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 .
Response to Amendments
Acknowledgment is made of the amendment filed 11/04/2025 (“A...”), in which: claims 1, 3, 18, and 25 are amended; claims 2, 5, and 19 are cancelled; new claims 28 – 30 are added; and the rejection of the claims are traversed. Claims 1, 3 – 4, 6 – 10, 18, 20 – 30 are currently pending an Office action on the merits as follows.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3 – 4, 6 – 10, 18, 20 – 30 have been fully considered but are moot in view of the new grounds of rejection.
Regarding applicant’s arguments on pg. 9 in the instant Remarks (REM):
Applicant argues that Stenmark’s receiving structure is not a phase-change material (PCM). Examiner notes that Stenmark does not explicitly state the receiving structure is a phase-change material, however the receiving structure does not exclude itself from being a phase-change material. It is through the combination of Reig and Stenmark wherein the examiner is asserting it would be obvious to form a switch wherein the receiving structure is a phase-change material. It is the examiner’s opinion that the prior art of record provides teachings that render the instant claims as obvious to one of ordinary skill in the art. Stenmark’s receiving structure is taught to be configured to conduct a heat flux or electrical current (e.g., [0045]), and it is understood that Stenmark’s receiving structuring is a generalized circuit component not representative of the inventive concept of their disclosure; such that the receiving structure may be replaced with a PCM material, e.g., Reig’s region 17 of a phase change material (PCM), yielding a combination wherein direct and temporary physical contact is made between a heating element and a PCM. For these reasons, the examiner does not find the applicant’s arguments persuasive.
Rejections
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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1, 3 – 4, 9 – 10, 18, and 21 – 27 are rejected under 35 U.S.C. 103 as being unpatentable over Reig et al. (US 20190088721 A1) with Official Notice regarding coefficients of thermal expansion of metal elements, and further in view of Stenmark et al. (US 20090040007 A1).
Regarding independent Claim 1, Reig teaches a phase-change material (PCM) switching device, comprising:
a base dielectric layer (Fig. 4A; insulating layer 8. See [0118]) over a semiconductor substrate (Fig. 4A; substrate 6. See [0117]);
a first heater element (Fig. 4A – 4C; heating electrodes 16a & 16b and conductive layer 10 (see [0119] and [0130]) together are considered to be a first heater element) disposed on the base dielectric layer (Fig. 4A), the first heater element comprising a first metal element (Reig teaches in [0119] that the first heater element may be made with a pure metal such as tungsten (W), or an alloy such as AlCu) characterized by a first coefficient of thermal expansion (CTE) (Official Notice that Reig’s first metal element is characterized by a first coefficient of thermal expansion (CTE));
a second heater element (Reig teaches in [0130] that the conductive layer 10 is formed from a stack of several conductive layers, i.e., the conductive layer 10 is a multi-layered structure/stack. Further, Reig teaches in [0119] – [0120] that the heating electrodes are formed from the conductive layer 10. Reig discloses a layer of AlCu of conductive layer 10 in [0130], wherein AlCu is a material listed in [0119] that may be used to form the heating electrodes/elements. Thus, examiner is considering Reig’s layer, which they provide by example to be a layer of AlCu, to be the layer of discussion in [0119]; which is disclosed to be alternatively made from tungsten, i.e., the first heater element. This understanding is also supported by the relative thicknesses for the layers comprising the conductive layer 10 taught by Reig in [0130]. Therefore, the Ti (titanium) layer taught as the next layer in the sequence over the first heater element to be a second heater element) disposed on the first heater element (See [0119] – [0120] and [0130]), the second heater element comprising a second metal element (examiner is interpreting titanium of the Ti layer to be a second metal element) characterized by a second CTE (Official Notice that Reig’s second metal element is characterized by a second CTE), wherein the second CTE is larger than the first CTE (Examiner is taking Official Notice that the CTE for titanium (Ti) is higher than the CTE for tungsten (W); wherein Ti and W are respectively taught by Reig as the second and first metal elements. Reig teaches a structure of first and second heating elements, stacked sequentially, which include a first and second metal element, respectively; wherein the second CTE is larger than the first CTE. This relationship is yielded naturally due to the structure of the heating elements, and thus would be obvious based off the known CTE values for the materials, i.e., titanium (Ti) and tungsten (W), disclosed);
a first metal pad (Fig. 4A; control electrode 13a) disposed on the base dielectric layer (Fig. 4A), wherein the first metal pad is lateral to a first side, in a first horizontal direction (Fig. 4A; direction along x-axis), of the first heater element (Fig. 4A; portion of width Y2 separating control electrode 13a from the first heater element) and the second heater element (Fig. 4A; portion of width Y2 separating control electrode 13a from the second heater element) …
a second metal pad (Fig. 4A; control electrode 13b) disposed on the base dielectric layer (Fig. 4A), wherein the second metal pad is lateral to a second side, in the first horizontal direction (Fig. 4A; direction along x-axis), of the first heater element (Fig. 4A; portion of width Y2 separating control electrode 13b from the first heater element) and the second heater element (Fig. 4A; portion of width Y2 separating control electrode 13b from the second heater element) … and
a PCM region (Fig. 4A; region 17 of a phase change material (PCM)) comprising a PCM operable to switch between an amorphous state and a crystalline state ([0082]) in response to heat generated ([0082]) by the first heater element ([0082]) and the second heater element ([0082]), wherein the PCM region is above a top surface of the second heater element (Reig teaches in [0099] and [0149] that the region 17 of the PCM does not directly contact the heating electrodes/elements, i.e., a gap is between the second heater element and the region 17 of the PCM) …
Examiner is taking Official Notice regarding tungsten (W) and titanium (Ti) being characterized by distinct coefficients of thermal expansion (CTE) values, respectively; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include properties that are intrinsic to structures comprising metal elements, i.e., structures of tungsten (W) or titanium (Ti), used to form Reig’s first and second heater elements, because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify the disclosure of Reig to include properties that are intrinsic to structures comprising metal elements, i.e., structures of tungsten (W) or titanium (Ti), used to form Reig’s first and second heater elements, is expressly provided by Official Notice, because the intrinsic property of thermal expansion, and thus the corresponding coefficient of thermal expansion (CTE), is directly related to the function disclosed by Reig for their heating electrodes, i.e., first and second heating elements; because the heating electrodes are designed, constructed, and configured to transmit thermal energy. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s disclosure/specification to consider the intrinsic thermal properties, i.e., CTE values, of structures designed, constructed, and configured to transmit thermal energy with the motivation of understanding how the heating structures are designed, constructed, and configured to transmit thermal energy. The person of ordinary skill in the art would have recognized the benefit of considering the distinct coefficients of thermal expansion (CTE) values for the materials used to generate, hold, and transmit thermal energy.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element, because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element, is expressly provided by Official Notice, because it is known in physical sciences that, when considering pure metal (Reig: [0119]), the CTE of titanium (Ti) is larger than the CTE of tungsten (W). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element with the motivation of understanding how the heating structures are designed, constructed, and configured to transmit thermal energy. The person of ordinary skill in the art would have recognized the benefit of considering the distinct coefficients of thermal expansion (CTE) values for the materials used to generate, hold, and transmit thermal energy; such that the second CTE is larger than the first CTE.
