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 .
The preliminary amendment filed 01/13/2023 is entered.
Claims 1-17 are currently pending.
The IDS statements filed 01/13/2023 and 04/27/2023 have been considered. Initialed copies accompany this action.
Claim Objections
Claims 2-11, 13 and 15 are objected to because of the following informalities:
In each of claims 2 to 10, Applicant is suggested to amend the preamble “The phase-change composition of claim 1” to read as “The thermally conductive phase-change composition of claim 1” in order to improve clarity in the claims. Note the full antecedent basis of claim 1’s composition is a “thermally conductive phase-change composition” not merely a “phase-change composition”.
In each of claims 11, 13, and 15, Applicant is suggested to amend the term “the phase-change composition of claim 1” to read as “the thermally conductive phase-change composition of claim 1” in order to improve clarity in the claims. The same is suggested for the similar “the phase-change composition” term recited in the subjecting step of claim 15. Note the full antecedent basis of claim 1’s composition is a “thermally conductive phase-change composition” not merely a “phase-change composition”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102 & 103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6, and 8-17 are rejected under 35 U.S.C. 102(a)(1,2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bruzda (US 2011/0204280 A1).
As to claims 1 and 10, Bruzda teaches thermal interface materials comprising a thermally conductive filler in a thermally reversible gel (abstract). An exemplary thermal interface material comprises 9.4 wt.% of styrenic copolymers, 42.4 wt.% of a paraffinic oil, and 47.1 wt.% of boron nitride thermally conductive fillers (para. 0066-0073) which reads on the claimed thermoplastic polymer, phase-change material, and thermally conductive particles and concentrations, respectively. Components in a composition must sum/total to 100 wt.%. Nevertheless, the sum of the components in Bruzda’s exemplary composition sum/total to 100 wt.% (para. 0067). The exemplary composition obtains a thermal conductivity of 3.37 W/mK (para. 0073), which meets the claimed limitations that the thermal conductivity of the composition is at least 3.0 W/m-K at a temperature below the transition temperature of the phase-change material and thermal conductivity of the composition is at least 2.0 W/m-K at a temperature above the transition temperature of the phase-change material. Alternatively, the claimed thermal conductivity limitations are presumed inherent of the anticipatory composition as Bruzda teach a composition with the same components in the same concentrations as claimed. The same is true for the claimed minimum heat of fusion in claim 10.
In the event the cited example in the reference somehow fails to meet the claimed limitations, specifically the claimed thermal conductivity and minimum heat of fusion limitations, under the meaning of anticipation, the limitations would nevertheless flow naturally from the teachings of the reference. Bruzda teaches providing different species of phase change materials and thermally conductive fillers (para. 0018 and 0024, respectively) that would affect the thermal conductivity of the resultant composition. Furthermore, the other working examples in the reference also demonstrate the styrenic copolymer, phase change material, and thermal conductivity may be used at other, varying concentrations that affect the thermal conductivity of the resultant composition. At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to vary and tailor the amount and identity of the phase change material and the thermally conductive particles in Bruzda’s composition in order to obtain other thermal interface materials than those specifically exemplified with an optimum or sufficient thermal conductivity with a reasonable expectation of success.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." "Products of identical chemical composition can not have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
"The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious." Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
As to claims 2 and 3, Bruzda teach the thermoplastic polymer comprises an elastomeric styrenic block copolymer (Id.).
As to claim 4, Bruzda teach the phase change material comprises an alkane (the exemplary material is a paraffinic oil, Id.; paraffins are alkanes, meaning a paraffinic oil is an oil comprising paraffins/alkanes). Alternatively, Bruzda teach the alternative phase change materials may comprise fatty acid soaps and natural oils such as soybean oils, coconut oils, and ester oils (para. 0018), which reads on the claimed fatty acid, fatty acid ester, and vegetable oil species.
As to claim 5, Bruzda teach the thermally conductive particles comprise boron nitride (abstract). Alternatively, see also the other thermally conductive particle species in para. 0024 comprising, for example, alumina or graphite.
As to claim 8, the cited example further comprises an antioxidant and a pigment (Id. at para. 0067).
As to claim 9 and alternatively regarding claim 8, the boron nitride filler reads on the composition further comprising a nitrogen-containing compound flame retardant.
