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) 1-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beaty Bishop (7,628,119). Beaty Bishop shows the use of an assembly comprising a trim cover (70) sized to be received on a seat cushion, whereby a gap is defined between a bottom front edge of the trim cover and a seat frame; and a flap (40) comprising an upper edge connected to the trim cover 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 4-7, the upper edge of the flap is connected to the trim cover by a slide fastener (78), in the form of a zipper and in regards to claims 5-6 a pair of sliders (78,79) in opposite directions (Fig. 2). Regarding claim 8, the lower edge comprises a retainer (67) connectable to a flap anchor. Regarding claim 9, the retainer comprises a pair of resilient walls (65) defining a cylindrical interior and slot to receive the flap anchor, (as the retainer is a rubber tubing forming a loop).
Claim(s) 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bullard (6,702,378). Bullard shows an assembly comprising a trim cover received on a seat cushion (20), the seat cushion movable between a first position in which a gap below a front bottom edge of the trim cover has a first height (Fig. 2) and a second position in which the gap has a second height (Fig. 4) less than the first height; and a flap comprising an upper edge (indirectly) connected to the trim cover (via a seat frame (22)) and a lower edge connected to a flap anchor (18), the flap is adapted to conceal the gap, wherein the flap is tensioned when in the first position (Fig. 2,7) and is folded (about the skirt bar) when in the second position. Regarding claims 13-14 and 20 the flap anchor is connected to the seat frame that supports the seat cushion and the comprises an elongated member that connects to a retainer (64) on the flap. Regarding claims 15-16, the flap is releasably connected to the trim cover via the seat frame by a slide fastener (56) . Regarding claim 17, Bullard shows the use of a seat cushion (20) disposed on a seat pan (22) and a pair of longitudinal rails (see Fig. 7) and a flap anchor (18) disposed below the seat pan (as shown in Fig. 7). Regarding claim 19, the flap is made from elastomeric fibers (see col. 4 line 9).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference Nos, 11,317,723 and 6,871,910 show features of the claimed invention.
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.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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March 06, 2026
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