Ex Parte Fukui

Patent Trial and Appeal Board

Mar 16, 2018

13767287 (P.T.A.B. Mar. 16, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
131767,287 02/14/2013
85530 7590 03/20/2018
TECHNO LINKS INTERN A TI ON AL, INC.
C/O KEA TING & BENNETT, LLP
1800 Alexander Bell Drive
Suite 200
Reston, VA 20191
FIRST NAMED INVENTOR
TakaoFUKUI
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
90925.9 4360
EXAMINER
LYNCH, MEGAN E
ART UNIT PAPER NUMBER
3765
NOTIFICATION DATE DELIVERY MODE
03/20/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
uspto@kbiplaw.com
jkeating@kbiplaw.com
epreston@kbiplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte T AKAO FUKUI
Appeal2017-000105
Application 13/767,287
Technology Center 3700
Before BRETT C. MARTIN, LISA M. GUIJT, and
JEFFREY A. STEPHENS, Administrative Patent Judges.
GUIJT, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant 1 seeks our review under 35 U.S.C. § 134(a) of the
Examiner's decision2 rejecting claims 1-5, 9, 13, and 14 under 35 U.S.C.
§ 103(a) as unpatentable over Plath (US 2003/0154747 Al; published Aug.
21, 2003) and Lonati (US 2005/0081569 Al; published Apr. 21, 2005). 3 We
have jurisdiction over the appeal under 35 U.S.C. § 6(b ).
1 Appellant identifies the real party in interest as Okamoto Corporation.
Appeal Br. 2.
2 Appeal is taken from the Final Office Action dated October 1, 2015.
3 The Examiner's objection to the Specification is a petitionable, not
appealable, matter, and therefore, not within the jurisdiction of the Board.
Final Act. 2; see MPEP §§ 1002, 1201.
Appeal2017-000105
Application 13/767,287
We REVERSE.
THE CLAIMED SUBJECT MATTER
Claim 1, reproduced below as the sole independent claim on appeal, is
illustrative of the claimed subject matter on appeal, with a disputed
limitation italicized for emphasis.
1. A stitch-size controllable knitting machine for forming
tubular knitted fabric, the stitch-size controllable knitting
machine comprising:
a cylinder arranged to be rotatable around its center axis
and accommodating a plurality of knitting needles extending in
a vertical direction parallel or substantially parallel to the center
axis;
a disk-shaped sinker bed arranged such that a radial
direction thereof is perpendicular or substantially perpendicular
to the vertical direction;
a plurality of sinkers radially arranged on the sinker bed to
be movable radially inwardly and outwardly between the knitting
needles, each of the sinkers including a first yam holding portion
arranged to hold knitting yam when a first stitch is formed and a
second yam holding portion arranged to hold the knitting yam
when a second stitch is formed, the first and second stitches
having different knitting structures from each other;
a plurality of selector jacks provided radially outside the
sinkers as separate components from the sinkers to respectively
correspond to the sinkers, the selector jacks being movable
radially inwardly and outwardly and, when moving radially
inwardly, moving the corresponding sinkers radially inwardly
between the knitting needles;
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Application 13/767,287
a selection member arranged to selectively act on the
selector jacks in the vertical direction;
an actuator arranged to drive the selection member in
accordance with which one of the first stitch and the second stitch
is to be formed; and
a sinker cap, covering the sinker bed, provided with a
group of cams arranged to act on the sinkers and the selector
jacks; wherein
each of the selector jacks includes a selector butt
projecting to one side in the vertical direction and a selector boss
projecting to an opposite side in the vertical direction, the
selector butt being arranged to be subjected to a vertical action
of the selection member, the selector butt of each of the selector
jacks being arranged at a different radial position from that of an
adjacent one of the selector jacks;
the group of cams includes a cam arranged to act on the
sinkers and one other cam arranged to, when the actuator drives
the selection member to act on one of the selector jacks, come
into contact with the selector butt of the one of the selector jacks
to limit vertical movement of the one of the selector jacks and
convert the vertical movement thereof into radially inward
movement thereof;
when the first stitch is formed, the actuator performs no
action on a corresponding one of the selector jacks via the
selection member and the cam acts on a corresponding one of the
sinkers to move the sinker to a position at which the first yam
holding portion holds knitting yam;
when the second stitch is formed, the actuator acts on the
selector butt of the corresponding one of the selector jacks via
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Application 13/767,287
the selection member to bring the selector boss of the
corresponding one of the selector jacks into contact with the
other cam, and to cause the corresponding one of the selector
jacks to move radially inwardly to move the corresponding
sinker at another position at which the second yam holding
portion holds the knitting yam,
the plurality of selector jacks include a plurality of groups
of selector jacks, and each of the groups of the selector jacks
include a first selector butt, a second selector butt located
radially inside the first selector butt, a third selector butt located
radially inside the second selector butt, a fourth selector butt
located radially inside the third selector butt, a fifth selector butt
located radially inside the fourth selector butt, and a sixth
selector butt located radially inside the fifth selector butt;
the first, second, and third selector butts define first-stitch-
forming selector butts, and the fourth, fifth, and sixth selector
butts define second-stitch-forming selector butts;
when the first stitch is formed, the actuator acts on the
first-stitch-forming selector butt of a corresponding one of the
selector jacks via the selection member to lift the one of the
selector jacks, and the lifted one of the selector jacks comes into
contact with the other cam to move radially inwardly to cause a
corresponding one of the sinkers to move to the position at which
the first yam holding portion holds the yam; and
when the second stitch is formed, the actuator acts on the
second-stitch-forming selector butt of a corresponding one of the
selector jacks via the selection member to lift the one of the
selector jacks, and the lifted one of the selector jacks comes into
contact with a stepped portion of the other cam to move radially
inwardly to cause a corresponding one of the sinkers to move to
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Application 13/767,287
another position at which the second yam holding portion holds
the yam.