However, Reig remains silent on the PCM switching device wherein:
a first metal pad disposed to a first side, in a first horizontal direction, of the first heater element and the second heater element … with a first air gap portion therebetween; …
a second metal pad disposed to a second side, in a first horizontal direction, of the first heater element and the second heater element … with a second air gap portion therebetween; …
wherein the PCM region is above a top surface of the second heater element … with a third air gap portion therebetween, and wherein the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the third air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Regarding the features of air gaps, Reig teaches gaps/spaces between structures such as the interpreted heating elements, PCM region, and metal pads; however, Reig remains silent regarding the gaps/spaces being air gaps. Reig does suggest, that the gaps/spaces may be filled with electrically insulating material ([0150]), a known example of an electrically insulating material, at least to one of ordinary skill in the art, is air. Also see Reig’s mention of an intermediate resistive material in [0099]. Thus, one of ordinary skill in the art, with proper motivation, would have found making the gaps/spaces to be specifically air gaps/spaces as obvious.
Further, within the field of thermally-actuated switches (classified in H01H37/00-46), Stenmark discloses a switch, which may be closed when a gap between a contact to a receiving structure, e.g., receiving structure 210, is closed ([0044]). Stenmark discloses a device with a flexible heat structure device, i.e., flexible membrane 205, ([0013] and [0032]) that deforms when heated to traverse an air gap 102 ([0030] and Fig. 2); such that the membrane can make good thermal contact with the receiving structure 210 in order to permit heat flux. This is done by exploiting for example thermal expansion of materials ([0034]). Therefore, a similar structure may be adapted from Stenmark’s flexible heat structure to the structure of Reig’s first and second heater elements, with the inclusion of Stenmark’s air gaps to allow deformation/stretching/expansion of the heater elements to make contact with a receiving structure, i.e., Reig’s region 17 of the PCM.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s PCM switching device to include air gaps between the first and second heater elements; such that the first and second heater elements are surrounded by a first air gap portion, a second air gap portion, and a third air gap portion, as disclosed by Reig (Reig discloses spacing apart the control electrodes, i.e., the first and second metal pads, from the heating electrodes, i.e., the first and second heater elements), further in view of Stenmark (Stenmark discloses spacing the flexible heat structure device with air), because such a modification is based on the use of known techniques to improve similar devices in the same way. More specifically, Stenmark disclosed spacing with air is comparable to Reig’s disclosed spacing because it allows the heating elements to operate without physical constraint or risk of damaging/altering surrounding PCM switch device components. Therefore, it is within the capabilities of one of ordinary skill in the art to modify Reig’s PCM switching device to include air gaps between the first and second heater elements; such that the first and second heater elements are surrounded by a first air gap portion, a second air gap portion, and a third air gap portion, as disclosed by Reig, further in view of Stenmark with the predictable result of allowing the heating elements to operate without physical constraint or risk of damaging/altering surrounding PCM switch device components, e.g., during expansion of metal elements during a heating function of the device.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s second heater element to include the structure of Stenmark’s second heater element, which includes at least Stenmark’s flexible membrane 205 (Fig. 2), because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Stenmark’s second heater element permits movement of a second heater element to move and close the distance of an air gap, in order to establish “good thermal contact” with a receiving structure (Stenmark: [0032]). This known benefit in Stenmark’s switching device is applicable to Reig’s switching device as they both share characteristics and capabilities, namely, they are directed to activating/deactivating a phase change material (PCM) through heat generated by heater elements; and both disclose listed materials for their second heater element that overlap. Therefore, it would have been recognized that Reig’s second heater element to include the structure of Stenmark’s flexible membrane 205 would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Stenmark’s flexible membrane 205 in PCM switching devices and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Further, through the combination of Reig and Stenmark, wherein Reig’s second heater is modified by Stenmark’s flexible membrane 205 and air gaps, examiner asserts that further contributions from Stenmark’s switch may be incorporated as well. Stenmark’s flexible membrane 205 includes the configured function (see [0032] wherein it is disclosed that, “the central part 206 of the flexible membrane 205 will move upwards until the gap 209 is closed and a good thermal contact with the heat conductor in the receiving structure 210”) wherein the flexible membrane is operable to deform in response to the heat such that the top surface of the flexible membrane 205 moves across an air gap to establish direct physical contact with a receiving structure. This function is aided by the conductor material in the actuator material 215 and the heat transfer structure 216, wherein the heat transfer structure 216 may be a low melting point metal or metal alloy ([0035]). Shown in Fig. 2, heat flux occurs at the input 220 through the wafer 201 ([0032]), which may be a metal sheet ([0033]). Through this disclosed structure, the wafer 201 operable to be the heat input is analogous to a first heater element, whereas the combination of structures 215, 216, and 205 are analogous to a second heater element. Thus, Stenmark teaches a stacks first heater and second heater structure wherein the second heater element undergoes expansion, and may include metal/metal alloys that expand, not just paraffin. This configured function can be