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 .
Response to Amendment and Arguments
Applicant’s amendment and corresponding arguments, filed 9/15/2025, have been reviewed and considered. Claims 19, 26 and 28 have been amended and claim 27 has been canceled. Therefore, claims 19-26 and 28-29 are currently pending. Note that the drawing objection(s) and the 35 U.S.C. 112(a) and (b) rejections of the previous Office Action have been overcome based on the applicant’s cancelling of claim 27. However, applicant’s amendment and corresponding arguments are not persuasive in overcoming the prior art rejections of the previous Office Action for the reason(s) following.
Specifically, the applicant argues that because the slip rings (110 and 310) of LEE (US 2012/0291683 A1) are “nowhere near the static portions of the sewing machine main body”, these slip rings of LEE do not transfer, to the head portion 100 or the bed portion 300, energy that is received from static portions of the sewing machine main body as claimed (Page 6 of REMARKS). The examiner respectively disagrees and notes that because the upper slip ring (110) of LEE is attached to a static end (242) of the first elongate member through elements (102, 103, 230, 244, 240), the upper slip ring (110) of LEE is considered fully capable of functioning to transfer energy from a static portion of the first elongate member of the sewing machine body to the head portion as claimed (Figures 4, 5 and 7). Similarly, the lower slip ring (310) of LEE is attached to a static end (bracket element) of the second elongate member and therefore the lower slip ring (310) of LEE is considered fully capable of functioning to transfer energy from a static portion of the second elongate member of the sewing machine body to the bed portion as claimed (Figures 4 and 6). Accordingly, the prior art rejections of the previous Office Action are deemed proper and still stand. This Office Action is considered a Final Rejection.
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.
Claim(s) 19-20, 25 and 28-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE (US 2012/0291683 A1).
Regarding claim 19, LEE discloses a sewing machine, comprising: a structure (body 200) comprising a spine (vertical part) and first and second elongate members (upper and lower parts) extending from the spine (Figures 3-4); an upper head assembly (100) in the first elongate member and comprising first and second motors (105, 101) to drive sewing actions of the upper head assembly and an upper slip ring (110) capable of functioning to transfer energy to the upper head assembly from energy received from the first elongate member (Figures 4-5); and a lower head assembly (300) in the second elongate member and comprising first and second motors (305, 301) to drive sewing actions of the lower head assembly and a lower slip ring (310) capable of functioning to transfer energy to the lower head assembly from energy received from the second elongate member (Figures 4 and 6), the first motors (105, 305) of the upper and lower head assemblies and the second motors (101, 301) of the upper and lower head assemblies are synchronized without a mechanical drive connection between the upper and lower head assemblies (para 0070).
Regarding claim 20, LEE discloses wherein the upper head assembly (100) comprises: a needle bar, which is upwardly and downwardly drivable by the first motor (105) of the upper head assembly (100); and an indexer unit (102), which is drivable by the second motor (101) of the upper head assembly to control a rotational speed and position of the upper head assembly (specifically 109 of 100) (Figures 4-5).
Regarding claim 25, LEE discloses a vison system or scanner (504) for real-time sewing path correction (note the interaction between the reader 540 and mark 530; para 0100-0109) (Figures 10-13).
Regarding claim 28, LEE discloses the lower slip ring (310) being an electric slip ring (310) by which electrical energy is functionally capable of being transmitted from a static distal end of the second elongate member and through the lower head assembly (Fig. 6) (para 0069).
Regarding claim 29, the applicant recites purely functional language containing no further limiting structure. Because each of the head assemblies (100, 300) of LEE are self-contained comprising all necessary structure to function, including motors thereof, the head assemblies of LEE are considered fully capable of being considered “modular” and functioning to be “interchangeable with of functional units”
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) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE (US 2012/0291683 A1).
LEE discloses a sewing machine having an upper head assembly as discussed above. However, LEE fails to disclose the upper head assembly comprising a cam connected to the movement of the needle bar. The use of at least one cam in the upper head assembly of a sewing machine is considered old and known in the art in order to control movement of the needle bar (and therefore needle) along a desired path. Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the upper head assembly of LEE with at least one cam because such is considered old and known in the art in order in order to control movement of the needle bar and therefore needle along a desired path.
Claim(s) 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE (US 2012/0291683 A1) in view of TICE et al. (US 5,839,382).
Regarding claims 22 and 24, LEE discloses a sewing machine as discussed above. Additionally, LEE discloses a stitching element (shuttle), which is drivable by the first motor (305) (is rotary as discussed within para 0088) of the lower head assembly (300); and an indexer unit (302), which is drivable by the second motor (301) of the lower head assembly (300) to control a rotational speed and position of the lower head assembly (specifically 309 of 300) (Figures 4 and 6). However, LEE fails to disclose the stitching element being a looper arm that is drivable in an elliptical path. TICE discloses replacing a shuttle (22, 24) with a looper arm in order to create a chain stitch rather than a lock stitch (col. 5, lines 3-7) (col. 12, lines 1-38). TICE therefore also discloses the rotary servo motor (28, 30) operating the looper (rotary motion; note that rotary motion is also lateral motion) after replacement of the shuttle (22, 24). Note that it is considered old and known in the art for a looper arm to travel in an elliptical path in order to pull the thread and thus create a “loop” for interlocking purposes. Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have replaced the stitching element (i.e., shuttle) of LEE with a looper arm that is drivable in an elliptical path, in light of the teachings of TICE and common knowledge in the art, in order to allow the sewing machine to perform chain stitching.
Regarding claim 23, LEE in view of TICE discloses a sewing machine including a lower head assembly as discussed above. However, LEE in view of TICE fails to disclose the lower head assembly comprising a first cam to control rotary movement of the looper arm and a second cam to control lateral movement of the looper arm. The use of multiple cams [in a lower head assembly of a sewing machine] to control movement of a looper arm is considered old and known in the art in order for the looper arm to move along a desired path(s). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the lower head assembly of LEE in view of TICE with a plurality of cams because such is considered old and known in the art in order control movement of the looper arm along a desired path(s).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE (US 2012/0291683 A1) in view of LI et al. (CN 215251624 U).
Note that the claimed subject matter relating to the slip ring(s) is not support by application 16/689,901 nor provisional application 62/770,422. Accordingly, the effective filing date for at least claims 26 and 27 is the filing date, 2/10/2023, of the CIP application (MPEP 2139.01).
Regarding claim 26, LEE discloses a sewing machine as discussed above. However, LEE fails to disclose the slip ring of the upper head assembly being an electro-pneumatic slip ring. Note that the slip ring (110) of the upper head assembly (100) of LEE is an electric slip ring (110) (Fig. 5). It is old and known in the art for slip rings to be electric, pneumatic, hydraulic or a combination thereof. Regardless, LI discloses a sewing machine comprising an electro-pneumatic slip ring (6 and/or 13) in order to allow both electrical power/signals and pneumatic pressure to be transferred from a stationary component to a rotary component thus allowing the use of multiple power sources (Figures 1-7). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided at least the upper head assembly of LEE with an electro-pneumatic slip ring, in light of the teachings of LI, in order to allow both electrical power/signals and pneumatic pressure to be transferred from a stationary component to a rotary component thus allowing the use of multiple power sources.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732