DETAILED ACTION
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 .
Status of the Application
This Office Action is in response to Applicant’s application 18/452,089 filed on October 30 2023 in which claims 1 to 18 are pending.
Response to Arguments
Applicant’s arguments, see page 2, filed April 23, 2026, with respect to the rejection(s) of claims 1-2, 5-11 and 14-18 under 35 U.S.C. 103 as being unpatentable El-Hinnawy et al. (US 2020/0058850 A1) in view of Chen (US 2005/0051901 A1). have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of under 35 U.S.C. 103 as being unpatentable El-Hinnawy et al. (US 2020/0058850 A1) in view of Heiss et al. (US 2023/0021991 A1).
Drawings
The drawings submitted on August 18 2023 have been reviewed and accepted by the Examiner.
Notation
References to patents will be in the form of (C: L) where C is the column number and L is the line number. References to pre-grant patent publications will be to the paragraph number in the form of (¶ XXXX).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-4, 9-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over El-Hinnawy et al. (US 2020/0058850 A1; hereinafter “El-Hinnawy”) in view of Heiss et al. (US 2023/0021991 A1; hereinafter “Heiss”).
Regarding claim 1, El-Hinnawy teaches a phase change material (PCM) switch; (Fig.1A; ¶ 0018), including:
a PCM region (112; ¶ 0019) including first and second signal ports configured to be coupled to a signal source (124 and 125; ¶ 0019);
a resistive heater (106; Fig.1A; ¶0020) adjacent the PCM region (112) and including first and second heater control signal ports (124 and 125);
(c) a source (142, Fig.1A; ¶ 0018) of control pulse coupled to the first and second heater (106; Fig. 1A) control having a first power profile to transform the PCM region into a high resistance state and a second power profile to transform the PCM region into a low resistance state (signal used to transform from an amorphous phase to crystalline phase, or vice versa; ¶ 0020).
El-Hinnawy does not teach the power source is an AC control pulses coupled to the first and second heater control signal ports the AC control pulses having a first power profile to transform the PCM region into a high resistance state and a second power profile to transform the PCM region into a low resistance state.
However, Heiss teaches in the same field of endeavor a set of heaters (33, Fig.3; ¶ 0073) to heat the phase change material (¶ 0075) (AC; ¶ 0031). Further, Heiss teaches that an AC current could be used to heat the heaters, wherein the current inherently reverse direction, and the heaters thermally heat the PCM layer to switch between the amorphous state and crystalline state (¶0072-0073 and ¶0028).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have the source of AC control pulses providing having a first power profile of AC control pulses to transform the PCM region into a high resistance state and a second power profile of AC control pulses to transform the PCM region into a low resistance state in the device of El-Hinnawy as taught by Heiss because AC current would have been recognized as an alternative electrical supply used for the heaters in which the thermal heating switches the PCM between the high/low state and low/high state.
Regarding claim 2, El-Hinnawy as modified by Heiss does not explicitly teach is the first power profile comprises a set of high-power, short-period AC control pulses to transform the PCM region into a high resistance state.
However, Heiss teaches AC current pulses can be used to transform the PCM region between high resistance state and low resistance state and teach that can be difficult to implement for short cycles. (The office takes a stand that the prior art reference does not teach away because difficult does not mean the AC current cannot be used for short cycle; further short is a broad limitation that any cycle can be short since the claim does not define the range of the cycle ¶ 00073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have the first power profile comprises a set of high-power, short-period AC control pulses to transform the PCM region into a high resistance state in the device of the El-Hinnawy as taught by Heiss since it has been held that where the general conditions of a claim are disclosed in the prior art (AC current pulses to control the heater of the PCM layer), discovering the optimum or working ranges involves only routine skill in the art. See MPEP § 2144.05.
Regarding claim 3, El-Hinnawy as modified by Heiss does not explicitly teach the second power profile comprises a set of low- power, long-period AC control pulses to transform the PCM region into a low resistance state.
