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 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 and dependent claims 2-20 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.
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 1 recites the broad recitation “selective reversible permeability or which reversible change permeability upon stimulation with at least one external stimulus selected from humidity, temperature, electrical (voltage, field or charge), magnetic, pH and chemicals, and the claim also recites “wherein preferably said fabric or device has different states it reversibly changes in between in dependence on said external stimulus, such as two states, e.g. a state with open pores/permeable areas and a state with closed pores/non-permeable areas (open-close), a state where it is soft and a state where it is hard (soft-hard), a state where it has more grip and a state where it has less grip” 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.
Regarding claims 1 and dependent claims 2-20, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 1 recites “e.g. a state with open pores/permeable areas and a state with closed pores/non-permeable areas (open-close), a state where it is soft and a state where it is hard (soft-hard), a state where it has more grip and a state where it has less grip”. For purposes of examination, the two states of open and closed state of the pores or permeable areas will be considered but not each examples of soft-hard, grip or less grip.
Claim 4 recites the broad recitation “comprises humidity and/or temperature responsive material(s),which comprise a double layer of materials having different hydrophilicity/hydrophobicity or thermal expansion properties,” and the claim also recites “preferably multiple double layers form a multi-layer stack.” 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.
Regarding claim 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 5 recites “such as a hydrophobic polytetrafluorethylenebackbone and hydrophilic perfluoroether sulphonic acid side chains (-SO3H)” and again “e.g.
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For purposes of examination, the polymer having a hydrophobic backbone and hydrophilic side chains will be considered.
Claim 5 is 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.
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 5 recites the broad recitation “which reversibly absorbs water and swells and expands in the direction of moisture, thereby opening the patterned openings” and the claim also recites “wherein preferably its swelling ratio increases with temperature at the same absolute humidity,” which is the narrower statement of the range/limitation.
Claim 5 also recites the broad recitation “said polymer having a hydrophobic backbone and hydrophilic side chains, such as a hydrophobic polytetrafluorethylenebackbone and hydrophilic perfluoroether sulphonic acid side chains (-SO3H)” and the claim also recites “preferably a sulfonated tetrafluoroethylene based fluoropolymer-copolymer” 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.
Regarding claim 7, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as noble metals (e.g. Pt or Au)” are not considered for examination.
Regarding claim 8, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as twisting, rolling torsion” are not considered for examination.
Regarding claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as magnetic filaments” are not considered for examination.
Claim 10 also recites the broad recitation “as humidity sensor, as temperature sensor, for humidity and/or heat management of clothing” and the claim also recites “preferably for improved wellbeing, as sport bandage, which preferably adapts in shape, mechanical support and breathability during healing, for humidity and/or heat management of textiles for home, for humidity and/or heat management for outside purposes, such as in agriculture, and/or for outdoor purposes, such as tents” 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.
Regarding claim 10, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as in agriculture”; “such as tents” are not considered for examination.
Regarding claim 11, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as a resistivity or mechanical displacement sensor”; “e.g. a battery or the like” are not considered for examination.
Claim 13 also recites the broad recitation “wherein the fabric or device optionally is furthermore breathable and supports cooling,” and the claim also recites “the sport bandage preferably adapts in shape and mechanical support during healing.” 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.
Regarding claim 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as nutrients”; “such as after sowing” are not considered for examination.
Regarding claim 15, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as a tent” are not considered for examination.
Claim 16 also recites the broad recitation “comprising a sheet-like substrate, such as fabrics, paper, card or plastic foils, temperature responsive material(s) applied to the sheet-like substrate,” and the claim also recites “which is preferably a layer of conductive material,” and “ preferably printed onto the substrate, wherein the temperature responsive conductive material (s) is/are preferably applied with a pattern onto the substrate.” 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.
Regarding claim 16, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as fabrics, card or plastic foils” are not considered for examination.
Regarding claim 17, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as conductive polylactide”; “such as room temperature” are not considered for examination.
Regarding claim 18, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “such as graphene PLA” are not considered for examination.
Claims 17 and 18 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. Claims 17 and 18 recite “wherein the temperature responsive material is a conductive filament, applied with a pattern”. The claims lack the structural relationship between the material in the form of a filament and how it is applied with a pattern. It is not clear if the temperature responsive material is applied on the filament or is the filament and the application of the material is in a pattern on the filament. And it is further not clear if the filament is the temperature responsive material applied in a pattern to a substrate or the filament applied with a pattern is the filament woven or knit into a fabric.
Claim Rejections - 35 USC § 101 and 112
Claims 10 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because it does not fall into one of the categories of process, machine, manufacture or composition of matter. The claim is directed to a use without method steps.
Claims 10 and 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. Claims 10 and 20 recites a use for the fabric or device of claim 1 without any method steps for using the device.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 4, 6, 10-13, 16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hockaday et al (US 20070184238).
Hockaday is directed to laminate actuators and valves (Title). Hockaday is directed to artificial stoma formed with multilayered structures that actuate with humidity, temperature, chemical, environment or light. These actuators can be incorporated into shoes, apparel, fuel cells, machinery and buildings to control fluid flow or diffusion to regulate humidity, temperature, chemical environment, or light (ABST).
