Office Action 1: Non-Final Rejection (2024-01-11)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness

CLAIMS:
AMENDMENTS TO THE CLAIMS

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

Listing of Claims:

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US

1\. (Currently Amended) A \[\[K\]\]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 \[\[its\]\] 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 \[\[the\]\] 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 \[\[the\]\] a height dimension of the cross-sectional surface (8) in the elevational (x) direction is \[\[less\]\] smaller at every point along \[\[the\]\] a length of the at least one functional portion (5) than \[\[the\]\] 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 \[\[the\]\] a distance, in the elevational direction (x), between \[\[the\]\] a lowest point of the shank (2) in the elevational direction (x) and \[\[the\]\] a highest point of the shank (2) in theelevational direction (x) within \[\[its\]\] 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 \[\[the\]\] a length of the knitting tool (1), wherein theat least one functional portion (5) has subsections (7)\[\[,\]\] in which \[\[the\]\] an absolute value of \[\[the\]\] a gradient of the imaginary center-of-gravity line (4) is between 0 and oo.

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US
2\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 further comprising at least one butt (18).

3\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
wherein theat least one functional portion (5) comprises at least two sub- portions (33), each of which has subsections (7) 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\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to claim3 wherein at least one sub-portion (33) ofthe at least two sub- portions (33) of theat least one functional portion (5) that precedes the at least one butt (18) as in the longitudinal direction (z) and at least \[\[one\]\] 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\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]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 \[\[are\]\] is spaced apart from the at least one butt (18) only by a distance\[\[,\]\]

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US in the tool's longitudinal direction (z)\[\[,\]\] which is less than or equal to 10% of the length of the entire knitting tool.

6\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 wherein theat 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 at 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 \[\[K\]\]knitting tool (1) according to claim 6 wherein \[\[the\]\] a top surface (10) of the shank (2) facing \[\[the\]\] a positive elevational direction (x) as \[\[the\]\] a same height at \[\[the\]\] positions, in the ' longitudinal direction (z), of at least two local maxima (14) of the imaginary center-of-gravity line (4) and/or \[\[the\]\] a bottom surface of the shank (2) facing \[\[the\]\] a negative elevational direction (x) as \[\[the\]\] a same height at \[\[the\]\] positions of at least two local minima (15) of the imaginary center-of-gravity line (4).

8\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to , The \[\[K\]\]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).

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US

9\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
wherein at \[\[the\]\] positions of local maxima (14) of the imaginary center-of-gravity line (4), the shank (2) is spaced apart from \[\[the\]\] a minimum shank height (11) of the at least one functional portion (5),\_and at \[\[the\]\] positions of local minima (15) of the imaginary center-of-gravity line (4), the shank (2) is spaced apart from \[\[the\]\] a maximum shank height (12) of the at least one functional portion (5).

10\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 wherein at least one sub-portion (33) of the at least one functional portion (5) forms , in an \[\[the\]\] x-z plane, at least one triangular recess (19) and/or at least one wavelike recess (20), .

11\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 wherein a top \[\[the\]\] surface (10)of the shank (2) which faces \[\[the\]\] a positive elevational direction (x) of the knitting tool (1) has a gradient course which, in a positive longitudinal direction (z) pointing in anextension 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 \[\[the\]\] a bottom surface of the shank (2) which faces \[\[the\]\] a negative elevational direction (x) of the knitting tool (1) has a gradient course which, in the positive longitudinal direction (z) , has a local

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US gradient minimum (41) in front of at least one local height minimum (15) of the imaginary center-of-gravity centre-of-gravity line (4).