OPINION
The Examiner finds, inter alia, that Plath discloses a plurality of
selector jacks (i.e., selector jacks 26), each including a selector butt (i.e., butt
29) projecting to one side in the vertical direction and a selector boss (i.e.,
butt 28) projecting to an opposite side in the vertical direction, as claimed.
Final Act. 3--4 (citing Plath Fig. 2); see also Plath i-f 32. The Examiner also
finds that the butt of each of Plath's selector jacks is arranged at a different
radial position from that of an adjacent one of the selector jacks. Id. at 4
(citing Plath i-f 32); see also Plath i-f 46.
The Examiner determines that "Plath does not disclose the plurality of
selector jacks include a plurality of groups of selector jacks," wherein "each
of the groups ... include ... first, second, third, fourth, fifth and sixth
selector butts, each located radially inside the previous selector butt," and
relies on Lonati for teaching "a circular knitting machine having a plurality
of selector jacks (10) which can be grouped into groups of six selector
jacks," wherein "each following selector jack is located ... inside the
previous selector jack." Final Act. at 6 (citing Lonati Fig. 1). The Examiner
reasons that it would have been obvious "to have provided the knitting
machine of Plath with a matched number of groups of selector jacks as
taught by Lonati, in order to provide a circular knitting machine with the
desired number of selector jacks and selector butts required to materialize a
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Appeal2017-000105
Application 13/767,287
product." Id. at 7. The Examiner notes that "it is well known in the knitting
art to vary the number of knitting needles, selector jacks and selector butts as
is necessary to produce the desired end product." Id.
Appellant argues, inter alia, that Plath's selection jacks 26 and
Lonati's selection jacks have "identical dimensions in the radial direction,"
such that there is "no teaching or suggestion" that each of the groups include
projecting butts that "are provided increasingly inward in the radial
direction," as claimed. Appeal Br. 15.
The Examiner responds that the selector jacks of Plath and Lonati are
"arranged in a circular manner" and that each of Plath's selector jacks 26
with butt 29 "would be at a different radial position, that is radially inside
the previous selector butt, as each one of 26 is located in a different groove
of 18 which are arranged in a circle." Ans. 4--5 (citing Plath i-f 32). The
Examiner determines that claim 1 "do[ es] not require that the selector jacks
themselves have structure that differs from one another," whereby claim 1
"does not structurally define the selector butts [as] being provided
increasingly inward in the radial direction as argued by Appellant." Id. at 5.
The Examiner provides an annotated version of Lonati's Figure 3,
reproduced below, to demonstrate that one of Lonati's selector jacks is
radially to the inside of an adjacent selector jack.
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Appeal2017-000105
Application 13/767,287
Figure 3 of Lonati depicts a sinker ring with selectors 10 oscillating on a
radial plane with respect to the sinker ring. Lonati i-fi-f 15, 19. The Examiner
has identified adjacent selectors 10, each having an outside surface and an
inside surface, such that a second selector 10 is positioned "radially and to
the inside (i.e. inside surface)" of an adjacent first selector 10. Ans. 7.
Appellant replies that "all of the slots in which the selectors 10 ... are
included extend in parallel in the radial direction, and are only adjacent to
one another in the circumferential direction." Reply Br. 3. Appellant
submits that
[ o ]ne having ordinary skill in the art ... would have understood
that the positional relationships of circular devices are described
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Appeal2017-000105
Application 13/767,287
with respect to: (i) an "axial" direction which extends in parallel
with the central axis of the circular device, (ii) a "radial"
direction which extends directly out of the central axis in 360Q,
and [(iii)] a "circumferential" direction which extends along the
curve about the periphery of the circular device.
Id. at 3--4 (citing Plath i-fi-1 31-33 and Lonati i-fi-f 17-22 for using this same
terminology). Appellant maintains that the Examiner's finding with respect
to "radial" is unreasonable. Id. at 4--5.