However, Heiss teaches in the same field of endeavor a set of heaters (33, Fig.3; ¶ 0073) to heat the phase change material (¶ 0075) (AC; ¶ 0031) the heater causes the phase change material to switch between amorphous and crystalline phases (¶ 0028). Further, Heiss teaches that an AC current could be used to heat the heaters, wherein the current inherently reverse direction, and the heaters thermally heat the PCM layer to switch between the amorphous state and crystalline state (¶0072-0073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have second power profile comprises a set of low- power, long-period AC control pulses to transform the PCM region into a low resistance state in the device of El-Hinnawy and Heiss since it has been held that where the general conditions of a claim are disclosed in the prior art (AC current supplied to the heater to heat the PCM; switching between two states of the PCM is very well known in the art), discovering the optimum or working ranges involves only routine skill in the art. See MPEP § 2144.05.
Regarding claim 4, El-Hinnawy teaches the first power profile comprises a first set of high- power, short-period AC control pulses to transform the PCM region into a high resistance state, and the second power profile comprises a second set of low-power, long-period AC control pulses to transform the PCM region into a low resistance state.
However, Heiss teaches in the same field of endeavor a set of heaters (33, Fig.3; ¶ 0073) to heat the phase change material (¶ 0075) (AC; ¶ 0031) the heater causes the phase change material to switch between amorphous and crystalline phases (¶ 0028). Further, Heiss teaches wherein the first power profile comprises a first set of high- power, short-period AC control pulses to transform the PCM region into a high resistance state, ( ¶ 0073 can be used to transform the PCM region between high resistance state and low resistance state and teach that can be difficult to implement for short cycles; The office takes a stand that the prior art reference does not teach away because difficult does not mean that short cycles of AC current pulse cannot be used ¶ 00073), and the second power profile comprises a second set of low-power, long-period AC control pulses to transform the PCM region into a low resistance state (that an AC current could be used to heat the heaters, wherein the current inherently reverse direction, and the heaters thermally heat the PCM layer to switch between the amorphous state and crystalline state (¶0072-0073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have second power profile comprises a set of low- power, long-period AC control pulses to transform the PCM region into a low resistance state in the device of El-Hinnawy and Heiss since it has been held that where the general conditions of a claim are disclosed in the prior art (AC current supplied to the heater to heat the PCM; switching between two states of the PCM is very well known in the art), discovering the optimum or working ranges involves only routine skill in the art. See MPEP § 2144.05.
Regarding claim 10, El-Hinnawy teaches a phase change material (PCM) switch ;(Fig.1A; ¶ 0018), including:
a PCM region (112; ¶ 0019) including first and second signal ports configured to be coupled to a signal source (124 and 125; ¶ 0019);
a resistive heater (106; Fig.1A; ¶0020) adjacent the PCM region (112) and including first and second heater control signal ports (124 and 125);
(c) a source (142, Fig.1A; ¶ 0018) of control pulse coupled to the first and second heater (106; Fig. 1A) control having a first power profile to transform the PCM region into a high resistance state and a second power profile to transform the PCM region into a low resistance state (signal used to transform from an amorphous phase to crystalline phase, or vice versa; ¶ 0020).
El-Hinnawy does not teach the power source is an AC control pulses coupled to the first and second heater control signal ports the AC control pulses coupled to the first and second heater control signal ports and configured to selectively output a first set of AC control pulses to transform the PCM region into a high resistance state and a second set of AC control pulses to transform the PCM region into a low resistance state.
However, Heiss teaches in the same field of endeavor a set of heaters (33, Fig.3; ¶ 0073) to heat the phase change material (¶ 0075) (AC; ¶ 0031). Further, Heiss teaches that an AC current could be used to heat the heaters, wherein the current inherently reverse direction, and the heaters thermally heat the PCM layer to switch between the amorphous state and crystalline state (¶0072-0073 and ¶0028).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have the power source is an AC control pulses coupled to the first and second heater control signal ports the AC control pulses coupled to the first and second heater control signal ports and configured to selectively output a first set of AC control pulses to transform the PCM region into a high resistance state and a second set of AC control pulses to transform the PCM region into a low resistance state in the device of El-Hinnawy as taught by Heiss because AC current would have been recognized as an alternative electrical supply used for heating and thermal heating switches the PCM between the high/low state and low/high state.
