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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 4, 2026, has been entered.
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 1-8 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 1-8, claim 1 recites a textile part including at least two textile layers superimposed on one another and each including fibres, wherein the first textile layer comprises an inner generating layer configured to generate an electric current from mechanical stresses, and a second textile layer comprising an energy storage layer for supplying an electronic device with an electric current, the storage layer being electrically connected to the inner generating layer and configured to store the electric current output, the textile part further comprising an excitation fibre including balls integral with a body of the fibre, wherein a body of the excitation fibre comprises a hollow tubular shape in which the balls are arranged. Applicants’ specification at paragraph 0011 teaches that the term “integral” defines a connection between the balls and the body with or without degrees of freedom. Applicants’ specification at paragraphs 0043-0046 recites balls capable of moving relative to the body of the fibre, wherein the balls are arranged in the body which has a hollow tubular shape, and wherein the excitation fibre is configured to increase the stresses on the inner generating layer. Applicants’ remarks of February 4, 2026, recite that Figs. 1 and 2 show the balls within the excitation fiber.
Absent from Applicants’ specification is guidance to what composition is suitable for each of the fibre and the balls, including a manner in which to form a fiber with a hollow tubular shape combined with a manner of arranging the balls in the hollow tubular shape, such that the balls are integral with a body within the scope of Applicants’ specification. Additionally, note that since the excitation includes balls, the claims are requiring a plurality of balls to be present within the hollow tubular shape. It is not ordinarily known in the art how to necessarily form fibres having a hollow tubular shape in combination with balls integral with a body of the fibre consistent with Applicants’ specification, especially for use in a textile such as claimed. Without guidance as to what compositions are suitable for the excitation fibre and balls in order to function as set forth in the claimed invention, including a manner of forming the excitation fibre having a hollow tubular shape in which the balls are arranged, such that the balls are integral with the body of the fibre, and what compositions are compatible with the first and second textile layers which are formed and configured as claimed, it is unclear how one of ordinary skill would be capable of forming the excitation fibre as claimed.
Additionally, regarding Applicants’ remarks of February 4, 2026, note that although Fig. 1 shows excitation fibres 124, Fig. 1 does not recite the balls integral with the fibre. Additionally, Fig. 2 is unclear, as although excitation fibre 124 is shown with balls 125, Applicants’ specification expressly indicates that the “balls 125 can be arranged in the body 126, which thus has a hollow tubular shape, as shown diagrammatically in Fig. 2.” Body 126 does not appear to have a hollow tubular shape. Additionally, no description is provided as to the composition for either the fibre or the balls or any manner of forming the fibre as claimed including balls integral with a body of the fibre, with a hollow tubular shape in which the balls are arranged.
Additionally, since the textile part comprises textile layers comprising generating and storage layers which are specifically configured as claimed, Applicants’ specification lacks any guidance as to materials and compositions suitable for the excitation fibre and balls which are predictably compatible with the components of the textile layers and the configurations as claimed. Note also the limitations of claims 2-8 and the lack of guidance as to the compatibility requirements of the excitation fibre and balls with the structural limitations claimed.
The claimed invention appears to recite a desired structure including a desired fibre which is desirably configured to increase the stresses on the inner generating layer, without setting forth an enabling disclosure as to materials and methods which are necessarily capable of arriving at the desired result. In essence, the lack of disclosure regarding the excitation fibre requires one of ordinary skill to create the claimed fibre independent of any guidance by Applicants to accomplish such a purpose. Therefore, the claims contain 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.
Conclusion
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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