Prosecution Insights
Last updated: April 19, 2026
Application No. 18/003,544

METHOD AND DEVICE FOR IDENTIFYING A CUSHION ELEMENT FROM A QUANTITY OF DIFFERENT CUSHION ELEMENTS

Non-Final OA §102§103
Filed
Dec 28, 2022
Examiner
CUNNINGHAM II, GREGORY S
Art Unit
3694
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Motesque GmbH & Co. Kg
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
157 granted / 240 resolved
+13.4% vs TC avg
Strong +34% interview lift
Without
With
+34.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
29 currently pending
Career history
269
Total Applications
across all art units

Statute-Specific Performance

§101
37.3%
-2.7% vs TC avg
§103
31.0%
-9.0% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 240 resolved cases

Office Action

§102 §103
DETAILED ACTION Status of Claims The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in reply to the application filed on 12/28/2022. Claims 1-14 have been amended and are hereby entered. Claims 1-14 are currently pending and have been examined. Information Disclosure Statement The information disclosure Statement(s) filed 12/28/2022 have been considered. Initialed copies of the Form 1449 are enclosed herewith. Claim Interpretation In claim 1, directed towards a method, the clause “wherein at least one specific upholstery element is then determined…” is interpreted as an intended use/field of use of computing unit since the step is not positively recited as being performed. The intended use in the claim merely states the result of the limitation in the claim and adds nothing to the patentability or substance of the claim. See Texas Instruments Inc. v. International Trade Commission, 26 USPQ2d 1010 (Fed. Cir 1993); Griffin v. Bertina, 62 USPQ2d 1431 (Fed. Cir. 22); Amazon.com Inc. v. Bamesandnoble.com Inc., 57 USPQ2d 1747 (Fed. Cir. 21). Such field of use/intended use limitations are also present in claim 13. Hence the intended use limitations are not given patentable weight. In general, the grammar and intended meaning of terms used in a claim will dictate whether the language limits the claim scope. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. The following are examples of language that may raise a question as to the limiting effect of the language in a claim: statements of intended use or field of use, "adapted to" or "adapted for" clauses, "wherein" clauses, or "whereby" clauses. This list of examples is not intended to be exhaustive. See also MPEP § 2111.04. The rejections given below are interpreted in light of 35 U.S.C. § 112, rejections and the claim interpretation discussed above. For purposes of compact prosecution, the Examiner will apply art as if the intended use limitations were positively recited. Specification Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. The abstract of the disclosure is objected to because it exceeds 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Stabelfeldt, et al. (US Patent Application Publication 20050256686), “Stabelfeldt”. As per claim 1, Stabelfeldt discloses: A method for determining at least one upholstery element from a set of mutually different upholstery elements in relation to a specific person, wherein each upholstery element of the set of upholstery elements are able to be elastically deformed as a result of person-related loading on an upholstered surface of the respective upholstery element, comprising: Abstract, [0003], [0053-0056], [0103], [0107], Examiner notes page 1 of the spec describes upholstery components, as “upholstery elements are also 25 found in other areas that are intended to at least partially support or cushion the body against a hard surface. Such upholstery elements are found for example in garments, such as for example sneakers.”, such as a diaper would in Stabelfeldt providing a plurality of precomputed digital upholstery models that are each assigned to a specific upholstery element of the set of upholstery elements, wherein each digital upholstery model defines a respective mechanical cushioning property for a multiplicity of areas on the upholstered surface; [0074-0077], [0081-0082], [0154] As illustrated in FIG. 8, the virtual product sub-model 22 includes various sub-models defining information about the typically simplified representation of the product. The product sub-model 22 includes a product initial condition sub-model 70. The product initial condition sub-model 70 includes any specified condition from a product data history 71 that is present at a time selected as the beginning of the event to be modeled obtained… The product sub-model 22 includes a product material sub-model 74. The product material sub-model 74 is a representation of the intrinsic (measured or estimated) material behavior of the product components. The product material sub-model 74 receives product material property data 75 for the product to be modeled. The material property data 75 may include information such as the measured, modeled or estimated material characteristics or parameters of the representative product… The product sub-model 22 can account for multiple layers or components with specific functions (e.g., temporary storage, transport, non-wet feeling) or made from anisotropic materials (e.g., mechanical properties different in x, y and z directions). The product sub-model 22 can account for material properties for individual components vs. lumped aggregate product. Different material models are required for different components (vs. for example treating everything as a simple linear elastic)… The material property data 75 may include information related to the elastic modulus, Poisson's ratio, density of product components, shear modulus, bulk modulus, yield stress, and/or elongation at yield of the product. For example, the product material sub-model 74 may use a linear elastic model, a hyperelastic model, or a viscoelastic model to describe the stress and strain behavior, degree of compressibility, and time dependency in the product