Regarding claim 11, El-Hinnawy as modified by Heiss does not explicitly teach is the first power profile comprises a set of high-power, short-period AC control pulses to transform the PCM region into a high resistance state.
However, Heiss teaches AC current pulses can be used to transform the PCM region between high resistance state and low resistance state and teach that can be difficult to implement for short cycles. (The office takes a stand that the prior art reference does not teach away because difficult does not mean the AC current cannot be used ¶ 00073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have the first power profile comprises a set of high-power, short-period AC control pulses to transform the PCM region into a high resistance state in the device of the El-Hinnawy as taught by Heiss since it has been held that where the general conditions of a claim are disclosed in the prior art (AC current and pulses), discovering the optimum or working ranges involves only routine skill in the art. See MPEP § 2144.05.
Regarding claim 12, El-Hinnawy as modified by Heiss does not explicitly teach the second power profile comprises a set of low- power, long-period AC control pulses to transform the PCM region into a low resistance state.
However, Heiss teaches in the same field of endeavor a set of heaters (33, Fig.3; ¶ 0073) to heat the phase change material (¶ 0075) (AC; ¶ 0031) the heater causes the phase change material to switch between amorphous and crystalline phases (¶ 0028). Further, Heiss teaches that an AC current could be used to heat the heaters, wherein the current inherently reverse direction, and the heaters thermally heat the PCM layer to switch between the amorphous state and crystalline state (¶0072-0073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have second power profile comprises a set of low- power, long-period AC control pulses to transform the PCM region into a low resistance state in the device of El-Hinnawy and Heiss since it has been held that where the general conditions of a claim are disclosed in the prior art (AC current supplied to the heater to heat the PCM; switching between two states of the PCM is very well known in the art), discovering the optimum or working ranges involves only routine skill in the art. See MPEP § 2144.05.
Regarding claim 13, El-Hinnawy teaches the first power profile comprises a first set of high- power, short-period AC control pulses to transform the PCM region into a high resistance state, and the second power profile comprises a second set of low-power, long-period AC control pulses to transform the PCM region into a low resistance state.
However, Heiss teaches in the same field of endeavor a set of heaters (33, Fig.3; ¶ 0073) to heat the phase change material (¶ 0075) (AC; ¶ 0031) the heater causes the phase change material to switch between amorphous and crystalline phases (¶ 0028). Further, Heiss teaches wherein the first power profile comprises a first set of high- power, short-period AC control pulses to transform the PCM region into a high resistance state, ( ¶ 0073 can be used to transform the PCM region between high resistance state and low resistance state and teach that can be difficult to implement for short cycles; The office takes a stand that the prior art reference does not teach away because difficult does not mean the AC current cannot be used ¶ 00073), and the second power profile comprises a second set of low-power, long-period AC control pulses to transform the PCM region into a low resistance state (that an AC current could be used to heat the heaters, wherein the current inherently reverse direction, and the heaters thermally heat the PCM layer to switch between the amorphous state and crystalline state (¶0072-0073).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have second power profile comprises a set of low- power, long-period AC control pulses to transform the PCM region into a low resistance state in the device of El-Hinnawy and Heiss since it has been held that where the general conditions of a claim are disclosed in the prior art (AC current supplied to the heater to heat the PCM; switching between two states of the PCM is very well known in the art), discovering the optimum or working ranges involves only routine skill in the art. See MPEP § 2144.05.
Regarding claims 9 and 18, El-Hinnawy as modified by Heiss teaches wherein the source of AC control pulses includes an H-Bridge circuit coupled to the first and second heater control signal ports (Fig.3; ¶ 0072-0073).
