DETAILED ACTION
Claims 1-7, 9-21 are pending. Claims 1-7 and 9-20 are amended. Claim 8 is cancelled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is responsive to the amendment filed on June 25, 2025. As directed by the amendment: claims 1-7 and 9-20 have been amended, claim 8 has been cancelled, and claim 21 has been added. Thus, claims 1-7 and 9-21 are presently pending in this application.
Applicant’s amendment to the claims has overcome the 35 USC §102(a)(1) and §103, however, many claims remain rejected under §103.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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. Applicant’s amendment has changed the scope of the claims such that some claims previously indicated as allowable are now no longer indicated as allowable.
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.
Claims 1-6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbach et al. (US 5865133) in view of Schnaufer et al. (US 9267222).
Regarding claim 1, Herbach describes a sewing machine (sewing machine 1) comprising:
a column (see annotated Fig. 1) extending in an upper-lower direction;
a bed (bracket 8) extending in a first particular direction (away from) from the column at a position above a lower end of the column, a first direction including the first particular direction and a first opposite direction opposite to each other, the first direction being perpendicular to the upper-lower direction;
an arm (arm 4) extending in the first particular direction from the column at a position spaced upward from the bed (8), the arm including a first side plate (see annotated Fig. 1) and a second side plate (opposing side), the first side plate extending in the first particular direction and in the upper-lower direction, the second side plate extending in the first particular direction and in the upper-lower direction, the second side plate being spaced apart from the first side plate; and
a front plate (see annotated Fig. 1), the front plate being a plate at an end of the arm in the first particular direction, the front plate extending to an end of the first side plate in the first particular direction and extending to an end of the second side plate in the first particular direction (extends to the ends in the first particular direction because it abuts the ends of the first and second side plate), the front plate extending in the upper-lower direction and in a second direction, the second direction being perpendicular to the upper-lower direction and the first direction,
Herbach does not explicitly describe an input interface on the front plate, the input interface being an interface for operating the sewing machine including a button for instructing at least to start sewing or to stop sewing, but rather is silent as to any interface for operating the machine, but rather is silent as to any interface for operating the machine.
In related art for sewing machines, Schnaufer describes an input interface (touch screen 50) on the front plate, the input interface being an interface for operating the sewing machine including a button for instructing at least to start sewing or to stop sewing (start/stop switch 52, and other switches to adjust additional machine settings, Schnaufer, col. 5, ll. 56-60, thus other switches beyond 52 provide a different function).
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 machine of Herbach to include the interface of Schnaufer in order to permit the user to start and stop the machine as well as to control other additional machine settings.
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Regarding claim 2, Herbach as modified describes the sewing machine according to claim 1, wherein the input interface includes a first input interface (see annotated Fig. 4) for operating at least one motor; and
the first input interface is on a particular side (see annotated Fig. 4) on the front plate with respect to a front-plate center in the second direction, the second direction including a second particular direction and a second opposite direction opposite to each other, the particular side being a side toward the second particular direction.
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Regarding claim 3, Herbach as modified describes the sewing machine according to claim 2, wherein the input interface includes a plurality of first input interfaces; and all of the plurality of first input interfaces are on the particular side on the front plate (see annotated Fig. 4 below, Schnaufer).
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Regarding claim 4, Herbach as modified describes the sewing machine according to claim 2, wherein the input interface further includes a second input interface for performing an operation different from an operation of the motor; and the second input interface is on the particular side on the front plate (start/stop switch 52, and other switches to adjust additional machine settings, Schnaufer, col. 5, ll. 56-60, thus other switches beyond 52 provide a different function).
Regarding claim 5, Herbach as modified describes the sewing machine according to claim 4, wherein the second input interface includes a plurality of second input interfaces; and all of the plurality of second input interfaces are on the particular side on the front plate (see annotated Fig. 4 below, furthermore, the location of the interfaces is simply a rearrangement of parts).
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Regarding claim 6, Herbach as modified describes the sewing machine according to claim 2, wherein a take-up opening is in the first side plate, the first side plate being a plate at an end of the arm in the second opposite direction (see annotated Fig. 1).
Herbach does not explicitly describe the sewing machine further comprises a thread take-up lever in the take-up opening.
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 Herbach to include a take-up lever in order to provide the necessary tension to the thread as the machine is sewing, a take-up lever being a near universal feature of a modern sewing machine.
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Regarding claim 10, Herbach as modified describes the sewing machine according to claim 1, wherein a recess is in a lower plate, the lower plate being a plate at a lower end of the arm, the recess being recessed upward.
