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.
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 27 is 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.
The application was filed on 03/06/2023 as a CON of 16/843025. After the filing date of the application applicant presented a preliminary amendment on 03/07/2023 which cancelled claims 1-20 and added new claims 21-40. As new claims 21-40 were not present in an amendment at the time of filing they are not part of the original disclosure of the application. See MPEP 608.04(b). Claims 21 and 27 specifically do not have written description support in the specification as originally filed. Claims 21/27 set forth that the tow material in the core portion of the core/shell filament has a volume percent from about 50/55-70 and the thermoplastic material of the core portion ranges from about 25/30-45 volume percent. Applicant’s specification provides written description support for the filament overall having tow material ranging from 55-70 and thermoplastic material ranging from 30-45 (¶ 0079 of the specification as filed), but it makes clear that this is the filament overall and not specifically the core portion only. Applicant’s specification at ¶ 0077 discusses that the volume percent of thermoplastic in the core/shell embodiments includes the thermoplastic fibers or strands as well as the shell.
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 21-24 and 26-29 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.
Claim 21 recites the limitation "the molten thermoplastic material" in Line 12. There is insufficient antecedent basis for this limitation in the claim, since there is a recitation of “the thermoplastic material” in Line 9 and “a thermoplastic material in Line 11.” For the purposes of examination, the Line 12 instance will be presumes to reference the Line 11 recitation, and Line 9 (as well as Claim 27 and any other Claim facing the same issue), will be understood to read, and should be amended to read --the thermoplastic fibers-- to more clearly delineate between the thermoplastic items recited in the claim.
Allowable Subject Matter
No prior art was found to apply to Claims 21-24 and 26-40 and thus may be allowable for the reasons given in the withdrawn July 9, 2025 Notice of Allowance, depending on how the new matter rejection is resolved.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant’s arguments with respect to Claims 21-24 and 26-40 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN M OCHYLSKI whose telephone number is (571)270-7009. The examiner can normally be reached Monday-Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN M OCHYLSKI/Primary Examiner, Art Unit 1743
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