Office Action 3: Non-Final Rejection (2024-07-30)
Rejection types: 103 - Obviousness, 112 - Written Description/Enablement

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 varying height, 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 at least one functional portion (5) has a length which is more than 20% of a length of the knitting tool (1),
wherein the at least one functional portion (5) consists of \[\[has\]\] a plurality of subsections (7), wherein in each of the plurality of subsections an absolute value of a gradient of the imaginary center-of-gravity line (4) is between \[\[0\]\] zeroand oo;
wherein each of the plurality of subsections have no portion in which the gradient of the imaginary center-of-gravity line \[\[of\]\] is zero \[\[0\]\].

2\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
further comprising at least one butt (18).
3\. (Currently Amended) 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), each of which has subsections (7) of the plurality of subsections in which the absolute value of the gradient of the imaginary center-of-gravity line (4) is between 0 and oo, and
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\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein a 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 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\. (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 one functional portion (5) forms, in an x-z plane, at least one triangular recess (19) and/or at least one wavelike recess (20).
11\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to
wherein a top surface (10) of the shank (2) which faces a positive elevational direction (x) of the knitting tool (1) 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 bottom surface of the shank (2) which faces a negative elevational direction (x) of the knitting tool (1) 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 a top surface of the shank (2) which faces a positive elevational direction (x) of the knitting tool (1) and a bottom surface of the shank (2) which faces a negative elevational direction (x) of the knitting tool (1) are substantially parallel to each other in the subsections (7) of the at least one functional portion (5).

14\. (Previously Presented) The knitting tool (1) according to The knitting tool (1) according to wherein a last maximum (14), in a negative longitudinal direction (z) of the knitting tool (1) of the imaginary center-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\. (Previously Presented) 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 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).

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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 05/14/2024 has been entered.
Claim Objections
Claim 13 is objected to because of the following informalities:
In claim 13, line 4, “the subsections” is read as “the plurality of subsections”.
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.
Claims 1-18 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.
Claim 1 recites “the at least one functional portion consists of a plurality of subsections…wherein each of the plurality of subsections have no portion in which the gradient of the imaginary center-of-gravity is zero”. While the term “consists of” excludes any element not specified in the claim, the specification describes the functional portion (5) further comprises local minimum or maximum elevational extreme (14, 15), at which the gradient of the imaginary center-of-gravity line is zero. Therefore, it is unclear the local minimum or maximum elevational extreme (where the gradient of the imaginary center-of-gravity is zero) is part of the subsection or not, then claim 1 is indefinite.
Claim 6 recites “wherein the at least one functional portion has at least one local minimum or maximum elevational extreme of the imaginary center-of-gravity line, and wherein at the at least one local minimum or maximum elevational extreme, the gradient of the imaginary center-of-gravity line is zero”, while claim 1 recites “the at least one functional portion consists of a plurality of subsections” and the term “consists of” excludes any element not specified in the claim. Therefore, claim 6 is indefinite.
Claim 13 recites “a top surface … and  a bottom surface … are substantially parallel to each other” in line 4. It is unclear the top surface and the bottom surface are parallel or not parallel to each other by the term “substantially parallel”. As the specification does not provide a standard for term “substantially parallel” and the claim does not define the term, claim 13 is indefinite. For the purpose of applying art, “substantially parallel” is interpreted as the top surface and the bottom surface are parallel at some portions.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
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 (i.e., changing from AIA  to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-11 and 13-15 are rejected to the degree of definiteness under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527).
Regarding claim 1, Fukuhara teaches a knitting tool (fig. 4) comprising:
a shank (fig. 4, shank 1), which extends essentially in a longitudinal direction in which the knitting tool is moved during knitting,
wherein the shank has, at every point along its length, a cross-sectional surface which extends orthogonally with respect to the longitudinal direction and along lateral and elevational directions (fig. 4, the shank has a cross-sectional surface at every point along its length),
wherein each of the cross-sectional surface has a centroid, through which an imaginary center-of-gravity line runs that interconnects centroids of all the cross-sectional surfaces along the longitudinal direction (fig. 4, every cross-sectional surface of the shank has a centroid),
wherein the shank has at least one functional portion (annotated fig. 4 below, floating section with spaced cutouts 11) in which the imaginary center-of-gravity line has a varying height, and in which a heigh dimension of the cross-sectional surface in the elevational direction is smaller at every point along a length of the at least one functional portion than a height of shank within the at least one functional portion (annotated fig. 4 below), wherein the height of the shank within the at least one functional portion is a distance, in the elevational direction, between a lowest point of the shank in the elevational direction and a highest point of the shank in the elevational direction within the at least one functional portion (annotated fig. 4 below), and
wherein the at least one functional portion consists of a plurality of subsections (annotated fig. 4 below), wherein in each of the plurality subsections an absolute value of a gradient of the imaginary center-of-gravity line is between zero and ∞ (annotated fig. 4 below, as the subsections are inclined with the horizontal axis, the subsections have an absolute value of a gradient of the imaginary center-of-gravity line is between zero and ∞);
wherein each of the plurality of subsections have no portion in which the gradient of the imaginary center-of-gravity line is zero (annotated fig. 4 below, in the subsections, there is no portion along the imaginary center-of gravity line comprising the upper edge and the lower edge parallel to the horizontal axis, therefore, the plurality of subsections have no portion in which the gradient of the imaginary center-of-gravity line is zero).
Fukuhara does not explicitly state the at least one functional portion has a length which is more than 20% of a length of the knitting tool.
However, Fukuhara shows in fig. 4 the floating section with spaced cutouts is about ½ of a length of the knitting tool.
It is obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the at least one functional portion of Fukuhara having a length which is more than 20% of a length of the knitting tool as suggested in fig. 4 for the benefit of reducing the weight of the knitting needle and thereby improving the shock absorbing characteristics of the shank (Fukuhara, column 1, lines 63-66).
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Regarding claim 2, the modified structure Fukuhara teaches at least one butt (fig. 4, butt 2).
Regarding claim 3, the modified structure Fukuhara teaches at least two sub-portions, each of which has subsections of the plurality of subsections in which the absolute value of the gradient of the imaginary center-of-gravity line is between 0 and ∞, and the at least two sub-portions are spaced apart from each other in the longitudinal direction (annotated fig. 4 below).
