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 .
RESPONSE TO AMENDMENT
Claims 1-11 are pending in the application.
Amendments to the claims 1-8, filed on 23 December 2025, have been entered in the above-identified application.
Answers to Applicant's Arguments
Applicant's arguments in the response filed 23 December 2025, regarding the double patenting rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of applicant's arguments and amendments to the claims.
Applicant's arguments in the response filed 23 December 2025, regarding the 35 U.S.C. §112, §102, and §103 rejections made of record, have been fully considered and are deemed persuasive. The rejections have been withdrawn in view of applicant's arguments and amendments to the claims.
New and Repeated Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Double Patenting
Claims 1, 2, 9, and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 8, 10, 13, and 14 of copending Application No. 18/552,894 in view of Buff (US 3,512,190 A).
Regarding Instant Claim 1: Kunimoto claims a seat covering material comprising at least: an outer layer; a resin foam layer; and a lining layer, wherein the outer layer, the resin foam layer, and the lining layer are arranged in this order, at least one of the lining layer or the resin foam layer has a cut, and a depth of the cut in the lining layer is a depth that reaches the resin foam layer but does not penetrate the resin foam layer (claims 1, 3, 4, and 8 of Kunimoto).
Kunimoto fails to disclose --a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape--.
Buff discloses a cushion construction comprising a flexible foamed polyurethane cushion in which the functional surface is characterized by a plurality of individual segments positioned adjacent each other in contiguous relationship, formed by forming slit lines in the functional surface, the slit lines intersecting one another (figure 1, [Col. 1: li. 13-35 and 63-72], [Col. 2: li. 1-28], and [Col. 3: li. 16-23] of Buff). (In the instant case, Buff discloses a cut with a crisscross shape.)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto in order to have --a shape of the cut is one or more of a crisscross shape or a lattice shape--. One of ordinary skill in the art would have been motivated to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto, from the stand-point of having a number of contiguous segments that forma functional surface that substantially reproduces the contour of a body placed thereon ([Col. 1: li. 13-29] of Buff). (In the instant case, the crisscross cut disclosed by Buff is incorporated into the foam resin layer as "the cut" of the seat covering of Kunimoto.)
Regarding Instant Claim 2: Kunimoto claims a seat covering material comprising at least: an outer layer; a resin foam layer; and a lining layer, wherein the outer layer, the resin foam layer, and the lining layer are arranged in this order, at least one of the lining layer or the resin foam layer has a cut, and a depth of the cut in the lining layer is a depth that penetrates the resin foam layer but does not reach the outer layer (claims 1, 3, 5, and 10 of Kunimoto).
Kunimoto fails to disclose --a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape--.
Buff discloses a cushion construction comprising a flexible foamed polyurethane cushion in which the functional surface is characterized by a plurality of individual segments positioned adjacent each other in contiguous relationship, formed by forming slit lines in the functional surface, the slit lines intersecting one another (figure 1, [Col. 1: li. 13-35 and 63-72], [Col. 2: li. 1-28], and [Col. 3: li. 16-23] of Buff). (In the instant case, Buff discloses a cut with a crisscross shape.)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto in order to have --a shape of the cut is one or more of a crisscross shape or a lattice shape--. One of ordinary skill in the art would have been motivated to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto, from the stand-point of having a number of contiguous segments that forma functional surface that substantially reproduces the contour of a body placed thereon ([Col. 1: li. 13-29] of Buff). (In the instant case, the crisscross cut disclosed by Buff is incorporated into the foam resin layer as "the cut" of the seat covering of Kunimoto.)
Regarding Instant Claim 9: Kunimoto in view of Buff claims a seat comprising the seat covering material according to claim 1 (claims 1, 4, and 13 of Kunimoto).
Regarding Instant Claim 10: Kunimoto in view of Buff claims a seat comprising the seat covering material according to claim 2 (claims 1, 5, and 14 of Kunimoto).
This is a provisional nonstatutory double patenting rejection.
Claim Objections
Claims 2 and 3 are objected to because of the following informalities:
With Regards to Claim 2: Instant claim 2 recites --has a cut, and-- in line 7, which appears to be a typographical error; it is recommended to correct this to read "has a cut, [[and]]".
With Regards to Claim 3: Instant claim 3 recites --has a cut, and-- in line 6, which appears to be a typographical error; it is recommended to correct this to read "has a cut, [[and]]".
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-11 are 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.
With Regards to Claims 1 and 9: Instant claim 1 recites --a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape-- in line 10. While a person having ordinary skill in the art would understand what a crisscross shape and a U shape can be, the "lattice shape" is not clear, and the instant specification is silent with regards to what it could be. (Note: "Crisscross" is well known to have a '+', a '‡', or even a '#' shape with one or more crossing lines (or in this case cuts). Ordinarily, "lattice" could have been interpreted to be multiple intersecting lines, but since crisscross covers this shape, it would appear to be more a pattern than a shape, as "lattice" is well-known to be a regular geometric arrangement.) Therefore, a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention.
Claim 9, which depends upon claim 1, is rejected for the same reasons above.
