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 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, 2, and 6-10 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 1, 2, and 6-10, claim 1 recites a composite component comprising a substrate, a plurality of first and second fiber tows, first and second stitches attaching the fiber tows to the first surface of the substrate, a vent and third stitches, a polymer membrane arranged on a first surface of the vent, and a piercing member to pierce the polymer membrane, and claim 10 recites that the component comprises a battery cover. Applicants’ specification recites at paragraphs 0044-0045 examples of fibers for the fiber tow, and paragraph 0046 recites polymer materials for the polymer encapsulating the substrate. However, absent from the specification are any structural or compositional properties of the substrate or each of the stitches or the vent or the polymer membrane or the piercing member. Without any recitation as to suitable structures and compositions for each of the stitches, the vent, the polymer membrane, and the piercing member, including for use as a battery cover, it is unclear how one of ordinary skill could necessarily make and/or use the claimed invention without further guidance from the specification. Anything known at the time of filing or potentially discovered suitable for use in the future would potentially be within the scope of the claimed invention, even though such structures or compositions were clearly not contemplated for use at the time of filing. The specification only appears to recite the desired function and final properties of the composite component, without any recitation as to materials suitable for accomplishing the function and necessarily resulting in the claimed properties, such that the composite component would be suitable for use as a battery cover.
Response to Arguments
Applicants’ arguments filed November 12, 2025, have been fully considered but they are not persuasive. Applicants argue that Applicants’ specification at paragraph 0026 teaches hybrid fiber reinforcements, paragraph 0017 teaches a substrate, paragraph 0018 teaches integrated mesh material, paragraph 0028 teaches a vent, paragraph 0029 teaches a fiber tow on a substrate, paragraphs 0030, 0032, 0035, and 0036 teach stitches, Figures 3A-3C and paragraph 0028 teach a vent, paragraph 0035 teaches a vent over an opening, Figures 3B-3C and paragraph 0020 teach a piercing member, and paragraphs 0007 and 0039 teaches a polymer membrane. Therefore, Applicants argue that claims 1-10 fully comply with the requirements of 35 U.S.C. 112(a).
Regarding Applicants’ arguments, Examiner respectfully disagrees. While the issue is not whether the specification discloses the claimed components, the issue is that the specification does not provide guidance as to how to make and/or use the totality of the claimed invention, including for the specified purpose for use as a battery cover. As set forth above, Examiner acknowledges that Applicants’ specification recites at paragraphs 0044-0045 examples of fibers for the fiber tow, and paragraph 0046 recites polymer materials for the polymer encapsulating the substrate. However, absent from the specification are any structural or compositional properties of the substrate or each of the stitches or the vent or the polymer membrane or the piercing member. For example, although paragraph 0017 recites fiber tows arranged on and sewn to a substrate, absent is any recitation of what the substrate necessarily entails, such as a fabric, a paper, a metal, a film, or any other structure and composition.
Additionally, although paragraphs 0030, 0032, 0035, and 0036 recite dimensions of the stitches, such as a stitch density, absent is any recitation of what structure or composition are necessarily within the scope of the claimed stitches, which can be used in combination with the remaining components claimed.
Additionally, although a “vent” may be directed to an absence of a structure, Fig. 3A and paragraph 0035 clearly indicate that the “vent” is a structure which includes perforations. Similar to the recitation of a substrate above, absent is any recitation of what the vent necessarily entails, such as a fabric, a paper, a metal, a film, or any other structure and composition.
Additionally, although paragraph 0020 recites a piercing member and paragraph 0039 recites a polymer membrane, absent is any recitation of what structure or composition are necessarily within the scope of the claimed polymer membrane and piercing member, including what materials will necessarily allow a polymer membrane to expand in response to increased vent gas pressure and breaks when fluid pressure increases in the battery case above a predetermined pressure, as set forth in Applicants’ specification at paragraph 0028.
As set forth above, without any recitation as to suitable structures and compositions for each of the stitches, the vent, the polymer membrane, and the piercing member, including for use as a battery cover, it is unclear how one of ordinary skill could necessarily make and/or use the claimed invention without further guidance from the specification. Anything known at the time of filing or potentially discovered suitable for use in the future would potentially be within the scope of the claimed invention, even though such structures or compositions were clearly not contemplated for use at the time of filing. The specification only appears to recite the desired function and final properties of the composite component, without any recitation as to materials suitable for accomplishing the function and necessarily resulting in the claimed properties, such that the composite component would be suitable for use as a battery cover.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER Y CHOI whose telephone number is (571)272-6730. The examiner can normally be reached M-F 9:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER Y CHOI/Primary Examiner, Art Unit 1786
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