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 10/7/25 has been entered. Claims 1-11 remain pending in the application. Applicant’s amendments to the (Specification, Drawings, and Claims) have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 10/7/25.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
FIRST REJECTION: Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muto et al (USPN 6937919), herein Muto.
Regarding Claim 1, Muto teaches a non-transitory computer-readable medium storing computer-readable instructions that are executed by a processor of a sewing data generation device (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02); as such, for structure for the method-- see Figs. 1, 2; Col. 6 Line 59 "embroidery data processing apparatus 1…equipped with…control unit 3…keyboard 5"; Col. 7 Lines 44-46 “control 3 is comprised of…CPU 22”; Col. 6 Lines 58, Col. 7 Lines 9-10 "the embroidery data processing apparatus 1…writes embroidery data into the memory card 12"; Col. 7 Line 12 "main body 13 of an embroidering machine 2"; Col. 7 Lines 26-28 "on the right side of the machine's main body 13, a card insertion slot 19 into which the memory card 12 will be inserted is provided", wherein sewing data generation device is 1+2, wherein the memory card being from apparatus 1 indicates that it is a computer-readable medium that stores computer-readable instructions and is non-transitory; see also, especially for processor performing processes-- Col. 7 Lines 21-23 “embroidering machine 2 embroiders a predetermined pattern on the work cloth set in the embroidery frame 17 by driving the needle bar”; Col. 7 Lines 29-35 “embroidery frame movement mechanism 18, the needle bar, and other elements are configured to be controlled by a controller (not shown) comprised of a microcomputer and other components. The controller is configured to be externally supplied with embroidery data via the memory card 12. Thus the controller enables automatic execution of embroidering”, wherein microcomputer indicates processor),
the computer-readable instructions causing the processor to perform processes (Col. 7 Lines 29-35) comprising:
reference acquiring of acquiring a pattern arranged inside a sewing region, and a reference line arranged inside a sewing region, the reference line being a line surrounding the pattern (for sewing region-- see Fig. 1; Col. 7 Lines 12-13 “embroidering machine 2 is constructed of a bed portion 14…on the bed portion 14, an embroidery frame 17 which fastens a work cloth to be embroidered (not shown) is placed”, wherein the work cloth of the frame is the sewing region; for pattern and reference line-- see Figs. 15, 17, 19A; Col. 8 Lines 10-12 "central point C serving as the reference for forming embroidering stitches within the embroidery region 30 is set", wherein pattern is a portion of Fig. 15, such that Fig. 17 shows a reference line 31C surrounding that portion/pattern);
conditions acquiring of acquiring an arrangement condition for arranging a plurality of lines inside the sewing region (see Fig. 17; Col. 8 Lines 13-18 "a process of setting a circle-to-circle spacing change pattern (which will be described later) is performed to regularly change spacing between two adjacent circles of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle", wherein plurality of lines comprise at least 31D-31G); and
data generating of generating sewing data for forming stitches along the plurality of lines (see Figs. 17, 19A; Col. 8 Lines 53-54, 57-67 "creating concentric stitching data….based on the circle-to-circle spacing change pattern…the process executes calculation for creating a plurality of circles 31A to 31J with different radii concentrically around the central point C, as shown in Fig. 17"...subsequently...the process creates stitch points 32...thereby, concentric stitching data is created"),
the plurality of lines being arranged inside the sewing region in accordance with the arrangement condition using the reference line as a reference (see Fig. 17 for at least a portion of lines within sewing region, and lines are spaced according to arrangement condition),
the plurality of lines including a first line, a second line, a third line, and a fourth line (see Fig. 17 for first line as 31D, second line as 31E, third line as 31F, and fourth line as 31G),
the first line being arranged at a position spaced outside the reference line in a predetermined direction by a first distance (see Fig. 17, where 31D is outside 31C),
the second line and the third line being arranged adjacent to each other further in the predetermined direction than the first line (see Fig. 17; Col. 8 Lines 13-18 "a process of setting a circle-to-circle spacing change pattern (which will be described later) is performed to regularly change spacing between two adjacent circles of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle", wherein “increases” indicates claim's "further"),
the second line and the third line being spaced from each other by a second distance (see Fig. 17 for how 31E and 31F are spaced),
the fourth line being arranged at a position spaced from the third line in the predetermined direction by a third distance different from the second distance (see Fig. 17; Col. 8 Lines 14-18 "change pattern (which will be described later) is performed to regularly change spacing between two adjacent circles of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle", wherein “increases” indicates claim's "different", and therefore 31G is spaced from 31F by a distance different from that between 31E and 31F).
