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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/28/25 has been entered.
Newly submitted claims 11-17 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: unlike claim 1 that limits the quantity of thermoplastic elastomer to being in a molten phase, the quantity of thermoplastic elastomer of claim 11 is not limited to being a molten phase. In fact, new dependent claim 12 further limits the quantity of thermoplastic elastomer as being a sheet.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 11-17 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claims 1-4 and 8-9 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 step of transitioning (cl 1:9) is indefinite because it is unclear whether the TPE material is related to the TPE material mixed with the quantity of auxetic material in a mold (step of mixing, cl 1:6-8). If the TPE material of the step of transitioning and the TPE material mixed with the quantity of auxetic material are the same, it should be clearly and positively recited as such.
Correction is required.
Claims 1-4 and 8-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
It should be noted that withdrawn claims 11-17 must be canceled before the instant application can be allowed.
The following is an examiner’s statement of reasons for allowance: the prior art of record including the closest prior art WO2007135447 neither teaches nor renders obvious every claimed limitation including a method for preparing an enhanced auxetic composite material (EACM) comprising the steps of: providing a quantity of auxetic material; providing a quantity of thermoplastic elastomer (TPE) material in a molten phase, wherein the quantity of TPE material comprises thermoplastic rubber (TPR); mixing the quantity of auxetic material and the quantity of TPE material together in a mold having a predetermined shape, wherein the quantity of auxetic material comprises a continuous unitary sheet of auxetic material; and transitioning the TPE material of the mixture to a solid phase to form the EACM.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Applicant’s arguments with respect to claim(s) 1-4 and 8-9 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao (Sam) Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744