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 .
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-24 in the reply filed on February 20, 2026 is acknowledged.
Claims 25-31 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 25-31 cancelled by applicant without prejudice, disclaimer and without traverse. Applicant has added new claims 32-38.
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.
Claim(s) 1, 10 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shang (CN114434940A) with machine translation.
Regarding Claim 1, Shang anticipates a first section configured to releasably hold at least a first portion of a fabric item onto a surface of the first section (Figs. 1-3 paragraphs [0007] [0040] second adsorption plate – 21 with second adsorption cavity communicating with vacuum device, so it’s releasable, see paragraph [0075]).;
a second section configured to releasably hold at least a second portion of the fabric item onto a surface of the second section (Figs. 1-3 paragraphs [0006] [0039] first adsorption mechanism – 1 with first adsorption plate – 11 with first adsorption cavity communicating with vacuum device, so it’s releasable); where the first section is mapped to the second adsorption plate of Shang and the second section is mapped to the first adsorption plate of Shang since the first adsorption plate of Shang is configured to rotate, and
one or more first actuators coupled to the second section (Figs. 1-3 paragraph [0056] drive component – 8) and configured to rotate the second section toward the first section to fold the second portion of the fabric item onto the first portion of the fabric item (Figs. 1-3 paragraph [0060] first adsorption mechanism – 1 (second section) moves around the rotating shaft – 3) and to press the first portion of the fabric item and the second portion of the fabric item together to join the first and second portions of the fabric item (Fig.3 paragraph [0060] weight of first adsorption mechanism – 1 descends and presses down until the fabric on the adsorption plate – 11 is in contact with the fabric on the second adsorption plate – 21).
Regarding Claim 10, Shang anticipates all the limitations of claim 1 and further anticipates one or more additional sections configured to releasably hold one or more additional portions of the fabric item (Fig. 1 paragraphs [0002] [0063] multiple adsorption mechanisms, including the first adsorption mechanism – 1 and the second adsorption mechanism, can be set up to produce multiple composite fabrics simultaneously); and
one or more additional actuators coupled to the one or more additional sections and configured to rotate the one or more additional sections to fold the one or more additional portions of the fabric item onto one or more other portions of the fabric item (Figs. 3, 7-9 paragraphs [0056] [0082]-[0083] drive component – 8 is a cylinder or a motor with drive shaft connected to support rod – 7 which moves downward the first adsorption mechanism – 1 (second section) and this is rotated until the device is in the composite state after placement of fabrics on the first adsorption plate – 11 and the second adsorption plate – 21).
Regarding Claim 18, Shang anticipates all the limitations of claim 1 and further anticipates a controller configured to send control signals to the one or more first actuators during manufacturing of the fabric item that includes the first portion and the second portion (Figs. 7-9 paragraphs [0076] [0077] moving drive component – 25 is driven continuously where movement of the sealing component can be controlled by operating the start and stop buttons without having to frequently start the motor, which can be kept running).
Regarding Claim 19, Shang anticipates all the limitations of claim 1 and further anticipates that the fabric item is a garment (paragraph [0001]).
Regarding Claim 20, Shang anticipates all the limitations of claim 1 and further anticipates that the first section, the second section, or both, further comprise a retention mechanism to releasably hold the first portion of the fabric item, the second portion of the fabric item, or both, wherein the retention mechanism includes one or more of:
a vacuum assembly,
a fold down frame assembly,
a hook and loop fastener assembly, or
a releasable adhesive assembly.
whereby Shang comprises a vacuum assembly to releasably holds both the first and second portions of the fabric item (Fig. s paragraph [0044] when vacuum is applied the first adsorption chamber, and the second adsorption chamber are in a vacuum state and the first adsorption plate – 11 and the second adsorption plate – 21 can generate suction to adsorb the fabric on them).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Tian (CN218704460U) with machine translation.
Regarding Claim 2, Shang anticipates all the limitations of claim 1 but does not disclose one or more third sections releasably holding one or more third portions of fabric and configured to be rotated onto the first, second or both portions of the fabric item.
