DETAILED ACTION
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 because the drawings improperly contain black and white photographs (see Figs. 2-6). It is noted that black and white photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. In order photographs to properly replace line drawings, the photographs or photomicrographs must show the invention more clearly than they can be done by India ink drawings and otherwise comply with the rules concerning such drawings.
Photographs are only acceptable as drawings to illustrate inventions which are incapable of being accurately or adequately depicted by India ink drawings, e.g., electrophoresis gels, blots, (e.g., immunological, western, Southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, metallurgical microstructures, textile fabrics, grain structures and, in a design patent application, ornamental effects. See MPEP 608.02.
The Examiner respectfully notes that the instant invention does not appear to fall under the above category, is clearly capable of being accurately or adequately depicted by India ink drawings, and would also be more clearly depicted by India ink drawings.
Furthermore, the drawings contain improper use of shading (see Figs. 2-6). It is noted that the use of shading in views is only encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. See MPEP R 1.84.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claim 1 is objected to because of the following informalities:
“A braider for manufacturing hair ties with flexible elasticity that is for manufacturing hair ties with elasticity used to tie hair, the braider comprising…” should read “A braider for manufacturing hair ties with flexible elasticity
“a guide disc (100) that is spaced a predetermined distance upward from a support (100a), has circulation guide grooves (110) consecutively formed in an 8-shapeon an upper surface in a circumferential direction, has a plurality of gears disposed to be engaged in the circumferential direction in a portion between the support (100a) and the guide disc (100), has a plurality of bobbins (12) around which fiber threads (11) are wound and a plurality of bobbins (22) around which rubber threads (21) are wound and which are a predetermined number less than the number of the bobbins (12) of the fiber threads (11) rotatably seated on respective spindles (610, 620) and transferred by crossing each other and twisted in the 8-shape along the circulation guide grooves(110), and has a plurality of strands of core rubber threads (31) guided to pass upward at predetermined intervals in the circumferential direction and guided to be twisted in a hollow cylindrical structure together with the fiber threads (11) and the rubber threads (21)” should read:
“a guide disc (100) that is spaced a predetermined distance upward from a support (100a), the guide disc comprising:
[[has]] a plurality of circulation guide grooves (110) consecutively formed in an 8-shape on an upper surface in a circumferential direction,
[[has]] a plurality of gears disposed to be engaged in the circumferential direction in a portion between the support (100a) and the guide disc (100),
[[has]] a first plurality of bobbins (12) around which fiber threads (11) are wound and a second plurality of bobbins (22) around which rubber threads (21) are wound and which are a predetermined number less than the number of the bobbins (12) of the fiber threads (11) rotatably seated on respective spindles (610, 620) and transferred by crossing each other and twisted in the 8-shape along the circulation guide grooves (110), and
[[has]] a plurality of strands of core rubber threads (31) guided to pass upward at predetermined intervals in the circumferential direction and guided to be twisted in a hollow cylindrical structure together with the fiber threads (11) and the rubber threads (21)” to enhance clarity, consistency, and form
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 1-6 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a weaving guide (200) disposed above the guide disc (100) and guiding hair ties (50) woven by twisting the fiber threads (11), the rubber threads (21), and the core rubber threads (31) to vertically pass upward.” The limitation is indefinite at least in view of the drawings, which appear to depict wherein the fiber threads (11), rubber threads (21), and core rubber threads (31) are braided, not woven as claimed. Furthermore, the claims are drawn to a braiding machine/braider, not a weaving machine/loom. It is unclear if Applicant means to recite a weaving guide for weaving fibers, or a braiding guide for braiding fibers. If Applicant intends to recite a weaving guide for weaving fibers, it is further unclear how said weaving guide is incorporated within a braider/braiding machine.
For purposes of examination, the Examiner will interpret the limitation as follows: “a braiding guide (200) disposed above the guide disc (100) and guiding hair ties (50) braided by twisting the fiber threads (11), the rubber threads (21), and the core rubber threads (31) to vertically pass upward.”
Applicant is advised that, if the Examiner’s interpretation is accepted, the claims and specification should be reviewed for other recitations of “weaving” and “woven” and amended accordingly to maintain proper antecedent basis and consistency (e.g., “the woven hair ties” at the end of page 1 of the claims, multiple recitations of “the weaving guide (200)” in claim 5, and multiple recitations of “weaving” and “woven” throughout the specification).
Dependent claims are rejected at least for depending from rejected claims.
Allowable Subject Matter
Claims 1-6, as interpreted above, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action, further pending correction of the claim objections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. For example, Nishri et al. (herein Nishri)(US PG Pub 2005/0257674) and Allen (US PG Pub 2015/0045831) each teach braiders/braiding machines for manufacturing tubular braided structures incorporating at least two different materials.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCELYN BRAVO whose telephone number is (571)270-0581. The examiner can normally be reached Monday, Tuesday, Thursday, and Friday, 12:00 pm - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup, can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOCELYN BRAVO/Primary Examiner, Art Unit 3732
