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 without traverse of Group I in the reply filed on March 12, 2026 is acknowledged. Claims 16-20, directed to an unelected invention are withdrawn from consideration.
Applicant's election with traverse of Species B in the reply filed on March 12, 2026 is acknowledged. The traversal is on the ground(s) that Species C should be included with Species B. This is found persuasive. The elected species thus includes Figs. 7A-7D.
Claims 14, and 16-20, being drawn to unelected species and/or inventions are withdrawn from consideration.
The requirement is still deemed proper and is therefore made FINAL.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 5-9, 12, and 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 13, 14, and 17 of U.S. Patent No. 12,054,868. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims from the ‘868 patent would anticipate the claims of the present application. See chart below for a comparison of the claims of the present application and the ‘021 patent detailing where the limitations are met.
Present Application 19/252,304
Patent 12,054,868
1. (Original) A tufting machine, comprising:
at least one needle bar carrying a plurality of needles;
a plurality of gauge parts configured to pick up yarns from the needles, the gauge parts being moveable in a first direction toward and away from the needles;
a drive system configured to control movement of the gauge parts in a second direction between retracted and extended positions, the drive system comprising:
actuators linked to the gauge parts and configured to control movement of the gauge parts in the second direction between a plurality of positions; and
biasing members positioned between the actuators and the gauge parts, the biasing members configured apply a biasing force the gauge parts so as to urge the gauge parts toward an extended position; and
a control system including programming for controlling feeding of the yarns to the needles in coordination with the movement of the gauge parts between at least one retracted position at which gauge parts are positioned so as to not pick up yarns from the needles and at least one extended position at which the gauge parts will pick up yarns from the needles for forming tufts of the yarns in a backing material passing through the tufting machine.
1. A tufting machine, comprising:
at least one needle bar having a plurality of needles mounted therealong;
backing feed rolls feeding a backing material;
at least one yarn feed mechanism feeding yarns to the needles;
a plurality of gauge parts positioned below the backing material, each of the gauge parts including a body having a first portion and a second portion having a throat configured to pick-up loops of yarns from the needles;
wherein the gauge parts are moveable in a first direction toward and away from engagement with the needles, and in a second direction;
a drive system for movement of the gauge parts in their second direction, the drive system comprising:
a plurality of actuators; and
a linkage coupled to each gauge part and to an associated actuator, wherein each linkage is retracted or extended by its associated actuator to cause movement the gauge part in the second direction;
a plurality of connectors configured to connect each gauge part to at least one linkage for an associated actuator (connector to linkage to actuator), each of the connectors comprising a body having a first end along which the first portion of the body of one of the gauge parts is received, and a second end connected to the at least one linkage; and a series of biasing members located between the second end of each connector and a spring plate (spring plate between second end and connector); and
(from claim 6) wherein each linkage comprises a cable, wire, rod, or belt, and includes a first end extending through the spring plate and connected to the second end of one of the connectors and a second end coupled to its associated actuator; wherein to retract the selected gauge parts, the one or more actuators retract the linkages coupled to the selected gauge parts such that the selected gauge parts are moved in along the second direction toward a retracted position, causing compression of at least one biasing member (biasing member must be between actuator and gauge part); and wherein to extend the selected gauge parts, the at least one biasing member is enabled to decompress and urge the selected gauge parts toward their extended positions.
a control system including programming for controlling the at least one yarn feed mechanism to control feeding of the yarns to the needles in coordination with a selective actuation of one or more of the actuators so as to extend or retract the linkages coupled thereto to move selected gauge parts along the second direction between a no-sew position and an extended position with respect to a stroke of the needles into the backing material for engaging the needles and forming tufts of yarns in the backing material according to a pattern being formed.
2. (Original) The tufting machine of claim 1, further comprising a shift mechanism for shifting the at least one needle bar transversely across the backing material.
