Office Action 5: Notice of Allowance (2025-01-28)

CLAIMS:
AMENDMENTS TO THE CLAIMS

This listing of claims will replace all prior versions, and listing, of claims in the application:

Listing of Claims:

1\. (Currently Amended) A knitting tool (1) comprising:a shank (2), which extends essentially in a longitudinal direction (z) in which the knitting tool (1) is moved during knitting,
wherein the shank (2) has, at every point along its length, a cross-sectional surface (8) which extends orthogonally with respect to the longitudinal direction (z) and along lateral (y) and elevational (x) directions,
wherein each of the cross-sectional surfaces (8) has a centroid (9), through which an imaginary center-of-gravity line (4) runs that interconnects centroids (9) of all the cross-sectional surfaces (8) along the longitudinal direction (z),
wherein the shank (2) has at least one functional portion (5) in which the imaginary center-of-gravity line (4) has a continuously varying height along a length of the at least one functional portion (5), and in which a height dimension of the cross-sectional surface (8) in the elevational (x) direction is smaller at every point along a length of the at least one functional portion (5) than a height of the shank (6) within the at least one functional portion (5), wherein the height of the shank (6) within the at least one functional portion is a distance, in the elevational direction (x), between a lowest point of the shank (2) in the elevational direction (x) and a highest point of the shank (2) in the elevational direction (x) within the at least one functional portion (5), and
wherein the length of the at least one functional portion (5) is more than 20% of a length of the knitting tool (1),
wherein a top surface (10) of the shank (6) in the at least one functional portion (5) has a continuously varying height and/or wherein a bottom surface (13) of the shank (6) in the at least one functional portion (5) has a continuously varying height such that at least one of the top surface (10) and bottom surface (13) of the shank (6) has no portion that extends parallel to the longitudinal direction (z)

within the at least one functional portion
2\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
further comprising at least one butt (18).
3\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein the at least one functional portion (5) comprises at least two sub-portions (33) in which the imaginary center-of-gravity line (4) has a continuously varying height along a length thereof,
wherein the at least two sub-portions (33) are spaced apart from each other in the longitudinal direction (z).
4\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein at least one sub-portion (33) of the at least two sub-portions (33) of the at least one functional portion (5) that precedes the at least one butt (18) in the longitudinal direction (z) and at least another sub-portion (33) of the at least two sub-portions (33) of the at least one functional portion (5) that follows the at least one butt in the longitudinal direction (z).
5\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein at least one sub-portion (33) of the at least two sub-portions of the at least one functional portion (5) adjoins the at least one butt (18) directly or is spaced apart from the at least one butt (18) only by a distance in the longitudinal direction (z) which is less than or equal to 10% of the length of the knitting tool.
6\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein the at least one functional portion (5) has at least one local minimum or maximum elevational extreme (14, 15) of the imaginary center-of-gravity line (4), and

wherein at the at least one local minimum or maximum elevational extreme, the gradient of the imaginary center-of-gravity line (4) is zero.

7\. (Currently Amended) The knitting tool (1) according to The knitting tool (1) according to wherein \[\[a\]\] the top surface (10) of the shank (2) facing a positive elevational direction (x) has a same height at positions, in the longitudinal direction (z), of at least two local maxima (14) of the imaginary center-of-gravity line (4) and/or \[\[a\]\] the bottom surface of the shank (2) facing a negative elevational direction (x) has a same height at positions of at least two local minima (15) of the imaginary center-of-gravity line (4).
8\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein the shank (2) comprises lateral surfaces facing in the lateral direction (y), and at least one of the lateral surfaces is raised laterally (y) relative to a majority of the at least one functional portion (5) at the position of at least one of the at least two local maxima (14).
9\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein at positions of local maxima (14) of the imaginary center-of-gravity line (4), the shank (2) is spaced apart from a minimum shank height (11) of the at least one functional portion (5), and
at positions of local minima (15) of the imaginary center-of-gravity line (4), the shank (2) is spaced apart from a maximum shank height (12) of the at least one functional portion (5).

