DETAILED ACTION
Claims 11-20 are pending. Claims 1-10 are cancelled.
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 .
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “the internal rim” which should be “an internal rim” 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 11-20 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 1 recites “said at least one cutout being adapted to surround said first label along its entire perimeter during sewing” in lines 4-5. It is unclear if “its” refers to the perimeter of the cutout, or of the first label.
The dependent claims inherit(s) the deficiency by nature of dependency.
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 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 Binder (US 4639964).
Regarding claim 11, Binder describes a frame (holding member 64, registration plate 22 including peripheral portion 26 and island 24, first holding member 28) for clamping fabric for embroidery machines, comprising
a label sewing template (64, arm 66) comprising at least one cutout plate (64),
said cutout plate comprising at least one cutout (see annotated Fig. 2) having a shape that corresponds to a first label to be applied by sewing to the fabric (corresponds to a shape of a label, fully capable of being utilized to form a label), the internal rim of said at least one cutout being adapted to surround said first label along its entire perimeter during sewing (adapted to surround a label along the rim of the cutout plate),
said clamping frame further comprising a pressing device (24) having a pressure plate that is movable with respect to the clamping frame substantially parallel to a resting surface for the fabric (includes slots 96, Fig. 6, which indicate lateral movement is available, further col. 5, ll. 5-12 recites that thee components have an interchangeable connection with respect to the workpiece holding device, and thus the plate 22, including 24, can be removed and placed in a different lateral location), between a first position, in which the pressure plate is accommodated in said at least one cutout to retain the first label in a direction perpendicular to the resting surface (for example, position in Fig. 7), and a second position, in which said at least one cutout is not obstructed by the pressure plate (can be removed, as it has an interchangeable connection, and thus can be removed out of the cutout space).
PNG
media_image1.png
376
622
media_image1.png
Greyscale
Regarding claim 12, Binder describes the clamping frame according to claim 11, wherein said template further comprises a border (28) adapted to surround said cutout plate (64), so as to leave a gap (see annotated Fig. 7) between the internal rim of said border and the outer rim of said cutout plate, said internal rim of said border forming a lateral containment wall for the outer edge of a second label to be applied to the fabric (form a wall).
PNG
media_image2.png
424
486
media_image2.png
Greyscale
Regarding claim 13, Binder describes the clamping frame according to claim 12, wherein said cutout plate and said border are movable relatively to each other in a direction that is transverse to the resting surface for the fabric (see Fig. 2, 28 is pivotable upwards in a direction transverse to the resting surface).
PNG
media_image3.png
392
458
media_image3.png
Greyscale
Regarding claim 12, Binder under an alternative interpretation describes the clamping frame according to claim 11, wherein said template further comprises a border (26, see annotated Fig. 8) adapted to surround said cutout plate (64), so as to leave a gap (see annotated Fig. 7) between the internal rim of said border and the outer rim of said cutout plate, said internal rim of said border forming a lateral containment wall for the outer edge of a second label to be applied to the fabric (form a wall).
PNG
media_image4.png
684
591
media_image4.png
Greyscale
PNG
media_image2.png
424
486
media_image2.png
Greyscale
Regarding 14, Binder (alternative interpretation) describes the clamping frame according to claim 12, wherein the pressing device is mounted on said cutout plate or on said border (is attached to 22 which forms the boundary of the border) so as to be laterally adjacent to the cutout plate.
Claim(s) 11 and 15, 16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frye (US 5454337).
Regarding claim 11, Frye describes a frame (clamp system 40) for clamping fabric for embroidery machines, comprising a label sewing template (peripheral clamp 78 with upward bracket) comprising at least one cutout plate (78), said cutout plate comprising at least one cutout (aperture 86) having a shape that corresponds to a first label to be applied by sewing to the fabric (corresponds to a shape of a label inasmuch as claimed), the internal rim (inner edge 82) of said at least one cutout being adapted to surround said first label along its entire perimeter during sewing (surrounds label around the perimeter of the cutout), said clamping frame further comprising a pressing device (clamp 62, coupling 68) having a pressure plate (62) that is movable with respect to the clamping frame substantially parallel to a resting surface for the fabric (includes quick release mechanism 74, and thus can be released and moved in any direction, including parallel to a resting surface or perpendicular to a resting surface, col. 3, ll. 57-62), between a first position (see Fig. 1), in which the pressure plate is accommodated in said at least one cutout to retain the first label in a direction perpendicular to the resting surface, and a second position, in which said at least one cutout is not obstructed by the pressure plate (as described above, can be removed and then moved as desired by a user, including outside of the cutout).
Regarding claim 15, Frye describes the clamping frame according to claim 11, wherein the pressure plate has a surface extent that is smaller than the extent delimited by said at least one cutout, so that in said first position a gap (see portion of Fig. 1 below), along which to provide a sewing line, is left between the outer perimetric rim of the pressure plate and the internal rim of said at least one cutout (forms a gap between the cutout and pressure plate).
PNG
media_image5.png
574
614
media_image5.png
Greyscale
Regarding claim 16, Frye describes the clamping frame according to claim 11, wherein the pressure plate is mounted on a rectilinear slide (68) that can slide in a linear manner in a direction that is substantially parallel to the resting surface (can slide via slots 90, col. 4, ll. 5-10).
Regarding claim 19, Frye describes an embroidery machine (sewing machine 10, can be utilized for embroidery, as all sewing machines can) comprising a sewing head (sewing station 30) and a resting surface (sewing surface 34) for a fabric, comprising the clamping frame according to claim 11.
Regarding claim 20, Frye describes (what follows is a recitation of intended use, the claim is for an embroidery machine with a clamping device, how it is used is an intended use of the machine) method for sewing labels onto a fabric by means of the embroidery machine according to claim 19, comprising the steps of:
- lifting the clamping frame to interpose a fabric between said frame and the resting surface (fully capable of being raised, col. 5, ll. 10-12);
- lowering the clamping frame onto the resting surface in order to retain the fabric in a direction at right angles to the resting surface (fully capable of clamping the fabric, col. 5, ll. 24-29);
- inserting at least the first label in said at least one cutout of the cutout plate of the clamping frame, so that there is a form-fit coupling between the first label and said cutout (fully capable of being inserted as claimed, first workpiece 12, col. 5, ll. 20-24);
- displacing or translating the pressure plate so that it is superimposed on said first label within said cutout (fully capable of translating the pressure plate, col. 5, ll. 29-33);
- applying at least one first line of sewing along the peripheral region of said first label and around said pressure plate by means of the actuation of at least one needle of the sewing head and the simultaneous movement of said clamping frame with respect to said sewing head according to an embroidery program (fully capable of being utilized to sew along the peripheral region, col. 5, ll. 35-40).
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Multiple references are cited that include embroidery and/or sewing clamps.
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.
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, 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.
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.
/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732