2. The tufting machine of claim 1, further comprising a shift mechanism for shifting the at least one needle bar transversely across the backing material, and
wherein the control system further comprises programming to coordinate shifting of the at least one needle bar by the shift mechanism, feeding of the backing material by said backing feed rolls, control of the actuators coupled to the gauge parts, and control of the at least one yarn feed mechanism feeding the yarns to the needles as the needles are reciprocated into and out of the backing material, so as to present a series of yarns to selected stitch locations along the backing material and withdraw non-selected yarns where loops of such non-selected yarns are not picked up by one of the gauge parts, and with the backing material moved through a tufting zone at an actual stitch rate that is greater than a pattern stitch rate for the pattern being formed to provide a number of retained tufts per inch of face yarns in the backing material that is approximately equivalent to the pattern stitch rate.
5. (Original) The tufting machine of claim 1, wherein the gauge parts comprise level cut loop loopers, loop pile loopers, or cut pile hooks.
3. The tufting machine of claim 1, wherein the gauge parts comprise level cut loop loopers, loop pile loopers, or cut pile hooks.
6. (Original) The tufting machine of claim 1, wherein the actuators comprise hydraulic cylinders, pneumatic cylinders, stepper motors, servo motors, electric cylinders, linear actuators, moving coil or voice coil actuators, solenoids, or combinations thereof.
4. The tufting machine of claim 1, wherein the actuators comprise hydraulic cylinders, pneumatic cylinders, stepper motors, servo motors, electric cylinders, linear actuators, moving coil or voice coil actuators, solenoids, or combinations thereof.
7. (Original) The tufting machine of claim 1, further comprising a plurality of modules in which a series of the gauge parts are received and through which the gauge parts are moveable.
5. The tufting machine of claim 1, further comprising at least one module carrying a series of gauge parts in a reciprocating motion in a direction toward and away from engagement with the needles as the needles are reciprocated into the backing material; the at least one module comprising: a module body adapted to mount along a gauge bar and having a passage defined therethrough, the module body formed from a metal, polymer, composite or synthetic material, or combinations thereof, and having a first hardness; and inserts positioned along the passage, the inserts each having slots configured to slideably receive at least a portion of one of the gauge parts therein; wherein the inserts comprise a metal or metal carbide material having a second hardness greater than the first hardness of module body.
8. (Original) The tufting machine of claim 1, further comprising a plurality of connectors,
each connector having a first end coupled to at least one gauge part and a second end coupled to at least one linkage connected to at least one of the actuators;
wherein the biasing members are positioned between the second ends of the connectors and the actuators; and
wherein as the at least one gauge part is moved toward the at least one retracted position by retraction of the at least one linkage, at least one of the biasing members is compressed against the connector
(from claim 1) a plurality of connectors configured to connect each gauge part to at least one linkage for an associated actuator, each of the connectors comprising a body having a first end along which the first portion of the body of one of the gauge parts is received, and a second end connected to the at least one linkage; and a
series of biasing members located between the second end of each connector and a spring plate (spring plate b/w second end and connector and thus biasing members are between second ends and actuators); and
6. The tufting machine of claim 1, wherein each linkage comprises a cable, wire, rod, or belt, and includes a first end extending through the spring plate and connected to the second end of one of the connectors and a second end coupled to its associated actuator; wherein to retract the selected gauge parts, the one or more actuators retract the linkages coupled to the selected gauge parts such that the selected gauge parts are moved in along the second direction toward a retracted position, causing compression of at least one biasing member; and wherein to extend the selected gauge parts, the at least one biasing member is enabled to decompress and urge the selected gauge parts toward their extended positions.