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Regarding claim 6, the modified structure Fukuhara teaches the at least one functional portion has at least one local minimum or maximum elevational extreme of the imaginary center-of-gravity line, and wherein at the at least one local minimum or maximum elevational extreme, the gradient of the imaginary center-of-gravity line is zero (as annotated fig. 4 above, the sub-portions of the functional portion have a change from upward to downward direction or from downward to upward direction, therefore, there is at least one local minimum or maximum elevational extreme of the imaginary center-of-gravity line, and wherein at the at least one local minimum or maximum elevational extreme, the gradient of the imaginary center-of-gravity line is zero).
Regarding claim 7, the modified structure Fukuhara teaches wherein a top surface of the shank facing a positive elevational direction has a same height at positions, in the longitudinal direction, of at least two local maxima of the imaginary center-of-gravity line and/or a bottom surface of the shank facing a negative elevational direction has a same height at positions of at least two local minima of the imaginary center-of-gravity line (annotated fig. 4 below).
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Regarding claim 8, the modified structure Fukuhara teaches the shank comprises lateral surfaces facing in the lateral direction, and at least one of the lateral surfaces is raised laterally relative to a majority of the at least one functional portion at the position of at least one of the at least two local maxima (fig. 4, at the local maxima 6, lateral surfaces are raised laterally relative to groove 10 as shown in fig. 3; column 3, lines 61-63, groove 10 comprises a majority of the functional portion at the position of the local maxima as the ratio of the width h of groove 10 to the width i of the needle shank is 0.5).
Regarding claim 9, the modified structure Fukuhara teaches at positions of local maxima of the imaginary center-of-gravity line, the shank is spaced apart from a minimum shank height of the at least one functional portion (annotated fig. 4 below), and
at positions of local minima of the imaginary center-of-gravity line, the shank is spaced part from a maximum shank height of the at least one functional portion (annotated fig. 4 below).
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Regarding claim 10, the modified structure Fukuhara teaches at least one sub-portion of the at least one functional portion forms, in an x-z plane at least one wavelike recess (fig. 4, recess 11 is a wavelike recess).
Regarding claim 11, the modified structure Fukuhara teaches a top surface of the sank which faces a positive elevational direction of the knitting tool has a gradient course which, in a positive longitudinal direction pointing in an extension direction of the knitting tool, has a local gradient maximum in front of at least one local height maximum of the imaginary center-of-gravity line (annotated fig. 4 below), and/or
a bottom surface of the shank which faces a negative elevational direction of the knitting tool has a gradient course which, in the positive longitudinal direction, has a local gradient minimum in front of at least one local height minimum of the imaginary center-of-gravity line (annotated fig. 4 below).
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Regarding claim 13, the modified structure Fukuhara teaches a top surface of the shank which faces a positive elevational direction of the knitting tool and a bottom surface of the shank which faces a negative elevational direction of the knitting tool are substantially parallel to each other in the subsections of the at least one functional portion (annotated fig. 4 below, the top surface and the bottom surface have portions parallel to each other).
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Regarding claim 14, the modified structure Fukuhara teaches a last maximum in a negative longitudinal direction of the knitting tool of the imaginary center-of-gravity line of the at least one functional portion is a global maximum (annotated fig. 4 below).
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Regarding claim 15, the modified structure Fukuhara teaches a knitting device (column 5, line 17, knitting machine), comprising: at least one needle slot (column 5, line 39, guide slot) which is configured to receive and, during operation, to guide a knitting tool and at least one knitting tool according to claim 1.
Claims 4-5 are rejected to the degree of definiteness under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527), as applied to claim 3 above, and further in view of Abe (US 2009/0229310).
Regarding claim 4, the modified structure Fukuhara does not teach wherein at least one sub-portion of the at least two sub-portions of the at least one functional portion that precedes the at least one butt in the longitudinal direction and at least another sub-portion of the at least two sub-portions of the at least one functional portion that follows the at least one butt in the longitudinal direction.
However, in the same field of endeavor, Abe teaches at least one floating section is established forward of the butt and at least one floating section is established backward of the butt (fig. 4 (a)-(c)).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara with the arrangement of sub-portions as taught by Abe for the benefit of distributing the reduced shank weight evenly along the length of the shank to improve shock absorbing characteristics of the shank of the needle.
Regarding claim 5, the modified structure Fukuhara-Abe does not teach at least one sub-portion of the at least two sub-portions of the at least one functional portion adjoins the at least one butt directly or is spaced apart from the at least one butt only by a distance in the longitudinal direction which is less than or equal to 10% of the length of the knitting tool.
However, Abe teaches at least one sub-portion of the at least two sub-portions of the at least one functional portion adjoins the at least one butt directly (annotated fig. 1 below, the annotated first sub-portion and second sub-portion adjoin the butt 15).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Abe with the arrangement of sub-portions adjoining the at least one butt directly as taught by Abe for the benefit of distributing the reduced shank weight evenly along the length of the shank to improve shock absorbing characteristics of the shank of the needle.
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Claim 12 is rejected to the degree of definiteness under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527), as applied to claim 11 above, and further in view of Kopal (US 3875767).
Regarding claim 12, the modified structure Fukuhara does not teach an absolute value of the local gradient maximum of the top surface and/or an absolute value of the local gradient minimum of the bottom surface is between 0.57 and 2.75.
However, in the same field of endeavor, Kopal teaches an absolute value of the local gradient maximum of the top surface and/or an absolute value of the local gradient minimum of the bottom surface is between 0.57 and 2.75 (fig. 5, column 4, lines 7-10, the angle alpha formed by slanted portion 25 and by the back edge 26 is 50 degree or the absolute value of the gradient is tan (50 degree), which is equal 1.19).
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 local gradient maximum of the top surface and/or a local gradient minimum of the bottom surface of the modified structure Fukuhara with the absolute value as suggested by Kopal so that the shank obtains a certain resiliency, which is capable of reducing the acceleration upon impact of the butt on a cam track face (Kopal, column 4, lines 10-12).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527),  as applied to claim 15 above, and further in view of Su (US 7117692).
Regarding claim 16, the modified structure Fukuhara does not clearly teach a length of the at least one needle slot in the longitudinal direction of the knitting tool, a reach of the at least one functional portion in the longitudinal direction of the knitting tool, a magnitude of a stroke of a knitting movement of the knitting tool during knitting are mutually coordinated such that at least 80% of the reach of the at least one functional portion of the knitting tool, in the longitudinal direction remains within the at least one needle slot during knitting.
