DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7 November 2025 has been entered.
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.
Claim(s) 1-3, 5, 9, 10, 12-18, and 65-71 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Embach (US Patent Application Publication Number 2006/0001307).
Regarding claim 1, Embach discloses an automotive trim device comprising: a foam body portion (including 74 for instance), the foam body portion defining a pre-formed cavity therein with an interior surface (see at least Figure 4, etc.); a functionality-conferring element (42 or 54 for instance); and a frame element (54 or 64 or 74 for instance); wherein the automotive trim device is an automotive head restraint of an automobile seat (12), wherein the functionality-conferring element and at least a portion of the frame element are inserted into and disposed in the pre-formed cavity of the foam body portion after the foam body portion is formed (this is the general arrangement; see figures and note that this is a product-by-process limitation wherein patentability depends on the product itself), wherein the interior surface of the pre-formed cavity is free of any chemical or mechanical bonding with either the functionality-conferring element or the frame element (there is no disclosure of any particular chemical or mechanical bond; that is, not unlike the invention, while the components are integrated into a general unit, the surface of 74 is not specially bonded to 42, 54, 64, 74, etc.), and wherein the functionality-conferring element is configured to provide horizontal adjustability or vertical adjustability of the automotive headrest relative to the automotive seat (54 would confer such adjustability at least in part; i.e. 54 provides such adjustment itself and/or of the stored items).
Regarding claim 2, Embach further discloses the automotive trim device further comprises a trim cover element (24 or the leather or cloth cover described in paragraph 31 for instance).
Regarding claim 3, Embach further discloses the trim cover element at least partially encapsulates the foam body portion (this is the general arrangement; see figures).
Regarding claim 5, Embach further discloses the foam body portion comprises a polymeric material (any conventional foam would be viewed as such).
Regarding claim 9, Embach further discloses the functionality-conferring element comprises at least one of an electrical device or a mechanical device, the at least one electrical or mechanical device containing at least one component that is susceptible to damage when exposed to an intrusion and curing of foam materials (the elements could sustain damage depending on the exposure, arrangement, and materials, etc.).
Regarding claim 10, Embach further discloses the functionality-conferring element is at least partially enclosed in a housing (member 64 for instance).
Regarding claim 12, Embach further discloses the frame element is configured to secure the automotive trim device to a portion of an automobile (at least in general and/or indirectly).
Regarding claim 13, Embach further discloses the frame element and functionality-conferring element are integral (at least in their general assembled arrangement).
Regarding claim 14, Embach further discloses the frame element and functionality-conferring element are integral with the housing (at least in their general assembled arrangement).
Regarding claim 15, Embach further discloses the frame element and functionality-conferring element are separate (at least in that they can be moved apart).
Regarding claim 16, Embach further discloses the frame element, functionality-conferring element, and housing are separate (at least in that they can be moved apart).
Regarding claim 17, Embach further discloses one of the frame element or functionality-conferring element are integral with the housing (at least in their general assembled arrangement).
Regarding claim 18, Embach further discloses the cavity has a shape and size substantially complementary to the shape and size of the functionality-conferring element and portion of the frame element that are disposed in the cavity (see figures).
Regarding claim 65, Embach discloses a vehicular head restraint for a vehicular seat (12), the vehicular head restraint comprising: a body portion (including 22 or 74 for instance) that is formed to define therein a pre-formed cavity (see at least Figure 4, etc.); a functionality-conferring element (42 or 54 for instance) configured to provide horizontal adjustability or vertical adjustability of the vehicular head restraint relative to the vehicular seat (54 would confer such adjustability at least in part; i.e. 54 provides such adjustment itself and/or of the stored items); and a frame element (54 or 64 or 74 for instance), wherein each of the functionality-conferring element and at least a portion the of frame element are inserted into and disposed in the pre-formed cavity of the body portion after the body portion is formed (this is the general arrangement; see figures and note that this is a product-by-process limitation wherein patentability depends on the product itself), and wherein the interior surface of the pre-formed cavity is free of any chemical or mechanical bonding with either the functionality-conferring element or the frame element (there is no disclosure of any particular chemical or mechanical bond; that is, not unlike the invention, while the components are integrated into a general unit, 22 and/or 74 is not specially bonded to 42, 54, 64, 74, etc.).
Regarding claim 66, Embach further discloses the vehicular head restraint further comprises a trim cover element (24 or the leather or cloth cover described in paragraph 31 for instance) that at least partially encapsulates the body portion (this is the general arrangement; see figures).
Regarding claim 67, Embach further discloses the body portion comprises a polymeric material (the plastic of member 20 disclosed in paragraph 31, as well as any conventional foam would be viewed as such).
Regarding claim 68, Embach further discloses the functionality-conferring element comprises at least one of an electrical device or a mechanical device, the at least one electrical or mechanical device containing at least one component that is susceptible to damage when exposed to an intrusion and curing of foam materials (the elements could sustain damage depending on the exposure, arrangement, and materials, etc.).
