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 .
DETAILED ACTION
This Office action is based on the 18/267830 application originally filed June 16, 2023.
Amended claims 1-12, filed June 16, 2023, are pending and have been fully considered.
Claim Rejections - 35 USC § 102/103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
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.
Claim(s) 1-5 and 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Zhang et al. (US 2017/0321100) hereinafter “Zhang”.
Regarding Claim 1
Zhang discloses in paragraph 0001, thermal interface materials, and more particularly to thermal interface materials (TIM) including a phase change material.
Zhang further discloses in paragraph 0064, the TIM 22 comprises a polymer matrix material. In some exemplary embodiments, the polymer matrix material provides a matrix for incorporating the thermally conductive fillers, and provides flowability when pressed under heat and pressure.
Zhang discloses:
(see paragraph 0065) the polymer matrix material comprises a hydrocarbon rubber compound or a blend of rubber compounds. Exemplary materials include saturated and unsaturated rubber compounds. In some embodiments, saturated rubbers may be less sensitive to thermal oxidation degradation than unsaturated rubber compounds. Exemplary saturated rubber compounds include ethylene-propylene rubbers (EPR, EPDM), polyethylene/butylene, polyethylene-butylene-styrene, polyethylene-propylene-styrene, hydrogenated polyalkyldiene “mono-ols” (such as hydrogenated polybutadiene mono-ol, hydrogenated polypropadiene mono-ol, hydrogenated polypentadiene mono-ol), hydrogenated polyalkyldiene “diols” (such as hydrogenated polybutadiene diol, hydrogenated polypropadiene diol, hydrogenated polypentadiene diol) and hydrogenated polyisoprene, polyolefin elastomer, or any other suitable saturated rubber, or blends thereof.
(see paragraphs 0025-0027) the TIM 22 includes at least a first thermally conductive filler and a second thermally conductive filler. Exemplary thermally conductive fillers include metals, alloys, nonmetals, metal oxides, metal nitrides and ceramics, and combinations thereof. Exemplary metals include but are not limited to aluminum, copper, silver, zinc, nickel, tin, indium, lead, silver coated metals such as silver coated copper or silver coated aluminum, metal coated carbon fibers, and nickel coated fibers. Exemplary nonmetals include but are not limited to carbon, carbon black, graphite, carbon nanotubes, carbon fibers, graphene, powdered diamond, glass, silica, silicon nitride, and boron coated particles. Exemplary metal oxides, metal nitrides and ceramics include but are not limited to alumina, aluminum nitride, boron nitride, zinc oxide, and tin oxide. The TIM 22 may comprise the two or more thermally conductive fillers in an amount as little as 10 wt. %, 25 wt. %, 50 wt. %, 75 wt. %, 80 wt. %, 85 wt. %, as great as 90 wt. %, 92 wt. %, 95 wt. %, 97 wt. %, 98 wt. %, 99 wt. %, or within any range defined between any two of the foregoing values, based on the total weight of the TIM 22.
(see paragraphs 0069 and 0070) the TIM 22 comprises one or more phase change materials. A phase change material is a material having a melting point or melting point range at or below the operating temperature of a portion of an electronic device in which the TIM 22 is to be used. An exemplary phase change material is a wax, such as paraffin wax. Paraffin waxes are a mixture of solid hydrocarbons having the general formula CnH2n+2 and having melting points in the range of about 20° C to 100° C. Polymer waxes include polyethylene waxes and polypropylene waxes, and typically have a range of melting points from about 40° C to 160° C. Other exemplary phase change materials include low melting alloys, such as Wood's metal, Field's metal, or a metal or alloy having a melting point between about 20° C. and 90° C. The TIM 22 may comprise the one or more phase change materials in an amount as little as 1 wt. %, 3 wt. %, 5 wt. %, 10 wt. %, as great as 15 wt. %, 25 wt. %, 50 wt. %, 75 wt. %, or within any range defined between any two of the foregoing values, based on the total weight of the TIM 22.