Claims 5, 6, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over El-Hinnawy et al. (US 2020/0058850 A1; hereinafter “El-Hinnawy”) in view of Heiss et al. (US 2023/0021991 A1; hereinafter “Heiss”) as applied to claims 1 and 10 above, and further in view of Ali et al. (US 2011/0174799 A1; hereinafter “Ali”).
Regarding claim 5, El-Hinnawy as modified by Heiss does not explicitly teach wherein the AC control pulses have a rectangular wave-form.
However, Ali teaches a bi directional current is applied to a heater and wherein the AC control pulses have a rectangular wave- form (Fig.10; ¶ 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have wherein the AC control pulses have a rectangular wave-form in the device of El-Hinnawy and Heiss as taught by Ali since it is very well known in the art that the simplest form of an AC current is either sinusoidal or square wave.
Regarding claim 6, El-Hinnawy as modified by Heiss does not teach the AC control pulses have a sinusoidal wave-form.
However, Ali teaches a bi directional current is applied to a heater and wherein the AC control pulses have a sinusoidal wave- form (Fig.10; ¶ 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have wherein the AC control pulses have a rectangular wave-form in the device of El-Hinnawy and Heiss as taught by Ali since it is very well known in the art that the simplest form of an AC current is either sinusoidal or square wave.
Regarding claim 14, El-Hinnawy as modified by Heiss does not explicitly teach wherein the AC control pulses have a rectangular wave-form.
However, Ali teaches a bi directional current is applied to a heater and wherein the AC control pulses have a rectangular wave- form (Fig.10; ¶ 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have wherein the AC control pulses have a rectangular wave-form in the device of El-Hinnawy and Heiss as taught by Ali since it is very well known in the art that the simplest form of an AC current is either sinusoidal or square wave.
Regarding claim 15, El-Hinnawy as modified by Heiss does not teach the AC control pulses have a sinusoidal wave-form.
However, Ali teaches a bi directional current is applied to a heater and wherein the AC control pulses have a sinusoidal wave- form (Fig.10; ¶ 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to have wherein the AC control pulses have a rectangular wave-form in the device of El-Hinnawy and Heiss as taught by Ali since it is very well known in the art that the simplest form of an AC current is either sinusoidal or square wave.
Claims 7, 8, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over El-Hinnawy et al. (US 2020/0058850 A1; hereinafter “El-Hinnawy”) in view of Heiss et al. (US 2023/0021991 A1; hereinafter “Heiss”) as applied to claims 1 and 10 above, and further in view of Azizoglu (US 2018/0325127 A1).
Regarding claims 7 and 16, El-Hinnawy as modified by Heiss does not teach the AC control pulses have a sawtoothwave-form.
However, Azizoglu teaches an AC control pulses have a sawtooth waveform (¶ 0052).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, an AC control pulses have a sawtooth wave-form in the device of El-Hinnawy and Heiss as taught by Azizoglu since it is very well known in the art to have and AC control that can be a sinusoidal wave-form, square wave-form or sawtooth wave-form.
Regarding claim 8, El-Hinnawy as modified by Heiss does not teach the AC control pulses have a triangular wave-form.
However, Azizoglu teaches an AC control pulses a triangular waveform (¶ 0052).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, an AC control pulses have a triangular wave-form in the device of El-Hinnawy and Heiss as taught by Azizoglu since it is very well known in the art to have and AC control that can be a sawtooth wave-form, square wave-form or triangular wave-form.
Regarding claim 17, El-Hinnawy as modified by Chen does not teach the AC control pulses have a triangular wave-form.
However, Azizoglu teaches an AC control pulses a triangular waveform (¶ 0052).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, an AC control pulses have a triangular waveform in the device of El-Hinnawy and Chen as taught by Azizoglu since it is very well known in the art to have and AC control that can be a sawtooth wave-form, square wave-form or triangular wave-form.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mounir S Amer whose telephone number is (571)270-3683. The examiner can normally be reached Monday-Friday 9:00-5:30.
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/Mounir S Amer/Primary Examiner, Art Unit 2818
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