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 .
Information Disclosure Statement
Applicant’s information disclosure statement filed 3/16/2026 has been considered and is included in the file.
Claim Objections
Claims 19, 28, and 30 are objected to because of the following informalities:
In claim 19, line 1, --wherein the vehicle component is a cable, and-- should be added before “comprising”.
In claim 28, line 2, “a seat cover, a fascia cover” should be changed to --a seat, a fascia--.
In claim 30, line 1, “automotive cover” should be changed to --cover of a vehicle--.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 16-17, 20-21, 24-28, and 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Booth et al. (US 2019/0366892, hereinafter Booth ‘892) in view of Booth et al. (US 2020/0017006, hereinafter Booth ‘006).
Regarding claim 16, Booth ‘892 discloses a method of fabricating a cover for an interior trim component or an exterior trim component for a vehicle comprising: forming a 3D knitted structure (30), the 3D knitted structure comprising at least one integrally formed 3D knitted channel (50) comprising a substantially continuous loop of knitted material (Figs. 4-7, paragraph [0060] discloses (50) is integrally formed in (30) during the knitting process), the channel being arranged to: receive a vehicle component (54, 82, 130, etc.) inserted into the channel from an end thereof (Fig. 5); and hold the vehicle component within the continuous loop of knitted material (Fig. 5, 10-11); wherein at least one of said at least one channel is on an underside of the cover (Fig. 1, paragraphs [0061]-[0062], channel (50) is positioned on the underside of the cover away from the top of the cover), wherein the vehicle component comprises at least one of a cable or a structural element (structural element (54) in connection with a complimentary member (56) or a rod (82) which is a functional equivalent to a cable regarding size and shape of component).
Booth ‘892 does not explicitly disclose the 3D knitted structure is formed by knitting together at least one heat activated yarn and at least one non-heat activated yarn, and applying a heat treatment process to the 3D knitted structure to form the cover.
Booth ‘006, like Booth ‘892, teaches a method of fabricating a cover for an interior trim component, and further teaches the 3D knitted structure (20) is formed by knitting together at least one heat activated yarn (38) and at least one non-heat activated yarn (40), and applying a heat treatment process to the 3D knitted structure to form the cover (Fig. 19, paragraphs [0092]-[0098] go over the steps of applying heat at different settings to provide a contoured trim cover).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Booth ‘892 to provide at least one heat activated yarn and at least one non-heat activated yarn and to apply a heat treatment process as taught by Booth ‘006, with a reasonable expectation of success, in order to provide texture sufficient to conceal imperfections, to increase occupant comfort, and to decrease the labor required (Booth ‘006: paragraphs [0053]-[0054]).
Regarding claim 17, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘892) wherein at least one of said at least one channel is in the form of a plurality of spaced channel portions (Fig. 3).
Regarding claim 20, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘892) wherein the vehicle component is the structural element (54), and comprising providing the structural element to a portion of a vehicle structure (56) whereby the structural element is arranged to apply a tensile force to the cover (paragraph [0061] teaches the structural element (54) exerting a tensile force on the cover downward to help prevent wrinkling or bulging, or separating from the seat (20)).
Regarding claim 21, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 20, and teaches (references to Booth ‘892) the method comprising mounting the cover to a former (with a forming surface (230)) such that the cover assumes a required shapeform (paragraph [0093] teaches the forming surface (230) is configured to match the contours of the trim component the cover will be installed), the method comprising performing the heat treatment process with the cover mounted to the former (Fig. 19, paragraphs [0092]-[0098] go over the steps of applying heat at different settings to provide the contoured trim cover).
Regarding claim 24, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘892) the method comprising forming the cover to have an elongate rib portion (Fig. 4), whereby the cover has a greater thickness along the rib portion (Fig. 4, as there are two layers shown).
Regarding claim 25, Booth ‘892 discloses a cover (Fig. 1) for an interior trim component, or an exterior trim component, of a vehicle, comprising a 3D knitted structure (30), the 3D knitted structure comprising: at least one integrally formed 3D knitted channel (50) comprising a substantially continuous loop of knitted material (Figs. 4-7, paragraph [0060] discloses (50) is integrally formed in (30) during the knitting process), the channel being arranged to receive a vehicle component (54, 82, 130, etc.) inserted into the channel from an end thereof (Fig. 5), and hold the vehicle component within the continuous loop of knitted material (Fig. 5, 10-11), wherein the vehicle component comprises at least one of a cable or a structural component (structural component (54) in connection with a complimentary member (56), or a rod (82) which is a functional equivalent to a cable regarding size and shape of component) and wherein at least one of said at least one channel is on an underside of the cover (Fig. 1, paragraphs [0061]-[0062], channel (50) is positioned on the underside of the cover away from the top of the cover).
Booth ‘892 does not explicitly disclose the 3D knitted structure comprising: at least one heat activated yarn and at least one non-heat activated yarn knitted together.
Booth ‘006, like Booth ‘892, teaches a cover for an interior trim component, and further teaches the 3D knitted structure (20) comprising at least one heat activated yarn (38) and at least one non-heat activated yarn (40) knitted together.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cover of Booth ‘892 to provide at least one heat activated yarn and at least one non-heat activated yarn as taught by Booth ‘006, with a reasonable expectation of success, in order to provide texture sufficient to conceal imperfections, to increase occupant comfort, and to decrease the labor required (Booth ‘006: paragraphs [0053]-[0054]).