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Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbach et al. (US 5865133) in view of Schnaufer et al. (US 9267222) and Mizuno et al. (US 20120137943).
Regarding claim 9, Herbach as modified describes the sewing machine according to claim 1, but does not explicitly describe further comprising a horizontal hook inside the bed, wherein a hook opening is in an upper plate, the upper plate being a plate at an upper end of the bed, the hook opening being an opening for inserting a bobbin into the horizontal hook.
In related art for sewing machines, Mizuno describes hook (hook 24) inside the bed, wherein a hook opening (bobbin slot 21a) is in an upper plate, the upper plate being a plate at an upper end of the bed (see annotated Fig. 1, Mizuno, below), the hook opening being an opening for inserting a bobbin into the horizontal hook (for taking in and out hook mechanism, para. 0027).
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 machine of Herbach to include the hook mechanism in order for the sewing operation to be able to function. That is, without a hook or looper, the sewing machine would not be able to function because the upper and lower thread would not have a mechanism to join to one another.
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Claims 12, 14, and 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbach et al. (US 5865133) in view of Schnaufer et al. (US 9267222) and Kawaguchi et al. (US 20150000575).
Regarding claim 12, Herbach describes sewing machine according to claim 1, further comprising a carriage (embroidery unit 9) movable in the first direction (displaceable in the direction L, col. 3, ll. 36-37), the carriage including a frame mount (extension 11) between the bed and the arm in the upper-lower direction, and an embroidery frame (frame 15) holding a sewing workpiece (workpiece W) configured to be attached to the frame mount.
Herbach as modified does not explicitly describe wherein the frame mount is configured so that the embroidery frame is attached to the frame mount by inserting the embroidery frame toward the first opposite direction.
In related art for embroidery frames, Kawaguchi describes wherein the frame mount (support member 83) is configured so that the embroidery frame (frame 5) is attached to the frame mount by inserting the embroidery frame toward the first opposite direction (movement toward the member 83 could be in the first opposite direction, and then the element is secured).
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 machine of Herbach to include the ability to remove the frame separately from extension arm 11 so that a user may easily remove the frame without displacing the rest of the unit for when the user wants to sew without the frame (see, generally, para. 0071 Kawaguchi).
Regarding claim 14, Herbach describes a sewing machine (sewing machine 1) comprising:
a column (see annotated Fig. 1) extending in an upper-lower direction;
a bed (bracket 8) extending in a first particular direction (away from) from the column, a first direction including the first particular direction and a first opposite direction opposite to each other, the first direction being perpendicular to the upper-lower direction;
an arm (arm 4) extending in the first particular direction from the column at a position spaced upward from the bed, the arm including a first side plate (see annotated Fig. 1) and a second side plate (opposing side), the first side plate extending in the first particular direction and in the upper-lower direction, the second side plate extending in the first particular direction and in the upper-lower direction, the second side plate being spaced apart from the first side plate;
a front plate (see annotated Fig. 1), the front plate being a plate at an end of the arm in the first particular direction, the front plate extending to an end of the first side plate in the first particular direction and extending to an end of the second side plate in the first particular direction (extends to the ends in the first particular direction because it abuts the ends of the first and second side plate), the front plate extending in the upper-lower direction and in a second direction, the second direction being perpendicular to the upper-lower direction and the first direction; and
a carriage (embroider unit 9) movable in the first direction (displaceable in the direction L, col. 3, ll. 36-37), the carriage including a frame mount (extension 11) between the bed and the arm in the upper-lower direction, an embroidery frame (frame 15) holding a sewing workpiece (workpiece W) configured to be attached to the frame mount.
Herbach does not explicitly describe an input interface on the front plate, the input interface being an interface for operating the sewing machine, but rather is silent as to any interface for operating the machine, but rather is silent as to any interface for operating the machine.
In related art for sewing machines, Schnaufer describes an input interface (touch screen 50) on the front plate, the input interface being an interface for operating the sewing machine (start/stop switch 52, and other switches to adjust additional machine settings).
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 machine of Herbach to include the interface of Schnaufer in order to permit the user to start and stop the machine as well as to control other additional machine settings.
Herbach as modified does not explicitly describe wherein the frame mount is configured so that the embroidery frame is attached to the frame mount by inserting the embroidery frame toward the first opposite direction.
