Prosecution Insights
Last updated: April 19, 2026
Application No. 19/091,120

PRODUCING DATA OUTPUT SYSTEM

Non-Final OA §102§103§112
Filed
Mar 26, 2025
Examiner
HUANG, GRACE
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
209 granted / 373 resolved
-14.0% vs TC avg
Strong +59% interview lift
Without
With
+58.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
67 currently pending
Career history
440
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
43.8%
+3.8% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
35.1%
-4.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 373 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This is in response to application filed on March 26th, 2025 in which claims 1-18 were presented for examination. 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 Applicant’s election without traverse of Species A (Figs. 1-13) in the reply filed on 12/29/25 is acknowledged. Claim(s) 12-17 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/29/25. Pertaining to remarks about lack of serious search burden in the response on 12/2/25—remarks are moot in light of the election without traverse, and the reasons for search burden remain as indicated in the requirement of 10/28/25. Specification The disclosure is objected to because of the following informalities: [0004] “is output based on an image of a style” needs review whether it should read “if output based on an image of a style” [0038] “first style (T3)” needs review whether it should read “third style (T3)” [0044] “key object J1” needs review whether it should read “key object K1” Appropriate correction is required. Claim Objections Claim(s) 1, 3, 18 is/are objected to because of the following informalities: Review is recommended of the following as to what is redundant, in order to avoid 112(b) antecedent basis issues Claim 1 Line 1 already established “A producing data output system” but then further recites in Line 1 “to output producing data” Claim 1 Line 8 also further recites “output producing data” Claim 3 Lines 5-7 seem to be a repeat of Claim 1 Lines 8-10 Similar objections to Claim 18 apply as indicated for Claim 1 Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection 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. Claim(s) 1-11, 18 is/are rejected under U.S.C. 112(b). The term “selected producing type”, “plurality of producing types”, “first producing type”, “second producing type” in Claim 1 Lines 8-12 is unclear and therefore renders the claim indefinite. It is unclear how the terms relate to one another. Clarification is requested, and may be aided by utilizing reference numerals and/or examples indicated in the specification. For the purposes of applying art and providing rejections, the terms will be interpreted such that, as an example from the specification, a plurality of producing types is sewing, cutting, printing, wherein first producing type is one of sewing, cutting, printing, and second producing type is one of the other two, and selected producing type is one of the first or second producing types. The term “producing data being data for producing the medium by a selected producing type, the selected producing type being selected from one or more producing candidates associated with the selected style, the one or more producing candidates being among a plurality of producing types” in Claim 1 Lines 8-12 is unclear and therefore renders the claim indefinite. At first, the producing type “being selected from …candidates” seems to indicate that types are subsets of candidates. But then in contrast, the recitation indicates that the “candidates being among…types” seems to indicate that candidates are subsets of types. It is unclear if the term “being among” should be interpreted “comprising”, especially in light of [0046] “The producing candidate is a producing type associated with the selected style among the producing types.” Clarification is requested, and may be aided by utilizing reference numerals and/or examples indicated in the specification (ex. what constitutes a candidate, what constitutes a plurality of types, etc). For the purposes of applying art and providing rejections, the term “being among” will be interpreted such that candidates are related to objects, and types are functionalities within a candidate, and/or that candidates are the sum of the types. The term “first style…having unclear outlines…second style…having clearer outlines than the first style; wherein the first producing type is printing and the second producing type is sewing or cutting…in a case where the selected style is the first style, the printing data is output as the producing data, and neither the sewing data nor the cutting data is output” in Claim 11 is unclear and therefore renders the claim indefinite. At first, only one of sewing and cutting is required, but then the claim seems to further narrow within itself such as to require both the sewing data and cutting data, such that neither is output. For the purposes of applying art and providing rejections, the claim will be interpreted as requiring both. The term “selected producing type”, “plurality of producing types”, “first producing type”, “second producing type” in Claim 18 Lines 9-18 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 1 and are similarly interpreted. The term “one or more producing candidates being among a plurality of producing types” in Claim 18 Line 10 and “selected producing type that is selected from the one or more producing candidates” in Claim 18 Lines 17-18 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 1 and similarly interpreted, especially as the recitations seem opposing. Dependent claims are rejected at the least for depending on rejected claims. