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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 46, 46a, 46b, and 46c. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-28 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the azimuthal direction" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-20 are rejected because they depend from rejected base claim 1.
Claim 6 recites the limitation "the azimuth direction" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 9, 10 and 11 recite the limitation "the angle" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the distance between the teeth" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the central azimuthal axis" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 16, 17, and 18, the limitation “the sidewall of the pick-up groove from which the tooth projects” in line 2 is vague and indefinite. It is unclear whether applicant intends to refer to the “a first sidewall and a second sidewall” of claim 1, lines 7-8, or “a first sidewall of the inner slot…a second sidewall of the inner slot” of claim 1, lines 16-17. For purposes of examination, Examiner assumes applicant intends to mean “the sidewall of the inner slot”.
Claim 18 recites the limitation "the direction opposite to the rotational winding" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 19, it is unclear whether applicant intends to claim a product or a process. Note that it has been held that a recitation with respect to the manner in which a claimed product is intended to be produced does not differentiate the claimed product from a prior art product satisfying the claimed structural limitations. MPEP 2113. For the purpose of examination, Examiner assumes applicant intends to claim the structure of a plastic carrier tube.
Regarding claim 20, it is unclear whether applicant intends to claim a product or a process. Note that it has been held that a recitation with respect to the manner in which a claimed product is intended to be produced does not differentiate the claimed product from a prior art product satisfying the claimed structural limitations. MPEP 2113. For the purpose of examination, Examiner assumes applicant intends to claim the structure of the carrier tube.
Claim 21 recites the limitation "the azimuthal direction" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claims 22-26 are rejected because they depend from rejected base claim 21.
Claim 25 recites the limitation "the azimuth direction" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "the azimuthal direction" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 28 is rejected because it depends from rejected base claim 27.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-8, 12-28 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 22, 23, 31-38, and 40 of U.S. Patent No. 11267672 in view of Couchey et al., US20220153550.
Regarding independent claim 1 of the instant application, claims 22 and 33 of U.S. Patent No. 11267672 discloses a reusable yarn carrier tube for winding yarns thereon at high speeds as the carrier tube is rotated in a rotational winding direction, the carrier tube comprising: a hollow cylindrical circumferential wall having an exterior surface and an interior surface which define a thickness of the circumferential wall, and having a first end and a second end (“a circumferential wall formed cylindrically with an exterior surface, and interior surface, and two ends” Claim 22, lines 4-5), and a pick-up groove formed through the thickness of and extending in the azimuthal direction of the circumferential wall (“a pick-up groove : adjacent to an adjacent end of the two ends, and distal from a distal end of the two ends, formed through and extending along the azimuthal direction of the circumferential wall” Claim 22, lines 6-10), the pick-up groove having a first sidewall and a second sidewall defined by the thickness of the circumferential wall (“a pick-up groove:…formed through…the circumferential wall…circumscribed by sidewalls including an adjacent-end-facing sidewall and a distal-end-facing sidewall” Claim 22, lines 6-12)), a barb extending in the azimuthal direction of the circumferential wall, directed toward the leading end of the pick-up groove (“a fang for initially snagging the yarn into the pick-up groove, wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 2-5), a first plurality of teeth projecting from a first sidewall toward a second sidewall and a second plurality of teeth projecting from the second sidewall toward the first sidewall (“a plurality of teeth projecting from the sidewalls of the pick-up groove toward a central azimuthal axis of the pick-up groove” Claim 22, lines 13-15).
However claims 22 and 33 of U.S. Patent No. 11267672 do not explicitly disclose the pick-up groove having a leading end and a trailing end, the trailing end of the pickup groove comprises a barb, the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube and an outer slot positioned between the barb and the first end of the circumferential wall; and the plurality of teeth are within the inner slot.
Couchey et al. teaches a yarn carrier tube, having a leading end (15a, Fig. 3) and a trailing end (15b, Fig. 3), the trailing end of the pickup groove comprises a barb (17, Fig. 3), the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube (18, Fig. 3) and an outer slot positioned between the barb and the first end of the circumferential wall (14, 16, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of U.S. Patent No. 11267672 to add the barb in the configuration taught by Couchey et al., in order to “initially snag the single strand of yarn to introduce the yarn into the pick-up groove” (Paragraph [0063], lines 2-4). One would have been motivated to make this modification to ensure the thread is caught for winding on the tube (Paragraph [0060], lines 13-20).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to place the teeth of U.S. Patent No. 11267672 within the inner slot, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One would have been motivated to make this modification to ensure the thread is secured, after being hooked by the barb, for winding on the tube.
