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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 1-2 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.
Claim 1 recites “ A use of at least…..” The claim is unclear because it is drafted as a “use” of an article , but does not positively recite method steps that define how the article is used, such exposing the fiber or wire to a humid atmosphere, electrically connecting the fiber or wire to electrodes or generating /collecting electrical power. As such, it unclear whether the claim is directed to the fiber or wire itself, to a method of using the fiber or wire, or merely to an intended use/result of the fiber or wire. Therefore, the metes and bounds of the claims are unclear. A claim that merely recites a "use" without reciting any steps renders the claim indefinite. See Ex parte Erlich, 3 USPQ2d 1011 (Bd. Pat. App. & Inter. 1986); Ex parte Dunki, 153 USPQ678; and MPEP § 2173.05(q). Applicant is invited to recast claims 1 and 2 as a proper method claim reciting affirmative steps (e.g., "A method of generating electrical power comprising exposing said fiber or wire to a humid surrounding atmosphere and collecting electrical current from first and second electrodes electrically connected thereto").
Claim 2 is rejected for the same reason by virtue of its dependence on
claim 1.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al. (US PG Pub 2021/0344286) in view of Guan (Comparative experiments of electrical conductivity from whey protein concentrates conventional film and nanofibril film, Journal of Dairy Research, First published online: 3 February 2020).
As to independent claim 1, Yao et al. teaches a use of at least one conductive protein fiber (12), or of a film comprising a plurality of conductive protein fibers, for generating electrical power from a humid surrounding atmosphere (see abstract; (see paragraph [0007]) a thin film of conductive protein nanowires (12) produces continuous electric power from moisture naturally present in the ambient environment as atmospheric humidity). Yao et al. further teaches that the electrical output arises from a depth-dependent humidity adsorption that establishes a vertical moisture gradient in the film, producing a vertical charge gradient and a steady DC voltage — i.e., moisture-driven ionic/proton (hydronium) transport through the hydrophilic protein film as shown in figure 1 and see paragraph [0007, 0110-0119].
Yao et al. teaches the claimed limitation as discussed above except that the fiber is a hydronium ion-conducting amyloid fiber.
However, Guan teaches self-assembled amyloid protein fibrils (whey protein concentrate fibrils formed at low pH 2.0, having high-ordered, β-sheet-rich structures confirmed by Thioflavin T fluorescence and TEM) that form electrically conductive films exhibiting substantially higher electrical conductivity than the corresponding conventional amorphous protein films (see abstract; Table 1 — 2.163 S/m for the fibril film versus 1.254 S/m for the conventional film). Guan expressly teaches that fibrilized whey protein fabricates high electrical conductivity films and broadens the potential
application of amyloid fibrils as functional bio-nanomaterials (see abstract and see pages 103-108), for the advantageous benefit of providing a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
It would have been obvious to one having ordinary skill in the art before
the effective filing date of the claimed invention was made to modify the
moisture-driven power generator of Yao et al. by using the fiber is a hydronium ion-conducting amyloid fiber, as taught by Guan, to provide a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
As to claim 2/1, Liu teaches that said fiber or wire (12) is electrically connected
to a first and a second electrode (14, 16) as shown in figure 1.
As to independent claim 3, Yao et al. teaches an electrical power generation (see title) device comprising: protein-fiber film modified (12) at least one electrode pair comprising a first electrode and a second electrode (14, 16) , said electrodes being electrically connected to said fiber or wire (12), said fiber or wire (12) being intended to be exposed, at least in part, to a humid surrounding atmosphere as shown in figure 1 and see paragraph [0111-0119].
However Yao et al. teaches the claimed limitation as discussed above except is a hydronium ion-conducting amyloid fiber.
However, Guan teaches self-assembled amyloid protein fibrils (whey protein concentrate fibrils formed at low pH 2.0, having high-ordered, β-sheet-rich structures confirmed by Thioflavin T fluorescence and TEM) that form electrically conductive films exhibiting substantially higher electrical conductivity than the corresponding conventional amorphous protein films (see abstract; Table 1 — 2.163 S/m for the fibril film versus 1.254 S/m for the conventional film). Guan expressly teaches that fibrilized whey protein fabricates high electrical conductivity films and broadens the potential
application of amyloid fibrils as functional bio-nanomaterials (see abstract and see pages 103-108), for the advantageous benefit of providing a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
It would have been obvious to one having ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Yao et al. by using the fiber is a hydronium ion-conducting amyloid fiber, as taught by Guan, to provide a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
As to claim 4/3, Yao et al. teaches comprising a plurality of pairs of first and second electrodes (14, 16), each of said electrode pairs being electrically connected to a wire or to a plurality of wires (12) as shown in figure 1 and see paragraph [0111- 0119].
As to claim 5/3, Yao et al. in view of Guan teaches the claimed limitation as discussed above except in which said fiber is composed of proteins chosen from a-lactalbumin, 3- lactoglobulin, lysozyme, or a HET-s protein.