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. As best understood in light of the 112(b) rejections—FIRST REJECTION: Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishizaki et al (USPN 11987918), herein Nishizaki. Regarding Claim 1, Nishizaki teaches a producing data output system configured to output producing data for producing a sheet-like medium (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; see Figs. 1, 5A, 5B; Col. 10 Lines 26-28 "pieces 56A and 56B cut by the cutting device 4 are sewn onto the object 30 to be sewn by the sewing machine 3"), the producing data output system comprising: a controller (see Figs. 1, 10; for sewing main process--Col. 6 Lines 18-20 “sewing main process starts in response to the CPU 31…when the user performs, via the input portion 35, an operation to specify an embroidery pattern and send the embroidery data to the cutting device 4”; for cutting main process--Col. 8 Line 6 "cutting main process starts in response to the CPU 41”; Col. 8 Lines 13-15 “CPU 41 acquires the type of data selected by the operation performed via the input portion 45 (the embroidery data or the cutting data) (step S31)") configured to: acquire a target image (see Fig. 11; for sewing main process--Col. 6 Lines 18-20 embroidery pattern; for cutting main process-- Col. 8 Lines 4-10 “cutting main process executed by the CPU 41…when an operation has been performed by the user, via the input portion 45, the select the embroidery data or the cutting data”, wherein Figs. 12A, 13A show the target images for sewing main process and cutting main process, respectively), perform style conversion on the target image to generate a converted image of a selected style (see Figs. 11-13B; Col. 8 Lines 31- 42 "When the type of data selected by the user is the embroidery data (yes at step S37)…hereinafter, a case is assumed in which the embroidery data D2 illustrated in Fig. 6 is received. The CPU 41 displays a preview image 8A illustrated in Fig. 12A"; Col. 9 Lines 34-46 "on the other hand, when the type of data selected by the user is the cutting data (no at step 37)...hereinafter...will assume a case in which the cutting data for cutting the object 40...has been received"), the selected style being selected from a plurality of types of image styles including a first style and a second style (first style = embroidery; second style = cutting); and output producing data based on the converted image (producing data are Figs. 12A-13B and also Fig. 11 resulting product), the producing data being data for producing the medium by a selected producing type (specific of A, B, and/or C in Figs. 12B, 13B), the selected producing type being selected from one or more producing candidates associated with the selected style (candidates are A, B, and/or C which are associated with selected style; see Fig. 12B where A-C associated with embroidery data style selected; see Fig .13B where A, B associated with cutting data style selected), the one or more producing candidates being among a plurality of producing types including a first producing type and a second producing type (types = Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C"; second = smoothing; first is one of the others), in a case where the selected style is the first style, the one or more producing candidates including the first producing type and not including the second producing type (see Fig. 13B; items A-B; Col. 10 Lines 2-12 "The editable items 83A and 83B of the menu buttons 84 are different from the editable items 83A to 83C of the menu buttons 83 of the editing screen 8B (refer to FIG. 12B) displayed when the embroidery data is received. The editable items 83C that are not possible with respect to the cutting data are removed from the menu buttons 84 of the editing screen 8D, and only the editable items 83A and 83B that are possible with respect to the cutting data are included. The smoothing of the cutting lines can be given as a specific example of the editing method of the editable items 83C that are not possible with respect to the cutting data"), in a case where the selected style is the second style, the one or more producing candidates including the first producing type and the second producing type (see Fig. 12B, items A-C; types = Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C"). Regarding