Regarding Claim 2, Muto further teaches the non-transitory computer-readable medium according to claim 1, wherein the arrangement condition includes a change condition to set adjacent distances in the predetermined direction according to a first defined pattern (Col. 8 Lines 44-48 "desired circle-to-circle spacing change pattern can be set optionally by the user…monotonic increase or decrease in circle-to-circle spacing of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle"),
the adjacent distances being distances in the predetermined direction between any two of the lines that are adjacent to each other, of the plurality of lines (see Fig. 17), and
the data generating includes setting the first distance, the second distance, and the third distance to mutually different values in accordance with the change condition, and setting the plurality of lines inside the sewing region (see Fig. 17 for inside; Col. 8 Lines 14-18, wherein “increases” indicates mutually different values in accordance with the change condition).
Regarding Claim 3, Muto further teaches the non-transitory computer-readable medium according to claim 2, wherein the condition acquiring includes acquiring, based on operation of an operation portion provided in the sewing data generation device, the arrangement condition including the change condition selected from among an increase condition and a decrease condition (Col. 8 Lines 44-48 "desired circle-to-circle spacing change pattern can be set optionally by the user…monotonic increase or decrease in circle-to-circle spacing of a plurality of concentric circles formed"),
the increase condition increasing the adjacent distances in the predetermined direction according to a second defined pattern (see Col. 8 Lines 44-48),
and the decrease condition decreasing the adjacent distances in the predetermined direction according to a third defined pattern (see Col. 8 Lines 44-48).
Regarding Claim 4, Muto further teaches the non-transitory computer-readable medium according to claim 1, wherein the condition acquiring includes acquiring the arrangement condition including a number of the plurality of lines aligned in the predetermined direction (Col. 8 Line 36 "process calculates the total number of circles N", see Fig. 17 for aligned),
the number being set based on operation of an operation portion provided in the sewing data generation device (operation portion being user setting in Col. 8 Lines 25-26 "process prompts a user to input a density change graph by means of the keyboard 5", wherein keyboard 5 is part of 1 of the sewing data generation device), and
the data generating includes setting, inside the sewing region, the plurality of lines of the number specified by the arrangement condition (see Fig. 17 for result of setting as claimed).
Regarding Claim 5, Muto further teaches the non-transitory computer-readable medium according to claim 1, wherein the data generating includes setting certain ones of the plurality of lines in an annular shape surrounding the reference line, in accordance with the arrangement condition (wherein plurality of lines further include 31A, 31B in addition to 31D-31G; see Figs. 17, 19A for certain ones annular being 31A, 31B; Col. 8 Lines 62-67 Col. 8 Lines 62-67 "process extracts the circles 31A, 31B and arcs of 31C to 31J that fall within the embroidery region 30, as shown in Fig. 18. Subsequently...the process creates stitch points 32 on the circles and arcs extracted...as shown in Fig. [19A]").
