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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/6/2026 has been entered.
Response to Amendment
Note that claim 30 filed on 7/6/2026 does not appear to include the proper claim status. More specifically, the claim states currently amended, however, there are no underlined or crossed out portions. In the interests of efficiency, the claims have been examined below; however, please note that any future amendment included in a response to this Detailed Action must set forth the claims with correct annotations as explained in 37 C.F.R. 1.121(c).
Claim Objections
Claims 19 and 27 are objected to because of the following informalities:
In claim 19, line 1-2, “wherein the vehicle component is a cable” should be changed to --wherein the vehicle component is the cable--.
In claim 27, line 2, “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, 30-32, 35, and 37 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), further a rod (82), a structural element, which is not a cable, however, is a functional equivalent regarding size and shape of a cable).
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 comprising a stream treatment 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 comprising a steam treatment 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, and paragraph [0063] teaches that options for the heat treatment can include using steam wands which would provide a steam treatment).
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 comprising a steam treatment 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]). Further, using a known technique of heating through steam wands would have been obvious to one of ordinary skill, since they would have recognized that applying the known technique of Booth ‘006 would yield predictable results for applying a heat treatment.
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 through at least one of said at least one channel (50) and securing 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 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), and wherein the vehicle component is a structural element (54) provided through the channel and secured to a portion of a vehicle structure (56), the structural element 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)), the tensile force retaining the cover in a desired shapeform (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)).
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, a fascia, 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 cover of a vehicle 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).
Regarding claim 35, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘892) wherein the vehicle component is provided within the channel prior to applying the heat treatment process (paragraph [0069] teaches that a vehicle component can be inserted prior to the heat treatment process).
Regarding claim 37, Booth ‘892 as modified by Booth ‘006 teaches the cover of claim 25, and teaches (references to Booth ‘892) wherein the structural element is secured to a frame of a vehicle seat (paragraph [0061] teaches the structural element (54) can be connected to the frame of the seat (20) through (56)).
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) as a possible vehicle component. 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., like Booth ‘892, teaches a method of fabricating a cover for an interior trim component for a vehicle, and further teaches wherein the vehicle component is a cable, and 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). Further, it has already been established that the size of the channel of Booth ‘892 would fit the size and shape of a cable.
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., like Booth ‘892, teaches a method of fabricating a cover for vehicle and further teaches 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 (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 cover 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.
Claim 33 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 Elliott et al. (US 4795517).
Regarding claim 33, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16, and teaches (references to Booth ‘006) wherein the heat treatment process comprises mounting the cover to a former and applying steam to the cover, wherein apertures (334) are provided in the former. However, Booth ‘892 as modified by Booth ‘006 does not explicitly teach wherein the steam is applied to the cover via the apertures, the steam passing through pores in the cover.
Elliott et al., like Booth ‘892, teaches a method of fabricating a cover for a component of a vehicle, and further teaches steam is applied to the cover via the apertures of the former, the steam passing through pores in the cover (col. 9, lines 3-6, claim 1, steam through apertures and into material of 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 as modified by Booth ‘006 to include steam apertures in the former to pass through pores in the cover as taught by Elliott et al., with a reasonable expectation of success, as a way to introduce the heat to activate the heat activated yarn in the knitted structure.
Claim 34 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 Girard et al. (US 5802882).
Regarding claim 34, Booth ‘892 as modified by Booth ‘006 teaches the method of claim 16. However, Booth ‘892 as modified by Booth ‘006 does not explicitly teach wherein the heat activated yarn has an activation temperature in the range from 100oC to 130oC.
Girard et al., like Booth ‘892, teaches a method of fabricating a cover for a vehicle, and further teaches wherein the heat activated yarn has an activation temperature in the range from 90oC to 150oC (col. 1, lines 49-54).
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 activation temperature range for the method of Booth ‘892 modified by Booth ‘006 to include a range as taught by Girard et al., with a reasonable expectation of success, in order to be used with traditional machining and temperature ranges. Further it has been held that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Allowable Subject Matter
Claim 36 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.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show features similar to those of Applicant’s method, the prior art fails to teach or make obvious the combined limitations of applicant’s claimed invention including the limitations of claim 36.
Response to Arguments
Applicant's arguments filed 7/6/2026 have been fully considered but they are not persuasive.
With respect to claim 16, applicant argued that neither Booth ‘892 nor Booth ‘006 suggest a heat treatment process comprising steam treatment. Therefore, applicant argued the combination was not obvious.
The examiner respectfully disagrees. As noted in the rejection above, Booth ‘006 teaches that steam can be used as heat for the process. Therefore, the prior art reads on the claim limitation.
With respect to claim 25, applicant argued that neither Booth ‘892 nor Booth ‘006 suggest the structural element tensile force retains the desired shapeform. Therefore, applicant argued the combination was not obvious.
The examiner respectfully disagrees. As noted in the rejection above, Booth ‘892 teaches that the structural element exerts a tensile force that allows the cover to retain the desired shapeform without wrinkling or bulging. Therefore, the prior art reads on the claim limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Nixon (US 5395473) and Weigert (US 2016/0312391) teach methods for fabricating covers.
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.
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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.
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/CARLY W. LYNCH/Examiner, Art Unit 3643
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