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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 14-22, in the reply filed on 7/22/2026 is acknowledged. Claims 1-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. As Applicant did not traverse the restriction requirement, it is hereby deemed proper and made FINAL.
Claim Objections
Claims 16 and 21 are objected to because of the following informalities: the claims recite “W/mK” which should be “W/m·K” as the former could be construed as millikelvin. Appropriate corrections are required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 14 and 20 recite: “”reducing the spreading of material(s)…along a surface”. This limitation is indefinite as it does not describe what surface has its material spread reduced. Is it a surface of the uncured portion? A surface of the cured portion? A surface of the composite? Some other surface? For purposes of examination, any of these will be considered.
Claims 14 and 20 recite “providing adhesion with the surface that inhibits sliding of the composite along the surface”. There is a lack of antecedent basis for the limitation “the surface that inhibits sliding”.
Claims 14 and 20 recite “better than the adhesion of the uncured interior portion of the composite with the surface”. This limitation is indefinite. It is unclear whether the claim requires the uncured interior portion to adhere to the surface or whether the comparison is with a theoretical adhesion between the uncured interior portion with the surface. For purposes of examination, both will be considered presumed.
Claims 17 and 21-22 recite “the cured exterior portion has a same formulation as a remainder…” This limitation is indefinite. Claims 17 and 21 already require that the cured exterior portion is “cured, oxidized, and/or hardened”. This necessitates a different formulation from the uncured interior portion. The claims are therefore inconsistent. For purposes of examination, it will be presumed that the cured exterior portion derives from the formulation of the remainder instead of being the same.
Dependent claims not addressed are indefinite by virtue of dependence from an indefinite claim.
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.
(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.
Claims 14-22 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bunyan et al. (US 2012/0133072).
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Regarding claims 14-15 and 19, Bunyan discloses a layer 34 (corresponding to the claimed composite) which comprises a outer layer or skin 36 that is cured (corresponding to the claimed cured exterior portion) (¶ 46, see Fig. 2). The interior of this layer thus corresponds to the claimed uncured interior portion. This skin mitigates migration of layer 34 from between the opposing surfaces 16 and 30 (¶ 46). It is presumed, absent objective evidence to the contrary, that the cured portion provides superior adhesion than the uncured portion since curing a resin locks it in place. See MPEP 2112. In addition, it is presumed that the uncured portion in Bunyan prevents passing of oxygen through the barrier because the composition of the layer in Bunyan is similar to that claimed and is expected to exhibit similar characteristics, absent objective evidence to the contrary. See MPEP 2112. Bunyan teaches the composition of the layer includes a gel butadiene, where gel refers to a fluid (¶ 33). Accordingly, it is liquid.
Regarding claim 16, Bunyan teaches a filler constitutes 20%-90% of the composition to impart a thermal conductivity of at least about 0.5 W/m·K (¶ 21), with the remainder being the gel component. The filler includes metals such as aluminum and ceramics thereof (¶ 39). This overlaps the claimed ranges, creating a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding claim 17, Bunyan discloses the composition of layer 34 can be considered a thermal phase change material (¶ 32). The layer has two surfaces 16, 30, and the skin 36 extends along a perimeter of layer 34 between the two surfaces. The skin is formed from curing the composition of layer 34 and therefore necessarily derives from its formulation, absent objective evidence to the contrary. See MPEP 2112.
Regarding claim 18, Bunyan teaches the layer may be applied between various devices such as a heat sink or heat spreader (¶ 15) or heat dissipation members such as a device chassis (¶ 6). Bunyan teaches the heat sinks are for integrated circuits (¶ 5).
Regarding claims 20-22, Bunyan discloses a dispensable (¶ 18) which is layer 34 (corresponding to the claimed composite) which comprises a outer layer or skin 36 that is cured (corresponding to the claimed cured exterior portion) (¶ 46, see Fig. 2). The interior of this layer thus corresponds to the claimed uncured interior portion. This skin mitigates migration of layer 34 from between the opposing surfaces 16 and 30 (¶ 46). It is presumed, absent objective evidence to the contrary, that the cured portion provides superior adhesion than the uncured portion since curing a resin locks it in place. See MPEP 2112. In addition, it is presumed that the uncured portion in Bunyan prevents passing of oxygen through the barrier because the composition of the layer in Bunyan is similar to that claimed and is expected to exhibit similar characteristics, absent objective evidence to the contrary. See MPEP 2112. Bunyan teaches the composition of the layer includes a gel butadiene, where gel refers to a fluid (¶ 33). Accordingly, it is liquid.
Bunyan further teaches a filler constitutes 20%-90% of the composition to impart a thermal conductivity of at least about 0.5 W/m·K (¶ 21), with the remainder being the gel component. The filler includes metals such as aluminum and ceramics thereof (¶ 39). This overlaps the claimed ranges, creating a prima facie case of obviousness. See MPEP 2144.05 I. Bunyan discloses the composition of layer 34 can be considered a thermal phase change material (¶ 32). The layer has two surfaces 16, 30, and the skin 36 extends along a perimeter of layer 34 between the two surfaces. The skin is formed from curing the composition of layer 34 and therefore necessarily derives from its formulation, absent objective evidence to the contrary. See MPEP 2112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ellinger (US 2010/0068514) and Sumita (US 2016/0040048) disclose dispensables comprising butadiene but do not teach or suggest the claimed cured exterior and uncured interior portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOBEI WANG whose telephone number is (571)270-5705. The examiner can normally be reached M-F 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at 571-272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XIAOBEI WANG/Primary Examiner, Art Unit 1784
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