Claim 1, as set forth supra, requires, in relevant part, each group of
the selector jacks to include a first selector butt, a second selector butt
located radially inside the first selector butt, a third selector butt located
radially inside the second selector butt, a fourth selector butt located radially
inside the third selector butt, a fifth selector butt located radially inside the
fourth selector butt, and a sixth selector butt located radially inside the fifth
selector butt.
The Specification discloses, for example, that "selector jacks 130 are
arranged radially outside the corresponding sinkers 120" (Spec. i1 84) and
that "each selector jack 130 includes a selector butt 132 (132a to 132f) ...
[and] a leading end 13 la that pushes out the corresponding sinker 120
arranged radially inside thereof' (id. i185). The Specification also discloses
that
circular knitting machine 1 includes a plurality of groups of six
selector jacks 130a to 130f. In each group, the position of the
selector butt 132 of each selector jack 130 is different from that
of any other selector jack 130. More specifically, the selector
butts 132a to 132f are arranged at different radial positions from
one another. The selector butt 132a is arranged at a rear-most
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Appeal2017-000105
Application 13/767,287
position in the radial direction (i.e., a radially outermost
position), and the selector butt 132b is arranged closer to the
leading end 13 la of the corresponding selector jack 130 than the
selector butt 132a. The selector butts 132c, 132d, 132e, and 132f
are arranged at different radial positions so that they become
closer to the leading ends in that order.
Id. i-f 86. Figures 5A to 5F of the Specification are reproduced below.
Fig. 5A
Fig. SB
H0(130A)
F ..
Fig. 5C 130(130C)
130d 133 ;'"" ....
\ /
134b----C~--y .. -LJ . ·=i-·-··131a
) u
13oc 132c
Fig. 5D i3Q(130D)
"130d 133 .~-'
1,., /'
131b-··- _..i..._ __ _;·+--.______ ---13·1a
Fig. 5E
Fig_ 5F
130(130E) ,.. .....
--~}-~131a
lflJ
·1i2e
130(130F}
,..----
Figures 5A to 5F of the Specification depict side views of the selector jacks.
Id. i-f 31.
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Application 13/767,287
We agree with the Examiner that the limitation in claim 1, as set forth
supra, requiring "the ... butt of each of the selector jacks ... [to be]
arranged at a different radial position from that of an adjacent one of the
selector jacks" reads on Plath's selector jacks 26, wherein one selector jack
26 has a butt 29 that is in a different radial position from that of butt 29 of
the adjacent selector jack 26, because each selector jack 26 (including a butt
29) is in a different radial slot around the circumference of the sinker ring.
(Emphasis added). However, the meaning of the claim term "radial
position" is broader, and different from, the meaning of the claim term
"radially inward position," when read in light of the Specification. In
particular, "radial position" may mean a position on a certain radius (or
spoke) about the circumference of the sinker ring, as illustrated in the
Examiner's annotated Figure 3 of Lonati supra, however, as argued by
Appellant, "radially inward position" describes an inward position along a
radius relative to the center of the circle.
Notably, claim 1 does not specify that the first through sixth selector
butts must each be on separate selector jacks in the group of selector jacks.
However, regardless of whether the first through sixth selector butts are on
the same or different selector jacks in the group, we agree with Appellant
that each butt of the first through sixth butts of the group must be located
radially inwardly, or closer to the center of the circle along a radius, than the
next butt.
Plath discloses a single configuration of a selector jack 26, which is
depicted in Figure 2 below.
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Appeal2017-000105
Application 13/767,287
27
26
I
218
\
I
'
19
29 32 I )
I
Fig.2
Figure 2 of Plath illustrates a circular knitting machine in the region of a
sinker ring, and specifically, selector jack 26 with butts 28, 29. Plath i-f 32.
Thus, at most Plath discloses a plurality of selector jacks 26 having a second
butt 28 located radially inside a first butt 29. Lonati discloses "[c]ontiguous
selectors 10 with which the sinker ring 1 is fitted have selection or selector
heels 15 arranged at mutually different heights in order to allow, if required,
a different intervention of the selection actuator 11 on contiguous selectors
10." Id. i-f 23. Figure 4 of Lonati is reproduced below.
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Appeal2017-000105
Application 13/767,287
ta
/
2
5
11
Figure 4 of Lonati depicts a sectional view of the actuation of the sinkers.
Lonati i-fi-f 15, 16. Lonati does not disclose selectors having selector butts (or
selector heels 15) at different radially inward locations, but rather, at a single
radial location about the circumference of the machine (and at possibly
different heights). Thus, we agree with Appellant that neither Plath nor
Lonati, alone or in combination, disclose groups of selector jacks, each
group including six butts, each located radially inwardly from another butt.
Accordingly, we do not sustain the Examiner's rejection of
independent claim 1 and claims 2-5, 9, 13, and 14 depending therefrom.
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Appeal2017-000105
Application 13/767,287
DECISION
The Examiner's rejection of claims 1-5, 9, 13, and 14 under 35 U.S.C.
§ 103(a) is reversed.
REVERSED
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