The actuators open or close to cover over an aperture [0045]. As shown in Fig. 5A and 5B shows the stacked actuated flap arrays actuated open and actuated closed.
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Hockaday teaches actuation fabric and fiber based material as shown in Fig. 22A and 22B [0086], [0352], fabric with wicking and breathable properties [0402]. Fig. 16 shows and describes an assembly of the sole of shoe with a valve membrane 253 with flap valves 254 and elastic pad and cloth pad [0507].
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Hockaday teaches it is desirable in some applications to have membranes that change their permeability with heat and in particular, membranes that reduce their permeability as we raise the temperature such as stabilizing a fueled heat reaction. [0048].
Hockaday anticipates a functional device comprising fabrics or fiber based materials with the ability to open and close flaps to adjust diffusion of fluids, i.e. permeability through apertures (pores).
As to claim 3, Hockaday teaches a fabric based material that has a pattern of material coated on the substrate as shown in Fig. 25 as X-lattice, triangle pattern or X-slit pattern [0401].
As to claim 4, Hockaday teaches there can be a double layer of materials as shown in figures 1A and 1B [0484] as well as shown in Fig. 2A and 3A.
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As to claims 6 and 11, Hockaday teaches an electrical response is controlled with electrodes 54 and 55 printed onto the surface of the layers that go to electronics [0488] as shown in Fig. 3A, 3B.
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As to claim 7, Hockaday teaches coating the responsive polymer with conductive materials such as metals platinum, copper, gold plasma sprayed or vacuum sputter deposited onto the surface of the substrate [0487] as shown in Fig. 3A. Hockaday teaches the electrodes can sense or impress voltages onto the actuators [0488].
The ionic polymer, Nafion, in combination with the metals is equated with the claimed ionic polymer metal composite.
As to claims 10 and 20, Hockaday teaches the laminate actuators can be incorporated into shoes, apparel, fuel cells, machinery, and buildings to control fluid flow or diffusion to regulate humidity, temperature, chemical environment, or light. Hockaday teaches the actuators can sense humidity, temperature, airflow, heat flow, vibrations, sound, and light [0050].
As to claims 12 and 13, Hockaday teaches the actuators are useful in clothing for heat regulation [0049]. Hockaday teaches the actuators promote air flow in apparel and further promotes air flow and moisture removal and cooling [0515].
As to claims 16 and 19, Hockaday teaches a temperature responsive material applied to a substrate and a conductive electrode material. The materials can be printed [0485], [0486], e.g. printing an electrode on the surface of the layers [0488].
Claim 5 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hockaday et al (US 20070184238) as evidenced by Bonsel et al (US 6197147)
As to claim 5, Hockaday teaches the humidity or temperature response material can be Nafion which Hockaday teaches is a high humidity expansion coefficient [0487]. Hockaday teaches the actuator is formed by depositing a hydrophilic and expanding solid polymer electrolyte such as perfluronated ion exchange polymer electrolyte such as Nafion [0483]. Hockaday teaches the polymer responds and expands (swells) to temperature and humidity and opens and closes the apertures. The polymer Nafion is equated with thermo-moisture responsive ionic polymer.
Nafion is known to be a hydrophobic tetrafluoroethylene with hydrophilic perfluoroether sulphonic acid side chains as evidenced by Bonsel.
Bonsel is directed to laminates containing an ion-conductive membrane. A preferred embodiment of completely fluorinated polymer are stable against oxidation and reduction and related to polytetrafluoroethylene with fluorinated polymers containing water attracting (hydrophilic) sulfonic acid groups in addition to water repellent (hydrophobic) fluorine groups such as brand name Nafion.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 14, 15, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hockaday et al (US 20070184238) in view of Tebbe et al (US 6767850).
As to claim 2, Hockaday teaches the fabric or fiber based materials respond to humidity or temperature. Hockaday teaches a woven fabric made of fibers that respond to humidity or temperature as shown in Fig. 22A, 22B. Hockaday teaches the woven fabric of bi-material actuating fibers wherein the fibers reacts to changes in temperatures and causes the fibers to bend and thicken the fabric.
Hockaday teaches the flaps open to form open apertures. Hockaday differs is not specific with regard to pore size and a variable pore size or open or closed pores.
Tebbe is directed to a two dimensional textile. Tebbe is directed to a flat textile material (10) has an upper side and an underside and is used as a clothing fabric. Tebbe teaches the purpose is to control the permeability of the textile material (10), via control elements (34, 36; 16, 18) which are provided which are deformable by an environmental parameter. Media whose permeation is controlled thus are, for example, fluids or light. Possible environmental parameters are, for example, the temperature or the air humidity. It is thus possible to make, for example, textile materials whose breathing activity increases with the body temperature of the user (ABST).
The elements which control the permeability of the textile material define openings or pores in the textile material whose inside width varies in dependence on environmental parameters. For example the permeability increase or decrease with increasing or decreasing temperature (col. 1, lines 40-55).