As to claims 10 and 11, the phase change material is made by combining/mixing the components of the composition while maintaining the mixture at an elevated temperature so that the styrenic polymer softens so they may be moved/mixed with shear (para. 0038), which reads on the method comprising hot melt processing.
As to claims 13 and 14, Bruzda further teach the thermal interface material is applied to electronic devices/components and/or integrated circuits between the component and a heat sink (para. 0002-0004, 0028, 0029, etc.).
As to claims 15-17, in addition to what is already disclosed in cited in para. 0038 meeting instant claims 10 and 11, Bruzda further teach the composition can be processed into a gap pad (that is used as a thermal interface material in electronic devices/components and/or integrated circuits, Id.) by forming a warm mixture of the composition into a sheet prior to cooling the warm mixture to a rubber consistency (rather than a shearing consistency) (para. 0039), which reads on the claimed subjecting step. Alternatively/furthermore, para. 0039 also discuss cooling the mixture prior to forming a gap pad, storing the cooled mixture, and then later forming a gap pad by rewarming the mixture to process it into gap pads. Additionally, para. 0039 also discuss the formation of the gap pad may include providing a release liner sheet on a side of the gap pad which further reads on the subjecting step. Alternatively, Bruzda also teach the composition can be reheated and reprocessed to reuse, reform, and/or recycle the thermal interface material (para. 0043), which separately reads on the claimed subjecting step. Alternatively, Bruzda also teach the thermal interface material may be compressively sandwiched between a EMI shield and a heat sink (para. 0029), which separately reads on the claimed steps.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bruzda (US 2011/0204280 A1) as applied to claims 1-4, 6, and 8-17, and further in view of Hartmann et al. (US 2016/0226114 A1).
The disclosure of Bruzda is relied upon as set forth above.
Bruzda teaches the phase change material comprises an alkane (paraffin), fatty acid, or vegetable oil (Id. at para. 0018) but fails to teach the transition temperature of the phase change material is 10-95°C.
However, Hartmann et al. is similarly drawn to composite phase change compositions comprising a phase change material having a transition temperature between 0-100°C (abstract and para. 0008). Hartmann et al. teach suitable phase change materials, i.e., phase change materials having a transition temperature between 0-100°C substantially overlapping the claimed range of 10-95°C, are various fatty acids, fatty acid esters, and paraffins (para. 0144). Hartmann et al. goes even further to disclose some precise paraffins having transition temperature within the claimed range of 10-95°C (para. 0146). Hartmann et al. teach typical examples and species of alkane/paraffin, fatty acid, fatty acid ester, and oil-based phase change materials which just so happen to have transition temperatures overlapping if not within the claimed range.
At the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide any of the typical examples and species of alkane/paraffin, fatty acid, fatty acid ester, and oil-based phase change materials taught by Hartmann et al. as the alkane/paraffin, fatty acid, fatty acid ester, and oil-based phase change material of Bruzda with a reasonable expectation of success while also arriving at the claimed transition temperature range as the typical examples and species of alkane/paraffin, fatty acid, fatty acid ester, and oil-based phase change materials which just so happen to have transition temperatures overlapping if not within the claimed range.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bruzda (US 2011/0204280 A1) as applied to claims 1-4, 6, and 8-17, and further in view of Nguyen (US 6,673,434 B2) or Weiser et al. (US 2008/0291634 A1).
The disclosure of Bruzda is relied upon as set forth above.
Bruzda fails to specifically teach the composition further comprises 0.5-5 wt.% carbon fibers as claimed.
However, Nguyen similarly teach a thermal interface material comprising a rubber compound, phase change material and a thermally conductive filler (abstract and col. 5 line 58 to col. 6 line 40) where it is specifically taught that “addition of about 0.5 wt.% carbon micro fibers provides significantly increased thermal conductivity” (col. 5 lines 31-33). Weiser et al. similarly teaches the same (“the addition of at least about 0.5% carbon fiber significantly increases thermal conductivity”, para. 0078).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide about 0.5 wt.% or at least 0.5 wt.% carbon fibers as taught by either Nguyen or Weiser et al. to the thermal interface material of Bruzda in order to significantly increase thermal conductivity of the thermal interface material with a reasonable expectation of success.