12\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 wherein anabsolute 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\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 wherein \[\[the\]\] a top surface of the shank (2) which faces \[\[the\]\] a positive elevational direction (x) of the knitting tool (1) and \[\[the\]\] a bottom surface of the shank (2) which faces \[\[the\]\] 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\. (Currently Amended) The \[\[K\]\]knitting tool (1) according to The \[\[K\]\]knitting tool (1) according to
 wherein \[\[the\]\] 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\. (Currently Amended) A \[\[K\]\]knitting device (27), comprising:SVG {EMBED HERE} 0.1430.103

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US 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 toat least one knitting tool (1) according to

16\. (Currently Amended) The \[\[K\]\]knitting device (27) according to The \[\[K\]\]knitting device (27) according to wherein \[\[the\]\] a length of the at least one needle slot (28) in the longitudinal direction (z) of the knitting tool (1), \[\[the\]\] a reach of the at least one functional portion (5) in the longitudinal direction (z) of the knitting tool (1), \[\[the\]\] a magnitude of \[\[the\]\] a stroke (34) of \[\[the\]\] 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 \[\[its\]\] the longitudinal direction (z), remains within the at least one needle slot (28) during knitting.

17\. (Currently Amended) The \[\[K\]\]knitting device (27) according to claim 162 wherein \[\[the\]\] 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 \[\[the\]\] a highest point (39) of a \[\[the\]\] topsurface of the shank (2) facing \[\[the\]\] a positive elevational direction (x) of the knitting tool (1) .

18\. (Currently Amended) The \[\[K\]\]knitting device (27) according to claim 17, wherein:
the knitting tool (1) \[\[has\]\] comprises a butt (18)\[\[,\]\] which is raised in \[\[the\]\] 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