carried over to the PCM switching device of Reig, further in view of Stenmark; such that Reig, further in view of Stenmark, yield the PCM switching device wherein the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the third air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the PCM switching device of Reig, further in view of Stenmark, to include the operable function of a change in the flexible second heater element structure such that the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the third air gap portion to establish direct physical contact with a bottom surface of the PCM region, because such a modification is based on the use of known techniques to improve similar devices in the same way. More specifically, the flexible second heater element structure of Reig, further in view of Stenmark, is comparable to Stenmark’s flexible membrane because they are both operable to deform under the condition of changing thermal energy in the system, i.e., the second heater element. Therefore, it is within the capabilities of one of ordinary skill in the art to modify the PCM switching device of Reig, further in view of Stenmark, to include the operable function of a change in the flexible second heater element structure with the predictable result of the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the third air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Regarding dependent Claim 3, Reig, further in view of Stenmark, teach the PCM switching device of claim 1 [[2]], wherein
the second heater element is operable to deform such that the top surface of the second heater element becomes a curved surface (Stenmark teaches that the thin membrane 207 portion bends, i.e., curves, in order to close the gap between the heating elements to the receiving structure).
Regarding dependent Claim 4, Reig, further in view of Stenmark, teach the PCM switching device of claim 3, wherein
the second heater element is operable to deform such that the curved surface protrudes upwardly towards the PCM region (Stenmark teaches that the thin membrane 207 portion bends, i.e., curves, towards the receiving structure in order to close the gap between the heating elements to the receiving structure).
Regarding dependent Claim 9, Reig, further in view of Stenmark, teach the PCM switching device of claim 1, wherein
the first heater element and the second heater element are elongated (Reig: Fig. 4A) and extending in a second horizontal direction (Reig: Fig. 4A; direction along y-axis) perpendicular to the first horizontal direction (Reig: Fig. 4A).
Regarding dependent Claim 10, Reig, further in view of Stenmark, teach the PCM switching device of claim 1, wherein
the PCM comprises at least one of germanium telluride (Reig: [0099] and [0122]) and antimony telluride (Reig: [0122]).
Regarding independent Claim 18, Reig teaches a phase-change material (PCM) switching device, comprising:
a base dielectric layer (Fig. 4A; insulating layer 8. See [0118]) over a semiconductor substrate (Fig. 4A; substrate 6. See [0117]);
a first heater element (Fig. 4A; heating electrodes 16a & 16b and conductive layer 10 (see [0119] and [0130]) together are considered to be a first heater element) disposed on the base dielectric layer (Fig. 4A), the first heater element comprising a first metal element (Reig teaches in [0119] that the first heater element may be made with a pure metal such as tungsten (W), or an alloy such as AlCu) characterized by a first coefficient of thermal expansion (CTE) (Official Notice that Reig’s first metal element is characterized by a first coefficient of thermal expansion (CTE));
a second heater element (Reig teaches in [0130] that the conductive layer 10 is formed from a stack of several conductive layers, i.e., the conductive layer 10 is a multi-layered structure/stack. Further, Reig teaches in [0119] – [0120] that the heating electrodes are formed from the conductive layer 10. Reig discloses a layer of AlCu of conductive layer 10 in [0130], wherein AlCu is a material listed in [0119] that may be used to form the heating electrodes/elements. Thus, examiner is considering Reig’s layer, which they provide by example to be a layer of AlCu, to be the layer of discussion in [0119]; which is disclosed to be alternatively made from tungsten, i.e., the first heater element. This understanding is also supported by the relative thicknesses for the layers comprising the conductive layer 10 taught by Reig in [0130]. Therefore, the Ti (titanium) layer taught as the next layer in the sequence over the first heater element to be a second heater element) disposed on the first heater element (See [0119] – [0120] and [0130]), the second heater element comprising a second metal element (examiner is interpreting titanium of the Ti layer to be a second metal element) characterized by a second CTE (Official Notice that Reig’s second metal element is characterized by a second CTE), wherein the second CTE is larger than the first CTE (Examiner is taking Official Notice that the CTE for titanium (Ti) is higher than the CTE for tungsten (W); wherein Ti and W are respectively taught by Reig as the second and first metal elements. Reig teaches a structure of first and second heating elements, stacked sequentially, which include a first and second metal element, respectively; wherein the second CTE is larger than the first CTE. This relationship is yielded naturally due to the structure of the heating elements, and thus would be obvious based off the known CTE values for the materials, i.e., titanium (Ti) and tungsten (W), disclosed);
a first metal pad (Fig. 4A; control electrode 13a) and a second metal pad (Fig. 4A; control electrode 13b) disposed on the base dielectric layer (Fig. 4A) at two sides of the first heater element and the second heater element (Fig. 4A), respectively; and
a PCM region (Fig. 4A; region 17 of a phase change material (PCM)) comprising a PCM operable to switch between an amorphous state ([0082]) and a crystalline state ([0082]) in response to heat generated ([0082]) by the first heater element ([0082]) and the second heater element ([0082]), wherein the PCM region is disposed on the first metal pad (Fig. 4A and [0148] – [0149]) and the second metal pad (Fig. 4A and [0148] – [0149]) and above a top surface of the second heater element ([0149]), and …