Claims 1-6 and 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2017/0321100 A1).
As to claims 1 and 10, Zhang et al. teach a thermal interface material comprising a polymer, a phase change material, and thermally conductive fillers (abstract). The polymer generally comprises a rubber compound where exemplary rubber compounds include ethylene-propylene rubbers and polyethylene-butylene-styrene (para. 0065), which describe a thermoplastic polymer. Zhang et al. also teach the polymer provides flowability when pressed under heat and pressure (para. 0064), which further describes a thermoplastic polymer. The polymer generally comprises 1-75 wt.% of the composition and subsets thereof (para. 0067). There are particular alternative min and max values of the polymer concentrations and one of ordinary skill in the art could envisage one of the subsets being 5-25 wt.% per a possible minimum of 5 wt.% and a possible maximum of 25 wt.% (Id. in para. 0067). The phase change material comprises a paraffin wax or a polyethylene wax (para. 0069), and the phase change material generally comprises 1-75 wt.% of the composition and subsets thereof (para. 0070). There are particular alternative min and max values of the phase change material concentrations and one of ordinary skill in the art could envisage one of the subsets being 10-50 wt.% per a possible minimum of 10 wt.% and a possible maximum of 50 wt.% (Id. in para. 0067). The thermally conductive fillers generally comprise 10-99 wt.% of the composition and subsets thereof (para. 0027). There are particular alternative min and max values of the thermally conductive filler concentrations and one of ordinary skill in the art could envisage one of the subsets being 25-90 wt.% per a possible minimum of 25 wt.% and a possible maximum of 90 wt.% (Id. in para. 0027). Components in a composition must sum/total to 100 wt.%. Nevertheless, the sum of the components in Zhang et al.’s exemplary compositions sum/total to 100 wt.% (see, e.g., p.7).
While the disclosed concentrations do not specifically meet the claimed limitations under the meaning of anticipation, there is nevertheless a strong prima facie case of obviousness over the cited teachings of the reference because Zhang et al. teach a thermally conductive phase change composition comprising the same components in overlapping, nearly the same concentrations. As described above, the concentrations of components overlap. Furthermore, the preferred/narrower range of 5-25 wt.% thermoplastic polymer is equivalent to the claimed range, the preferred/narrower range of 10-50 wt.% phase change material overlaps the claimed range, and the preferred/narrower range of 25-90 wt.% thermally conductive filler overlaps the claimed range.
Additionally, the claimed thermal conductivity and heat of fusion and/or transition temperature limitations would flow naturally from the cited teachings of the reference because Zhang et al. teach a composition with the same components (thermoplastic polymer including elastomers/rubbers, phase change material including alkanes with a transition temperature generally between 20-140°C [elaborated on below], and thermally conductive fillers) in substantially the same/overlapping concentrations as those claimed.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
"The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious." Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
As to claims 2 and 3, Zhang et al. teach the thermoplastic polymer comprises elastomeric block copolymers and styrenic block copolymers (e.g., polyethylene-butylene-styrene and polyethylene-propylene-styrene rubbers, para. 0065). If this were not enough, the examples use a Kraton elastomer (para. 0095), which are known in the art as styrenic block copolymers or at the very least encompass styrene block copolymers.
As to claims 4 and 5, Zhang et al. teach the phase change material comprises a paraffin wax or a polyethylene wax (Id.), which are alkanes. Zhang et al. further teach the paraffins have a melting point in the range of about 20-100°C and the polyethylene waxes have a melting point within the range of about 40-160°C (para. 0069), which overlap the claimed transition temperature range.
As to claim 6, Zhang et al. teach all of boron nitride, silica, alumina, zinc oxide, carbon fibers, graphite, and aluminum nitride as suitable thermally conductive particles (para. 0026).
As to claim 8, Zhang et al. teach the composition may further comprises additives such as an antioxidant (para. 0076).