In related art for embroidery frames, Kawaguchi describes wherein the frame mount (support member 83) is configured so that the embroidery frame (frame 5) is attached to the frame mount by inserting the embroidery frame toward the first opposite direction (movement toward the member 83 could be in the first opposite direction, and then the element is secured).
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 machine of Herbach to include the ability to remove the frame separately from extension arm 11 so that a user may easily remove the frame without displacing the rest of the unit for when the user wants to sew without the frame (see, generally, para. 0071 Kawaguchi).
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Regarding claim 18, Herbach describes the sewing machine according to claim 14, further comprising a lower plate (base plate 2) extending in the first particular direction from a lower end of the column (see Fig. 1, Herbach), wherein the bed is a cylinder bed (is a cylinder bed inasmuch as claimed, it is noted that the present application refers to bed 5 as cylinder bed 5 although it clearly is not a perfect cylinder, thus the bed 8 is considered a cylinder) above the lower plate, a space being between the cylinder bed and the lower plate (bracket 8 is located at a spaced location from the base plate 2, col. 3, ll. 24-27).
Regarding claim 19, Herbach as modified describes the sewing machine according to claim 14, wherein the input interface includes a first input interface (start stop switch 52, Schnaufer) for operating at least one motor; and the first input interface is on a particular side on the front plate with respect to a front-plate center in the second direction (is on the left side, Schnaufer), the second direction including a second particular direction and a second opposite direction opposite to each other, the particular side being a side toward the second particular direction (has two sides, Schnaufer).
Regarding claim 20, Herbach as modified describes the sewing machine according to claim 19, wherein the input interface includes a plurality of first input interfaces; and all of the plurality of first input interfaces are on the particular side on the front plate (see annotated Fig. 4, Schnaufer).
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Regarding claim 21, Herbach as modified describes the sewing machine according to claim 14, wherein the front plate is perpendicular to the first opposite direction (is perpendicular).
Claims 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbach et al. (US 5865133) (alternate interpretation) in view of Schnaufer et al. (US 9267222).
Regarding claim 1, Herbach describes a sewing machine (sewing machine 1) comprising:
a column (see annotated Fig. 1) extending in an upper-lower direction;
a bed (bracket 8) extending in a first particular direction (away from) from the column at a position above a lower end of the column, a first direction including the first particular direction and a first opposite direction opposite to each other, the first direction being perpendicular to the upper-lower direction;
an arm (arm 4) extending in the first particular direction from the column at a position spaced upward from the bed (8), the arm including a first side plate (opposite of second side plate) and a second side plate (see annotated Fig. 1), the first side plate extending in the first particular direction and in the upper-lower direction, the second side plate extending in the first particular direction and in the upper-lower direction, the second side plate being spaced apart from the first side plate; and
a front plate (see annotated Fig. 1), the front plate being a plate at an end of the arm in the first particular direction, the front plate extending to an end of the first side plate in the first particular direction and extending to an end of the second side plate in the first particular direction (extends to the ends in the first particular direction because it abuts the ends of the first and second side plate), the front plate extending in the upper-lower direction and in a second direction, the second direction being perpendicular to the upper-lower direction and the first direction,
Herbach does not explicitly describe an input interface on the front plate, the input interface being an interface for operating the sewing machine including a button for instructing at least to start sewing or to stop sewing, but rather is silent as to any interface for operating the machine, but rather is silent as to any interface for operating the machine.
In related art for sewing machines, Schnaufer describes an input interface (touch screen 50) on the front plate, the input interface being an interface for operating the sewing machine including a button for instructing at least to start sewing or to stop sewing (start/stop switch 52, and other switches to adjust additional machine settings, Schnaufer, col. 5, ll. 56-60, thus other switches beyond 52 provide a different function).
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 machine of Herbach to include the interface of Schnaufer in order to permit the user to start and stop the machine as well as to control other additional machine settings.
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Regarding claim 2, Herbach as modified describes the sewing machine according to claim 1, wherein the input interface includes a first input interface (see annotated Fig. 4) for operating at least one motor; and
the first input interface is on a particular side (see annotated Fig. 4) on the front plate with respect to a front-plate center in the second direction, the second direction including a second particular direction and a second opposite direction opposite to each other, the particular side being a side toward the second particular direction.
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Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbach et al. (US 5865133) (alternate interpretation) in view of Schnaufer et al. (US 9267222), Fujihara et al. (US 20060011121) and Martell et al. (US 4403558)
Regarding claim 7, Herbach as modified describes the sewing machine according to claim 2, wherein the second side plate being a plate at an end of the arm in the second particular direction (is in the second particular direction).