With Regards to Claims 2 and 10: Instant claim 2 recites --a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape-- in line 10. While a person having ordinary skill in the art would understand what a crisscross shape and a U shape can be, the "lattice shape" is not clear, and the instant specification is silent with regards to what it could be. (Note: "Crisscross" is well known to have a '+', a '‡', or even a '#' shape in which two or more lines (cuts) cross. Ordinarily, "lattice" could have been interpreted to be multiple intersecting lines, but since crisscross covers this shape, it would appear to be more a pattern than a shape, as "lattice" is well-known to be a regular geometric arrangement.) Therefore, a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention.
Claim 10, which depends upon claim 2, is rejected for the same reasons above.
With Regards to Claims 3-8 and 11: Instant claim 3 recites --a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape-- in line 10. While a person having ordinary skill in the art would understand what a crisscross shape and a U shape can be, the "lattice shape" is not clear, and the instant specification is silent with regards to what it could be. (Note: "Crisscross" is well known to have a '+', a '‡', or even a '#' shape with one or more crossing lines (or in this case cuts). Ordinarily, "lattice" could have been interpreted to be multiple intersecting lines, but since crisscross covers this shape, it would appear to be more a pattern than a shape, as "lattice" is well-known to be a regular geometric arrangement.) Therefore, a person having ordinary skill in the art at the time the invention was made would not be adequately apprised as to the intended scope of the claimed invention.
Claims 4-8 and 11, which depend upon claim 3, are rejected for the same reasons above.
Claim Rejections - 35 USC § 103
Claims 1, 2, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kunimoto (US 2024/0181945 A1) in view of Buff (US 3,512,190 A).
Regarding Claims 1 and 2: Kunimoto discloses a seat covering material (ref. #1) comprising an outer layer (ref. #2), a resin foam layer (ref. #3) adhered to a back surface of the outer layer, and a lining layer (ref. #4) on the back surface of the resin foam layer ([0021] of Kunimoto). Kunimoto also discloses slits (ref. #5) or holes (ref. #6) are formed in the lining layer to positions reaching the resin foam layer (figures 5, 6, and [0021] of Kunimoto). Specifically, Kunimoto provides for --a seat covering material comprising at least: an outer layer; a resin foam layer; and a lining layer, wherein the outer layer, the resin foam layer, and the lining layer are arranged in this order, at least one of the lining layer or the resin foam layer has a cut-- {instant claims 1 and 2}.
Kunimoto fails to disclose --a depth of the cut in the lining layer is a depth that reaches the resin foam layer but does not penetrate the resin foam layer, and a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape-- {instant claim 1} or --a depth of the cut in the lining layer is a depth that penetrates the resin foam layer but does not reach the outer layer, and a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape-- {instant claim 2}.
Buff discloses a cushion construction comprising a flexible foamed polyurethane cushion in which the functional surface is characterized by a plurality of individual segments positioned adjacent each other in contiguous relationship, formed by forming slit lines in the functional surface, the slit lines intersecting one another (figure 1, [Col. 1: li. 13-35 and 63-72], [Col. 2: li. 1-28], and [Col. 3: li. 16-23] of Buff). (In the instant case, Buff discloses a cut with a crisscross shape.)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto in order to have --a shape of the cut is one or more of a crisscross shape or a lattice shape-- {instant claims 1 and 2}. One of ordinary skill in the art would have been motivated to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto, from the stand-point of having a number of contiguous segments that forma functional surface that substantially reproduces the contour of a body placed thereon ([Col. 1: li. 13-29] of Buff). (In the instant case, the crisscross cut disclosed by Buff is incorporated into the foam resin layer as "the cut" of the seat covering of Kunimoto.)
Regarding Claims 9 and 10: Kunimoto in view of Buff discloses a seat comprising the seat covering material ([0021]-[0023] of Kunimoto).
Claims 3, 6, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kunimoto (US 2024/0181945 A1) in view of Nii et al. (US 2016/0107551 A1) and Buff (US 3,512,190 A).
Regarding Claim 3: Kunimoto discloses a seat covering material (ref. #1) comprising an outer layer (ref. #2), a resin foam layer (ref. #3) adhered to a back surface of the outer layer, and a lining layer (ref. #4) on the back surface of the resin foam layer ([0021] of Kunimoto). Kunimoto also discloses slits (ref. #5) or holes (ref. #6) are formed in the lining layer to positions reaching the resin foam layer (figures 5, 6, and [0021] of Kunimoto). Specifically, Kunimoto provides for --a seat covering material comprising at least: an outer layer; a resin foam layer; and a lining layer, wherein the lining layer has a cut--.
Kunimoto fails to disclose --the lining layer comprises a first lining layer and a second lining layer; each of the lining layer and the resin foam layer has a cut; a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape; the outer layer, the first lining layer, the resin foam layer, and the second lining layer are arranged in this order; and the cut of the lining layer is formed in at least one of the first lining layer or the second lining layer--.
