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 .
Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/24/25.
Applicant’s election without traverse of claims 8-20 in the reply filed on 11/24/25 is acknowledged.
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) 8,9,10,12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakamoto et al (USPN 5130074).
Applicant is reminded that apparatus claims are examined for its recited structure rather than how the apparatus is used, what the apparatus does, or the material worked upon. MPEP 2114 and 2115.
8. (Original) A mold (Sakamoto et al: figs 1 and 4) for use in manufacturing a cover for a cushion, comprising:
a first mold half (Sakamoto et al: lower mold 2; figs 1 and 4) including a first cavity (Sakamoto et al: the undulating, upper surface of the lower mold 2 constitutes the claimed first cavity; figs 1 and 4) and a first receptacle (Sakamoto et al: the space adjacent peripheral portion 9 is not connected to the undulating, upper surface of the lower mold; figs 1 and 4) out of communication with the first cavity, the first receptacle positioned to receive a seam of the cover for the cushion when a first panel of the cushion is positioned against the first mold half (Sakamoto et al: the space adjacent to peripheral portion 9 contains the connecting portion 15; col 2:64- col 3:12; col 3:66-col 5:27; figs 1 and 4); and
a second mold (Sakamoto et al: upper mold 1; figs 1 and 4) half superimposable with the first mold half and positionable against the first mold half to capture the seam within the first receptacle and to capture the cover between the first mold half and the second mold half (Sakamoto et al: upper mold 1 and lower mold 2 are coupled together to capture the connecting portion 15 within space 16 defined by the peripheral wall 6 and peripheral portion 9; col 2:64- col 3:12; col 3:66-col 5:27; figs 1 and 4).
9. (Original) The mold of claim 8, wherein the first receptacle of the first mold half is also positioned to receive a zipper of the cover for the cushion and the second mold half is positionable against the first mold half to capture the zipper within the first receptacle (Sakamoto et al: upper mold 1 and lower mold 2 are coupled together to capture the connecting portion 15 within space 16 defined by the peripheral wall 6 and peripheral portion 9; col 2:64- col 3:12; col 3:66-col 5:27; figs 1 and 4).
10. (Original) The mold of claim 8, wherein the second mold half includes a second receptacle (Sakamoto et al: the space adjacent peripheral wall 6; figs 1 and 4) superimposable with the first receptacle of the first mold half, the second mold half positionable against the first mold half to capture the seam within the first receptacle and the second receptacle (Sakamoto et al: upper mold 1 and lower mold 2 are coupled together to capture the connecting portion 15 within space 16 defined by the peripheral wall 6 and peripheral portion 9; col 2:64- col 3:12; col 3:66-col 5:27; figs 1 and 4).
12. (Original) The mold of claim 8, wherein the second mold half includes a second cavity (Sakamoto et al: the space within first peripheral wall 5; figs 1 and 4).
14. (Original) The mold of claim 12, wherein, with the first mold half and the second mold half in an assembled relationship, the second cavity is offset from the first cavity (Sakamoto et al: the space within the first peripheral wall 5/second cavity is set within the undulating, upper surface of the lower mold 2/ first cavity, thus constituting an offset; figs 1 and 4).
Claim(s) 8,9,10,12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakamoto et al (USPN 5130074).
Applicant is reminded that apparatus claims are examined for its recited structure rather than how the apparatus is used, what the apparatus does, or the material worked upon. MPEP 2114 and 2115.
