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 § 103
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 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) 13-14, 16-21, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Foreign Patent Document, CN106006222A in view of Brockmanns et al., US5184786.
Regarding independent claims 13 and 20, Wang discloses
A device (Fig. 1) and method for rewinding yarns (3, Fig. 1) from a feed bobbin (3, Fig. 1) onto a bobbin tube to form a bobbin during a rewinding process (9, Fig. 1), comprising:
a controller (7, Fig. 1);
a machine frame (1, Fig. 1);
a bobbin mandrel (See annotated Figure 3 of Wang, below) held in a rotationally fixed manner ("stationary raw yarn roll 3" Paragraph [0032], line 5) in the machine frame to receive the feed bobbin (mandrel is held via 2 in machine frame 1, 6, Fig. 3);
a winding device that comprises a thread brake (4, Fig. 1) to set a yarn tension in the yarn rewound from the feed bobbin onto the bobbin tube ("after the yarn is unwound it passes through the tensioner 4...and then is wound onto the bobbin 9" Paragraph [0028], lines 4-6); and
a holder for the bobbin mandrel (2, Fig. 1), the holder comprising a weighing system in communication with the controller ("the controller may be provided with a control module, which can receive in real time from the controller a signal reflecting the yarn weight output by the weighing instrument 2" Paragraph [0030], lines 1-2)
a weighing of the feed bobbin [the method comprising: calculating an actual weight of the feed bobbin with the controller based on a weighing from the weighing system ("the controller may be provided with a control module, which can receive in real time from the controller a signal reflecting the yarn weight output by the weighting instrument 2" Paragraph [0030], lines 1-2)].
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Annotated Figure 3 of Wang
Wang does not disclose the controller is configured to adjust the thread brake based on a weighing of the feed bobbin [adjusting a setting of the thread brake based on the actual weight] to adjust yarn tension as the feed bobbin decreases in diameter and maintain a constant winding density of the yarn on the bobbin tube during the rewinding process. Brockmanns et al. teaches a winding machine wherein the controller is configured to adjust the thread brake based on a weighing of the feed bobbin [adjusting a setting of the thread brake based on the actual weight] to adjust yarn tension as the feed bobbin decreases in diameter and maintain a constant winding density of the yarn on the bobbin tube during the rewinding process ("the yarn tension or tensile force of the yarn can be preset by means of a yarn brake located between the cross-wound bobbin and the supply package to a value which is below the yarn tension or tensile force of the yarn which develops between supply package and yarn brake at a constant winding speed after the unwinding of a maximum of approximately four-fifths of the yarn amount of the supply package" Column 4, lines 58-65; "the yarn amount can be determined... gravimetrically" Column 3, lines 42-43; "controlling the tension of yarn being wound on a textile winding machine at optimum speed and in a manner that provides uniform quality" Column 1, lines 46-47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device for weighing a feed bobbin of Wang to control the tension as taught by Brockmanns et al., because "controlling the tension of yarn being wound on a textile winding machine at optimum speed… provides uniform quality" (Column 1, lines 46-47; Brockmanns et al.).
Regarding claim 14, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 13, and wherein the weighing system (Figure 3) comprises a force measurement device (2, Fig. 3) arranged between the bobbin mandrel (Bobbin Mandrel, see annotated Figure 3 of Wang, above) and the machine frame (1, Fig. 3; "bottom plate of the winding machine" Paragraph [0028], line 4).
Regarding claims 16 and 17, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 13, and a device for weighing a feed bobbin. Wang does not disclose a feed table fastened in the machine frame, wherein the feed table is adjustable between multiple height positions. Brockmanns et al. teaches a feed table (Feed Table, see annotated Figure 6 of Brockmanns et al., below) fastened in the machine frame (Feed Table is fastened to Machine Frame, See annotated Figure 6 of Brockmanns et al., below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device for weighing a feed bobbin of Wang to add a feed table fastened to the machine frame in order to hold the bobbin in position during the unwinding process.
Neither Wang nor Brockmanns et al., teach the feed table is adjustable between multiple height positions. It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to make the feed table height-adjustable between multiple positions, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954). One would have been motivated to make this modification in order to accommodate feed bobbins of varying sizes.
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Annotated Figure 6 of Brockmanns et al.
Regarding claim 18, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described in claim 13 above, and further comprising an input device in communication with the controller ("an input device for human-computer interaction, such as a keyboard or the display is a touch screen" Paragraph [0029], lines 2-3) to enter specifications of the feed bobbin and winding parameters into the controller ("The controller is provided with a threshold setting module, and the threshold is input and modified according to different types of yarns through an input device for human-computer interaction" Paragraph [0031]).
