DETAILED ACTION
Claims 1-21 are pending.
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 Invention I in the reply filed on February 23, 2026 is acknowledged. Claim 21 drawn to unelected invention II is withdrawn from consideration.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 § 103
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 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.
Claims 1-6 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fefel (US 0657926) in view of Onderdonk (US 1048204).
Regarding claim 1, Fefel describes an overlock table assembly (cloth plate, Fig. 5) for use with a sewing machine having a needle plate, the overlock table assembly comprising:
a table including a fabric feeding surface, at least a portion of the fabric feeding surface of the table being positioned on a front side of the guard (see annotated Fig. 5 below).
Fefel does not explicitly describe a guard for being positioned adjacent the needle plate of the sewing machine when the overlock table assembly is used with the sewing machine.
In related art, Onderdonk describes a guard (upright portion 47, see Fig. 14 below) for being positioned (what follows is a recitation of intended use, the table is fully capable of being located adjacent a needle plate on an un-claimed sewing machine) adjacent the needle plate of the sewing machine when the overlock table assembly is used with the sewing machine (see Fig. 14).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the assembly of Fefel to include the guard of Onderdonk in order to divert the strip severed from the body fabric toward the front of the machine and away from its operating parts (p. 1, ll. 87-89).
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Regarding claim 2, Fefel as modified describes the overlock table assembly of Claim 1, wherein the table includes at least one accessory attachment (screw, p. 3, ll. 10-15) for attaching an accessory to the table.
Regarding claim 3, Fefel as modified describes the overlock table assembly of Claim 1, wherein the table includes at least one threaded bore for attaching an accessory to the table (describes a screw securing the blade to the table, a screw could not function without a threaded bore and thus it is inherent that the table includes a threaded bore).
Regarding claim 4, Fefel as modified describes the overlock table assembly of Claim 1, wherein the guard includes a front surface (see annotated Fig. 14, Onderdonk) facing the fabric feeding surface of the table, wherein the front surface includes a concave (see annotated Fig. 14 below) cut fabric guide positioned (what follows is a recitation of intended use, the claims is not for a sewing machine), at least partially, behind a blade assembly of the sewing machine when the overlock table assembly is attached to the sewing machine (in line with back edge of trimmer blades, p. 1, ll. 100-105, Onderdonk).
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Regarding claim 5, Fefel as modified describes the overlock table assembly of Claim 1, wherein the overlock table assembly defines a cut fabric channel (opening W2 and inclined surface W3) positioned between the guard and the fabric feeding surface.
Regarding claim 6, Fefel as modified describes the overlock table assembly of Claim 1, wherein at least a portion of the fabric feeding surface is positioned on an inner side of the guard (see Fig. 5, Fefel, a portion of the feed surface is on the inner or front side of the guard).
Regarding claim 8, Fefel as modified describes the overlock table assembly of Claim 1, wherein at least a portion of the table contacts (what follows is a recitation of intended use, the claim is for a table) an edge of the needle plate of the sewing machine (Fefel is fully capable of contacting an edge of a needle plate of an un-described sewing machine).
Regarding claim 9, Fefel as modified describes the overlock table assembly of Claim 1, wherein at least a portion of the fabric feeding surface is positioned on a front side of the needle plate of the sewing machine (see annotated Fig. 5 above, a portion is on a front side of the needle plate).
Regarding claim 10, Fefel as modified describes the overlock table assembly of Claim 1, wherein at least a portion of the fabric feeding surface is a planar surface (the upper surface is planar).
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fefel (US 0657926) in view of Onderdonk (US 1048204) and Weis (US 1118322).
Regarding claim 7, Fefel as modified describes the overlock table assembly of Claim 1, but does not explicitly describe wherein the overlock table assembly further comprises:
a sewing machine attachment for selectively connecting and disconnecting the overlock table assembly to the sewing machine.
Rather, Fefel is silent as to how the table is attachable.
In related art for table assemblies, Weis describes wherein the overlock table assembly further comprises:
a sewing machine attachment (screws 185) for selectively connecting and disconnecting the overlock table assembly to the sewing machine.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the assembly of Fefel to include the screw and slot mechanism of Weis in order to firmly hold the cover in position (p. 6, ll. 95-100).
Claims 11, and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fefel (US 0657926) in view of Onderdonk (US 1048204) as evidenced by Niizeki et al. (US 20060213410).