15. (Original) A mold assembly (Sakamoto et al: figs 1 and 4) for use in manufacturing a cover for a cushion, comprising:
a first mold half (Sakamoto et al: lower mold 2; figs 1 and 4) including a first cavity (Sakamoto et al: the undulating, upper surface of the lower mold 2 constitutes the claimed first cavity; figs 1 and 4) and a first receptacle (Sakamoto et al: the space adjacent peripheral portion 9; figs 1 and 4), the first receptacle being out of communication with the first cavity (Sakamoto et al: the space adjacent peripheral portion 9 is not connected to the undulating, upper surface of the lower mold; figs 1 and 4); and
a second mold half (Sakamoto et al: upper mold 1; figs 1 and 4) including a second cavity (Sakamoto et al: the space within first peripheral wall 5; figs 1 and 4) and a second receptacle (Sakamoto et al: the space adjacent peripheral wall 6; figs 1 and 4), the second receptacle being out of communication with the second cavity (Sakamoto et al: the space the peripheral wall 6 is not connected to the space within first peripheral wall 5; figs 1 and 4), the second mold half superimposable with the first mold half in an assembled relationship, the second receptacle being superimposed with the first receptacle upon placement of the first mold half and the second mold half in the assembled relationship, the first receptacle and the second receptacle superimposable to receive a seam of the cover for the cushion when the cover is positioned between the first mold half and the second mold half (Sakamoto et al: upper mold 1 and lower mold 2 are coupled together to capture the connecting portion 15 within space 16 defined by the peripheral wall 6 and peripheral portion 9; col 2:64- col 3:12; col 3:66-col 5:27; figs 1 and 4).
16. (Original) The mold assembly of claim 15, wherein at least one of the first receptacle of the first mold half and the second receptacle of the second mold half is positioned to receive a zipper of the cover for the cushion when the cover is positioned between the first mold half and the second mold half (Sakamoto et al: upper mold 1 and lower mold 2 are coupled together to capture the connecting portion 15 within space 16 defined by the peripheral wall 6 and peripheral portion 9; col 2:64- col 3:12; col 3:66-col 5:27; figs 1 and 4).
19. (Original) The mold assembly of claim 15, wherein, with the first mold half and the second mold half in the assembled relationship, the second cavity is offset from the first cavity (Sakamoto et al: the space within the first peripheral wall 5/second cavity is set within the undulating, upper surface of the lower mold 2/ first cavity, thus constituting an offset; figs 1 and 4).
20. (Original) The mold assembly of claim 15, further comprising:the cover for the cushion (Sakamoto et al: upper mold 1; figs 1 and 4).
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) 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al (USPN 5130074) as applied to claim 8 above. The above teachings of Sakamoto et al are incorporated hereinafter.
Regarding claim 11, Sakamoto et al do not teach the grid cavity. Since the design of a mold cavity surface is a matter of choice dependent on the desired final product, and cushions have a grid design are well-known in the molding and cushion arts for its aesthetic appeal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the undulating, upper surface of the lower mold of Sakamoto et al to have a grid cavity in order to diversify the design of the cushion.
Regarding claim 13, Sakamoto et al do not teach the second cavity being a mirror image of the first cavity. Since the design of a mold cavity is a matter of choice dependent on the desired final product, and cushions have identical upper and lower surface are well-known in the cushion art for its aesthetic appeal and reversibility, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design space within the first peripheral wall 5/second cavity of Sakamoto et al to be a mirror image of the undulating, upper surface of the lower mold 2/ first cavity of Sakamoto et al in order to diversify the design of the cushion.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al (USPN 5130074) as applied to claim 15 above. The above teachings of Sakamoto et al are incorporated hereinafter.
Regarding claim 17, Sakamoto et al do not teach the grid cavity. Since the design of a mold cavity surface is a matter of choice dependent on the desired final product, and cushions have a grid design are well-known in the molding and cushion arts for its aesthetic appeal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the undulating, upper surface of the lower mold of Sakamoto et al to have a grid cavity in order to diversify the design of the cushion.
Regarding claim 18, Sakamoto et al do not teach the second cavity being a mirror image of the first cavity. Since the design of a mold cavity is a matter of choice dependent on the desired final product, and cushions have identical upper and lower surface are well-known in the cushion art for its aesthetic appeal and reversibility, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design space within the first peripheral wall 5/second cavity of Sakamoto et al to be a mirror image of the undulating, upper surface of the lower mold 2/ first cavity of Sakamoto et al in order to diversify the design of the cushion.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teaches mold having a cavity/space adjacent a mold cavity: USPNs 4824070,5007815,5689137,20110025098, and 5927505; and DE10126991.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744