DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in
the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and
useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same
invention,” in this context, means an invention drawn to identical subject matter. See Miller
v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 18-20 are rejected under 35 U.S.C. 101 as claiming the same invention word by
word as that of claims 18-20 of prior U.S. Patent No. 12,060,245. This is a statutory
double patenting rejection.
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.
Claims 1, 3, 7, 13-14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by
Lowe et al. (EP 0058478 B1). Lowe et al. (herein after) discloses a system including a
plurality of containers (21) that are coupled together as a movable unit/trolley (15)
and a plurality of container-feeding assemblies/filler heads (20) that are configured to
simultaneously deliver respective yarns into respective containers of the plurality of
containers (21), col. 5, lines 24- 65 and as shown in figures 1-3.
Further, with regard to claim 3, the plurality of container-feeding assemblies (20)
includes a plurality of aspirators/jet (35), col. 6, lines 5-34. Also, each container-feeding
assembly of the plurality of container-feeding assemblies includes opposing metering
rollers (30, 31) that bias against opposing sides of the respective yarn (27)
With regard to claim 7, Lowe discloses each container (21) is substantially tubular
as shown in figures 1-3.
With regard to claim 13, Lowe discloses a plurality of plungers/ram (42) wherein each
plunger of the plurality of plungers is configured to reciprocally move inwardly into a respective
container to compress yarn within the container, col. 7, lines 30-45.
Further, with regard to claim 14, Lowe discloses each plunger/ram (42) defining a
longitudinal bore (43) therethrough through which a respective yarn can extend, col. 7, lines 45-
65 and as shown in figure 4.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5-6 and 8-12, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable
over Lowe. Lowe discloses the invention as set forth above except for having at least one
motor coupled to the opposing rollers.
It would have been obvious to one skilled in the art before the effective date of the
claimed invention that the metered opposing rollers (30, 31) of Lowes are conventionally
coupled to at least one motor that cause rotation of the at least one of the opposing rollers
to allow the yarns to be drawn as known in the textile art.
With regard to claim 6, it would have been obvious to one skilled in the art
before the effective date of the claimed invention that each container (21) of Lowe is
but not limited to being see-through, etc. in order to allow operator to easily view if the
desired amount of yarns are filled in each containers or depending on end use thereof.
With regard to claim 8, it would have been obvious to one skilled in the art before
the effective date of the claimed invention that each container (21) of Lowe is
substantially made of a flexible side wall to a certain degree that retain the yarns (27)
therein.
With regard to claims 9-11, col. 5, lines 50 – col. 6, line 2 of Lowe discloses a metering
action performed by the metering rollers (30, 31). Therefore, it would have been obvious to one
skilled in the art before the effective date of the claimed invention that the metered roller (30,
31), col. 5, lines 59-60 will substantially configured to measure a quantity of yarn delivered/fed
into one of the plurality of containers (21) Lowe as required for a particular pattern or depending
on end use thereof.
Furthermore, it would have been obvious to one skilled in the art before the effective date
of the claimed invention that the metered roller (30, 31) of Lowe can be provided into respective
container of the plurality of containers to measure quantity of yarn delivered/fed determined by
predetermined pattern as known in the textile art.
With regard to claims 12 and 16, it would have been obvious to one skilled in the art
before the effective date of the claimed invention that the metered pair of opposing rollers (30,
31) of Lowe are substantially configured to maintain a select tension on yarn leaving a heat set
apparatus as intended use to feed respective yarn in respective container to minimize the yarn
from breaking in downstream process or as required for a particular
With regard to claims 15 and 16, it would have been obvious to one skilled in the
art before the effective date of the claimed invention that each plunger/ram (42) of Lowe
is substantially intermittently/continuously move inwardly into once container is full and
outwardly from the respective container thereafter depending on quantity of yarn being
transferred or depending on end use thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. Each of the prior art reference cited on PTO-892 discloses a textile device
having storage containers/bins with sliver/yarns therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEJASH PATEL whose telephone number is (571)272-4993. The examiner can normally be reached Monday-Thursday 9am -5pm.
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, Clinton Ostrup can be reached at (571) 272-5559. 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.
September 24, 2025 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732
Prosecution Insights