9. (Original) A tufting machine, comprising:
a plurality of needles;
at least one yarn feed mechanism configured to yarns to the needles; and
a gauge part assembly positioned below the needles, the gauge part assembly comprising:
a plurality of modules, each module including a module body having at least one passage defined therethrough;
a series of gauge parts slidably received within the at least one passage of each module, wherein the gauge parts are carried with their modules in a first direction of movement toward and away from the needles
and are selectively movable in a second direction through the passages of their modules; and
a drive system comprising:
a plurality of motors;
a plurality of connectors, each connector having a first end coupled to at least one gauge part and a second end; and
a plurality of linkages including cables, rods, arms, wires, belts, or combinations thereof, each linkage coupled to and extending between at least one connector and at least one motor; and
a control system including programming for controlling the at least one yarn feed mechanism to control feeding of the yarns to the needles in coordination with selective operation of each motor to control a tension in a linkage coupled thereto for controlling movement of the gauge parts between at least one retracted position at which gauge parts are positioned so as to not pick up yarns from the needles and at least one extended position at which the gauge parts will pick up yarns from the needles for forming tufts of the yarns in a backing material passing through the tufting machine.
13. A tufting machine, comprising:
at least one needle bar having a plurality of needles mounted therealong, the at least one needle bar moving in a reciprocating motion so as to move the plurality of needles into and out of a backing passing therebelow;
at least one yarn feed mechanism feeding yarns to the needles; and
a gauge part assembly positioned below the backing (needles into and out of backing therebelow, thus if gauge part is below backing, it is also below the needles which are above the backing), the gauge part assembly comprising:
a plurality of modules, each module including a module body having a passage defined therethrough, and one or more inserts mounted to the module body along the passage defined through the module body;
a series of gauge parts slidably received within the passages of each of the modules, the gauge parts each having a throat, wherein the gauge parts are carried with their modules in a first direction toward and away from engagement with needles of the tufting machine so as to selectively to pick up loops of yarns from the needles along the throats of the gauge parts, and are selectively movable in a second direction through the passages of their modules; and
a drive system, comprising:
a plurality of actuators (actuators comprise motors, see below) coupled to the gauge parts; and
a series of connector assemblies configured to connect the gauge parts to the actuators, each of the connector assemblies including a connector engaging a portion of a gauge part, and
at least one linkage (linkages comprise cables, rods, arms, wires, belts, or combinations thereof, see below) coupled to each connector and an actuator; and
a control system including programming for controlling the at least one yarn feed mechanism to control feeding of the yarns to the needles in coordination with control of actuation of one or more actuators to cause retraction or extension of the linkages coupled thereto so as to move selected ones of the gauge parts between at least one extended position for engaging and picking loops of yarns from the needles and a retracted position to substantially avoid picking loops of yarns from the needles for selectively forming tufts of yarns in the backing according to a pattern being formed;
wherein the actuators comprise motors, each having a drive member coupled thereto and to a linkage connected to a corresponding gauge part; wherein the linkage is adapted to translate a rotary motion of the drive member by its motor to a linear motion for moving the corresponding gauge part in the second direction; and
wherein the linkages comprise cables, rods, arms, wires, belts, or combinations thereof.
12. (Original) The tufting machine of claim 9, further comprising a plurality of biasing members positioned between the connectors and the motors,
the biasing members configured to exert a biasing force against the gauge parts to urge the gauge parts toward an extended position.
14. The tufting machine of claim 13, wherein the connector assemblies further comprise at least one biasing member located between each connector and a spring plate; and wherein each linkage comprises a first end extending through the spring plate and connected to the connector and a second end coupled to a drive member of a motor (thus informs that the plate is between the connector and the motor and therefore the biasing members are between the connectors and the motors/actuators); wherein upon actuation, retraction of the at least one linkage causes the connector and the corresponding gauge part to be moved toward a retracted position and against the biasing member; and wherein upon release or extension of the at least one linkage, the biasing member urges the corresponding gauge part toward its at least one extended position.
15. (Original) The tufting machine of claim 9, wherein each of the modules further comprises at least one insert received within the at least one passage defined through the module body such that the gauge parts slide along the at least one insert as the gauge parts are moved in the second direction through the module body; and wherein the inserts have a hardness greater than a hardness of the module body.
wherein the modules further comprise
(from claim 13) passage defined therethrough, and one or more inserts mounted to the module body along the passage defined through the module body;
17. The tufting machine of claim 13,
inserts arranged on opposite sides of the passage of each module, wherein each insert has a hardness greater than a hardness of module body and includes a series of slots in which the gauge parts are received.