Claim 2, Nishizaki further teaches the producing data output system according to claim 1, wherein the plurality of producing types includes, as the first producing type and the second producing type, at least two of: cutting performed by a cutting machine by using cutting data for cutting the medium as the producing data (see Fig. 11; cutting; Col. 3 Lines 6-7 "system 1 has a server device 2, a sewing machine 3, and a cutting device 4"; Col. 3 Lines 47-48 "cutting device 4 cuts an object 40 to be cut, using a cutting blade of a cartridge 4A"); printing performed by a printer by using printing data for printing on the medium as the producing data (not required); and sewing performed by a sewing machine by using sewing data for forming stitches on the medium as the producing data (see Fig. 11 sewing/embroidering; Col. 3 Lines 6-7 "system 1 has a server device 2, a sewing machine 3, and a cutting device 4"; Col. 3 Lines 23-24 "sewing machine 3 has a function of sewing an embroidery pattern onto an object 30 to be sewn"). Regarding Claim 3, Nishizaki further teaches the producing data output system according to claim 1, further comprising: a display (see Figs. 12B, 13B), wherein the controller is configured to: control the display to display the one or more producing candidates in a selectable manner (see Figs. 12B, 13B; candidates being A, B, C); and output, based on the converted image, the producing data for producing the medium by the selected producing type (see rejection of Claim 1), the selected producing type being selected from the one or more producing candidates displayed on the display (see rejection of Claim 1). Regarding Claim 4, Nishizaki further teaches the producing data output system according to claim 3, wherein the controller is configured to: control the display to display the one or more producing candidates in a selectable manner, without displaying the plurality of producing types other than the one or more producing candidates in the selectable manner (see Figs. 12B, 13B, wherein 13B does not display type of C in the list of candidates). Regarding Claim 5, Nishizaki further teaches the producing data output system according to claim 3, wherein the controller is configured to: in a case where the selected style is the first style, control the display to display a first image indicating that first producing data can be output and that second producing data cannot be output (Fig. 13B is the first style; first producing data = A/B; second producing data = cannot be output as C option (smoothing, from Col. 9 Lines 12-14; Col. 10 Lines 2-12), the first producing data being the producing data of the first producing type, the second producing data being the producing data of the second producing type (see aforementioned); and in a case wherein the selected style is the second style, control the display to display a second image indicating that the first producing data and the second producing data can be output (Fig. 13A is the second style; can be output as A/B and C). Regarding Claim 6, Nishizaki teaches the producing data output system according to claim 5, wherein the first image includes a first object and does not include a second object (first object = buttons A/B; second object = button C; see Fig. 13B for only A/B), the first object being an object for inputting a first instruction to output the first producing data (types = Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C"; instruction = editing method; first instruction = anything but smoothing), the second object being an object for inputting a second instruction to output the second producing data (second instruction = smoothing); wherein the second image includes the first object and the second object (see Fig. 12B for both); and wherein the controller is configured to: in response to receiving selection of the first object displayed on the display to input the first instruction, output the first producing data (see Fig. 13A); and in response to receiving selection of the second object displayed on the display to input the second instruction, output the second producing data (see Fig. 12A). Regarding Claim 7, Nishizaki teaches the producing data output system according to claim 1, wherein the controller is configured to: output the producing data based on the converted image and a plurality of types of parameters (Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C"; parameters = other than smoothing and another; wherein producing data comprises the resulting products), initial values of the plurality of types of parameters being set in accordance with the selected style (initial values shown based on selected style as there wouldn't be the initial values of 83C since the option is not shown with the second selected style in Fig. 13B). 