Regarding claim 2 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the leading end of the pick-up groove comprises a leading wall between the first sidewall and the second sidewall and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall. However, Couchey et al. teaches a yarn carrier tube wherein the leading end of the pick-up groove (15, Fig. 3) comprises a leading wall between the first sidewall and the second sidewall (15a, Fig. 3) and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall (15a extends hyperbolically from 11b to 11a, Fig. 3; Paragraph [0055], lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the yarn carrier tube of U.S. Patent No. 11267672 to have the leading wall of Couchey et al., “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3).
Regarding claim 3 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the leading wall comprises a hyperbolic outer surface connected to an angled ramp. However Couchey et al., teaches the leading wall comprises a hyperbolic outer surface connected to an angled ramp (“the leading end 15a may be tapered, rounded, and/or otherwise smoothed in order to urge yarn into the pick-up groove” Paragraph [0055], lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the yarn carrier tube of U.S. Patent No. 11267672 to have the leading wall of Couchey et al., “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3).
Regarding claim 4 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the leading wall comprises a gradually increasing hyperbolic curve from the exterior surface to the interior surface of the circumferential wall. However, Couchey et al., teaches wherein the leading wall comprises a gradually increasing hyperbolic curve from the exterior surface to the interior surface of the circumferential wall (15a gradually increases hyperbolically from 11b to 11a, Fig. 3; Paragraph [0055], lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the yarn carrier tube of U.S. Patent No. 11267672 to have the leading wall of Couchey et al., “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3).
Regarding claim 5 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the pick-up groove first sidewall and second sidewall are perpendicular to the exterior surface of the circumferential wall. However, Couchey et al. teaches a yarn carrier tube wherein the pick-up groove first sidewall and second sidewall are perpendicular to the exterior surface of the circumferential wall (sidewalls in section 14 are perpendicular to 11a, Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of U.S. Patent No. 11267672 to have the sidewalls of the pick-up groove perpendicular to the exterior surface of the carrier tube as taught by Couchey et al., because it would be simple to manufacture. One would have been motivated to make this modification to reduce cost and simplify production.
Regarding claim 6 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the outer slot extends away from the leading end of the pick-up groove, in the azimuth direction, further than the inner slot extends. However Couchey et al. teaches a yarn carrier tube wherein the outer slot (14, 16, Fig. 3) extends away from the leading end of the pick-up groove (15a, Fig. 3), in the azimuth direction, further than the inner slot extends (outer slot extends further than inner slot 18, Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pick-up groove to have the outer slot extend further than the inner slot, so that the yarn can begin to wind on the tube while simultaneously being hooked by the barb. One would have been motivated to make this modification to ensure the yarn is caught by the barb and winds properly on the tube (Paragraph [0060], lines 13-20).
Regarding claim 7 of the instant application, claim 33 of U.S. Patent No. 11267672 further discloses wherein the barb comprises a tip pointing in the rotational winding direction (“wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 4-5).
Regarding claim 8 of the instant application, claim 22 of U.S. Patent No. 11267672 further discloses wherein the outer slot further includes a first side wall positioned nearer the first end of the carrier tube and a second sidewall positioned nearer the inner slot (“a pick-up groove:…circumscribed by sidewalls including an adjacent-end-facing sidewall and a distal-end-facing sidewall” Claim 22, lines 6-12).
Regarding claim 12 of the instant application, claim 40 of U.S. Patent No. 11267672 further discloses wherein the pick-up groove includes a gathering zone and a snagging zone (“at least one of a gathering zone, a transition zone, and a snagging zone” Claim 40, lines 2-3).
Regarding claim 13 of the instant application, claims 34 and 35 of U.S. Patent No. 12267672 further discloses wherein the distance between the teeth decreases, as measured across the inner slot from the leading end to the trailing end of the pick-up groove (“pick-up groove incrementally narrows in the direction opposite to the rotational winding direction” Claim 34, “the distance between the sidewall from which each tooth projects to the tip of each tooth is substantially the same” Claim 35).
Regarding claim 14 of the instant application, claims 22 and 23 of U.S. Patent No. 12267672 further discloses each tooth of the first plurality of teeth and the second plurality of teeth includes a face generally facing the leading end of the pick-up groove (“a leading edge configured to first encounter yarn moving further into the pick-up groove as the carrier tube is rotated in the rotational winding direction” Claim 22, lines 18-21), each face having an angle measured from the inner slot sidewall adjacent the respective tooth (“wherein the degree of sharpness of each tooth is based on a radius of curvature of the leading edge of the tooth” Claim 23, lines 1-3). However U.S. Patent No. 12267672 does not explicitly disclose the angle of each face increases moving toward the trailing end of the pick-up groove. It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have the angle of each tooth face increase moving toward the trailing end of the pick-up groove, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. U.S. Patent No. 12267672 discloses “wherein the degree of sharpness of the teeth increases in a direction opposite to the rotational winding direction” (Claim 22, lines 27-29), thus it would have been obvious to try decreasing the sharpness or increasing the angle of the teeth in the direction opposite the rotational winding direction because it is one of a finite number of identified predictable solutions (increase angles, decrease angles, have all teeth with the same angle) having a reasonable expectation of success.