Regarding claim 69, Embach further discloses the frame element and functionality-conferring element are integral (at least in their general assembled arrangement).
Regarding claim 70, Embach discloses a vehicular head restraint for a vehicular seat (12), the vehicular head restraint comprising: a body portion (including 22 or 74 for instance) comprising a polymeric material (the plastic of member 20 disclosed in paragraph 31 would be viewed as such) that is formed via a manufacturing process to define therein a preformed cavity (see at least Figure 4, etc.); a functionality-conferring element (42 or 54 for instance) positioned in the cavity and configured to provide horizontal adjustability or vertical adjustability of the vehicular head restraint relative to the vehicular seat (54 would confer such adjustability at least in part; i.e. 54 provides such adjustment itself and/or of the stored items); a frame element (54 or 64 or 74 for instance), wherein at least a portion of the frame element is disposed in the cavity of the body portion (see figures); wherein the functionality-conferring element and the portion the of frame element are inserted into the pre-formed cavity after the body portion is formed (this is the general arrangement; see figures and note that this is a product-by-process limitation wherein patentability depends on the product itself); wherein the interior surface of the pre-formed cavity is free of any chemical or mechanical bonding with either the functionality-conferring element or the frame element (there is no disclosure of any particular chemical or mechanical bond; that is, not unlike the invention, while the components are integrated into a general unit, 22 and/or 74 is not specially bonded to 42, 54, 64, 74, etc.). and a trim cover element (24 or the leather or cloth cover described in paragraph 31 for instance) that at least partially encapsulates the body portion (see figures).
Regarding claim 71, Embach further discloses the functionality-conferring element comprises at least one of an electrical device or a mechanical device, the at least one electrical or mechanical device containing at least one component that is susceptible to damage when exposed to an intrusion and curing of foam materials (the elements could sustain damage depending on the exposure, arrangement, and materials, etc.).
Claim(s) 1-3, 5, 9, 10, 12-18, and 65-71 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishimoto (US Patent Number 8814271).
Regarding claim 1, Ishimoto discloses an automotive trim device comprising: a foam body portion (26 for instance), the foam body portion defining a pre-formed cavity therein with an interior surface; a functionality-conferring element (22 and/or 38 for instance); and a frame element (14 for instance); wherein the automotive trim device is an automotive head restraint of an automobile seat (including 24), wherein the functionality-conferring element and at least a portion of the frame element are inserted into and disposed in the pre-formed cavity of the foam body portion after the foam body portion is formed (this is the general arrangement; see figures and note that this is a product-by-process limitation wherein patentability depends on the product itself), wherein the interior surface of the pre-formed cavity is free of any chemical or mechanical bonding with either the functionality-conferring element or the frame element (there is no disclosure of any particular chemical or mechanical bond; that is, not unlike the invention, while the components are integrated into a general unit, the surface of 26 is not specially bonded to 14, 22, 38, etc.), and wherein the functionality-conferring element is configured to provide horizontal adjustability or vertical adjustability of the automotive headrest relative to the automotive seat (it serves to provide such adjustability in various embodiments, with the pivoting providing general horizontal adjustability).
Regarding claim 2, Ishimoto further discloses the automotive trim device further comprises a trim cover element (27).
Regarding claim 3, Ishimoto further discloses the trim cover element at least partially encapsulates the foam body portion (this is the general arrangement; see figures).
Regarding claim 5, Ishimoto further discloses the foam body portion comprises a polymeric material (the foamed resin of 26 is such a material).
Regarding claim 9, Ishimoto further discloses the functionality-conferring element comprises at least one of an electrical device or a mechanical device, the at least one electrical or mechanical device containing at least one component that is susceptible to damage when exposed to an intrusion and curing of foam materials (the elements could sustain damage depending on the exposure, arrangement, and materials, etc.).
Regarding claim 10, Ishimoto further discloses the functionality-conferring element is at least partially enclosed in a housing (formed by the body or trim).
Regarding claim 12, Ishimoto further discloses the frame element is configured to secure the automotive trim device to a portion of an automobile (at least in general).
Regarding claim 13, Ishimoto further discloses the frame element and functionality-conferring element are integral (at least in their general assembled arrangement).
Regarding claim 14, Ishimoto further discloses the frame element and functionality-conferring element are integral with the housing (at least in their general assembled arrangement).
Regarding claim 15, Ishimoto further discloses the frame element and functionality-conferring element are separate (at least in that they can be moved apart).
Regarding claim 16, Ishimoto further discloses the frame element, functionality-conferring element, and housing are separate (at least in that they can be moved apart).
Regarding claim 17, Ishimoto further discloses one of the frame element or functionality-conferring element are integral with the housing (at least in their general assembled arrangement).