However, in the same field of endeavor, Su teaches a length of the at least one needle slot in the longitudinal direction of the knitting tool, a reach of the at least one functional portion in the longitudinal direction of the knitting tool (fig. 3A shows the needle 10 reaching for yarn 30, the needle 10 is in the needle slot of the guide plate 50), a magnitude of a stroke (annotated fig. 3A below) of a knitting movement of the knitting tool during knitting are mutually coordinated such that at least 80% of the reach of the at least one functional portion of the knitting tool, in the longitudinal direction remains within the at least one needle slot during knitting (annotated fig. 3A below, 100% of the annotated functional portion remains within the needle slot of the guide plate 50).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara with the teaching of Su that at least 80% of the reach of the at least one functional portion of the knitting tool, in the longitudinal direction remains within the at least one needle slot during knitting for the benefit of providing protection of the needle shank and keeping the functional portion out of the way of yarn knitting area.
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Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527) and Su (US 7117692), as applied to claim 16 above, and further in view of Haug (US 2012/0006064).
Regarding claim 17, the modified structure Fukuhara-Su does not teach an upper edge of the at least one needle slot is spaced in the elevational direction by a maximum of 0.5 mm from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool.
However, in the same field of endeavor, Haug teaches an upper edge of the at least one needle slot is spaced in the elevational direction by a maximum of 0.5 mm from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool (fig. 3, para. [0014], the shank cross-section matches the channel cross-section; and figs. 2 and 3 show the top edge of the shank is in line with the top edge of the channel).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Su with the arrangement of the shank in the guide channel as taught by Haug for the benefit of saving weight regarding the knitting device, which results in a reduction of the mass moment of inertia of the knitting cylinder (Haug, para. [0014]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527), Su (US 7117692) and Haug (US 2012/0006064), as applied to claim 17 above, and further in view of Izumi (US 5327748).
Regarding claim 18, the modified structure Fukuhara-Su-Haug teaches the knitting tool comprises a butt (Fukuhara, fig. 4, butt 2), which is raised in a positive elevational direction relative to the at least one functional portion.
The modified structure Fukuhara-Su-Haug does not teach the butt engages in a cam curve recess of the knitting device, and a highest point, in the positive elevational direction, of the top surface of the shank is spaced apart from the cam curve recess in the longitudinal direction.
However, in the same field of endeavor, Izumi teaches the butt (fig. 1, butt 1) engages in a cam curve recess (fig. 1, guide track 3) of the knitting device, and a highest point, in the positive elevational direction, of the top surface of the shank is spaced apart from the cam curve recess in the longitudinal direction (annotated fig. 1 below).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Su-Haug with the teaching of Izumi that the butt engages in a cam curve recess of the knitting device, and a highest point, in the positive elevational direction, of the top surface of the shank is spaced apart from the cam curve recess in the longitudinal direction for the benefit of providing undulating path which the needle butt must follow as the butt is moved relative to the cam in a direction transverse to the longitudinal axis of the needle. Thus, the undulating sides of the cam track engage the needle butt and cause the knitting needle to move in a reciprocating fashion (Izumi, column 1, lines 24-30).
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Response to Arguments
Applicant’s arguments, dated 05/14/2024, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 05/14/2024, with respect to the rejections of claims under 35 U.S.C 102 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented. Thus, the amended limitations have been addressed as analyzed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.

APPLICANT REBUTTAL: REMARKS
Claims 1-18 were pending in the above-identified application of which claim 1 is
independent. With this paper, claims 1, 3 and 13 have been amended. Claims 19 and 20 are new. No new matter is added.
Interview Summary
A telephonic interview was held with the Examiner on October 23. Applicant proposed amendments to the claims to further distinguish claims 1 and 13 over Fukuhara. No agreement was reached.
Claim Objections
The Action objected to claim 13 as allegedly having informalities. Applicant has amended claim 13 to obviate the rejection. Withdrawal of the rejection is respectfully requested.
Rejections under 35 U.S.C. § 112
The Action rejected claims 1-18 under 35 U.S.C. § 112(b) as allegedly being indefinite. Claim 1 has been amended to delete the objected to terms.
Claim 6 was rejected as being allegedly inconsistent with claim 1. In view of the amendment to claim 1, the alleged inconsistency has been obviated.
Claim 13 is amended to delete the term "substantially".
Accordingly, withdrawal of the rejections is respectfully requested.
Rejections under 35 U.S.C. § 103
The Action rejected claims 1-3, 6-11, and 13-15 under 35 U.S.C. § 103 as allegedly unpatentable over U.S. Patent No. 4,625,527 to Fukuhara.
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, 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, 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 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, 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 recites:
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)
has a length which
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 varyin
g
height at a local height maximum of the at least one functional portion and/or wherein a bottom surface (13) of the shank (6) in the at least one functional portion (5) has a continuously varyin
g
height at a local height minimum of the at least one functional portion.
w
herein the at least one functional portion (5) consists of a plurality of subsections (7),
w
herein in each of the plurality of subsections an absolute value of a gradient of the imaginary center-of-gravity line (4) is between zero and
oo;
w
herein each of the plurality of subsections have no portion in
w
hich the gradient of the imaginary center-of-gravity line is zero
.
The relied upon art fails to disclose or suggest each limitation of claim 1, including at least a knitting tool having at least one functional portion wherein the at least one functional portion has a length which is more than 20% of a length of the knitting tool and wherein 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. The configuration of claim 1 allows the contact points in the vicinity of the local maxima and minima to have a smaller surface area to reduce the friction between those portions of the needle and the needle slot in which the needle resides. (See para. [0020] of the instant published application). The claimed configuration of the functional portion also eliminates so-called floating sections, e.g. the longitudinally extending portions 6 and 7 of Fukuhara's FIG. 4, under and above which dirt can collect during the knitting process. (See para. [0006-7], [0015].)
The Action contends that a knitting tool of FIG. 4 discloses each limitation of pre- amendment claim 1, except that Fukuhara does not explicitly teach that the at least one functional portion has a length which is more than 20% of a length of the knitting tool. The Action provides annotated FIG. 4, reproduced below:
As is evident from FIG. 4, the alleged functional portion of Fukuhara's knitting tool lacks at least a top surface of the shank that has a continuously varying height at a local height maximum and a bottom surface of the shank in the at least one functional portion has a continuously varying height at a local height minimum. The alleged functional portion includes local height maximums at each of the "front" edges 6 and local height maximums at each of the "rear" edges
7. However, the top surfaces of each of the "front" edges 6 and the bottom surfaces of each of the "rear" edges 7 have a constant height, rather than a continuously varying height. Accordingly, Fukuhara fails to disclose or suggest at least one functional portion as now claimed. For similar reasons, Fukuhara also fails to disclose or suggest wherein the top surface of the shank has a continuously varying height along the length of the at least one functional portion, as recited in new claim 19, or wherein the bottom surface of the shank has a continuously varying height along the length of the at least one functional portion, as recited in new claim 20.
