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 .
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
The disclosure is objected to because of the following informalities: The disclosure is objected to because the specification fails to include the appropriate sections (i.e., headings) as discussed above.
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 1-15 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 "the opposite direction" in lines 8-9 of the claim. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is unclear to what direction the applicant considers “opposite” in relation to the forward direction. Is the opposite direction a rearward direction as compared to the forward direction (please note specification for support)? Or is the opposite direction a perpendicular/lateral direction with respect to the forward direction?
Claim 14 recites the limitations "the same position" and “the process” in the sixth and eighth lines of the claim, respectively. There is insufficient antecedent basis for this limitation in the claim.
Furthermore, regarding claim 14, the applicant recites, “moving the frame in a forward direction and moving the tufting unit relative to the frame in such a way that the tufting unit remains at the same position on the substrate”. As written, this recitation is indefinite and unclear. Firstly, what is the frame being moved along or with respect thereto (the substrate)? Secondly, what is meant by the phrase, “in such a way”? Regarding the recitation, “at the same position on the substrate”, note that no original position has been claimed. Additionally, within the step of “continuing to move the frame on the substrate”, does the tufting unit remain at the “same position” or is the “starting position” a different position of the tufting unit? Does another step happen in-between the “same position” and movement to “a starting position” such as an insertion of yarn strands into the substrate?
All remaining claims are also rejected under 35 U.S.C. 112(b) as being dependent form a rejected base claim.
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.
Claim(s) 1-5, 10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BEARDEN (US 2008/0134949 A1).
Regarding claim 1, BEARDEN discloses a tufting machine (1), comprising: a frame (20; includes 22, 24 and 30), a drive unit (“frame drive mechanism”; 8, 10, 18, 26, 28, 32, 38) configured to move the frame (20) along a substrate (110) at least in a forward direction (Y-direction); a tufting unit (“tufting head”; 50, 70) configured to insert a number of yarn strands into the substrate (110) during a respective tufting operation; and a horizontal movement unit (“linear motion systems”; 34a, 34b, 36a, 36b, 56, 60, 68, 76, 80, 90) configured to move the tufting unit (50, 70) relative to the frame (20) at least in the opposite direction (X-direction) to the forward direction during a tufting operation (Figures 1-7). Because the axis of the X-direction is perpendicular to the axis of the Y-direction, the X-direction can be considered “opposite” the Y-direction (Figures 3 and 7).
Note that the claim language of claims 2-5 is purely functional language containing no further limiting structure. Because BEARDEN discloses all the driving elements (note 38 60 and 66) being independent and controlled by a computer (100), BEARDEN is considered fully capable of providing the claimed function (Figures 1-7).
Regarding claim 10, BEARDEN discloses the horizontal movement unit (“linear motion systems”) having a number of horizontal hydraulic cylinders, a spindle drive, a linear drive and/or an electric actuating motor (note 60 and 80) for the horizontal movement of the tufting unit (50, 70) relative to the frame (20) (Figures 1-7).
Regarding claim 13, BEARDEN discloses a control device (100), which controls the horizontal movement unit (“linear motion systems”) depending on a movement of the frame (20) along the substrate (110) (Figures 3 and 7).
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE BRUIJN (WO 2017/183977 A1) in view of PONGRASS (WO 2021/184069 A1).
Regarding claim 1, BRUIJN discloses a tufting machine (1) comprising a frame (includes 37, 38 and “cross members”; fig. 3); a drive unit (2) configured to move the frame along a substrate at least in a forward direction (59) (Fig. 1); and a tufting unit (note injection devices 71, 71 of injection unit 3) configured to insert a number of yarn strands (fibers 43) into the substrate (ground 13) during a respective tufting operation (Figures 1-3). However, BRUIJN fails to disclose a horizontal movement unit configured to move the tufting unit relative to the frame at least in the opposite direction to the forward direction during a tufting operation.
PONGRASS discloses a horizontal movement unit (carriage 1078) configured to move a tufting unit (support 27 including tufting cartridge 1038) in a X-direction (forward and rearward) and Y-direction (lateral) with respect to a tufting area (80) in order to increase the rate of tuft production (Fig. 15) (para 0155-0162). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the tufting machine of BRUIJN with a horizontal movement unit, in light of the teachings of PONGRASS, in order to increase the rate of tuft production.
Note that the claim language of claims 2-5 is purely functional language containing no further limiting structure. Because BRUIJN in view of PONGRASS teaches all the structure as claimed by the applicant, BRUIJN in view of PONGRASS is considered fully capable of providing the claimed function.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE BRUIJN (WO 2017/183977 A1) in view of PONGRASS (WO 2021/184069 A1) and in further view of BEARDEN (US 2008/0134949 A1).
Regarding claims 6 and 7, BRUIJN in view of PONGRASS teaches a tufting machine comprising a horizontal movement unit as discussed above. PONGRASS teaches that the horizontal movement unit is configured to move the tufting unit (support 27 including tufting cartridge 1038) in the X-direction (forward and rearward) and Y-direction (lateral) as discussed above. However, BRUIJN in view of PONGRASS fails to disclose the use of guide rails and corresponding linear bearings to allow movement of the horizontal movement unit. The use of guide rails and corresponding bearings is considered old and known in the art in order to allow smooth and efficient movement of components. Note that BEARDEN discloses the use of guide rails (8, 8; 36a, 36b) and corresponding linear bearings (26, 26; 56, 76) to transport a carriage (20) in a smooth and efficient manner (Figures 2-7). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the tufting machine of BRUIJN in view of PONGRASS with guide rails and linear bearings as claimed, in light of BEARDEN and common knowledge in the art, in order to transport a horizontal movement unit (i.e., carriage) in a smooth and efficient manner.
Allowable Subject Matter
Claims 8-9 and 11-12 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.
Claims 14-15 would be allowable if rewritten or amended 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.
Conclusion
The prior art made of record, as cited on attached PTO-892, and not relied upon is considered pertinent to applicant's disclosure. Note that MILLER et al. (US 5,743,200) discloses a tufting machine (10) that can move a tufting head (42) in both an x-direction and a y-direction (Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
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, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732