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. As best understood in light of the 112(b) rejections-- Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizaki et al (USPN 11987918), herein Nishizaki, as applied to the FIRST REJECTION above, in view of Minamikawa et al (USPN 11885055), herein Minamikawa. Regarding Claim 8, Nishizaki teaches all the claimed limitations as discussed above in Claim 7. Nishizaki does not explicitly teach wherein the controller is configured to: acquire a size corresponding to a producing region of the medium; and wherein the initial values of the plurality of types of parameters are set in accordance with the selected style and the size corresponding to the producing region. However, Nishizaki does teach parameters including seam allowance and line addition (Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C", wherein it is known in the art that seam allowance would relate to the size of the region/edge of fabric, see extrinsic evidence Alexei NPL, and therefore frame size; and so would line addition, as it also involves sewing within the region). Minamikawa teaches wherein the controller is configured to: acquire a size corresponding to a producing region of the medium (see Fig.2; abstract "sewing system includes a cutting device and a sewing machine"; "sewing machine generates the embroidery data, based on the cutting data received by the sewing machine. The sewing machine sews on the object to be sewn, based on the generated embroidery data"; see Fig. 16; Col. 13 Lines 12-28 "CPU 31 displays...a preview image 80A...in the preview image 80A, the positional relationship between the pattern images 81C to 81F, and the frame image 82 and the region image 83, is adjusted so as to become...aligned"; Col. 13 Lines 19-20 "frame image 82 indicating the embroidery frame 3A"). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nishizaki as taught by Minamikawa as a known method of producing, such as in order to properly position the image (Fig. 8), especially in light of Nishizaki’s parameters. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Nishizaki teaches and wherein the initial values of the plurality of types of parameters are set in accordance with the selected style and the size corresponding to the producing region (Nishizaki’s seam allowance/line addition would clearly be affected by the size of the region, and therefore the frame, especially based on Minamikawa Col. 13 Lines 12-28, wherein the size/frame is based on Nishizaki’s selected style, such as embroidery or cutting). Regarding Claim 9, modified Nishizaki teaches all the claimed limitations as discussed above in Claim 8. Modified Nishizaki further teaches wherein, in a case where the selected producing type is sewing performed by a sewing machine by using sewing data for forming stitches on the medium as the producing data (see Nishizaki Figs. 1, 11-12B; Col. 3 Lines 6-7 "system 1 has a server device 2, a sewing machine 3, and a cutting device 4"; Col. 3 Lines 23-24 "sewing machine 3 has a function of sewing an embroidery pattern onto an object 30 to be sewn"), the size corresponding to the producing region is a size of an embroidery frame that is attached to the sewing machine and that holds the medium (see Minamikawa Fig. 16; Col. 13 Lines 12-28). Regarding Claim 10, modified Nishizaki teaches all the claimed limitations as discussed above in Claim 8. Modified Nishizaki further teaches wherein, in a case wherein the selected producing type is cutting performed by a cutting machine by using cutting data for cutting the medium as the producing data (see Nishizaki Figs. 1, 11, 13A, 13B; see Minamikawa Fig. 2; Col. 3 Line 53 "cutting device 4 cuts an object 40 to be cut"; Col. 3 Lines 54-55 "cutting device 4 has a …cutting portion 43"; Col. 4 Lines 1-5 "cutting portion 43 has a conveyance mechanism….conveyance mechanism conveys…a holding frame 4B that holds the object 40 to be cut"; Col. 4 Lines 9-11 "CPU 41 controls the cutting portion 43...on the basis of the cutting data"), the size corresponding to the producing region is a size of a mat that is used in the cutting and that holds the medium (see Minamikawa Col. 4 Lines 56-58 "cutting data D1 includes header information, start point and end point coordinate data"; Col. 4 Lines 60-62 "header information includes…type of each of the holding frame 4B, the object 40 to be cut, and the cartridge 4A"; Col. 4 Lines 63-64 "coordinate data indicates the positions of the start point and the end point of each line segment" which involves size of the frame, and therefore mat/object 40, especially in light of Col. 4 Lines 1-5; Col. 5 Lines 3-7 "origin (0,0) of the coordinate system of the coordinate data coincides with the corner of the end portion of the holding frame 4B...and the end portion of the holding frame 4B on the downstream side"). As best understood in light of the 112(b) rejections-- Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizaki et al (USPN 11987918), herein Nishizaki, as applied to the FIRST REJECTION above, in view of Kamihira et al (US Publication 2018/0298535), herein Kamihira. Regarding Claim 11, Nishizaki teaches all the claimed limitations as discussed above in Claim 1. Nishizaki further teaches