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 Objections
Claims 1-14 objected to because of the following informalities: The use of any capitalized letters should only appear in the first of word the claim. Consequently claims 1, 2, 7, and 12-14 are objected to for using capitalized letters and the word “Interface” in claim 2. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 5 recites the broad recitation the base is a “body” and the claim also recites “preferably thin” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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, 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pozzi (8,782,835). Applicant is reminded claims are drawn to an article and have been examined as to the limitations of the article claim only. Method steps are not giving patentable weight in an article claim. Pozzi shows the use of a modular seat bottom cushion (20), configured to be attached to a seat structure (Fig. 3) having a seat bottom structure comprising two lateral flanges (see Fig. 3) spaced apart by a front transverse tube (34) and a rear transverse tube (34), the modular seat bottom cushion comprising, in the assembled state: a base(26,38,40) , comprising a mechanical interface system (30,36) for attachment to the seat bottom structure, a padding (22) resting on an upper surface of the base, a covering (col. 3 line 64) which covers the padding, and wherein the mechanical interface system comprises: a rear mechanical interface on a rear part of the base, comprising a first U-shaped open recess (30), configured to house the rear tube, pivotably around the rear tube, a front mechanical interface, on a front part of the base, comprising a second U-shaped open recess (30), configured to house the front tube in a mechanically lockable manner via a locking system (snap fit) of the front mechanical interface, and wherein the mechanical interface system is configured to allow the attachment of the modular seat bottom cushion by the following steps: placing the rear mechanical interface opposite the rear tube and inserting the rear tube into the first recess, and pivoting the modular cushion around the rear tube then fitted into the first U-shaped recess of the rear mechanical interface until the front tube is inserted into the second recess of the front mechanical interface and mechanically locking the front tube in the second recess via the system for locking the front mechanical interface (snap fit arrangement). Regarding claim 2, the locking system of the front mechanical interface is elastically deformable (in order to provide the snap fit connection).
Claim(s) 1-3, 6, 8-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Creed et al (5,485,976). Applicant is reminded claims are drawn to an article and have been examined as to the limitations of the article claim only. Method steps are not giving patentable weight in an article claim. Creed et al. shows the use of a modular seat bottom cushion (70), configured to be attached to a seat structure (10) having a seat bottom structure comprising two lateral flanges (25) spaced apart by a front transverse tube (20) and a rear transverse tube (22), the modular seat bottom cushion comprising, in the assembled state: a base (80) , comprising a mechanical interface system (94,96) for attachment to the seat bottom structure, a padding (73) resting on an upper surface of the base, a covering (75) which covers the padding, and wherein the mechanical interface system comprises: a rear mechanical interface on a rear part of the base, comprising a first U-shaped open recess (96c), configured to house the rear tube, pivotably around the rear tube, a front mechanical interface, on a front part of the base, comprising a second U-shaped open recess (94c), configured to house the front tube in a mechanically lockable manner via a locking system (snap fit) of the front mechanical interface, and wherein the mechanical interface system is configured to allow the attachment of the modular seat bottom cushion by the following steps: placing the rear mechanical interface opposite the rear tube and inserting the rear tube into the first recess, and pivoting the modular cushion around the rear tube then fitted into the first U-shaped recess of the rear mechanical interface until the front tube is inserted into the second recess of the front mechanical interface and mechanically locking the front tube in the second recess via the system for locking the front mechanical interface (snap fit arrangement). Regarding claim 2, the locking system of the front mechanical interface is elastically deformable (in order to provide the snap fit connection, see col. 8 lines 34-54). Regarding claim 6, Creed et al. has disclosed that the base is formed from via injection molding (see col. 9 lines 4-5). Regarding claim 8, Creed et al. shows a groove (the groove between 94d and 83) of the second elastically deformable recess (see Fig. 6) having a groove inlet of smaller dimension than the diameter of the front tube, the groove having an inner section adjusted to the section of the front tube of greater dimension than the groove inlet, configured so that the front tube is inserted into the groove inlet by deforming it elastically (see col. 8, lines 34-54), and so that once the front tube is received in the second recess of the front mechanical interface, the groove inlet returns elastically to its position while keeping the front tube elastically locked in the second recess. Regarding claims 9-10, Creed et al. shows the base is an injection molded body and wherein the base comprises a suspension system (81,83,84) on a central portion (Fig. 5) of the base between a first lateral edge (97) and a second lateral edge (98) of the body, and wherein the suspension system is obtained during injection molding and consists of an open elastic portion of the base (85), extending, over a central portion (90), between the first lateral edge and the second lateral edge near the rear edge compared to the front edge (as Creed et al. has disclosed that the shapes of the elastic portion extending around the base may have other shapes (col. 8, line 56-63) which would allow the suspension to be closer to the rear edge rather than the front edge during the injection molding process).
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.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pozzi. Pozzi has disclosed all of the teachings of the claimed invention and consequently the method steps as recited would have been incorporated within the use of the invention as taught by Pozzi.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Creed et al. Creed et al. has disclosed all of the teachings of the claimed invention and consequently the method steps as recited would have been incorporated within the use of the invention as taught by Creed et al.
Allowable Subject Matter
Claims 4, 7 and 11 are 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.
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. 10,661,905, 9,764,844, and 4,065,182 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.
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
December 31, 2025