DETAILED ACTION
Claims 1and 2 are pending. Claims 1 and 2 are amended. Claims 3-5 are cancelled.
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
This office action is responsive to the amendment filed on August 24, 2025. As directed by the amendment: claims 1 and 2 have been amended, claims 3-5 have been cancelled. Thus, claims 1 and 2 are presently pending in this application.
Applicant’s amendment to the abstract has overcome the specification objection.
Applicant’s amendment to the claims has overcome the claim objection.
Applicant’s amendment to the claims has overcome the 35 USC §112(b) rejections and introduced others.
Response to Arguments
Applicant's arguments filed August 24, 2025 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Claim Objections
Claim 2 is objected to because of the following informalities: claim 2 recites in line 16, “aligned to each other.an attachment plate; and” such that there is a period and the section “b” includes an attachment plate. The examiner is interpreting this as
“ . . .aligned to each other; and
c) an attachment plate, the attachment plate . . . .”
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 2 is 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 2 recites that the means to secure the table to a sewing machines consists of a, b, and c. Within limitation b, however, the claim further recites that “the means to secure the table to the sewing machine consists of two elongated slots:. This creates confusion because “consists of” is closed language. Thus, the means to secure is restricted to a, b, and c. Within b, however, it appears that the means to secure is redefined to only include two elongated slots. Therefore it is unclear if the means to secure the table consists of a, b, and c, or if the means to secure the table consists of two elongated slots. The examiner suggests deleting “the means to secure the table to the sewing machine consists of” in the first line of limitation b.
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 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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dosch et al. (US 1304750).
Regarding claim 1, Dosch describes a sewing machine table, comprising:
a) a table (cloth plate 70) having a rectangular shape, the table having a top surface and a bottom surface (has a top and bottom surface) and further having a first edge, a second edge a third edge and a fourth edge (see annotated Fig. 2);
b) the table having a rectangular central cutout (aperture 76) defined therein, the rectangular cutout being sized to provide clearance to a slide plate and a throat plate for a sewing machine, the central cutout further having a notch (notch formed by guideways 74) defined therein, the notch being sized to provide clearance to the sewing machine throat plate (fully capable of providing clearance to a throat plate, the claim is merely for a sewing machine table and not a table and sewing machine, therefore the shape of the sewing machine is not claimed);
c) the table further comprising a clearance trim (see annotated Fig. 2 below), the clearance trim being located on the first edge of the sewing machine table the clearance trim being aligned with the rectangular cutout, the notch, the clearance hole, and the attachment plate (is aligned with the various components);
d) the clearance trim is circular (is circular) and configured to accommodate a portion of a sewing machine (is configured to accommodate a portion of a sewing machine); and
e) the table further having a means (screws 79) to secure the table to the sewing machine.
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Allowable Subject Matter
Claim 2 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.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732