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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 8, 2025has been entered.
Applicant’s amendment and accompanying remarks filed September 9, 2025 are acknowledged.
Examiner acknowledges amended claim 6.
Examiner acknowledges cancelled claims 4 and 15.
Examiner acknowledges withdrawn claims 14 and 16-29.
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 5 and 6 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 5 is rendered indefinite because it is unclear if the fabric member comprises a tricot-knitted fabric, a Milanese-knitted fabric, a Raschel-knitted fabric, a jersey-knitted fabric, stitch bonded fabric, terrycloth, velvet, velveteen, velour, corduroy, chenille or plush. Claim 5 is not commensurate in scope with claim 1 from which it depends. Raschel knit is not a velour, terrycloth, velvet or velveteen or corduroy. It is unclear if the fabric member in claim 5 can include a tricot-knitted fabric, a Milanese-knitted fabric, a Raschel-knitted fabric, a jersey-knitted fabric, stitch bonded fabric, terrycloth, velvet, velveteen, velour, corduroy, chenille or plush. It is unclear if claim 5 is meant to further define the fabric member of claim 1.For purposes of examination, Examiner is interpreting the claim to refer to a fabric member comprising a tricot-knitted fabric, a Milanese-knitted fabric, a Raschel-knitted fabric, a jersey-knitted fabric, stitch bonded fabric, terrycloth, velvet, velveteen, velour, corduroy, chenille or plush.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 6 recites the broad recitation a warp-knitted velour fabric, and the claim also recites wherein the fabric framework comprises a tricot-knitted fabric, a Milanese-knitted fabric, a Raschel-knitted fabric, a jersey-knitted fabric or a stitch bonded fabric which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 1-3 and 7-13 are allowed. The closest prior art, Zheng et al., U.S. Pre Grant. Publication 2019/02072 18, teaches an electrode for a battery [0006]. Additionally, paragraph 0006 discloses that the electrode comprises an active material and a fabric comprising one or more fibers wherein the one or more fibers is being partially covered by a coating of nickel or copper and that the coating comprises a layer and a plurality of protrusions protruding from the layer and wherein the active material is attached at least on some of the protrusions. Zheng fails to teach or suggest wherein the fabric framework comprises a tricot-knitted fabric, a Milanese- knitted fabric, a Raschel-knitted fabric, a jersey-knitted fabric or a stitch bonded fabric, and the projections comprises a cut pile, an uncut pile, a loop pile, a knotted pile, a tufted pile, a woven pile, a cord pile or a twist pile.
Response to Arguments
Applicant’s arguments with respect to the present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786