The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
PRODUCT BY PROCESS CLAIM:
“ The subject matter present is regarded as a product by process claim in which a product is introduced by the method in which it is made. It is the general practice of this office to examine the final product described regardless of the method provided by the applicant.”
This policy applies to the limitation of “ molded” in claims 1, 180, 183.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 4/14/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1, 36-38, 46-47, 172-174, 177-179, 184-188 is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Dahle (2836228).
Dahle (figure3) shows a padded element comprising a foam substrate(16, 12, 14, 26) having disposed therein a first internal surface (surface of 30) and a second internal surface (the surface of part 18) opposed to the first internal surface, the first internal surface being interposed between an outer surface(figure 3, the flat surface outside/top of 30) of the foam substrate and the second internal surface, at least one of the first internal surface and the second internal surface comprising a textured portion and the facing of the other of the first internal surface and the second internal surface is substantially smooth, free of openings therethrough and entirely untextured, the textured portion comprising a plurality of peak (30) portions and a plurality of valley portions (recess portions adjacent thereof), the peak poritons, at a resting state of the padded element, not contacting the facing surface (18; not directly as it is separated by connecting adhesive) of the other of the first internal surface and the second internal surface.
Per claim 36, Dahle further shows each peak portion in the plurality of
peak portions is substantially elongate and each valley portion in the plurality of valley portions is substantially elongate.
Per claim 37, Dahle further shows the plurality of peak portions and the plurality of valley portions are disposed in a substantially parallel relationship.
Per claim 38, Dahle further shows the plurality of peak portions is comprised in a plurality of substantially upstanding projections.
Per claims 46-47, Dahle further shows the plurality of projections comprise substantially the same shape (see figure 2 for shapes), wherein the plurality of projections comprise substantially the same dimension.
Per claim 172, Dahle further shows the first internal surface comprising a textured portion and the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured.
Per claim 173, Dahle further shows the first internal surface is substantially smooth, free of any openings therethrough and entirely untextured and the second internal surface comprises a textured portion (depends on what you name as first or second surface).
Per claim 174, Dahle further shows the first internal surface and the second internal surface are in a spaced relationship at resting position of the padded element (figure 3).
Per claim 177, Dahle further shows the foam substrate comprising a plurality of sections, each section comprising a plurality of peak portions and a plurality of valley portions (inherently so).
Per claim 178, Dahle further shows the plurality of peak poritons and valley poritons of each section are the same (figure 2).
Per claim 179, Dahle further shows the peak and valley portions in each section are different (figure 3).
Per claim 184, Dahle shows a free space between the first and second internal surface(see figure 3).
Per claim 185, Dahle further shows the untextured surface (of 18) is a single flat surface.
Per claim 186, Dahle further shows the internal surface and the second internal surface are configured to be in direct contact with one another when an occupant sits on the padded element (see figure 2).
Per claim 187, Dahle further shows the foam substrate consists essentially of a single molded foam.
Per claim 188, Dahle further shows the foam substrate consisting essentially of a unitary foam portion.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 9, 36-38, 46-47, 172-174, 177-178, 184-186 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Scheermesser in view of Turck Jr (2953195).
Scheermesser (figures 8, 12-18, col 5 line 52-56) shows a padded element comprising a foam substrate having disposed therein a first internal surface (51, 47) and a second internal surface (the surface of the core out portion) opposed to the first internal surface, the first internal surface being interposed between an outer surface of the foam substrate and the second internal surface, at least one of the first internal surface and the second internal surface comprising a textured portion and the other of the first internal surface, and having a skin of greater density than the foam substrate (col 6 line 51) and being spaced inwardly from an opposed pair of sides of the foam substrate (see figure 15 and 18), wherein the textured portion comprises a plurality of peak portions and a plurality of valley portions, wherein each peak portion in the plurality of peak portions is substantially elongate and each valley portion in the plurality of valley portions is substantially elongate, wherein the plurality of peak portions and the plurality of valley portions are disposed in a substantially parallel relationship, wherein the plurality of peak portions is comprised in a plurality of substantially upstanding projections, wherein the plurality of projections comprise substantially the same shape, wherein the plurality of projections comprise substantially the same dimension, wherein the first internal surface comprising a textured portion and the second internal surface is substantially smooth and untextured, wherein the first internal surface is substantially untextured and the second internal surface comprising textured portion (depends on what you name as first or second surface), the textured portion comprising a plurality of peak portions and a plurality of valley portions, each section comprising a plurality of peak portions and a plurality of valley portions being the same, the cavity being inwardly spaced from marginal edges of the foam substrate.
Scheermesser does not show the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface, at a resting state of the padded element, not contacting the facing surface of the other of the first and second internal surface.