Tian discloses, in an analogous art, a flexible folding packaging device for textile products (paragraph [0001]), one or more third sections configured to releasably hold one or more third portions of the fabric item to respective surfaces of the one or more third sections (Figs. 1-2 paragraphs [0004] ]0019] a first flipping mechanism – 1 and second flipping mechanism – 2 provided with flip plates – 1a for vacuum adsorption, - vacuum adsorption holes – 1c);
one or more second actuators coupled to the one or more third sections and configured to rotate the one or more third sections to fold the one or more third portions of the fabric item onto the first portion of the fabric item, the second portion of the fabric item, or both, to position the one or more third portions of the fabric item (for formation of a joint (Figs. 1, 2 paragraph [0017] two rocker arms of the U-shaped connector – 1b are hinged to a rotating shaft passing through the platform – 3 whereby the rotating shaft is driven by a motor drive or belt drive method).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Shang with the teachings of Tian, whereby a fabric joining device with a first section and a second section such that the second section is rotated by one or more first actuators coupled to it in order to fold and join the fabric portion of the second section to the fabric portion of the first section which are releasably held, as disclosed by Shang, would also include one or more third sections which are rotated to fold the one or more third fabric portions of the third sections onto the first, second or both fabric portions to position the one or more third portions, as taught by Tian, for formation of the joint.
One with ordinary skill in the art would be motivated to use this feature because this added third or more section provides greater flexibility and efficiency by incorporating a dual-axis direction with a combination of folding and joining (paragraphs [0012] [0017]).
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shang (CN114434940A) with machine translation and Tian (CN218704460U) with machine translation as applied to claim 2 above, and further in view of Horie (JP2014180641A) with machine translation.
Regarding Claim 3, the combination of Shang and Tian disclose all the limitations of claim 2 and while Tian further discloses that the one or more third sections include two or more third sections (paragraph [0006] two flipping mechanisms that can be incorporated into the rotating first and second sections of a fabric joining device, as disclosed by Shang), however, neither Shang nor Tian disclose a spacer disposed between two sections of the two or more third sections.
Horie discloses in an analogous art, a method of manufacturing a filtering material whereby a pleated base roll is bonded to a base layer and whereby a filter material is bent in one portion and is flat in the area of the filter material roll that is not bent (Fig. 1, paragraphs [0001] [0007]). Horie further discloses a spacer that is disposed between two fabric portions (Fig. 4 paragraph [0007] a plurality of spacing-holding portions are formed between each flat portion on one side and the other side of the filter material roll to maintain the spacing between adjacent bent portions where the flat portion comprises a bonded portion and an unbonded portion).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Shang and Tian with the teaching of Horie whereby the one or more third section that include two or more third sections would further comprise a spacer disposed between two section of the two or more third sections.
The skilled artisan would utilize this spacer feature because these non-bonded areas formed by the spacers would prevent any part of the fabric from blocking these areas and yet allow air through giving higher breathability than the bonded areas (paragraph [0008]).
Regarding Claim 4, the combination of Shang, Tian and Horie disclose all the limitations of claim 3 and Tian discloses that two sections of the two or more third sections rotate about non-parallel axes of rotation (Fig. 1 paragraph [0004] first flipping mechanism flips along the X-axis and second flipping mechanism flips along the Y-axis).
Regarding Claim 5, the combination of Shang, Tian and Horie disclose all the limitations of claim 3, and Horie further discloses that the spacer has a wedge shape (Figs. 3a, 4 where the spacing-holding portions – 3 appear to be wedge-shaped).
Regarding Claim 6, the combination of Shang, Tian and Horie disclose all the limitations of claim 3 and while Horie discloses a spacer and Shang/Tian disclose a rotation of two sections of the two or more third sections, none of these references explicitly disclose that the spacer is sized to provide a target offset distance between axes of rotation of two sections of the two or more third sections.
However, it is well settled that the intended use of a claimed apparatus is not germane to the issue of the patentability of the claimed structure. If the prior art structure is capable of performing the claimed use, then it meets the claim. In re Casey, 152 USPQ 235, 238 (CCPA 1967); In re Otto, 136 USPQ 459 (CCPA 1963). The manner or method in which a machine is to be utilized is not germane to the issue of patentability of the machine itself, In re Casey 152 USPQ 235.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Horie (JP2014180641A) with machine translation
Regarding Claim 7, Shang anticipates all the limitations of claim 1 and further anticipates that the one or more first actuators are configured to apply a pressure to a joint region of the second portion of the fabric item and a joint region of the first portion of the fabric item to form a joint therebetween (Figs. 2,3 paragraphs [0056] [0060] drive component – 8 is a cylinder or a motor; support rod – 7 descend because the lifting shaft – 4 moves downward relative to the second adsorption chamber where moving until the fabric on the first adsorption plate – 11 and the fabric on the second adsorption plate – 21 are in contact), however, Shang does not disclose the presence and use of a spacer.
