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 .
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.
Claim(s) 1-8, 10-12 & 16-19is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al. (U.S. Publication Number 2021/0246586) in view f Nishina (U.S. Patent Number 4,419,945).
Referring to claim 1, Hayes et al. discloses a sewing simulator apparatus adapted for use with a sewing machine, the sewing simulator apparatus comprising: a tracing tool configured to be selectively coupled to a head of the sewing machine (Figures 1B-1D), the tracing tool comprising: a tracing instrument configured to mark a surface (paragraph 0022 & 23); a tracing-instrument holder configured to support the tracing instrument in a tracing position in which the tracing instrument extends at an angle relative to a needle bar axis of the sewing machine with a tip of the tracing instrument located adjacent to a sewing machine bed included in the sewing machine (Figures 1B-1D); and a holder mount that extends from the tracing-instrument holder and selectively couples to the head of the sewing machine to fix the tracing instrument for movement therewith so that when an operator maneuvers the sewing machine the tracing instrument follows the motion of the head of the sewing machine (Figs. 1B & 1D) and a practice template having practice lines configured to be traced by the operator with the tracing instrument of the tracing tool to allow the operator to practice sewing with the sewing machine (paragraph 0022). Hayes et al. does not disclose a tracing tool coupled to a head of the sewing machine. However, Nishina teaches a tracing tool coupled to a head of the sewing machine (Figs 1 & 3). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a tracing tool coupled to a head of the sewing machine, as disclosed by Nishina, incorporated into Hayes et al. in order to trace the desired pattern.
Referring to claim 2, Hayes et al. discloses wherein the tracing-instrument holder comprises: a holder base shaped to include a tracing-instrument receiving aperture that extends therethrough (Figures 1B-1D); and a tracing-instrument lock coupled to holder base and configured to change between an unlocked position in which the tracing instrument is completely free to move relative to the tracing-instrument holder and a locked position in which the tracing-instrument lock engages the tracing instrument to partially block movement of the tracing instrument relative to the tracing-instrument holder while in the tracing instrument is in tracing-instrument receiving aperture (Figures 1B-1D).
Referring to claim 3, Hayes et al. discloses wherein the tracing-instrument holder comprises: a holder extension that extends from a first side surface of the holder base facing the sewing machine bed and forms a portion of the tracing-instrument receiving aperture to increase the support of the tracing instrument (Figures 1B-1D), and wherein the tracing-instrument lock is coupled a second side surface of the holder base facing away from the sewing machine bed (Figures 1B-1D).
Referring to claim 4, Hayes et al. discloses wherein the holder mount includes a mount flange that extends from the tracing-instrument holder to the head of the sewing machine and a fastener that extends through the tracing-instrument holder and the mount flange into the head of the sewing machine (Figures 1B-1D).
Referring to claim 5, Hayes et al. discloses wherein the practice lines of the practice template are a desired pattern to be sewn with the sewing machine (paragraphs 0019 & 0022-0024).
Referring to claim 6, Hayes et al. discloses wherein the practice template is transparent and configured to be reused (paragraph 0043 & base 110).
Referring to claim 7, Hayes et al. discloses and teaches wherein the tracing instrument is one of a marker, pen, and a pencil (50).
Referring to claim 8, Hayes et al. discloses wherein the holder mount includes a mount flange that extends from the tracing-instrument holder to the head of the sewing machine and a fastener that extends through the tracing-instrument holder and the mount flange into the head of the sewing machine (Figures 1B-1D).
Referring to claim 10, Hayes et al. discloses comprising: providing a tracing tool configured to be selectively coupled to a head of the sewing machine and a practice template having practice lines configured to be traced with the tracing tool, the tracing tool comprising a tracing instrument configured to mark a surface, a tracing-instrument holder configured to support the tracing instrument in a tracing position, and a holder mount that extends from the tracing-instrument holder (Figs. 1B-1D, paragraph 0022 & 23); coupling the holder mount of the tracing tool to the head of the sewing machine to fix the tracing instrument for movement therewith (Figs. 1B-1D); inserting the tracing instrument into a tracing-instrument receiving aperture formed in the tracing-instrument holder so that the tracing instrument is in the tracing position in which the tracing instrument extends at an angle relative to a needle bar axis of the sewing machine with a tip of the tracing instrument located adjacent to a sewing machine bed included in the sewing machine (Figs. 1B-1D), placing the practice template under the head of the sewing machine so that the tip of the tracing instrument overlies the practice template (Figs. 1B-1D), and moving the sewing machine so that the tip of the tracing instrument follows the practice lines on the practice template and makes a first tracing mark that substantially matches the practice lines on the practice template (Figs. 1B-1D).