Accordingly, Fukuhara fails to render claim 1 obvious. The other relied upon art fails to remedy the deficiencies of Fukuhara. Claims 2-20 are allowable for at least the same reasons.
In addition, Fukuhara also fails to disclose or suggest wherein the top surface of the
shank which faces a positive elevational direction of the knitting tool and the bottom surface of the shank which faces a negative elevational direction of the knitting tool are parallel to each other along an entire length of the at least one functional portion as recited in amended claim 13. Accordingly, claim 13 is believed to be allowable for at least this additional reason.
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

NEXT 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/29/2024 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter.  See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).  Correction of the following is required:
The specification does not describe “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 heigh 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA  35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “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 heigh minimum of the at least one functional portion”; claim 19 recites “the top surface of the shank has a continuously varying height along the length of the at least one functional portion” and claim 20 recites “the bottom surface of the shank has a continuously varying height along the length of the at least one functional portion”. The limitations are not described in the specification and the drawings do not clearly show the limitations, therefore, claims 1, 19 and 20 fail to comply with the written description requirement.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
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.
Claims 1-20 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.
Claim 1 recites “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 heigh minimum of the at least one functional portion”. It is unclear how the at least one functional portion has a continuously varying height at one position (at a local height maximum or at a local height minimum)? For the purpose of applying art, the limitation is interpreted that a top surface of the shank in the at least one functional portion has a continuously varying height and/or wherein a bottom surface of the shank in the at least one functional portion has a continuously varying height.
Claim 7 recites “a top surface of the shank” in line 2 and “a bottom surface of the shank” in line 4; claim 11 recites “a top surface of the shank” in line 2 and “a bottom surface of the shank” in line 6; claim 17 recites “a top surface of the shank” in line 3. It is unclear “a top surface of the shank” and/or “a bottom surface of the shank” in claims 7, 11 and 17 are the same or different from “a top surface of the shank” and “a bottom surface of the shank” in claim 1. For the purpose of applying art, “a top surface of the shank” and/or “a bottom surface of the shank” in claims 7, 11 and 17 are interpreted to be the same as “a top surface of the shank” and “a bottom surface of the shank” in claim 1.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
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 (i.e., changing from AIA  to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-11, 13-15 and 19-20 are rejected to the degree of definiteness under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527) in view of Stolz (US 3994145).
Regarding claim 1, Fukuhara teaches a knitting tool (fig. 4) comprising:
a shank (fig. 4, shank 1), which extends essentially in a longitudinal direction in which the knitting tool is moved during knitting,
wherein the shank has, at every point along its length, a cross-sectional surface which extends orthogonally with respect to the longitudinal direction and along lateral and elevational directions (fig. 4, the shank has a cross-sectional surface at every point along its length),
wherein each of the cross-sectional surface has a centroid, through which an imaginary center-of-gravity line runs that interconnects centroids of all the cross-sectional surfaces along the longitudinal direction (fig. 4, every cross-sectional surface of the shank has a centroid),
wherein the shank has at least one functional portion (annotated fig. 4 below, floating section with spaced cutouts 11) in which the imaginary center-of-gravity line has a continuously varying height along a length of the at least one functional portion (fig. 4, as the imaginary center-of-gravity line interconnects centroids of all the cross-sectional surfaces, the imaginary center-of-gravity line has a continuously varying height along a length of the functional portion), and in which a heigh dimension of the cross-sectional surface in the elevational direction is smaller at every point along a length of the at least one functional portion than a height of shank within the at least one functional portion (annotated fig. 4 below), wherein the height of the shank within the at least one functional portion is a distance, in the elevational direction, between a lowest point of the shank in the elevational direction and a highest point of the shank in the elevational direction within the at least one functional portion (annotated fig. 4 below).
Fukuhara does not explicitly state the length of the at least one functional portion is more than 20% of a length of the knitting tool.
However, Fukuhara shows in fig. 4 the floating section with spaced cutouts is about ½ of a length of the knitting tool.
It is obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the at least one functional portion of Fukuhara having a length which is more than 20% of a length of the knitting tool as suggested in fig. 4 for the benefit of reducing the weight of the knitting needle and thereby improving the shock absorbing characteristics of the shank (Fukuhara, column 1, lines 63-66).
The modified structure Fukuhara does not teach 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 heigh minimum of the at least one functional portion.
However, in the same field of endeavor, Stolz teaches 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 heigh minimum of the at least one functional portion (fig. 2, the shank has undulating zone, wherein a top surface and/or a bottom surface has a continuously varying height).
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).
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Regarding claim 2, the modified structure Fukuhara-Stolz teaches at least one butt (Fukuhara, fig. 4, butt 2).
Regarding claim 3, the modified structure Fukuhara-Stolz teaches 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, and the at least two sub-portions are spaced apart from each other in the longitudinal direction (annotated Fukuhara fig. 4 below).
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Regarding claim 6, the modified structure Fukuhara-Stolz teaches the at least one functional portion has at least one local minimum or maximum elevational extreme of the imaginary center-of-gravity line, and wherein at the at least one local minimum or maximum elevational extreme, the gradient of the imaginary center-of-gravity line is zero (as annotated fig. 4 of Fukuhara above, the sub-portions of the functional portion have a change from upward to downward direction or from downward to upward direction, therefore, there is at least one local minimum or maximum elevational extreme of the imaginary center-of-gravity line, and wherein at the at least one local minimum or maximum elevational extreme, the gradient of the imaginary center-of-gravity line is zero).
Regarding claim 7, the modified structure Fukuhara-Stolz teaches wherein a top surface of the shank facing a positive elevational direction has a same height at positions, in the longitudinal direction, of at least two local maxima of the imaginary center-of-gravity line and/or a bottom surface of the shank facing a negative elevational direction has a same height at positions of at least two local minima of the imaginary center-of-gravity line (annotated Fukuhara fig. 4 below).