(see paragraph 0072 and 0074) the TIM 22 comprises one or more coupling agents. In some exemplary embodiments, inclusion of a coupling agent may improve thermal properties, such as properties at relatively high temperatures. The TIM 22 may comprise the one or more coupling agents in an amount as little as 0.1 wt. %, 0.3 wt. %, 0.5 wt. %, as great as 1 wt. %, 2 wt. %, 3 wt. %, 5 wt. %, or within any range defined between any two of the foregoing values, based on the total weight of the central layer.
The claimed invention is anticipated by the reference because the reference teaches a composition which comprises all of the claimed components. In the alternative, no patentable distinction is seen to exist between the reference and the claimed invention absent evidence to the contrary.
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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
From the teachings of the references, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art at the time the invention was made, as evidenced by the references, especially in the absence of evidence to the contrary.
Regarding Claim 2
Zhang discloses in paragraph 0065 the polymer matrix material comprises a hydrocarbon rubber compound or a blend of rubber compounds. Exemplary materials include saturated and unsaturated rubber compounds. In some embodiments, saturated rubbers may be less sensitive to thermal oxidation degradation than unsaturated rubber compounds. Exemplary saturated rubber compounds include ethylene-propylene rubbers (EPR, EPDM), polyethylene/butylene, polyethylene-butylene-styrene, polyethylene-propylene-styrene, hydrogenated polyalkyldiene “mono-ols” (such as hydrogenated polybutadiene mono-ol, hydrogenated polypropadiene mono-ol, hydrogenated polypentadiene mono-ol), hydrogenated polyalkyldiene “diols” (such as hydrogenated polybutadiene diol, hydrogenated polypropadiene diol, hydrogenated polypentadiene diol) and hydrogenated polyisoprene, polyolefin elastomer, or any other suitable saturated rubber, or blends thereof.
Regarding Claim 3
Zhang discloses in paragraphs 0025-0027, the TIM 22 includes at least a first thermally conductive filler and a second thermally conductive filler. Exemplary thermally conductive fillers include metals, alloys, nonmetals, metal oxides, metal nitrides and ceramics, and combinations thereof. Exemplary metals include but are not limited to aluminum, copper, silver, zinc, nickel, tin, indium, lead, silver coated metals such as silver coated copper or silver coated aluminum, metal coated carbon fibers, and nickel coated fibers. Exemplary nonmetals include but are not limited to carbon, carbon black, graphite, carbon nanotubes, carbon fibers, graphene, powdered diamond, glass, silica, silicon nitride, and boron coated particles. Exemplary metal oxides, metal nitrides and ceramics include but are not limited to alumina, aluminum nitride, boron nitride, zinc oxide, and tin oxide.
Regarding Claim 4
Zhang discloses in paragraph 0069, the TIM 22 comprises one or more phase change materials. A phase change material is a material having a melting point or melting point range at or below the operating temperature of a portion of an electronic device in which the TIM 22 is to be used. An exemplary phase change material is a wax, such as paraffin wax.
Regarding Claim 5
Zhang discloses in paragraph 0055, exemplary coupling agents the thermally conductive filler include silane coupling agents, titanate coupling agents, aluminate coupling agents, zirconate coupling agents, and stearate coupling agent. In some embodiments, the coupling agent for pre-treatment of the thermally conductive filler is selected from titanate coupling agents, aliphatic coupling agents, and silane coupling agents.
Zhang further discloses in paragraph 0073, the coupling agent is the same as the coupling agent for the pre-treatment of the thermally conductive filler. Zhang further discloses in paragraph 0072, the TIM 22 comprises one or more coupling agents. In some exemplary embodiments, inclusion of a coupling agent may improve thermal properties, such as properties at relatively high temperatures.
Regarding Claim 7
Zhang discloses in paragraphs 0076 and 0077, the TIM 22 comprises one or more additives. Exemplary additives include antioxidants, ion scavengers, and crosslinkers. Exemplary antioxidants include phenolic-type antioxidants, amine-type antioxidants, or any other suitable type of antioxidant or combinations thereof.
Regarding Claims 10 and 12
Zhang discloses in paragraph 0081, suitable solvents include pure solvents or mixtures of organic or inorganic solvents that are volatilized at a desired temperature, such as the critical temperature, or that can facilitate any of the above-mentioned design goals or needs, and that are compatible with the phase change materials, in that they will interact with the phase change materials to achieve the previously-mentioned goals. In some exemplary embodiments, the solvent or mixture of two or more solvents are selected from the hydrocarbon family of solvents. Hydrocarbon solvents comprise carbon and hydrogen. A majority of hydrocarbon solvents are non-polar; however, there are a few hydrocarbon solvents that are considered polar.