Examiner is taking Official Notice regarding tungsten (W) and titanium (Ti) being characterized by distinct coefficients of thermal expansion (CTE) values, respectively; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include properties that are intrinsic to structures comprising metal elements, i.e., structures of tungsten (W) or titanium (Ti), used to form Reig’s first and second heater elements, because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify the disclosure of Reig to include properties that are intrinsic to structures comprising metal elements, i.e., structures of tungsten (W) or titanium (Ti), used to form Reig’s first and second heater elements, is expressly provided by Official Notice, because the intrinsic property of thermal expansion, and thus the corresponding coefficient of thermal expansion (CTE), is directly related to the function disclosed by Reig for their heating electrodes, i.e., first and second heating elements; because the heating electrodes are designed, constructed, and configured to transmit thermal energy. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s disclosure/specification to consider the intrinsic thermal properties, i.e., CTE values, of structures designed, constructed, and configured to transmit thermal energy with the motivation of understanding how the heating structures are designed, constructed, and configured to transmit thermal energy. The person of ordinary skill in the art would have recognized the benefit of considering the distinct coefficients of thermal expansion (CTE) values for the materials used to generate, hold, and transmit thermal energy.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element, because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element, is expressly provided by Official Notice, because it is known in physical sciences that, when considering pure metal (Reig: [0119]), the CTE of titanium (Ti) is larger than the CTE of tungsten (W). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element with the motivation of understanding how the heating structures are designed, constructed, and configured to transmit thermal energy. The person of ordinary skill in the art would have recognized the benefit of considering the distinct coefficients of thermal expansion (CTE) values for the materials used to generate, hold, and transmit thermal energy; such that the second CTE is larger than the first CTE.
However, Reig remains silent wherein:
… an air gap surrounds the first heater element and the second heater element from three sides, and wherein the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Regarding the features of air gaps, Reig teaches gaps/spaces between structures such as the interpreted heating elements, PCM region, and metal pads; however, Reig remains silent regarding the gaps/spaces being air gaps. Reig does suggest, that the gaps/spaces may be filled with electrically insulating material ([0150]), a known example, to one of ordinary skill in the art, being air. Also see Reig’s mention of an intermediate resistive material in [0099]. Thus, one of ordinary skill in the art, with proper motivation, would have found making the gaps/spaces to be specifically air gaps/spaces as obvious.
However, within the field of thermally-actuated switches (classified in H01H37/00-46), Stenmark discloses a switch, which may be closed when a gap between a contact to a receiving structure, e.g., receiving structure 210, is closed ([0044]). Stenmark discloses a device with a flexible heat structure device, i.e., flexible membrane 205, ([0013] and [0032]) that deforms when heated to traverse an air gap 102 ([0030] and Fig. 2); such that the membrane can make good thermal contact with the receiving structure 210 in order to permit heat flux. This is done by exploiting for example thermal expansion of materials ([0034]). Therefore, a similar structure may be adapted from Stenmark’s flexible heat structure to the structure of Reig’s first and second heater elements, with the inclusion of Stenmark’s air gaps to allow deformation/stretching/expansion of the heater elements to make contact with a receiving structure, i.e., Reig’s region 17 of the PCM. Thus, Reig, further in view of Stenmark disclose a PCM switching device wherein an air gap surrounds the first heater element and the second heater element from three sides.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s PCM switching device to include air gaps between the first and second heater elements; such that an air gap surrounds the first heater element and the second heater element from three sides as disclosed by Reig (Reig discloses spacing apart the control electrodes, i.e., the first and second metal pads, from the heating electrodes, i.e., the first and second heater elements), further in view of Stenmark (Stenmark discloses spacing the flexible heat structure device with air), because such a modification is based on the use of known techniques to improve similar devices in the same way. More specifically, Stenmark disclosed spacing with air is comparable to Reig’s disclosed spacing because it allows the heating elements to operate without physical constraint or risk of damaging/altering surrounding PCM switch device components. Therefore, it is within the capabilities of one of ordinary skill in the art to modify Reig’s PCM switching device to include air gaps between the first and second heater elements; such that an air gap surrounds the first heater element and the second heater element from three sides, as disclosed by Reig, further in view of Stenmark with the predictable result of allowing the heating elements to operate without physical constraint or risk of damaging/altering surrounding PCM switch device components, e.g., during expansion of metal elements during a heating function of the device.