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 .
Election/Restrictions
Claims 18-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventions II & III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/27/2026.
Claims 1-17 are being treated on the merits.
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) 1, 2, 5-7, 9 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over NEELY et al. (US 2014/0352589 A1) in view of DAVIS et al. (US 5,588,383).
Regarding claim 1, NEELY discloses a tufting machine (T) for forming artificial grass or turf products with patterned designs (Abstract), comprising: at least one needle bar (11) having a plurality of needles (30) (Figures 1-3A); a yarn feed system configured to feed a plurality of yarns to the needles (30) (para 0008); wherein the needles (30) are moved (10) in a reciprocating movement toward and away form a backing (B) moving along a path of travel through the tufting machine to introduce selected yarns into the backing as the needles penetrate the backing (B)(Figures 1-2); at least one shift mechanism (33) for shifting/moving the backing (B) transversely (in direction 14 which is transverse to the needles (30) and transverse to the length of the tufting machine (T) (Fig. 1). NEELY fails to disclose the needles being hollow needles. As is old and known in the art, DAVIS discloses a tufting machine (10) that uses hollow needles (18) in order to produce a complex pattern in a high-speed manner (Figures 1, 2B and 5). DAVIS discloses the hollow needles (18). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have incorporated the tufting machine of NEELY with hollow needles, in light of the teachings of DAVIS, in order to produce a complex pattern in a high-speed manner. NEELY does not specifically disclose the yarns comprise artificial grass and turf yarns and include at least two artificial grass or turf yarns of different colors and two artificial grass or turf yarns of a same color. However, DAVIS discloses the use of various colors to produce different patterns (Col. 13, line 7-11). It would have been obvious to one of ordinary skill in the art before the effective filing date to use different color yarns for the purpose of providing a multicolored pattern design which is aesthetically pleasing. NEELY fails to disclose a yarn selection system as claimed. DAVIS discloses a tufting machine (10) comprising a yarn selection system (250) arranged along a path of travel of yarns between a yarn feed system (28) and needles (18), the yarn selection system configured to retract and/or hold back non-selected yarns supplied by the yarn feed system to one or more of the needles (Figures 1 and 2A). Note that DAVIS discloses a control system (30) for controlling the yarn selection system (yarn supply controllers 464 thereof) and all other aspects of the tufting machine (Figures 22-26). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the tufting machine of NEELY with a yarn selection system, in light of the teachings of DAVIS, in order to supply each needle with an exact length of at least one yarn to each needle. NEELY fails to disclose a cutting system as claimed. DAVIS discloses a cutting system (Col. 11, line 23-Col. 12, line 36) arranged below the backing (Figures 5-6) and including at least one knife or cutting blade configured to cut the selected yarns as selected yarns are carried into the backing with the reciprocations of the needles into and our of the backing (Col. 11, line 23-Col. 12, line 36). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the tufting machine of NEELY with a cutting system, in light of the teachings of DAVIS, in order to cut yarns. For future reference, please note DAVIS et al. (US 5,588,383) which discloses a shift mechanism (94, 96) that shifts a backing transversely relative to a backing advancing direction.
Regarding Claim 2, the combination of NEELY and DAVIS disclose a control system (DAVIS, 30) including programming configured to control operation of the yarn feed system for feeding a length of each of the selected yarns to the needles to substantially sufficient to form a tuft of predetermined pile height, operation of the yarn selection system, and operation of the at least one shift mechanism to enable presentation of different colors or types of yarns to each of a plurality of stitch locations of a pattern being formed (Col. 20, line 42 – Col. 24, line 63).
Regarding Claim 5, the combination of NEELY and DAVIS disclose the at least one needle bar (11) comprises a series of openings spaced there along (para. 008) and in communication with a passage extending through a corresponding needle; wherein the yarns are directed through the openings in the at least one needle bar and into the needles (para. 28-29).
Regarding Claim 6, the combination of NEELY and DAVIS disclose the needles are arranged along the at least one needle bar at a selected gauge spacing based on a selected gauge of a patterned artificial grass or turf product being produced by the tufting machine (para. 25-29).
Regarding Claim 7, NEELY fails to disclose an air-induced yarn feed apparatus. However, DAVIS discloses an air-induced yarn feed apparatus (Col. 17, line 39-Col. 18, line 25) coupled to an air supply and configured to direct flows of air through the at least one needle bar to assist feeding of the yarns through the needles (Col. 17, line 39-Col. 18, line 25). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the tufting machine of NEELY with an air-induced yarn feed apparatus, in light of the teachings of DAVIS, in order to prevent tangling while simultaneously feeding the yarn.
Regarding Claim 9, the combination of NEELY and DAVIS disclose the at least one knife or cutting blade comprises a substantially flat cutting surface (DAVIS, angled surface wherein blade 170 slides to cut yarn).
Regarding Claim 10, the combination of NEELY and DAVIS fail to disclose details of the needles being hollow needles. DAVIS discloses the hollow needles (18) each comprise a body having an internal passage (164) defined therein, a first end received within a needle bar (142); and a second end terminating at a tip (166) and having a flattened cutting surface (angled surface wherein blade 170 slides to cut yarn) configured for cutting flat ribbon yarns or filaments (Figures 5-7). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have incorporated the tufting machine of NEELY with hollow needles, in light of the teachings of DAVIS, in order to produce a complex pattern in a high-speed manner.
Claim(s) 3, 4 & 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over NEELY et al. (US 2014/0352589 A1) in view of DAVIS et al. (US 5,588,383) and in further view of HALL (US 2016/0289880 A1).
Regarding claim 3, NEELY in view of DAVIS teaches a tufting machine comprising a yarn selection system as discussed above. However, NEELY in view of DAVIS fails to disclose a plurality of yarn jerkers. As is old and known in the art, HALL discloses a tufting machine comprising a plurality of yarn jerker (100; 101-103) to maintain yarn tension while the needles (17A) are being reciprocated into and out of a backing material (para 0034) (Fig. 7). HALL discloses the yarn jerkers adapted to engage the yarns being fed to the needles and a plurality of actuators actuator (spring, solenoid, or pneumatic actuator) (para 0034) each linked to at least one yarn jerker and adapted to move the yarn jerkers between an extended position to allow passage of the selected yarns from the yarn feed system through the needles (para 0034) (Fig. 7), and a retracted position to retract and/or hold the non- selected yarns supplied by the yarn feed system within the needles (para 0034) (Fig. 7). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the yarn selection system of NEELY in view of DAVIS with one or more yarn jerkers, in light of the teachings of HALL, in order to maintain yarn tension while the needles are being reciprocated into and out of a backing material. Note that it has been held that the mere duplication of parts only involves routine skill in the art (See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8).
Regarding Claim 4, the combination of NEELY, DAVIS and HALL disclose the control system includes programing configured to dynamically advance operation of the yarn feed system and the yarn jerkers or the yarn selection system in advance of a next stitch placement step of a pattern being formed (DAVIS, Col. 20, line 42 – Col. 24, line 63).
Regarding Claims 11-17, are also rejection under 35 U. S. C. 103 bye NEELY in view of DAVIS and in further view of HALL for the reason addressed above.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over NEELY et al. (US 2014/0352589 A1) in view of DAVIS et al. (US 5,588,383) and in further view of WALSH (USPN 1,274,474).
Regarding Claim 8, NEELY fails to disclose a rack and pinion shift mechanism. As is old and known in the art, WALSH discloses a rack and pinion shift mechanism (Page 8, line 28-115). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have incorporated the tufting machine of NEELY with pinon and rack shift mechanism, in light of the teachings of WALSH, in order to produce a movement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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