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
Applicant’s election without traverse of Group II in the reply filed on 04/13/2026 is acknowledged.
Claims 27-35 and 46-51 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/13/2026.
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.
Regarding claims 38 and 43-44, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 45 is 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. In claim 45, the phrase “said external covering” lacks antecedent basis.
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) 36-44 as best understood is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Witzke (4,860,415). Applicant is reminded that method of making is not given patentable weight in an article claim. Witzke shows the use of a support element (a seat cushion of a vehicle seat) for the human body obtainable with a molding method (Figs. 12-17), wherein the support element (50,62,65) comprising a padding (65), wherein the padding comprises a hardened and/or polymerized and/or solidified (foam) material, further comprising a support component (62), adhered to said padding, wherein the support component is at least partially inserted and/or embedded in said hardened and/or polymerized and/or solidified material of the padding (Fig. 16) and comprises an external face suitable in use to be (inherently) constrained to a support base (70) of the support element. Regarding claim 37, the support component is placed between the padding and the support base (as shown in Fig. 16). Regarding claims 38-39, Witzke discloses the use of an external cover (50) and the padding has a trim edge (which abuts the cover) that is placed inside with respect to its perimeter profile (see Fig, 16). Regarding claims 40, the padding has a lower surface suitable to be adhered to the support component and support base (Fig. 16). Regarding claims 41-42, the lower surface comprises and internal area where the support component is adhered thereto and annular area (the perimeter) surrounding the internal area and is flush with the support component (Figs. 13-14,16). The surface of the annular area would inherently be rough as a result of the support component and (the skirt of the) cover (as shown in Figs. 12-14).
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) 45 as best understood is/are rejected under 35 U.S.C. 103 as being unpatentable over Witzke in view of Urai (4,873,036). Witzke shows all of the teachings of the claimed invention except the use of an insert internal to the cover and/or support component. Urai teaches the use of an insert (12,12A) that is internal to a support component (9) and a corresponding padding (2) of a support element (1,2). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the seat element of Witzke with an insert as taught by Urai in order to eliminate or discover potential voids within the padding as well provide additional support and comfort to an occupant.
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.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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May 01, 2026
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