Horie discloses in an analogous art, a method of manufacturing a filtering material whereby a pleated base roll is bonded to a base layer and whereby a filter material is bent in one portion and is flat in the area of the filter material roll that is not bent (Fig. 1, paragraphs [0001] [0007]). Horie further discloses a spacer that is positioned/disposed between two fabric portions (Fig. 4 paragraph [0007] a plurality of spacing-holding portions are formed between each flat portion on one side and the other side of the filter material roll to maintain the spacing between adjacent bent portions where the flat portion comprises a bonded portion and an unbonded portion).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Shang and Tian with the teaching of Horie whereby one or more first actuators configured to apply a pressure to a joint region of the second portion of the fabric item and a joint region of the first portion of the fabric item to form a joint would further include a spacer positioned with respect to the first section and the second section to support a non-joint region of the first portion of the fabric item, a non-joint region of the second portion of the fabric item, or both.
The skilled artisan would utilize this spacer feature because these non-bonded areas formed by the spacers would prevent any part of the fabric from blocking these areas and yet allow air through giving higher breathability than the bonded areas (paragraph [0008]).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Horie (JP2014180641A) with machine translation as applied to claim 7 above, and further in view of Mauz (US 2016/0222663 A1).
Regarding Claims 8 and 9, the combination of Shang and Horie disclose all the limitations of claim 7 but does not explicitly disclose that an axis of rotation of the second section passes through the spacer.
Mauz discloses a spacer for a reinforcement layer for a concrete component (abs) which include textile reinforcement layers which can be bonded or woven fabrics (paragraphs [0079] [0080]). This spacer is considered to be useful for reinforcement by the application of torque to the principal axis of rotation and is applied predominantly in the axial direction (paragraph [0010]). The spacer acts as a connecting element between two layers (Fig. 3 paragraphs [0016] [0066] principal axis of rotation – 4).
It would have been obvious to one with ordinary skill to have modified the combination of Shang and Horie with Mauz whereby an axis of rotation of the second section passes through the spacer. The one with ordinary skill would be motivated because in the case of the second section the axis of rotation of spacer would run through the vertical direction and would cause the securing of the two fabric to be in line with each other and having the axis of rotation of the second section aligned with the edge of the spacer provided further fabric alignment (paragraph [0039]).
11. Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Park (US 2018/0201005 A1).
Regarding Claim 11, Shang anticipates all the limitations of claim 1 but does not disclose an adhesive applicator configured to apply an adhesive to a first joint region of the first portion of the fabric item.
Park teaches in a method for seamlessly combining fabrics in a seamless manner by means of at least one bonding pattern line by printing and drying a heat-reactive adhesive on the inner surface of an inner fabric and/or an outer fabric (abs), an adhesive applicator is configured to apply an adhesive to the inner fabric and/or outer fabric in a predetermined pattern (Fig. 1A, 1B; paragraphs [0108] [0126] [0228] liquid adhesive or adhesive composition can be printed or coated on a fabric, where the inner fabric and the outer fabric correlate to a first portion and second portion of the fabric item of the first portion of the fabric item, to a second joint region of the second portion of the fabric item, or both; adhesive is printed on either one of the first fabric and second fabric or on both of them) such that pressing together the first portion of the fabric item and the second portion of the fabric item adheres the first joint region and the second joint region to form a joint therebetween (Figs. 11A, 11B paragraph [0033] first purpose of invention is to form a bonding pattern line under pressing using an adhesive)..
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Shang and Tian with the teaching of Park whereby before the rotation of the second section of Shang/Tian an adhesive is applied to a first joint region of the first portion of the fabric time (second portion on second adsorption plate), or applied to a second joint region of the second portion of the fabric item (first portion on first adsorption plate) or both, such that, as taught in Park, pressing the first portion and the second portion of the fabric item adheres the first joint region and the second joint region to form a joint therebetween.
