Prosecution Insights
Last updated: October 02, 2026
Application No. 18/545,601

HYBRID THERMAL INTERFACE MATERIAL WITH EMBEDDED METAL LAYER

Final Rejection §102§103
Filed
Dec 19, 2023
Examiner
ENAD, CHRISTINE A
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SanDisk Technologies Inc.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1149 granted / 1361 resolved
+16.4% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
31 currently pending
Career history
1398
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
64.5%
+24.5% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1361 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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. Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jha et al (US Publication No. 2014/0246770). Regarding claim 1, Jha discloses a thermal interface material for an integrated circuit, comprising: a first portion Fig 5, 524; a second portion Fig 5, 522 separate from the first portion and defining a plurality of apertures Fig 5; and a metal portion Fig 5, 520 provided between the first portion and the second portion Fig 5, the metal portion including a plurality of stubs that are received in respective apertures of the plurality of apertures defined by the second portion Fig 5. Regarding claim 2, Jha discloses wherein the metal portion is comprised of a copper foil ¶0035. Regarding claim 3, Jha discloses wherein at least one stub of the plurality of stubs is filled with a copper material¶0035. 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. Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jha et al (US Publication No. 2014/0246770). Regarding claims 4 and 5, Jha discloses wherein the first portion has a first thickness, the second portion has a second thickness that is less than the first thickness Fig 5 and wherein the second thickness is half as thick as the first thickness and the third thickness is half as thick as the second thickness Fig 5. Jha discloses all the limitations but silent on the thickness of the metal portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ (CCPA 1980). Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jha et al (US Publication No. 2014/0246770) in view of Megarity et al (US Publication No. 2013/0301670). Regarding claim 6, Jha discloses all the limitations but silent on the arrangement of the interface material. Whereas Megarity discloses wherein at least a portion of one or more of the plurality of stubs contacts a surface of the integrated circuit when the thermal interface material is coupled to the integrated circuit Fig 10A-10B. Jha and Megarity are analogous art because they are directed to semiconductor devices having TIM and one of ordinary skill in the art would have had a reasonable expectation of success to modify Jha because they are from the same field of endeavor. Therefore it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to modify the arrangement of the TIM and incorporate the teachings of Megarity to improve isolation. Regarding claim 7, Megarity discloses wherein the first portion, the second portion and the metal portion are compressed to form a single unit prior to being placed on a surface of the integrated circuit Fig 10A-11. Allowable Subject Matter Claims 8-20 are allowed over the prior art of record. The following is a statement of reasons for the indication of allowable subject matter: After further search and consideration of Applicant’s response, it is determined that the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach or suggest “the thermal interface material comprising: a first layer; a second layer separate from the first layer, the second layer defining at least one cavity that extends at least partially through the second layer; and a metal layer positioned between the first layer and the second layer, the metal layer including at least one post that extends from the metal layer and is at least partially received in the at least one cavity defined by the second layer”, as recited in independent claim 8; “the thermal interface material comprising: a first layer; a second layer separate from the first layer, the second layer defining at least one cavity that extends at least partially through the second layer; and a metal layer positioned between the first layer and the second layer, the metal layer including at least one post that extends from the metal layer and is at least partially received in the at least one cavity defined by the second layer”, as recited in independent claim 15. Claims 9-14, 16-20 are also allowed as being directly or indirectly dependent of the allowed independent base claims. Response to Arguments Applicants’ arguments filed 5/11/2026 have been fully considered but they are not persuasive. In response to applicants’ argument that the prior art of record does not teach the plurality of apertures, the examiner disagrees and finds the argument unpersuasive. Fig 5 of Jha discloses the above claimed invention. Although Jha also provided alternative embodiments as described in ¶0032, Fig 5 illustration shows plurality of aperture/opening. Therefore, the prior art of record discloses the above claimed limitations. Conclusion THIS ACTION IS MADE FINAL. 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 CHRISTINE A ENAD whose telephone number is (571)270-7891. The examiner can normally be reached Monday-Friday, 7:30 am -4:30 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, Lynne Gurley can be reached at 571 272 1670. 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. /CHRISTINE A ENAD/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §102, §103
Apr 10, 2026
Examiner Interview Summary
Apr 10, 2026
Applicant Interview (Telephonic)
May 11, 2026
Response Filed
Aug 28, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
95%
With Interview (+10.3%)
1y 12m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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