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 .
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 1-20 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.
Claims 1 and 11 use the transitional phrase “consisting of” and then later in the claim the apparatus is further defined as “further comprising…” additional elements. This switch between preambles within the same claim to define the curved innervated tubular composite suggests the claimed device is either only the elements recited or the elements recited and permissibly others, making the scope of the claim indefinite.
In addition, Claims 2-7 and 12-18 impermissibly add additional structure to the closed transition phrase claimed apparatus of claims 1 and 11. The recitation of a closed preamble in claim 1 and 11 does not allow additional elements to be added in the dependent claims to the apparatus (See MPEP section 2111.03(II) In re Gray, 53 F.2d 520, 11 USPQ 255 (CCPA 1931); Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Those references cited in related application 17/743,142 are considered the most relevant to applicant’s claimed apparatus. USPNs 2021/0299977, 2021/0221075 and 2018/0257321 disclose curved mandrels used to create pressure vessels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 pm CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached at: Craig M Schneider (571) 272-3607 and Ken Rinehart (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R DEAL/Primary Examiner
Art Unit 3753
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