Regarding claim 15 of the instant application, claim 31 of U.S. Patent No. 11267672 further discloses wherein each tooth within the first plurality of teeth is offset from each tooth within the second plurality of teeth (“each tooth within the first set of teeth is offset from each tooth within the second set of teeth” Claim 31, lines 10-11).
Regarding claim 16 of the instant application, claims 22 and 32 of U.S. Patent No. 11267672 further discloses each tooth within the first plurality of teeth and the second plurality of teeth has a tip, distal from the sidewall of the pick-up groove from which the tooth projects (“wherein each of the plurality of teeth comprises:…a tip, where the leading edge and the trailing edge meet, distal from the sidewall from which the tooth projects” Claim 22, lines 15-26); and the tip of at least one tooth of the plurality of teeth extends past the central azimuthal axis (“wherein the tip of at least one tooth of the plurality of teeth extends past the central azimuthal axis of the pick-up groove” Claim 32, lines 1-3).
Regarding claim 17 of the instant application, claims 22 and 35 of U.S. Patent No. 11267672 further discloses wherein: each tooth within the first plurality of teeth and the second plurality of teeth has a tip, distal from the sidewall of the pick-up groove from which the tooth projects (“wherein each of the plurality of teeth comprises:…a tip, where the leading edge and the trailing edge meet, distal from the sidewall from which the tooth projects” Claim 22, lines 15-26); and the distance between the sidewall from which each tooth projects to the tip of each tooth is substantially the same (“wherein the distance between the sidewall from which each tooth projects to the tip of each tooth is substantially the same” Claim 35, lines 1-3).
Regarding claim 18 of the instant application, claims 22 and 36 of U.S. Patent No. 11267672 further discloses wherein: each tooth within the first plurality of teeth and the second plurality of teeth has a tip, distal from the sidewall of the pick-up groove from which the tooth projects (“wherein each of the plurality of teeth comprises:…a tip, where the leading edge and the trailing edge meet, distal from the sidewall from which the tooth projects” Claim 22, lines 15-26); and the distance between the sidewall from which each tooth projects to the tip of each tooth increases in the direction opposite to the rotational winding (“wherein the distance from the sidewall from which each tooth projects to the tip of each tooth increases in the direction opposite to the rotational winding direction” Claim 36, lines 1-4).
Regarding claim 19 of the instant application, claim 37 of U.S. Patent No. 12267672 further discloses wherein the carrier tube is formed from plastic (“wherein the carrier tube is formed from plastic” Claim 37, lines 1-2).
Regarding claim 20 of the instant application, claim 38 of U.S. Patent No. 12267672 further discloses wherein the carrier tube is molded (“wherein the carrier tube is molded” Claim 38, lines 1-2).
Regarding independent claim 21 of the instant application, claims 22 and 33 of U.S. Patent No. 11267672 discloses a reusable yarn carrier tube for winding yarns thereon at high speeds as the carrier tube is rotated in a rotational winding direction, the carrier tube comprising: a hollow cylindrical circumferential wall having an exterior surface and an interior surface which define a thickness of the circumferential wall, and having a first end and a second end (“a circumferential wall formed cylindrically with an exterior surface, and interior surface, and two ends” Claim 22, lines 4-5), and a pick-up groove formed through the thickness of and extending in the azimuthal direction of the circumferential wall (“a pick-up groove : adjacent to an adjacent end of the two ends, and distal from a distal end of the two ends, formed through and extending along the azimuthal direction of the circumferential wall” Claim 22, lines 6-10), the pick-up groove having a first sidewall and a second sidewall defined by the thickness of the circumferential wall (“a pick-up groove:…formed through…the circumferential wall…circumscribed by sidewalls including an adjacent-end-facing sidewall and a distal-end-facing sidewall” Claim 22, lines 6-12)), a barb extending in the azimuthal direction of the circumferential wall, directed toward the leading end of the pick-up groove (“a fang for initially snagging the yarn into the pick-up groove, wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 2-5), a first plurality of teeth projecting from a first sidewall toward a second sidewall and a second plurality of teeth projecting from the second sidewall toward the first sidewall (“a plurality of teeth projecting from the sidewalls of the pick-up groove toward a central azimuthal axis of the pick-up groove” Claim 22, lines 13-15).
However claims 22 and 33 of U.S. Patent No. 11267672 do not explicitly disclose the pick-up groove having a leading end and a trailing end, the trailing end of the pickup groove comprises a barb, the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube and an outer slot positioned between the barb and the first end of the circumferential wall; and the plurality of teeth are within the inner slot, and wherein the leading end of the pick-up groove comprises a leading wall between the first sidewall and the second sidewall and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall.