10\. (Currently Amended) The knitting tool (1) according to The knitting tool (1) according to wherein at least one sub-portion (33) of the at least one functional portion (5) forms, in an x-z plane, at least one triangular recess (19)

11\. (Currently Amended) The knitting tool (1) according to claim 10wherein \[\[a\]\] the top surface (10) of the shank (2) which faces a positive elevational direction (x) of the knitting tool (1) forms a dirt catch comprising a protuberance that has a gradient course which, in a positive longitudinal direction (z) pointing in an extension direction

of the knitting tool (1), has a local gradient maximum (40) in front of at least one local height maximum (14) of the imaginary center-of-gravity line, and/or \[\[a\]\] the bottom surface of the shank (2) which faces a negative elevational direction (x) of the knitting tool (1) forms a dirt catch comprising a protuberance that has a gradient course which, in the positive longitudinal direction (z), has a local gradient minimum (41) in front of at least one local height minimum (15) of the imaginary center-of-gravity line (4).

12\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to wherein an absolute value of the local gradient maximum (40) of the top surface (10) and/or an absolute value of the local gradient minimum (41) of the bottom surface (13) is between 0.57 and 2.75.

13\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to wherein the top surface of the shank (2) which faces a positive elevational direction (x) of the knitting tool (1) and the bottom surface of the shank (2) which faces a negative elevational direction (x) of the knitting tool (1) are parallel to each other along an entire length of the-at least one functional portion (5).
14\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to SVG {EMBED HERE} 0.0770.137
wherein a last maximum (14), in a negative longitudinal direction (z) of the knitting tool (1) of the imaginary enter-of-gravity line (4) of the at least one functional portion (5) is a global maximum (42).

15\. (Previously Presented) A knitting device (27), comprising:at least one needle slot (28), which is configured to receive and, during operation, to guide a knitting tool (1), and
at least one knitting tool (1) according to claim 1.

16\. (Previously Presented) The knitting device (27) according to The knitting device (27) according to

wherein a length of the at least one needle slot (28) in the longitudinal direction (z) of the knitting tool (1), a reach of the at least one functional portion (5) in the longitudinal direction (z) of the knitting tool (1), a magnitude of a stroke (34) of a knitting movement of the knitting tool (1) during knitting are mutually coordinated such that at least 80% of the reach of the at least one functional portion (5) of the knitting tool (1), in the longitudinal direction (z), remains within the at least one needle slot (28) during knitting.

17\. (Currently Amended) The knitting device (27) according to The knitting device (27) according to wherein an upper edge (36) of the at least one needle slot (28) is spaced in the elevational direction (x) by a maximum of 0.5 mm from a highest point (39) of \[\[a\]\] the top surface of the shank (2) facing a positive elevational direction (x) of the knitting tool (1).
18\. (Previously Presented) The knitting device (27) according to claim 17, wherein:
the knitting tool (1) comprises a butt (18) which is raised in a positive elevational direction (x) relative to the at least one functional portion (5),
the butt (18) engages in a cam curve recess (30) of the knitting device (27), and
a highest point (39), in the positive elevational direction (x), of the top surface of the shank (2) is spaced apart from the cam curve recess (30) in the longitudinal direction (z).

19\. (Currently Amended) The knitting tool (1) according to claim \[\[1\]\]2 wherein a majority of the at least one functional portion is positioned aft of the at least one butt (18) in the longitudinal direction (z)

20\. (Currently Amended) The knitting tool (1) according to claim 1, wherein the length of the at least one functional portion (5') is more than 25% of a length of the knitting tool (1')