PRELIMINARY AMENDMENT dated June 16, 2023 Attorney Docket 20137-156928-US \[\[the\]\] 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/16/2023 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.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 9-11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (US 2009/0229310).
Regarding claim 1, Abe teaches a knitting tool (fig. 1, needle 10) comprising:
a shank (fig. 1, shank 17), 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-section surface which extends orthogonally with respect to the longitudinal direction and along lateral and elevational directions (fig. 2 shows a set of cross section views of the needle 10 along lines 2a, 2b and 2c of fig. 1),
wherein each of the cross-sectional surfaces 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 (as the cross sections are rectangles, the imaginary center-of-gravity line is the middle line between the top surface and the bottom surface along the longitudinal direction of the needle),
wherein the shank has at least one functional portion (fig. 1, functional portion including float sections 22 and bridge 18) in which the imaginary center-of-gravity line has a varying height (fig. 1), and in which a height 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 the shank within the at least one functional portion, 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. 1 below), and
wherein the at least one functional portion has a length which is more than 20% of a length of the knitting tool (para. [0039], because the floating sections have longitudinal length L4 is between 10-60%, then the floating sections and bridge sections have a length which is more than 20% of the needle 10),
wherein the at least one functional portion has subsections (annotated fig. 1 below) in which an absolute value of a gradient of the imaginary center-of-gravity line is between 0 and ∞ (because the annotated subsections has an inclination between 0 and 90 degree with respect to the longitudinal direction, therefore, the slope of the subsections is between 0 and ∞).
PNG
media_image1.png
416
841
media_image1.png
Greyscale
Regarding claim 2, Abe teaches at least one butt (fig. 1, butt 15).
Regarding claim 3, Abe teaches the at least one functional portion comprises at least two sub-portions (annotated fig. 1 below), each of which has subsections in which the absolute value of the gradient of the imaginary center-of-gravity line is between 0 and ∞ (because the annotated subsections has an inclination between 0 and 90 degree with respect to the longitudinal direction, therefore, the slope of the subsections is between 0 and ∞), and
the at least two sub-portions are spaced apart from each other in the longitudinal direction (annotated fig. 1 below).
PNG
media_image2.png
416
859
media_image2.png
Greyscale
Regarding claim 4, Abe teaches 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 (annotated fig. 1 above, the annotated first sub-portion is in front of the butt 15 and the annotated second sub-portion follows the butt 15).
Regarding claim 5, 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 above, the annotated first sub-portion and second sub-portion adjoin the butt 15).
Regarding claim 6, Abe 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 (annotated fig. 1 below).
PNG
media_image3.png
465
846
media_image3.png
Greyscale
Regarding claim 7, Abe teaches 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. 1 below).
PNG
media_image4.png
402
711
media_image4.png
Greyscale
Regarding claim 9, Abe 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. 1 below), and
at positions of local minima of the imaginary center-of-gravity line, the shank is spaced apart from a maximum shank height of the at least one functional portion (annotated fig. 1 below).
PNG
media_image5.png
388
880
media_image5.png
Greyscale
PNG
media_image6.png
408
901
media_image6.png
Greyscale
Regarding claim 10, Abe teaches at least one sub-portion of the at least one functional portion forms, in an x-z plane, at least one wavelike recess (annotated fig. 1 above, the annotated sub-portion comprises float section 22 and bridge section 22; the annotated sub-portion forms a wavelike recess).
Regarding claim 11, Abe teaches a top surface of the shank 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. 1 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 local height minimum of the imaginary center-of-gravity line (annotated fig. 1 below).
PNG
media_image7.png
401
949
media_image7.png
Greyscale
PNG
media_image8.png
412
694
media_image8.png
Greyscale
Regarding claim 13, Abe 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. 1 above, the annotated subsections have a top surface substantially parallel to a bottom surface).
Regarding claim 14, Abe 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. 1 below).
PNG
media_image9.png
407
843
media_image9.png
Greyscale
Regarding claim 15, Abe teaches a knitting device (fig. 2 shows tool for circular knitting) comprising at least one needle slot (fig. 2, groove 19), which is configured to receive and, during operation, to guide a knitting tool (fig. 2, para. [0003], needle 10 is inserted into groove 19) and at least one knitting tool according claim 1.
Claim Rejections - 35 USC § 103
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310), as applied to claim 7 above, and further in view of Fukuhara (US 4625527).
Regarding claim 8, Abe teaches the shank comprises lateral surfaces facing the lateral direction (fig. 2).
Abe does not teach at least one of the lateral surfaces is raised laterally relative to a majority of the least one functional portion at the position of at least one of the at least two local maxima.
However, in the same field of endeavor, Fukuhara teaches at least one of the lateral surfaces is raised laterally relative to a majority of the 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).