Couchey et al. teaches a yarn carrier tube, having a leading end (15a, Fig. 3) and a trailing end (15b, Fig. 3), the trailing end of the pickup groove comprises a barb (17, Fig. 3), the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube (18, Fig. 3) and an outer slot positioned between the barb and the first end of the circumferential wall (14, 16, Fig. 3), the leading end of the pick-up groove (15, Fig. 3) comprises a leading wall between the first sidewall and the second sidewall (15a, Fig. 3) and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall (15a extends hyperbolically from 11b to 11a, Fig. 3; Paragraph [0055], lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of U.S. Patent No. 11267672 to add the barb in the configuration taught by Couchey et al. and the leading wall being hyperbolic, in order to “initially snag the single strand of yarn to introduce the yarn into the pick-up groove” (Paragraph [0063], lines 2-4). One would have been motivated to make this modification to ensure the thread is caught for winding on the tube (Paragraph [0060], lines 13-20) and “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3)..
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to place the teeth of U.S. Patent No. 11267672 within the inner slot, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One would have been motivated to make this modification to ensure the thread is secured, after being hooked by the barb, for winding on the tube.
Regarding claim 22 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the leading wall comprises a hyperbolic outer surface connected to an angled ramp. However Couchey et al., teaches the leading wall comprises a hyperbolic outer surface connected to an angled ramp (“the leading end 15a may be tapered, rounded, and/or otherwise smoothed in order to urge yarn into the pick-up groove” Paragraph [0055], lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the yarn carrier tube of U.S. Patent No. 11267672 to have the leading wall of Couchey et al., “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3).
Regarding claim 23 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the leading wall comprises a gradually increasing hyperbolic curve from the exterior surface to the interior surface of the circumferential wall. However, Couchey et al., teaches wherein the leading wall comprises a gradually increasing hyperbolic curve from the exterior surface to the interior surface of the circumferential wall (15a gradually increases hyperbolically from 11b to 11a, Fig. 3; Paragraph [0055], lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the yarn carrier tube of U.S. Patent No. 11267672 to have the leading wall of Couchey et al., “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3).
Regarding claim 24 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the pick-up groove first sidewall and second sidewall are perpendicular to the exterior surface of the circumferential wall. However, Couchey et al. teaches a yarn carrier tube wherein the pick-up groove first sidewall and second sidewall are perpendicular to the exterior surface of the circumferential wall (sidewalls in section 14 are perpendicular to 11a, Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of U.S. Patent No. 11267672 to have the sidewalls of the pick-up groove perpendicular to the exterior surface of the carrier tube as taught by Couchey et al., because it would be simple to manufacture. One would have been motivated to make this modification to reduce cost and simplify production.
Regarding claim 25 of the instant application, U.S. Patent No. 11267672 does not explicitly disclose wherein the outer slot extends away from the leading end of the pick-up groove, in the azimuth direction, further than the inner slot extends. However Couchey et al. teaches a yarn carrier tube wherein the outer slot (14, 16, Fig. 3) extends away from the leading end of the pick-up groove (15a, Fig. 3), in the azimuth direction, further than the inner slot extends (outer slot extends further than inner slot 18, Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pick-up groove to have the outer slot extend further than the inner slot, so that the yarn can begin to wind on the tube while simultaneously being hooked by the barb. One would have been motivated to make this modification to ensure the yarn is caught by the barb and winds properly on the tube (Paragraph [0060], lines 13-20).
Regarding claim 26 of the instant application, claim 31 of U.S. Patent No. 11267672 further discloses wherein each tooth within the first plurality of teeth is offset from each tooth within the second plurality of teeth (“each tooth within the first set of teeth is offset from each tooth within the second set of teeth” Claim 31, lines 10-11).
Regarding independent claim 27 of the instant application, claims 22, 33, and 37 of U.S. Patent No. 11267672 discloses forming a carrier tube (“wherein the carrier tube is formed from plastic” Claim 37, lines 1-2) comprising: a hollow cylindrical circumferential wall having an exterior surface and an interior surface which define a thickness of the circumferential wall, and having a first end and a second end (“a circumferential wall formed cylindrically with an exterior surface, and interior surface, and two ends” Claim 22, lines 4-5), and a pick-up groove formed through the thickness of and extending in the azimuthal direction of the circumferential wall (“a pick-up groove : adjacent to an adjacent end of the two ends, and distal from a distal end of the two ends, formed through and extending along the azimuthal direction of the circumferential wall” Claim 22, lines 6-10), the pick-up groove having a first sidewall and a second sidewall defined by the thickness of the circumferential wall (“a pick-up groove:…formed through…the circumferential wall…circumscribed by sidewalls including an adjacent-end-facing sidewall and a distal-end-facing sidewall” Claim 22, lines 6-12)), a barb extending in the azimuthal direction of the circumferential wall, directed toward the leading end of the pick-up groove (“a fang for initially snagging the yarn into the pick-up groove, wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 2-5), a first plurality of teeth projecting from a first sidewall toward a second sidewall and a second plurality of teeth projecting from the second sidewall toward the first sidewall (“a plurality of teeth projecting from the sidewalls of the pick-up groove toward a central azimuthal axis of the pick-up groove” Claim 22, lines 13-15).