The skilled artisan would be motivated to add this feature because it provides a seamless combining method for fabrics composed of a bonding line with excellent adhesiveness and durability and a pattern line with aesthetical excellency due to its clearness and good finishing quality (paragraph [0016]).
Regarding Claim 12, the combination of Shang, Tian and Park disclose all the limitations of claim 11 and Park further discloses a curing system configured to cure the adhesive at the joint (paragraph [0157] high frequency bonding).
Regarding Claim 13, the combination of Shang, Tian and Park disclose all the limitations of claim 12 and Park further discloses the curing system is configured to apply heat, light, pressure, or a combination thereof, to the joint to cure the adhesive (paragraph [0157] high frequency heating, fabrics are heated and pressed along the pressing pattern).
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Couch (WO 02/040765 A2).
Regarding Claim 14, Shang anticipates all the limitations of claim 1 but does not disclose that the first, second or both section comprise alignment indicia.
Couch discloses, in the same field of endeavor, the first section, the second section, or both, further comprise alignment indicia indicating edge positions, fold positions, or both (p. 8 3rd paragraph ll. 3-6 operator detectable indicia; folding…relative positioning).
It would have been obvious to one with ordinary skill to have modified Shang with Couch whereby the first section, the second section, or both further comprise alignment indicia indicating edge positions, fold positions or both. This would be considered an improvement because now stacks of fabric automated systems such as robotic can now be employed (p.6 1st paragraph ll. 9-13).
Regarding Claim 15, the combination of Shang and Couch disclose all the limitations of claim 14 and Couch further discloses a placement apparatus configured to place the first portion of the fabric item, the second portion of the fabric item, or both, based on the alignment indicia (p. 22 1st paragraph ll. l-6 when two components are to be interconnected together, the edge of the first piece is appropriately positioned on the second piece and is tolerance bound to a line printed on the second piece).
Regarding Claim 16, the combination of Shang and Couch disclose all the limitations of claim 15 and Couch further discloses an alignment sensor configured to generate sensor data (p. 8 3rd paragraph ll. 1-3 article components are strategically imprinted with sensor …indicia) indicating a first position of the first portion of the fabric item relative to the alignment indicia, a second position of the second portion of the fabric item relative to the alignment indicia, or both (p.19 2nd paragraph ll. 3-7 correct folding and edge positioning is monitored continuously…the optical scanners are synchronized with the sewing machine feeders to capture images during the non-movement phase of the operation and if necessary to eliminate blur).
Regarding Claim 17, the combination of Shang and Couch disclose all the limitations of claim 16 and Couch further discloses the placement apparatus is further configured to position the first portion of the fabric item, the second portion of the fabric item, or both, based on the sensor data (Fig. 11 2nd paragraph ll.1-13 sensor module – 106 robotic arm – 104 is shown sensing the position locator symbol – 108).
13. Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Bowditch (US 4,675,253).
Regarding Claim 21, Shang anticipates all the limitations of claim 1 but does not disclose that the first section, the second section, or both, further comprise a masking template.
In the same field of endeavor, Bowditch disclose that a first section, the second section, or both, further comprise a masking template (Col. 3 ll. 15-23 template is placed upon or adjacent to the material and the pattern is stenciled onto the material by using the template as a mask) complementary to a shape of the first portion of the fabric item, the second portion of the fabric item, or both (Fig.2 Col.5 ll. 33-59 where marking means – 28 and a spray nozzle – 42 and marking material – 44 are used or with raised surface rather than holes and function to transfer, pattern lithographically instead.).
Regarding Claim 22, the combination of Shang and Bowditch disclose all the limitations of claim 21 and Bowditch further discloses that the masking template is removable and is sized based on a particular garment size being manufactured (Col 2 l. 64- Col. 3 l. 7 patterns correspond in size to the material segment and the patterns permit a user to assembly a garment or similar article according to the “sew first, cut later” technique).
14 Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Bradley (US 7,357,598 B1).
Regarding Claim 23, Shang anticipates all the limitations of claim 1 but does not disclose that the edge of the first portion of the fabric item and the rotation of the second section rotates to align the edges of the first portion and second portion of the fabric item to form a butterfly joint.