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Regarding claim 8, the modified structure Fukuhara-Stolz teaches the shank comprises lateral surfaces facing in the lateral direction, and at least one of the lateral surfaces is raised laterally relative to a majority of the at least one functional portion at the position of at least one of the at least two local maxima (Fukuhara, fig. 4, at the local maxima 6, lateral surfaces are raised laterally relative to groove 10 as shown in fig. 3; column 3, lines 61-63, groove 10 comprises a majority of the functional portion at the position of the local maxima as the ratio of the width h of groove 10 to the width i of the needle shank is 0.5).
Regarding claim 9, the modified structure Fukuhara-Stolz teaches at positions of local maxima of the imaginary center-of-gravity line, the shank is spaced apart from a minimum shank height of the at least one functional portion (annotated Fukuhara fig. 4 below), and
at positions of local minima of the imaginary center-of-gravity line, the shank is spaced part from a maximum shank height of the at least one functional portion (annotated Fukuhara fig. 4 below).
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Regarding claim 10, the modified structure Fukuhara-Stolz teaches at least one sub-portion of the at least one functional portion forms, in an x-z plane at least one wavelike recess (Fukuhara, fig. 4, recess 11 is a wavelike recess).
Regarding claim 11, the modified structure Fukuhara-Stolz teaches a top surface of the sank which faces a positive elevational direction of the knitting tool has a gradient course which, in a positive longitudinal direction pointing in an extension direction of the knitting tool, has a local gradient maximum in front of at least one local height maximum of the imaginary center-of-gravity line (annotated Fukuhara fig. 4 below), and/or
a bottom surface of the shank which faces a negative elevational direction of the knitting tool has a gradient course which, in the positive longitudinal direction, has a local gradient minimum in front of at least one local height minimum of the imaginary center-of-gravity line (annotated Fukuhara fig. 4 below).
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Regarding claim 13, the modified structure Fukuhara-Stolz does not teach the top surface of the shank which faces a positive elevational direction of the knitting tool and the bottom surface of the shank which faces a negative elevational direction of the knitting tool are parallel to each other along an entire length of the at least one functional portion.
However, Stolz teaches the top surface of the shank which faces a positive elevational direction of the knitting tool and the bottom surface of the shank which faces a negative elevational direction of the knitting tool are parallel to each other along an entire length of the at least one functional portion (fig. 2, column 2, lines 1-2, the undulating zone has a constant width)
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-Stolz being parallel to each other 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).
Regarding claim 14, the modified structure Fukuhara-Stolz teaches a last maximum in a negative longitudinal direction of the knitting tool of the imaginary center-of-gravity line of the at least one functional portion is a global maximum (annotated Fukuhara fig. 4 below).
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Regarding claim 15, the modified structure Fukuhara-Stolz teaches a knitting device (Fukuhara, column 5, line 17, knitting machine), comprising: at least one needle slot (Fukuhara, column 5, line 39, guide slot) which is configured to receive and, during operation, to guide a knitting tool and at least one knitting tool according to claim 1.
Regarding claim 19, the modified structure Fukuhara-Stolz does not teach the top surface of the shank has a continuously varying height along the length of the at least one functional portion.
However, Stolz teaches the top surface of the shank has a continuously varying height along the length of the at least one functional portion (fig. 2).
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 of the modified structure Fukuhara-Stolz 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).
Regarding claim 20, the modified structure Fukuhara-Stolz does not teach the bottom surface of the shank has a continuously varying height along the length of the at least one functional portion.
However, Stolz teaches the bottom surface of the shank has a continuously varying height along the length of the at least one functional portion (fig. 2).
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 bottom surface of the modified structure Fukuhara-Stolz 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).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527) and Stolz (US 3994145), as applied to claim 3 above, and further in view of Abe (US 2009/0229310).
Regarding claim 4, the modified structure Fukuhara-Stolz does not teach wherein at least one sub-portion of the at least two sub-portions of the at least one functional portion that precedes the at least one butt in the longitudinal direction and at least another sub-portion of the at least two sub-portions of the at least one functional portion that follows the at least one butt in the longitudinal direction.
However, in the same field of endeavor, Abe teaches at least one floating section is established forward of the butt and at least one floating section is established backward of the butt (fig. 4 (a)-(c)).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Stolz with the arrangement of sub-portions as taught by Abe for the benefit of distributing the reduced shank weight evenly along the length of the shank to improve shock absorbing characteristics of the shank of the needle.
Regarding claim 5, the modified structure Fukuhara-Stolz-Abe does not teach at least one sub-portion of the at least two sub-portions of the at least one functional portion adjoins the at least one butt directly or is spaced apart from the at least one butt only by a distance in the longitudinal direction which is less than or equal to 10% of the length of the knitting tool.
However, Abe teaches at least one sub-portion of the at least two sub-portions of the at least one functional portion adjoins the at least one butt directly (annotated fig. 1 below, the annotated first sub-portion and second sub-portion adjoin the butt 15).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Stolz-Abe with the arrangement of sub-portions adjoining the at least one butt directly as taught by Abe for the benefit of distributing the reduced shank weight evenly along the length of the shank to improve shock absorbing characteristics of the shank of the needle.
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Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527) and Stolz (US 3994145), as applied to claim 11 above, and further in view of Kopal (US 3875767).
Regarding claim 12, the modified structure Fukuhara-Stolz does not teach an absolute value of the local gradient maximum of the top surface and/or an absolute value of the local gradient minimum of the bottom surface is between 0.57 and 2.75.
However, in the same field of endeavor, Kopal teaches an absolute value of the local gradient maximum of the top surface and/or an absolute value of the local gradient minimum of the bottom surface is between 0.57 and 2.75 (fig. 5, column 4, lines 7-10, the angle alpha formed by slanted portion 25 and by the back edge 26 is 50 degree or the absolute value of the gradient is tan (50 degree), which is equal 1.19).
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 local gradient maximum of the top surface and/or a local gradient minimum of the bottom surface of the modified structure Fukuhara-Stolz with the absolute value as suggested by Kopal so that the shank obtains a certain resiliency, which is capable of reducing the acceleration upon impact of the butt on a cam track face (Kopal, column 4, lines 10-12).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527) and Stolz (US 3994145), as applied to claim 15 above, and further in view of Su (US 7117692).
Regarding claim 16, the modified structure Fukuhara-Stolz does not clearly teach a length of the at least one needle slot in the longitudinal direction of the knitting tool, a reach of the at least one functional portion in the longitudinal direction of the knitting tool, a magnitude of a stroke of a knitting movement of the knitting tool during knitting are mutually coordinated such that at least 80% of the reach of the at least one functional portion of the knitting tool, in the longitudinal direction remains within the at least one needle slot during knitting.