OFFICE ACTION:
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 .
EXAMINER’S AMENDMENT
An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
Authorization for this examiner’s amendment was given in an interview with the Attorney Paul B. Henkelmann on 01/21/2025.
The application has been amended as follows:
(Currently Amended) A knitting tool (1) comprising:
a shank (2), which extends essentially in a longitudinal direction (z) in which the knitting tool (1) is moved during knitting,
wherein the shank (2) has, at every point along its length, a cross-sectional surface (8) which extends orthogonally with respect to the longitudinal direction (z) and along lateral (y) and elevational (x) directions,
wherein each of the cross-sectional surfaces (8) has a centroid (9), through which an imaginary center-of-gravity line (4) runs that interconnects centroids (9) of all the cross-sectional surfaces (8) along the longitudinal direction (z),
wherein the shank (2) has at least one functional portion (5) in which the imaginary center-of-gravity line (4) has a continuously varying height along a length of the at least one functional portion (5), and in which a height dimension of the cross-sectional surface (8) in the elevational (x) direction is smaller at every point along a length of the at least one functional portion (5) than a height of the shank (6) within the at least one functional portion (5), wherein the height of the shank (6) within the at least one functional portion is a distance, in the elevational direction (x), between a lowest point of the shank (2) in the elevational direction (x) and a highest point of the shank (2) in the elevational direction (x) within the at least one functional portion (5), and
wherein the length of the at least one functional portion (5) is more than 20% of a length of the knitting tool (1),
wherein a top surface (10) of the shank (6) in the at least one functional portion (5) has a continuously varying height and/or wherein a bottom surface (13) of the shank (6) in the at least one functional portion (5) has a continuously varying height such that at least one of the top surface (10) and bottom surface (13) of the shank (6) has no portion that extends parallel to the longitudinal direction (z) within the at least one functional portion,
the knitting tool (1) further comprising at least one butt (18),
wherein the at least one functional portion (5) comprises at least two sub-portions (33) in which the imaginary center-of-gravity line (4) has a continuously varying height along a length thereof,
wherein the at least two sub-portions (33) are spaced apart from each other in the longitudinal direction (z),
wherein at least one sub-portion (33) of the at least two sub-portions (33) of the at least one functional portion (5) precedes the at least one butt (18) in the longitudinal direction (z) and at least another sub-portion (33) of the at least two sub-portions (33) of the at least one functional portion (5) follows the at least one butt in the longitudinal direction (z) .
2-4. (Canceled)
(Currently Amended) The knitting tool (1) according to claim [[4]] 1,
wherein at least one sub-portion (33) of the at least two sub-portions of the at least one functional portion (5) adjoins the at least one butt (18) directly or is spaced apart from the at least one butt (18) only by a distance in the longitudinal direction (z) which is less than or equal to 10% of the length of the knitting tool.
(Currently Amended) The knitting tool (1) according to claim 1,
wherein the at least one functional portion (5) has at least one local minimum or maximum elevational extreme (14, 15) of the imaginary center-of-gravity line (4), and
wherein at the at least one local minimum or maximum elevational extreme,  a gradient of the imaginary center-of-gravity line (4) is zero.
(Previous Presented) The knitting tool (1) according to claim 6,
wherein the top surface (10) of the shank (2) facing a positive elevational direction (x) has a same height at positions, in the longitudinal direction (z), of at least two local maxima (14) of the imaginary center-of-gravity line (4) and/or the bottom surface of the shank (2) facing a negative elevational direction (x) has a same height at positions of at least two local minima (15) of the imaginary center-of-gravity line (4).
(Previous Presented) The knitting tool (1) according to claim 7,
wherein the shank (2) comprises lateral surfaces facing in the lateral direction (y), and at least one of the lateral surfaces is raised laterally (y) relative to a majority of the at least one functional portion (5) at the position of at least one of the at least two local maxima (14).
(Previous Presented) The knitting tool (1) according to claim 1,
wherein at positions of local maxima (14) of the imaginary center-of-gravity line (4), the shank (2) is spaced apart from a minimum shank height (11) of the at least one functional portion (5), and
at positions of local minima (15) of the imaginary center-of-gravity line (4), the shank (2) is spaced apart from a maximum shank height (12) of the at least one functional portion (5).
(Previous Presented) The knitting tool (1) according to claim 1,
wherein at least one sub-portion (33) of the at least one functional portion (5) forms, in an x-z plane, at least one triangular recess (19).
(Previous Presented) The knitting tool (1) according to claim 10,
wherein the top surface (10) of the shank (2) which faces a positive elevational direction (x) of the knitting tool (1) forms a dirt catch comprising a protuberance that has a gradient course which, in a positive longitudinal direction (z) pointing in an extension direction of the knitting tool (1), has a local gradient maximum (40) in front of at least one local height maximum (14) of the imaginary center-of-gravity line, and/or
