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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
“winding device” (see claim 1),
the “cross-wound bobbin” (see claim 1), and
the “overpressure system” (see claim 1; i.e. paragraph 53 states that this feature is “not shown”)
the “suction system” (see claim 4; i.e. paragraph 54 states that this feature is “not shown”)
must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 11 and 15 are 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 11 requires either a machine with a traversing device according to claim 1, or “having a thread guide housing for the thread traversing device.” It is not clear if this claim is meant to depend from claim 1, or if it is meant to cover only a textile machine with a thread guide housing. Does claim 11 require the limitations of claim 1?
Furthermore, the claim 11 recitation “a thread guide housing” is unclear. This limitation is already set forth in claim 1. Is this a new housing, or does this refer to the housing of claim 1?
Claim 15 recites “method according to claim 11,” which does not make sense. Does this recitation refer to claim 12? Is claim 15 supposed to further limit the textile machine of claim 11? Clarity is required.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 fails to further limit the claim from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-5 and 8-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0241225 A1 (hereinafter “Preutenborbeck”) in view of US 4,230,285 A (hereinafter “Lenk”).
Regarding claim 1 Preutenborbeck teaches a thread traversing device for a winding device of a textile machine producing a cross-wound bobbin (8), the thread traversing device comprising:
a thread guide housing (23) having a thread guide (25);
a traversing device (30) designed and arranged to reversibly traverse along a direction of the axis of a cross-wound bobbin to be produced; and
wherein the thread guide housing (23) is designed, and wherein the traversing device (30) is associated with the thread guide housing (23), in such a way that the thread guide (25) reversibly traverses in a work station of the textile machine along a direction of an axis of rotation of the cross-wound bobbin to be produced (par. 3); and
Preutenborbeck fails to teach the fluid pressure system set forth in claim 1.
Lenk teaches a thread guiding system (see 5/6/10/etc.). Lenk further teaches at least one overpressure system (see figs. 3-4) having at least one fluid guide (12a);
wherein a thread guide housing (11) can be brought into fluidic communication with the at least one fluid guide (12a) in order to apply overpressure to the thread guide housing (11), and
wherein at least one defined exit point (6) is designed and arranged in such a way that fluid can be diverted through the at least one defined exit point (6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the overpressure fluid system of Lenk to the guide of Preutenborbeck with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to clear out fibers, etc. from the housing of Preutenborbeck.
Regarding claim 2 modified Preutenborbeck teaches the above device, and further teaches wherein pressurized fluid is applied to the thread guide housing (Preutenborbeck 23) via at least one pressurized fluid connection (Lenk 16) in such a way that the pressurized fluid is applied to an interior of the thread guide housing (Preutenborbeck 23).
Regarding claim 3 modified Preutenborbeck teaches the above device, and further teaches wherein the at least one defined exit point (Lenk 6) is designed to allow pressurized fluid introduced into an interior of the thread guide housing (Preutenborbeck 23) to escape in a defined manner in order to form a defined pressurized fluid flow in the interior of the thread guide housing (Preutenborbeck 23).
Regarding claim 4 modified Preutenborbeck teaches the above device, and further teaches wherein the at least one exit point (Lenk 6) is a suction point (i.e. low pressure outside Lenk 6, with high pressure inside) designed to be connected to a suction system in order to extract pressurized fluid from an interior of the thread guide housing (Preutenborbeck 23) in a defined manner via the suction point (Lenk 6) in order to form a defined fluid flow in the interior of the thread guide housing (Preutenborbeck 23).
Regarding claim 5 modified Preutenborbeck teaches the above device, and further teaches wherein the at least one defined exit point (Lenk 6) is arranged and designed in such a way as to form a defined pressurized fluid flow which blows the thread guide (Preutenborbeck 25).
Regarding claim 8 modified Preutenborbeck teaches the above device, and further teaches wherein:
a thread guide cover (Preutenborbeck 16) is formed and arranged relative to the thread guide (Preutenborbeck 25) in such a way as to shield (at least part of) at least one axis (A) starting from the cross-wound bobbin (Preutenborbeck 8) to the thread guide (Preutenborbeck 25).
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Regarding claim 9 modified Preutenborbeck teaches the above device, and further teaches wherein the traversing device (Preutenborbeck 30) comprises (is) a pulling device (belt) which can be driven so as to carry out a traversing movement; and
a sealing lip (32) is designed and arranged so to at least partially grip the pulling device (belt 30) in a region in order to reduce interaction with an outer region of the thread guide housing (23).
Regarding claim 10 modified Preutenborbeck teaches the above device, including the thread guide housing (Preutenborbeck 23) for a thread traversing device (Preutenborbeck 30).
Regarding claim 11 modified Preutenborbeck teaches the above device, and further teaches a textile machine (Preutenborbeck fig. 1).
Regarding claim 12 modified Preutenborbeck teaches the above device, and further teaches a method for cleaning the thread guide housing (Preutenborbeck 23) , the method comprising:
- establishing fluidic communication between at least one overpressure system (Lenk fig. 3; i.e. “compressed air” inlet) and the thread guide housing (Preutenborbeck 23); and
- applying overpressure to the thread guide housing (Preutenborbeck 23; i.e. via Lenk); and
- discharging the overpressure through the at least one defined exit point (Lenk 6).
Regarding claim 13 modified Preutenborbeck teaches the above method, and further teaches wherein cleaning cycles are predefined relative to a pending thread connection (i.e. air is blown in the same direction always, relative to the thread connection area of the machine) after an intervention, wherein the intervention is a cleaning intervention (i.e. cleanings happen on successive winding operations).
Regarding claim 14 modified Preutenborbeck teaches the above method, but it is not clear if the combination would have variation in the intensity of the cleaning. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the intensity of any desirable amount, including differing amounts for various thread weights, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to allow for differing threads to be used in the invention, and still maintain appropriate cleanliness.
Regarding claim 15 modified Preutenborbeck teaches the above method, and further teaches wherein cleaning takes place when the thread is running (as per Lenk).
Regarding claim 16 modified Preutenborbeck teaches the above method, and further teaches a control device (Preutenborbeck paragraph 21) designed and configured to carry out the method (see combination advanced above).
Allowable Subject Matter
Claims 6-7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Such references show various forms of apparatus which comprise at least one similar feature to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel L Adams whose telephone number is (571)272-4830. The examiner can normally be reached M-F 8-4 Pacific Time.
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, Victoria P Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL L ADAMS/Examiner, Art Unit 3654