However claims 22, 33, and 37 of U.S. Patent No. 11267672 do not explicitly disclose a method for capturing a thread on a carrier tube, the method comprising: the pick-up groove having a leading end and a trailing end, the trailing end of the pickup groove comprises a barb, the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube and an outer slot positioned between the barb and the first end of the circumferential wall; and the plurality of teeth are within the inner slot, and wherein the leading end of the pick-up groove comprises a leading wall between the first sidewall and the second sidewall and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall; rotating the carrier tube along a longitudinal central axis of the carrier tube, in a rotational winding direction; positioning a thread near the pick-up groove; and once the thread is captured within the pick-up groove, winding the thread onto the carrier tube.
Couchey et al. teaches a method for capturing a thread on a carrier tube (Paragraph [0060], lines 13-33), having a leading end (15a, Fig. 3) and a trailing end (15b, Fig. 3), the trailing end of the pickup groove comprises a barb (17, Fig. 3), the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube (18, Fig. 3) and an outer slot positioned between the barb and the first end of the circumferential wall (14, 16, Fig. 3), the leading end of the pick-up groove (15, Fig. 3) comprises a leading wall between the first sidewall and the second sidewall (15a, Fig. 3) and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall (15a extends hyperbolically from 11b to 11a, Fig. 3; Paragraph [0055], lines 1-3); rotating the carrier tube along a longitudinal central axis of the carrier tube, in a rotational winding direction (W, Fig. 2); positioning a thread near the pick-up groove (20 near pick up groove, Fig. 1A); and once the thread is captured within the pick-up groove, winding the thread onto the carrier tube (20 being wound on tube Figs. 1B, 1C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of U.S. Patent No. 11267672 to use the method and add the barb and leading wall in the configuration taught by Couchey et al., in order to “initially snag the single strand of yarn to introduce the yarn into the pick-up groove” (Paragraph [0063], lines 2-4). One would have been motivated to make this modification to ensure the thread is caught for winding on the tube (Paragraph [0060], lines 13-20) and “to urge yarn into the pick-up groove” (Paragraph [0055], lines 2-3).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to place the teeth of U.S. Patent No. 11267672 within the inner slot, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One would have been motivated to make this modification to ensure the thread is secured, after being hooked by the barb, for winding on the tube.
Regarding claim 28 of the instant application, claim 33 of U.S. Patent No. 11267672 further discloses wherein the barb comprises a tip pointing in the rotational winding direction (“wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 4-5).
Claims 9-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 22 and 33 of U.S. Patent No. 11267672 in view of Couchey et al., US20220153550, as described in Claim 1 above, and further in view of Marotti, Foreign Patent Document, ES2269546.
Regarding claims 9, 10 and 11 of the instant application, U.S. Patent No. 11267672 modified does not explicitly disclose the angle between the second sidewall of the outer slot and the azimuthal direction parallel to the first end of the carrier tube is 20 degrees or less; between 7 and 10 degrees; is 8 degrees. However, Marotti, teaches a yarn carrier tube wherein the angle between the second sidewall of the outer slot and the azimuthal direction parallel to the first end of the carrier tube is 20 degrees or less; between 7 and 10 degrees; is 8 degrees (“specifically slightly inclined with respect to the direction perpendicular to the longitudinal axis of the tubular body” Page 1, paragraph 8, lines 3-5; see Annotated Figures 1 and 2 of Marotti, below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of U.S. Patent No. 11267672 to have the angle as taught by Marotti, such a modification allows for “facilitating the interception and hooking of the end of the thread in the same body” (Page 1, paragraph 8, lines 3-5).
PNG
media_image1.png
622
558
media_image1.png
Greyscale
Annotated Figures 1 and 2 of Marotti
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) 1-8, 12-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over US11267672 (hereinafter “Couchey et al. ‘672”).