wherein the first style is such a style that the target image is converted to the converted image having unclear outlines (inasmuch as the term ‘unclear’ has been defined the claims, the existence of the image converted by first style meets the recitation, see Figs. 11-13B); wherein the second style is such a style that the target image is converted to the converted image having clearer outlines than the first style (inasmuch as the term ‘unclear’, and therefore ‘clear’ and ‘clearer’ has been defined in the claims, the existence of the image converted the second style meets the recitation, see Figs. 11-13B), and the second producing type is sewing or cutting (see Figs. 11-13B), the sewing being performed by a sewing machine by using sewing data for forming stitches on the medium as the producing data (Col. 3 Lines 6-7 "system 1 has a server device 2, a sewing machine 3, and a cutting device 4"; Col. 3 Lines 23-24 "sewing machine 3 has a function of sewing an embroidery pattern onto an object 30 to be sewn"), the cutting being performed by a cutting machine by using cutting data for cutting the medium as the producing data (Col. 3 Lines 6-7 "system 1 has a server device 2, a sewing machine 3, and a cutting device 4"; Col. 3 Lines 47-48 "cutting device 4 cuts an object 40 to be cut, using a cutting blade of a cartridge 4A"); and Nishizaki does not explicitly teach wherein the first producing type is printing, the printing being performed by a printer by using printing data for printing on the medium as the producing data, wherein, in a case where the selected style is the first style, the printing data is output as the producing data, and neither the sewing data nor the cutting data is output as the producing data. Kamihira teaches wherein the first producing type is printing (see Fig. 1; [0062] "The device 20 can generate the processing data representing the full-size processing pattern. The processing includes, for example, printing, drawing and cutting"; [0075] (C-1) At step S42, instead of the print data, the CPU 1 may generate the processing data to process the processing pattern in full size on a sheet-like processing object different from the sewing object C. The processing data is, for example, cutting data and drawing data that are used in a known cutting device), the printing being performed by a printer by using printing data for printing on the medium as the producing data (see Fig. 1; [0010] "Fig. 1…sewing system 30 including a sewing machine 10, a printer 17, and a sewing data generation device 20"). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nishizaki’s processing capabilities (that already include cutting) with printing as taught by Kamihira, for a wider variety of products, especially as both references have the processing capabilities capable of communicating with a sewing machine. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Nishizaki teaches wherein, in a case where the selected style is the first style, the printing data is output as the producing data, and neither the sewing data nor the cutting data is output as the producing data (it would have been obvious that if printing is the third processing option relative to sewing/cutting in Nishizaki, that sewing/cutting data would not be produced, and only the printing data, using similar methods). SECOND REJECTION: Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizaki et al (USPN 11987918), herein Nishizaki, in view of Costin (US Publication 2005/0131571). Regarding Claim 18, Nishizaki teaches a producing data output system configured to output producing data for producing a sheet-like medium (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; see Figs. 1, 5A, 5B; Col. 10 Lines 26-28 "pieces 56A and 56B cut by the cutting device 4 are sewn onto the object 30 to be sewn by the sewing machine 3"), the producing data output system comprising: a display (see Figs. 12A-13B); and a controller (see Figs. 1, 10; for sewing main process--Col. 6 Lines 18-20 “sewing main process starts in response to the CPU 31…when the user performs, via the input portion 35, an operation to specify an embroidery pattern and send the embroidery data to the cutting device 4”; for cutting main process--Col. 8 Line 6 "cutting main process starts in response to the CPU 41”; Col. 8 Lines 13-15 “CPU 41 acquires the type of data selected by the operation performed via the input portion 45 (the embroidery data or the cutting data) (step S31)") configured to: perform style conversion on a target image to generate a converted image of a selected style (for target image--see Fig. 11; for sewing main process--Col. 6 Lines 18-20 embroidery pattern; for cutting main process-- Col. 8 Lines 4-10 “cutting main process executed by the CPU 41…when an operation has been performed by the user, via the input portion 45, the select the embroidery data or the cutting data”, wherein Figs. 12A, 13A show the target images for sewing main process and cutting main process, respectively; for perform-- see Figs. 11-13B; Col. 