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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 74b [00162], 48 [00165], 122 [--174], 125 [00178], 178 [00187]. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: A (Fig. 21a). 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. 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 Objections
Claims 24 and 33 objected to because of the following informalities:
Claim 24, line 4 it appears there is a typographical error and “capture the yarn contact with” should read “capture the yarn in contact with”.
Claim 33, line 3 it appears there is a typographical error and “bevelled” should read “beveled”. Appropriate correction is required.
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 30 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 30 recites the limitation "the respective bores" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 24, 25, 28, 33, 36-39, and 50 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mima, Foreign Patent Document, EP1584595A1.
Regarding independent claim 24, Mima discloses a yarn control device (101, Fig. 6) for controlling a yarn tail of a yarn (e0, Fig. 9a), comprising: a moveable body (101, Fig. 4a-d; 101 is portable Paragraph [0040], line 1) and a first moveable member (116, Fig. 9C), the movable body comprising: a pair of angled jaws (102, Figs. 6, 7, 8a-c) comprising an upper jaw and a lower jaw that converge (102, Figs. 6, 7, 8a-c), the upper jaw and the lower jaw configured to capture the yarn contact with the movable body (102 captures Ya, Yb, Fig. 9C) and guide the yarn towards an operative region of the movable body (SP, Fig. 6); an inlet (105, Fig. 9c) for introducing a first fluid ("air" Paragraph [0041], line 1) into the movable body (101, Fig. 6); and a first fluid outlet (103, Fig. 6, 9C) located in proximity to the operative region of the movable body (103 near SP, Fig. 6), and oriented to expel the first fluid in a first fluid flow away from the movable body ("air issuing means 105 having a nozzle opening 104 for issuing a jet of compressed air or the like in a direction crossing the yarn receiving hole 103" Paragraph [0041], lines 5-7, air is reoriented through 103 to flow away from movable body 101, Figs. 9a-c); wherein the first moveable member is housed within the movable body (116 housed in 101, Fig. 9C) and configured to traverse the operative region (116 traverses SP, Fig. 6), moving between an operative configuration to clamp the yarn and an inoperative configuration to release the yarn (Paragraph [0047], lines 3-8); and wherein in the operative configuration the yarn is retained in the operative region of the body by the first movable member such that the first fluid flow captures the yarn tail and orients the yarn tail coaxially with the first fluid flow (yarn retained in SP by 116, such that fluid flow captures yarn and orients yarn coaxially with first fluid flow, which is reoriented by 103 to be coaxial with yarn, Fig. 9C), whereby movement of the movable body adjusts the direction of the first fluid flow and yarn tail entrained therein to control orientation of the yarn tail (101 is portable, thus adjusting the orientation of 101, will necessarily adjust the fluid flow through 103, Figs. 6-9C).
Regarding claim 25, Mima discloses a second moveable member (112, Fig. 6) housed within the movable body (101, Fig. 6), configured to operate in conjunction with the first moveable member (Paragraph [0045], lines 1-5) to provide a feed configuration (Paragraph [0047]), wherein the yarn tail is retained in the operative region of the body (Fig. 9C), and drawn through the operative region by the first fluid flow thereby varying a length of the yarn tail (Paragraph [0047]).
Regarding claim 28, Mima discloses the first moveable member (116, Fig. 9C) has a head (see Annotated Figure 6 of Mima, below) for clamping and securing the yarn to the movable body (101, Fig. 6).
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Annotated Figure 6 of Mima
Regarding claim 33, Mima discloses wherein the pair of angled jaws (102, Fig. 6) have beveled edges (102 is sloping/beveled, Fig. 6).
Regarding claim 36, Mima discloses the first fluid outlet (103, Fig. 6, 9C) is located in close proximity to the operative region (SP, Fig. 6) and directed away from the body (103 expels yarn ends out of body 101, 102, Fig. 9C) such that the first fluid flow is expelled in a direction parallel to a run direction of the yarn across the operative region of the moveable body (103 expels yarn ends out of body 101, 102, parallel to run direction of yarn, Fig. 9C).
Regarding claim 37, Mima discloses the first fluid outlet (103, Fig. 6, 9C) is on a surface of the body (outlet is on surface of body 101, 102, Fig. 6, Fig. 9C).
Regarding claim 38, Mima discloses wherein the first fluid outlet (103, Fig. 9C) is in fluid communication with the first fluid inlet via an internal bore (103, 104, Fig. 9C) within the movable body (Paragraph [0041], lines 4-7; Fig. 9C).
Regarding claim 39, Mima discloses wherein the internal bore (103, 104, Fig. 9C) is oriented to expel the first fluid flow perpendicularly to the movable body (fluid expelled in bore 103, perpendicular to body 101, 102, Fig. 6, 9C).
Regarding claim 50, Mima discloses a spool handling device comprising the yarn control device (Paragraph [0054], lines 11-16).
Allowable Subject Matter
Claims 26-27, 29, 32, 34-35, 41, 43, and 47-48 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 26, Mima, a close prior art, discloses a yarn control device, but alone, or in combination, fails to teach suggest or render obvious wherein the first and second movable members are a pair of reciprocating pistons.
Claim 27 would also be allowable, because it depends from claim 26 and is further limiting.
Regarding claim 29, Mima, a close prior art, discloses a yarn control device, however alone or in combination, fails to teach suggest or render obvious wherein the second movable member has a head which forms an aperture when brought into contact with the operative region of the body, restraining the yarn within the operative region and allowing the yarn to be drawn through the aperture.
Regarding claim 32, Mima, a close prior art, discloses an inlet and outlet for fluid flow, however alone or in combination, fails to teach, suggest, or render obvious a series of fluid inlet and outlet valves are located within the body to control flow of a working fluid into and out of respective first and second bores, in which the first and second moveable members are located.
Claim 41 would also be allowable, because it depends from claim 32 and is further limiting.
Regarding claim 34, Mima, a close prior art, discloses the first moveable member is activated to clamp the yarn once in the operative region of the body (Paragraph [0047]), however fails to teach suggest or render obvious completing this operation by supplying working fluid to the activation supply port to allow the working fluid to enter the bore in which the first moveable member is located.
Claim 35 would also be allowable, because it depends from claim 34 and is further limiting.
Regarding claim 43, Marbacher, US4118919, a close prior art, discloses the majority of the features of claim 43 including first and second fluid flows that intersect, however Marbucher, alone or in combination, fails to teach, suggest, or render obvious “whereby movement of the movable body orients the first fluid flow to intersect the second fluid flow, such that the second fluid flow expels the entrained yarn tail from the first fluid flow towards the receiver”.
Claims 47 and 48 are allowable because they depend from allowable claim 43 and are further limiting.
Claim 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument on pages 12-14 of Remarks filed 11/13/2025, that Mima does not disclose the first fluid flow captures the yarn tail and orients the yarn tail coaxially with the first fluid flow and movement of the movable body adjusts the direction of the first fluid flow and yarn tail entrained therein to control orientation of the yarn tail, it is noted that Mima does disclose the claimed features as set forth above in the rejection of claim 24 under 35 U.S.C. 102(a)(1). Namely, Mima discloses the yarn is retained in SP by 116, such that fluid flow captures yarn and orients yarn coaxially with the first fluid flow coming from 104 which is reoriented by 103 to be coaxial with yarn, Fig. 9C, and 101 is portable, thus adjusting the orientation of 101 will necessarily adjust the fluid flow through 103 to adjust the orientation of the yarn tail, Figs. 6-9C. Applicant’s arguments are therefore not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/K.R.B./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654