Regarding independent claim 1, Couchey et al. ‘672 discloses a reusable yarn carrier tube for winding yarns thereon at high speeds as the carrier tube is rotated in a rotational winding direction, the carrier tube comprising: a hollow cylindrical circumferential wall having an exterior surface and an interior surface which define a thickness of the circumferential wall, and having a first end and a second end (60, Fig. 2), and a pick-up groove formed through the thickness of and extending in the azimuthal direction of the circumferential wall (15, Fig. 2), the pick-up groove having a first sidewall and a second sidewall defined by the thickness of the circumferential wall (15 defined by 11a, 11b, Fig. 3) having a leading end (15a, Fig. 3) and a trailing end (15b, Fig. 3) the trailing end of the pickup groove comprises a barb (17, Fig. 3) extending in the azimuthal direction of the circumferential wall, directed toward the leading end of the pick-up groove (17, Fig. 3) the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube (18, Fig. 3) and an outer slot positioned between the barb and the first end of the circumferential wall (14, 16, Fig. 3), a first plurality of teeth projecting from a first sidewall toward a second sidewall and a second plurality of teeth projecting from the second sidewall toward the first sidewall (40, Fig. 4).
Couchey et al. ‘672 does not disclose the plurality of teeth are within the inner slot.
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to place the teeth of Couchey et al. ‘672 within the inner slot, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One would have been motivated to make this modification to ensure the thread is secured, after being hooked by the barb, for winding on the tube.
Regarding claim 2, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein the leading end of the pick-up groove (15, Fig. 3) comprises a leading wall between the first sidewall and the second sidewall (15a, Fig. 3) and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall (15a extends hyperbolically from 11b to 11a, Fig. 3; Column 10, lines 1-3).
Regarding claim 3, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 2, and the leading wall comprises a hyperbolic outer surface connected to an angled ramp (“the leading end 15a may be tapered, rounded, and/or otherwise smoothed in order to urge yarn into the pick-up groove” Column 10, lines 1-3).
Regarding claim 4, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 2, and wherein the leading wall comprises a gradually increasing hyperbolic curve from the exterior surface to the interior surface of the circumferential wall (15a gradually increases hyperbolically from 11b to 11a, Fig. 3; Column 10, lines 1-3).
Regarding claim 5, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in Claim 1 above, and a yarn carrier tube wherein the pick-up groove first sidewall and second sidewall are perpendicular to the exterior surface of the circumferential wall (sidewalls in section 14 are perpendicular to 11a, Fig. 3).
Regarding claim 6, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein the outer slot (14, 16, Fig. 3) extends away from the leading end of the pick-up groove (15a, Fig. 3), in the azimuth direction, further than the inner slot extends (outer slot extends further than inner slot 18, Fig. 3).
Regarding claim 7, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above and wherein the barb comprises a tip pointing in the rotational winding direction (“wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 4-5).
Regarding claim 8, Couchey et al. ‘672 modified, teaches the invention substantially as claimed as described in claim 1 above, and wherein the outer slot further includes a first side wall positioned nearer the first end of the carrier tube and a second sidewall positioned nearer the inner slot (“a pick-up groove:…circumscribed by sidewalls including an adjacent-end-facing sidewall and a distal-end-facing sidewall” Claim 22, lines 6-12).
Regarding claim 12, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein the pick-up groove includes a gathering zone and a snagging zone (“at least one of a gathering zone, a transition zone, and a snagging zone” Claim 40, lines 2-3).
Regarding claim 13, Couchey et al. ‘672 teaches the invention substantially as claimed as described in claim 1 above, and wherein the distance between the teeth decreases, as measured across the inner slot from the leading end to the trailing end of the pick-up groove (“pick-up groove incrementally narrows in the direction opposite to the rotational winding direction” Claim 34, “the distance between the sidewall from which each tooth projects to the tip of each tooth is substantially the same” Claim 35).
Regarding claim 14, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and each tooth of the first plurality of teeth and the second plurality of teeth includes a face generally facing the leading end of the pick-up groove (“a leading edge configured to first encounter yarn moving further into the pick-up groove as the carrier tube is rotated in the rotational winding direction” Claim 22, lines 18-21), each face having an angle measured from the inner slot sidewall adjacent the respective tooth (“wherein the degree of sharpness of each tooth is based on a radius of curvature of the leading edge of the tooth” Claim 23, lines 1-3).
Couchey et al. ‘672 as modified does not disclose the angle of each face increases moving toward the trailing end of the pick-up groove. It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to have the angle of each tooth face increase moving toward the trailing end of the pick-up groove, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Couchey et al. ‘672 discloses “wherein the degree of sharpness of the teeth increases in a direction opposite to the rotational winding direction” (Claim 22, lines 27-29), thus it would have been obvious to try decreasing the sharpness or increasing the angle of the teeth in the direction opposite the rotational winding direction because it is one of a finite number of identified predictable solutions (increase angles, decrease angles, have all teeth with the same angle) having a reasonable expectation of success.