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 lateral surfaces of Abe raised laterally relative to a majority of the least one functional portion at the position of at least one of the at least two local maxima as taught by Fukuhara for the benefit of reducing the weight of a knitting needle and thereby improving the shock absorbing of the shank of the needle (Fukuhara, column 1, lines 64-66).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310), as applied to claim 11 above, and further in view of Kopal (US 3875767).
Regarding claim 12, Abe 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 Abe 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 Abe (US 2009/0229310), as applied to claim 15 above, and further in view of Su (US 7117692).
Regarding claim 16, Abe 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 Abe 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.
PNG
media_image10.png
480
666
media_image10.png
Greyscale
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310) 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 Abe-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, Abe teaches in fig. 2, the sinking length L2 of the floating section is 10% of the distance L from the bottom face to the upper face of the groove 19 (para. [0038]); and the floating sections 22 extend at a middle height that is lower than the bridge 18 (the highest point of a top surface of the shank)(para. [0037]). Then Abe teaches an upper edge of the needle slot is spaced in elevational direction less than 10% of the needle slot depth from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool.
In the same field of endeavor, Haug teaches needle slot depth is 3.7mm (para. [0004]).
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 Abe-Su with the needle slot depth as taught by Haug because the knitting cylinder with guide channels and latch-type needles are known in the art (Haug, para. [0002], [0003], [0004]).
Then the modified structure Abe-Su-Haug teaches an upper edge of the at least one needle slot is spaced in the elevational direction by less than 0.37 mm (which is less than 0.5 mm) from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310), 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 Abe-Su-Haug teaches the knitting tool comprises a butt (Abe, fig. 1, butt 15), which is raised in a positive elevational direction relative to the at least one functional portion.
The modified structure Abe-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 Abe-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).
PNG
media_image11.png
403
521
media_image11.png
Greyscale
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 and 10 have been amended. No new matter is added.
Rejections under 35 U.S.C. § 102 and 103
The Action rejected claims 1-7, 9-11, and 13-15 under 35 U.S.C. § 102(a)(1) as allegedly anticipated by U.S. Patent Publication No. 2009/0229310 to Abe.
The Action rejected claim 8 under 35 U.S.C. § 103 as allegedly unpatentable over Abe, as applied to claim 7 further in view of U.S. Patent No. 4,625,527 to Fukuhara.
The Action rejected claim 12 under 35 U.S.C. § 103 as allegedly unpatentable over Abe, as applied to claim 11, 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 Abe, as applied to claim 15, 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 Abe and Su, as applied to claim 16, 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 Abe, Su, and Haug as applied to claim 17, further in view of U.S. Patent No. 5,327,748 to Izumi.
Applicant respectfully traverses the rejections.
Claim 1 as amended recites:
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) has subsections (7) in which an absolute value of a gradient of the imaginary center-of-gravity line (4) is between 0 and oo;
wherein the subsections have no portion that has a gradient of 0.
Abe fails to disclose each limitation of claim 1, including at least a knitting tool having a functional portion having a length which is more than 20% of a length of the knitting tool, wherein the functional portion has subsections in which an absolute value of a gradient of the imaginary center-of-gravity line (4) is between 0 and oo and wherein the subsections have no portion that has a gradient of 0.
The Action identifies the functional portion of the knitting tool of FIG. 1 as including float sections 22 and bridges 18 as shown in annotated FIG. 1 below:
FiG. 1
However, the float sections 22 and the bridges 18 are primarily horizontally extending portions, i.e., have a gradient of 0. Thus, the horizontal portions of the float sections and bridges 18 do not read on subsections of the functional portion. When those portions of the knitting tool are excluded, the alleged functional portion of Abe has a length of much less than 20% of the knitting tool length.
Accordingly, Abe fails to disclose or suggest at least a functional portion as recited by claim 1. Claims 2-18 are allowable for at least the same reasons.
Claim 10
Claim 10 further recites "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)." Abe fails to disclose at least one triangular and/or at least one wavelike recess. The Action states with regard to claim 10 that "Abe teaches at least one sub-portion of the at least one functional portion forms, in an x-z-plane, at least one wavelike recess." The Action also cites the embodiment of FIG. 1 in support of the rejection. While Abe teaches float sections 22 and bridge sections 18 on either side of butt 15 that are interconnected and form a recess, the float section 22 transitions to the bridge section 18 at a substantially vertical discontinuity, which prevent the recess formed by the float section 22 and bridge section 18 thereby from being
wavelike or arcuate. (See FIG. 5 and [0058] of published application.) Accordingly, claim 10 is allowable over Abe for this additional reason.
Claim 16
Claim 16 depends from claim 15 and further specifies:
