substituted diamines and unsubstituted organic diamines as the activator predisposed on the solder particle. Nachreiner, directed to solder pastes, teaches that amines, in addition to adipic and oxalic acid, help solder paste not spread upon heating. Abstract; para. [0020], [0023]. Specific amines include 1,2-tetramethylethylenediamine; 1,2-tetraethylethylenediamine; or 1,2-tetrapropylethylenediamine. Para. [0034]. Amines also include N-coco-1,3-diaminopropane; 1,6-diaminohexane; 1,7-diaminoheptane; 1,8-diaminooctane; 1,9-diaminononane; and 1,10-diaminodecane. Para. [0040]. It would have been obvious to one of ordinary skill in the art to have used the diamines taught by Nachreiner as additional or alternative diamines in the paste of Kukimoto because they would decrease spreading of the paste upon heating, which would improve predictability of the areal coverage of the solder on the component being bonded. Regarding claim 10, Nachreiner teaches adding monoamines to the paste. Para. [0048], [0049]. Examples include diethanolamine and triethanolamine. Para. [0050]. Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kukimoto, as applied to claim1 above, and further in view of US 2008/0035710 (A1) to Furuno et al. (“Furuno”). Regarding claims 14-16, Kukimoto discloses an activator containing halogenated hydroacid salts of amines and organic carboxylic acids (para. [0051]), but not specifically a metal organic salt. Furuno teaches that activator can be an organic acid metal salt for regulating the action of the organic film. Para. [0018], [0019], [0032], [0033]. Controlling the action of the organic film is important because it controls the final amount of solder in the solder layer. Abstract; para. [0014]-[0017]. The organic acid metal salt acts to inhibit coalescence of the solder powder, which is needed to balance the acceleration of the coalescence of the solder powder and to make the solder layer uniform. Para. [0015]-[0017]. The organic metal salt is made of the acid component and the metal constituting the particle of the solder powder. Claim 7. This would be nickel or tin for the nickel and tin in the solder powder of Kukimoto. It would have been obvious to one of ordinary skill in the art to have used the organic acid metal salt, as taught by Furuno, as the organic acid in Kukimoto because it would help the uniformity of the solder layer. Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Kukimoto, as applied to claim 1 above, and further in view of EP 0140344 (A2) to Hwang (“Hwang”). Regarding claim 28, Kukimoto is silent regarding the viscosity of the solder paste. Hwang, directed to pastes for joining by soft soldering, infiltrating, facing metal work, or for a molding purpose, teaches that solder pastes typically have viscosities in the range of 20,000 cps to 200,000 cps (20-200 Pa·s) as measured by a Brookfield technique, with preferred viscosity depending on the method of dispensing or application of the paste to the materials to be joined. Page 1, lines 1-4; page 6, lines 10-11; page 7, lines 6-12; page 19, lines 13-28. It would have been obvious to one of ordinary skill in the art to have modified or maintained a solder paste viscosity of 20-200 Pa·s in the solder pastes of Kukimoto because the viscosity is a demonstrated as a suitable viscosity value, promoting the creation of a bonding paste that sufficiently and adequately joins objects in a soldering process. Although Hwang is silent as to the temperature at which the viscosity measurement was made, it would have been obvious to have measured at room temperature (about 20-30oC) because that is the temperature of the coupon before heating (page 21 at lines 1-6). Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Kukimoto in view of Hwang, as applied to claim 28 above, and further in view of US 2014/0130940 (A1) to Okada (“Okada ‘940”) and US 2014/0150929 (A1) to Sandstrom (“Sandstrom”). Regarding claim 29, Kukimoto is silent regarding the shear thinning index of the solder paste. Okada ‘940, directed to a solder paste, teaches that it is preferable for a solder paste to have a viscosity of 50-150 Pa·s and a thixotropic ratio of 0.3-0.5 (shear thinning index). Abstract; para. [0026]. When the thixotropic agent is lower, the stress is small against displacement (less resistance against shear). Para. [0064]. This allows the solder paste to be filled in even minute apertures. Para. [0064]. Although Okada ‘940 does not refer to the thixotropic ratio as a shear thinning index, the amount of energy needed to establish the slippage plane that allows for shearing is known as shear-thinning. Sandstrom at para. [0065], [0066]. Thus, the thixotropic ratio in Okada ‘940 is considered a measure of the shear thinning index. It would have been obvious to one of ordinary skill in the art to have limited the shear thinning index of the pastes of Kukimoto to 0.3-0.5, as taught by Okada ‘940, because that shear thinning index value would permit the paste to be used in tools and spaces that are narrow or small. Okada ‘940 and Sandstrom are silent as to the method of measurement, but it would be obvious to use the Brookfield tool of Hwang at room temperature because it can measure the ease with which fluid can flow when subjected to shear stress (viscosity), a property which is related to the thixotropic ratio. Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Kukimoto, as applied to claim 1 above, and further in view of US 2015/0027589 (A1) to Okada et al. (“Okada ‘589”). Regarding claim 31, Kukimoto is silent as to the amount of flux (solvent composition) evaporated at the soldering temperature. Okada ‘589, directed to a solder paste, teaches that solder paste can become residue-free when the components evaporate/subline in the process of heating during soldering. Para. [0068], [0069]. It is desirable to decompose and evaporate the flux during heating during soldering so that no residue remains in the soldered portion and causes corrosion. Para. [0022], [0023]. It would have been obvious to one of ordinary skill in the art to have burned all of the flux of the solder paste of Kukimoto at the conclusion of the soldering process so that no residue is in the final soldered product, leaving the bonding joint clean and less susceptible to corrosion. Claims 1, 22, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over EP 2556916 (A1) to Vivari (“Vivari”) in view of US 2017/0136585 (A1) to Shimizu (“Shimizu”). Regarding claim 1, Vivari discloses a solder material containing flux (solvent composition) and solder particles dispersed therein (solvent composition in which the solder particles are dispersed). Title; abstract. The flux can include an activator containing a weak organic acid or an amine (activator comprising at least one of a group of activator materials, the group consisting of an organic acid or salt thereof and an amine or salt thereof). Para. [0055]. The flux further contains solvent (solvent composition comprising at least one solvent) as a constituent of the flux. Abstract; para. [0009], [0017], [0045], [0050], [0054]. The flux is made by dissolving, mixing, and melting the individual constituent components (e.g., activator and solvent). Para. [0064]. Then, an alloy powder (the solder particles) is mixed with the flux. Para. [0064]. By incorporating the solvent in the flux and fabricating the flux before dispersing the alloy powder therein, the flux contains at least one solvent wherein all or nearly of the activator is arranged in the solvent composition. Melting temperatures of the solder are in excess of about 150oC, typically in the range of about 185oC to about 280oC (para. [0030]) (solder particles are configured for a soldering temperature between about 200oC to about 450oC), which overlaps the claimed range. An example reflow temperature is 230oC. Para. [0066]. The overlap between the ranges taught in the prior art and recited in the claims creates a prima facie case of obviousness. MPEP § 2144.05(I). It would have been obvious for one of ordinary skill in the art to select from among the prior art ranges because there is utility over an entire range disclosed in the prior art. Vivari teaches that the solder particles may comprise tin (Sn), lead (Pb), silver (Ag), bismuth (Bi), copper (Cu), antimony (Sb), indium (In), zinc (Zn), or nickel (Ni), or alloys or combinations thereof, as is appropriate for the application. Para. [0061]. Since Vivari teaches that lead (Pb) one of a variety of metals for the solder (para. [0061]), it is an optional element and need not be contained (solder material is lead-free). Although Vivari discloses nickel as the solder particle and that combinations of the aforementioned metals make up the solder particles, Vivari does not specify the claimed breakdown of a first group of solder particles that are at least 30 wt.% nickel particles and second group of solder particles that are different from the first group. Shimizu is directed to a nickel particle composition for bonding. Title; abstract; para. [0001]. To obtain sufficient bonding strength, the nickel particles are divided into two groups. Para. [0012]. One group is Component A, which is made nickel particle containing 99 wt.% or more nickel in one embodiment (corresponds to first group of solder particles including at least 30 wt.% nickel particles of the solder particles). Para. [0015], [0019], [0043]. The other group is Component B, which is made of a nickel fine particle containing 50 wt.% or more nickel element and may contain 1-10 wt.% content of a metal other than nickel, such as tin, titanium, cobalt, copper, chromium, manganese, iron, zirconium, tungsten, molybdenum, vanadium, or noble metal (e.g., gold, silver, platinum, palladium, iridium, osmium, ruthenium, rhenium) (corresponds to second group of solder particles including a material different from the first group of solder particles). Para. [0016], [0020], [0021], [0047], [0048]. By selecting this combination of metal particles and sizes for the bonding composition, the bonding composition readily undergoes inter-particle sintering. Para. [0013]. Therefore, it would have been obvious to one of ordinary skill in the art to have imported the nickel particle composition of Shimizu as the nickel solder particles of Vivari because the varied size and composition would facilitate and enhance joining and adhesion between particles in the solder. Regarding claim 22, Vivari discloses that the flux (solvent composition) can further contain a thixotrope (thixotropic agent). Para. [0056]. Regarding claim 26, Vivari discloses an example solder material containing an amount of 85 wt.