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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/10/2025 has been entered.
Response to Amendment
Applicant filed a response, amended claims 4, 6, 8-9, and 13; and added new claims 17-22 on 09/10/2025.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“means of negative pressure” in claim 4 and 14;
“means of adhesion” in claim 4 and 14;
“means for introducing continuous fibres or long fibres into the plurality of flow channels” in claim 17 and 20;
“means for providing a pressure gradient in the plurality of flow channels for positioning and orienting the continuous fibres or long fibres in the plurality of flow channels” in claim 17 and 20;
“means for sheathing the continuous fibres of long fibres with a matrix” in claim 18 and 21; and
“means for providing a fluid stream for positioning the continuous fibres or long fibres are positioned in the plurality of flow channels” in claim 19 and 22.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Upon further consideration, “a sheathing station” in claim 4 is not being interpreted under 35 U.S.C. 112(f) because “station” is not a generic placeholder and one of ordinary skill in the art would have understood “sheathing station” to have a clear structure as a location in which sheathing occurs.
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.
Claim 4, 6, 8-9, 13, and 15-22 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.
As discussed above, the following claim limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
“means of negative pressure” in claim 4 and 14;
“means of adhesion” in claim 4 and 14;
“means for introducing continuous fibres or long fibres into the plurality of flow channels” in claim 17 and 20;
“means for providing a pressure gradient in the plurality of flow channels for positioning and orienting the continuous fibres or long fibres in the plurality of flow channels” in claim 17 and 20;
“means for sheathing the continuous fibres of long fibres with a matrix” in claim 18 and 21; and
“means for providing a fluid stream for positioning the continuous fibres or long fibres are positioned in the plurality of flow channels” in claim 19 and 22.
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Accordingly, the claims contain 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 Rejections - 35 USC § 112
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.
Claim 4, 6, 8-9, 13, and 15-22 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.
The following claim limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
“means of negative pressure” in claim 4 and 14;
“means of adhesion” in claim 4 and 14;
“means for introducing continuous fibres or long fibres into the plurality of flow channels” in claim 17 and 20;
“means for providing a pressure gradient in the plurality of flow channels for positioning and orienting the continuous fibres or long fibres in the plurality of flow channels” in claim 17 and 20;
“means for sheathing the continuous fibres of long fibres with a matrix” in claim 18 and 21; and
“means for providing a fluid stream for positioning the continuous fibres or long fibres are positioned in the plurality of flow channels” in claim 19 and 22.
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claims are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Additionally, claim 4 and 13 recite “a plurality of flow channels inserted into the mold” and “wherein the mold has two tool halves, with the plurality of flow channels being formed by both tool halves”.
It is unclear if how a plurality of flow channels are both inserted into a mold and formed by the mold. For examination purposes, the claims will be interpreted to require a plurality of flow channels that are inserted into a mold or formed by the mold.
Claim 4 recites “wherein at least one fluid nozzle is allocated to each flow channel, the at least one fluid nozzle having a fibre reservoir for continuous fibres or long fibres”.
It is unclear if the claim limitation is a structural limitation requiring at least one fluid nozzle allocated to each flow channel or a functional limitation requiring the functionality of each flow channel being coupled to fluid nozzle.
For examination purposes, the limitations will be interpreted as a structural limitation requiring at least one fluid nozzle allocated to each flow channel, the at least one fluid nozzle having a fibre reservoir for continuous fibres or long fibres.
Allowable Subject Matter
No art rejection has been presented. However, due to the nature of the 112(a) and 112(b) issues presented in the claims, a statement regarding the allowability of the claims cannot be made at this time until after the issues above are addressed.
Related art include: Beckman (US 5,783,013) teaches an apparatus for impregnating fiber reinforcement using an impregnation die comprising two halves that come together to form a plurality of channels for transporting the fiber, wherein the channels are coupled to a resin supply apparatus (Figures 1-3 and Col 4, ln 6-50).
Koppernaes (US 5,073,413) teaches an apparatus for forming fiber reinforcement with resin matrix material, the apparatus including a pultrusion die (Figures 3-5 and Col7, ln 10-55).
Kashikar (PG-PUB 2013/0193623) teaches an apparatus for pultruding fiber reinforcement for manufacturing resin-impregnated reinforcement material (Figures 51-53), the apparatus comprising an inner die for transporting filaments [0125], channels for injecting resin material [0126], and an outer die for spreading the matrix material [0126]. Kashikar teaches a pair of passageways for filaments placed in parallel to eachother (Figures 24-36 and [0120]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANA C PAGE whose telephone number is (571)272-1578. The examiner can normally be reached M-F, 9:00-5:30.
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HANA C. PAGE
Examiner
Art Unit 1745
/HANA C PAGE/ Examiner, Art Unit 1745