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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the circular machine (claim 13), the semi-annular element provided with a plurality of prongs (claim 13), the at least one needle (claim 15), the two needles (claim 15) and the needle and looping hook (claim 15) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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 10-15 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.
Within line 6 of claim 10, the applicant recites “in each instance”. It is unclear to what the applicant is referring by “in each instance”. Is the applicant referring to additional pairs of loops? Additionally, note that the applicant has not claimed what loops of what courses are being linked.
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) 10, 11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PINELLI et al. (IT 201900009978 A1).
Regarding claim 10, PINELLI discloses a linking method for closing an axial end of a tubular manufacture (note sock with closed toe as produced from the method steps) (page 4, line 16 – page 5, line 2; para 0027 of provided translation), comprising: a step of holding loops of knitting to be linked (inherent in order to join together loops; manually, on a separate device or on circular knitting machine) which comprise a first plurality of loops of knitting (See fig. 8, zone 8 of sock in figure 1) formed at a last course of knitting (course 4 in figure 8) and a second plurality of loops of knitting (course 2 in figure 8) formed at a course of knitting other than the last course of knitting (course 4); and a step of linking comprising joining, in each instance, two loops of knitting to be linked with at least one sewing thread (page 4, line 16 – page 5, line 2; para 0027 of provided translation).
Regarding claim 11, PINELLI discloses wherein the loops of knitting of said second plurality of loops of knitting (course 2 in figure 8) are formed at a penultimate course of knitting since the third feed is excluded (Fig. 8).
Regarding claim 14, PINELLI discloses wherein the loops of knitting of said first plurality of loops of knitting (4 of figure 8) are arranged alternately with respect to the loops of knitting of said second plurality of loops of knitting (2 of figure 8) (Fig. 8).
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) 12-13 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over PINELLI et al. (IT 201900009978 A1) in view of FRULLINI et al. (US 5,487,281).
PINELLI discloses a linking method for closing an axial end (toe end) of a tubular manufacture (sock) and a product as manufactured from the method as discussed above. However, PINELLI isn’t very specific on the details. FRULLINI discloses a step of transferring loops of knitting (8, 80) to be linked from a circular machine (circular knitting machine) to a semi-annular element (transfer means T) provided with a plurality of prongs (spikes 2, pegs 20; needles 3, 30, etc.) on each one of which two facing and superimposed loops to be linked are arranged and a holding step (transfer means T moves to linking station R and holds the tubular article for linking) comprises a step of arranging said plurality of loops of knitting to be linked so that the plurality of loops of knitting face each other in pairs (Figures 1A-39B). Additionally, FRULLINI discloses a linking step of forming a chain stitch made by: at least one needle; two needles; or a needle and a looping hook (note elements 9, 93 within Figures 34A-39B). 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 method of PINELLI with the details as disclosed within FRULLINI in order to provide an automatic process to join the edges of a knitted tubular article together in an efficient and quality manner.
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 each of US 2,980,917 (Fig. 3), US 2,903,872 (Fig. 4), US 4,162,620 (note staggered loops of figure 6a) and US 5,727,400 (note 9a, 9b of Fig. 7) disclose methods and apparatuses for closing/seaming a toe portion of a sock/stocking.
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
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