Regarding claim 19, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 13, and wherein the controller initiates a visual or acoustic signal when a target weight of the feed bobbin is undershot ("When the weight reduction value of the raw yarn roll 3 reaches the standard, the output signal enables the cutter 5 to cut the unwound yarn" Paragraph [0030], lines 4-5; cutter is a visual signal, it is also possible to use the display of paragraph [0029], line 3, as a visual signal).
Regarding claim 21, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 20, and wherein the actual weight is calculated when the winding device is at a standstill for calibration of the method ("Before the winding machine is operated, the corresponding weight value is first calculated according to the required yarn length, and then the threshold value corresponding to the quantitative weight value is set on the display controller" Paragraph [0033], lines 1-3).
Regarding claim 23, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 20, and a method for rewinding yarn.
Wang does not disclose wherein the controller assigns a corresponding draw-off tension to a respective weight of the feed bobbin based on the specification of the feed bobbin input and winding parameters input into the controller. Brockmanns et al., teaches wherein the controller assigns a corresponding draw-off tension to a respective weight of the feed bobbin based on the specification of the feed bobbin input and winding parameters input into the controller ("the yarn tension or tensile force of the yarn can be preset by means of a yarn brake located between the cross-wound bobbin and the supply package to a value which is below the yarn tension or tensile force of the yarn which develops between supply package and yarn brake at a constant winding speed after the unwinding of a maximum of approximately four-fifths of the yarn amount of the supply package" Column 4, lines 58-65; "the yarn amount can be determined... gravimetrically" Column 3, lines 42-43). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method for rewinding yarn of Wang to add the controlled tension as taught by Brockmanns et al. because "controlling the tension of yarn being wound on a textile winding machine at optimum speed and in a manner that provides uniform quality" (Column 1, lines 46-47, Brockmanns et al.).
Regarding claim 24, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 13, and a winding machine ("winding machine" Paragraph [0002], lines 1-2) comprising the device ("the yarn length measuring device is also provided with a weighing instrument and a controller" Paragraph [0009], lines 1-2) according to claim 13.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Foreign Patent Document, CN106006222A in view of Brockmanns et al., US5184786 and Kawamura et al., US4730733.
Regarding claim 15, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 14, and a device for weighing a feed bobbin. Wang does not disclose a damping element provided between the force measurement device and the bobbin mandrel. Kawamura et al. teaches a device for weighing a bobbin, having a damping element ((1067, 1068, Fig. 21) provided between the force measurement device (1069, Fig. 21) and the bobbin mandrel (1056, Figs. 20, 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device for weighing a feed bobbin of Wang, in view of Brockmanns et al., to add the damping element as taught by Kawamura to reduce vibrations of the bobbin which interfere with accurate weight measurement (Column 9, line 37; Kawamura).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Foreign Patent Document, CN106006222A in view of Brockmanns et al., US5184786 and Yang, Foreign Patent Document, CN103981631.
Regarding claim 22, Wang, in view of Brockmanns et al., teaches the invention substantially as claimed as described above in claim 21, and a device for weighing feed bobbins. Wang does not disclose wherein the controller prevents the winding device from restarting when a target weight of the feed bobbin is undershot. Yang teaches a device for weighing a feed bobbin wherein the controller prevents the winding device from restarting when a target weight of the feed bobbin is undershot ("the control unit 7 which can be connected to the start-stop button of the textile machine…when the online weight was equal to or less than the second threshold, the output port of the processor 5 output the alarm signal to the alarm device 6...control unit 7 receives after receiving the shutdown signal from the processor 5, the start-stop button of the textile equipment is controlled to shut down the textile equipment" Paragraph [0032]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device for weighing feed bobbins of Wang to have the controller prevent the winding device from restarting when a target weight of the feed bobbin is undershot as taught by Yang "so as to avoid the waste" and optimize operation of the winding device (Paragraph [0032], line 10; Yang).
Response to Arguments
Applicant's arguments filed 8/18/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case applicant’s argument on pages 7-9 of Remarks filed 8/18/2025, that it would not have been obvious to adjust the thread brake based on a weighing of the feed bobbin to adjust yarn tension as the feed bobbin decreases in diameter and maintain a constant winding density of the yarn on the bobbin tube during the rewinding process, it is noted that Brockmans et al. teaches "the yarn tension or tensile force of the yarn can be preset by means of a yarn brake located between the cross-wound bobbin and the supply package to a value which is below the yarn tension or tensile force of the yarn which develops between supply package and yarn brake at a constant winding speed after the unwinding of a maximum of approximately four-fifths of the yarn amount of the supply package" Column 4, lines 58-65; "the yarn amount can be determined... gravimetrically" Column 3, lines 42-43; This would result in "controlling the tension of yarn being wound on a textile winding machine at optimum speed and in a manner that provides uniform quality" Column 1, lines 46-47, Brockmans et al. Therefore, applicant’s arguments are not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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/K.R.B./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3654