Turck JR figure 2 shows the second internal surface(the top face of part 12 which meets the parts 15) is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface, the core being softer and cushioning (col 2 lines 67-72 to col 3 lines 1-15).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify Scheermesser’s structures to show Scheermesser’s to show the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface as taught by Turck Jr in order to provide a core that is softer and cushioning, and one having ordinary skill in the art would have found it obvious to modify Scheermesser’ padded element to show the internal surfaces at the resting state not contacting each other in order to create extra cushioning of the foam pad per extra air volume therebetween, and the fact that it would have been obvious to provide a free space between the first and second internal surface is further demonstrated by applicant’s disclosure paragraph 56 which states the well-known nature to one with ordinary skill in the art to have either the internal surfaces either contacting/not contacting (See previous office action rejection to similar subject matter of claim 174 and maintained for board of appeal decision of 2/13/2026).
Scheermesser as modified further shows the internal surfaces at the resting state not contacting each other.
Per claim 172, Scheermesser as modified further shows the first internal surface comprises a textured portion and the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured.
Per claim 173, Scheermesser as modified further shows the first internal surface is substantially smooth, free of any openings therethrough and entirely untextured, and the second internal surface comprises a textured portion.
Per claim 174, Scheermesser as modified shows the first and second internal surface are in a spaced relationship at a resting position of the padded element.
Per claim 184, Scheermesser as modified shows a free space between the first and second internal surface.
Per claim 185, Scheermesser as modified further shows the untextured surface is a single flat surface.
Per claim 186, Scheermesser as modified further shows the first internal surface and the second internal surface are configured to be in direct contact with one another when an occupant sits on the padded element (per the resiliency of the cushion).
Claim 179 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Scheermesser (3222697) in view of Turck Jr (2953195).
Scheermesser as modified shows all the claimed limitations except for each section comprising a plurality of peak portions and a plurality of valley portions being different.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Scheermesser's modified structures to show each section comprising a plurality of peak portions and a plurality of valley portions being different since one having ordinary skill in the art would have been it obvious to change different supporting strength for the different sections of seat as desired.
Claims 187,188 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Scheermesser (3222697) in view of Turck Jr (2953195) as applied to claim 1 above and further in view of Wilson.
Scheermesser as modified shows all the claimed limitations except for the substrate consists essentially of a single molded foam/foam portion.
Wilson discloses the well-known practice of either form structures assembled together as separate pieces or made of one piece (col 5 lines 1-9).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify Scheermesser’s modified structures to show the foam substrate consisting essentially of a single foam with a reasonable expectation of success since it is well known in the art to form structures assembled together as separate pieces or made of one piece as taught by Wilson (col 5 lines 1-9) as long as it satisfies the expediency of manufacturing the finished foam structure.
Claims 180-181 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Scheermesser in view of Turck Jr (2953195).
Scheermesser (figures 8, 12-18, col 5 line 52-56) shows a padded element comprising a foam substrate having disposed therein a first internal surface (51, 47) and a second internal surface (the surface of the core out portion) opposed to the first internal surface, the first internal surface being interposed between an outer surface of the foam substrate and the second internal surface, at least one of the first internal surface and the second internal surface comprising a textured portion and the other of the first internal surface, the first internal surface and the second internal surface configured to be in direct contact with one another when an occupant sits on the padded element, and having a skin of greater density than the foam substrate (col 6 line 51) and being spaced inwardly from an opposed pair of sides of the foam substrate (see figure 15 and 18), wherein the textured portion comprises a plurality of peak portions and a plurality of valley portions, wherein each peak portion in the plurality of peak portions is substantially elongate and each valley portion in the plurality of valley portions is substantially elongate, wherein the plurality of peak portions and the plurality of valley portions are disposed in a substantially parallel relationship, wherein the plurality of peak portions is comprised in a plurality of substantially upstanding projections, wherein the plurality of projections comprise substantially the same shape, wherein the plurality of projections comprise substantially the same dimension, wherein the first internal surface comprising a textured portion and the second internal surface is substantially smooth and untextured, wherein the first internal surface is substantially untextured and the second internal surface comprising textured portion (depends on what you name as first or second surface), the textured portion comprising a plurality of peak portions and a plurality of valley portions, each section comprising a plurality of peak portions and a plurality of valley portions being the same, the cavity being inwardly spaced from marginal edges of the foam substrate.
Scheermesser does not show the skin being at 1mm depth as compared to a central region of the foam substrate remote from the second internal surface, and the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface, the internal surfaces not contacting each other at a resting state.
