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 .
Amendments to claims 1, 11, and 25 and the addition of claims 26-28, in the response filed December 29, 2025, have been entered.
Claims 1, 3-5, 7, 10-11, 13-15, 17, and 20-28 are currently pending in the above identified applications.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-5, 7, 10-11, 13-15, 17, and 20-28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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[AltContent: connector]Specifically, there is no support for the limitation “wherein the fibers in the plurality of fibers are non-overlapping with each other.” There is no explicit support in the originally field disclosure for this limitation. There is no mention of overlapping or non-overlapping fibers in the originally filed disclosure. In the Remarks filed December 29, 2025, Applicant points to pages 11-12 and Fig. 6A to support the fibers being non-overlapping. This portion does not provide explicit support for the non-overlapping fibers. The portion does support the fibers in the plurality of fibers being randomly oriented and distributed in the polymer mixture. The portion also discusses Fig. 6A, which is described as “the internal layer 504 from a top-down view.” Fig. 6A is drawing is a simplified illustration and a representation of the invention. The Fig. 6A is also a two-dimensional representation and does not show the entirety of the composite laminate. The fiber orientation also seem to favor the 604 axis direction. The singular, two-dimensional drawing does not support the fibers in the plurality of fiber being non-overlapping with each other, which implies in all planes and locations within the composite laminate, not a singular cross section. For example, if taken along the dotted line shown below, the fibers would contain points of overlapping in the view.
Therefore, the claim amendment introduces new matter. It is also unclear if the strength properties in claims 27 and 28 would be present in the composite laminate if the fibers of the plurality of fibers are non-overlapping. To overcome this rejection, applicant may attempt to demonstrate that the original disclosure establishes that he or she was in possession of the amended claim or remove this limitation.
Response to Arguments
Applicant's arguments filed December 29, 2025 have been fully considered but are moot based upon the new grounds of rejection. The amendments to the claims overcomes the prior art rejections contained in December 29, 2025, however, introduces a new matter issue as discussed above.
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 JENNIFER ANN GILLETT whose telephone number is (571)270-0556. The examiner can normally be reached 7 AM- 4:30 PM EST M-H.
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, Marla McConnell can be reached on 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A GILLETT/Examiner, Art Unit 1789
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