Claims 1, 2, 5-9, 12, and 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 8, and 12 of U.S. Patent No. 12,366,021. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims from the ‘021 patent would anticipate the claims of the present application. See chart below for a comparison of the claims of the present application and the ‘021 patent detailing where the limitations are met.
Present Application 19/252,304
Patent 12,366,021
1. (Original) A tufting machine, comprising:
at least one needle bar carrying a plurality of needles;
a plurality of gauge parts configured to pick up yarns from the needles, the gauge parts being moveable in a first direction toward and away from the needles;
a drive system configured to control movement of the gauge parts in a second direction between retracted and extended positions, the drive system comprising:
actuators linked to the gauge parts and configured to control movement of the gauge parts in the second direction between a plurality of positions; and
biasing members positioned between the actuators and the gauge parts, the biasing members configured apply a biasing force the gauge parts so as to urge the gauge parts toward an extended position; and
a control system including programming for controlling feeding of the yarns to the needles in coordination with the movement of the gauge parts between at least one retracted position at which gauge parts are positioned so as to not pick up yarns from the needles and at least one extended position at which the gauge parts will pick up yarns from the needles for forming tufts of the yarns in a backing material passing through the tufting machine.
1. A tufting machine, comprising: at least
one needle bar carrying a plurality of needles;
wherein the needles are reciprocated into and out of a backing material for forming tufts of yarns in the backing material;
a plurality of gauge parts positioned below the backing material, each of the gauge parts configured to pick up yarns from the needles; wherein the gauge parts are reciprocated in toward and away from the needles as the needles are reciprocated into and out of the backing material;
a drive system configured to control movement of the gauge parts between one or more retracted and extended positions (second direction, there is no requirement that the directions are different) with respect to the needles,
the drive system comprising: a plurality of motors (a type of actuator); and
a series of linkages extending between the gauge parts and the motors;
a plurality of biasing members positioned adjacent the gauge parts, the biasing members configured to apply a biasing force to the gauge parts so as to urge the gauge parts toward a fully extended position; and
a control system including programming for controlling operation of the motors so as to control movement of the gauge parts between their one or more retracted and extended positions with respect to the needles and for controlling feeding of the yarns to the needles in coordination with movement of the gauge parts between their one or more retracted and extended positions; wherein when the gauge parts are in an extended position, the gauge parts will pick up yarns from the needles for forming tufts of the yarns in the backing material; and wherein when the gauge parts are in a fully retracted position, the gauge parts are positioned so as to not pick up yarns from the needles.
2. (Original) The tufting machine of claim 1, further comprising a shift mechanism for shifting the at least one needle bar transversely across the backing material.
2. The tufting machine of claim 1, further comprising a shift mechanism for shifting the at least one needle bar transversely across the backing material, and
wherein the control system further comprises programming to coordinate shifting of the at least one needle bar by the shift mechanism, feeding of the backing material by said backing feed rolls, control of the actuators coupled to the gauge parts, and control of the at least one yarn feed mechanism feeding the yarns to the needles as the needles are reciprocated into and out of the backing material, so as to present a series of yarns to selected stitch locations along the backing material and withdraw non-selected yarns where loops of such non-selected yarns are not picked up by one of the gauge parts, and with the backing material moved through a tufting zone at an actual stitch rate that is greater than a pattern stitch rate for the pattern being formed to provide a number of retained tufts per inch of face yarns in the backing material that is approximately equivalent to the pattern stitch rate.
5. (Original) The tufting machine of claim 1, wherein the gauge parts comprise level cut loop loopers, loop pile loopers, or cut pile hooks.
3. The tufting machine of claim 1, wherein the gauge parts comprise level cut loop loopers, loop pile loopers, or cut pile hooks.