As to claim 9 and alternatively regarding claim 8, Zhang et al. teach the composition may further comprise various organic pyrophosphate-based coupling agents (para. 0072), which broadly read on the composition further comprising an organic phosphorus-containing flame retardant compound. Alternatively, as cited above, metal oxides such as zinc oxide are preferred thermally conductive fillers (Id.), which, when present, broadly read on the composition further comprising a metal oxide flame retardant. The same is true for Zhang et al.’s nitride-based fillers (see para. 0026) reading on a nitrogen-containing compound flame retardant. Alternatively, Zhang et al. further teach formulating the composition with a halogenated hydrocarbon (para. 0083), which reads on the composition further comprising a halogenated organic compound flame retardant.
As to claims 11 and 12, Zhang et al. teach the thermal interface material is made by forming a dispensable formulation including the polymer, phase change material, thermally conductive fillers, and additives with a solvent (para. 0080) which reads on combining the components with a solvent. The solvent may later be volatized (para. 0081, 0086, and 0087), which reads on optionally removing the solvent. If this were not enough, the working examples teach blending the components during heating so that the combination melts (see, e.g., para. 0095). These teachings read on hot melt processing and solvent casting.
As to claims 13 and 14, Zhang et al. teach the thermal interface material may be provided to an electronic chip/printed circuit board, connecting the chip/board to a heat sink (Fig. 1 and para. 0003), which reads on an electronic device and/or circuit board article comprising the thermal interface material.
As to claims 15-17, in addition to what is already disclosed in cited in para. 0080, 0081, 0086, 0087, and 0095 meeting instant claims 10 and 11, Zhang et al. further teach the thermal interface material is placed between a heat generating component and a heat sink (for transporting heat away from electronic devices/components and/or integrated circuits, Id.) and subjected to a pressure and elevated temperature to obtain a preferred bond line thickness, aka final thickness, (see claim 27 and para. 0091, 0092, and 0097). During pressing and heating, the thermally conductive filler fills gaps between one another which increases the flowability of the thermal interface material and reduces the bond line thickness (para. 0091). Overall, this meets the claimed method of manufacturing an electronic device and/or circuit board article comprising subjecting the thermal interface material to a temperature and/or pressure effective to introduce the thermal interface material into or onto a desired location of the article. If this were not enough, Zhang et al. additionally teach the polymer matrix material provides flowability when pressed under heat and pressure (para. 0064), which is an invitation for a person of ordinary skill in the art to use the obtained thermal interface material in a manner that flows the composition via heating and/or pressing, as claimed. Regarding the claimed limitation that the method further comprises cooling the introduced, of course the heated thermal interface material may be cooled after heating. The examples measure bond line thickness after subjecting the sample to 90°C for 60 minutes (para. 0109), which means the measurement is not taken at the heated temperature but rather at a lower, cooled temperature (i.e., room temperature). Additionally, the heat can be generated by the electronic device (Id.), and is of course cooled when the electronic device is inevitably turned off.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2017/0321100 A1) as applied to claims 1-6 and 8-17 above, and further in view of Nguyen (US 6,673,434 B2) or Weiser et al. (US 2008/0291634 A1).
The disclosure of Zhang et al. is relied upon as set forth above.
Zhang et al. teach the provision of carbon fibers but fail to specifically teach the carbon fibers are provided at 0.5-5 wt.% as claimed.
However, Nguyen similarly teach a thermal interface material comprising a rubber compound, phase change material and a thermally conductive filler (abstract and col. 5 line 58 to col. 6 line 40) where it is specifically taught that “addition of about 0.5 wt.% carbon micro fibers provides significantly increased thermal conductivity” (col. 5 lines 31-33). Weiser et al. similarly teaches the same (“the addition of at least about 0.5% carbon fiber significantly increases thermal conductivity”, para. 0078).
Thus, at the time of the effective filing date it would have been obvious to a person of ordinary skill in the art to provide about 0.5 wt.% or at least 0.5 wt.% carbon fibers as taught by either Nguyen or Weiser et al. to the thermal interface material of Zhang et al. in order to significantly increase thermal conductivity of the thermal interface material with a reasonable expectation of success.
Claims 1-6 and 8-17 are rejected under 35 U.S.C. 103 as being obvious over Wang et al (US 2020/0358154 A1).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
As to claims 1 and 10, Wang et al. teach a phase-change composition comprising a phase change material and a polymer (abstract). The composition may further comprise a thermoconductive filler (para. 0047-0048), which reads on thermally conductive particles. Thermoplastic polymers are preferred/exemplified as the polymer (para. 0031-0036). The polymer is present in an amount of 2-40 wt.% of the composition and subsets thereof (para. 0039). The phase change material is present in an amount of 20-98 wt.% of the composition and subsets thereof (para. 0037). The thermoconductive filler is present in an amount of 0.1-80 wt.% of the composition and subsets thereof (para. 0049).
