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
Amendments to the claims, filed on 2/23/26, have been entered in the above-identified application.
Any rejections made in the previous action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 13, 16, 17, 18 and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Leidig et al (US 2006/0089071 A1).
Leidig teaches automotive interior trim pieces (i.e., an apparatus and an interior component of a vehicle) comprising a first body (20) comprising a first plurality of polymer filaments randomly connected to form a first three-dimensional structure (e.g., non-woven random web or mat) defining a first shape, wherein the first body is modified by heating an area of the first body with an ultrasonic tool (e.g., ultrasonic processing) that modifies a portion of the first plurality of polymer filaments to form a second three-dimensional structure defining a second shape that is different from the first shape; a second body (30) comprising a second plurality of polymer filaments randomly connected to form a third three-dimensional structure (e.g., non-woven random web or mat); at least one weld joining the first body to the second body: and an attachment anchor formed by welding at least some portions of the first plurality of polymer filaments and the second plurality of polymer filaments at an interface between the first body and the second body (e.g., the top layer melts and flows into the underlying layer, fully or partially absorbed); wherein the first body defines at least one internal trench (22) (e.g., opening) comprising at least a first wall and a second wall facing each other, wherein the first wall and the second wall are formed by welding a first portion of the first plurality of polymer filaments in the first wall together and by welding a second portion of the first plurality of polymer filaments in the second wall together; wherein the first body defines an opening extending from a first exterior periphery of the first body up to the interface; wherein the attachment anchor formed at the location inside the first body is selected from a planar member (para 24-27; fig 2)
The limitation extruded of the instant claim is a product by process limitation and does not determine the patentability of the product, unless the process results in a product that is structurally distinct from the prior art. The process of forming the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the Examiner could reasonably conclude that the claim product differs in kind from those of the prior art (MPEP § 2113). No difference can be discerned between the product that results from the process steps recited in the instant claims claim and the product of Leidig.
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.
Claims 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Leidig.
Leidig teaches any number of layers may make up the composite where one or more overlying layers may be removed to expose one or more underlying layers (para 31); and the layers may comprise a web of thermoplastic fibers that have been fused (i.e., a polymer film) (para 25) which would have suggested or otherwise rendered obvious to one of ordinary skill in the art at the time of invention a skin of a polymer film welded to at least one portion of the first plurality of polymer filaments on the second three-dimensional structure defining the second shape.
The limitation extruded of the instant claim is a product by process limitation and does not determine the patentability of the product, unless the process results in a product that is structurally distinct from the prior art. The process of forming the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the Examiner could reasonably conclude that the claim product differs in kind from those of the prior art (MPEP § 2113). No difference can be discerned between the product that results from the process steps recited in the instant claims claim and the product of Leidig.
Leidig teaches the non-wovens may comprise fused thermoplastic fibers (para 25) which would have allowed one of ordinary skill in the art at the time of invention to at once envisage the species of polyethylene (a known thermoplastic), and therein linear low-density polyethylene. Furthermore, it is prima facie obvious to select a known material based on its suitability for its intended use (MPEP § 2144.07).
Response to Arguments
Applicant’s arguments with respect to the instant claims have been considered but are moot due to the new grounds of rejection under 35 U.S.C. 103 in view of a new combination of prior art of record. The Applicant is directed to the 35 USC § 103 section above.
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 NATHAN L VAN SELL whose telephone number is (571)270-5152. The examiner can normally be reached Mon-Thur, Generally 7am-6pm.
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, M. Veronica Ewald can be reached at 571-272-8519. 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.
NATHAN VAN SELL
Primary Examiner
Art Unit 1783
/NATHAN L VAN SELL/ Primary Examiner, Art Unit 1783
Prosecution Insights