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 without traverse of Group III, claims 16-19 and 22, in the reply filed on August 7, 2025 is acknowledged.
Claims 11-15 and 20-21 have been withdrawn from consideration as being directed towards the non-elected invention.
Claim Interpretation
The limitation “a variation coefficient CV of a rotation angle of a long axis of the flat hollow fiber” in claim 16 is interpreted as described in para 0080-0081 of the originally filed disclosure.
The limitation “flatness” in claim 17 is interpreted as described in para 0073 or the originally filed disclosure.
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 16-19 and 22 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 16 recites the limitation “[a] multifilament comprising: a flat hollow fiber, wherein a variation coefficient CV of a rotation angle of a long axis of the flat hollow fiber is 15% to 50%.” However, in order to determine a variation, at least two things need to be compared. Only a singular flat hollow fiber is claimed. The methodology described in the originally filed disclosure teaches determining the variation coefficient of the rotation angle requires measuring the rotation angle of multiple flat fibers, however, only a singular flat hollow fiber is claimed. It is unclear how to measure the variation coefficient CV of a rotation angle when a singular flat fiber is present. The originally filed disclosure teaches the criticality of the variation coefficient of the rotation angle of the long axis being linked to ensuring a soft tactile sensation with reduced apparent density while making sure the irregularities are not too fine and friction fluctuation is too small to result in monotonous tactile sensation (see para 0082-0083 of originally filed disclosure). Amending the claim to read limitation “[a] multifilament comprising: a plurality of flat hollow fibers, wherein a variation coefficient CV of a rotation angle of a long axis of each of the flat hollow fiber within the plurality of flat hollow fibers is 15% to 50%” would align the claim with the described methodology as well as the referenced benefit.
The remaining claims are rejected as being dependent on rejected claim(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 2001/0056586 to Seong teaches a polyester monofilament comprising fiber with a hollow cross section part and a flat cross section part having an excellent touch feeling. US Pub. No. 2013/0071659 to Janke teaches fibers having a non-circular cross-section that can be hollow. JP 2000-064139 to Fujiwara teaches a yarn comprising a hollow latent crimping composite filaments having a cross section flatness. JP 2017115254 to Matsuura teaches a yarn comprising a flat plate-shaped laminated fiber that can have a hollow core.
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/JENNIFER A GILLETT/Examiner, Art Unit 1789
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