material. It is understood by those skilled in the art that some material properties are dependent on the "in-use" conditions of the product material. providing a body model of the specific person, wherein the body model contains a description of physiological body properties of the specific person; [0060], [0107] The process may also be repeated using different products, wearers, and uses. Thus, virtually any combination of a wearer and a product of clothing or other articles which are used on the body may be modeled. For example, the entire modeling process may be repeated for a representative baby using a particular diaper design. In another example, a representative adult incontinence product user may be modeled using a particular adult incontinence product. In another example, a representative child may be modeled using a product of clothing such as pajamas. In each of these, the same iterative product development process may be followed to develop a product that meets any initial performance goals… The computer-based virtual wearer sub-model 20 is a model of a body in a form that can be used for computer simulation. The wearer sub-model 20 preferably defines a deformable "body", such as a person's torso, created to evaluate a product to be worn on the body defined by the product sub-model 22. Alternately, the wearer sub-model 20 can be defined as a rigid body or other object. Preferably, the wearer sub-model 20 is a model of a representative wearer of the product to be designed and evaluated. In one embodiment, the virtual wearer sub-model 20 defines a solid shape corresponding to a representative wearer of the product having mechanical and surface properties. The representative wearer is determined from available usage, demographic, and/or anthropometric data. Although any set of criteria can be used to define this wearer, preferably the criteria defines the three-dimensional surface topography of the wearer, or may include height, weight, and waist, hip, and thigh circumference measurements for the wearer. wherein, for each provided precomputed digital upholstery model or a subset thereof, a computing unit of a data processing system performs individually computing a virtual body loading on a selected body surface of a body of the specific person in relation to person-related loading of the upholstered surface of the upholstery element (Px) assigned to respective upholstery model as a function of corresponding mechanical cushioning properties of the respective upholstery model and the description of the physiological body properties of the body model of the specific person, and [0101-0102] The results 32 of the use model 30 are analyzed at step 34 to evaluate the performance of virtual product. The analysis 34 evaluates the performance of at least one body or product feature of the product and/or wearer body. The response includes details of the product's behavior, driven by interactions with itself and potentially other factors such as a wearer and/or its surrounding environment. The results 32 include the performance of one or more product features related to the fit, comfort or use of the product… The product features analyzed may include one or more of features such as, but without limitation, product stress, product force vectors, contact pressure distribution on the body, curvature of a product surface, product deformation, density profiles, predicted stresses at selected locations of the product, the gaps between the body and the product, the appearance of the product or garments introduced by the environment sub-model when worn by the body, deformation of the body, contact area between the body and the product, the integral of the pressure over the contact area, the contact area between the panty and the product, appearance of the product when in contact with an external article. For the examples described herein, a product developer can examine the contact pressure on the user from the product, which is a factor in determining the product's comfort. It was seen that the contact pressure distribution in the product varied during use, with higher contact pressure regions adjacent the legs, and lower contact pressure regions away from the legs. In addition, density variations in the product provide insight into the absorbent behavior or permeability of the product. Areas of higher density can tend to absorb fluid less rapidly than areas of lower density. Tensile stress within the product is a large factor in determining the integrity of the product. A concentration of tensile stress in a particular region of the product can lead to tearing of the materials in that region. The fit of the product relative to the wearer contributes to the discretion in the use of the product. Also, the shape of the product during use contributes to many of these results including discretion, pressure, and absorbency. Some or all of these and other product features can be modeled and analyzed by the process described herein. A variety of product designs (e.g., shape, size, materials) may be simulated and comparatively analyzed. Less promising candidate designs may be removed from further study. determining at least one loading index as a function of the computed virtual body loading and assigning the at least one loading index to the upholstery element concerning the respective upholstery model; [0103-0106] The fit of the product can be measured using quantitative measurements to define fit. Some measurements include uniform and optimal tension, contact pressure or stress throughout the product or a portion of the product, providing and/or maintaining a desired surface area of coverage during changes in body position, and conformance to the body surface area. Additional measurements can include how the product follows the natural lines of the body, the relative motion between portions of the product and the body, and bunching, twisting or roping of the surface topography of the product. Examples of product features