DETAILED ACTION
Claims 9-19 are pending. Claims 9 and 12 are amended.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 13, 2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on April 13, 2026. As directed by the amendment: claims 9 and 12 have been amended and claims 17-19 have been added. Thus, claims 9-19 are presently pending in this application.
Applicant’s amendment to the claims has overcome the 35 USC §103 rejections, however most claims remain rejected under §103 as detailed below.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim 12 recites that the upper thread supply is non-parallel with the needle bar, but this language is not found in the specification (although the concept is depicted in the Figures).
Claim Objections
Claim 14 is objected to because of the following informalities: claim 14 includes the status identifier “currently amended”, however the claim is not amended. Appropriate correction is required.
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 9-19 are 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 pre-AIA the applicant regards as the invention.
Claim 9 recites:
“a sewing drive motor (17) attached at a rear end of the housing arm portion (27), the sewing drive motor (17) being controlled by the CNC controller (2) and configure to move
a needle bar (9) up and down in a controlled manner, and
an upper thread guide for guiding an upper thread from an upper thread supply (10) to the needle bar (9)”. Due to the use of paragraphs and particular language it is unclear what the CNC controller is configured to move. As written the sewing part includes “a housing arm portion, a sewing drive motor, a needle bar, and an upper thread guide”. Each of these limitations is indented under “an upper sewing part”, however “a needle bar” remains indented, but also is tied to “a sewing drive motor”. It is therefore unclear if the CNC controller is claimed to move the needle bar and the upper thread guide, or if the upper sewing part merely includes an upper thread guide. The examiner is interpreting this as the latter.
The dependent claims inherit(s) the deficiency by nature of dependency.
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 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.
Claims 9, 14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustmann et al. (US 4572091) in view of Tice (US 5458075) and Hayakawa (KR 20090023202).
Regarding claim 9, Gustmann describes a sewing unit (see Fig. 1 with thread), comprising:
at least one sewing machine (see Fig. 1), comprising:
a generally C-shaped frame (is C-shaped)
a workpiece bed plate (base plate 1) arranged at a lower front end of the generally C-shaped frame (is at a lower end) for provision of a workpiece bed (top surface of plate 1),
an upper sewing part (see annotated Fig. 1) arranged at an upper front end of the generally C-shaped frame, the upper sewing part including
a housing arm portion (see annotated Fig. 1)
a needle bar (needle bar 5) movable up and down in a controlled manner and
an upper thread guide (guide pine 10) for guiding an upper thread from an upper thread supply (spool 9 and thread therefrom) to the needle bar (5), and
at least one lower sewing part (rotary hook 21, shaft 19), cooperating with the upper sewing part (see annotated Fig. 1) to form a seam,
a looper (21),
wherein the looper (21) can be rotationally driven in a controlled manner and has a lower thread supply (bobbin 75) in a looper bobbin case (bobbin case holder 36),
wherein the looper (21) can rotate about an axis (axis of 19) which extends parallel to the workpiece bed (19 is parallel to workpiece bed),
wherein the looper has a diameter (has a diameter),
with a bobbin case holding component (stop finger 48) disposed in a region of the workpiece bed being in engagement with the looper bobbin case (36) in such a way that, during a rotation of the looper, the looper bobbin case (stop finger secures 36 against rotation, col. 5, ll. 40-43) does not rotate therewith, and
with a bobbin case lifter (case lifter 77) which can be driven in a controlled manner for displacement of the looper bobbin case (36) between
a neutral position (when lifter is lowered, which happens when eccentric rod 81 is driven by shaft 82, col. 6, ll. 30-34) and
an opened position in which a free space for a thread (N) between the looper bobbin case (36) and the bobbin case holding component (48) is enlarged in comparison with the neutral position (gap created when pressed, col. 7, ll. 40-54).
