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 .
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruns (DE19546081A1) in view of Lehmann (US4169564A).
Regarding claims 1 and 12-13, Bruns discloses a thread guide device (10; Figures 1-2) for a winding apparatus (1) of a workstation of a textile machine producing cross-wound bobbins (5), wherein the winding apparatus (1) has a bobbin drive roller (4) for rotating a cross-wound bobbin (5), and also a thread traversing device (2, 3) for traversing a thread (6) running onto a surface of the cross-wound bobbin (5) within a thread traversing triangle (9), wherein the thread guide device (10) has a spherically designed thread slide surface (20; Figure 5), but fails to teach wherein the thread slide surface that, when in use of the winding apparatus, is configured to extend beyond sides of the thread traversing triangle such that the thread is in constant contact with the thread slide surface as it is cross-wound on the bobbin within the thread traversing triangle.
Lehmann teaches a similar thread guide device and further teaches wherein the thread slide surface (6; Figure 1) that, when in use of the winding apparatus, is configured to extend beyond sides of the thread traversing triangle (Figure 1; arc length of guide member 6 extends beyond the thread triangle (broken lines of F)) such that the thread (F) is in constant contact with the thread slide surface (6) as it is cross-wound on the bobbin (30) within the thread traversing triangle. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the thread guide device of Bruns to include the thread slide surface of an increased diameter as taught by Lehmann in order to ensure that the thread is supported through the traversing path of the thread triangle to maintain tension. Furthermore, it would be obvious to one skilled in the art that the ideal diameter of the spherical thread slide surface of Bruns can be determined and enlarged to ensure proper engagement of the guide with the thread.
Regarding claims 2-3, Bruns discloses wherein a spherical design of the thread slide surface (10) is independent of a width of the cross-wound bobbins (5) to be produced;
wherein the thread guide device (10) is arranged upstream of the thread traversing device (2, 3).
Regarding claims 4-7, Bruns discloses wherein the thread traversing triangle (9; Figure 1) is defined upstream of a last thread guide point (18) of the workstation during a winding operation;
wherein the thread traversing triangle (9) has corner points (both ends of bobbin 5 and the point at thread guide 18);
wherein one of the corner points is predetermined by the last thread guide point (18);
wherein remaining ones of the corner points (both ends of bobbin 5) are predetermined by reversal points of guide contours (guide grooves 2, 3) of a thread guide (traversing guide device 2, 3) that is driven in a back-and-forth traversal path to wind the thread (6) onto the cross-wound bobbin (5).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruns, in view of Lehmann, and in further view of Dysart (US3130938A).
Regarding claim 8, modified Bruns discloses the above thread guide device, but fails to teach wherein the thread guide device is made of stainless steel.
Dysart teaches a similar thread guide device and further teaches wherein the thread guide device (10; Figure 1) is made of stainless steel (column 2, lines 39-41). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the thread guide device of Bruns to include the stainless steel thread guide device as taught by Dysart in order to provide improved corrosion and heat resistant material. Since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruns, in view of Lehmann, and in further view of Havey (US1966500A).
Regarding claim 9, modified Bruns discloses the above thread guide device and further teaches wherein the thread guide device (10) is configured to be fastened to a housing (Figures 1 and 3-5) of the workstation, but fails to teach wherein the thread guide device is demountable.
Havey teaches a similar thread guide device and further teaches wherein the thread guide device (11; Figure 1) is demountable (guide 11 includes removable fasteners at the end of guide). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the thread guide device of Bruns to include a demountable thread guide device as taught by Havey in order to easily replace the guide device when worn by the abrasion of the thread.
Response to Arguments
Applicant's arguments filed 03/17/2026 with respect to claim 1 have been fully considered but they are not persuasive.
Regarding claim 1, in the last two paragraphs of page 5, pages 6-7, and first three paragraphs of page 8, the applicant argued that the disclosure of Bruns fails to teach wherein the thread slide surface that, when in use of the winding apparatus, is configured to extend beyond sides of the thread traversing triangle such that the thread is in constant contact with the thread slide surface as it is cross-wound on the bobbin within the thread traversing triangle.
The examiner agrees that the disclosure of Bruns fails to teach wherein the thread slide surface that, when in use of the winding apparatus, is configured to extend beyond sides of the thread traversing triangle such that the thread is in constant contact with the thread slide surface as it is cross-wound on the bobbin within the thread traversing triangle. However, the examiner construed that the disclosure of Lehmann teaches a guide device with a thread slide surface that is configured to extend beyond sides of the thread traversing triangle such that the thread is in constant contact with the thread slide surface as it is cross-wound on the bobbin within the thread traversing triangle. It would be obvious to one skilled in the art that the ideal diameter of the spherical thread slide surface of Bruns can be determined and enlarged as taught by Lehmann in order to ensure proper engagement and support of the guide with the thread to maintain tension of the thread.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 is allowable over the prior art of record because the prior art of record fails to teach or fairly suggest the entire combination of elements set forth including for disclosing wherein the thread guide device has mounting devices in or on which thread guide pins spaced apart from one another can be fastened.
Claim 11 is allowable because it is a dependent of claim 10.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/H.S./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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