8 Lines 31- 42 "When the type of data selected by the user is the embroidery data (yes at step S37)…hereinafter, a case is assumed in which the embroidery data D2 illustrated in Fig. 6 is received. The CPU 41 displays a preview image 8A illustrated in Fig. 12A"; Col. 9 Lines 34-46 "on the other hand, when the type of data selected by the user is the cutting data (no at step 37)...hereinafter...will assume a case in which the cutting data for cutting the object 40...has been received"), the selected style being selected from a plurality of types of image styles including a first style and a second style (first style = embroidery; second style = cutting); and display the converted image on the display (see Figs. 12A, 13A); display one or more producing candidates associated with the selected style (see 83A-83C in Figs. 12B, 13B), the one or more producing candidates being among a plurality of producing types including a first producing type and a second producing type (types = Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C"; second = smoothing; first is one of the others), in a case where the selected style is the first style, the one or more producing candidates including the first producing type and not including the second producing type (see Fig. 13B; items A-B; Col. 10 Lines 2-12 "The editable items 83A and 83B of the menu buttons 84 are different from the editable items 83A to 83C of the menu buttons 83 of the editing screen 8B (refer to FIG. 12B) displayed when the embroidery data is received. The editable items 83C that are not possible with respect to the cutting data are removed from the menu buttons 84 of the editing screen 8D, and only the editable items 83A and 83B that are possible with respect to the cutting data are included. The smoothing of the cutting lines can be given as a specific example of the editing method of the editable items 83C that are not possible with respect to the cutting data"), in a case where the selected style is the second style, the one or more producing candidates including the first producing type and the second producing type (see Fig. 12B, items A-C; types = Col. 9 Lines 12-14 "Editing methods, such as smoothing of the cutting line, seam allowance setting, line addition, dot conversion, and the like, are allocated to the editable items 83A to 83C"), the producing image representing producing data for producing the medium by a selected producing type that is selected from the one or more producing candidates (producing data are Figs. 12A-13B and also Fig. 11 resulting product; selected producing type being specific of A, B, and/or C in Figs. 12B, 13B; for selected from--candidates are A, B, and/or C which are associated with selected style; see Fig. 12B where A-C associated with embroidery data style selected; see Fig .13B where A, B associated with cutting data style selected). Nishizaki does not explicitly teach display a producing image based on the converted image. Costin teaches display a producing image based on the converted image (see Figs. 5, 7; [0034] "Fig. 5 allows the user to selection of the area to apply the desired graphic"; [0036] "user then selects a graphic to be formed on the denim"; [0043] "selected graphic is shown simulated on the jeans"; in other words, the resulting/producing image is displayed based on the converted image/selection/edit). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nishizaki to display as taught by Costin such that the user can determine whether the selection is desirable and modify accordingly ([0045]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Honma (US Publication 2019/0251406) directed to a producing data output system where in a first style the producing candidates includes the first type and not the second type, and in the second style, the producing candidate includes both types; Yoshimura et al (USPN 7313457) directed to acquiring a size corresponding to a producing region of the medium based on an embroidery frame; Suzuki et al (US Publication 2014/0230707) directed to differing frame sizes. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm 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, Khoa Huynh can be reached on 571-272-4888. 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. /GRACE HUANG/Primary Examiner, Art Unit 3732
Read full office action

Prosecution Timeline

Mar 26, 2025
Application Filed
Jan 26, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Factory for Producing an Elongated Tension Member, and Method for Constructing Such a Factory
2y 5m to grant Granted Mar 17, 2026
Patent 12553161
Double Raschel Knitted Fabric and Upholstery Material Containing Same
2y 5m to grant Granted Feb 17, 2026
Patent 12550952
MULTI ZONAL SUPPORT STRUCTURE FOR A BRA CUP AND BRASSIERE
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+58.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 373 resolved cases by this examiner. Grant probability derived from career allow rate.

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