DETAILED ACTION
This is in response to application filed on May 31st, 2024 in which claims 1-12 were presented for examination, amended by preliminary amendment on 9/24/24 to present claims 1-14 for examination.
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 .
Specification
The disclosure is objected to because of the following informalities:
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use. For example, before [0001], indicate “Background”; before [0009] indicate “Summary”; before [0047], indicate “Brief Description of Drawings”; before [0049] indicate “Detailed Description of the Invention”
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Appropriate correction is required.
Claim Objections
Claim(s) 1, 12 is/are objected to because of the following informalities:
Claim 1 Line 10 before “holding devices” add –of the—for proper antecedent basis with Claim 1 Line 4 “plurality of holding devices”
Claim 12 Line 1 before “tube magazine” delete “a” and substitute –the—for proper antecedent basis based on the incorporation of “according to claim 1”
Claim 12 Lines 7-10 is seemingly redundant of Claim 1 Lines 8-11 as Claim 12 already incorporates Claim 1; as such, Claim 12 Lines 7-10 are recommended to be deleted; otherwise, future 112(b) indefiniteness rejections will be warranted for the term “the marking device” and “a plane” for how they differ from similar terms in Claim 1
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
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.
Claim(s) 12 is/are rejected under U.S.C. 112(b).
The term “A use of” in Claim 12 Line 1 along with the body of Claim 12 is unclear and therefore renders the claim indefinite. See MPEP 2173.05(q)—specifically, though the preamble is allegedly directed to a method of use, no actual method steps have been provided in the body of the claim.
The term “two types of bobbin tube” in Claim 12 Lines 4-5 is unclear and therefore renders the claim indefinite. Claim 12 incorporates Claim 1, which already established “a plurality of holding devices each for receiving a bobbin tube” in Claim 1 Lines 4-5. As such, there are at least two bobbin tubes. The term is unclear which specific two types of “bobbin tube” are being utilized.
The term “at least two bobbin tubes of two types of bobbin tube” in Claim 12 Lines 4-5 is unclear and therefore renders the claim indefinite. It is unclear whether the recitation is indicating 1) there are at least two tubes of bobbin type one, and at least two tubes of bobbin type two; or at least two tubes, one being type one and one being type two; or 3) some other interpretation.
The term “a marking device” in Claim 12 Line 6 is unclear and therefore renders the claim indefinite. Claim 12 incorporates Claim 1, which already established “at least one marking device” in Claim 1 Line 6. As such, it is unclear how the term in Claim 12 relates to the term in Claim 1.
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) 1-3, 5-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cash (US Publication 2014/0339183).
Regarding Claim 1, Cash teaches a tube magazine for a textile machine (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Fig. 1A; [0037] "device that is capable of supporting a plurality of sewing thread spool thereon. The device 10 includes a frame 15 having side walls 25 and a back wall 20. A plurality of panel 28 ...secured within the side walls 25…comprise upwardly angled shelves 30 that are configured to provide support for a plurality of spools 40"; Cash teaches magazine/device 10 which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a tube, especially in light of the recitation about spools, and capable of being for a textile machine, especially in light of [0004] "spool enables easy attachment of the thread onto a sewing machine"; the embodiment herein is that of the shelves, such as Figs. 1A, 1B, and not of the [0029] “support bars” in Fig. 3; however, Fig. 3 is referred to for clarification as to illustrated 45; it is noted that 45 is for the [0037] “primary embodiment”, and [0030] indicates that the recitations of 45 would also apply to the embodiment with shelves) comprising:
a plurality of holding devices each for receiving a bobbin tube (see Fig. 1A; [0031] "shelves 30...configured for support a plurality of spools 40 thereon"; see annotated Fig. 3 below for clarification; Cash teaches the shelves/holding devices which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for receiving bobbin tubes, especially in light of the figures such as Figs. 1A, 1B, showing shelves being for spools); and
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at least one marking device (see Figs. 1A, 3; [0037] "back wall 20 of the device 10 may comprise identification feature 45, such as labels, which provide a description of the…color…of the spool 40 to further aid in the organization of the spool organizer 10", wherein the marking device herein is the label indicated 45 in Fig. 3, which also applies to Figs. 1A, 1B);
wherein the at least one marking device (45) is designed and arranged to be assigned to a plane which is arranged between at least two holding devices in such a way that the at least two holding devices are each assigned to a region (see Fig. 3, wherein the marking device illustrated as “nylon” is between two shelves/holding devices as annotated above in Fig. 3 clarification, which applies to Figs. 1A, 1B as well, wherein each of the annotated shelves are of a region).
