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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II, Species A, in the reply filed on 11/25/25 is acknowledged. Claims 1, 2, 4-6, 18, 21-24 and 42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Groups (Groups I and III). The applicant identified claims 29-33, 37, 38 and 40 and 41 as being drawn to the elected species. Respectfully, this is incorrect. Claims 37-38 require the casting to have an interior volume within which the expandable medium is disposed. Thus, claims 37-38 are directed to species B and withdrawn from consideration without traverse.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 40-41 are 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. Claims 40-41 depend on cancelled claim 39. As such, claims 40-41 do not further limit, nor contain, all 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.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 29-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2021/0001519).
As to claim 29, Wang discloses a method comprising: enclosing at least a portion of a composite structure (lowermost layers of composite workpiece 205 - e.g. 195b/195c in fig 7, see figs 7, 11-14, para 65-85) in a casting (uppermost layer of composite workpiece 205 – 195a in fig 7) ; expanding an expandable medium (232/264, figs 9, 12-16, para 125-140) to apply positive pressure (step 308, fig 26, para 122, 132) to the composite structure; and curing (step 310, fig 26) the composite structure (figs 7, 9-16, 26, para 11-14, 65-85, 125-140).
As to claim 30, Wang discloses enclosing at least the portion of the composite structure in the casting comprises: applying a casting material (fig 7, para 64-69) ; and hardening the casting material when a predetermined change is produced in an attribute of the casting material (para 67, 148, fig 26).
As to claim 31, Wang discloses enclosing at least the portion of the composite structure and the casting in a constraining container 220/230 (fig 10, 11); and disposing the expandable medium within an interior volume of the constraining container (figs 10-12, 26, para 73-81).
As to claim 32, Wang discloses changing an attribute of the expandable medium to expand the expandable medium to a predetermine volume (para 141-142, 150); and applying the positive pressure to the casting and the constraining container (para 150-152).
As to claim 33, Wang discloses selectively varying the interior volume of the constraining container (para 150-153).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER T SCHATZ whose telephone number is (571)272-6038. The examiner can normally be reached Monday through Friday, 9-6.
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/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746