DETAILED ACTION
Claims 1-20 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 of Species A in the reply filed on February 27, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 16, 17, and 20, directed to unelected Species B are withdrawn from consideration.
Filing Receipt
The examiner notes that the Applicant on the filing sheet of June 27, 2025 is Tuftco Comporation.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: needle plate shifter 47, gear 47, knife wedges 90, needle clamps 92.
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 separate main drive shaft and rotary needle shaft; the needle plate shifter, needle clamps 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.
Specification
The specification is objected to because reference character “47” has been used to designate both needle plate shifter and gear.
Claim Objections
Claim 1 is objected to because of the following informalities:
“A” in line 2, “First” in line 4, “A” in line 7, “A” in line 8” and “Wherein” in line 9 are each capitalized but should be lowercase. 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.
Claim 9-11, 13, and 18 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 limitation “needle selector mechanism” in claim 9 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification describes no structure for the needle selector mechanism nor needle selector. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 11 recites “at least one of a backing shifter and a needle bar shifter”. It is unclear if the claim requires at least one of each of a backing shifter and a needle bar shifter, or if the claim requires at least one from the group consisting of: a backing shifter and a needle bar shifter, and combinations thereof.
Claim 13 recites “said main drive shaft driving a rotary needle shaft”. Paras. 0025 0026 and 0030 are the only paragraphs that mention a main drive shaft or a rotary needle shaft. Rotary needle shaft and main drive shaft 11 are both recited as element 11. It is thus unclear what is meant by the phrase because it seems impossible for the main drive shaft to drive itself, and based on the description the rotary needle shaft and main drive shaft are the same component.
Claim 18 recites “input of at least one of” and then lists multiple components. It is unclear if the claim requires at least one of each of the inputs listed, or if the claim requires at least one from the group consisting of: the components listed, and combinations thereof.
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 64734form 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, 9, 10, 13-15, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crossley (US 6263811).
Regarding claim 1, Crossley describes A tufting machine (tufting machine 10) comprising:
A backing fabric feed mechanism (roller member 24, 26) supporting and directing backing fabric (backing material 22) in a feeding direction through the tufting machine;
First and second needle bars (second and first needle bars, 54, 48) each supporting a plurality of needles (needles 52, 58) in at least one longitudinal row extending transversely of the feeding direction, wherein the first and second needle bars are spaced apart in the feeding direction from one another (see Fig. 2);
A first push rod (bracket 44) connected to the first needle bar (54);
A second push rod (bracket 46) connected to the second needle bar (48);
Wherein the first and second push rods are mechanically linked (connected via bridge member 34) providing synchronous simultaneous vertical motion of the first and second needle bars relative to the backing fabric.
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Regarding claim 2, Crossley describes the tufting machine of claim 1 wherein at least some of the plurality of needles are evenly spaced apart (see Fig. 3).
Regarding claim 3, Crossley describes the tufting machine of claim 2 wherein the first needle bar (54) further comprises staggered longitudinal rows of needles (for example, when extended differently the rows are staggers, see Fig. 4 below).
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Regarding claim 4, Crossley describes the tufting machine of claim 1 further comprising a pattern control yarn feed (pattern controller 70) selectively feeding needles of the first and second needle bars (col. 4, ll. 16-24).
Regarding claim 5, Crossley describes tufting machine of claim 4 further comprising a first looper (loopers 18) selectively holding yarn ends from selected needles of the first needle bar forming loops (oscillate in times relationship with push rods and thus selectively hold holds yarn ends, col. 3, ll. 25-29).
Regarding claim 9, Crossley describes the tufting machine of claim 1 further comprising a needle selector mechanism (pattern controller 70 in conjunction with pneumatic cylinder 60 and compressor 66), said needle selector mechanism assists in selecting which, if any, needles of the first and second needle bars penetrate backing fabric on a specific stroke (col. 4, ll. 25-29).
Regarding claim 10, Crossley describes the tufting machine of claim 9 further comprising needle clamps (needle modules 50, 56), said needle clamps hold respective needles (52, 58) thereby selectively permitting which needles penetrate the backing fabric on the specific stroke (connected to pneumatic cylinders 60 and thus permit the needles to penetrate the backing fabric).