However, in the same field of endeavor, Su teaches a length of the at least one needle slot in the longitudinal direction of the knitting tool, a reach of the at least one functional portion in the longitudinal direction of the knitting tool (fig. 3A shows the needle 10 reaching for yarn 30, the needle 10 is in the needle slot of the guide plate 50), a magnitude of a stroke (annotated fig. 3A below) of a knitting movement of the knitting tool during knitting are mutually coordinated such that at least 80% of the reach of the at least one functional portion of the knitting tool, in the longitudinal direction remains within the at least one needle slot during knitting (annotated fig. 3A below, 100% of the annotated functional portion remains within the needle slot of the guide plate 50).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Stolz with the teaching of Su that at least 80% of the reach of the at least one functional portion of the knitting tool, in the longitudinal direction remains within the at least one needle slot during knitting for the benefit of providing protection of the needle shank and keeping the functional portion out of the way of yarn knitting area.
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Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527), Stolz (US 3994145) and Su (US 7117692) as applied to claim 16 above, and further in view of Haug (US 2012/0006064).
Regarding claim 17, the modified structure Fukuhara-Stolz-Su does not teach an upper edge of the at least one needle slot is spaced in the elevational direction by a maximum of 0.5 mm from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool.
However, in the same field of endeavor, Haug teaches an upper edge of the at least one needle slot is spaced in the elevational direction by a maximum of 0.5 mm from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool (fig. 3, para. [0014], the shank cross-section matches the channel cross-section; and figs. 2 and 3 show the top edge of the shank is in line with the top edge of the channel).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Stolz-Su with the arrangement of the shank in the guide channel as taught by Haug for the benefit of saving weight regarding the knitting device, which results in a reduction of the mass moment of inertia of the knitting cylinder (Haug, para. [0014]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuhara (US 4625527), Stolz (US 3994145), Su (US 7117692) and Haug (US 2012/0006064), as applied to claim 17 above, and further in view of Izumi (US 5327748).
Regarding claim 18, the modified structure Fukuhara-Stolz-Su-Haug teaches the knitting tool comprises a butt (Fukuhara, fig. 4, butt 2), which is raised in a positive elevational direction relative to the at least one functional portion.
The modified structure Fukuhara-Stolz-Su-Haug does not teach the butt engages in a cam curve recess of the knitting device, and a highest point, in the positive elevational direction, of the top surface of the shank is spaced apart from the cam curve recess in the longitudinal direction.
However, in the same field of endeavor, Izumi teaches the butt (fig. 1, butt 1) engages in a cam curve recess (fig. 1, guide track 3) of the knitting device, and a highest point, in the positive elevational direction, of the top surface of the shank is spaced apart from the cam curve recess in the longitudinal direction (annotated fig. 1 below).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Fukuhara-Stolz-Su-Haug with the teaching of Izumi that the butt engages in a cam curve recess of the knitting device, and a highest point, in the positive elevational direction, of the top surface of the shank is spaced apart from the cam curve recess in the longitudinal direction for the benefit of providing undulating path which the needle butt must follow as the butt is moved relative to the cam in a direction transverse to the longitudinal axis of the needle. Thus, the undulating sides of the cam track engage the needle butt and cause the knitting needle to move in a reciprocating fashion (Izumi, column 1, lines 24-30).
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Response to Arguments
Applicant’s arguments, dated 10/29/2024, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 10/29/2024, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented. Thus, the amended limitations have been addressed as analyzed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.

CITED REFERENCE SUMMARIES: Ref US4625527A: Claims:
In a knitting needle comprising an elongate shank including opposite sides, outer and inner edge portions of the same cross-sectional thickness and extending along corresponding front and back edges of said elongate shank, a hook on one end of said shank, and butt means integral with and extending outwardly from said front edge, the combination therewith of a central section extending longitudinally of said shank and between said outer and inner edge portions, said central section being of a predetermined cross-sectional thickness which is less than the cross-sectional thickness of said outer and inner edge portions and defining at least one elongate groove extending longitudinally along at least one of said opposite sides of said elongate shank and said elongate groove extending substantially parallel with and spaced from said back edge of said elongate shank, said groove providing improved shock absorbing characteristics to the needle to reduce the transmission of shock from said needle butt means to said hook, said groove also providing a passageway extending longitudinally along said needle shank to provide for improved retention and distribution of lubricant along said needle shank.
a central section extending longitudinally of said shank and between said outer and inner edge portions,
said central section being of a predetermined cross-sectional thickness which is less than the cross-sectional thickness of said outer and inner edge portions and defining at least one elongate groove extending longitudinally along at least one of said opposite sides of said elongate shank and
said elongate groove extending substantially parallel with and spaced from said back edge of said elongate shank,
said groove providing improved shock absorbing characteristics to the needle to reduce the transmission of shock from said needle butt means to said hook, said groove also providing a passageway extending longitudinally along said needle shank to provide for improved retention and distribution of lubricant along said needle shank.
A knitting needle according to claim 1 wherein an elongate groove is provided along each of said opposite sides of said elongate shank.
A knitting needle according to claim 1 including cutouts spaced along at least said front or back edges of said elongate shank.
A knitting needle according to claim 3 wherein said cutouts are provided along both said front and back edges of said elongate shank and alternately extend inwardly therefrom and into said elongate groove.
A knitting needle according to claim 1 wherein the ratio of the cross-sectional width of said central section to said cross-sectional width between said front and back edges of said shank is 0.5 to 0.3.
A knitting needle according to claim 1 wherein the ratio of the cross-sectional thickness of said central section to the cross-sectional thickness of said outer and inner edge portions of said shank is 0.8 to 0.6.
A knitting needle according to claim 1 wherein the ratio of the cross-sectional width of said central section to said cross-sectional width between said front and back edges of said shank is 0.5 to 0.3, and wherein the ratio of the cross-sectional thickness of said central section to the cross-sectional thickness of said outer and inner edge portions of said shank is 0.8 to 0.6.
Ref US20090229310: Claims:
1. A tool for a circular knitting machine having a stem (17) and at least one butt (15, 15A-15L), characterized in that
some portions of the stem (17) are floated from the bottom face (20) of a thin groove (19) into which the tool is inserted and at the same time sunk from the upper end face (21) of the thin groove, forming floating sections (22, 22A-22L) that extend approximately parallel to the thin groove (19) in such a way that the floating sections are floated from the bottom face of the thin groove for a length (“floating length (L1)”) that is 10-40% of the distance (“L”) from the bottom face to the upper end face of the thin groove, and sunk from the upper end face of the thin groove for a length (“sinking length (L2)”) that is 10-40% of L.