Referring to claim 11, Hayes et al. discloses further comprising: erasing the first tracing mark from the practice template after completing the first tracing mark (paragraph 0042); and repeating the step of moving the sewing machine so that the tip of the tracing instrument follows the practice lines on the practice template and makes a second tracing mark that substantially matches the practice lines on the practice template (Figs. 1B & 1D).
Referring to claim 12, Hayes et al. discloses further comprising: removing the tracing instrument from the tracing-instrument receiving aperture (Figs. 1B-1D); removing the practice template out from under the head of the sewing machine (Figs. 1B-1D); coupling a needle to a needle bar included on the sewing machine (Figs. 1B-1D); moving the sewing machine in the same manner following the practice lines on the practice template (Figs. 1B-1D).
Referring to claim 16, Hayes et al. discloses wherein the holder mount comprises: a mount flange that extends from the tracing-instrument holder (Figs 1B-1D); and a fastener (Figs. 1B-1D), and wherein coupling the holder mount of the tracing tool to the head of the sewing machine includes inserting the fastener through the tracing-instrument holder and the mount flange into the head of the sewing machine (Figs. 1B-1D).
Referring to claim 17, Hayes et al. discloses wherein the practice lines of the practice template are a desired pattern to be sewn with the sewing machine (Figs. 1B-1D).
Referring to claim 18, Hayes et al. discloses wherein the practice template is transparent (paragraph 0043).
Referring to claim 19, Hayes et al. discloses wherein the tracing instrument is one of a marker, pen, and a pencil (50).
Claim(s) 9 & 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al./Nishina and further in view of Taizhou (CN 203569329 U).
Referring to claim 9, Hayes et al. discloses the sewing simulator apparatus of any one of claims 1-4. Hayes et al. does not disclose wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine (abstract). However, Taizhou teaches wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine (abstract). It would have been obvious to one of ordinary skill in the art at the time the invention was made to include wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine, as disclosed by Taizhou, incorporated into Hayes et al. in order to keep breaking do easily or to not cause damage.
Referring to claim 15, Hayes et al. discloses the method of claim 10. Hayes et al. does not disclose wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine. However, Taizhou teaches wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine (abstract). It would have been obvious to one of ordinary skill in the art at the time the invention was made to include wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine, as disclosed by Taizhou, incorporated into Hayes et al. in order for the instrument to move up and down easily.
Claim(s) 1-5 & 7-9 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Taizhou (CN 203569329 U) in view of Makino et al. (U.S. Patent Number 7,836,838).
Please note: Nishina can be used to provide the same claim limitation as above.
Referring to claim 1, Taizhou discloses a sewing simulator apparatus adapted for use with a sewing machine, the sewing simulator apparatus comprising: a tracing tool configured to be selectively coupled to a head of the sewing machine (Figure), the tracing tool comprising: a tracing instrument configured to mark a surface (Figure – 40); a tracing-instrument holder configured to support the tracing instrument in a tracing position in which the tracing instrument extends at an angle relative to a needle bar axis of the sewing machine with a tip of the tracing instrument located adjacent to a sewing machine bed included in the sewing machine (Figure); and a holder mount that extends from the tracing-instrument holder and selectively couples to the head of the sewing machine to fix the tracing instrument for movement therewith so that when an operator maneuvers the sewing machine the tracing instrument follows the motion of the head of the sewing machine (100 &/or 120). Taizhou does not disclose a practice template having practice lines configured to be traced by the operator with the tracing instrument of the tracing tool to allow the operator to practice sewing with the sewing machine. However, Makino et al. teaches a practice template having practice lines configured to be traced by the operator with the tracing instrument of the tracing tool to allow the operator to practice sewing with the sewing machine (Figs. 6, 7, 10, 12). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a practice template having practice lines configured to be traced by the operator with the tracing instrument of the tracing tool to allow the operator to practice sewing with the sewing machine, as disclosed by Makino et al., incorporated into Taizhou in order to have a practice mode on the sewing machine.