Regarding Claim 2, Cash further teaches the tube magazine according to claim 1, wherein: the at least one marking device is arranged in a vertical direction in a plane which runs between two rows of the at least two holding devices (see Fig. 3 with 45 having a vertical extent, wherein each holding device is a row, wherein the mark is between two rows of the holding devices on each side);
and/or
the at least one marking device is arranged in a horizontal direction in a plane which runs between two rows of the at least two holding devices (see Fig. 3 with 45 a having a horizontal extent, wherein each holding device is a row, wherein the mark is between two rows of the holding devices on each side).
Regarding Claim 3, Cash further teaches the tube magazine of claim 1, wherein: the at least one marking device is designed as a flexible marking device (see Fig. 3; [0037] “identification features 45, such as labels”; see extrinsic evidence Merriam Webster band NPL, wherein 45 in Fig. 3 meets the definition of a band/strip, wherein [0025] of applicant specification indicates that a band meets the recitation of a flexible marking device); or
the at least one marking device is designed as a rigid marking device (not required).
Regarding Claim 5, Cash further teaches the tube magazine according to claim 1, wherein the at least one marking device has a first indicator corresponding to a second indicator of a type of bobbin tube to be arranged in the region (see Fig. 3, [0037] "back wall 20 of the device 10 may comprise identification feature 45, such as labels, which provide a description of the…color…of the spool 40 to further aid in the organization of the spool organizer 10"; wherein the first indicator/label is the text, and the second indicator is the color of the tube).
Regarding Claim 6, Cash further teaches the tube magazine according to claim 1, wherein the at least one marking device has at least one of the following:
a band (see Fig. 3; [0037] “identification features 45, such as labels”; see extrinsic evidence Merriam Webster band NPL, wherein 45 in Fig. 3 meets the definition of a band/strip);
a bar; a chain; a rod; and a metal sheet (not required).
Regarding Claim 7, Cash further teaches the tube magazine according to claim 1, wherein the at least one marking device has a first indicator corresponding to a second indicator of a type of bobbin tube to be arranged in the region (see Fig. 3, [0037] "back wall 20 of the device 10 may comprise identification feature 45, such as labels, which provide a description of the…color…of the spool 40 to further aid in the organization of the spool organizer 10"; wherein the first indicator/label is the text, and the second indicator is the color of the tube/spool 40),
wherein the first indicator points in a direction of the region of the tube magazine in which the bobbin tube with the second indicator are to be arranged (see Fig. 3 for the label indicating the direction/location for the tube to be arranged, [0037]).
Regarding Claim 8, Cash further teaches the tube magazine according to claim 1, wherein the at least one marking device is designed to be arranged at an arrangement height in order to project into a field vision of an operator (the existence of the marking device indicates an arrangement height; Cash teaches the marking device at an arrangement height which meets the structural limitations in the claims and performs the functions as recited such as being capable of being in order to project into a field vision of an operator, especially as there is text on the label which is a visual indication for a field vision).
Regarding Claim 9, Cash further teaches the tube magazine according to claim 1, wherein at least one example tube is assigned to the region (see Figs. 1A, 3; Cash teaches tubes which meets the structural limitations in the claims and performs the functions as recited such as being capable of one tube being an example, inasmuch as the term has been defined).
Regarding Claim 10, Cash teaches a textile machine ([0004] "spool enables easy attachment of the thread onto a sewing machine"),
having the tube magazine according to claim 1 (see rejection of Claim 1).
Regarding Claim 11, Cash teaches a machine head of a textile machine ([0004] "spool enables easy attachment of the thread onto a sewing machine", wherein the existence of a machine indicates a head),
the machine head has the tube magazine according to claim 1 (inasmuch as the head exists, the head region can incorporate the tube magazine, inasmuch as the spatial boundaries of the head have been claimed; see rejection of claim 1 for according to claim 1).
