DETAILED ACTION
Claims 1-20 are pending. Claims 1, 4, 12, and 20 are amended.
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 June 4, 2025. As directed by the amendment: claims 1, 4, 12, and 20 have been amended. Thus, claims 1-20 are presently pending in this application.
Applicant’s amendment to the claims has overcome the 35 USC §112(b) rejections.
Applicant’s amendment to the claims has overcome the 35 USC §102(a)(1) rejections, however, §103 rejections are made as detailed below.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Claim Objections
Claims 1 and 4 are objected to because of the following informalities: claim 1 attempts to delete “groove;” by utilizing double brackets. Double brackets may only be utilized to show deletion of five or fewer consecutive characters (See MPEP 714; 37 CFR 1.121(c)(2)). Claim 4 ends in two periods. Appropriate correction is required.
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.
Claim 1-3, 5, 11, 12, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deschenes et al. (US 5615816) in view of Cooper (US 20130134205).
Regarding claim 1, Deschenes describes an apparatus (see Fig 4) comprising:
a plurality of needle assemblies (needle block 51, 53), each needle assembly comprising:
a needle (needle 49-1, 49-2) defining a channel (see annotated Fig. 7) to (what follows is a recitation of intended use) discharge an attachment medium (ladder stock 11) for (what follows is a recitation of intended use) attaching a first piece of fabric to a second piece of fabric (is an attachment device fully capable of being utilized on fabric);
a framework (mount 33, head 34, Support 35, rack 40-1, pinion 40-2, shaft 40-3, carrier blocks 37, 39) supporting the plurality of needle assemblies; and
a mechanism (severing means, ejector means, col. 3, ll. 7-12, per incorporated by reference US3875648, body 78) configured to:
force insertion of the needle of each needle assembly of the plurality of needle assemblies through the first piece of fabric and the second piece of fabric (as per US 3875648, body 78 is forced downwardly to drive needle tips through material, col. 8, ll. 28-34); and
trigger each needle assembly of the plurality of needle assemblies to simultaneously discharge the attachment medium through the first piece of fabric and the second piece of fabric (simultaneously pushes the two end bars through the needles, col. 1, ll. 16-21, per incorporated reference US 3875648).
Deschenes does not explicitly describe that the framework defining one or more tracks for independently actuating each needle assembly of the plurality of needle assemblies in at least one dimension.
In related art for fastener attachment, Cooper describes the framework (mounting plate 215) defining one or more tracks (openings 221-1 and 221-2) for independently actuating each needle assembly (213-1, 213-2, para. 0071 describing that each is secured by a threaded engagement) of the plurality of needle assemblies in at least one dimension (left and right).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the framework of Deschenes to include the mounting plate and sliding tracks as described in Cooper in order to permit a greater spacing range between the needle assemblies to accommodate larger-scale packaging applications (see para. 0009, Cooper describing that the axle arrangement such as in Deschenes, and 0011 regarding that the space is limited by the axle size and also the width of the module itself, and by utilizing the slides with slots, this shortcoming is obviated).
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Regarding claim 2, Deschenes as modified describes the apparatus of claim 1, wherein the attachment medium (11) comprises at least one connector (attachment 18) to attach the first piece of fabric to the second piece of fabric, the at least one connector comprising:
a first stopper (19);
a second stopper (21); and
a filament (filament 23) spanning between the first stopper and the second stopper, the filament (what follows is a recitation of intended use, the claim is for an apparatus, not a component formed by the apparatus) passing through the first piece of fabric and the second piece of fabric (fully capable of passing through two pieces of fabric, see incorporated by reference US4533076, Fig. 1A).
Regarding claim 3, Deschenes as modified describes the apparatus of claim 2, wherein the attachment medium (11) includes a magazine of connectors, the magazine of connectors comprising:
a belt fed through the groove (sides members 13, 15); and
a plurality of connectors along the belt (cross links 17), where the mechanism triggers discharge of a connector of the plurality of connectors from the belt (severs an attachment to be dispensed through hollow slotted needles, col. 3, ll. 7-11).
Regarding claim 5 apparatus of claim 1, wherein the attachment medium is a stretchable plastic (the claim merely requires a needle to discharge an attachment medium, but does not positively recite that the apparatus includes an attachment medium, thus, further limiting a non-claimed item does not limit the scope of the claims, nevertheless, Deschenes describes utilizing a flexible plastic via an incorporated reference, such as polypropylene which is considered stretchable inasmuch as claimed, col. 1, ll. 30-34).
Regarding claim 11, Deschenes as modified describes the apparatus of claim 1, each needle assembly further comprising:
a needle holder holding the needle upright during activation of the mechanism (the area around the needle holds the needle in place).