analyzing the fit of the product include product deformation such as can be determined by the measurement of product movement or shift during wear (i.e., during wearer movement) and gaps formed between the product and the body... Analysis 34 of the performance of the body and product features typically indicates changes that may be made to the product for improved performance. If the desired performance level is not achieved, or if additional testing is desired, the product sub-model 22 is redesigned in order to modify the performance of the product feature. For example, a concentration of tensile stresses in a particular region of the product may indicate that a material or shape change needs to be made in that region. The product developer may also revise the wearer sub-model 20 to revise the body that the product is being evaluated on. Additionally, the environmental sub-model can be modified to account for different environmental conditions. After modifying one or more characteristics of the sub-models 20, 22, 24, the steps of running the interaction model 28 and the use model 30 and to obtain new results 32 are performed. The results 32 are again analyzed at step 34 to evaluate the new design. wherein at least one specific upholstery element is then determined from the set of mutually different upholstery elements as a function of the loading indices assigned to the respective upholstery elements by the computing unit. [0098], [0106] Analysis 34 of the performance of the body and product features typically indicates changes that may be made to the product for improved performance. If the desired performance level is not achieved, or if additional testing is desired, the product sub-model 22 is redesigned in order to modify the performance of the product feature. For example, a concentration of tensile stresses in a particular region of the product may indicate that a material or shape change needs to be made in that region. The product developer may also revise the wearer sub-model 20 to revise the body that the product is being evaluated on. Additionally, the environmental sub-model can be modified to account for different environmental conditions. After modifying one or more characteristics of the sub-models 20, 22, 24, the steps of running the interaction model 28 and the use model 30 and to obtain new results 32 are performed. The results 32 are again analyzed at step 34 to evaluate the new design. In this manner, results of a product analysis may be fed back into the product design process in an iterative manner until the design of a product meets whatever goals are set out for it. The product developer may decide at step 36 to modify the sub-models, or a software program may perform an iterative process to obtain results 32 within a specified range of values. Once acceptable or optimum performance levels for the performance features are determined, the product sub-model 22 can be used as an aid in designing a prototype of the product or specific components of the product. As per claim 2, Stabelfeldt discloses: wherein the virtual body loading is computed such that, for different areas of the selected body surface, in each case a pressure loading on the body surface in the respective area is computed as a function of the corresponding mechanical cushioning properties of the respective upholstery model and the physiological body properties of the body of the specific person. [0090], [0098], [0106] Referring now to FIG. 11, the interaction model 28 is intended to establish interactive relationships between the sub-models 20, 22 and 24 and includes both additional constraints as well as dynamic instructions. In one embodiment, the interaction model 28 defines how the product as defined in the product sub-model 22 is applied to the body as defined in the wearer sub-model 22. For example, the interaction model 28 may constrain the product components (from the product sub-model 22) from penetrating the wearer (from the wearer sub-model 20). The interaction model 28 may also specify how the product and body are to move to facilitate the virtual donning of a product. The interaction model 28 may specify the stresses, forces, contacts pressures, displacements, velocities or accelerations (in the product or the body) at a node, along a line or on a surface. Additionally, the interaction model 28 may account for placement of the product on the body which can affect performance. In one embodiment, an external pad pusher is used to apply and position a feminine hygiene pad relative the body, and then removed for the remainder of the run. The interaction model 28 may account for realistic application (in terms of force, location) of the product to the body (vs. another approach, such as an expanding second skin that becomes a product)… Referring now to FIG. 12, the virtual use model 30 combines and integrates instructions and model definitions from the wearer sub-model 20, the product sub-model 22, the environment sub-model 24 and the interaction model 28, to define a virtual use simulation. The use model 30 calculates or otherwise determines the forces, stresses and strains caused by movement and interaction between the virtual wearer sub-model 20, the virtual product sub-model 22 and the environment sub-model 24 using FEA analysis to produce simulation results 32. As per claim 3, Stabelfeldt discloses: wherein the virtual body loading is computed such that a biometric deformation of the body of the specific person is computed as a function of the corresponding mechanical cushioning properties of the respective upholstery model and the physiological body properties of the body of the specific person. [0106], [0119] Analysis 34 of the performance of the body and product features typically indicates changes that may be made to the product for improved performance. If the desired performance level is not achieved, or if additional testing is desired, the product sub-model 22 is redesigned in order to modify