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 .
Specification
The abstract of the disclosure is objected to because the abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
Claim Objections
Claims 10 – 20 are objected to because of the following informalities: in line 8 of claim 10, “envelop” should be replaced with –envelope--. Dependent claims 11 – 20 inherit this informality. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, and 6 – 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 10 of U.S. Patent No. 12,281,125. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent recite each limitation of the claims as shown below.
18/537,665
12,381,125
1. An electronic device including a structural thermal interface pad disposed between two opposing elements of the electronic device, said structural thermal interface pad, comprising:A structural sheet and a filling material;wherein the structural sheet with a top surface and a bottom surface includes a first structure and a second structure, the first structure is an array of small holes completely passing through the structural sheet from its top surface to its bottom surface, and the second structure is an array of convex and/or concave bowls on the top surface and/or on the bottom surface of the structural sheet; and wherein the filling material fills in a space of the structural sheet, covering at least a portion of the top surface and a portion of the bottom surface of the structural sheet.
3. The electronic device of claim 1, wherein the structural sheet further includes a positioning rim along its peripheral edge.
1. A screen window liquid metal pad disposed between two opposing elements of an electronic device so as to provide a thermal pathway for an efficient heat transfer from one element of the two opposing elements to the other element of the two opposing elements, wherein said screen window liquid metal pad comprises of: A screen window with a structure sheet and a liquid metal based filling material; wherein the structural sheet with a top surface and a bottom surface includes a first structure and a second structure, the first structure is an array of small holes completely passing through the structural sheet from its top surface to its bottom surface, and the second structure is an array of convex and/or concave bowls on the top surface and/or on the bottom surface of the structural sheet; wherein the screen window further includes a frame with a window, the frame includes a top piece and a bottom piece, a peripheral portion of the structure sheet is located between the top piece and the bottom piece, and its remaining portion forms a window screen, which covers the window of the frame; and wherein the liquid metal based filling material fills in and covers at least a middle portion of the window screen.
6. The electronic device of claim 1, wherein the two opposing elements are a flip chip and a lid of a lidded flip chip package.
10. The screen window liquid metal pad of claim 1, wherein the two opposing elements are a lid and a flip chip package which includes a flip chip mounted on a substrate, the screen window liquid metal pad is placed between the lid and the flip chip package such that its window screen covers the flip chip and its frame forms a seal surrounding the flip chip and between the lid and the substrate.
7. The electronic device of claim 1, wherein the two opposing elements are a flip chip of a flip chip package and a heatsink or a lid of a lidded flip chip package and a heatsink.
9. The screen window liquid metal pad of claim 1, wherein the two opposing elements are a heatsink and a flip chip package which includes a flip chip mounted on a substrate, the screen window liquid metal pad is placed between the heatsink and the flip chip package such that its window screen covers the flip chip and its frame forms a seal surrounding the flip chip and between the heatsink and the substrate.
8. The electronic device of claim 1, wherein the filling material is a liquid metal, including gallium and gallium alloys.
9. The electronic device of claim 1, wherein the filling material is a thermally- conductive paste or mud.
2. The screen window liquid metal pad of claim 1, wherein the liquid metal based filling material includes a pure gallium, a gallium alloy or a gallium based paste filled with thermally conductive particles.
Allowable Subject Matter
Claims 2, 4, and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record does not teach or reasonably suggest an electronic device as recited in claim 10, “wherein the structural pillow with a top surface and a bottom surface includes an upper sheet, a lower sheet and a middle sheet, each sheet has a top surface and a bottom surface, the upper and lower sheets form an envelop[e], enclosing the middle sheet inside.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 7,709,951 to Brodsky et al. teach an electronic device including a structural thermal interface comprising a structural pillow and filling material. Brodsky et al. do not teach a structural sheet with an array of small holes, and an array of convex or concave bowls. Brodsky et al. do not teach that the structural pillow has a top surface and a bottom surface and includes an upper sheet, a lower sheet and a middle sheet, enclosing the middle sheet inside.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS W OWENS whose telephone number is (571)272-1662. The examiner can normally be reached M-F 5:30-1:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chad Dicke can be reached at 571-270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS W. OWENS, Esq.
Primary Patent Examiner
Art Unit 2897
/DOUGLAS W OWENS/Primary Patent Examiner, Art Unit 2897