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s second heater element to include the structure of Stenmark’s second heater element, i.e., Stenmark’s flexible membrane 205 (Fig. 2), because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Stenmark’s second heater element permits movement of a second heater element to move and close the distance of an air gap, in order to establish “good thermal contact” with a receiving structure (Stenmark: [0032]). This known benefit in Stenmark’s switching device is applicable to Reig’s switching device as they both share characteristics and capabilities, namely, they are directed to activating/deactivating a phase change material (PCM) through heat generated by heater elements; and both disclose listed materials for their second heater element that overlap. Therefore, it would have been recognized that Reig’s second heater element to include the structure of Stenmark’s flexible membrane 205 would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Stenmark’s flexible membrane 205 in PCM switching devices and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Further, through the combination of Reig and Stenmark, wherein Reig’s second heater is modified by Stenmark’s flexible membrane 205 and air gaps, examiner asserts that further contributions from Stenmark’s switch may be incorporated as well. Stenmark’s flexible membrane 205 includes the configured function (see [0032] wherein it is disclosed that, “the central part 206 of the flexible membrane 205 will move upwards until the gap 209 is closed and a good thermal contact with the heat conductor in the receiving structure 210”) wherein the flexible membrane is operable to deform in response to the heat such that the top surface of the flexible membrane 205 moves across an air gap to establish direct physical contact with a receiving structure. This function is aided by the conductor material in the actuator material 215 and the heat transfer structure 216, wherein the heat transfer structure 216 may be a low melting point metal or metal alloy ([0035]). Shown in Fig. 2, heat flux occurs at the input 220 through the wafer 201 ([0032]), which may be a metal sheet ([0033]). Through this disclosed structure, the wafer 201 operable to be the heat input is analogous to a first heater element, whereas the combination of structures 215, 216, and 205 are analogous to a second heater element. Thus, Stenmark teaches a stacks first heater and second heater structure wherein the second heater element undergoes expansion, and may include metal/metal alloys that expand, not just paraffin. This configured function can be carried over to the PCM switching device of Reig, further in view of Stenmark; such that Reig, further in view of Stenmark, yield the PCM switching device wherein the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the PCM switching device of Reig, further in view of Stenmark, to include the operable function of a change in the flexible second heater element structure such that the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region, because such a modification is based on the use of known techniques to improve similar devices in the same way. More specifically, the flexible second heater element structure of Reig, further in view of Stenmark, is comparable to Stenmark’s flexible membrane because they are both operable to deform under the condition of changing thermal energy in the system, i.e., the second heater element. Therefore, it is within the capabilities of one of ordinary skill in the art to modify the PCM switching device of Reig, further in view of Stenmark, to include the operable function of a change in the flexible second heater element structure with the predictable result of the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Regarding dependent Claim 21, Reig, further in view of Stenmark, teach the PCM switching device of claim 18, wherein
the first metal pad is lateral to a first side, in a first horizontal direction (Fig. 4A; direction along x-axis), of the first heater element (Fig. 4A; portion of width Y2 separating control electrode 13a from the first heater element) and the second heater element (Fig. 4A; portion of width Y2 separating control electrode 13a from the second heater element) with a first air gap portion therebetween (Yielded from the combination of Reig and Stenmark. See rejection of claim 18).
Regarding dependent Claim 22, Reig, further in view of Stenmark, teach the PCM switching device of claim 21, wherein
the second metal pad is lateral to a second side, in the first horizontal direction, of the first heater element (Fig. 4A; portion of width Y2 separating control electrode 13b from the first heater element) and the second heater element (Fig. 4A; portion of width Y2 separating control electrode 13b from the first heater element) with a second air gap portion therebetween (Yielded from the combination of Reig and Stenmark. See rejection of claim 18).
Regarding dependent Claim 23, Reig, further in view of Stenmark, teach the PCM switching device of claim 18, wherein
the first heater element and the second heater element are elongated (Reig: Fig. 4A) and extending in a second horizontal direction (Reig: Fig. 4A; direction along y-axis).
Regarding dependent Claim 24, Reig, further in view of Stenmark, teach the PCM switching device of claim 18, wherein
the PCM comprises at least one of germanium telluride (Reig: [0099] and [0122]) and antimony telluride (Reig: [0122]).
Regarding independent Claim 25, Reig, teaches a phase-change material (PCM) switching device, comprising:
a semiconductor substrate (Fig. 4A; substrate 6. See [0117]);
a base dielectric layer (Fig. 4A; insulating layer 8. See [0118]) over the semiconductor substrate (Fig. 4A);
a double-layered heater element (Fig. 4A; heating electrodes 16a & 16b and conductive layer 10 (see [0119] – [0120] and [0130]) together are considered to be a double-layered heater element; wherein Reig teaches in [0119] – [0120] that the heating electrodes, e.g., 16a and 16b, are formed from the conductive layer 10. Reig teaches in [0130] that the conductive layer 10 is formed from a stack of several conductive layers, i.e., the conductive layer 10 is a multi-layered structure/stack. Thus, Reig discloses that their heating element may at least be a double-layered heater element), comprising:
a first heater element (Fig. 4A; at least one layer of conductive layer 10 (see [0119] – [0120] and [0130]) to be a first heater element. Reig teaches in [0119] – [0120] that the heating electrodes 16a & 16b may be made with a pure metal such as tungsten (W), or an alloy such as AlCu. Further, Reig teaches in [0119] – [0120] that the heating electrodes are formed from the conductive layer 10. Reig discloses a layer of AlCu of conductive layer 10 in [0130], wherein AlCu is a material listed in [0119] that may be used to form the heating electrodes/elements 16a & 16b. Thus, examiner is considering Reig’s layer, which they provide by example to be a layer of AlCu, to be the layer of discussion in [0119]; which is disclosed to be alternatively made from tungsten, i.e., the first heater element; which may be a layer of tungsten) disposed on the base dielectric layer (Fig. 4A), the first heater element comprising a first metal element (Reig teaches in [0119] that the first heater element may be made with a pure metal such as tungsten (W), or an alloy such as AlCu) characterized by a first coefficient of thermal expansion (CTE) (Official Notice that Reig’s first metal element is characterized by a first coefficient of thermal expansion (CTE)); and