6. (Original) The tufting machine of claim 1, wherein the actuators comprise hydraulic cylinders, pneumatic cylinders, stepper motors, servo motors, electric cylinders, linear actuators, moving coil or voice coil actuators, solenoids, or combinations thereof.
4. The tufting machine of claim 1, wherein the actuators comprise hydraulic cylinders, pneumatic cylinders, stepper motors, servo motors, electric cylinders, linear actuators, moving coil or voice coil actuators, solenoids, or combinations thereof.
7. (Original) The tufting machine of claim 1, further comprising a plurality of modules in which a series of the gauge parts are received and through which the gauge parts are moveable.
5. The tufting machine of claim 1, further comprising at least one module carrying a series of gauge parts in a reciprocating motion in a direction toward and away from engagement with the needles as the needles are reciprocated into the backing material; the at least one module comprising: a module body adapted to mount along a gauge bar and having a passage defined therethrough, the module body formed from a metal, polymer, composite or synthetic material, or combinations thereof, and having a first hardness; and inserts positioned along the passage, the inserts each having slots configured to slideably receive at least a portion of one of the gauge parts therein; wherein the inserts comprise a metal or metal carbide material having a second hardness greater than the first hardness of module body.
8. (Original) The tufting machine of claim 1, further comprising a plurality of connectors,
each connector having a first end coupled to at least one gauge part and a second end coupled to at least one linkage connected to at least one of the actuators;
wherein the biasing members are positioned between the second ends of the connectors and the actuators; and
wherein as the at least one gauge part is moved toward the at least one retracted position by retraction of the at least one linkage, at least one of the biasing members is compressed against the connector
(from claim 1) a plurality of connectors configured to connect each gauge part to at least one linkage for an associated actuator, each of the connectors comprising a body having a first end along which the first portion of the body of one of the gauge parts is received, and a second end connected to the at least one linkage; and a
series of biasing members located between the second end of each connector and a spring plate (spring plate b/w second end and connector and thus biasing members are between second ends and actuators); and
6. The tufting machine of claim 1, wherein each linkage comprises a cable, wire, rod, or belt, and includes a first end extending through the spring plate and connected to the second end of one of the connectors and a second end coupled to its associated actuator; wherein to retract the selected gauge parts, the one or more actuators retract the linkages coupled to the selected gauge parts such that the selected gauge parts are moved in along the second direction toward a retracted position, causing compression of at least one biasing member; and wherein to extend the selected gauge parts, the at least one biasing member is enabled to decompress and urge the selected gauge parts toward their extended positions.
9. (Original) A tufting machine, comprising:
a plurality of needles;
at least one yarn feed mechanism configured to yarns to the needles; and
a gauge part assembly positioned below the needles,
the gauge part assembly comprising:
a plurality of modules, each module including a module body having at least one passage defined therethrough;
a series of gauge parts slidably received within the at least one passage of each module, wherein the gauge parts are carried with their modules in a first direction of movement toward and away from the needles
and are selectively movable in a second direction through the passages of their modules; and
a drive system comprising:
a plurality of motors;
a plurality of connectors, each connector having a first end coupled to at least one gauge part and a second end; and
a plurality of linkages including cables, rods, arms, wires, belts, or combinations thereof, each linkage coupled to and extending between at least one connector and at least one motor; and
a control system including programming for controlling the at least one yarn feed mechanism to control feeding of the yarns to the needles in coordination with selective operation of each motor to control a tension in a linkage coupled thereto for controlling movement of the gauge parts between at least one retracted position at which gauge parts are positioned so
as to not pick up yarns from the needles and at least one extended position at which the gauge parts will pick up yarns from the needles for forming tufts of the yarns in a backing material passing through the tufting machine (see claim 8 of reference patent which describes extended position forms tufts).