Regarding claim 26, Booth ‘892 as modified by Booth ‘006 teaches the cover of claim 25, and teaches the cover fabricated by the method of claim 16 (see rejection of claim 16 above).
Regarding claim 27, Booth ‘892 as modified by Booth ‘006 teaches an interior trim component (Fig. 1) comprising at least one automotive cover according to claim 25 (a seat cover, abstract, see claim 25 rejection above).
Regarding claim 28, Booth ‘892 as modified by Booth ‘006 teaches the interior trim component of claim 27, and teaches (references to Booth ‘892) wherein the interior trim component is one of: a seat cover, a fascia cover, a headlining, an interior pillar trim, a sun-visor, a carpet, a door card, a shelf lining, a glove-box lid, a grab handle, and a centre console (Fig. 1 shows a seat cover (30) for a seat (20)).
Regarding claim 30, Booth ‘892 as modified by Booth ‘006 teaches a vehicle (Fig. 1 provides a vehicle seat, implying the seat is for a vehicle) having at least one automotive cover according to claim 25 (Booth ‘892: a seat cover (30), see claim 25 rejection above).
Regarding claim 31, Booth ‘892 as modified by Booth ‘006 teaches a vehicle (Fig. 1 provides a vehicle seat, implying the seat is for a vehicle) having at least one interior trim component according to claim 27 (Booth ‘892: a seat cover (30), see claim 27 rejection above).
Regarding claim 32, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘892) wherein the at least one channel is formed as a continuous, seamless, unitary part of the 3D knitted structure (Fig. 2).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Booth et al. (US 2019/0366892, hereinafter Booth ‘892) in view of Booth et al. (US 2020/0017006, hereinafter Booth ‘006) as applied to claim 16 above, and further in view of Castinel et al. (DE 102020207129).
Regarding claim 19, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘892) a rod (82). However, Booth ‘892 as modified by Booth ‘006 does not explicitly teach wherein the method comprises providing a cable through at least one of said at least one channel.
Castinel et al. teaches a method of fabricating a cover for a vehicle comprising providing a cable through at least one of said at least one channel (paragraph [0018] of the machine translation teaches wires, signal cables, electrical supply lines, etc. can be routed in the channel (12)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Booth ‘892 as modified by Booth ‘006 to include a cable as taught by Castinel et al., with a reasonable expectation of success, since any object suitable for fixing can be used for this purpose (Castinel et al.: paragraph [0018] of the machine translation).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Booth et al. (US 2019/0366892, hereinafter Booth ‘892) in view of Booth et al. (US 2020/0017006, hereinafter Booth ‘006) as applied to claim 21 above, and further in view of O’Kray et al. (DE 1916479).
Regarding claim 22, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 21. However, Booth ‘892 as modified by Booth ‘006 does not explicitly teach the method comprising holding at least a portion of the cover in a required position by a grip or clamp during the heat treatment process.
O’Kray et al. teaches a method of fabricating a cover for vehicle comprising holding at least a portion of the cover in a required position by a grip or clamp during the heat treatment process (paragraphs [0012] and [0029] of the machine translation teach the edges are secured to the frame, i.e. former).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Booth ‘892 as modified by Booth ‘006 to include a grip or clamp as taught by O’Kray et al., with a reasonable expectation of success, in order to keep the cover in the proper position while performing the heat treatment process to allow for a smooth covering over the former.
Regarding claim 23, Booth ‘892 as modified by Booth ‘006 and O’Kray et al. teaches the method of claim 22, and teaches (references to O’Kray et al.) the method comprises applying the tensile force to the cover during the heat treatment process by applying a tensile force to the structural element (paragraphs [0012] and [0029] of the machine translation teach the use of force to the structural element, i.e. former).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Booth et al. (US 2019/0366892, hereinafter Booth ‘892) in view of Booth et al. (US 2020/0017006, hereinafter Booth ‘006) as applied to claim 25 above, and further in view of Cziptschirsch (US 5297838).
Regarding claim 29, Booth ‘892 as modified by Booth ‘006 teaches the of claim 25. However, Booth ‘892 as modified by Booth ‘006 does not explicitly teach the cover is for an exterior trim component, wherein the exterior trim component is one or more of: a soft top for a roof of a vehicle, an exterior pillar trim, an external window surround; and another exterior trim component.
Cziptschirsch, like Booth ‘892, teaches a cover for a vehicle trim component, and further teaches wherein the exterior trim component is one or more of: a soft top for a roof of a vehicle, an exterior pillar trim, an external window surround; and another exterior trim component (soft top (1), abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cover of Booth ‘892 as modified by Booth ‘006 to be for an exterior trim component as taught by Cziptschirsch, with a reasonable expectation of success, in order to provide the same protection for an exterior trim component for a longer lifespan before need of replacement.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 25 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 CARLY W. LYNCH whose telephone number is (571)272-5552. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm, Eastern Time, alternate Friday.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M Poon can be reached at 571-272-6891. 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.
/CARLY W. LYNCH/Examiner, Art Unit 3643
Prosecution Insights