While the disclosed concentrations do not specifically meet the claimed limitations under the meaning of anticipation, there is nevertheless a strong prima facie case of obviousness over the cited teachings of the reference because Wang et al. teach a thermally conductive phase change composition comprising the same components in overlapping, nearly the same concentrations. As described above, the concentrations of components overlap.
Additionally, the claimed thermal conductivity and heat of fusion and/or transition temperature limitations would flow naturally from the cited teachings of the reference because Wang et al. teach a composition with the same components (thermoplastic polymer including elastomers/rubbers, phase change material including alkanes, fatty acids, etc. with a transition temperature generally within the later-claimed range of 10-95°C [elaborated on below], and thermally conductive fillers) in substantially the same/overlapping concentrations as those claimed.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
"The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious." Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
As to claims 2 and 3, Wang et al. teach elastomeric styrenic block copolymers are preferred polymers (para. 0034-0035).
As to claims 4 and 5, Wang et al. teach alkanes, fatty acids, vegetable oils, and fatty acid esters are preferred phase change materials (para. 0027). Therein, preferred paraffinic hydrocarbons, i.e., alkanes, have a transition temperature of 5-70°C and subsets thereof such as 25-65°C (para. 0028), and preferred fatty acids and fatty acid esters have a transition temperature of 5-70°C and subsets thereof such as 25-65°C (para. 0029).
As to claim 6, preferred thermally conductive particles are boron nitride, silica, alumina, zinc oxide, magnesium oxide, and aluminum nitride (para. 0048).
As to claim 8, the composition further comprises additives such as flame retardants, cure initiators, crosslinking agents, viscosity modifiers, wetting agents, antioxidants, thermal stabilizers, colorants, and combinations thereof (para. 0050).
As to claim 9, the flame retardant can be a metal carbonate, a metal hydrate, a metal oxide, a halogenated organic compound, an organic phosphorus-containing compound, a nitrogen-containing compound, or a phosphinate salt (para. 0051).
As to claims 11 and 12, the composition is made by combining the components in embodiments where the components are melted and can also be dissolved or suspended in a solvent followed by evaporating the solvent (para. 0059-0061).
As to claims 13 and 14, the composition may be contained in an article such as a battery and can be used in electronic devices (para. 0077).
As to claims 15-17, Wang et al. teach the phase-change composition and a battery packaging layer can be coextruded to form the thermal management battery packaging material (para. 0075). The thermal management battery packaging material can be directly co-extruded onto the surface of an article, for example one or more battery cells, to be packaged in the thermal management battery packaging material or onto a laminate for enclosing a pouch cell (Id.). This, in combination with the cited teachings of what the article is/comprises (Id.), meets the claimed limitations. Extrusion entails cooling the extrudate (i.e., the composition) post-extrusion.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Prior Art Cited But Not Applied
The following prior art is made of record and not relied upon but is considered pertinent to Applicant's disclosure and/or as evidence to support the above ground(s) of rejection:
Duvall et al. (US 6,391,442 B1) teach Kraton polymers are styrene butadiene block copolymer elastomers (col. 6 lines 4-6). Duvall et al. also teach a thermal interface material comprising a polymer component, a melting point component, and thermally conductive particles (abstract).
Czubarow et al. (US 2005/0072334 A1) similarly teach Kraton polymers are styrene butadiene block copolymer elastomers (para. 0025). Czubarow et al. also teach a thermal interface material comprising a polymer component, a phase change component, and a thermally conductive filler (abstract and para. 0029).
Duvall et al.’s and Czubarow et al. thermal interface materials are very pertinent and similar to Applicant’s claimed invention, but the prior art references applied in the above ground(s) of rejection are closer to the claimed limitations at this time.
The remaining references listed on Forms 892, 1449, and PCT 210 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon or discussed above.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R DIAZ whose telephone number is 571-270-0324. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
September 25, 2025