8. A tufting machine, comprising:
a plurality of needles;
at least one yarn feed mechanism configured to feed a plurality of yarns to the needles as the needles are reciprocated into and out of a backing material; and
a gauge part assembly positioned below the backing material (needles into and out of the backing material, and gauge part below the backing material, thus gauge part is below the needs),
the gauge part assembly comprising:
a plurality of modules, each module including a module body having passage defined therethrough and one or more inserts positioned along the passage; wherein each of the module body and each insert comprises a metal, metal alloy, metal carbide, powdered metal, synthetic material, or ceramic; wherein the inserts have a hardness greater than a hardness of the module body;
a series of gauge parts slidably received within the passages of each of the modules, wherein the gauge parts are carried with their modules toward and away (first direction) from the needles as the needles are reciprocated into the backing material so as to pick up loops of yarns from the needles,
and are selectively movable (second direction, there is no requirement that the directions be different) through the passages of their modules;
a plurality of actuators (actuators comprise motors, claim 11);
a plurality of connectors; each connector coupled to at least one gauge part and to at least one actuator;
(from claim 9) at least one linkage extending between and connecting each motor to at least one of the connectors; and wherein the At least one linkage comprises a cable, rod, arm, wire, belt, or combinations thereof.
a plurality of biasing members positioned between the connectors and the actuators, the biasing members configured to exert a biasing force against the gauge parts to urge the gauge parts toward a fully extended position; and
a control system including programming for controlling the at least one yarn feed mechanism to control feeding of the yarns to the needles in coordination with selective activation or deactivation of the actuators to cause retraction or extension of the gauge parts so as to move the gauge parts between retracted and extended positions for picking up yarns from the needles for forming tufts of such yarns in the backing material, and control of movement of the backing material through the tufting machine to form a number of face tufts of yarns per inch in the backing material that is approximately equivalent to a pattern stitch rate for a pattern being formed; wherein when the gauge parts are moved to a fully retracted position pick up of the yarns from the needles is substantially avoided and the biasing members are compressed; and wherein as the gauge parts are enabled to move toward one or more extended positions, the biasing members are permitted to decompress.
12. (Original) The tufting machine of claim 9, further comprising a plurality of biasing members positioned between the connectors and the motors, the biasing members configured to exert a biasing force against the gauge parts to urge the gauge parts toward an extended position.
(from claim 8) a plurality of biasing members positioned between the connectors and the actuators, the biasing members configured to exert a biasing force against the gauge parts to urge the gauge parts toward a fully extended position
13. (Original) The tufting machine of claim 12, wherein the biasing members comprise springs, cylinders, or combinations thereof.
12. The tufting machine of claim 8, wherein the biasing members comprise springs, cylinders, or combinations thereof.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: forward section 76, para. 0075, insert body 86, para. 0080, ends 96, para. 0083. 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. 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 Objections
Claim 1 objected to because of the following informalities: claim 1, line 10 recites “configured apply a biasing force the gauge parts” which should be “configured to apply a biasing force to the gauge parts”. 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 9-13, and 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 pre-AIA the applicant regards as the invention.
Claim 9 recites “at least one yarn feed mechanism configured to yarns to the needles”. It is unclear what is meant by this phrase. The examiner interprets this to mean “at least one yarn feed mechanism configured to feed a plurality of yarns to the needles as the needles are reciprocated into and out of a backing material”.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al. (US 20190338453).
Regarding claim 1, Hall describes a tufting machine (tufting machine 10), comprising:
at least one needle bar carrying a plurality of needles (needles 36);
a plurality of gauge parts (gauge parts 32) configured to pick up yarns from the needles, the gauge parts being moveable in a first direction toward and away from the needles (gauge assembly moved in direction 54/54’, para. 0058);
a drive system configured to control movement of the gauge parts in a second direction (movement up/down in direction of 71/71’, para. 0044, Figs. 5A-5C) between retracted and extended positions, the drive system comprising:
actuators (cylinder 68) linked to the gauge parts and configured to control movement of the gauge parts in the second direction between a plurality of positions; and
biasing members (shaft 69) positioned between the actuators and the gauge parts (32), the biasing members configured apply a biasing force the gauge parts so as to urge the gauge parts toward an extended position (extend/retract the corresponding connector or gate which is connected to the loopers, para. 0044, and thus urge the parts toward the extended position, in addition to retracting, the examiner notes that the specification includes “cylinders” as being considered a biasing member in para. 0108 and thus the shaft of Hall is considered a biasing member); and
a control system (control system, para. 0061) including programming for controlling feeding of the yarns to the needles in coordination with the movement of the gauge parts between at least one retracted position at which gauge parts are positioned so as to not pick up yarns from the needles (controlled such that stitches or face yarns will not be formed, para. 0052, no-sew position, para. 0058m actuators and gauge parts controlled, para. 0064) and at least one extended position at which the gauge parts will pick up yarns from the needles for forming tufts of the yarns in a backing material passing through the tufting machine (selectively controlled to extend or contract pulling yarns from needles, para. 0058).