% solder particles, the balance being the flux. Para. [0063]. This weight ratio of 85 wt.% falls within the claimed range. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Vivari in view of Shimizu, as applied to claim 22 above, and further in view of US 2014/0084461 (A1) to Sidhu et al. (“Sidhu”). Regarding claim 25, Vivari teaches that the flux can contain a thixotrope (thixotropic agent) (para. [0056]), but does not specify an amount or range. Sidhu, directed to flux materials for solder placement, teaches that thixotropic agent can be added for the purpose of controlling the temperature at which solid materials can resist softening. Para. [0030]-[0033]. Control of this temperature is important for solder placement for ensuring no bleeding during solder placement. Para. [0026]. In some embodiments, the flux may include 10-80% by weight of thixotropic agent (para. [0033]), which overlaps the claimed range. The flux may be combined with metal powder to form a solder paste. Para. [0029]. It would have been obvious to one of ordinary skill in the art to have selected a proportion of thixotropic agent in the flux composition of Vivari using the values taught by Sidhu because it would permit the user to control the softening temperature of the flux, thereby controlling accurate placement of the solder and improve the accuracy of the printing. Response to Arguments Applicant's arguments filed 11/25/2025 have been fully considered, but they are not persuasive. Applicant argues that Kukimoto does not teach the claimed invention because Kukimoto teaches 20% by weight or less nickel powder, which is less than the claimed range requiring that the solder powder contain at least 30% by weight nickel particles. In response, the argument is not persuasive because it is not commensurate in scope with the claimed invention. The claim does not recite that at least 30 wt.% of all solder particles are nickel particles, as Applicant appears to suggest. It should be noted that the claim does not specify the relative proportions of first group of solder particles to the second group of solder particles. Therefore, one cannot conclude that the “at least 30 wt.% nickel particles” constrains the total compositional makeup for all solder particles. Claim 1 recites that the solder particles comprise a first group of solder particles and a second group of solder particles. Among the first group of solder particles, at least 30 wt.% are nickel particles. This interpretation is supported by dependent claim 38 in which the first group of solder particles consist of nickel (i.e., first group of solder particles contains only nickel), but the whole solder particle composition cannot consist of nickel because the solder particles also contain a second group of solder particles that must include a material different from the first group of solder particles. Kukimoto still meets the invention as claimed because the metallic powder component, which corresponds to the first group of solder particles, may contain only nickel powder (para. [0055]; Table 1 – Examples 5-7, 9, and 10). If the metallic powder is entirely nickel powder, then the metallic powder is 100% nickel. This satisfies the claim limitation of the first group of solder particles including at least 30 wt.% nickel particles. Thus, the claimed invention does not distinguish itself from the teachings of the cited prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VANESSA T. LUK whose telephone number is (571)270-3587. The examiner can normally be reached Monday-Friday 9:30 AM - 4:30 PM ET. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith D. Hendricks, can be reached at 571-272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VANESSA T. LUK/Primary Examiner, Art Unit 1733 February 21, 2026
Read full office action

Prosecution Timeline

Apr 05, 2022
Application Filed
Mar 13, 2023
Non-Final Rejection — §103
Jul 17, 2023
Response Filed
Oct 12, 2023
Final Rejection — §103
Jan 10, 2024
Request for Continued Examination
Jan 14, 2024
Response after Non-Final Action
Mar 04, 2025
Non-Final Rejection — §103
Jul 03, 2025
Response Filed
Oct 02, 2025
Final Rejection — §103
Nov 25, 2025
Response after Non-Final Action
Dec 18, 2025
Request for Continued Examination
Dec 22, 2025
Response after Non-Final Action
Feb 21, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
54%
Grant Probability
82%
With Interview (+27.9%)
3y 11m
Median Time to Grant
High
PTA Risk
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