Regarding Claims 8, 9 and 11
Zhang discloses in paragraph 0052, in some exemplary embodiments, at least one of the thermally conductive fillers is pretreated with a coupling agent. In some exemplary embodiments, the thermally conductive fillers are not pretreated with a coupling agent. Without wishing to be bound by any theory, it is believed that the coupling agent reacts with both the filler and the polymer matrix material to form or promote a strong bond at the interface, which helps to break the filler particle aggregates and disperse the filler particles in to polymer matrix. The coupling agent is also believed to reduce or prevent separation of the polymer matrix polymer from filler, improving the stability of filler-polymer composite.
Zhang discloses in paragraph 0055, exemplary coupling agents the thermally conductive filler include silane coupling agents, titanate coupling agents, aluminate coupling agents, zirconate coupling agents, and stearate coupling agent. In some embodiments, the coupling agent for pre-treatment of the thermally conductive filler is selected from titanate coupling agents, aliphatic coupling agents, and silane coupling agents.
Zhang further discloses in paragraph 0073, the coupling agent is the same as the coupling agent for the pre-treatment of the thermally conductive filler. Zhang further discloses in paragraph 0072, the TIM 22 comprises one or more coupling agents. In some exemplary embodiments, inclusion of a coupling agent may improve thermal properties, such as properties at relatively high temperatures.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2017/0321100) hereinafter “Zhang” in view of Appukuttan et al. (US 2019/0292321) hereinafter “Appukuttan”.
Regarding Claim 6
Zhang discloses the thermal interface material comprising coupling agents but fails to further disclose the silicon-based coupling agent of claim 6 of the present invention.
However, it is known in the art to add a alkoxy silane or alkoxy siloxane to a thermal interface material composition in order to aid in improving the thermal conductivity while exhibiting phase change characteristics, as taught by Appukuttan.
Appukuttan discloses in paragraphs 0009-0023, phase change thermal interface silicone compositions were prepared by mixing silicone polymers, antioxidants, inhibitors, coupling agents and fillers.
Appukuttan discloses in paragraph 0156, the current phase change thermally conducting composition may contain a coupling agent as optional component. In one embodiment, provided is a composition of any previous embodiment, wherein the fillers are treated with a coupling agent chosen from an alkoxy silane, an alkoxy siloxane, an alkoxy cyclic siloxane, an alkoxy oragno-siloxane, an alkoxy cyclic oragno-siloxane, an alkacryloxy silane, a vinyl silane, a halo silane (e.g., a chlorosilane), a mercapto silane, a blocked mercaptosilane, a thiocarboxylate silane, titanate salts, zirconate salts, or a combination of two or more thereof.
Appukuttan further discloses in paragraph 0157, in the composition, the coupling agent may be present in an amount of up to 20 wt % based on the total weight of composition.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to add the alkoxy silane or alkoxy siloxane of Appukuttan as a coupling agent in the thermal interface material of Zhang. The motivation to do so is to use known coupling agents in order to aid in improving the thermal conductivity while exhibiting phase change characteristics.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weiser et al. (US 2008/0291634) discloses in the abstract, thermal interface materials are disclosed that include at least one matrix material component, at least one high conductivity filler component, at least one solder material; and at least one material modification agent, wherein the at least one material modification agent improves the thermal performance, compatibility, physical quality or a combination thereof of the thermal interface material. Methods of forming thermal interface materials are also disclosed that include providing each of the at least one matrix material component, at least one high conductivity filler, at least one solder material and at least one material modification agent, blending the components; and optionally curing the components pre- or post-application of the thermal interface material to the surface, substrate or component. Also, thermal interface materials are disclosed that include at least one matrix material component, at least one high conductivity filler component, at least one solder material; and at least one material modification agent, wherein the at least one material modification agent at least one modified thermal filler profile.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOSHA D HINES whose telephone number is (571)270-5551. The examiner can normally be reached Monday thru Friday 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Latosha Hines/Primary Examiner, Art Unit 1771