Regarding Claim 6, Muto further teaches the non-transitory computer-readable medium according to claim 1, wherein the condition acquiring includes acquiring the arrangement condition including a selected adjacent distance decided based on operation of an operation portion provided in the sewing data generation device (Col. 8 Lines 44-48 "desired circle-to-circle spacing change pattern can be set optionally by the user…monotonic increase or decrease in circle-to-circle spacing of a plurality of concentric circles formed", wherein operation portion is the user setting; as for in sewing data generation device -- Col. 8 Lines 25-26 "process prompts a user to input a density change graph by means of the keyboard 5"; Col. 8 Line 36 "process calculates the total number of circles N"; so the operation portion of user input of a density change graph results in the total number of circles and therefore a selected adjacent distance, since the changes increase), and
the data generating includes setting a distance in the predetermined direction between any selected two of the lines that are adjacent to each other, from among the plurality of lines, as the selected adjacent distance specified by the arrangement condition (Col. 8 Lines 44-48 "desired circle-to-circle spacing change pattern can be set optionally by the user…monotonic increase or decrease in circle-to-circle spacing of a plurality of concentric circles formed", one spacing/distance).
Regarding Claim 7, Muto further teaches the non-transitory computer-readable medium according to claim 2, wherein the condition acquiring includes the arrangement condition including a selected adjacent distance (Col. 8 Lines 44-48 "desired circle-to-circle spacing change pattern can be set optionally by the user…monotonic increase or decrease in circle-to-circle spacing of a plurality of concentric circles formed", one spacing/distance), and
the data generating includes
setting a distance in the predetermined direction between any selected two of the lines that are adjacent to each other, from among the plurality of lines, as the selected adjacent distance specified by the arrangement condition (Col. 8 Lines 44-48, one spacing/distance), and
setting the adjacent distance not set as the selected adjacent distance, in accordance with the selected adjacent distance and the change condition (Col. 8 Lines 44-48, other spacing/distance that is not the previous selected one spacing/distance because of the non-first spacing/distances are different from the first according to the change condition).
Regarding Claim 8, Muto further teaches the non-transitory computer-readable medium according to claim 4, the computer-readable instructions further instruct the processor to perform a process comprising:
arrangement region setting of setting, inside the sewing region, an arrangement region that is the same as the sewing region or smaller than the sewing region, for arranging the plurality of lines (see Figs. 17, 18 for arrangement region setting being same or less than the sewing region), and
the data generating includes arranging the plurality of lines inside the arrangement region (see Fig. 17).
Regarding Claim 9, Muto further teaches the non-transitory computer-readable medium according to claim 8, wherein in a case where a new arrangement region and a new arrangement condition are acquired in a state in which the plurality of lines have been set inside the arrangement region previously set, the data generating includes: re-setting a first portion of each one of the plurality of lines that is inside the new arrangement region in accordance with the new arrangement condition; and maintaining a second portion of each one of plurality of lines that is outside the new arrangement region (Col. 8 Lines 62-67 "process extracts the circles 31A, 31B and arcs of 31C to 31J that fall within the embroidery region 30, as shown in Fig. 18. Subsequently...the process creates stitch points 32 on the circles and arcs extracted...as shown in Fig. [19A]; wherein the new arrangement is the region 30/outline in Fig. 15 shown in Fig. 19A; wherein the creation of stitch points on 31C-31G indicates a re-setting of first portions of each one of the plurality of lines that is found within the outline/region 30; wherein a second portion of 31C-31G found outside the outline/region 30 are maintained/without stitch points).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muto et al (USPN 6937919), herein Muto, as applied to the FIRST REJECTION.
Regarding Claim 10, Muto teaches all the claimed limitations as discussed above in Claim 1.
Muto Fig. 19A does not explicitly teach the reference acquiring includes acquiring, as the reference line, a line selected from among a plurality of candidate reference lines, based on operation of an operation portion provided in the sewing data generation device.
However, Muto Fig. 19A shows a line selected from circles and arcs (see Fig. 19A; Col. 4 Lines 42-44 “Fig. 19A…circles and arcs”).
Muto Fig. 19B teaches a line chosen from ellipses and curves of ellipse arcs (see Fig. 19B; Col. 4 Lines 45-46 “Fig. 19B…ellipses and the curves of ellipse arcs”).