Referring to claim 2, Taizhou discloses wherein the tracing-instrument holder comprises: a holder base shaped to include a tracing-instrument receiving aperture that extends therethrough (Figure); and a tracing-instrument lock coupled to holder base and configured to change between an unlocked position in which the tracing instrument is completely free to move relative to the tracing-instrument holder and a locked position in which the tracing-instrument lock engages the tracing instrument to partially block movement of the tracing instrument relative to the tracing-instrument holder while in the tracing instrument is in tracing-instrument receiving aperture (Figure).
Referring to claim 3, Taizhou discloses wherein the tracing-instrument holder comprises: a holder extension that extends from a first side surface of the holder base facing the sewing machine bed and forms a portion of the tracing-instrument receiving aperture to increase the support of the tracing instrument (Figure), and wherein the tracing-instrument lock is coupled a second side surface of the holder base facing away from the sewing machine bed (Figure).
Referring to claim 4, Taizhou discloses wherein the holder mount includes a mount flange that extends from the tracing-instrument holder to the head of the sewing machine and a fastener that extends through the tracing-instrument holder and the mount flange into the head of the sewing machine (Figure & 120).
Referring to claim 5, Taizhou, as modified by Makino et al., teaches wherein the practice lines of the practice template are a desired pattern to be sewn with the sewing machine (Figs. 6, 7, 10 & 12 of Makino et al.).
Referring to claim 7, Taizhou, as modified by Makino et al., discloses and teaches wherein the tracing instrument is one of a marker, pen, and a pencil (pen and/or marker is disclosed in both references).
Referring to claim 8, Taizhou discloses wherein the holder mount includes a mount flange that extends from the tracing-instrument holder to the head of the sewing machine and a fastener that extends through the tracing-instrument holder and the mount flange into the head of the sewing machine (Figure).
Referring to claim 9, Taizhou discloses wherein tracing instrument is spring-biased toward the sewing machine bed so that the tip of the tracing instrument stays in contact with the practice template while the use moves the sewing machine (abstract).
Claim(s) 13 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al. in view of Brunner et al. (U.S. Patent Number 8,281,726).
Referring to claim 13, Hayes et al. discloses the method of claim 10. Hayes et al. does not disclose further comprising: locking the tracing instrument to the tracing-instrument holder after inserting the tracing instrument into the tracing-instrument receiving aperture so that the tracing-instrument is partially blocked for movement relative to the tracing-instrument holder. Brunner et al. teaches further comprising: locking the tracing instrument to the tracing-instrument holder after inserting the tracing instrument into the tracing-instrument receiving aperture so that the tracing-instrument is partially blocked for movement relative to the tracing-instrument holder (column 4 line 51-column 5 line 62 and Locking ring 37). It would have been obvious to one of ordinary skill in the art at the time the invention was filed further comprising: locking the tracing instrument to the tracing-instrument holder after inserting the tracing instrument into the tracing-instrument receiving aperture so that the tracing-instrument is partially blocked for movement relative to the tracing-instrument holder, as disclosed by Brunner et al., incorporated into Hayes et al. in order to keep things in place.
Referring to claim 14, Hayes et al., as modified by Brunner et al., teaches wherein the tracing-instrument holder comprises: a holder base shaped to include the tracing-instrument receiving aperture (Figs. 1B-1D of Hayes et al.); and a tracing-instrument lock coupled to holder base and configured to change between an unlocked position in which the tracing-instrument is free to move relative to the tracing-instrument holder and a locked position in which the tracing-instrument lock engages the tracing instrument to partially block movement of the tracing instrument relative to the tracing-instrument holder while in the tracing instrument is in tracing-instrument receiving aperture ((column 4 line 51-column 5 line 62 and Locking ring 37 of Brunner et al.) and wherein locking the tracing instrument to the tracing-instrument holder includes changing the tracing-instrument lock from the unlocked position to the locked position (column 4 line 51-column 5 line 62 and Locking ring 37 of Brunner et al.).
Response to Arguments
Applicant’s arguments, see amended claims 10 & 11, filed 6/8/2026, with respect to 35 USC 112 second paragraph have been fully considered and are persuasive. The rejection of claims 10-19 have been withdrawn.
Applicant’s arguments, see amended claims 9 & 15, filed 6/8/2026, with respect to Claim Objections have been fully considered and are persuasive. The claim objections of 9 & 15 have been withdrawn.
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715
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