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.
Neither Abe nor Su discloses or suggests each limitation of claim 16. The Action admits that Abe fails to disclose the limitations of claim 16 but argues that Su remedies the deficiencies of Abe. Even if it were appropriate to combine the teachings of Su with Abe as alleged, which Applicant disputes, Su fails to disclose that 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 (z), remains within the at least one needle slot during knitting.
The Action cites Fig. 3A of Su and argues that the functional portion remains within the needle slot in this Fig. 3A. As can be seen in Fig. 2 of Su, however, when the knitting needle has reached the maximum magnitude of a stroke (see annotated Fig. 2 below, first needle from the right side), the yarn hooking section of the knitting needle has no contact to the yarn. In Fig. 3A reproduced and annotated below, the yarn is in contact with the top of the hook. This position appears to correspond to the position of the third needle from the right side in Fig. 2. Thus, Fig. 3A clearly does not show the state of the knitting device in which the knitting needle has reached the maximum magnitude of a stroke.
rn
yarn
Accordingly, Su fails to show that at least 80% of the reach of the functional portion of the knitting tool remains within the needle slot during knitting. Accordingly, claim 16 is 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 04/11/2024 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.
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 subsections have no portion that has a gradient of 0”. It is unclear how the subsections can have no portion that has a gradient of 0 because the subsections are not a line/lines. For the purpose of applying art, the limitation is interpreted that the subsections have no portion in which a gradient of the imaginary center-of-gravity line is 0.
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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 9-11 and 13-15 are rejected to the degree of definiteness under 35 U.S.C. 102(a)(1) as being anticipated by Abe (US 2009/0229310).
Regarding claim 1, Abe teaches a knitting tool (fig. 1, needle 10) comprising:
a shank (fig. 1, shank 17), 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. 2 shows a set of cross section views of the needle 10 along lines 2a, 2b and 2c of fig. 1),
wherein each of the cross-sectional surfaces 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 (as the cross sections are rectangles, the imaginary center-of-gravity line is the middle line between the top surface and the bottom surface along the longitudinal direction of the needle),
wherein the shank has at least one functional portion (figs. 1, functional portion including float sections 22 and bridge 18) in which the imaginary center-of-gravity line has a varying height (fig. 1), and in which a height dimension of the cross-sectional surface in the elevational direction is smaller at every point a length of the at least one functional portion than a height of the shank within the at least one functional portion, 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 with the at least one functional portion (annotated fig. 1 below), and
wherein the at least one functional portion has a length which is more than 20% of a length of the knitting tool (para. [0039], because the floating sections have longitudinal length L4 is between 10-60%, then the floating sections and bridge sections have a length which is more than 20% of the needle 10),
wherein the at least one functional portion has subsections (annotated fig. 1 below) in which an absolute value of a gradient of the imaginary center-of-gravity line is between 0 and ∞ (because the annotated subsections has an inclination between 0 and 90 degree with respect to the longitudinal direction, therefore, the slope of the subsections is between 0 and ∞);
wherein the subsections have no portion that has a gradient of 0 (annotated fig. 1 below, because the annotated subsections are angled subsections with respect to the horizontal line, the subsections have no portion that has a gradient of 0).
PNG
media_image1.png
392
814
media_image1.png
Greyscale
Regarding claim 2, Abe teaches at least one butt (fig. 1, butt 15).
Regarding claim 3, Abe teaches the at least one functional portion comprises at least two sub-portions (annotated fig. 1 below), each of which has subsections in which the absolute value of the gradient of the imaginary center-of-gravity line is between 0 and ∞ (because the annotated subsections has an inclination between 0 and 90 degree with respect to the longitudinal direction, therefore, the slope of the subsections is between 0 and ∞), and
the at least two sub-portions are spaced apart from each other in the longitudinal direction (annotated fig. 1 below).
PNG
media_image2.png
400
824
media_image2.png
Greyscale
Regarding claim 4, Abe teaches 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 (annotated fig. 1 above, the annotated first sub-portion is in front of the butt 15 and the annotated second sub-portion follows the butt 15).
Regarding claim 5, 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 above, the annotated first sub-portion and second sub-portion adjoin the butt 15).
Regarding claim 6, Abe 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 (annotated fig. 1 below).
PNG
media_image3.png
487
886
media_image3.png
Greyscale
Regarding claim 7, Abe teaches 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. 1 below).
PNG
media_image4.png
455
805
media_image4.png
Greyscale
Regarding claim 9, Abe 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. 1 below), and
at positions of local minima of the imaginary center-of-gravity line, the shank is spaced apart from a maximum shank height of the at least one functional portion (annotated fig. 1 below).
PNG
media_image5.png
370
839
media_image5.png
Greyscale
PNG