In an analogous art, Bradley discloses a method of making an improved cradle for geotextile tubes and containers whereby fabric is configured into a tubular shaped and held in that shape by one or more methods of seaming (Col. 2 ll. 38-44). The geotextile fabric is configured or furled in a helical fashion with adjoining edge of the fabric sheet – 17 joined to form a butterfly join that uses four thickness of the fabric that are joined (Fig. 11, Col. 5, ll. 12-18 fabric sheet – 17 spiral seam – 18 butterfly joint – 19 stiches – 20 sewing machine – 21).
It would have obvious to one with ordinary skill in the art to have modified Shang with Bradley whereby the second section of Shang is configured to align and edge of the first portion and the adage of the second portion to form a butterfly joint.
The skilled artisan would consider using a butterfly joint because the butterfly joint incorporates multiple thicknesses of fabric stitched together thus resulting more reinforcement and resistance to elongation (Col. 6 ll. 4-16).
15 Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of McClain (US 9,290,865 B2).
Regarding Claim 24, Shang anticipates all the limitations of claim 1 but does not disclose that rotation of the second section is configured to position the second portion of the fabric item with respect to one or more folded tabs of the first portion of the fabric item to form one or more lap joints.
McClain discloses a method of fabricating three-dimensional woven preforms that can be formed into a corner fitting with lap joints (Col. 1 12-19). McClain further discloses that the fabric portions form one or more folded tabs (Col. 5 ll. 57-59 Preforms having a plurality of legs may have one or more legs comprsing independently woven layers forming overlap regions). These include symmetrical double lap joins (Figs. 6A-6C Col. 12 ll. 3-8 resulting double lap joint is symmetrical about the centerline of the leg – 6) and asymmetrical double lap joints (Fig. 7 Col. 12 kk, 26-32 asymmetrical single lap joint can be formed in a leg – 6 with a trifurcated portion – 8).
It would have been obvious to one with ordinary skill in the art to have modified Shang with McClain whereby rotation of the second section is configured to position the second portion of the fabric item with respect to one or more folded tabs of the first portion such that one or more lap joints are formed as taught by McClain. One would be motivated because now a fabric portion can be fitted using lap joint into corners with any daring of the legs (folded tabs) or requiring additional reinforcing materials (Col. 3 ll. 13-16).
16. Claim(s) 32 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Horie (JP2014180641A) with machine translation
Regarding Claim 32, Shang discloses a first section configured to releasably hold at least a first portion of a fabric item onto a surface of the first section (Figs. 1-3 paragraphs [0007] [0040] second adsorption plate – 21 with second adsorption cavity communicating with vacuum device, so it’s releasable, see paragraph [0075]).;
a second section configured to releasably hold at least a second portion of the fabric item onto a surface of the second section (Figs. 1-3 paragraphs [0006] [0039] first adsorption mechanism – 1 with first adsorption plate – 11 with first adsorption cavity communicating with vacuum device, so it’s releasable); where the first section is mapped to the second adsorption plate of Shang and the second section is mapped to the first adsorption plate of Shang since the first adsorption plate of Shang is configured to rotate, and
one or more first actuators coupled to the second section (Figs. 1-3 paragraph [0056] drive component – 8) and configured to rotate the second section toward the first section to fold the second portion of the fabric item onto the first portion of the fabric item (Figs. 1-3 paragraph [0060] first adsorption mechanism – 1 (second section) moves around the rotating shaft – 3) and to press the first portion of the fabric item and the second portion of the fabric item together to join the first and second portions of the fabric item (Fig.3 paragraph [0060] weight of first adsorption mechanism – 1 descends and presses down until the fabric on the adsorption plate – 11 is in contact with the fabric on the second adsorption plate – 21).
However, Shang does not disclose a spacer positioned with respect to the first section and the second section to support a non-joint region of the first portion of the fabric item, a non-joint region of the second portion of the fabric item, or both, wherein the spacer is configured to prevent formation of a crease in the fabric item during rotation of the second section.
