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: in Paragraph [0031] the “force measurement device” is referred to as reference element 15 and 35 on separate occasions, however it is originally referred to as element 36 in line 2.
Appropriate correction is required.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al., US10563728.
Regarding independent claim 11, Suzuki et al. discloses a swivel drive (10, Fig. 1) configured for a winding device for winding a thread onto a bobbin tube to form a bobbin (a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art, if the prior art structure is capable of performing the intended use, then it meets the claim), the swivel drive comprising: a swivel axis (34, Fig. 1); a drive shaft (12, Fig. 1); a motor coupled with the drive shaft (Column 3, lines 27-29), wherein the drive shaft has a drive axis (30, Fig. 1); a first gear stage coupled to the drive shaft (36, Fig. 1); a second gear stage coupled to the first gear stage (42, Fig. 1), the second gear stage having a gear output in the swivel axis (output of 42 is via 34, Fig. 1); and the first gear stage comprising a first crown gear (22, Fig. 2) and the second gear stage comprising a second crown gear (28, 18, Fig. 2).
Regarding claim 12, Suzuki et al. discloses the limitations of claim 11, and wherein the first gear stage comprises a first pinion (20, Fig. 1) rotationally driven by the motor (Column 4, lines 38-43) and engaged with the first crown gear (20 engages with 22, 16, Fig. 1, 2).
Regarding claim 13, Suzuki et al. discloses the limitations of claim 12, and comprising a second pinion (26, Fig. 2) coupling the first crown gear to the second crown gear (pinion 26 coaxial with first crown gear 22, engaged with second crown gear 28, Fig. 2), wherein the first crown gear and the second pinion are connected via a common axis (32, Fig. 1).
Regarding claim 14, Suzuki et al. discloses the limitations of claim 11, and wherein the motor is configured with an angle measurement (Column 4, lines 38-43).
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) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christe, US20200087821 in view of Suzuki et al., US10563728.
Regarding independent claim 15, Christe discloses a winding device (1, Fig. 1) for winding a thread onto a bobbin tube in forming a wound bobbin (Fig. 1), comprising: a first swivel arm (7, Fig. 1) with a swivel axis (11, Fig. 1); a tube receptacle arranged on the first swivel arm to receive the bobbin tube (9, Fig. 1); a support roller configured to abut the bobbin tube and the wound bobbin (3, Fig. 1); a swivel drive (13, Fig. 1), the swivel drive further comprising: a swivel axis (11, Fig. 1); a drive shaft (11, Fig. 1); a motor coupled with the drive shaft (motor 13 is coupled to drive shaft 11, Fig. 1), wherein the drive shaft has a drive axis (11, Fig. 1);
Christe does not disclose a first gear stage coupled to the drive shaft; a second gear stage coupled to the first gear stage, the second gear stage having a gear output in the swivel axis; and the first gear stage comprising a first crown gear and the second gear stage comprising a second crown gear.
However, Suzuki et al. teaches a swivel drive having a motor coupled to a drive shaft having a first gear stage coupled to the drive shaft (36, Fig. 1); a second gear stage coupled to the first gear stage (42, Fig. 1), the second gear stage having a gear output in the swivel axis (output of 42 is via 34, Fig. 1); and the first gear stage comprising a first crown gear (22, Fig. 2) and the second gear stage comprising a second crown gear (28, 18, Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the swivel drive of Christe with the first and second gear stage of Suzuki et al. in order to accommodate space constraints, gear reduction requirements, and increase degrees of freedom of the drive (Column 2, lines 18-21; Suzuki et al.).
Regarding claim 16, modified Christe teaches the limitations of claim 15, and further comprising a controller configured to control the swivel drive according to a yarn count input into the controller (Paragraph [0022], lines 21-34).
Regarding claim 17, modified Christe teaches the limitations of claim 15, and further comprising a force measurement device (12, Fig. 3) configured to measure an abutment force (F, Fig. 4) acting on the first swivel arm from abutment of the wound bobbin against the support roller (Paragraph [0022], lines 21-34).
Regarding claim 18, modified Christe teaches the limitations of claim 17, and further comprising a controller in communication with the swivel drive, the controller configured to determine a swiveling movement of the first swiveling arm about the swivel axis based on the abutment force to maintain the abutment force constant (Paragraph [0022], lines 21-34).
Regarding claim 19, modified Christe teaches the limitations of claim 15, and further comprising a second swivel arm (6, Fig. 1, 3) and a second tube receptacle arranged on the second swivel arm (8, Fig. 3), the swivel axis common to the first and second swivel arms (11 common to 6 and 7, Fig. 1, 3).
Regarding claim 20, modified Christe teaches the limitations of claim 15, and a winding machine (Paragraph [0002], lines 1-3) comprising the winding device (1, Fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/K.R.B./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619