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 .
This action is in response to amendment filed 5/21/2026. Currently, 1-9, 12, 15-20, 22, 26-29-31 and 33 of the claims have been canceled and claims 10-11, 13-14, 21, 23-25, 27-28, 32 and 34-38 are pending.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10-11, 13-14, 21, 23, 25, 27-28, 32 and 34-38 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by US Patent No.: 10,461,015.
The applied reference has a common applicant and inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claims 10-11, 13-14, 21, 23, 25, 27-28, 32 and 34-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cola et al. (US Patent No.: 10,461,015 hereinafter “Cola”).
With respect to claim 10, Cola discloses a multilayered or multitiered structure (Fig. 2) comprising: at least a first layer or tier comprising a carbon nanotube array or sheet (Fig. 2 a and b are the same as applicants), and at least a second layer or tier comprising a carbon nanotube array or sheet (Fig. 2 a and b are the same as applicants), wherein the carbon nanotubes of the array or sheet of the first layer or tier at least partially interdigitate the carbon nanotubes of the array or sheet of the second layer or tier and are bonded by an adhesive or phase change material to form the multilayered or multitiered structure (Fig. 2 a and b are the same as applicants. Col. 3, lines 52-Col. 4, line 2); wherein the multilayered or multitiered structure is a thermal interface material (TIM)(Col. 4).
With respect to claim 11, Cola discloses the structure of claim 10 as discussed above. Cola also discloses further comprising a coating material on at least some interstitial space present between the carbon nanotubes, the surfaces of the carbon nanotubes, or both of the first and second layer or tier forming the multilayered or multitiered structure (Col. 6, lines 23-28 and Col. 8).
With respect to claim 13, Cola discloses the structure of claim 11 as discussed above. Cola also discloses wherein the at least some interstitial space between the carbon nanotubes, the surfaces of the carbon nanotubes, or both of the first and second layer or tier forming the multilayered or multitiered structure is infiltrated with the coating material which is solidified within the carbon nanotube arrays (Col. 8).
With respect to claim 14, Cola discloses the structure of claim 11 as discussed above. Cola also discloses the intended use limitation of the coating material reduces resistance to energy transport between adjacent carbon nanotubes of the carbon nanotube array or sheets present between the at least first and second layers or tiers (Col. 8, line 53-58).
With respect to claim 21, Cola discloses the structure of claim 11 as discussed above. Cola also discloses wherein the adhesive is an acrylate adhesive (Col. 8, lines 22-28).
With respect to claim 32, Cola discloses a device comprising a multilayered or multitiered structure (Figs. 2a and 2b) comprising at least a first layer or tier comprising a carbon nanotube array or sheet (Figs. 2a and 2b), and at least a second layer comprising a carbon nanotube array or sheet (Figs. 2a and 2b are the same figures at the current application),wherein the at least first layer or tier and the at least a second layer or tier are independent layers or tiers that are stacked atop each other (Figs. 2a and 2b are the same figures at the current application) wherein the carbon nanotubes of the array or sheet of the first layer or tier at least partially interdigitate the carbon nanotubes of the array or sheet of the second layer or tier and are bonded by an adhesive or phase change material to form the multilayered or multitiered structure Col. 3, lines 52-Col. 4, line 2), and wherein the multilayered or multitiered structure comprises a coating material present in at least some of the interstitial space between the carbon nanotubes, on the surfaces of the carbon nanotubes, or both, of the at least first and second layers or tiers of the multilayered or multitiered structure (Col. 8); wherein the multilayered or multitiered structure is a thermal interface material (TIM) )(Col. 4).
With respect to claims 23 and 34-35, Cola discloses the structure of claims 10 and 32 as discussed above. Cola also discloses wherein the phase-change material comprises a wax (as per claims 23 and 35)(Col. 8, lines 14-21) wherein the adhesive is an acrylate adhesive (as per claim 34) (Col. 8, lines 14-21 and Col. 10, lines 4-7).
With respect to claims 36-38, Cola discloses the structure of claim 32 as discussed above. Cola also discloses wherein the multilayered or multitiered structure further comprises a dielectric layer present within the multilayered or multitiered structure (as per claim 36) wherein the dielectric layer is a ceramic insulating material (as per claim 37-38)(Col. 22, lines 23-25).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Cola et al. (US Patent No.: 10,461,015 hereinafter “Cola”) in view of Chung (US Patent No.: 6,399,175).
With respect to claim 24, Cola discloses the structure of claim 21 as discussed above. Inoue is silent to the thermal interface material has an adhesion strength of up to about 1,000 psi.
Chung teaches a thermos plastic adhesive that has an adhesion strength of up to 1,000 psi (Col. 22, lines 20-23). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the coating material in the thermal interface material of Inoue to be a thermoplastic with an adhesion strength of up to 1,000 psi as taught by Chung to have a desired material properties and a more rigid structure (Col. 22, lines 15-23).
Response to Arguments
Applicant’s arguments with respect to claims 10 and 32 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763
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