media_image6.png
391
864
media_image6.png
Greyscale
Regarding claim 10, Abe teaches at least one sub-portion of the at least one functional portion forms, in an x-z plane, at least one wavelike recess (annotated fig. 1 above, the annotated sub-portion comprises float section 22 and bridge section 22; the annotated sub-portion forms a wavelike recess).
Regarding claim 11, Abe teaches a top surface of the shank 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. 1 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 local height minimum of the imaginary center-of-gravity line (annotated fig. 1 below).
PNG
media_image7.png
381
902
media_image7.png
Greyscale
PNG
media_image8.png
479
808
media_image8.png
Greyscale
Regarding claim 13, Abe 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. 1 above, the annotated subsections have a top surface substantially parallel to a bottom surface).
Regarding claim 14, Abe 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. 1 below).
PNG
media_image9.png
395
818
media_image9.png
Greyscale
Regarding claim 15, Abe teaches a knitting device (fig. 2 shows tool for circular knitting) comprising at least one needle slot (fig. 2, groove 19), which is configured to receive and, during operation, to guide a knitting tool (fig. 2, para. [0003], needle 10 is inserted into groove 19) and at least one knitting tool according claim 1.
Claim Rejections - 35 USC § 103
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310), as applied to claim 7 above, and further in view of Fukuhara (US 4625527).
Regarding claim 8, Abe teaches the shank comprises lateral surfaces facing the lateral direction (fig. 2).
Abe does not teach at least one of the lateral surfaces is raised laterally relative to a majority of the least one functional portion at the position of at least one of the at least two local maxima.
However, in the same field of endeavor, Fukuhara teaches at least one of the lateral surfaces is raised laterally relative to a majority of the 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).
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 lateral surfaces of Abe raised laterally relative to a majority of the least one functional portion at the position of at least one of the at least two local maxima as taught by Fukuhara for the benefit of reducing the weight of a knitting needle and thereby improving the shock absorbing of the shank of the needle (Fukuhara, column 1, lines 64-66).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310), as applied to claim 11 above, and further in view of Kopal (US 3875767).
Regarding claim 12, Abe 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 Abe 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 Abe (US 2009/0229310), as applied to claim 15 above, and further in view of Su (US 7117692).
Regarding claim 16, Abe 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 Abe 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.
PNG
media_image10.png
600
833
media_image10.png
Greyscale
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310) 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 Abe-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, Abe teaches in fig. 2, the sinking length L2 of the floating section is 10% of the distance L from the bottom face to the upper face of the groove 19 (para. [0038]); and the floating sections 22 extend at a middle height that is lower than the bridge 18 (the highest point of a top surface of the shank)(para. [0037]). Then Abe teaches an upper edge of the needle slot is spaced in elevational direction less than 10% of the needle slot depth from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool.
In the same field of endeavor, Haug teaches needle slot depth is 3.7mm (para. [0004]).
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 Abe-Su with the needle slot depth as taught by Haug because the knitting cylinder with guide channels and latch-type needles are known in the art (Haug, para. [0002], [0003], [0004]).
Then the modified structure Abe-Su-Haug teaches an upper edge of the at least one needle slot is spaced in the elevational direction by less than 0.37 mm (which is less than 0.5 mm) from a highest point of a top surface of the shank facing a positive elevational direction of the knitting tool.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2009/0229310), 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 Abe-Su-Haug teaches the knitting tool comprises a butt (Abe, fig. 1, butt 15), which is raised in a positive elevational direction relative to the at least one functional portion.
The modified structure Abe-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 Abe-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).
PNG
media_image11.png
504
651
media_image11.png
Greyscale
Response to Arguments
Applicant' s arguments, dated 04/11/2024, with respect to the rejections of claims under 35 U.S.C 102 have been fully considered but they are not persuasive.
The Applicant argues that Abe fails to teach a knitting tool having a functional portion having a length which is more than 20% of a length of the knitting tool, wherein the functional portion has subsections in which an absolute value of a gradient of the imaginary center-of-gravity line is between 0 and ∞ and wherein the subsections have no portion that has a gradient of 0 (remarks, page 8, last para.).
In response, Abe teaches a functional portion which comprises float sections and a bridge, while the floating sections have longitudinal length L4 is between 10-60% of the knitting tool (para. [0039]), then the floating sections and bridge sections have a length which is more than 20% of the needle 10.
Further, claim 1 recites the at least one functional portion has subsections in which an absolute value of a gradient of the imaginary center-of-gravity line is between 0 and ∞ and wherein the subsections have no portion that has a gradient of 0. Therefore, Abe does teach the subsections as claimed (see the annotated angled subsections in the annotated Abe fig. 1 above).