Regarding claim 15, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein each tooth within the first plurality of teeth is offset from each tooth within the second plurality of teeth (“each tooth within the first set of teeth is offset from each tooth within the second set of teeth” Claim 31, lines 10-11).
Regarding claim 16, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and each tooth within the first plurality of teeth and the second plurality of teeth has a tip, distal from the sidewall of the pick-up groove from which the tooth projects (“wherein each of the plurality of teeth comprises:…a tip, where the leading edge and the trailing edge meet, distal from the sidewall from which the tooth projects” Claim 22, lines 15-26); and the tip of at least one tooth of the plurality of teeth extends past the central azimuthal axis (“wherein the tip of at least one tooth of the plurality of teeth extends past the central azimuthal axis of the pick-up groove” Claim 32, lines 1-3).
Regarding claim 17, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein: each tooth within the first plurality of teeth and the second plurality of teeth has a tip, distal from the sidewall of the pick-up groove from which the tooth projects (“wherein each of the plurality of teeth comprises:…a tip, where the leading edge and the trailing edge meet, distal from the sidewall from which the tooth projects” Claim 22, lines 15-26); and the distance between the sidewall from which each tooth projects to the tip of each tooth is substantially the same (“wherein the distance between the sidewall from which each tooth projects to the tip of each tooth is substantially the same” Claim 35, lines 1-3).
Regarding claim 18, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein: each tooth within the first plurality of teeth and the second plurality of teeth has a tip, distal from the sidewall of the pick-up groove from which the tooth projects (“wherein each of the plurality of teeth comprises:…a tip, where the leading edge and the trailing edge meet, distal from the sidewall from which the tooth projects” Claim 22, lines 15-26); and the distance between the sidewall from which each tooth projects to the tip of each tooth increases in the direction opposite to the rotational winding (“wherein the distance from the sidewall from which each tooth projects to the tip of each tooth increases in the direction opposite to the rotational winding direction” Claim 36, lines 1-4).
Regarding claim 19, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein the carrier tube is formed from plastic (“wherein the carrier tube is formed from plastic” Claim 37, lines 1-2).
Regarding claim 20, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described in claim 1 above, and wherein the carrier tube is molded (“wherein the carrier tube is molded” Claim 38, lines 1-2).
Regarding independent claim 21, Couchey et al. ‘672 discloses a reusable yarn carrier tube for winding yarns thereon at high speeds as the carrier tube is rotated in a rotational winding direction, the carrier tube comprising: a hollow cylindrical circumferential wall having an exterior surface and an interior surface which define a thickness of the circumferential wall, and having a first end and a second end (60, Fig. 2), and a pick-up groove formed through the thickness of and extending in the azimuthal direction of the circumferential wall (15, Fig. 2), the pick-up groove having a first sidewall and a second sidewall defined by the thickness of the circumferential wall (15 defined by 11a, 11b, Fig. 3) having a leading end (15a, Fig. 3) and a trailing end (15b, Fig. 3) the trailing end of the pickup groove comprises a barb (17, Fig. 3) extending in the azimuthal direction of the circumferential wall, directed toward the leading end of the pick-up groove (17, Fig. 3) the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube (18, Fig. 3) and an outer slot positioned between the barb and the first end of the circumferential wall (14, 16, Fig. 3), a first plurality of teeth projecting from a first sidewall toward a second sidewall and a second plurality of teeth projecting from the second sidewall toward the first sidewall (40, Fig. 4) and wherein the leading end of the pick-up groove (15, Fig. 3) comprises a leading wall between the first sidewall and the second sidewall (15a, Fig. 3) and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall (15a extends hyperbolically from 11b to 11a, Fig. 3; Column 10, lines 1-3).
Couchey et al. ‘672 does not disclose the plurality of teeth are within the inner slot.
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to place the teeth of Couchey et al. ‘672 within the inner slot, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One would have been motivated to make this modification to ensure the thread is secured, after being hooked by the barb, for winding on the tube.
Regarding claim 22, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 21 and the leading wall comprises a hyperbolic outer surface connected to an angled ramp (“the leading end 15a may be tapered, rounded, and/or otherwise smoothed in order to urge yarn into the pick-up groove” Column 10, lines 1-3).
Regarding claim 23, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 21 and wherein the leading wall comprises a gradually increasing hyperbolic curve from the exterior surface to the interior surface of the circumferential wall (15a gradually increases hyperbolically from 11b to 11a, Fig. 3; Column 10, lines 1-3).
Regarding claim 24, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 21 and wherein the pick-up groove first sidewall and second sidewall are perpendicular to the exterior surface of the circumferential wall (sidewalls in section 14 are perpendicular to 11a, Fig. 3).
