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 .
Election/Restrictions
Applicant's election of Group I in the reply filed on 6/25/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Specification
The disclosure is objected to because of the following informalities: please update the priority statement at the beginning of the Specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 30, 31 and 43-45 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 31 recites the limitation "polyimide" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the polyimide".
Claim 30 recites the limitation "resorcinol formaldehyde" in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the resorcinol formaldehyde".
Claim 43 recites the limitation "wherein the aerogel has a thickness of 0.5 mm to 5 mm" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "wherein the thickness is 0.5 mm to 5 mm".
Claim 44 recites the limitation "wherein the aerogel has a thickness of 0.5 mm to 2 mm" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "wherein the thickness is 0.5 mm to 2 mm".
Claim 45 recites the limitation "the aerogel site" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider earlier stating "aerogel site". Furthermore, it is unclear what "aerogel site" means.
Clarification and/or correction required.
Claim Rejections - 35 USC § 103
Claims 27-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ratke (US 2003/0212152) in view of Ratke (DE 102012218548), Evans et al. (US 2016/0096949) and Evans et al. (US 2014/0044929).
Regarding Claim 27, Ratke (‘152) teaches a fiber-reinforced aerogel comprising a porous organic polymer matrix and fibers comprised in the porous organic polymer matrix (See paras. 13, 15, 20-23, 26-27, 34 and 39, resorcinol-formaldehyde.), however, fails to expressly disclose the various physical and chemical properties of the aerogel.
Ratke (‘548) teaches an aerogel product including resorcinol-formaldehyde similar to that taught by Ratke (‘152) wherein the aerogel pore size can be up to 10,000 nm (10 µm) (See para. 13, 15, 20-23, 26-27, 34 and 39.).
Evans (‘949) teaches a flexible aerogel composition that can be molded and can have a thickness of 5 mm or less (See paras. 24, 25 and 79.).
Evans (‘929) teaches a fiber-reinforced aerogel that is capable of being rolled (See Abs., paras. 3, 24, 32, 43 and FIG-1.).
It would have been foreseeable and obvious to a person having ordinary skill in the art prior to the earliest effective filing date with Ratke (‘152), Ratke (‘548), Evans (‘949) and Evans (‘929) before them that these combined teachings would provide a product that has the same properties as claimed and the composition and end use are the same or similar in order to provide a strong product that can function as intended.
Regarding Claim 29, Ratke (‘152) teaches wherein the porous organic polymer matrix comprises resorcinol formaldehyde (See para. 12.).
Regarding Claim 30, Ratke (‘152) teaches wherein the porous organic polymer matrix comprises resorcinol formaldehyde (See para. 12.).
Regarding Claims 41-46, Ratke (‘152) teaches the aerogel discussed above, however, fails to expressly disclose the various properties.
It would have been foreseeable and obvious to a person having ordinary skill in the art prior to the earliest effective filing date with Ratke (‘152), Ratke (‘548), Evans (‘949) and Evans (‘929) before them that these combined teachings would provide a product that has the same properties as claimed and the composition and end use are the same or similar in order to provide a strong product that can function as intended.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Le can be reached at 571-272-0903. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT T O'HERN/ Primary Examiner, Art Unit 1793
June 26, 2026
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