the performance of the product feature. For example, a concentration of tensile stresses in a particular region of the product may indicate that a material or shape change needs to be made in that region. The product developer may also revise the wearer sub-model 20 to revise the body that the product is being evaluated on. Additionally, the environmental sub-model can be modified to account for different environmental conditions. After modifying one or more characteristics of the sub-models 20, 22, 24, the steps of running the interaction model 28 and the use model 30 and to obtain new results 32 are performed. The results 32 are again analyzed at step 34 to evaluate the new design… The third embodiment included a dynamic wearer with an internal bone structure, joints, and deformable soft tissue. In this embodiment, deformation of the product and wearer were investigated along with stresses, contact pressures, and force vectors over a range of wearer motion. To incorporate motion into the user, it was necessary to update the user from a rigid model with a compliant surface to a completely soft model with an internal bone structure. The model was given a simplified backbone, pelvis, and two femurs. Specifications of the material properties for both the soft tissue and the bones in this embodiment As per claim 5, Stabelfeldt discloses: wherein the mechanical cushioning properties are specified in each case by a virtual spring force element of their area with a defined restoring force. [0090-0094] The interaction model 28 may also specify how the product and body are to move to facilitate the virtual donning of a product. The interaction model 28 may specify the stresses, forces, contacts pressures, displacements, velocities or accelerations (in the product or the body) at a node, along a line or on a surface. Additionally, the interaction model 28 may account for placement of the product on the body which can affect performance. In one embodiment, an external pad pusher is used to apply and position a feminine hygiene pad relative the body, and then removed for the remainder of the run. The interaction model 28 may account for realistic application (in terms of force, location) of the product to the body (vs. another approach, such as an expanding second skin that becomes a product). Additionally, the expected latitude in product placement due to individual preference can be defined in the interaction model 28. The interaction model 28 can force the product into a certain configuration to position the product and then relax to allow the product to reach an equilibrium condition determined by the internal forces of the product. For example, waist elastics on a diaper are forced into a desired position relative the wearer and then the internal forces of the diaper are allowed to move the diaper into an equilibrium position on the wearer. As per claim 6, Stabelfeldt discloses: wherein the mechanical cushioning properties are specified in each case by the virtual spring force element of its area and a virtual spring force element of at least one neighboring area. [0090-0094] The interaction model 28 may also specify how the product and body are to move to facilitate the virtual donning of a product. The interaction model 28 may specify the stresses, forces, contacts pressures, displacements, velocities or accelerations (in the product or the body) at a node, along a line or on a surface. Additionally, the interaction model 28 may account for placement of the product on the body which can affect performance. In one embodiment, an external pad pusher is used to apply and position a feminine hygiene pad relative the body, and then removed for the remainder of the run. The interaction model 28 may account for realistic application (in terms of force, location) of the product to the body (vs. another approach, such as an expanding second skin that becomes a product). Additionally, the expected latitude in product placement due to individual preference can be defined in the interaction model 28. The interaction model 28 can force the product into a certain configuration to position the product and then relax to allow the product to reach an equilibrium condition determined by the internal forces of the product. For example, waist elastics on a diaper are forced into a desired position relative the wearer and then the internal forces of the diaper are allowed to move the diaper into an equilibrium position on the wearer. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Stabelfeldt, et al. (US Patent Application Publication 20050256686), “Stabelfeldt”. As per claim 4, Stabelfeldt, as shown and mapped below, discloses the interaction model containing the loading preference specifying how the product and body interact, however does not expressly disclose this feature as part of the body model. In re Japikse, one having ordinary skill in the art would recognize that storing the loading preference in the body model or interaction model is itself an obvious design choice. wherein the body model contains at least one upholstery loading preference of the specific person, wherein the body surface on which the computing of the virtual body loading is based is selected as a function of the at least one upholstery loading preference. [0090] Referring now to FIG. 11, the interaction model 28 is intended to establish interactive relationships between the sub-models 20, 22 and 24 and includes both additional constraints as well as dynamic instructions. In one embodiment, the interaction model 28 defines how the product as defined in the product sub-model 22 is applied to the body as defined in the wearer sub-model 22. For example, the interaction model 28 may constrain the product components (from the product sub-model 22) from penetrating the wearer (from the wearer sub-model 20). The interaction model 28 may also specify how the product and body are to move to facilitate the virtual donning of a product. The interaction model 