2. A tool for a circular knitting machine according to claim 1 wherein the floating length (L1) of the floating sections (22, 22A-22L) is 20-30% of L, and the sinking length (L2) of the floating sections is 20-30% of L.
3. A tool for a circular knitting machine according to claim 1 wherein the longitudinal length (L4) of the floating sections (22, 22A-22L) is 10-60% of the overall length of the tool.
4. A tool (10J, 10K) for a circular knitting machine according to claim 1 wherein the floating sections (22J, 22K) are provided with cutouts (26).
5. A tool for a circular knitting machine according to claim 1 wherein a support (25) that reaches the upper end and lower end of the thin groove (19) is established between one floating section and another floating section.
6. A tool for a circular knitting machine (10F-10I) according to claim 1 wherein the floating sections (22F-22I) that extend approximately horizontally have different heights.
7. A tool for a circular knitting machine according to claim 1 wherein said tool for a circular knitting machine is a latch needle (10, 10A-10K) for a knitting machine having a hook (11) and a latch (12).
8. A tool for a circular knitting machine according to claim 7 wherein the latch needle (10, 10-10K) is a meandering needle having a bridge (18).
9. A tool for a circular knitting machine according to any of claim 1 wherein the tool for a circular knitting machine (10L) is a sinker.
10. A tool for a circular knitting machine according to any of claim 1 wherein the tool for a circular knitting machine is made by stamping a sheet material.
Ref US20120006064: Claims:
1. Knitting device (10), in particular circular knitting device (11), with a needle bed (12) comprising a base body (20) with guide channels (13, 14, 15) provided on an exterior circumferential surface (22), wherein each guide channel (14) is delimited by two flat sides (50, 51) of two channel walls (18, 19) and a channel floor (23), wherein the channel walls (18, 19) are seamlessly connected with the base body (20) and made without joints of the same material,
wherein the guide channel (14) has a channel cross-section with a channel width (24), said width to be measured from a flat side (50) of a channel wall (18) to a flat side (51) of a channel wall (19), and with a channel depth (26), said depth to be measured parallel to the channel walls (18, 19) away from the floor (23) and extending up to the exterior circumferential surface (22), and wherein the channel depth (26) is at least three quarters and at most 5 times the size of the channel width (24), with a knitting tool (16) having a shank (28), said shank being arranged in the guide channel (14) so as to be shiftable in a longitudinal direction and being provided with a foot (35), said foot extending from the guide channel (14).
2. Knitting device as in claim 1, characterized in that the shank (28) has a shank cross-section that matches the channel cross-section excluding a tolerance.
3. Knitting device as in claim 1, characterized in that the shank cross-section is constant over the entire length remaining in the guide channel (14) in the driven-out state of the knitting tool (16).
4. Knitting device as in claim 1, characterized in that, adjoining the foot (35), at least one recess (36) is provided on the needle upper side (42).
5. Knitting device as in claim 4, characterized in that the recess (36) has a length to be measured in longitudinal direction (38) of the knitting tool (16), said length being at least as great as the depth to be measured perpendicularly with respect thereto and being at most as great as 20 times the depth.
6. Knitting device as in claim 5, characterized in that additional recesses (37, 45, 46, 47, 52) of the same kind are provided at a distance from the recess (36) on the needle upper side (42) of the knitting tool (16).
7. Knitting device as in claim 1, characterized in that the channel wall (18, 19) has a thickness (25) that is at least as great as the channel width (24) and that is at most as great as 1.5 times, preferably 1.2 times, the channel width (24).
8. Knitting device as in claim 1, characterized in that the guide channel (14) is provided with a coating on the flat sides (50, 51) of its channel walls (18, 19) and on its floor (23).
9. Knitting device as in claim 1, characterized in that the channel depth (26) is less than three times the channel width (24), and/or that the channel depth (26) is greater than twice the channel width (24).
10. Knitting device as in claim 1, characterized in that the channel depth (26) is 2.62 times greater than the channel width (24).
11. Knitting device as in claim 1, characterized in that the floor (23) of the guide channel (13, 14, 15) has at least one recess (53), and/or that the flat side (50, 51) of the guide channel (13, 14, 15) has at least one recess (53), and/or that the back (56) of the knitting tool (16) has at least one recess (53).
12. Knitting device as in claim 1, characterized in that the flat side (62) of the knitting tool (16) has at least one recess (63).
13. Knitting device as in claim 11, characterized in that the recess (53) has a bottom (58) that follows a concave curvature or that has a flat form.
14. Knitting device as in claim 11, characterized in that the bottom (58) of the recess (53) is arranged offset with respect to the bottom (23) of the flat side (50, 51) of the guide channel (13, 14, 15).
15. Knitting device as in claim 11, characterized in that the bottom (58) of the recess (53) is arranged offset with respect to the back (56) or a flat side (62).
Ref US3875767: Claims:
1. Oscillation suppressing knitting needle having a shank with a front edge and a back edge, a hook at one end and a butt at the other end and projecting from said front edge, said shank having a predetermined height between the front and back edges at least in the region of said butt and including a first substantially triangular cutout extending from said front edge into said shank adjacent said butt, and a second substantially triangular cut-out extending into said shank from the said back edge at a location longitudinally adjacent to said first cut-out and spaced from said first cutout in direction toward said hook, said cut-outs forming between themselves a slanted resilient shank portion having a width considerably smaller than said predetermined height and having substantially parallel edges slanted to said front and back edges so that oscillations due to the impact of said butt on cams are suppressed.
2. A knitting needle as claimed in claim 1 wherein the width of said slanted shank portion is at most one third of said predetermined height.
3. A knitting needle as claimed in claim 1 wherein said slanted shank portion defines with said back edge an angle of at least 50.degree. and at most 130.degree..
4. A knitting needle as claimed in claim 1 wherein the depth of each cutout is greater than half the height between said front and rear edges so that said triangular cutouts overlap in a direction transverse to the longitudinal direction of said shank.