a second heater element (Reig teaches in [0130] that the conductive layer 10 is formed from a stack of several conductive layers, i.e., the conductive layer 10 is a multi-layered structure/stack. Further, Reig teaches in [0119] – [0120] that the heating electrodes are formed from the conductive layer 10. Reig discloses a layer of AlCu of conductive layer 10 in [0130], wherein AlCu is a material listed in [0119] that may be used to form the heating electrodes/elements. Thus, examiner is considering Reig’s layer, which they provide by example to be a layer of AlCu, to be the layer of discussion in [0119]; which is disclosed to be alternatively made from tungsten, i.e., the first heater element. This understanding is also supported by the relative thicknesses for the layers comprising the conductive layer 10 taught by Reig in [0130]. Therefore, the Ti (titanium) layer taught as the next layer in the sequence over the first heater element to be a second heater element) disposed on the first heater element (See [0119] – [0120] and [0130]), the second heater element comprising a second metal element (examiner is interpreting titanium of the Ti layer to be a second metal element) characterized by a second CTE (Official Notice that Reig’s second metal element is characterized by a second CTE), wherein the second CTE is larger than the first CTE (Examiner is taking Official Notice that the CTE for titanium (Ti) is higher than the CTE for tungsten (W); wherein Ti and W are respectively taught by Reig as the second and first metal elements. Reig teaches a structure of first and second heating elements, stacked sequentially, which include a first and second metal element, respectively; wherein the second CTE is larger than the first CTE. This relationship is yielded naturally due to the structure of the heating elements, and thus would be obvious based off the known CTE values for the materials, i.e., titanium (Ti) and tungsten (W), disclosed);
a first metal pad (Fig. 4A; control electrode 13a) and a second metal pad (Fig. 4A; control electrode 13b) disposed on the base dielectric layer (Fig. 4A) at two sides of the first heater element and the second heater element, respectively (Fig. 4A); and
a PCM region (Fig. 4A; region 17 of a phase change material (PCM)) comprising a PCM operable to switch between an amorphous state ([0082]) and a crystalline state ([0082]) in response to heat generated ([0082]) by the first heater element ([0082]) and the second heater element ([0082]), wherein the PCM region is disposed on the first metal pad (Fig. 4A and [0148] – [0149]) and the second metal pad (Fig. 4A and [0148] – [0149]) and above a top surface of the second heater element ([0149]), and …
Examiner is taking Official Notice regarding tungsten (W) and titanium (Ti) being characterized by distinct coefficients of thermal expansion (CTE) values, respectively; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include properties that are intrinsic to structures comprising metal elements, i.e., structures of tungsten (W) or titanium (Ti), used to form Reig’s first and second heater elements, because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify the disclosure of Reig to include properties that are intrinsic to structures comprising metal elements, i.e., structures of tungsten (W) or titanium (Ti), used to form Reig’s first and second heater elements, is expressly provided by Official Notice, because the intrinsic property of thermal expansion, and thus the corresponding coefficient of thermal expansion (CTE), is directly related to the function disclosed by Reig for their heating electrodes, i.e., first and second heating elements; because the heating electrodes are designed, constructed, and configured to transmit thermal energy. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s disclosure/specification to consider the intrinsic thermal properties, i.e., CTE values, of structures designed, constructed, and configured to transmit thermal energy with the motivation of understanding how the heating structures are designed, constructed, and configured to transmit thermal energy. The person of ordinary skill in the art would have recognized the benefit of considering the distinct coefficients of thermal expansion (CTE) values for the materials used to generate, hold, and transmit thermal energy.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element, because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element, is expressly provided by Official Notice, because it is known in physical sciences that, when considering pure metal (Reig: [0119]), the CTE of titanium (Ti) is larger than the CTE of tungsten (W). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the disclosure of Reig to include an explicit teaching of their PCM switching device including a relationship wherein the second CTE is larger than the first CTE, as naturally yielded from the materials disclosed by Reig for the first heater element and the second heater element with the motivation of understanding how the heating structures are designed, constructed, and configured to transmit thermal energy. The person of ordinary skill in the art would have recognized the benefit of considering the distinct coefficients of thermal expansion (CTE) values for the materials used to generate, hold, and transmit thermal energy; such that the second CTE is larger than the first CTE.
However, Reig remains silent wherein:
… an air gap surrounds the first heater element and the second heater element from three sides, and wherein the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Regarding the features of air gaps, Reig teaches gaps/spaces between structures such as the interpreted heating elements, PCM region, and metal pads; however, Reig remains silent regarding the gaps/spaces being air gaps. Reig does suggest, that the gaps/spaces may be filled with electrically insulating material ([0150]), a known example, to one of ordinary skill in the art, being air. Also see Reig’s mention of an intermediate resistive material in [0099]. Thus, one of ordinary skill in the art, with proper motivation, would have found making the gaps/spaces to be specifically air gaps/spaces as obvious.
