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 .
Specification
The disclosure is objected to because of the following informalities: the status of parent application 19/205,460 should be updated.
Appropriate correction is required.
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 1-20 are 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.
The limitation that “the fiber reinforcement includes a fiber loading of greater than 0.5 phr of fibers” is new matter. The closest disclosure to this limitation is in paragraph [0030] which sets forth a fiber loading of 1.0 to about 20.0 phr. The original disclosure does not provide or teach fiber loadings as low as 0.5 phr. Claim 4 is similarly confusing. Similarly, in claim 5 the phr range of 1.0 to 6.0 is new matter, in claim 12 the phr range of 1.5 to 6.0 is new matter, and in claim 18 the phr range of 1.5 to 20.0 is new matter. The specification at [0038] describes a phr range of 2.5 to 6.0, at [0076] describes a phr range of 1.8 to 5.0, and at [00107] describes a phr range of 1.8 to 6.0. The claimed ranges are not set forth and are therefore new matter.
The limitations setting forth that “at least some of the fibers have a Modulus of at least 0.5 GPa” (claims 1, 8 &15), “between 0.5 GPa and 4.0 GPa” (claims 2, 9 &16), and “between 0.5 GPa and 14.0 GPa” (claims 3, 10 & 17) are new matter.
Claims not specifically mentioned are rejected for their dependence from one of the above claims.
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.
In the last line of each of independent claims 1, 8 and 15 the reference to “a Modulus” is unclear. It is noted that tensile Modulus’s for the “with the grain” and “across the grain” values have been set forth earlier in the claim and it is unclear if this reference to Modulus is a new Modulus value or a reference to one of the earlier tensile Modulus values. Additionally, it is unclear what type of Modulus is being referred to. As set forth in the specification at [0006] “consistent with applicable standards such as ASTM D412, terms such as “Young’s Modulus”, “Modulus of elasticity”, “tensile Modulus”, or just “Modulus” (as used in this disclosure) are interchangeable to describe a parameter representing the general propensity of a material to deform (elongate) under a tensile stress load”. While each of the values may represent a propensity to deform under tension the variables of Elastic Modulus or Young’s Modulus are broader than this. Elastic Modulus and Young’s Modulus may be representative of materials under tension, compression, bending and twisting; while tensile Modulus is only representative of solid material under tension. Therefore, it is unclear which type of Modulus is being referenced by “a Modulus”. Dependent claims 2, 3, 9, 10, 16 and 17 are similarly confusing.
Claims not specifically mentioned are indefinite since they depend from one of the above claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES G FREAY whose telephone number is (571)272-4827. The examiner can normally be reached Mon - Fri: 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at (469)295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES G FREAY/ Primary Examiner, Art Unit 3746
CGF
September 26, 2026