Gustmann does not explicitly describe a CNC controller; and
a sewing drive machine attached a rear end of the housing arm portion, the sewing drive motor being controlled by the CNC controller and configured to move a needle bar
a sewing drive, the sewing drive being controlled by the CNC controller and configured to drive a looper
In related art for sewing machines, Tice describes a CNC controller (controller 104, adjusts voltage to each motor, col. 5, ll. 40-44); and
a sewing drive machine (servo motor 26) attached a rear end of the housing arm portion (see annotated Fig. 1, is at rear end of housing arm portion), the sewing drive motor being controlled by the CNC controller (controller 104, adjusts voltage to each motor, col. 5, ll. 40-44) and configured to move a needle bar (moves needle bar shaft, col. 4, ll. 14-18),
a sewing drive (bobbin 28), the sewing drive being controlled by the CNC controller (controller 104, adjust voltage to each motor, col. 5, ll. 40-44) and configured to drive a looper (bobbin 22).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the machine of Gustmann to include the dual motor configuration and hand wheel as described in Tice in order to eliminate mechanical connections between the needle and bobbin, thereby improving efficiency, reliability, and versatility (Tice, col. 2, ll. 1-3).
Gustmann as modified does not explicitly describe that the looper has a diameter of at least 30 mm.
In related art for sewing machines. Hayakawa describes the looper has a diameter of at least 30 mm (42 mm, para. 30).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the looper to have a diameter of at least 30 in order to accommodate a standard sized lower thread bobbin (Hayakawa, para. 29 and 30 describing that the diameter is related to the size of the bobbin, and that a standard size hook is 42 mm).
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Regarding claim 14, Gustmann as modified describes the sewing unit as claimed in claim 9, wherein the at least one sewing machine comprises an activatable thread tensioner (thread tensioning device 8, activated when thread is used) for setting a thread tension of the upper thread.
Regarding claim 19, Gustmann as modified describes the sewing unit as claimed in claim 9 further comprising a hand wheel (handwheel 11, Tice) operatively coupled to an arm shaft (electronically coupled, Tice) of the upper sewing part (handwheel dictates movement to all sewing parts, col. 8, ll. 6-8, Tice) such that rotation of the hand wheel (11, Tice) effects movement of the needle bar (from Gustmann), wherein an axis of rotation of the hand wheel extends parallel to the workpiece bed and perpendicular to a longitudinal direction of the housing arm portion (see annotated Fig. 1, Tice, below).
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Claims 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustmann et al. (US 4572091) in view of Tice (US 5458075), Hayakawa (KR 20090023202), Bass et al. (US 4100867) and Brother (see PTO-892).
Regarding claim 12, Gustmann as modified describes the sewing unit as claimed in claim 9, wherein the housing arm portion terminates in a housing head (see annotated Fig. 1 above, terminates in the head),
wherein the needle bar (5) is guided in the housing head (see Fig. 1).
Gustmann as modified does not explicitly describe wherein the upper thread supply (10) is mounted on a bracket at a front end of the housing head (26), a longitudinal axis of the upper thread supply (10) being non-parallel with the needle bar (9).
In related art for sewing machines Bass describe wherein the upper thread supply (spool 24) is mounted on a bracket (projection 84) at a front end of the housing head (see Fig. 2), a longitudinal axis of the upper thread supply (24) being non-parallel with the needle bar (needle carrier 94, is perpendicular to the needle bar) and includes an upper thread guide (eyelet 126).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to include the upper supply as included in Bass in order to provide for an easy and uncomplicated manner to change the thread.
Gustmann as modified does not explicitly describe a width in a dimension parallel to the workpiece bed and perpendicular to the housing arm portion which amounts to a maximum of 300 mm.
In related art, Brother describes a sewing machine that includes a width of 5.9 inches which is less than 300 mm.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the sewing machine of Gustmann to be the width of Brother in order to provide a machine that does not take up a large amount of space, especially for beginner sewists who may not use one frequently (see description describing use for beginners and comment from Matt K, a beginner, on September 20, 2016).