The Applicant argues that Abe fails to teach at least one triangular and/or at least one wavelike recess.
In response, “wave” is defined as (1a) a moving ridge or swell on the surface of a liquid; (2c) an undulating line or streak or a pattern formed by such lines (www. merriam-webster.com/dictionary/wave). Therefore, Abe does teach at least one wavelike recess (see fig. 1 above).
The Applicant argues that the combination of Abe and Su does not teach claim 16 (page 10).
In response, claim 16 recites “a magnitude of a stroke of a knitting movement of the knitting tool during knitting...”, claim 16 does not recite “maximum magnitude of a stroke” as the Applicant argues.
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 US0885590A: [content unavailable]
Ref US3805362A: Claims:
A method of covering a guide element of a component which comprises covering an elongate former of a length greater than and cross-section similar to and slightly smaller than the crosssection of a guide element with a length of polymeric covering material greater than the length of the guide element; removing a length of covering material substantially equal to the length of the guide element from the former; and, transferring it directly to and positioning it over the guide element by positioning the former end to end next to the end of the guide element and sliding the covering material over the former and onto the guide element.
A method as claimed in claim 1, wherein the corresponding exposed length of the former is cut off before the next required length of covering material is removed.
A method as claimed in claim 2, wherein the guide element is the foot of a knitting machine needle.
A method as claimed in claim 3, wherein the outer surface of the covering is machined to suitable dimensions.
A method as claimed in claim 4, wherein the covering material is a thermoplastic.
A method as claimed in claim 5, wherein the material is a polyacetal.
A guide element whenever prepared by a method as claimed in claim 1.
Ref US3874199A: Claims:
A latch needle for knitting machines stamped from flat steel strip comprising; (an) a planar elongated needle shank having hook means disposed on one end; (double foot means) closely spaced parallel planar foot portions integrally formed with said needle shank adjacent the opposite end of said shank and projecting from one edge of the latter, engagable by (control elements) cams of the knitting machine; a gap defined between said parallel foot portions; said shank further including a pair of recesses in an edge opposite to that which carries said foot portions, said recesses being disposed substantially opposite to and in line with the longitudinal axes of said foot portions, the axes being substantially perpendicular to the longitudinal axes of said shank, said foot portions having respective outer termination edges, and wherein further recesses are provided in said needle shank at said termination edges, said further recesses extending below said one edge of the shank (said planar foot means having a gap included therein that is reset within the level of said one edge from which said foot portions project).
The latch needle as defined in claim 1, wherein opposing edges of said foot portions extend inwardly from the outer ends thereof and are angled toward each other with an outwardly opening taper.
The latch needle as defined in claim 1, wherein said hook means opens toward said one edge of the needle shank, from which said foot portions project.
The latch needle as defined in claim 3, wherein the longitudinal edges of said needle shank are substantially parallel.
Ref US3875767A: Claims:
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.
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.
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.
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..
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.
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.
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.
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.
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 US3994145A: Claims:
What is claimed is: 1. A knitting machine needle comprising a first end and a second end, a hook formed at said first end, a butt formed at said second end, and a shank portion formed between said hook and said butt, said shank portion comprising a first section extending from said hook having a tapered width increasing from said hook toward said butt, and a second section of uniform width, said second section comprising a straight portion having a first end connected to said first section and a second end, and an undulating portion having at least one undulation therein having a first end connected to said second end of said straight portion and a second end connected to said butt, said butt having an L-shape and a width greater than said uniform width, said undulating portion having an overall length approximately equal to one-fifth of the total combined length of said hook, said first section, and said straight portion. 2. The knitting machine needle according to claim 1, wherein said undulating portion comprises one undulation, said one undulation having an arc-shape and said first end of said undulating portion connected tangentially to said second end of said straight portion. 3. The knitting machine needle according to claim 2, wherein said butt comprises an extension for connecting said butt with second end of said undulating portion, said second end of said undulating portion being connected tangentially to said extension, said one undulation having an inner radius and and outer radius forming the uniform width of said undulating portion. 4. The knitting machine needle according to claim 1, wherein said undulating portion comprises two undulations, each of said two undulations having an arc-shape. 5. The knitting machine needle according to claim 4, wherein each of said two undulations comprises a first end and a second end, said first end of one of said undulations being connected tangentially to said second end of said straight portion and constituting said first end of said undulating portion, and said second end of the other of said two undulations being connected tangentially to said butt and constituting said second end of said undulating portion. 6. The knitting machine needle according to claim 5, wherein said second end of said one undulation and said first end of said other undulation are connected tangentially to each other, and each of said two undulations having an inner radius and an outer radius forming the uniform width of said undulating portion.