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Regarding claim 12, Deschenes describes a system (see Fig. 4) comprising:
a sewing apparatus (everything in Fig. 4 except frame 31) comprising:
a plurality of needle assemblies (needle block 51, 53), each needle assembly comprising:
a needle (needle 49-1, 49-2) defining a channel (see annotated Fig. 7) to (what follows is a recitation of intended use) discharge an attachment medium (ladder stock 11) for (what follows is a recitation of intended use) attaching a first piece of fabric to a second piece of fabric (is an attachment device fully capable of being utilized on fabric);
a framework (mount 33, head 34, Support 35, rack 40-1, pinion 40-2, shaft 40-3, carrier blocks 37, 39) supporting the plurality of needle assemblies; and
a mechanism (severing means, ejector means, col. 3, ll. 7-12, per incorporated by reference US3875648, body 78) configured to:
force insertion of the needle of each needle assembly of the plurality of needle assemblies through the first piece of fabric and the second piece of fabric (as per US 3875648, body 78 is forced downwardly to drive needle tips through material, col. 8, ll. 28-34); and
trigger each needle assembly of the plurality of needle assemblies to simultaneously discharge the attachment medium through the first piece of fabric and the second piece of fabric (simultaneously pushes the two end bars through the needles, col. 1, ll. 16-21, per incorporated reference US 3875648).
Deschenes does not explicitly describe that the framework defining one or more tracks for independently actuating each needle assembly of the plurality of needle assemblies in at least one dimension.
In related art for fastener attachment, Cooper describes the framework (mounting plate 215) defining one or more tracks (openings 221-1 and 221-2) for independently actuating each needle assembly (213-1, 213-2, para. 0071 describing that each is secured by a threaded engagement) of the plurality of needle assemblies in at least one dimension (left and right).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the framework of Deschenes to include the mounting plate and sliding tracks as described in Cooper in order to permit a greater spacing range between the needle assemblies to accommodate larger-scale packaging applications (see para. 0009, Cooper describing that the axle arrangement such as in Deschenes, and 0011 regarding that the space is limited by the axle size and also the width of the module itself, and by utilizing the slides with slots, this shortcoming is obviated).
Regarding claim 20, Deschenes describes a method comprising:
accessing a sewing pattern (determining the width of the component, e.g. button, and thus the corresponding attachment component, col. 1, ll. 34-36 is considered to be “accessing” a sewing pattern inasmuch as claimed);
actuating each needle assembly of a plurality of needle assemblies in at least one dimension to align the plurality of needles as defined by the sewing pattern (are aligned per the particular attachment component size which corresponds with the “sewing pattern” size);
activating a mechanism, the activating the mechanism comprising:
forcing insertion of a needle (needle 49-1, 49-2) of each needle assembly of the plurality of needle assemblies through a first piece of fabric and a second piece of fabric (as per US 3875648, body 78 is forced downwardly to drive needle tips through material, col. 8, ll. 28-34); and
triggering each needle assembly of the plurality of needle assemblies to simultaneously discharge an attachment medium through the first piece of fabric and the second piece of fabric, simultaneously forming a plurality of stitches attaching the first piece of fabric and the second piece of fabric (simultaneously pushes the two end bars through the needles, col. 1, ll. 16-21, per incorporated reference US 3875648).
Deschenes does not explicitly describe independently actuating each needle assembly of the plurality of needle assemblies in at least one dimension.
In related art for fastener attachment, Cooper describes tracks (openings 221-1 and 221-2) for independently actuating each needle assembly (213-1, 213-2, para. 0071 describing that each is secured by a threaded engagement) of the plurality of needle assemblies in at least one dimension (left and right).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the method of Deschenes to include the mounting plate and sliding tracks as described in Cooper in order to permit a greater spacing range between the needle assemblies to accommodate larger-scale packaging applications (see para. 0009, Cooper describing that the axle arrangement such as in Deschenes, and 0011 regarding that the space is limited by the axle size and also the width of the module itself, and by utilizing the slides with slots, this shortcoming is obviated).
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deschenes et al. (US 5615816) in view of Cooper (US 20130134205) and Bone et al. (US 4039078).
Regarding claim 6 Deschenes as modified describes the apparatus of claim 1, each needle assembly in the plurality of needle assemblies further comprising:
a shaft inserted at least partially into the groove of the needle (ejector rod 109). Deschenes as modified does not explicitly describe
the shaft configured to, responsive to an activation of the mechanism, slide further into the groove of the needle to discharge the attachment medium; and
a spring configured to rebound the shaft.
In related art, Bone describes each needle assembly in the plurality of needle assemblies further comprising:
the shaft (needle plungers 103) configured to, responsive to an activation of the mechanism, slide further into the groove of the needle to discharge the attachment medium (forced downward to force end parts out of needle, col. 9, ll. 1-3); and
a spring (spring 106) configured to rebound the shaft.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify Deschenes to include a spring for aiding in retracting the ejection rods. Providing this would allow a quicker and more positive re-setting of the ejection rods and faster application.
Allowable Subject Matter
Claim 7-10, and 13-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 is objected to as being dependent upon a rejected base claim and also has a separate objection, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and rectify the objection to the claim.
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.
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/CLINTON T OSTRUP/Supervisory Patent Examiner, Art Unit 3732