However Guan teaches that the amyloid fibrils are formed from whey protein concentrate, of which β-lactoglobulin and α-lactalbumin are the major components, and further teaches free-standing films self-assembled from β-lactoglobulin and hen egg-
white lysozyme fibrils (see page 103), for the advantageous benefit of providing a lower-cost, more readily manufacturable generator of electrical power from ambient humidity. Such a substitution of one known conductive protein nanofiber for another, in a device performing the same moisture-to-electricity function, is a simple substitution of one known element for another to obtain predictable results, and would have carried a reasonable expectation of success.
It would have been obvious to one having ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Yao et al. by using form the amyloid fiber from β-lactoglobulin, α-lactalbumin, or lysozyme as taught by Guan; and the further recited HET-s protein is an art-recognized amyloid-forming protein, such that its selection as the fiber material would likewise have been obvious as the selection of a known material based on its suitability for its intended use, to provide a lower-cost, more readily manufacturable generator of electrical power from ambient humidity. Such a substitution of one known conductive protein nanofiber for another, in a device performing the same moisture-to-electricity function, is a simple substitution of one known element for another to obtain predictable results, and would have carried a reasonable expectation of success.
As to claim 6/3, Yao et al. teaches in which the first and/or second electrodes (14, 16) are chosen from gold, silver, platinum, aluminum or carbon electrodes (see paragraph [0017]) and [0109]).
As to claim 7/3, Yao et al. teaches the claimed limitation as dissed above except for supplying electrical power to an electrical or electronic apparatus intended to be supplied with electrical power.
As to claim 8/3, Yao et al. in view of Guan teaches a process for supplying electrical power to an electrical or electronic apparatus intended to be supplied with electrical power, the process comprising at least one step consisting in exposing to a humid surrounding atmosphere (see paragraph [0111-0119]), said fiber or said wire (12) being arranged in a device for producing electrical power, said device being electrically connected to said electrical apparatus as shown in figure 1 and (see paragraph [0111-0119]).
However Yao et al. in view of Guan teaches the claimed limitation as discussed above except is a hydronium ion-conducting amyloid fiber.
However, Guan teaches self-assembled amyloid protein fibrils (whey protein concentrate fibrils formed at low pH 2.0, having high-ordered, β-sheet-rich structures confirmed by Thioflavin T fluorescence and TEM) that form electrically conductive films exhibiting substantially higher electrical conductivity than the corresponding conventional amorphous protein films (see abstract; Table 1 — 2.163 S/m for the fibril film versus 1.254 S/m for the conventional film). Guan expressly teaches that fibrilized whey protein fabricates high electrical conductivity films and broadens the potential
application of amyloid fibrils as functional bio-nanomaterials (see abstract and see pages 103-108), for the advantageous benefit of providing a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Yao et al. in view of Guan by using the fiber is a hydronium ion-conducting amyloid fiber, as taught by Guan, to provide a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
As to claim 9/3, Yao et al. teaches comprising at least one step consisting of film (12) disposed between a first and a second electrode (14, 16) of an electrode pair to electrically connect said electrodes with the hydrogel to obtain an fiber wire (12) electrically connected to said electrodes (14, 16) as shown inf igre 1, and see paragraph [0111-0119].
However Yao et al. in view of Guan teaches the claimed limitation as discussed above except a hydrogel of amyloid fibers
Guan teaches that amyloid fibril films are fabricated by casting an amyloid fibril
film-forming solution and drying it into a solid, electrically conductive amyloid fibril film (see Guan, "Film formations" — the fibril solution is cast and dried, then detached and conditioned) see paragraph [103-108], for the advantageous benefit of providing a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Yao et al. in view of Guan by using a hydrogel of amyloid fibers, as taught by Guan, to provide a low-cost, abundant, food-grade, self-assembling conductive protein fiber.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al. (US PG Pub 2021/0344286) and Guan (Comparative experiments of electrical conductivity from whey protein concentrates conventional film and nanofibril film, Journal of Dairy Research, First published online: 3 February 2020) as applied in claim 3, above and further in view of Forge (EP3878360).
As to claim 10/3, Yao et al. in view of Guan teaches the claimed limitation as discussed above except a moisture sensor, moisture-reactive circuit breaker, or electrical charger comprising at least one device.
However Forge teaches a moisture sensor, moisture-reactive circuit breaker, or electrical charger comprising at least one device (see paragraph [0079]), for the advantageous benefit of monitoring the moisture.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Yao et al. in view of Guan by using a moisture sensor, moisture-reactive circuit breaker, or electrical charger comprising at least one device, as taught by Forge, to monitor the moisture.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A GONZALEZ QUINONES whose telephone number is (571)270-7850. The examiner can normally be reached Monday-Friday: 6:30-2:30 EST.
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/JOSE A GONZALEZ QUINONES/Primary Examiner, Art Unit 2834 July 10, 2026
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