DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The abstract of the disclosure is objected to because on line 4, “posiotn” and on ljne 7, “patter” are misspelled. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,637,794. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Pending Application ‘534
1. A sewing machine, comprising: a bed; a moving mechanism configured to move an embroidery hoop; a projector configured to project projection images; and a controller configured to control the moving mechanism and the projector, wherein the controller is configured to: control the moving mechanism to move the embroidery hoop along a movement path, the movement path being set such that, during movement of the embroidery hoop is between a start position and an end position along the movement path, a plurality of projection images each representing a different part of an embroidery pattern are projected; determine a current position of the embroidery hoop during movement of embroidery hoop is between the start position and the end position along the movement path the embroidery hoop; and control the projector to project, based on the current position, one of the plurality of projection images representing a part of the embroidery pattern.
2. The sewing machine according to claim 1, wherein the plurality of projection images include a first projection image and a second projection image different from the first projection image, wherein the controller is configured to control the projector to project the first projection image when the embroidery hoop is at a first position, and to project the second projection image when the embroidery hoop is at a second position different from the first position.
3. The sewing machine according to claim 1, wherein the controller is configured to determine a target area corresponding to the current position of the embroidery hoop and control the projector to project a projection image for the one of the plurality of projection images based on the determined target area.
4. The sewing machine according to claim 1, further comprising a display, wherein the controller is configured to cause the display to display an image representing the embroidery pattern, and wherein in the case of obtaining a preview instruction, the controller is configured to start movement of the embroidery hoop along the movement path to project the embroidery pattern displayed on the display.
5. The sewing machine according to claim 1, wherein the controller is configured to determine a rectangle enclosing the embroidery pattern, and to set the movement path based on the rectangle.
6. The sewing machine according to claim 5, wherein the controller is configured to set the movement path such that a projection area sequentially covers the embroidery pattern from a first side of the rectangle toward a second side of the rectangle opposite the first side.
7. The sewing machine according to claim 5, wherein the controller is configured to set the movement path as a movement path by which every part of the embroidery pattern sequentially falls within a target area.
8. The sewing machine according to claim 1, wherein the embroidery pattern is larger than the projection area.
9. The sewing machine according to claim 1, wherein the controller is configured to repeatedly: determine the current position of the embroidery hoop, determine a target area corresponding to the current position, and control the projector to project a projection image representing a part of the embroidery pattern falling within the target area, until the embroidery hoop reaches an end position of the movement path.
10. The sewing machine according to claim 1, wherein the moving mechanism is configured to move the embroidery hoop in a first direction and a second direction crossing the first direction.
US Patent ‘794
1. A sewing machine, comprising: a bed; a projector; and a controller configured to control the projector to project a projection image representing a part of an embroidery pattern toward the bed, the projection image including a first projection image and a second projection image, the second projection image being different from the first projection image.
2. The sewing machine according to claim 1, wherein the controller is further configured to, in a state where the projector projects the first projection image, control the projector to change the projection image from the first projection image to the second projection image in response to movement of an embroidery hoop.
3. The sewing machine according to claim 1, further comprising: a touch screen, wherein the controller is further configured to, in a state where the projector projects the first projection image, control the projector to change the projection image from the first projection image to the second projection image in response to an operation of pressing or touching the touch screen.
4. The sewing machine according to claim 1, wherein the controller is further configured to control the projector to project the first projection image when an embroidery frame is at a first position, and to project the second projection image when the embroidery frame is at a second position different from the first position.
5. The sewing machine according to claim 1, wherein the first projection image and the second projection image each represent a respective portion of the same embroidery pattern.
Claim 1 of pending application ‘534 discloses a sewing machine, comprising: a bed; a moving mechanism configured to move an embroidery hoop; a projector configured to project projection images; and a controller configured to control the moving mechanism and the projector, wherein the controller is configured to: control the moving mechanism to move the embroidery hoop along a movement path, the movement path being set such that, during movement of the embroidery hoop is between a start position and an end position along the movement path, a plurality of projection images each representing a different part of an embroidery pattern are projected; determine a current position of the embroidery hoop during movement of embroidery hoop is between the start position and the end position along the movement path the embroidery hoop; and control the projector to project, based on the current position, one of the plurality of projection images representing a part of the embroidery pattern and claim 1 of US Patent ‘794 substantially discloses a sewing machine includes a bed; a projector; and a controller configured to control the projector to project a projection image representing a part of an embroidery pattern toward the bed, the projection image including a first projection image and a second projection image, the second projection image being different from the first projection image. It is inherent that the first and second projection images define a plurality of projection images and that the controller defines start and end positions along a movement path through movement of an embroidery loop. Further, the controller that displays an embroidery pattern in claim 1/(4) of pending application ‘534 is substantially similar to the controller projecting image in response to
an operation of pressing or touching the touch screen as disclosed in claims 1 and 3 of US Patent ‘794..
Furthermore, claims 1/ (9 – 10) of pending application ‘534 disclosing the controller is configured to repeatedly: determine the current position of the embroidery hoop, determine a target area corresponding to the current position, and control the projector to project a projection image representing a part of the embroidery pattern falling within the target area, until the embroidery hoop reaches an end position of the movement path and the moving mechanism is configured to move the embroidery hoop in a first direction and a second direction crossing the first direction, respectively is substantially similar to claims 1/(2 and 5) of US Patent ‘794 that discloses the plurality of projection images include a first projection image and a second projection image different from the first projection image, wherein the controller is configured to control the projector to project the first projection image inherently to a target area when the embroidery hoop is at a first position/current position and to project the second projection image when the embroidery hoop is at a second position/end position different from the first position and the first projection image and the second projection image each represent a respective portion of the same embroidery within the target area.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended to overcome the nonstatutory double patenting as set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the prior art references cited on PTO-892 discloses a textile machine with a projection image on a bed thereof.
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October 8, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732