Regarding claim 25 Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 21 and wherein the outer slot (14, 16, Fig. 3) extends away from the leading end of the pick-up groove (15a, Fig. 3), in the azimuth direction, further than the inner slot extends (outer slot extends further than inner slot 18, Fig. 3).
Regarding claim 26, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 21 and wherein each tooth within the first plurality of teeth is offset from each tooth within the second plurality of teeth (“each tooth within the first set of teeth is offset from each tooth within the second set of teeth” Claim 31, lines 10-11).
Regarding independent claim 27, Couchey et al. ‘672 discloses a method for capturing a thread on a carrier tube (Column 11, lines 8-11) forming a carrier tube (“wherein the carrier tube is formed from plastic” Claim 37, lines 1-2) comprising: a hollow cylindrical circumferential wall having an exterior surface and an interior surface which define a thickness of the circumferential wall, and having a first end and a second end (“a circumferential wall formed cylindrically with an exterior surface, and interior surface, and two ends” Claim 22, lines 4-5), and a pick-up groove formed through the thickness of and extending in the azimuthal direction of the circumferential wall (“a pick-up groove : adjacent to an adjacent end of the two ends, and distal from a distal end of the two ends, formed through and extending along the azimuthal direction of the circumferential wall” Claim 22, lines 6-10), the pick-up groove having a first sidewall and a second sidewall defined by the thickness of the circumferential wall (“a pick-up groove:…formed through…the circumferential wall…circumscribed by sidewalls including an adjacent-end-facing sidewall and a distal-end-facing sidewall” Claim 22, lines 6-12)) having a leading end (15a, Fig. 3) and a trailing end (15b, Fig. 3), the trailing end of the pickup groove comprises a barb (17, Fig. 3), extending in the azimuthal direction of the circumferential wall, directed toward the leading end of the pick-up groove (“a fang for initially snagging the yarn into the pick-up groove, wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 2-5) the barb defining an inner slot positioned between the barb and a longitudinal central portion of the carrier tube (18, Fig. 3) and an outer slot positioned between the barb and the first end of the circumferential wall (14, 16, Fig. 3), a first plurality of teeth projecting from a first sidewall toward a second sidewall and a second plurality of teeth projecting from the second sidewall toward the first sidewall (“a plurality of teeth projecting from the sidewalls of the pick-up groove toward a central azimuthal axis of the pick-up groove” Claim 22, lines 13-15) the leading end of the pick-up groove (15, Fig. 3) comprises a leading wall between the first sidewall and the second sidewall (15a, Fig. 3) and extends hyperbolically from the exterior surface to the interior surface of the circumferential wall (15a extends hyperbolically from 11b to 11a, Fig. 3; Paragraph [0055], lines 1-3); rotating the carrier tube along a longitudinal central axis of the carrier tube, in a rotational winding direction (W, Fig. 2); positioning a thread near the pick-up groove (20 near pick up groove, Fig. 1A); and once the thread is captured within the pick-up groove, winding the thread onto the carrier tube (20 being wound on tube Figs. 1B, 1C)..
However Couchey et al. ‘672 does not disclose the plurality of teeth are within the inner slot.
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the claimed invention to place the teeth of U.S. Patent No. 11267672 within the inner slot, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One would have been motivated to make this modification to ensure the thread is secured, after being hooked by the barb, for winding on the tube.
Regarding claim 28, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 27 and the barb comprises a tip pointing in the rotational winding direction (“wherein the fang includes a tip pointing in the rotational winding direction” Claim 33, lines 4-5).
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Couchey et al. ‘672, US11267672 in view of Marotti, Foreign Patent Document, ES2269546.
Regarding claims 9, 10 and 11, Couchey et al. ‘672 modified teaches the invention substantially as claimed as described above in claim 8 and a yarn carrier tube.
Couchey et al. ‘672 does not disclose the angle between the second sidewall of the outer slot and the azimuthal direction parallel to the first end of the carrier tube is 20 degrees or less; between 7 and 10 degrees; is 8 degrees.
However, Marotti, teaches a yarn carrier tube wherein the angle between the second sidewall of the outer slot and the azimuthal direction parallel to the first end of the carrier tube is 20 degrees or less; between 7 and 10 degrees; is 8 degrees (“specifically slightly inclined with respect to the direction perpendicular to the longitudinal axis of the tubular body” Page 1, paragraph 8, lines 3-5; see Annotated Figures 1 and 2 of Marotti, above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the carrier tube of modified Couchey et al. ‘672 to have the angle as taught by Marotti, such a modification allows for “facilitating the interception and hooking of the end of the thread” (Page 1, paragraph 8, lines 3-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYNNE BURRELL whose telephone number is (703)756-1344. The examiner can normally be reached 10:00am - 6:00pm EST.
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, Victoria Augustine can be reached at (313) 446-4858. 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.
/K.R.B./ Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
Prosecution Insights