However, within the field of thermally-actuated switches (classified in H01H37/00-46), Stenmark discloses a switch, which may be closed when a gap between a contact to a receiving structure, e.g., receiving structure 210, is closed ([0044]). Stenmark discloses a device with a flexible heat structure device, i.e., flexible membrane 205, ([0013] and [0032]) that deforms when heated to traverse an air gap 102 ([0030] and Fig. 2); such that the membrane can make good thermal contact with the receiving structure 210 in order to permit heat flux. This is done by exploiting for example thermal expansion of materials ([0034]). Therefore, a similar structure may be adapted from Stenmark’s flexible heat structure to the structure of Reig’s first and second heater elements, with the inclusion of Stenmark’s air gaps to allow deformation/stretching/expansion of the heater elements to make contact with a receiving structure, i.e., Reig’s region 17 of the PCM. Thus, Reig, further in view of Stenmark disclose a PCM switching device wherein an air gap surrounds the first heater element and the second heater element from three sides.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s PCM switching device to include air gaps between the first and second heater elements; such that an air gap surrounds the first heater element and the second heater element from three sides as disclosed by Reig (Reig discloses spacing apart the control electrodes, i.e., the first and second metal pads, from the heating electrodes, i.e., the first and second heater elements), further in view of Stenmark (Stenmark discloses spacing the flexible heat structure device with air), because such a modification is based on the use of known techniques to improve similar devices in the same way. More specifically, Stenmark disclosed spacing with air is comparable to Reig’s disclosed spacing because it allows the heating elements to operate without physical constraint or risk of damaging/altering surrounding PCM switch device components. Therefore, it is within the capabilities of one of ordinary skill in the art to modify Reig’s PCM switching device to include air gaps between the first and second heater elements; such that an air gap surrounds the first heater element and the second heater element from three sides, as disclosed by Reig, further in view of Stenmark with the predictable result of allowing the heating elements to operate without physical constraint or risk of damaging/altering surrounding PCM switch device components, e.g., during expansion of metal elements during a heating function of the device.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Reig’s second heater element to include the structure of Stenmark’s second heater element, i.e., Stenmark’s flexible membrane 205 (Fig. 2), because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable results. More specifically, Stenmark’s second heater element permits movement of a second heater element to move and close the distance of an air gap, in order to establish “good thermal contact” with a receiving structure (Stenmark: [0032]). This known benefit in Stenmark’s switching device is applicable to Reig’s switching device as they both share characteristics and capabilities, namely, they are directed to activating/deactivating a phase change material (PCM) through heat generated by heater elements; and both disclose listed materials for their second heater element that overlap. Therefore, it would have been recognized that Reig’s second heater element to include the structure of Stenmark’s flexible membrane 205 would have yielded predictable results because (i) the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate Stenmark’s flexible membrane 205 in PCM switching devices and (ii) the benefits of such a combination would have been recognized by those of ordinary skill in the art.
Further, through the combination of Reig and Stenmark, wherein Reig’s second heater is modified by Stenmark’s flexible membrane 205 and air gaps, examiner asserts that further contributions from Stenmark’s switch may be incorporated as well. Stenmark’s flexible membrane 205 includes the configured function (see [0032] wherein it is disclosed that, “the central part 206 of the flexible membrane 205 will move upwards until the gap 209 is closed and a good thermal contact with the heat conductor in the receiving structure 210”) wherein the flexible membrane is operable to deform in response to the heat such that the top surface of the flexible membrane 205 moves across an air gap to establish direct physical contact with a receiving structure. This function is aided by the conductor material in the actuator material 215 and the heat transfer structure 216, wherein the heat transfer structure 216 may be a low melting point metal or metal alloy ([0035]). Shown in Fig. 2, heat flux occurs at the input 220 through the wafer 201 ([0032]), which may be a metal sheet ([0033]). Through this disclosed structure, the wafer 201 operable to be the heat input is analogous to a first heater element, whereas the combination of structures 215, 216, and 205 are analogous to a second heater element. Thus, Stenmark teaches a stacks first heater and second heater structure wherein the second heater element undergoes expansion, and may include metal/metal alloys that expand, not just paraffin. This configured function can be carried over to the PCM switching device of Reig, further in view of Stenmark; such that Reig, further in view of Stenmark, yield the PCM switching device wherein the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the PCM switching device of Reig, further in view of Stenmark, to include the operable function of a change in the flexible second heater element structure such that the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region, because such a modification is based on the use of known techniques to improve similar devices in the same way. More specifically, the flexible second heater element structure of Reig, further in view of Stenmark, is comparable to Stenmark’s flexible membrane because they are both operable to deform under the condition of changing thermal energy in the system, i.e., the second heater element. Therefore, it is within the capabilities of one of ordinary skill in the art to modify the PCM switching device of Reig, further in view of Stenmark, to include the operable function of a change in the flexible second heater element structure with the predictable result of the second heater element is operable to deform in response to the heat such that the top surface of the second heater element moves across the air gap portion to establish direct physical contact with a bottom surface of the PCM region.
Regarding dependent Claim 26, Reig, further in view of Stenmark, teach the PCM switching device of claim 25, wherein
the second heater element is operable to deform in response to the heat generated by the first heater element and the second heater element (Stenmark: [0032]) such that the top surface of the second heater element becomes a curved surface (Stenmark teaches that the thin membrane 207 portion bends, i.e., curves, in order to close the gap between the heating elements to the receiving structure).
Regarding dependent Claim 27, teaches the PCM switching device of claim 26, wherein
the second heater element is operable to deform such that the curved surface protrudes upwardly towards the PCM region (Stenmark teaches that the thin membrane 207 portion bends, i.e., curves, towards the receiving structure in order to close the gap between the heating elements to the receiving structure).
Claims 6 – 7, 20, and 28 – 29 are rejected under 35 U.S.C. 103 as being unpatentable over Reig et al. (US 20190088721 A1) with Official Notice regarding coefficients of thermal expansion of metal elements, and further in view of Stenmark et al. (US 20090040007 A1) and Best et al. (US 20220020545 A1).
Regarding dependent Claim 6, Reig, further in view of Stenmark, teach the PCM switching device of claim 1, wherein
the first heater element comprises tungsten (Reig: [0119]), …
However, Reig remains silent wherein:
… and the second heater element comprises tantalum.
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Tungsten or Tantalum ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include tantalum, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Regarding dependent Claim 7, Reig, further in view of Stenmark, teach the PCM switching device of claim 1, wherein
the first heater element comprises tungsten (Reig: [0119]), and the second heater element comprises titanium (Reig: [0119] and [00130]).
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Tungsten or Titanium ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include titanium, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Regarding dependent Claim 20, Reig, further in view of Stenmark, teach the PCM switching device of claim 18, wherein
the first heater element comprises tungsten (Reig: [0119]), and the second heater element comprises one of a group consisting of tantalum and titanium (Reig: [0119] and [00130]).
