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 .
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Any rejections and/or objections made in the previous Office action and not repeated below are hereby withdrawn.
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).
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, 3-7, 9, and 10 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.
Claim 1 has been amended to recite alternatives where reshaped and softened fiber-reinforced thermosetting composite is infused with glass fiber wrapping or other fibers to form a material having an interpenetrated polymer network. Written support is only found for an interpenetrated polymer network being formed after infusion of virgin thermosetting resin. Therefore, claim 1 fails to comply with the written description requirement.
As claims 3-7, 9, and 10 depend from claim 1, they are rejected for the same issue discussed above.
Claim 5 has been amended to recite that the virgin thermosetting resin comprises polyurethane. Written support is only found for where the virgin thermosetting resin is polyurethane; not the broader “comprises”. Accordingly, claim 5 fails to comply with the written description requirement.
Claim 6 has been amended to include temperatures of 20-400 degrees C and pressures of greater than atmospheric pressure to 3000 psi associated with a pre-softening step. However, the ranges at issue are only described with respect to partial solvolysis. As written support for the particular temperatures/pressures for the “pre-softening step” is not found, claim 6 fails to comply with the written description requirement.
Claim 6 is 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 1 requires a process step of infusing reshaped and softened fiber-reinforced thermosetting composite with virgin thermoset resin to form a material having an interpenetrated polymer network. Claim 6 requires a “pre-softening step” of heating/pressurizing to graft/synthesize via polymerizing two immiscible polymers to manufacture “cross-linking polymer systems for forming the interpenetrated polymer network”. There is a disconnect between the claims since claim 1 requires that virgin thermoset resin be used to form the interpenetrated polymer network whereas claim 6 seemingly indicates the interpenetrated polymer network is formed even before infusing. Accordingly, the intended scope of the claim is generally unclear.
Further with respect to claim 6, claim 6 requires polymerizing two immiscible polymers to manufacture an interpenetrated polymer network, but an interpenetrated polymer network is defined as such that the crosslinked polymers are interlaced and not covalently bonded with another (Page 20 of the specification). The scope of the claim is therefore unclear since it seemingly requires the two crosslinked polymer systems be covalently bonded to one another, but not covalently bonded to one another.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
To the extent “the interpenetrated polymer network” of claim 6 is referring to that of claim 1, claim 1 explicitly requires the network to be formed via infusion of virgin thermosetting resin whereas claim 6 requires the network to be formed in an earlier step. Therefore, claim 6 fails to include all of the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
It is suggested the wording “or glass fiber wrapping or other fibers” be removed from claim 1.
It is suggested “comprises” be changed to “is” in claim 5.
It is suggested claim 6 be cancelled.
Response to Arguments
Applicant's arguments filed 6/12/2026 have been fully considered but they are not persuasive.
Although Applicant’s arguments have been considered, it does not appear the arguments apply toward the new grounds of rejection set forth 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 STEPHEN E RIETH whose telephone number is (571)272-6274. The examiner can normally be reached Monday - Friday, 8AM-4PM Mountain Standard Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at (571)272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN E RIETH/Primary Examiner, Art Unit 1759
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