Nii discloses a vehicle seat comprising a seat cover (ref. #4S) formed by stacking and integrating a first part (ref. #21) and a second part (ref. #22), the first part is formed of a surface material (ref. #21A) and a flexible material (ref. #21B), the surface material is a sheet material having breathability (e.g., leather), the flexible material is a sheet having breathability, and wherein the second part is formed of a material with poor breathability ([0019] and [0028]-[0030] of Nii).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the seat cover of Nii with the outer layer of the seat covering disclosed by Kunimoto in order to have --the lining layer comprises a first lining layer and a second lining layer, the outer layer, the first lining layer, the resin foam layer, and the second lining layer are arranged in this order, and the cut of the lining layer is formed in at least one of the first lining layer or the second lining layer--. One of ordinary skill in the art would have been motivated to have incorporated the seat cover of Nii with the outer layer of the seat covering disclosed by Kunimoto, from the stand-point of preventing excessive impregnation of the foamed material into the seat cover ([0030] and [0047] of Nii). (In the instant case, the second part of Nii would maintain the breathability of the outer layer disclosed by Kunimoto when the resin foam layer is foamed.)
Kunimoto in view of Nii fails to disclose --a shape of the cut is one or more of a crisscross shape, a U shape, or a lattice shape--.
Buff discloses a cushion construction comprising a flexible foamed polyurethane cushion in which the functional surface is characterized by a plurality of individual segments positioned adjacent each other in contiguous relationship, formed by forming slit lines in the functional surface, the slit lines intersecting one another (figure 1, [Col. 1: li. 13-35 and 63-72], [Col. 2: li. 1-28], and [Col. 3: li. 16-23] of Buff). (In the instant case, Buff discloses a cut with a crisscross shape.)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto in view of Nii in order to have --a shape of the cut is one or more of a crisscross shape or a lattice shape--. One of ordinary skill in the art would have been motivated to have incorporated the slit lines of Buff into the resin foam layer of the seat covering material disclosed by Kunimoto in view of Nii, from the stand-point of having a number of contiguous segments that forma functional surface that substantially reproduces the contour of a body placed thereon ([Col. 1: li. 13-29] of Buff). (In the instant case, the crisscross cut disclosed by Buff is incorporated into the foam resin layer as "the cut" of the seat covering of Kunimoto, wherein the cut extends through both the second lining layer and the resin foam layer and matches the shape disclosed by Buff.)
Regarding Claim 6: Kunimoto in view of Nii and Buff discloses that the cut of the lining layer is formed in the second lining layer, and a depth of the cut in the second lining layer is a depth that does not penetrate the resin foam layer (figure 5 and [0021] of Kunimoto).
Regarding Claim 7: Kunimoto in view of Nii and Buff discloses that the cut of the lining layer is formed in the second lining layer, and a depth of the cut in the second lining layer is a depth that penetrates the resin foam layer and reaches the first lining layer (figure 6, [0010], and [0040] of Kunimoto).
Regarding Claim 11: Kunimoto in view of Nii and Buff discloses a seat comprising the seat covering material ([0021]-[0023] of Kunimoto).
Allowable Subject Matter
Claims 4, 5, and 8 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.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to the closest prior art of record Kunimoto (US 2024/0181945 A1): Kunimoto teaches --a seat covering material--, wherein Kunimoto's seat covering material further comprises the structure -- Kunimoto discloses a seat covering material (ref. #1) comprising an outer layer (ref. #2), a resin foam layer (ref. #3) adhered to a back surface of the outer layer, and a lining layer (ref. #4) on the back surface of the resin foam layer; slits (ref. #5) or holes (ref. #6) are formed in the lining layer to positions reaching the resin foam layer; wherein in one example that the thickness of the lining layer can be 0.2 mm, the thickness of the resin foam layer can be 5 mm to 10 mm, and that the depth of the slits can be 0.1 mm to 1.2 mm; and wherein the slit -- (figures 5, 6, [0021], and [0037] of Kunimoto). However, Kunimoto does not teach that --the lining layer comprises a first lining layer and a second lining layer-- along with --the cut of the lining layer is formed in the first lining layer, and a depth of the cut in the first lining layer is a depth that does not penetrate the resin foam layer-- {instant claim 4}, --the cut of the lining layer is formed in the first lining layer, and a depth of the cut in the first lining layer is a depth that penetrates the resin foam layer and reaches the second lining layer-- {instant claim 5}, or --the cut of the lining layer is formed in the second lining layer, and a depth of the cut in the second lining layer is a depth that penetrates the resin foam layer and the first lining layer but does not reach the outer layer-- {instant claim 8}. Therefore, the claims as written overcome the prior art of record. Furthermore, no combination of Kunimoto with any other prior art of record would have provided sufficient motivation for a person having ordinary skill in the art at the time of the invention to have modified Kunimoto in such a way as to meet the claimed invention. It is these teachings that makes the claim(s) allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thompson (US 4,110,881 A) discloses a cushion with slots varying in spacing an/or depth having a pattern of line arrays, grids, or helices.
Kuhn (US 2004/0194215 A1) discloses a seat cushion comprising first and second pillars formed by cuts or slits.
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 Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781