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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02-19-2025 is acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because figures 2G, 4A to 4D, 5D, 5E-1, 5E-2, 19, 20A, 20B, and 21 to 25B have more than one figure. Applicant should show how the components are interconnected by using a bracket or label them as separate figures (e.g. 2B, 2C, 3B, and 3C). The drawings are also objected to because the figures do not show clearly what they are.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 20-36 and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kapsali (2011/0092121).
Regarding claim 20, Kapsali discloses a yarn comprising: a plurality of fibers arranged in the yarn (figs 2E to 2F), wherein: at least one fiber of the plurality of fibers is made up of an active material having a corresponding transformation stimulus (para 0029 to 0036), and the at least one fiber has a twist angle, a filament helical bias angle, a diameter (para 0039), and an applied torsion configured to generate an output capacity that exceeds the output capacity corresponding to the at least one fiber in an untwisted state (figs 2E and 2F shows that the fibers are in the twist configuration therefore the output capacity torsion must be higher than the untwist configuration to keep the yarn in place).
Regarding claim 21, Kapsali discloses the yarn is arranged in a knit pattern (figs 3A to 3B, para 0049).
Regarding claim 22, Kapsali discloses the knit pattern corresponds to a fabric that exhibits variable recruitment (figs 3A to 3B, para 0049).
Regarding claim 23, Kapsali discloses the knit pattern corresponds to a fabric configured to: partially deform in a first stage at which the at least one fiber is activated by application of the transformation stimulus; and more completely deform in a second stage at which a second fiber of the plurality of fibers is activated by application of a transformation stimulus corresponding to the second fiber (para 0046).
Regarding claim 24, Kapsali discloses the at least one fiber is pre-twisted in the yarn (para 0024).
Regarding claim 25, Kapsali discloses the at least one fiber is twisted during formation of the fabric from the yarn (para 0026).
Regarding claim 26, Kapsali discloses the plurality of fibers includes multiple active fibers (para 0026).
Regarding claim 27, Kapsali discloses at least two of the multiple active fibers are made of distinct active materials (para 0027).
Regarding claim 28, Kapsali discloses the output capacity is selected from the group consisting of force (para 0024), work, or displacement (para 0025).
Regarding claim 29, Kapsali discloses a fabric (para 0024) comprising: a plurality of fibers (figs 2E to 2F), wherein at least one fiber of the plurality of fibers is made up of an active material having a transformation stimulus (para 0029 to 0036), wherein the plurality of fibers are divided into subsets (fig 4), each subset corresponding to one of a plurality of yarns (para 0039), such that the filaments within each yarn of the plurality of yarns are intertwined at a filament helical bias angle (para 0036 to 0041), and wherein a blocked force is applied to a first yarn that includes the at least one fiber (figs 3A and 3B shows that the yarns are in the knitted or woven configuration therefore the block force must be the same with inactive buckling tension to keep the knitted or woven pattern in place, para 0046).
Regarding claim 30, Kapsali discloses the blocking force is equal to an inactive buckling tension of the first yarn (figs 2E and 2F shows that the fibers are in the twist configuration therefore it must be equal to the tension to keep the yarn in place).
Regarding claim 31, Kapsali discloses the critical inactive buckling tension is a critical martensite buckling tension of the first yarn (para 0025 to 0028).
Regarding claim 32, Kapsali discloses the blocked force on the first yarn is sufficient to inhibit a buckling rotation when at least one fiber is in an inactive state but not at a temperature at which the at least one fiber is in an active state (para 0025 to 0028).
Regarding claim 33, Kapsali discloses the plurality of fibers comprises a plurality of active fibers, and wherein a first subset of the plurality of active fibers has different characteristics than a second subset of the plurality of active fibers (para 0046).
Regarding claim 34, Kapsali discloses the first subset of the plurality of active fibers differs from the second subset of the plurality of active fibers in at least one of fiber diameter (fig 4), material composition, filament helical bias angle, or knit pattern.
Regarding claim 35, Kapsali discloses at least some of the plurality of yarns are configured to transition from inactive to active states upon the application of a material-specific stimulus than others of the plurality of yarns (para 0041).
Regarding claim 36, Kapsali discloses at least some of the plurality of yarns partially transition from inactive to active states upon the application of a material-specific stimulus of multiple active fibers corresponding to that yarn (para 0041).
Regarding claim 38, Kapsali discloses a textile (para 0051) comprising: a plurality of fibers (figs 2E to 2F) arranged in a knit pattern (para 0024), wherein: at least one fiber of the plurality of fibers is made up of an active material having a corresponding transition threshold (para 0029 to 0036), and the at least one fiber has a twist angle, a filament helical bias angle, a diameter (para 0039), and an applied torsion configured to generate an output capacity that exceeds the output capacity corresponding to the at least one fiber in an untwisted state (figs 2E and 2F shows that the fibers are in the twist configuration therefore the output capacity torsion must be higher than the untwist configuration to keep the yarn in place).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 20-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,297,593. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claimed a yarn, a fabric, or a textile comprising a plurality of fibers, wherein at least one fiber of the plurality of fibers is made up of an active material having a transformation stimulus, wherein the plurality of fibers are divided into subsets, each subset corresponding to one of a plurality of yarns, such that the filaments within each yarn of the plurality of yarns are intertwined at a filament helical bias angle, and wherein a blocked force is applied to a first yarn that includes the at least one fiber wherein the blocking force is equal to an inactive buckling tension of the first yarn, wherein the plurality of fibers comprises a plurality of active fibers, and wherein a first subset of the plurality of active fibers has different characteristics than a second subset of the plurality of active fibers; wherein the first subset of the plurality of active fibers differs from the second subset of the plurality of active fibers in at least one of fiber diameter, material composition, filament helical bias angle, or knit pattern; and wherein the fabric is pre-tensioned with a critical tensile force required to prevent yarn snarl formation according to the equation: P= (
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x10-5) x nf x 2W where μ is the linear density of the at least one fiber, ρ is the density of the at least one fiber, {umlaut over (t)} is the twist factor of a yarn corresponding to the first fiber, E is the specific tensile modulus of the first fiber in either martensite or austenite state, G is the specific shear modulus of the first fiber in either austenite or martensite state, n.sub.f is the number of filament in the first yarn, and W is the number of wales that compose the fabric.
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-4pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732