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 § 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.
Claims 1, 3-5, 7, 10-17, and 19-24 are rejected under 35 U.S.C. 112(a) 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, at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to recite the limitations “the fines interface layer comprises a pulp mat” and “wherein the fines interface layer is integrated into one or both of said top layer and said fines layer, and does not independently survive the pressing process.” These limitations are not supported in the originally filed disclosure, which makes no mention of integration of the fines interface layer with an adjacent layer(s) and is also silent regarding a fines interface layer which does not independently survive the pressing process. Applicant points to pages 2-3 and 5-6 of the instant specification to support these limitations, however the closest recitations to the instantly claimed invention describe only “change in form or configuration of the FIL material (e.g. melting or flowing)” and then provide an example in which “the FIL material may comprise glass or glass-like material, including, but not limited to, binding material that partially or fully melts, flows, and/or bonds (adheres) during the pressing process.” Nowhere does the originally filed disclosure describe integration with an adjacent layer or whether or not the FIL independently survives the pressing process. At best, the specification describes a FIL comprising a material which fully melts during pressing. At least a portion of such a layer could remain in place such that the layer maintains a discrete position in the resulting laminate and therefore independently survives the pressing process. Examiner also notes that there is no discussion of such a feature pertaining to pulp mat layers as claimed because many other materials are discussed in the instantly filed disclosure which are more clearly able to melt and flow such as adhesives, resins, and glass materials.
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 CARSON GROSS whose telephone number is (571)270-7657. The examiner can normally be reached Monday-Friday 9am-5pm Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at (571)270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARSON GROSS/Primary Examiner, Art Unit 1746
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