DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 2 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, the applicant recites, “a yarn extending through the opening through the clevis, wherein the yarn contacts only exterior surfaces of the pair of guides”. Firstly, note that “a yarn” has already been introduced within base claim 1. Is the applicant referring to the same yarn? If so, “a yarn” should be replaced with “the yarn” or “said yarn”. Is claim 2 further defining the “use orientation” of claim 1? Note that claim 2 is repeating the recitation that “the yarn contacts only exterior surfaces of the pair of guides”.
All remaining claims are also rejected under 35 U.S.C. 112(b) as being dependent from a rejected base claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-6 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KILE (US 4,549,496).
Regarding claims 1, 2 and 19, KILE discloses a hollow needle tufting machine comprises a system (Figures 1-3), the system comprising: a pair of guides (first interpretation: upper rod of 55, upper rod of 80) (second interpretation: 55, 80); and a clevis (60; has an opening at a bottom thereof between 70, 70 defining a “U-shaped” structure) movable between the pair of guides (55, 80), wherein the clevis defines an opening (opening between 66, 68 wherein Y1 extends therethrough; also note opening as discussed above in relation to the clevis 60 being U-shaped) therethrough (Figures 2-3). Note that KILE discloses that, when in use, the yarn (Y1 in figure 3) contacts only exterior surfaces (outer surfaces of rods) of the pair of guides (55, 80) (Figures 2 and 3).
Regarding claim 4, KILE discloses each guide (second interpretation: 55, 80) of the pair of guides comprising a recess (note opening between the pair of rods of each guide 55, 80) formed on a side (side of each rod) of the respective guide (55, 80) (Figures 2 and 3).
Regarding claim 5, KILE discloses the yarn contacting respective lower sides of the pair of guides (first interpretation: upper rod of 55, upper rod of 80) (Figures 2 and 3) (note that a “lower side” is based on personal perspective).
Regarding claim 6, KILE discloses the pair of guides each being a single rod (first interpretation: upper rod of 55, upper rod of 80). The rods do not have holes therewithin. Accordingly, KILE discloses that the pair of guides “do not include holes configured to receive yarns below respective midlines of the pair of guides” as claimed.
Claim(s) 1-2, 5, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by INGRAM (US 5,165,352).
Regarding claims 1-2, 5 and 19, INGRAM discloses a hollow needle tufting machine comprises a system, the system comprising: a pair of guides (103, 105); and a clevis (99; includes passageway or eyelet as discussed in col. 5, lines 63-65) movable between the pair of guides (103, 105), wherein the clevis (99) defines an opening (“passageway or eyelet” for yarn to extend therethrough; col. 5, lines 63-65 and col. 6, lines 65-68) therethrough (Fig. 1). Based on figure 1, it appears that INGRAM discloses the pair of guides receiving yarn through openings to guide the feeding of the yarn to and from the plunger (99). However, note that the pair of guides of INGRAM each have a lower edge/side that is fully capable of functioning to contact the yarn when in use if the yarn is not threaded within the openings thereof.
Regarding claim 20, INGRAM discloses wherein the hollow needle tufting machine further comprises: a frame (69), wherein the pair of guides (103, 105) are coupled to the frame (69), wherein the clevis (99) is movably coupled (note 96) to the frame (69); a manifold bar (98); a needle mounting bar (71); a plurality of needles (10) mounted to the needle mounting bar (71); and a plurality of yarn delivery tubes (102) extending from the manifold bar (98) to the needle mounting bar (71), wherein the yarn (91) extends through the clevis (99), into the manifold bar (98), through a yarn delivery tube (102) of the plurality of yarn delivery tubes (102) (Figures 1-4).
Claim(s) 1-3, 5 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LOVELADY et al. (US 2025/0059693 A1). Note that provisional 63/533,171 was filed 8/17/2023 (effective filing date).
Regarding claims 1-3, 5 and 19, LOVELADY discloses a hollow needle tufting machine (10) comprises a system, the system comprising: a pair of guides (note plates, on opposing sides of jerker 71, with plurality of holes for feeding of yarn as shown in figures 2A, 5B and 5C); and a clevis (71; note body 74 thereof) movable between the pair of guides, wherein the clevis defines an opening (76) therethrough (Figures 1A-2A, 3C and 5A-5C). As shown in figures 2A, 5B and 5C, LOVELADY discloses “a second use orientation” wherein the pair of guides receiving yarn through a plurality of openings to guide the feeding of the yarn to and from the jerkers (71). However, also note that the pair of guides of LOVELADY each having outer edges (including a respective lower edge/side) that are fully capable to contact the yarn when in a [first] “use orientation” if the yarn is not threaded within the openings thereof.
Conclusion
Note that the most relevant art, as noted by the examiner during examination of the parent applicant 18/946,587, has been provided on applicant’s IDS, dated 6/29/2026. Note that US 2024/0068144 A1 discloses a hollow needle tufting machine that tufts turf yarn (synthetic grass) using a jerker system and air pressure similar to that as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732