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Tantalum or Titanium ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include tantalum or titanium, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Regarding dependent Claim 28, Reig, further in view of Stenmark, teach the PCM switching device of claim 25, wherein
the first heater element comprises tungsten (Reig: [0119]), …
However, Reig remains silent wherein:
… and the second heater element comprises tantalum.
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Tantalum ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include tantalum, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Regarding dependent Claim 29, Reig, further in view of Stenmark, teach the PCM switching device of claim 25, wherein
the first heater element comprises tungsten (Reig: [0119]), and the second heater element comprises titanium (Reig: [0119] and [00130]).
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Titanium ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include titanium, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Claims 8 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Reig et al. (US 20190088721 A1) with Official Notice regarding coefficients of thermal expansion of metal elements, and further in view of Stenmark et al. (US 20090040007 A1), Slovin et al. (US 20200058628 A1), and Best et al. (US 20220020545 A1).
Regarding dependent Claim 8, Reig, further in view of Stenmark, teach the PCM switching device of claim 1, wherein
… the second heater element comprises titanium (Reig: [0119] and [00130]).
However, Reig remains silent wherein:
the first heater element comprises tantalum, and …
However, in the same field of endeavor, Slovin discloses a heater element 78 (Fig. 9; PCM radio frequency (RF) switch 76); wherein heater element 78 may be made of tantalum (Ta) ([0038]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the materials listed by Reig for the first heater element to include tantalum (Ta), as disclosed by Slovin for their heater element, because such a modification is the result of simple substitution of one known element for another producing a predictable result. More specifically, the materials listed by Reig for the first heater element and the materials listed by Slovin for their heater element perform the same general and predictable function, the predictable function being the conduction and transmittal of thermal energy. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself - that is in the substitution of tungsten (W) listed by Reig for the first heater element by replacing it with tantalum (Ta). Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious before the effective filing date of the instant invention.
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Tungsten or Titanium ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include titanium, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Regarding dependent Claim 30, Reig, further in view of Stenmark, teach the PCM switching device of claim 25, wherein
… the second heater element comprises titanium (Reig: [0119] and [00130]).
However, Reig remains silent wherein:
the first heater element comprises tantalum, and …
However, in the same field of endeavor, Slovin discloses a heater element 78 (Fig. 9; PCM radio frequency (RF) switch 76); wherein heater element 78 may be made of tantalum (Ta) ([0038]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the materials listed by Reig for the first heater element to include tantalum (Ta), as disclosed by Slovin for their heater element, because such a modification is the result of simple substitution of one known element for another producing a predictable result. More specifically, the materials listed by Reig for the first heater element and the materials listed by Slovin for their heater element perform the same general and predictable function, the predictable function being the conduction and transmittal of thermal energy. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself - that is in the substitution of tungsten (W) listed by Reig for the first heater element by replacing it with tantalum (Ta). Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious before the effective filing date of the instant invention.
Further, within the field of thermally-actuated switches, Best discloses a similar switch structure (Fig. 5C), wherein a metallic contact ([0024] – [0025]) is pushed across an air gap to a drain/source region. The examiner asserts that the metallic contact may be considered as a second heater element, or at least a part/portion thereof. Further, the metallic contact may include Tungsten or Titanium ([0013]). This teaching bridges the disclosures of Reign and Stenmark, such that it would have been obvious to include titanium in the modified second heater element of Reig, further in view of Stenmark.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the second heater element of Reig, further in view of Stenmark, to include Best’s metallic contact, which may include titanium, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the second heater element of Reig, further in view of Stenmark, as modified by Best’s metallic contact can yield a predictable result of allowing heat to transfer from a flexible membrane to a receiving structure while alleviating stress on the flexible membrane since the metallic contact is the actual components making physical contact once the air gap is traversed. Since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, one of ordinary skill in the art would have recognized that the results of the combination were predictable before the effective filing date of the instant invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (not listed in any particular order of relevance):
US 20230403954 A discloses a similar PCM switching device from the same applicant and overlapping listed inventors with effective filing date that predates the effect filing date of U.S. Application 17/851,026.
US 10505106 B1 discloses a PCM switching device that includes functionality that arises from the expansion of metal materials. While the physical mechanisms differ in relationship to the heater materials and the PCM, the concepts applied in US 10505106 B1 are the same as applied in the instant application. See Figs. 1A – 1B of US 10505106 B1.
US 20220285614 A1 discloses heaters 92 laterally separate from switch electrodes 80S (Fig. 20A).
US 20200058862 A1 teaches PCM switching device (Fig. 1A).
US 20180138894 A1 teaches similar circuit design for a PCM switching device (Fig. 8).
The following publications were considered for various structural and conceptual similarities to the instant application (not listed in any particular order of relevance):
US 20070096071 A1
US 20060226409 A1
US 20060102927 A1
US 9673392 B2
US 20180005786 A1
US 20160056373 A1
US 20080029753 A1
US 20060102927 A1
US 20070148855 A1
US 20090311858 A1
US 20080106926 A1
US 20100327247 A1
US 20090033360 A1
US 20100140582 A1
US 20210288250 A1
US 11050022 B2
US 5325880 A
US 10937960 B2
US 10833261 B2
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIO A AUTORE whose telephone number is (571)270-0059. The examiner can normally be reached Monday - Friday, 8 am - 5 pm.
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, Chad Dicke can be reached on (571) 270-7996. 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.
MARIO A. AUTORE JR.
Examiner
Art Unit 2897
/MARIO ANDRES AUTORE JR/Examiner, Art Unit 2897 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897