Turck JR figure 2 shows the second internal surface(the top face of part 12 which meets the parts 15) is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface, the core being softer and cushioning (col 2 lines 67-72 to col 3 lines 1-15).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify Scheermesser’s structures to show the skin being at 1mm depth as compared to a central region of the foam substrate remote from the second internal surface with a reasonable expectation of success since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify Scheermesser’s higher density skin to show the skin being 1mm in order to satisfy a particular application (col 6 lines 51-56 discloses the skin used in different applications) per the different applicational needs, one having ordinary skill in the art would have found it obvious to modify Scheermesser’s to show the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface as taught by Turck Jr in order to provide a core that is softer and cushioning; furthermore, one having ordinary skill in the art would have found it obvious to modify Scheermesser’s structure to show the internal surfaces at the resting state not contacting each other in order to create extra cushioning of the foam pad per extra air volume therebetween, and the fact that it would have been obvious to provide a free space between the first and second internal surface is further demonstrated by applicant’s disclosure paragraph 56 which states the well-known nature to one with ordinary skill in the art to have either the internal surfaces either contacting/not contacting (See previous office action rejection to similar subject matter of claim 174 and maintained for board of appeal decision of 2/13/2026).
Scheermesser as modified further shows the internal surfaces at the resting state not contacting each other.
Claims 183 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Scheermesser in view of Turck Jr (2953195) and Wilson (4323231).
Scheermesser (figures 8, 12-18, col 5 line 52-56) shows a padded element comprising a foam substrate having disposed therein a first internal surface (51, 47) and a second internal surface (the surface of the core out portion) opposed to the first internal surface, the first internal surface being interposed between an outer surface of the foam substrate and the second internal surface, at least one of the first internal surface and the second internal surface comprising a textured portion and the other of the first internal surface, the first internal surface and the second internal surface configured to be in direct contact with one another when an occupant sits on the padded element, and having a skin of greater density than the foam substrate (col 6 line 51) and being spaced inwardly from an opposed pair of sides of the foam substrate (see figure 15 and 18), wherein the textured portion comprises a plurality of peak portions and a plurality of valley portions, wherein each peak portion in the plurality of peak portions is substantially elongate and each valley portion in the plurality of valley portions is substantially elongate, wherein the plurality of peak portions and the plurality of valley portions are disposed in a substantially parallel relationship, wherein the plurality of peak portions is comprised in a plurality of substantially upstanding projections, wherein the plurality of projections comprise substantially the same shape, wherein the plurality of projections comprise substantially the same dimension, wherein the first internal surface comprising a textured portion and the second internal surface is substantially smooth and untextured, wherein the first internal surface is substantially untextured and the second internal surface comprising textured portion (depends on what you name as first or second surface), the textured portion comprising a plurality of peak portions and a plurality of valley portions, each section comprising a plurality of peak portions and a plurality of valley portions being the same, the cavity being inwardly spaced from marginal edges of the foam substrate.
Scheermesser does not show the foam substrate consisting essentially of a single foam, the skin being at 1mm depth as compared to a central region of the foam substrate remote from the second internal surface, and the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface, the internal surfaces at the resting state not contacting each other.
Wilson discloses the well-known practice of either form structures assembled together as separate pieces or made of one piece (col 5 lines 1-9).
Turck JR figure 2 shows the second internal surface(the top face of part 12 which meets the parts 15) is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface, the core being softer and cushioning (col 2 lines 67-72 to col 3 lines 1-15).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify Scheermesser’s structures to show the foam substrate consisting essentially of a single foam with a reasonable expectation of success since it is well known in the art to form structures assembled together as separate pieces or made of one piece as taught by Wilson (col 5 lines 1-9) as long as it satisfies the expediency of manufacturing the finished foam structure, and having the skin being at 1mm depth as compared to a central region of the foam substrate remote from the second internal surface since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify Scheermesser’s higher density skin to show the skin being 1mm in order to satisfy a particular application (col 6 lines 51-56 discloses the skin used in different applications) per the different applicational needs, one having ordinary skill in the art would have found it obvious to modify Scheermesser’s to show the second internal surface is substantially smooth, free of any openings therethrough and entirely untextured, the untextured surface is a single flat surface as taught by Turck Jr in order to provide a core that is softer and cushioning; furthermore, one having ordinary skill in the art would have found it obvious to modify Scheermesser’s structure to show the internal surfaces at the resting state not contacting each other in order to create extra cushioning of the foam pad per extra air volume therebetween, and the fact that it would have been obvious to provide a free space between the first and second internal surface is further demonstrated by applicant’s disclosure paragraph 56 which states the well-known nature to one with ordinary skill in the art to have either the internal surfaces either contacting/not contacting (See previous office action rejection to similar subject matter of claim 174 and maintained for board of appeal decision of 2/13/2026).
Scheermesser as modified further shows the internal surfaces at the resting state not contacting each other.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 36-38, 46-47, 172-174, 177-181, 183-188 have been considered but are moot because the new ground of rejection does not rely on the combination of references as set forth.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different padded foam substrate.
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/PHI D A/ Primary Examiner, Art Unit 3633
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