Prosecution Insights
Last updated: October 02, 2026
Application No. 18/515,509

CUSHION ASSEMBLY

Final Rejection §112
Filed
Nov 21, 2023
Priority
Dec 23, 2022 — continuation of 18/087,857
Examiner
NELSON JR, MILTON
Art Unit
3636
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Lear Corporation
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1585 granted / 1874 resolved
+32.6% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
39 currently pending
Career history
1898
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
27.2%
-12.8% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
45.8%
+5.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1874 resolved cases

Office Action

§112
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 . Election/Restrictions Non-elected claims 14-18 have been cancelled by Applicant. Information Disclosure Statement Numerous information disclosure statements were filed on June 25, 2026. The information referred to therein has been considered except as follows: Foreign Patent Documents IN201717042989, IN336480, IN202047045846, IN351780, IN382056, and JP2010524569 are listed however a legible copy of none of these documents appears to have been included. In addition, the following Non-Patent Literature documents are included with the June 25, 2026 information disclosure statements, but none are listed therein: Extrusion Method and Device (35 pages), Three-Dimensional Net-Like Structure Manufacturing Apparatus and Three-Dimensional Net-Like Structure Manufacturing Method (61 pages), Net Structure Manufacturing Apparatus and Net Structure Manufacturing Method (108 pages), Manufacturing Method of Three-Dimensional Net-Like Structure, and Manufacturing Apparatus of Three-Dimensional Net-Like Structure (74 pages), and Three-Dimensional Crosspiece Structure (40 pages). 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 4, 9, 10, and 23-29 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. Claim 4 recites the limitation "the cavity of the unitary mesh of expanded thermoplastic resin strands". There is insufficient antecedent basis for this limitation in the claim. Claim 9 recites the limitation "the cavity formed in the unitary mesh". There is insufficient antecedent basis for this limitation in the claim. Claim 10 recites the limitation "the cavity of the unitary mesh". There is insufficient antecedent basis for this limitation in the claim. Claim 23 recites the limitation "the cavity formed in the unitary mesh" in line 9. There is insufficient antecedent basis for this limitation in the claim. Claims 24-29 are indefinite as each depends from an indefinite claim. Allowable Subject Matter Claims 1, 3, 7, 11-13, and 19-22 are allowed. Claim 23 would be allowable if rewritten or amended 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. Claims 4, 9, 10, and 24-29 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: Regarding claim 1, the prior art of record does not show singly or in union an assembly wherein the cushion comprises a unitary mesh of expanded thermoplastic resin strands, wherein a first segment of expanded thermoplastic resin strand is welded to a second segment of expanded thermoplastic resin strands at least partially over the cavity, in combination with other specifically claimed features. Regarding claim 23, the prior art of record does not show singly or in union an assembly wherein the cushion comprises a unitary mesh of expanded thermoplastic resin strands, wherein the trim component is welded to a region of the unitary mesh of expanded thermoplastic resin strands adjacent to a cavity formed in the unitary mesh in combination with other specifically claimed features. Response to Amendment/Arguments Applicant’s response filed July 8, 2026 has been fully considered. Remaining issues are described above. Conclusion THIS ACTION IS MADE FINAL. 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 MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm. 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. mn /MILTON NELSON JR/August 11, 2026 Primary Examiner, Art Unit 3636
Read full office action

Prosecution Timeline

Nov 21, 2023
Application Filed
Mar 10, 2026
Non-Final Rejection mailed — §112
Jul 08, 2026
Response Filed
Aug 13, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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VEHICLE SEAT
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Patent 12722551
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Patent 12721442
OSCILLATION MECHANISM FOR A CHAIR OR AN ARMCHAIR
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Patent 12721440
FOLDABLE RECLINER
2y 1m to grant Granted Sep 01, 2026
Patent 12715346
STRIKER ASSEMBLY AND SEAT ASSEMBLY
2y 1m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
90%
With Interview (+5.7%)
1y 12m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1874 resolved cases by this examiner. Grant probability derived from career allowance rate.

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