A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Muto such that the reference line was selected from a plurality of candidate reference lines including circles and ellipses based on aesthetic design choice, especially as it is known in the art that concentric shapes can vary (see extrinsic evidence Jones 10702365, such as Figs. 2, 3, Col. 2 Lines 22-26).
SECOND REJECTION: Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muto et al (USPN 6937919), herein Muto, in view of Yamanashi et al (USPN 11180879), herein Yamanashi.
Regarding Claim 11, Muto teaches a sewing machine (see Fig. 1; Col. 7 Line 12 "main body 13 of an embroidering machine 2") comprising:
a needle bar configured to move up and down to form stitches in a sewing object (Col. 7 Line 15 “needle bar”; Muto teaches the needle bar which meets the structural limitations in the claims and performs the functions as recited such as being capable of moving up and down to form stitches in a stewing object, especially in light of Col. 7 Lines 21-23 “embroidering machine 2 embroiders a predetermined pattern on the work cloth set in the embroidery frame 17 by driving the needle bar”);
a processor (Col. 7 Lines 21-23 “embroidering machine 2 embroiders a predetermined pattern on the work cloth set in the embroidery frame 17 by driving the needle bar”; Col. 7 Lines 29-35 “embroidery frame movement mechanism 18, the needle bar, and other elements are configured to be controlled by a controller (not shown) comprised of a microcomputer and other components. The controller is configured to be externally supplied with embroidery data via the memory card 12. Thus the controller enables automatic execution of embroidering”, wherein microcomputer indicates processor); and
a memory storing computer-readable instructions that, when executed by a processor, instruct the processor to perform processes (see Figs. 1, 2; Col. 6 Line 59 "embroidery data processing apparatus 1…equipped with…control unit 3…keyboard 5"; Col. 7 Lines 44-46 “control 3 is comprised of…CPU 22”; Col. 6 Lines 58, Col. 7 Lines 9-10 "the embroidery data processing apparatus 1…writes embroidery data into the memory card 12"; Col. 7 Line 12 "main body 13 of an embroidering machine 2"; Col. 7 Lines 26-28 "on the right side of the machine's main body 13, a card insertion slot 19 into which the memory card 12 will be inserted is provided", wherein sewing data generation device is 1+2, wherein the memory card being from apparatus 1 indicates that it is a computer-readable medium that stores computer-readable instructions; for instructing the processor to perform—Col. 7 Lines 29-35) comprising:
reference acquiring of acquiring a pattern arranged inside a sewing region, and a reference line arranged inside a sewing region, the reference line being a line surrounding the pattern (for sewing region-- see Fig. 1; Col. 7 Lines 12-13 “embroidering machine 2 is constructed of a bed portion 14…on the bed portion 14, an embroidery frame 17 which fastens a work cloth to be embroidered (not shown) is placed”, wherein the work cloth of the frame is the sewing region; for pattern and reference line-- see Figs. 15, 17, 19A; Col. 8 Lines 10-12 "central point C serving as the reference for forming embroidering stitches within the embroidery region 30 is set", wherein pattern is a portion of Fig. 15, such that Fig. 17 shows a reference line 31C surrounding that portion/pattern);
conditions acquiring of acquiring an arrangement condition for arranging a plurality of lines inside the sewing region (see Fig. 17; Col. 8 Lines 13-18 "a process of setting a circle-to-circle spacing change pattern (which will be described later) is performed to regularly change spacing between two adjacent circles of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle", wherein the plurality of lines comprise at least 31D-31G); and
data generating of generating sewing data for forming stitches along the plurality of lines (see Figs. 17, 19A; Col. 8 Lines 53-54, 57-67 "creating concentric stitching data….based on the circle-to-circle spacing change pattern…the process executes calculation for creating a plurality of circles 31A to 31J with different radii concentrically around the central point C, as shown in Fig. 17...subsequently...the process creates stitch points 32...thereby, concentric stitching data is created"),