the bottom surface of the shank (2) which faces a negative elevational direction (x) of the knitting tool (1) forms a dirt catch comprising a protuberance that has a gradient course which, in the positive longitudinal direction (z), has a local gradient minimum (41) in front of at least one local height minimum (15) of the imaginary center-of-gravity line (4).
(Previously Presented) The knitting tool (1) according to claim 11,
wherein an absolute value of the local gradient maximum (40) of the top surface (10) and/or an absolute value of the local gradient minimum (41) of the bottom surface (13) is between 0.57 and 2.75.
(Previously Presented) The knitting tool (1) according to claim 1,
wherein the top surface of the shank (2) which faces a positive elevational direction (x) of the knitting tool (1) and the bottom surface of the shank (2) which faces a negative elevational direction (x) of the knitting tool (1) are parallel to each other along an entire length of the-at least one functional portion (5).
(Previously Presented) The knitting tool (1) according to claim 1,
wherein a last maximum (14), in a negative longitudinal direction (z) of the knitting tool (1) of the imaginary enter-of-gravity line (4) of the at least one functional portion (5) is a global maximum (42).
(Previously Presented) A knitting device (27), comprising:
at least one needle slot (28), which is configured to receive and, during operation, to guide a knitting tool (1), and
at least one knitting tool (1) according to claim 1.
(Previously Presented) The knitting device (27) according to claim 15,
wherein a length of the at least one needle slot (28) in the longitudinal direction (z) of the knitting tool (1), a reach of the at least one functional portion (5) in the longitudinal direction (z) of the knitting tool (1), a magnitude of a stroke (34) of a knitting movement of the knitting tool (1) during knitting are mutually coordinated such that at least 80% of the reach of the at least one functional portion (5) of the knitting tool (1), in the longitudinal direction (z), remains within the at least one needle slot (28) during knitting.
(Previously Presented) The knitting device (27) according to claim 16,
wherein an upper edge (36) of the at least one needle slot (28) is spaced in the elevational direction (x) by a maximum of 0.5 mm from a highest point (39) of the top surface of the shank (2) facing a positive elevational direction (x) of the knitting tool (1).
(Currently Amended) The knitting device (27) according to claim 17, wherein:
the at least one butt (18)  is raised in  the positive elevational direction (x) relative to the at least one functional portion (5),
the at least one butt (18) engages in a cam curve recess (30) of the knitting device (27), and
a highest point (39), in the positive elevational direction (x), of the top surface of the shank (2) is spaced apart from the cam curve recess (30) in the longitudinal direction (z).
(Currently Amended) The knitting tool (1) according to claim [[2]] 1,
wherein a majority of the at least one functional portion is positioned aft of the at least one butt (18) in the longitudinal direction (z).
(Currently Amended) The knitting tool (1) according to claim 1,
wherein the length of the at least one functional portion (5) is more than 25% of  the length of the knitting tool (1).
Claims 1 and 5-20 are allowed over the art of record.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
None of the cited prior arts of record, alone or in combination, and in conjunction with other cited limitations, discloses a knitting tool that includes at least one functional portion in which the imaginary center-of-gravity line has a continuously varying height along a length of the at least one functional portion, wherein at least one of the top and bottom surfaces of the shank in the functional portion has a continuously varying height such that at least one of the top surface and bottom surface of the shank has no portion that extends parallel to the longitudinal direction within the at least one functional portion; wherein the at least one functional portion comprises at least two sub-portions in which the imaginary center-of-gravity line has a continuously varying height along a length thereof, wherein the at least two sub-portions are spaced apart from each other in the longitudinal direction, and wherein at least one sub-portion of the at least two sub-portions of the at least one functional portion precedes a butt of the knitting tool in the longitudinal direction and at least another sub-portion of the at least two sub-portions of the at least one functional portion follows the butt in the longitudinal direction.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKS
Claims 1-20 were pending in the above-identified application of which claim 1 is
independent. With this paper, claims 1, 7, 10-11, 17, and 19-20 are amended. No new matter is added.
Objection to the Specification
The Action objected to the specification as allegedly failing to provide antecedent basis with respect to "a top surface of the shank in the at least one functional portion has a continuously varying height at a local height maximum of the at least one functional portion and/or wherein a bottom surface of the shank in the at least one functional portion has a continuously varying height at a local height minimum of the at least one functional portion" in claim 1; "the top surface of the shank has a continuously varying height along the length of the at least one functional portion" in claim 19 and "the bottom surface of the shank has a continuously varying height along the length of the at least one functional portion" in claim 20. Applicant has amended the specification at paragraph [0008] to provide explicit antecedent basis for the limitations of amended claim 1 to obviate the rejection. Support for this amendment can be found in at least paragraph [0008] and FIGS. 1, 4-7, 9, 11 and 12. Claims 19 and 20 have been amended such that the rejections are no longer applicable. Withdrawal of the rejection is respectfully requested.
