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 .
Claim Rejections - 35 USC § 102
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, 8-15, 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaffney (3250569). Gaffney shows the use of an assembly comprising a trim cover (85) sized to be received on a seat cushion (81), whereby a gap is defined between a bottom front edge of the trim cover and a seat frame (20,22); wherein the seat cushion is movable between an in-use position (lift) in which the gap is defined by a first height (Fig. 2) and a stowed position (Fig. 7) in which the gap is defined by a second height lees than the first height; and a flap (82) comprising an upper edge releasably connected to the trim cover (via the cushion) and a lower edge connectable to the seat frame, the flap is adapted to conceal the gap, wherein: the flap is flexible and such that the flap covers the gap when the seat cushion moves between an in-use position (Fig. 2) and a stowed position, such that the flap is tensioned in the in-use position and is folded in the stowed position (Fig. 5). Regarding claims 8 and 14, the lower edge of the flap comprises a retainer (83) connectable to a flap anchor (bottom surface of the frame). Regarding claims 9-10, the retainer comprises a pair of resilient walls (Fig. 2) defining a cylindrical interior and slot (the bottom opening ) to receive the flap anchor, (as the base panel is inserted in the tubular/cylindrical interior) the retainer extends an entire width of the lower edge of the flap. Regarding claim 17, a frame (19-25) comprises a pair of longitudinal rails (26), a seat pan (21) and a flap anchor (20) disposed below the seat pan, whereby a seat cushion (81) is disposed on the seat pan with a trim cover (85) and a flap (82) formed of elastomeric fibers (see col. 4 line 38). Regarding claim 20, the flap anchor has one end (left side) connected to one of the longitudinal rails and another end (right side) connected to the other rail (Fig. 7) whereby an intermediate portion (the area between the two ends) is connected to the retainer (83) of the flap (as the flap is tubular/cylindrical sleeve that is placed on a bottom of the anchor (Fig. 3)).
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.
Claims 4-7, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaffney in view of Bishop (7,628,119). Gaffney shows all of the teachings of the claimed invention except the use of a slide fastener to connect the flap. Bishop teaches the use of a flap is connected to a trim cover by a slide fastener (78), in the form of a zipper. Regarding claims 5-6, Bishop shows a pair of sliders (78,79) in opposite directions (Fig. 2). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the flap of Gaffney with the slider as taught by Bishop in order to allow for a more secure fit.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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. 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.
/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
adb
August 25, 2026
Prosecution Insights