Tebbe teaches in Fig. 18, that the fabric 10 has a temperature which has been increased and consequently the weave of the fabric between each two warp threads protrude from the plane of the fabric web. The elongated control weft thread creates a gap around the threads and the fabric is then permeable to fluid at the increased temperature.
An increase in gap is equated with increased pore size and allows for increased permeability.
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It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a temperature responsive thread in a woven motivated to improve the permeability at an increased temperature.
As to claims 14 and 15, Hockaday teaches the actuators can be incorporated into shoes, apparel, fuel cells, machinery and buildings. Hockaday is not specific with regard to the use of an agricultural fabric or outdoor fabric or covering. Statements of use do not distinguish the claims from prior art.
Tebbe teaches the permeability of the textile allows for a change in permeability via light transmission and is used for covering greenhouses, beach clothing or sun screens (col. 1, lines 57-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ the fabric for agricultural fabric of outdoor coverings motivated provide fabric that is responsive to environmental factors to allow for permeability.
As to claims 17, Hockaday teaches bi-material fibers as shown in Fig. 22A and B wherein the high coefficient of expansion material and low coefficient of expansion material could be metal [0352]-[0358], [0515]. Hockaday teaches using ion conductive polymer as one of the actuation components. Hockaday teaches conductive fibers.
Hockaday is not specific with regard to flattening closing pores.
As to claim 18, Hockaday teaches bi-material fibers wherein the low coefficient of expansion material can be metal and the high coefficient of expansion material can be ion conductive polymer. Hockaday teaches printing electrodes on the on the bi-material actuators that will allow the actuators to have electrical inputs and outputs [0050], [0487].
Hockaday is not specific with regard to bending to open pores and flattening to close pores.
Tebbe teaches in Fig. 18, that the fabric 10 has a temperature which has been increased and consequently the weave of the fabric between each two warp threads protrude from the plane of the fabric web. The elongated control weft thread creates a gap around the threads and the fabric is then permeable to fluid at the increased temperature.
An increase in gap is equated with increased pore size and allows for increased permeability.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a temperature responsive thread in a woven motivated to improve the permeability at an increased temperature.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hockaday et al (US 20070184238) in view of Hakkens et al (US 20180108827).
As to claim 8, Hockaday differs and does not teach a nonsymmetric configuration of electrodes.
Hakkens is directed to an actuator or sensor device based on an electroactive polymer. Hakkens teaches a bending actuator device or sensor device for sensing bending comprises a stack of electroactive polymer units. The adjacent electroactive polymer units in the stack are slidable relatively to each other. This means that, for an actuator for example, an increased actuation force is enabled without requiring increased driving voltage, and it also avoids the problems of stress build up by allowing sliding between the units (ABST).
Hakkens teaches the bending actuators deform between a flat state and a bent state [0054]. The actuator material can be a PTFE, a fluoropolymer, a textile, a fluid, a gel, a foam, a foil [0077]. The electroactive devices may be electric field driven devices or ionic devices. Ionic devices may be ionic polymer-metal composites (IPMCs) [0107].
IPMCs are composed of an ionic polymer like Nafion or Flemion whose surfaces are chemically plated or physically coated with conductors such as platinum or gold, or carbon-based electrodes. Under an applied voltage, ion migration and redistribution due to the imposed voltage across a strip of IPMCs result in a bending deformation. The polymer is a solvent swollen ion-exchange polymer membrane. The field causes cations travel to cathode side together with water. This leads to reorganization of hydrophilic clusters and to polymer expansion. Strain in the cathode area leads to stress in rest of the polymer matrix resulting in bending towards the anode. Reversing the applied voltage inverts the bending [0108].
Hakkens teaches if the plated electrodes are arranged in a non-symmetric configuration, the imposed voltage can induce all kinds of deformations such as twisting, rolling, torsioning, turning, and non-symmetric bending deformation [0109].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ electrodes on IPMCs in a non-symmetric configuration motivated to induce bending deformations in a twisting, rolling and non-symmetric bending deformation.
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hockaday et al (US 20070184238) in view of Knothe Tate (WO 2019211822 cited as US 20210228779).
As to claim 9, Hockaday differs and does not teach the fabric responds to a magnetic field.
Knothe Tate is directed to a smart material includes a composite textile that includes a textile substrate and a material disposed via an additive manufacturing technique onto the textile substrate based on an additive manufacturing pattern. The composite textile includes a gradient in least one of mechanical property, material property, or structural property and/or exhibits a change in at least one mechanical property, material property, or structure in response to at least one external stimulus.
Knothe Tate teaches term “smart material(s)” refers to a designed material that have one or more properties that can be changed in a controlled fashion under the influence of an external stimulus, such as stress, temperature, moisture, pH, electric or magnetic fields. This change can be reversible and can be repeated many times [0050], [0053].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a fabric or fiber material that is responsive to a magnetic field motivated to produce a material that response to an external stimulus and the change can be reversible and repeated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Singer et al (US 20210323006)
Göktepe et al (US 20210198817)
Jin et al (US 20180361704)
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789