28 may specify the stresses, forces, contacts pressures, displacements, velocities or accelerations (in the product or the body) at a node, along a line or on a surface. Additionally, the interaction model 28 may account for placement of the product on the body which can affect performance. In one embodiment, an external pad pusher is used to apply and position a feminine hygiene pad relative the body, and then removed for the remainder of the run. The interaction model 28 may account for realistic application (in terms of force, location) of the product to the body (vs. another approach, such as an expanding second skin that becomes a product). Additionally, the expected latitude in product placement due to individual preference can be defined in the interaction model 28. The interaction model 28 can force the product into a certain configuration to position the product and then relax to allow the product to reach an equilibrium condition determined by the internal forces of the product. For example, waist elastics on a diaper are forced into a desired position relative the wearer and then the internal forces of the diaper are allowed to move the diaper into an equilibrium position on the wearer… The body sub-model, the product sub-model and the interaction model are combined in a use model which simulates an elapse of time during which the at least one parameter is modified to thereby modify the product sub-model from a first condition of the product to a second condition thereof. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Stabelfeldt with the ability to have to body model contain the loading preference, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Furthermore, one having ordinary skill in the art would recognize that the threshold value itself is an obvious design choice. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Stabelfeldt, et al. (US Patent Application Publication 20050256686), “Stabelfeldt” in view of Ay, et al. (US Patent Application Publication 20180147062). As per claim 8, Stabelfeldt does not expressly disclose the following, Ay, however discloses: wherein the body model is provided such that, by at least one digital image of at least part of the body of the specific person first being recorded by a camera, body features are recognized from the at least one recorded digital image of an image processing unit, and the body model (KM) of the specific person is then created or supplemented based on the recognized body features. [0103], [0110], 0182]The systems and methods disclosed can include acquiring data, creating digital models, manufacturing the digitally created models, or any combination thereof. For example, data can be acquired with one or more data acquisition devices (e.g., imaging devices, sensors, computing devices, digital hand drawings, or any other image capturing technique). For example, the imaging devices can include one or multiple scanners, cameras, x-ray devices, magnetic resonance image (MRI) systems, ultrasound systems, ultrasonographic systems, computerized tomography (CT) systems, or any combination thereof… The 3D models disclosed can be created based on visual and/or mathematical data (e.g., measurements) associated with one or more reference and/or target objects. The visual and/or mathematical data can include the digital images of the objects and analyses of the digital images (e.g., measurements and/or quantifications of geometric features of the objects)… As described above, reference and target objects can be any physical or digital object from a set of topologically isomorphic physical or digital objects. Physical objects can be any object which exists in 3D physical space. Examples of physical objects include the torso of a human, a surface of a chair, a torso of a dog, a knee of a human, a leg of a human, a back of a chair, a leg of a chair, a tail of a dog, a leg of a dog. Digital objects can be any 2D or 3D object represented in a format that can be parsed and rendered by any modern computing device and has been designed using Computer Aided Design (CAD) software and/or by a computer algorithm. Examples of digital objects include a drawing of a torso of a cat, a drawing of a leg of a dog, a drawing of a tail of a cat, a 3D degree rendering of a desk, a 3D degree rendering of the raised surface of a desk, a 2D image of cup of coffee, a 3D rendering of coffee in a cup, a 2D image of a knee of a human, a drawing of a subject's body or a portion thereof, or any digital model of a physical object. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Stabelfeldt with the ability to generate 3D models based on image data as taught by Ay, doing so further allows target objects to be created based on real images [0110]. As per claim 9 and the following: A data processing system configured to perform the method as claimed in claim 1, comprising a digital data memory for providing the upholstery models and the body model and a computing unit configured to compute the virtual body loading, the pressure loading indices and to determine the at least one upholstery element. As shown above, Stabelfeldt discloses the method 1 and software to perform the computing functions [0056], [0098], [0106]. Stabelfeldt is however silent with regards to disclosing the system comprising data memory. Ay, however discloses it was known in the art at the time the invention was filed to store the software in digital memory [0136-0138] to be executed by a computing unit. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Stabelfeldt with the ability to store the software in non-volatile memory [0136-0138] to be executed by processor as taught by Ay, doing so further provides a system to execute the software [0136-0138]. As per claim 10 and the following: A computer program having program code encoded on a non-transient computer readable medium configured to perform the method as claimed in claim 1 when the computer program is executed on a data processing system. As shown above, Stabelfeldt discloses the method 1 and software to perform the computing functions [0056], [0098], [0106]. Stabelfeldt is however silent with regards to disclosing a non-transient computer readable medium. Ay, however discloses it was known in the art at the time the invention was filed to store the software in non-volatile storage medium [0136-0138] to be executed by a modeling unit. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Stabelfeldt with the ability to store the software in non-volatile memory [0136-0138] to be executed by processor as taught by Ay, doing so further provides a system to execute the software [0136-0138]. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Stabelfeldt, et al. (US Patent Application Publication 20050256686), “Stabelfeldt” in view of Loeb, et al. (US Patent Application Publication 20210350436). As per claim 7, Stabelfeldt does not expressly disclose the following, Loeb, however discloses: wherein the restoring force of the virtual spring force elements of each upholstery element (Px) is determined through a previous measurement of the restoring force in the respective areas at which the mechanical cushioning property is specified. [0055-0058] Tactile compliance may be obtained while pushing the tactile sensor into a surface of the object with a normal force in the range of, for example, 0.2-15 N. A measure of a normal force and displacement may be used to determine a ratio of displacement to normal force in the time-varying signals, indicative of the tactile compliance….… Tactile damping may be obtained from the time-varying signals indicative of normal force and displacement when pushing a tactile sensor into a surface of the object with a normal force in the range of, for example, 0.2-15 N and then reducing that force while maintaining contact with the object. The ratio of energy recovered from the object during the lifting to energy required to compress the object in the time-varying signals may be indicative of the tactile damping. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Stabelfeldt with the ability to use the actual tactile measurements for as taught by Loeb, doing so further assist in informing users of the actual haptic properties of the products based on real data [Abstract, 0034]. Allowable Subject Matter Claims 11-14 are allowed. Based on the prior art search results, the prior art of record fails to anticipate or render obvious the claimed subject matter of the instant application. While some individual features of claims 11 may be shown in the prior art of record, one having ordinary skill in the art would not be motivated to modify the prior art to teach the method of claim 11 and corresponding system of claim 14. The closest art of record Loeb, (US Patent Application Publication 20210350436) discloses “A method for assisting product selection according to haptic properties involves obtaining at least one product search criterion in a user interface, identifying relevant products, based on the at least one product search criterion, and displaying the relevant products in the user interface. The method further involves obtaining haptic properties for the relevant products, and updating the user interface based on the haptic properties of the relevant products. The haptic properties include values for a multitude of dimensions of touch, previously measured using sensing modalities of a haptic measurement system.” McCulloch (US Patent Application Publication 20130286004) discloses “Technology is described for displaying a collision between objects by an augmented reality display device system. A collision between a real object and a virtual object is identified based on three dimensional space position data of the objects. At least one effect on at least one physical property of the real object is determined based on physical properties of the real object, like a change in surface shape, and physical interaction characteristics of the collision. Simulation image data is generated and displayed simulating the effect on the real object by the augmented reality display. Virtual objects under control of different executing applications can also interact with one another in collisions.” Zhang (CN 105956224) discloses “The invention claims a problem for measuring the seat simulation model H point of the loading method, only the seat is overcome, it can measure the seat H point and cannot the H point in the seat simulation model, step is 1. self gravity loading the H point measuring only with calf weight block loaded in the gravity direction, the H-point measuring apparatus under the action of gravity stable underground fall on the seat mould, the loading time interval is 0 to 1.2 seconds, 2. applying a horizontal load on the H point measuring meter of horizontal load position (24) application level load is 56 to 76N along the direction of the T-shaped frame (13); 3. applying thigh load loaded on the two thigh weight block seat (8), the time interval is 0.3 to 1.2 seconds, 4. the 2 application level load, 5. applying a hip body load, 6. the 3 application level load, 7. applying chest load, 8. the 4 application level load, 9. seat H point data extraction.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY S CUNNINGHAM II whose telephone number is (313)446-6564. The examiner can normally be reached Mon-Fri 8:30am-4pm. 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, Bennett Sigmond can be reached at 303-297-4411. 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. GREGORY S. CUNNINGHAM II Primary Examiner Art Unit 3694 /GREGORY S CUNNINGHAM II/Primary Examiner, Art Unit 3694
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Prosecution Timeline

Dec 28, 2022
Application Filed
Feb 24, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Expected OA Rounds
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99%
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3y 0m
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