Regarding claim 2, Hall describes the tufting machine of claim 1, further comprising a shift mechanism (shifting mechanism, para. 0008) for shifting the at least one needle bar transversely across the backing material (see para. 0008).
Regarding claim 3, Hall describes the tufting machine of claim 2, wherein the control system further comprises programming to coordinate shifting of the at least one needle bar by the shift mechanism with the movement of the gauge parts in the second direction between the at least one retracted position and the at least one extended position and the feeding of the yarns to the needles as the needles are reciprocated into and out of the backing material (controls movement of gauge parts, claim 2), so as to present a series of yarns to a series of stitch locations and withdraw non-selected yarns where loops of such non-selected yarns are not picked up by one of the gauge parts (selected and non-selected claim 2).
Regarding claim 4, Hall describes the tufting machine of claim 3, further comprising a series of backing feed rolls (feed rolls, para. 0032, claim 2) configured to feed the backing material through the tufting machine; and wherein the control system further comprises programming configured for feeding of the backing material at an actual stitch rate (operative stitch rate, claim 2) that is greater than a pattern stitch rate (claim 2) for a pattern being formed such that a number of retained tufts of yarns per inch in the backing material is approximately equivalent to the pattern stitch rate (equivalent to the pattern stitch rate, claim 2).
Regarding claim 5, Hall describes tufting machine of claim 1, wherein the gauge parts comprise level cut loop loopers, loop pile loopers, or cut pile hooks (claim 3).
Regarding claim 6, Hall describes the tufting machine of claim 1, wherein the actuators comprise hydraulic cylinders, pneumatic cylinders, stepper motors, servo motors, electric cylinders, linear actuators, moving coil or voice coil actuators, solenoids, or combinations thereof (see para. 0011, motors, hydraulic and air cylinders, solenoids).
Regarding claim 7, Hall describes the tufting machine of claim 1, further comprising a plurality of modules (module block 51) in which a series of the gauge parts (32) are received and through which the gauge parts are moveable (slidably received, para. 0042).
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 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. (US 20190338453) in view of Christman (US 5979344).
Regarding claim 9, Hall describes a tufting machine (tufting machine 10), comprising:
a plurality of needles (needles 36);
at least one yarn feed mechanism (yarn feed unit 27) configured to yarns to the needles; and
a gauge part assembly (module block 51 and gauge parts 32) positioned below the needles, the gauge part assembly comprising:
a plurality of modules (module block 51), each module including a module body having at least one passage defined therethrough (hooks 50 slidable mounted within 51 and thus includes a passage, para. 0042);
a series of gauge parts (gauge parts 32) slidably received within the at least one passage of each module (slidably received, para. 0042), wherein the gauge parts are carried with their modules in a first direction of movement toward and away from the needles (gauge assembly moved in direction 54/54’, para. 0058) and are selectively movable in a second direction through the passages of their modules (movement up/down in direction of 71/71’, para. 0044, Figs. 5A-5C); and
a drive system comprising:
a plurality of motors (actuators, which can include motors, para. 0011);
a plurality of connectors (connectors 67), each connector having a first end coupled to at least one gauge part and a second end (para. 0043, connected to looper); and
a plurality of linkages (rod or shaft 69) including cables, rods, arms, wires, belts, or combinations thereof, each linkage coupled to and extending between at least one connector (67) and at least one motor (motors, para. 0011, pneumatic cylinder 68); and
a control system (control system, para. 0061) including programming for controlling the at least one yarn feed mechanism (yarn feed compensation, para. 0061, 006) to control feeding of the yarns to the needles in coordination with selective operation of each motor to control a tension (moving the rod in a direction which controls tension) in a linkage coupled thereto for controlling movement of the gauge parts between at least one retracted position at which gauge parts are positioned so as to not pick up yarns from the needles (controlled such that stitches or face yarns will not be formed, para. 0052, no-sew position, para. 0058m actuators and gauge parts controlled, para. 0064) and at least one extended position at which the gauge parts will pick up yarns from the needles for forming tufts of the yarns in a backing material passing through the tufting machine (selectively controlled to extend or contract pulling yarns from needles, para. 0058).