Regarding claim 11 Fefel describes a sewing system (sewing machine with cutting and sewing assembly, Fig. 1, p. 1, l. 63) comprising:
a serger machine (sewing machine, Fig. 1, p. 1, l. 63) assembly comprising:.
a cutting assembly (upper cutter and cutter pbar, Fig. 6, p. 1, l. 72);
a sewing assembly (needle L’ and loop transmitter L);
an overlock table assembly comprising:
a table including a fabric feeding surface, at least a portion of the fabric feeding surface of the table being positioned on a front side of the guard (see annotated Fig. 5 below).
Fefel does not explicitly describe a guard being positioned adjacent a needle plate of the serger machine assembly.
In related art, Onderdonk describes a guard (upright portion 47, see Fig. 14 below) being positioned adjacent the needle plate (is adjacent a needle plate) of the sewing machine when the overlock table assembly is used with the sewing machine (see Fig. 14).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the assembly of Fefel to include the guard of Onderdonk in order to divert the strip severed from the body fabric toward the front of the machine and away from its operating parts (p. 1, ll. 87-89). It further would be obvious to include a separate needle plate in order provide a strong material to tolerate striking of a needle (see Niizeki, para. 0012). That is, by providing a separate needle plate the entire table need not be formed of a metal, thus lowering the cost of the product.
Regarding claim 13, Fefel as modified describes the sewing system of Claim 11,
wherein the table includes at least one accessory (screw, p. 3, ll. 10-15) for attaching an accessory to the table.
Regarding claim 14, Fefel as modified describes the sewing system of Claim 11, wherein the table includes at least one threaded bore for attaching an accessory to the table (describes a screw securing the blade to the table, a screw could not function without a threaded bore and thus it is inherent that the table includes a threaded bore).
Regarding claim 15 Fefel as modified describes the sewing system of Claim 11, wherein the guard includes a front surface (see annotated Fig. 14, Onderdonk) facing the fabric feeding surface of the table, wherein the front surface includes a concave (see annotated Fig. 14 below) cut fabric guide positioned (what follows is a recitation of intended use, the claims is not for a sewing machine), at least partially, behind a blade assembly of the serger machine assembly in line with back edge of trimmer blades, p. 1, ll. 100-105, Onderdonk).
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Regarding claim 16, Fefel as modified describes the sewing system of Claim 11, wherein the overlock table assembly defines a cut fabric channel (opening W2 and inclined surface W3) positioned between the guard and the fabric feeding surface. 1
Regarding claim 17, Fefel as modified describes the sewing system of Claim 11, wherein at least a portion of the fabric feeding surface is positioned on an inner side of the guard (see Fig. 5, Fefel, a portion of the feed surface is on the inner or front side of the guard).
Regarding claim 18, sewing system of Claim 11, wherein at least a portion of the table contacts an edge of the needle plate of the serger machine assembly.
wherein at least a portion of the table contacts an edge of the needle plate of the sewing machine (as modified, Fefel includes a needle plate, and the table is directly adjacent and touching the needle plate in a similar manner to that of Onderdonk, Fig. 14).
Regarding claim 19, Fefel as modified describes the sewing system of Claim 11, wherein at least a portion of the fabric feeding surface is positioned on a front side of the needle plate of the sewing machine (see annotated Fig. 5 above, a portion is on a front side of the needle plate).
Regarding claim 20, Fefel as modified describes the sewing system of Claim 11, wherein at least a portion of the fabric feeding surface is a planar surface (the upper surface is planar).
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fefel (US 0657926) in view of Onderdonk (US 1048204) as evidenced by Niizeki et al. (US 20060213410), further in view of Mastuo et al. (US 5711238).
Regarding claim 12 Fefel as modified describes the sewing system of Claim 11, but does not explicitly describe the system in combination with at least one spool of thread.
In related art for sewing systems, Mastuo describes an overlock system that includes that the threads are delivered via spools (col. 3. L. 65- col. 4, l. 3).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify Fefel to include spools of thread so that the stitching process could continue for a length time interval. That is, Fefel describes that thread is used, but merely does not describe the source. Without a source of thread, Fefel would be essentially useless.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references are cited that include accessory attachments, as well as devices that include guards and diverters, and covers that could be utilized in further obviousness rejections.
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.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732