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Regarding claim 13, Gustmann as modified describes the sewing unit as claimed in claim 12, wherein the upper thread supply (spool 10, Hashiride) is mounted on the housing head (is in the head, Hashiride) as an extension of the housing arm portion (forms an extension of the arm, see Figs. 1 and 2, Hashiride).
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustmann et al. (US 4572091) in view of Tice (US 5458075), Hayakawa (KR 20090023202) and Gross et al. (US 20110030599).
Regarding claim 10, Gustmann as modified describes the sewing unit as claimed in claim 9, but does not explicitly describe further comprising a thread cutting device (44) for cutting off thread ends of the upper thread and/or of a lower thread which protrude above a formed seam and have a maximum excess length of 15 mm.
In related art directed to cutting threads associated with sewing material, Gross describes a thread cutting device (cutting device 80) for cutting off thread ends of the upper thread and/or of a lower thread which protrude above a formed seam and have a maximum excess length of 15 mm (cuts upper and/or lower thread, para. 0078, such that threads are 10 mm at maximum, para. 0078-0079).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the machine of Gustmann to include the cutter as described in Gross in order to provide a flush surface so that thread is not extending beyond the surface providing a clean looking material.
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustmann et al. (US 4572091) in view of Tice (US 5458075) , Hayakawa (KR 20090023202), Gross et al. (US 20110030599) and Rodriguez (US 8104413).
Regarding claim 11, Gustmann as modified describes the sewing unit as claimed in claim 10, but does not explicitly describe wherein the thread cutting device (44) comprises a cutting blade (45) which is driven in a controlled manner by a dual-acting pneumatic cylinder (47).
In related art for sewing machines, Rodriguez describes wherein the thread cutting device comprises a cutting blade (knife) which is driven in a controlled manner by a dual-acting pneumatic cylinder (activated and deactivated cylinder, col. 2, ll. 53-64 describing activating a cylinder to cause knife to move, and deactivating causing knife to cut the threads).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the unit of Gustmann to include the mechanism of Rodriguez in order to provide automated cutting of a thread at the end of a thread cycle thereby simplifying the stitching process for a user (col. 2, ll. 45-55).
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustmann et al. (US 4572091) in view of Tice (US 5458075), Hayakawa (KR 20090023202), and Fritz (US 2140693).
Regarding claim 15, Gustmann as modified describes the sewing unit as claimed in claim 9, but does not explicitly describe wherein the at least one sewing machine (3) comprises a presser foot bar (19) with activatable foot height adjustment (20).
In related art for sewing units, Fritz describes wherein the at least one sewing machine comprises a presser foot bar with activatable foot height adjustment (presser foot is adjustable in height, col. 1, ll. 40-44).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the presser bar to be adjustable in order to regulate the height depending on the thickness of the material being utilized (Fritz, col. 1, ll. 40-44).
Claim 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustmann et al. (US 4572091) in view of Tice (US 5458075), Hayakawa (KR 20090023202), and Heimann et al. (US 3741138).
Regarding claim 16, Gustmann as modified describes the sewing unit as claimed in claim 9, but does not explicitly describe wherein the at least one sewing machine (3) is one of a plurality of sewing machines (3),and wherein the plurality of sewing machines (3) are supported by a common support frame of the sewing unit (1) and can be displaced with respect to each other along at least one displacement dimension in a controlled drivable manner.
In related art, Heimann describes wherein the at least one sewing machine is one of a plurality of sewing machines (5-5e),and wherein the plurality of sewing machines (5-5e) are supported by a common support frame (supporting rods 21, 22) of the sewing unit and can be displaced with respect to each other along at least one displacement dimension (slidable secured to rods, col. 8, ll. 12-18, col. 18, ll. 16-34) in a controlled drivable manner (fully capable of being moved in a controlled drivable manner).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify unit of Gustmann to include multiple units in order to permit simultaneous sewing of workpieces thereby reducing the time required to form a stitch (Heimann, col. 1, ll. 5-9).
Allowable Subject Matter
Claims 17 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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