As best understood in light of the 112(b) rejections-- Regarding Claim 12, Cash teaches a use (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02, as such, see structure for the method below; the embodiment herein is that of the shelves, such as Figs. 1A, 1B, and not of the [0029] “support bars” in Fig. 3; however, Fig. 3 is referred to for clarification as to illustrated 45; it is noted that 45 is for the [0037] “primary embodiment”, and [0030] indicates that the recitations of 45 would also apply to the embodiment with shelves)
of a tube magazine according to claim 1 (see rejection of claim 1),
wherein at least two bobbin tubes of two types of bobbin tube are each assigned to the region (see annotated Fig. 1B below for clarification of shelves of the region; wherein the first/second holding devices of the region each include at least two types of bobbin tube, wherein the types are a bobbin on the left, a bobbin on the right; as another interpretation, the first/second holding devices of region each include a type of bobbin tube—a type of the first device, a type of the second device),
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wherein the region is marked by a marking device (see Fig. 3, rejection of claim 1),
wherein the marking device is designed and arranged to be assigned to a plane between the at least two holding devices in such a way that the at least two holding devices are each assigned to the region (see Fig. 3, rejection of claim 1).
Regarding Claim 13, Cash further teaches the tube magazine according to claim 5, wherein the first indicator and the second indicator are a color coding ([0037] "back wall 20 of the device 10 may comprise identification feature 45, such as labels, which provide a description of the…color…of the spool 40 to further aid in the organization of the spool organizer 10", first indicator being the description of the color, and second indicator being the color of the spool 40).
Regarding Claim 14, Cash further teaches the tube magazine according to claim 7, wherein the first indicator and the second indicator are a color coding ([0037] "back wall 20 of the device 10 may comprise identification feature 45, such as labels, which provide a description of the…color…of the spool 40 to further aid in the organization of the spool organizer 10", first indicator being the description of the color, and second indicator being the color of the spool 40).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cash (US Publication 2014/0339183) in view of Deinse (USPN 0780015).
Regarding Claim 4, Cash teaches all the claimed limitations as discussed above in Claim 1.
Cash does not explicitly teach wherein the at least one marking device (label 45) is designed to be insertable into holders in the tube magazine.
Deinse teaches wherein the at least one marking device is designed to be insertable into holders in the tube magazine (see Fig. 1; page 1 Lines 60-61 "Figure 1 is…file-case"; page 2 Lines 124-127 "At the top of the glass door or upon any other preferred portion thereof there is provided a card-holding device 12 for displaying a card bearing the name of the current month", wherein the device 12 is a holder; Deinse teaches the device 12 having a card which meets the structural limitations in the claims and performs the functions as recited such as being capable of the card/label being insertable in the device 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cash’s label to be within a holder/frame as taught by Deinse as a known arrangement in an organizing case/shelf device, which Cash is as well, wherein the holder/frame is of the tube magazine in modified Cash.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Nomura et al (USPN 7983782) directed to a tube magazine for a textile machine with at least one marking device between at least two holding devices in a region; Fujihara (US Publication 2012/0012043) directed to marking device insertable into holders; Auten (USPN 6435436), Holden et al (USPN 7562841), Adams et al (USPN 4889294) directed to a band marking device; Drexler (USPN 6776283) directed to a tube magazine; Kiriake (USPN 5390868), Hatakeyama et al (USPN 5253817), Greksch et al (USPN 5092531), Matsui et al (USPN 4576341), Tone et al (USPN 5279729) directed to a tube magazine for a textile machine having a color sensor/marking device corresponding to color indicators on tubes; Johnasson (USPN 5606999), Tone et al (USPN 5107667) directed to corresponding colors of tray/bobbin; Mack (USPN 6092268) directed to checking tube colors so that production is correct in color; Inoue et al (JP 2011/020836) directed to defect sensor/marking device corresponding to bobbin information; Uchida et al (USPN 4598869) directed to tray or bobbin marking; Bungter et al (USPN 10337127) directed to LED marking of a workstation based on the yarn batch; Annable (USPN 1396910), Philippe et al (US Publication 2001/0028009) directed to holders for labels; Fukao (USPN 8251000) directed to marking devices/pins insertable into spool holders; Morin (USPN 2683572), Brandl et al (USPN 10724156), Couchey et al (USPN 11267672), Wirtz (USPN 5212389) directed to colored/marked spool; Shamis et al (USPN 12214987) directed to container with tag; Steinberg et al (USPN 6129796), Butts (US Publication 2017/0025046), Eberwein et al (USPN 3875883), Minematsu et al (USPN 12281421) directed to color coding.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
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/GRACE HUANG/Primary Examiner, Art Unit 3732