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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/16/26 has been entered.
Status of Claims
Applicant’s amendments dated 9/16/26 have been entered. Claims 1, 3, 13, 14, 19, 20 and 25 have been amended. Claims 9-11 and 21-23 were previously cancelled. No claims have been newly added.
This leaves claims 1-8, 12-20, and 24-26 currently active and pending.
The rejection below has been amended to reflect the amendments to the claims.
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 1-8, 12-20, and 24-26 and 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.
Regarding Claim 1, which has been amended to recite in part that “each fiber bundle of the plurality of fiber bundles comprises a width that is significantly larger than its height.”
Applicant argues that there is support for this within Figure 1b of the instant Application.
The Examiner respectfully disagrees and notes that Applicant’s items 115b are at least yarns or bundles of fibers. That is, there is not support for each fiber bundle having a width greater than its height as the cited location of support shows groups of fiber bundles, not individual fiber bundles. Further, there is no support for the ‘width significantly greater than its height,’ language as ‘significantly’ is never applied to width or thickness of individual bundles of fibers. ‘Width’ also does not appear in this context, and ‘height’ does not appear at all.
Therefore, this entire clause constitutes new matter for at least the reasons above.
Claims 2-8 and 12-18 are rejected for their dependency from claim 1.
Regarding claim 19, which has been amended to recite in part that “each fiber bundle of the plurality of fiber bundles comprises a width that is significantly larger than its height.”
Applicant argues that there is support for this within Figure 1b of the instant Application.
The Examiner respectfully disagrees and notes that Applicant’s items 115b are at least yarns or bundles of fibers. That is, there is not support for each fiber bundle having a width greater than its height as the cited location of support shows groups of fiber bundles, not individual fiber bundles. Further, there is no support for the ‘width significantly greater than its height,’ language as ‘significantly’ is never applied to width or thickness of individual bundles of fibers. ‘Width’ also does not appear in this context, and ‘height’ does not appear at all.
Therefore, this entire clause constitutes new matter for at least the reasons above.
Claims 24 and 25 are rejected for their dependency from claim 19.
Regarding claim 20, which has been amended to recite in part that “each fiber bundle of the plurality of fiber bundles comprises a width that is significantly larger than its height.”
Applicant argues that there is support for this within Figure 1b of the instant Application.
The Examiner respectfully disagrees and notes that Applicant’s items 115b are at least yarns or bundles of fibers. That is, there is not support for each fiber bundle having a width greater than its height as the cited location of support shows groups of fiber bundles, not individual fiber bundles. Further, there is no support for the ‘width significantly greater than its height,’ language as ‘significantly’ is never applied to width or thickness of individual bundles of fibers. ‘Width’ also does not appear in this context, and ‘height’ does not appear at all.
Therefore, this entire clause constitutes new matter for at least the reasons above.
Claim 26 is rejected for its dependency from claim 20.
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 1-8, 12-20, and 24-26 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 term “significantly larger than its height” in claims 1, 19, and 20 is a relative term which renders the claim indefinite. The term “significantly larger than its height” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, any group of fibers that is arranged to be wider than tall (such as a fabric) will be considered to meet the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA B FIGG whose telephone number is (571)272-9882. The examiner can normally be reached M-Th 9a-6p Mountain.
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/LAURA B FIGG/Examiner, Art Unit 1781 9/26/26