Horie discloses in an analogous art, a method of manufacturing a filtering material whereby a pleated base roll is bonded to a base layer and whereby a filter material is bent in one portion and is flat in the area of the filter material roll that is not bent (Fig. 1, paragraphs [0001] [0007]). Horie further discloses a spacer that is positioned/disposed between two fabric portions (Fig. 4 paragraph [0007] a plurality of spacing-holding portions are formed between each flat portion on one side and the other side of the filter material roll to maintain the spacing between adjacent bent portions where the flat portion comprises a bonded portion and an unbonded portion).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Shang with the teaching of Horie whereby one or more first actuators configured to apply a pressure to a joint region of the second portion of the fabric item and a joint region of the first portion of the fabric item to form a joint would further include a spacer positioned with respect to the first section and the second section to support a non-joint region of the first portion of the fabric item, a non-joint region of the second portion of the fabric item, or both.
The skilled artisan would utilize this spacer feature because these non-bonded areas formed by the spacers would prevent any part of the fabric from blocking these areas and yet allow air through giving higher breathability than the bonded areas (paragraph [0008]).
As to the claim limitation that the spacer is configured to prevent formation of a crease in the fabric item during rotation of the second section, it is well settled that the intended use of a claimed apparatus is not germane to the issue of the patentability of the claimed structure. If the prior art structure is capable of performing the claimed use, then it meets the claim. In re Casey, 152 USPQ 235, 238 (CCPA 1967); In re Otto, 136 USPQ 459 (CCPA 1963). The manner or method in which a machine is to be utilized is not germane to the issue of patentability of the machine itself, In re Casey 152 USPQ 235.
Regarding Claim 38, the combination of Shang and Horie disclose all the limitations of claim 32 and Shang further discloses that the first section, the second section, or both, further comprise a retention mechanism to releasably hold the first portion of the fabric item, the second portion of the fabric item, or both, wherein the retention mechanism includes one or more of:
a vacuum assembly,
a fold down frame assembly,
a hook and loop fastener assembly, or
a releasable adhesive assembly.
whereby Shang comprises a vacuum assembly to releasably holds both the first and second portions of the fabric item (Fig. s paragraph [0044] when vacuum is applied the first adsorption chamber, and the second adsorption chamber are in a vacuum state and the first adsorption plate – 11 and the second adsorption plate – 21 can generate suction to adsorb the fabric on them).
Claim(s) 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shang (CN114434940A) with machine translation and Horie (JP2014180641A) with machine translation as applied to claim 32 above, and further in view of Tian (CN218704460U) with machine translation.
Regarding Claim 33, the combination of Shang and Horie disclose all the limitations of claim 32 but does not disclose one or more third sections releasably holding one or more third portions of fabric and configured to be rotated onto the first, second or both portions of the fabric item.
Tian discloses, in an analogous art, a flexible folding packaging device for textile products (paragraph [0001]), one or more third sections configured to releasably hold one or more third portions of the fabric item to respective surfaces of the one or more third sections (Figs. 1-2 paragraphs [0004] ]0019] a first flipping mechanism – 1 and second flipping mechanism – 2 provided with flip plates – 1a for vacuum adsorption, - vacuum adsorption holes – 1c);
one or more second actuators coupled to the one or more third sections and configured to rotate the one or more third sections to fold the one or more third portions of the fabric item onto the first portion of the fabric item, the second portion of the fabric item, or both, to position the one or more third portions of the fabric item (for formation of a joint (Figs. 1, 2 paragraph [0017] two rocker arms of the U-shaped connector – 1b are hinged to a rotating shaft passing through the platform – 3 whereby the rotating shaft is driven by a motor drive or belt drive method).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Shang with the teachings of Tian, whereby a fabric joining device with a first section and a second section such that the second section is rotated by one or more first actuators coupled to it in order to fold and join the fabric portion of the second section to the fabric portion of the first section which are releasably held, as disclosed by Shang, would also include one or more third sections which are rotated to fold the one or more third fabric portions of the third sections onto the first, second or both fabric portions to position the one or more third portions, as taught by Tian, for formation of the joint.
One with ordinary skill in the art would be motivated to use this feature because this added third or more section provide greater flexibility and efficiency by incorporating a dual-axis direction with a combination of folding and joining (paragraphs [0012] [0017]).
Regarding Claim 34, the combination of Shang, Horie and Tian disclose all the limitations of claim 33, and Horie further discloses that the one or more third sections include two or more third sections, and further comprising a second spacer disposed between two sections of the two or more third sections (Figs 3a, 4 paragraph [0018] plurality of spacing-holding portions – 3 formed between each flat plate portion – 1b on one side and the other side of the filter material raw material – 2 to maintain the spacing between adjacent bent portions – 1a, 1a).
18. Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang (CN114434940A) with machine translation in view of Horie (JP2014180641A) with machine translation as applied to claim 32 above, and further in view of Mauz (US 2016/0222663 A1).
Regarding Claim 35, the combination of Shang and Horie disclose all the limitations of claim 32 but does not explicitly disclose that an axis of rotation of the second section aligns with the edge of the spacer.
Mauz discloses a spacer for a reinforcement layer for a concrete component (abs) which include textile reinforcement layers which can be bonded or woven fabrics (paragraphs [0079] [0080]). This spacer is considered to be useful for reinforcement by the application of torque to the principal axis of rotation and is applied predominantly in the axial direction (paragraph [0010]). The spacer acts as a connecting element between two layers (Fig. 3 paragraphs [0016] [0066] principal axis of rotation – 4).
It would have been obvious to one with ordinary skill to have modified the combination of Shang and Horie with Mauz whereby an axis of rotation of the second section passes through the spacer. The one with ordinary skill would be motivated because in the case of the second section the axis of rotation of spacer would run through the vertical direction and would cause the securing of the two fabric to be in line with each other and having the axis of rotation of the second section aligned with the edge of the spacer provided further fabric alignment (paragraph [0039]).
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shang (CN114434940A) with machine translation and Horie (JP2014180641A) with machine translation as applied to claim 32 above, and further in view of Park (US 2018/0201005 A1).
Regarding Claim 36, the combination of Shang and Horie disclose all the limitations of claim 32 but does not disclose an adhesive applicator configured to apply an adhesive to a first joint region of the first portion of the fabric item.
Park teaches in a method for seamlessly combining fabrics in a seamless manner by means of at least one bonding pattern line by printing and drying a heat-reactive adhesive on the inner surface of an inner fabric and/or an outer fabric (abs), an adhesive applicator is configured to apply an adhesive to the inner fabric and/or outer fabric in a predetermined pattern (Fig. 1A, 1B; paragraphs [0108] [0126] [0228] liquid adhesive or adhesive composition can be printed or coated on a fabric, where the inner fabric and the outer fabric correlate to a first portion and second portion of the fabric item of the first portion of the fabric item, to a second joint region of the second portion of the fabric item, or both; adhesive is printed on either one of the first fabric and second fabric or on both of them) such that pressing together the first portion of the fabric item and the second portion of the fabric item adheres the first joint region and the second joint region to form a joint therebetween (Figs. 11A, 11B paragraph [0033] first purpose of invention is to form a bonding pattern line under pressing using an adhesive)..
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Shang and Tian with the teaching of Park whereby before the rotation of the second section of Shang/Tian an adhesive is applied to a first joint region of the first portion of the fabric time (second portion on second adsorption plate), or applied to a second joint region of the second portion of the fabric item (first portion on first adsorption plate) or both, such that, as taught in Park, pressing the first portion and the second portion of the fabric item adheres the first joint region and the second joint region to form a joint therebetween.
The skilled artisan would be motivated to add this feature because it provides a seamless combining method for fabrics composed of a bonding line with excellent adhesiveness and durability and a pattern line with aesthetical excellency due to its clearness and good finishing quality (paragraph [0016]).
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shang (CN114434940A) with machine translation and Horie (JP2014180641A) with machine translation as applied to claim 32 above, and further in view of Couch (WO 02/040765 A2).
Regarding Claim 37, the combination of Shang and Horie disclose all the limitations of claim 32 but does not disclose that the first, second or both section comprise alignment indicia.
Couch discloses, in the same field of endeavor, the first section, the second section, or both, further comprise alignment indicia indicating edge positions, fold positions, or both (p. 8 3rd paragraph ll. 3-6 operator detectable indicia; folding…relative positioning).
It would have been obvious to one with ordinary skill to have modified Shang with Couch whereby the first section, the second section, or both further comprise alignment indicia indicating edge positions, fold positions or both. This would be considered an improvement because now stacks of fabric automated systems such as robotic systems can now be employed (p.6 1st paragraph ll. 9-13).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WAYNE K. SWIER/Examiner, Art Unit 1748 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748
Prosecution Insights