5. Oscillation suppressing knitting needle having a shank with a front edge and back edge, a hook at one end, and a butt at the other end, said shank having a predetermined height between said front and back edges at least in the region of said butt, and including a first shank portion slanted to the front and back edges, a second shank portion parallel to said first shank portion, and a third shank portion connecting the parallel slanted shank portions and being slanted to said front and back edges oppositely to said parallel slanted shank portions, all of said slanted shank portions having the same width which is less than said predetermined height.
6. Oscillation suppressing knitting needle having a shank with a front edge and a back edge, a hook at one end and a butt on the other end, said shank having a predetermined height between said front and back edges at least in the region of said butt, and including a shank portion slanted to said front and back edges and having a width less than said predetermined height, and a cutout in said front edge of said shank adjacent said slanting shank portion and forming a second oppositely slanted shank portion having a width less than the predetermined height, said cutout also forming a straight shank portion extending along said back edge and having a height less than said predetermined height.
7. A knitting needle having a shank with a front and back edge, a hook at one end, and a butt at the other end, said shank having a predetermined height between said front and back edges at least in the region of said butt, and having cutouts in said front and back edges whose depth is greater than half of said height between said front and back edges so that said cutouts overlap in a direction transverse to said edges, said cutouts forming between each other a first narrow shank portion slanted to the front and back edges at an angle within the range of 50.degree. to 130.degree. and having a width of about one-third of said height, a second narrow shank portion substantially parallel to the first shank portion, and a third narrow shank portion connecting said first and second shank portions and being slanted to said front and back edges oppositely said parallel shank portions.
8. Oscillation suppressing knitting needle having a shank with a front edge and a back edge, a hook at one end, and a butt at the other end, said shank having a predetermined height between said front and back edges at least in the region of said butt and including two substantially triangular cutouts respectively extending from said front and back edges into said shank, said cutouts being spaced in the longitudinal direction of said shank so as to form between said cutouts a first slanted shank portion having substantially parallel edges slanted to said front and back edges, said first slanted shank portion having a width considerably smaller than said predetermined height, a second slanted shank portion parallel to said first slanted shank portion, and a third shank portion connecting said parallel slanted shank portions and being slanted to the front and back edges opposite to said parallel slanted shank portions so that oscillations due to the impact of said butt on cams are suppressed.
Ref US7117692: Claims:
1. A yarn guide of a knitting machine, installed to said knitting machine for assisting said knitting machine to knit a fabric having a pile loop, said yarn guide manipulates a base yarn for forming a base fabric of said fabric and a wool yarn for forming a pile loop, the yarn guide comprising;
a plurality of knitting needles disposed at a needle disc of said knitting machine, and each of said knitting needles include a yarn hooking section and a needle latch, said needle disc being shifted to respectively move said wool yarn and said base yarn into said yarn hook section and a first yarn hooking position of said needle latch, and said needle disc continues shifting to move said base yarn into a second yarn hooking position of said yarn hooking section; and
a yarn guide plate disposed on a side of said knitting needle for pressing said first yarn hooking position to said base yarn, and said second yarn hooking position forms a counter warp knitting status with said wool yarn disposed above said base yarn.
2. The yarn guide of a knitting machine of claim 1, wherein the yarn guide plate includes an inclined surface for pressing said base yarn.
3. The yarn guide of a knitting machine of claim 1, further comprising a plurality of entry knitting needles disposed at a needle barrel of said knitting machine, said plurality of entry knitting needles and said plurality of knitting needles alternating for sheathing said wool yarn to produce said pile loop.
4. The yarn guide of a knitting machine of claim 3, wherein the wool yarn at a bottom of said pile loop knits said base yarn into the base fabric by counter wrap knitting.
5. The yarn guide of a knitting machine of claim 2, wherein said plurality of knitting needles and the yarn guide plate are reciprocable in a horizontal direction, the inclined surface of the yarn guide plate presses the base yarn downwardly toward the knitting needles and further moves the base yarn horizontally toward the hooking section of the knitting needles.
6. The yarn guide of a knitting machine of claim 5, further comprising a plurality of vertically disposed entry knitting needles, the entry knitting needles being disposed outwardly of the yarn guide plate and the plurality of knitting needles being movable past the plurality of entry knitting needles.
Ref US5327748: Claims:
1. A cam and needle system for a circular knitting machine, comprising:a cam segment having upper and lower sidewalls that define an undulated recessed needle guiding track having a maximum angle of inclination; a needle having a longitudinal shaft and a needle butt extending transverse to said shaft, said butt being slidably received within said needle guiding track; said needle shaft and said butt having substantially the same width; said butt having two side faces substantially parallel to said shaft, two medial faces between said faces and which extend generally transverse to said shaft, and two angled faces extending between said medial face and said side faces; said angled faces being positioned in close proximity to said sidewalls of said recessed needle guiding track, such that relative motion between said butt and said track causes said angled faces to contact said sidewalls of said track to urge said needle shaft into reciprocating motion; and said angled faces being inclined at approximately said maximum inclination angle of said needle guiding track so that variations in the width of said butt do not substantially alter the proximity between said angled faces and said track sidewalls, whereby needle breakage and wear are minimized and further whereby said angled faces slide smoothly along said track sidewalls.
2. A cam and needle system as defined in claim 1 wherein said angled faces are inclined at between about 40 and 60 degrees.
3. A cam and needle system as defined in claim 2 wherein said angled faces are inclined at about 55 degrees.
4. A cam and needle system as defined in claim 1 wherein said medial faces are arcuate and wherein said angled faces are tangent to said arcuate medial faces.
5. A cam and needle system as defined in claim 1 wherein said medial faces are flat and substantially perpendicular to said longitudinal needle shaft.
6. A cam and needle system for a circular knitting machine, comprising:a cam segment having upper and lower sidewalls that define an undulating recessed needle guiding track having a maximum angle of inclination; a needle having a longitudinal shaft and a needle butt extending transverse to said shaft, said butt being slidably received within said needle guiding track; said needle shaft and said butt having substantially the same width, said width being between about 0.42 mm and 0.74 mm; said butt having two side faces substantially parallel to said shaft, two medial faces between said side faces and which extend generally transverse to said shaft, and two angled faces extending between each said medial face and said side faces; said angled faces being positioned in close proximity to said sidewalls of said recessed needle guiding track, such that relative motion between said butt and said track causes said angled faces to contact said sidewalls of said track to urge said needle shaft into reciprocating motion; and said angled faces being inclined at approximately said maximum inclination angle of said needle guiding track so that variations in the width of said butt over said range of widths do not substantially alter the proximity 
[Truncated to input limit]