Rejections under 35 U.S.C. §112
The Action rejected claims 1-20 under 35 U.S.C. @ 112(a) as allegedly failing to comply with the written description requirement. Claim 1 has been amended to specify wherein a top surface (10) of the shank (6) in the at least one functional portion (5) has a continuously varying height and/or wherein a bottom surface (13) of the shank (6) in the at least one functional portion
(5) has a continuously varying height such that at least one of the top surface (10) and bottom surface (13) of the shank (6) has no portion that extends parallel to the longitudinal direction (z) within the at least one functional portion. Support for this amendment can be found in at least paragraph [0008] of the specification. For example, the specification states:
In the subsections of the functional portion the centre-of-gravity line
ther words, the height of the centre-of-gravity
line does not remain c
ses and/or falls in the elevational direction
along its course in the tool's longitudinal direction. Advantages are obtained if the
centre-of-gravity line varies its height in such a way that, viewed in an x-z plane,
it "oscillates". The shape of the centre-of-gravity line is substantially due to a change relating to the knitting tool's cross section in the x-y plane and not to a
change in density or material. Such a change may simply be a displacement of the
cross section in elevational direction.
Based on this description, one of ordinary skill would understand that if the center of
gravity line varies its height continuously or oscillates, and that this continuous change in height is due to a displacement in the kitting tool's cross section in the x-y plane in the elevational direction (as successive cross-sections are taken along the longitudinal direction of the tool), this would mean that at least one of the upper and lower surfaces of the shank would also vary continuously. Figures 2 and 3 of the instant application illustrate two non-successive cross- sections of the knitting tool taken in the x-y plane where the centroid 9 has a change in height due to the displacement of the cross-section in the elevational direction.
Further support for the objected-to limitations may be found in at least FIGS. 1, 4-7, 9, 11 and 12, which show that a height of at least one of the top and bottom surfaces of the shank (indicated by reference numbers 10 and 13) in the functional portion (indicated by the reference number 5) vary continuously such that no portion of at least one of the top and bottom surfaces of the shank extend parallel to the longitudinal direction. FIGS. 1, 4 and 5 are reproduced below for ease of reference:
Fig. 1
Fig. 4
Fig. 5
In view of the above, withdrawal of the rejections under 35 U.S.C. § 112(a) are respectfully requested.
The Action rejected claims 1-20 under 35 U.S.C. § 112(b) as allegedly being indefinite. Claim 1 has been amended as described above to clarify that at least one of the top and bottom surfaces of the shank in the functional portion has a continuously varying height.
Claims 7, 11 and 17 have been amended to clarify that the top and bottom surfaces referred to are the same as introduced in claim 1.
Accordingly, withdrawal of the rejections is respectfully requested.
Rejections under 35 U.S.C. § 103
The Action rejected claims 1-3, 6-11, 13-15, and 19-20 under 35 U.S.C. § 103 as
allegedly unpatentable over U.S. Patent No. 4,625,527 to Fukuhara, in view of U.S. Patent No. 3,994,145 to Stolz.
The Action rejected claims 4-5 under 35 U.S.C. § 103 as allegedly unpatentable over Fukuhara, as applied to claim 3, and further in view of U.S. Patent Publication No. 2009/0229310 to Abe.
The Action rejected claim 12 as allegedly unpatentable over Fukuhara and Stolz, as applied to claim 11, and further in view of U.S. Patent No. 3,875,767 to Kopal.
The Action rejected claim 16 under 35 U.S.C. § 103 as allegedly unpatentable over
Fukuhara and Stolz, as applied to claim 15, and further in view of U.S. Patent No. 7,117,692 to Su.
The Action rejected claim 17 under 35 U.S.C. § 103 as allegedly unpatentable over
Fukuhara, Stolz and Su, as applied to claim 16, and further in view of U.S. Patent Publication No. 2012/0006064 to Haug.
The Action rejected claim 18 under 35 U.S.C. § 103 as allegedly unpatentable over Fukuhara, Stolz, Su, and Haug as applied to claim 17, and further in view of U.S. Patent No. 5,327,748 to Izumi.
Applicant respectfully traverses the rejections.
Claim 1 as amended specifies a knitting tool that includes at least one functional portion in which the imaginary center-of-gravity line has a continuously varying height along a length of the at least one functional portion, and wherein at least one of the top and bottom surfaces of the shank in the functional portion has a continuously varying height such that at least one of the top surface and bottom surface of the shank has no portion that extends parallel to the longitudinal direction within the at least one functional portion. Claim 1 further specifies that the length of the at least one functional portion is more than 20% of a length of the knitting tool.