Herbach as modified does not explicitly describe the sewing machine further comprises:
a threader configured to thread a thread through an eye of a sewing needle; and
a switch configured to, when operated, cause the threader to thread the thread through the eye; and
a presser foot,
the switch is configured to, when operated, cause the presser foot to move to a particular position and cause the threader to thread the thread through the eye.
In related art for sewing machines, Fujihara describes the sewing machine further comprises:
a threader (automatic threading mechanism 17) configured to thread a thread through an eye of a sewing needle (para. 0069); and
a switch (switch 25) configured to, when operated, cause the threader to thread the thread through the eye; and
a presser foot (presser foot 20),
the switch is configured to, when operated, cause the presser foot to move to a particular position (para. 0065, 0067, if not in the correct position the pulse motor will move the presser bar 12 to the correct location) and cause the threader to thread the thread through the eye (threading hook member 74 introduced into the eye of the needle, para. 0070).
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 machine of Herbach to include the automatic threading mechanism of Fujihara in order to permit the threading to take place without any work on the part of the user (para. 0012, Fujihara) thus making it easier to thread the machine.
Herbach as modified does not explicitly describe a lever opening and a lever extending through the lever opening.
In related art for sewing machines, Martell describes a switch that includes a lever (toggle) with a lever opening (opening through which toggle is inserted).
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 switch of modified Herbach (from Fujihara) to be a toggle switch as from Martell as such a modification is a simple substitution of one known element (press switch) for another (toggle switch) with predictable results. That is, one swapping the switches would understand the result. Furthermore, by swapping the switches a person having dexterity issues may more cleanly activate and deactivate the device.
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Claims 1 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Konzak et al. (US 8997669) in view of Schnaufer et al. (US 9267222).
Regarding claim 1, Konzak describes a sewing machine (sewing machine 100) comprising:
a column extending in an upper-lower direction (see annotated Fig. 1A);
a bed (see annotated Fig. 1A) extending in a first particular direction from the column at a position above a lower end of the column, a first direction including the first particular direction and a first opposite direction opposite to each other, the first direction being perpendicular to the upper-lower direction;
an arm (see annotated Fig. 1A) extending in the first particular direction from the column at a position spaced upward from the bed, the arm including a first side plate and a second side plate, the first side plate extending in the first particular direction and in the upper-lower direction, the second side plate extending in the first particular direction and in the upper-lower direction, the second side plate being spaced apart from the first side plate; and
a front plate (see annotated Fig. 1A), the front plate being a plate at an end of the arm in the first particular direction, the front plate extending to an end of the first side plate in the first particular direction and extending to an end of the second side plate in the first particular direction, the front plate extending in the upper-lower direction and in a second direction, the second direction being perpendicular to the upper-lower direction and the first direction,
Konzak does not explicitly describe an input interface on the front plate, the input interface being an interface for operating the sewing machine, but rather is silent as to any interface for operating the machine, but rather is silent as to any interface for powering the machine.
In related art for sewing machines, Schnaufer describes an input interface (touch screen 50) on the front plate, the input interface being an interface for operating the sewing machine (start/stop switch 52, and other switches to adjust additional machine settings).
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 machine of Herbach to include the interface of Schnaufer in order to permit the user to start and stop the machine.
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Regarding claim 13, Konzak as modified describes the sewing machine according to claim 1, further comprising a base (see annotated Fig. 1A) at a position spaced below the bed (at least a portion is below the bed), the base extending from a first end to a second end in a U-shape opening toward the first opposite direction (opens toward both directions, in light of applicant’s disclosure in which there appears to be no “opening” of a U-shape base, but only closed components, any space is considered opening in either direction, see Fig. 3 of applicant’s disclosure below) each of the first end and the second end being connected to the column (see annotated Fig. 1A).
Furthermore, the shape of the base is not critical and thus 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 shape to be U-shaped in any direction (see para. 0082 of present application indicating other shapes are possible).
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Allowable Subject Matter
Claims 11 and 15-17 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.
The following is a statement of reasons for the indication of allowable subject matter: claim 11 include specific references to how the carriage is supported on the sewing machine including through a carriage opening along a support shaft.
Claim 15 requires the carriage to be connected on a particular side of the arm and only on that particular side neither of these features are found in the prior art and to include such features would be the result of improper hindsight reconstruction.
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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/CLINTON T OSTRUP/Supervisory Patent Examiner, Art Unit 3732