A knitting machine needle comprising a first end and a second end, a hook formed at said first end, a butt formed at said second end, and a shank portion formed between said hook and said butt, said shank portion comprising a first section extending from said hook having a tapered width increasing from said hook toward said butt, and a second section of uniform width, said second section comprising a straight portion having a first end connected to said first section and a second end, and an undulating portion having at least one undulation therein having a first end connected to said second end of said straight portion and a second end connected to said butt, said butt having an L-shape and a width greater than said uniform width, said undulating portion having an overall length approximately equal to one-fifth of the total combined length of said hook, said first section, and said straight portion.
The knitting machine needle according to claim 1, wherein said undulating portion comprises one undulation, said one undulation having an arc-shape and said first end of said undulating portion connected tangentially to said second end of said straight portion.
The knitting machine needle according to claim 2, wherein said butt comprises an extension for connecting said butt with second end of said undulating portion, said second end of said undulating portion being connected tangentially to said extension, said one undulation having an inner radius and and outer radius forming the uniform width of said undulating portion.
The knitting machine needle according to claim 1, wherein said undulating portion comprises two undulations, each of said two undulations having an arc-shape.
The knitting machine needle according to claim 4, wherein each of said two undulations comprises a first end and a second end, said first end of one of said undulations being connected tangentially to said second end of said straight portion and constituting said first end of said undulating portion, and said second end of the other of said two undulations being connected tangentially to said butt and constituting said second end of said undulating portion.
The knitting machine needle according to claim 5, wherein said second end of said one undulation and said first end of said other undulation are connected tangentially to each other, and each of said two undulations having an inner radius and an outer radius forming the uniform width of said undulating portion.
Ref US4434627A: Claims:
A stitch forming device for knitting machines or the like, comprising: a hook element having a body member and a hook arranged at one end of the body member and defining a hook opening; said body member having a bevelled portion forming a hollow throat with said hook opening; a closure element cooperating with said hook element; said closure element being constructed over at least a portion of its length by a closed hollow body member; said closed hollow body member slidingly guiding said hook element; said closed hollow body member possessing a nose-shaped portion forming an inner surface and an end surface at the end thereof confronting said hook opening; said end surface of said nose-shaped portion being bevelled in the same direction as said bevelled portion of said body member of said hook element; and said closure element and said hook element being displaceable relative to each other to define a closed position and an opened position with respect to said hook in which said nose-shaped portion of said closed hollow body member bears upon said hook and upon said body member, respectively.
a hook element having a body member and a hook arranged at one end of the body member and defining a hook opening;
said body member having a bevelled portion forming a hollow throat with said hook opening;
a closure element cooperating with said hook element;
said closure element being constructed over at least a portion of its length by a closed hollow body member;
said closed hollow body member slidingly guiding said hook element;
said closed hollow body member possessing a nose-shaped portion forming an inner surface and an end surface at the end thereof confronting said hook opening;
said end surface of said nose-shaped portion being bevelled in the same direction as said bevelled portion of said body member of said hook element; and
said closure element and said hook element being displaceable relative to each other to define a closed position and an opened position with respect to said hook in which said nose-shaped portion of said closed hollow body member bears upon said hook and upon said body member, respectively.
The stitch forming device as defined in claim 1, wherein: said closure element comprises a substantially linear element.
said closure element comprises a substantially linear element.
The stitch forming device as defined in claim 1, wherein: said closure element is curved at least over a portion of its length.
said closure element is curved at least over a portion of its length.
The stitch forming device as defin
[Truncated to input limit]