Regarding claim 18, Ishimoto further discloses the cavity has a shape and size substantially complementary to the shape and size of the functionality-conferring element and portion of the frame element that are disposed in the cavity (this is the general arrangement; see figures).
Regarding claim 65, Ishimoto discloses a vehicular head restraint for a vehicular seat (including 24), the vehicular head restraint comprising: a body portion (16 or alternatively 26 for instance) that is formed to define therein a pre-formed cavity; a functionality-conferring element (22 and/or 38 for instance) is configured to provide horizontal adjustability or vertical adjustability of the vehicular head restraint relative to the vehicular seat (it serves to provide such adjustability in various embodiments, with the pivoting providing general horizontal adjustability); and a frame element (14 for instance), wherein each of the functionality-conferring element and at least a portion of the frame element are inserted into and disposed in the pre-formed cavity of the body portion after the body portion is formed (this is the general arrangement; see figures and note that this is a product-by-process limitation wherein patentability depends on the product itself), and wherein the interior surface of the pre-formed cavity is free of any chemical or mechanical bonding with either the functionality-conferring element or the frame element (there is no disclosure of any particular chemical or mechanical bond; that is, not unlike the invention, while the components are integrated into a general unit, 16, and especially 26 is not specially bonded to 14, 22, 38, etc.).
Regarding claim 66, Ishimoto further discloses the vehicular head restraint further comprises a trim cover element (27) that at least partially encapsulates the body portion (this is the general arrangement; see figures).
Regarding claim 67, Ishimotor further discloses the body portion comprises a polymeric material (at least 26 is such a material).
Regarding claim 68, Ishimoto further discloses the functionality-conferring element comprises at least one of an electrical device or a mechanical device, the at least one electrical or mechanical device containing at least one component that is susceptible to damage when exposed to an intrusion and curing of foam materials (the elements could sustain damage depending on the exposure, arrangement, and materials, etc.).
Regarding claim 69, Ishimoto further discloses the frame element and functionality-conferring element are integral (at least in their general assembled arrangement).
Regarding claim 70, Ishimoto discloses a vehicular head restraint for a vehicular seat (including 24), the vehicular head restraint comprising: a body portion (16 or alternatively 26 for instance) comprising a polymeric material (at least 26 is such a material) that is formed via a manufacturing process to define therein a pre-formed cavity; a functionality-conferring element (22 and/or 38 for instance) positioned in the cavity and configured to provide horizontal adjustability or vertical adjustability of the vehicular head restraint relative to the vehicular seat (it serves to provide such adjustability in various embodiments, with the pivoting providing general horizontal adjustability); a frame element (14 for instance), wherein at least a portion of the frame element is disposed in the cavity of the body portion (see figures); wherein the functionality-conferring element and the portion of the frame element are inserted into the pre-formed cavity after the body portion is formed (this is the general arrangement; see figures and note that this is a product-by-process limitation wherein patentability depends on the product itself), wherein the interior surface of the pre-formed cavity is free of any chemical or mechanical bonding with either the functionality-conferring element or the frame element (there is no disclosure of any particular chemical or mechanical bond; that is, not unlike the invention, while the components are integrated into a general unit, 16, and especially 26 is not specially bonded to 14, 22, 38, etc.); and a trim cover element (27) that at least partially encapsulates the body portion (see figures).
Regarding claim 71, Ishimoto further discloses the functionality-conferring element comprises at least one of an electrical device or a mechanical device, the at least one electrical or mechanical device containing at least one component that is susceptible to damage when exposed to an intrusion and curing of foam materials (the elements could sustain damage depending on the exposure, arrangement, and materials, etc.).
Response to Arguments
Applicant's arguments filed 8 October 2025 have been fully considered but they are not persuasive. Specifically, Applicant argues that neither Embach nor Ishimoto disclose a pre-formed cavity, post-formation insertion of a functionality-conferring element and/or frame element, or an interface neither chemically or mechanically bonded to the components. As explained above, both Embach and Ishimoto are viewed as disclosing these features. In particular, both show foam body portions with cavities, functionality-conferring and frame elements inserted therein, and do not disclose chemical or mechanical bonds between them. Even ignoring that the claimed sequence of assembly of the invention is a product-by-process limitation (where patentability thus depends on the product itself), both Embach and Ishimoto would appear to provide the sequence claimed (i.e. a pre-formed body that then receives the internal components) based on their disclosures as a whole. Applicant’s arguments that Embach and Ishimoto disclose “conventional foam-in-place” arrangements where liquid foam encapsulates the relevant elements to form a chemical/adhesive bond finds no support in the references themselves (neither reference describes a foam molding operation, much less bonding of a liquid foam to an internal component). Applicant’s arguments related to the devices of the cited art appear to be based on mere speculation as to their possible construction and are thus not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHILIP F GABLER/Primary Examiner, Art Unit 3636
Prosecution Insights