Regarding claim 13, Crossley describes the tufting machine of claim 1 further comprising a main drive shaft (drive mechanism, col. 3, ll. 15-23, see Smith et al. US 3986465 which is recited as a type of drive mechanism included and includes a drive shaft 56), said main drive shaft driving a rotary needle shaft (crank arm 60, from Smith, which is described as the type of mechanism included) which moves at least the first push rod.
Regarding claim 14, Crossley describes the tufting machine of claim 1 further comprising bridges (bridge member 34, attached to respective push rods 14, col. 3, ll. 34-36) extending in the direction of feed securing the first needle bar relative to the second needle bar.
Regarding claim 15, Crossley describes the tufting machine of claim 14 wherein the bridges (34) extend intermediate the first to the second push rods (extend between 44 and 46).
Regarding claim 18, Crossley describes the tufting machine of claim 1 further comprising operator controls (pattern controller 70, patterns must be inputted by an operator at some point) permitting input of at least one of looper drive operation, yarn feed to selected needles, needle selection (controlled by controller 70, col. 4, ll. 11-13), needle bar shifting, backing shifting and backing feed operation for each stroke of the first and second needle bars.
Regarding claim 19, Crossley describes the tufting machine of claim 1 wherein the first needle bar is downstream in the feeding direction relative to the second needle bar (is downstream).
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 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crossley (US 6263811) in view of Hall (US 20160289880) as evidenced by Gebert (US 3025807).
Regarding claim 6, Crossley describes the tufting machine of claim 5 and that the piles may be cut (col. 2, l. 21) but does not explicitly describe further comprising knives which selectively cut selected loops formed by the first looper.
In related art for tufting machines, Hall describes further comprising knives (knives 45) which selectively cut selected loops formed by the first looper (cutting loops captured on cut pile hook 40/41, para. 0029).
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 Crossley to include the knives as described in Hall in order to permit the fabric to have any desired pattern effect in the pile (col. 4, ll. 25-28, Gebert).
Regarding claim 7, Crossley describes the tufting machine of claim 5 further but does not explicitly describe comprising a second looper selectively holding yarn ends from selected needles of the second needle bar forming loops.
In related art for tufting machines, Hall describes a second looper (40/41) selectively holding yarn ends from selected needles of the second needle bar forming loops.
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 Crossley to include the loopers as described in Hall in order to permit the fabric to have any desired pattern effect in the pile (col. 4, ll. 25-28, Gebert).
Regarding claim 8, Crossley as modified describes the tufting machine of claim 7 further comprising knives (knives 45, Hall) which selectively cut selected loops formed by the second looper.
Claims 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crossley (US 6263811) in view of Beatty et al. (US 20210198826).
Regarding claim 11, Crossley describes tufting machine of claim 1 further comprising transverse movement (bars can be moved transversely, col. 3, ll. 60-64) of the backing fabric relative to the first and second needle bars.
Crossley describes that the bars can be moved transversely but does not describe how this movement occurs and thus does not explicitly describe at least one of a backing shifter and a needle bar shifter which imparts transverse movement.
In related art for tufting machines, Beatty describes at least one of a backing shifter (backing shifter, para. 0014) and a needle bar shifter which imparts transverse movement of the backing fabric relative to the first and second needle bars (shifting relative to the needles, para. 0014).
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 Crossley to include a backing shifter in order to permit shifting not simply in gauge increments, but in a fashion that allows the creation of variable gauge and novel fabrics which allows the tufting machine to create patterns similar to those created on a number of different tufting machines and it can be utilized to provide additional capacity for many desired product lines in the event of the need for extra capacity (para. 0014, Beatty).
Regarding claim 12, Crossley as modified describes the tufting machine of claim 11 further comprising a needle plate shifter (reciprocating needle plate 143, Beatty) used with the backing shifter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References are cited that include tufting machines with spaced apparat needles as well as machines with different cutting mechanisms.
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
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