The Action admits that Fukuhara fails to disclose a functional portion that is more than 20% of the length of the needle and also fails to disclose at least one of the top and bottom surfaces of the shank in the functional portion has a continuously varying height at a local height maximum or local height minimum as previously claimed.
However, the Action asserts that Stolz teaches in FIG. 2 a needle having an undulating zone, wherein a top surface and a bottom surface has a continuously varying height. Based on this disclosure, the Action alleges:
It would have been obvious to one of the ordinary skill in the art before
the effective filing date of the invention to modify the shape the top surface and
the bottom surface of the modified structure Fukuhara comprising a continuously
varying height in the functional portion as taught by Stolz so that the shank is
easily made, requires less material or stock in its construction, and facilitates in
operation (Stolz, column 3, lines 11-22).
Applicant respectfully disagrees and the asserts that the Action fails to establish a prima facie case of obviousness.
Applicant submits that modifying the structure of Fukuhara's needle to have a
continuously varying height as proposed would be contrary to the explicit teachings of Fukuhara and change its principle of operation. Fukuhara states that the cutouts shown in the embodiment of FIG. 4 are spaced apart to provide "bridges" which reduce the weight of the needle and give some sectional resiliency. Fukuhara also warns that cutouts limit the strength of the shank and "must be limited to certain critical dimensions or the shank is weakened to the point that breakage of the shank may occur at high operating speeds." (Fukuhara at Col. 1, lines 54-60.) To that extent, Fukuhara notes that the depth of the cutouts 11 are preferably limited such that they do not extend beyond the central groove 10 into the opposing edge portion having an enlarged width relative to the central groove. (Fukuhara at Col. 4, lines 15-20). Accordingly, one of ordinary skill would not be motivated to remove further material from the "bridges", i.e., the flat, longitudinally extending edge portions 6 and 7, which provide rigidity to the shank due to their enlarged width relative to the central groove 10, in order to provide an upper and/or lower surface that has a height that continuously varies, because doing so would greatly weaken the shank and would prevent the cutouts from being spaced apart as taught by Fukuhara. Further, such a modification would substantially reduce both the length of the bridge portions and would be contrary to Fukuhara's teaching to leave the edge portions 6, 7 intact by limiting the cutouts to extend only within the central groove 10 of the needle and not into an opposing edge portion.
Nor would modifying Fukuhara's needle as proposed would make it easier to
manufacture. Indeed, the manufacturing methods taught by Fukuhara and Stolz are incompatible. Stolz teaches to draw a wire and bend the wire to form undulations (Stolz, column 2, lines 55-57)
or to draw the forward part of the shank, flatten the wire in a press, and then blank the butt and undulations separately. (Col. 2, lines 62-68.) Fukuhara teaches to form an elongated groove in a sheet of metal to reduce the weight of the needle. The sheet of metal therefore has a cross section similar to an I-beam (see Fukuhara, Fig. Figs. 3 and 6). This form is not suitable to be bent for forming undulations as suggested by Stolz. Further, flattening the wire in a press as taught by the alternate manufacturing method of Stolz would remove the elongate groove 10, which would defeat the entire purpose of Fukuhara's invention and change its principle of operation. Fukuhara instead suggests to stamp the entire needle including the cutouts from the grooved sheet of metal (Fukuhara Col. 1, lines 9-10.) A person having ordinary skill in the art would therefore not be motivated to modify Fukuhara's needle with the undulations as disclosed by Stolz, as doing so would not simplify or facilitate the manufacturing of the needle.
The proposed modification of Fukuhara's needle would also not necessarily require less material. A person of ordinary skill in the art would understand that the undulations disclosed by Stolz, at least when using the first disclosed manufacturing process of Stolz, would require more material relative to the alleged functional portion of Fukuhara's needle, as each undulation within a certain longitudinal length of the needle would require more material to form the undulations by bending. Further, neither Fukuhara nor Stolz suggest that their manufacturing methods use less material than previously known methods.
In view of the above, applicant submits that the Action fails to establish a prima facie case of obviousness with respect to claim 1. The dependent claims are allowable for at least the same reasons.
The dependent claims also recite subject matter that is novel and non-obvious over the relied-upon art.
It should be noted that although arguments may have been presented with respect to certain claims herein, the recited subject matter as well as various other subject matter and/or combinations of subject matter may be patentable for other reasons. Further, the failure to address any statement by the Examiner herein should not be interpreted as acquiescence or agreement with such statement. We expressly reserve the right to set forth additional and/or alternative reasons for patentability and/or allowance with the present application or in any other future proceeding, and to rebut any statement presented by the Examiner in this or other papers during prosecution of the present application.
Conclusion