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
The amendment filed on 11/26/2025 has been entered. Claims 1-5 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 11/26/2025.
Specification
The amendment filed 11/26/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: "wherein a length of the horizontal straight track is equal to or longer than a length of a cam" in claim 1.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation "wherein a length of the horizontal straight track is equal to or longer than a length of a cam". However, the original disclosure fails to set forth the feature a length of the horizontal straight track being longer than a length of a cam. The original specification states "[a] buffer time can be adjusted according to implementation, but the buffer time is at least a time interval that the plurality of knitting needles with cutters 231 to be ready for cutting yarn completely passed through the plain stitch cam 271, as disclosed in FIG. 5", which does not necessarily mean the buffer time must be equal to the travel time of each of the knitting needles through the horizontal straight track. Instead, a knitting needle may pause to move between two procedures either at the beginning, the end or in the middle of going through the horizontal straight trac. Also, there may be other possibilities. In addition, Fig. 5 does not support a horizontal straight track being longer than a length of a cam. Therefore, claiming a length of the horizontal straight track being longer than a length of a cam constitutes new matter.
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 102227545 B1) in view of Nuber (US 4,127,013 A).
Regarding claim 1, Lee discloses a circular knitting machine (figs. 2-3; see English translation; paras. 0007, 0031) comprising:
a horizontal needle bed (bed 500; fig. 3; para. 0037) comprising a plurality of first needles (inner needles 410; figs. 3-4; paras. 0031, 0051) and a plurality of first cutters (inner needles 420 each with knife 426; figs. 3-4; para. 0051) spaced at intervals between the plurality of first needles (figs. 3-4; para. 0051); and
a vertical needle bed (bed 200; fig. 3; para. 0037) comprising a plurality of second needles (outer needles 130, 160; figs. 3-4; paras. 0031, 0037) and a plurality of third needles (outer needles 120, 150; figs. 3-4; paras. 0045, 0047) spaced at intervals between the plurality of second needles (figs. 3-4; para. 0043, 0045, 0047), wherein each of the plurality of second needles comprises a latch (latch portions 132, 162; fig. 4; para. 0045, 0047) and a second cutter (needles 130, 160 with cutters 136, 166; figs. 3-4; para. 0045, 0047);
wherein the circular knitting machine is configured to knit a double-sided plush fabric (fig. 10; paras. 0031, 0039) by forming a basic structure (ground portions 12, 14, tuck portion 16; fig. 10; para. 0040) and a first pile loop (inner pile loop for forming pile 30; fig. 10) connecting with the basic structure through the plurality of second needles and the plurality of third needles (by needles 120-130, 150-160; figs. 4, 10; paras. 0040, 0081, 0085, 0113), forming a second pile loop (outer pile loop for forming pile 20; fig. 10) connecting with the basic structure through the plurality of second needles and the plurality of first needles (by fig. 10; paras. 0040, 0113, 0115), cutting the first pile loop (inner pile loop for forming pile 30; fig. 10) by one of the second needles (by needles 130, 160; fig. 4; para. 0081) to form a first plush structure located on a first side of the basic structure (fig. 10; paras. 0081, 0085), and cutting the second pile loop (outer pile loop for forming pile 20; fig. 10) through one of the plurality of the first cutters (by needle 420; fig. 10; paras. 0089, 0101) to form a second plush structure located on a second side of the basic structure (fig. 10; paras. 0089, 0101),
wherein each of the plurality of second needles (outer needles 130, 160; fig. 4) is configured to, before cutting the first pile loop, complete a clearing procedure with the latch thereof (after descending from the position at a top position in cam block 320; figs. 8-9; paras. 0075, 0077) and then pass through a horizontal straight track (horizontal tracks 302, 304 in cam blocks 330, 340; figs. 8-9) to form a buffer time after forming the first pile loop and before cutting the first pile loop (before rising and cutting pile to form inner pile 30 when pass cam block 350; figs. 8-9; para. 0081), wherein a length of the horizontal straight track is equal to or longer than a length of a cam (figs. 8-9).
Lee does not explicitly disclose wherein the circular knitting machine comprising a sinker bed comprising a plurality of sinkers. However, Nuber, in an analogous art, teaches a circular knitting machine (fig. 2; col. 4, ll. 10-14) configured to knit a plush fabric (abstract; col. 1, ll. 8-13) comprising a horizontal needle bed (dial 10; fig. 2; col. 4, ll. 14-30), a vertical needle bed (needle cylinder 9; fig. 2; col. 4, ll. 14-30), and a sinker bed (carrying sinker lamellae 13; fig. 2; col. 4, ll. 23-30) comprising a plurality of sinkers (sinkers; col. 4, ll. 23-30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the circular knitting machine as disclosed by Lee, with wherein the circular knitting machine comprising a sinker bed comprising a plurality of sinkers as taught by Nuber, in order to provide sinkers to cooperate with knitting needles to form knit stitches. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 2, Lee and Nuber, in combination, disclose the circular knitting machine as claimed in claim 1, and Lee further discloses wherein each of the plurality of second needles (outer needles 130, 160; fig. 4) is composed of a latch needle member (latch portions 132, 162; fig. 4; para. 0045, 0047; fig. 4) and a cutter plate (cutters 136, 166; fig. 4).
Regarding claim 3, Lee and Nuber, in combination, disclose the circular knitting machine as claimed in claim 1, and Lee further discloses wherein in each of the plurality of second needles, the second cutter has a horizontal height lower than that of the latch (see figs. 4, 8), and the latch is on a head portion of each of the plurality of second needles (see figs. 4, 8).
Regarding claim 4, Lee and Nuber, in combination, disclose the circular knitting machine as claimed in claim 3, and Lee further discloses wherein the plurality of first needles, the plurality of first cutters, the plurality of second needles and the plurality of third needles are respectively guided to act by a plurality of cams (figs. 8-9).
In addition, Nuber teaches wherein the plurality of sinkers are respectively guided to act by a plurality of cams (col. 6, ll. 44-51). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the plurality of sinkers, with wherein the plurality of sinkers are respectively guided to act by a plurality of cams as taught by Nuber, in order to use a common approach to control the movement of the sinkers. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 5, Lee and Nuber, in combination, disclose the circular knitting machine as claimed in claim 1, and Lee further discloses wherein the plurality of first needles, the plurality of first cutters, the plurality of second needles and the plurality of third needles are respectively guided to act by a plurality of cams (figs. 8-9).
In addition, Nuber teaches wherein the plurality of sinkers are respectively guided to act by a plurality of cams (col. 6, ll. 44-51). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the plurality of sinkers, with wherein the plurality of sinkers are respectively guided to act by a plurality of cams as taught by Nuber, in order to use a common approach to control the movement of the sinkers. Such a configuration is within the level of one of ordinary skill of the art.
Response to Arguments
Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
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 AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732