the plurality of lines being arranged inside the sewing region in accordance with the arrangement condition using the reference line as a reference (see Fig. 17 for at least a portion of lines within sewing region, and lines are spaced according to arrangement condition),
sewing of moving the needle bar in accordance with the sewing data to form stitches along the plurality of lines in the sewing object held by the embroidery frame (Col. 7 Lines 18-21 “embroidery frame 17 is arranged to be moved…by an embroidery frame movement mechanism 18”; Col. 7 Lines 21-23 “embroidering machine 2 embroiders a predetermined pattern on the work cloth set in the embroidery frame 17 by driving the needle bar”; Col. 7 Lines 29-35 “embroidery frame movement mechanism 18, the needle bar, and other elements are configured to be controlled by a controller (not shown) comprised of a microcomputer and other components. The controller is configured to be externally supplied with embroidery data via the memory card 12. Thus the controller enables automatic execution of embroidering”, wherein embroidery data/embroidering indicates sewing data/stitches; wherein work cloth is sewing object; wherein the memory card 12 indicates the sewing is accordance with the sewing data; wherein “work cloth set” indicates “held by”; for along the plurality of lines—see Fig. 19A, Col. 8 Lines 53-54, 57-67 where stitch points 32 are along the lines),
the plurality of lines including a first line, a second line, a third line, and a fourth line (see Fig. 17 for first line as 31D, second line as 31E, third line as 31F, and fourth line as 31G),
the first line being arranged at a position spaced outside the reference line in a predetermined direction by a first distance (see Fig. 17, where 31D is outside 31C),
the second line and the third line being arranged adjacent to each other further in the predetermined direction than the first line (see Fig. 17; Col. 8 Lines 13-18 "a process of setting a circle-to-circle spacing change pattern (which will be described later) is performed to regularly change spacing between two adjacent circles of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle", wherein “increases” indicates claim's "further"),
the second line and the third line being spaced from each other by a second distance (see Fig. 17 for how 31E and 31F are spaced),
the fourth line being arranged at a position spaced from the third line in the predetermined direction by a third distance different from the second distance (see Fig. 17; Col. 8 Lines 14-18 "change pattern (which will be described later) is performed to regularly change spacing between two adjacent circles of a plurality of concentric circles formed, as the distance from the central point C increases up to the outermost circle", wherein “increases” indicates claim's "different", and therefore 31G is spaced from 31F by a distance different from that between 31E and 31F).
Muto does not explicitly teach a holder detachably mounting an embroidery frame,
the holder being configured to move with respect to the needle bar;
sewing of moving the holder to form stitches.
Yamanashi teaches a sewing machine (see Fig. 1; Col. 4 Line 5 "sewing machine 1") comprising:
a needle bar configured to move up and down to form stitches in a sewing object (Col. 5 Lines 9-11 “needle bar 6…configured to form stitches on a sewing object C by moving the needle bar up and down”),
a holder detachably mounting an embroidery frame (Col. 6 Lines 5-7 "embroidery frame 50 is configured to be mounted on and removed from the holder 43"),
the holder being configured to move with respect to the needle bar (Col. 5 Lines 59-61 "movement portion 40 is configured to relatively move the holder 43 with respect to the needle bar 6");
a processor (see Fig. 2; Col. 4 Line 51 "processor 2"),
sewing of moving the holder to form stitches (Col. 5 Lines 59-61; Col. 6 Lines 15-18 “when embroidery sewing is performed…the movement portion 40 is configured to move the embroidery frame 50 mounted on the holder 43”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Muto’s sewing machine with the holder structure and sewing function as taught by Yamanashi as a known structure for a functioning sewing machine.
Response to Arguments
Applicant’s arguments with respect to claims 1-11 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
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 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.
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/GRACE HUANG/Primary Examiner, Art Unit 3732