Hall does not explicitly describe that the motor is connected via linkage because while Hall describes that the actuator can be a motor it does not describe that the motor is connected via linkage.
In related art, Christman describes that actuators can include a servo motor (col. 9, ll. 7-18) that includes a linkage (actuator shaft 35)..
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 actuator of Hall to include the servo motor and linkage as described in Christman in order to provide a precise range of travel without shock loading or lag (col. 9, ll. 10-12).
Regarding claim 10, Hall describes the tufting machine of claim 9, further comprising a series of backing feed rolls configured to feed the backing material through the tufting machine; and
wherein the control system further comprises programming configured for feeding of the backing material at an actual stitch rate that is based on a pattern stitch rate for a pattern being formed multiplied by a number of colors of yarns for the pattern (stitch rate is based on the number of colors utilized, para. 0053, US 8141505 incorporated into Hall recites in col. 2 l. 34- col. 3, l. 5 that the backing material is fed according to the desired stitch rate multiplied by the number of colors being run in the programmed pattern).
Regarding claim 11, Hall as modified describes tufting machine of claim 10, further comprising at least one shift mechanism (claim 2) coupled to at least one needle bar along with the needles are located; and
wherein the control system further comprises programming to coordinate shifting of the at least one needle bar by the shift mechanism with the movement of the gauge parts between the at least one retracted position and the at least one extended position and feeding of the yarns to the needles (controls movement of gauge parts, claim 2), so as to present a series of yarns to a series of stitch locations and withdraw non-selected yarns where loops of such non-selected yarns are not picked up by one of the gauge parts (selected and non-selected claim 2) as the backing material is fed at the actual stitch rate (operative stitch rate, claim 2) such that a number of retained tufts of yarns per inch in the backing material is approximately equivalent to the pattern stitch rate (equivalent to the pattern stitch rate, claim 2).
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. (US 20190338453) in view of Christman (US 5979344) and Hirose (US 4580510.
Regarding claim 15, Hall as modified describes the tufting machine of claim 9, but does not explicitly describe wherein each of the modules further comprises at least one insert received within the at least one passage defined through the module body such that the gauge parts slide along the at least one insert as the gauge parts are moved in the second direction through the module body; and wherein the inserts have a hardness greater than a hardness of the module body.
In related art, Hirose describes coating components with a hardened metal facing coating layer (col. 1, ll. 44-50).
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 modules to include a coating, which can be considered an insert, and thus enhance their hardness in order to permit the modules to be able to perform for a long period of time (see Hirose, col. 1, ll. 44-50).
Allowable Subject Matter
Claim 8 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in addition to the filing of a terminal disclaimer.
Claims 12 and 13 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 in addition to the filing of a terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 8, 12, and 13 include the addition of a linkage. Hall alone, or in combination with Christman includes either a linkage or a biasing member depending on interpretation. The combination, however, does not support having both a biasing member and a linkage, nor would it be obvious to modify either to include such a feature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references are cited that include various actuators for controlling a tufting machine.
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
Prosecution Insights