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 .
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) 1 – 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikea (Soederhamn instruction manual, pages 1 - 4) in view of Breathe-zy (“Anti Suffocation Outer Mesh Pillow Case).
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Regarding claim 1, Ikea discloses a cushion assembly (see labeled figure above, Ikea) for outdoor furniture comprising: a cushion (see labeled figure above, Ikea) having: a liner (liner covering “C”); and a padding (“C”) insert selectively housed in the liner cavity; and an exterior cover (“E”) having: an exterior cover top surface (the portion of “E” facing down), an exterior cover bottom surface (the portion of “E” facing up and being zippered by the user in labeled figure above), at least one exterior cover side surface (inherent in the figure shown), and an exterior cover cavity extending therebetween (cavity housing the padding), at least a portion of the exterior cover bottom surface being defined by an exterior cover mesh section (the portion within the zippered portion), the cushion being selectively housed in the exterior cover cavity.
Ikea fails to teach the details of the liner as claimed: a liner top surface, a liner bottom surface, at least one liner side surface, and a liner cavity extending therebetween, at least a portion of the liner bottom surface being defined by a liner mesh section. However, Breathe-zy teaches a liner (mesh pillow case) having a top, bottom, and side surfaces, and a liner cavity (within the zippered cavity), at least a portion of the liner bottom surface being defined by a liner mesh section (Breathe-zy shows a mesh material). It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, with reasonable expectation of success, to use the mesh liner taught by Breathe-zy for the padding insert of Ikea in order to provide a breathable liner for purposes of preventing mold and mildew.
Ikea as modified by Breathe-zy inherently discloses the cushion being positioned such that the liner mesh section at least partially aligns with the exterior cover mesh section – the liner being made of mesh would align with the exterior cover mesh section of Ikea’s soederhamn cushion.
Regarding claim 2, Ikea as modified by Breathe-zy discloses that the liner defines a liner opening for accessing the liner cavity but does not explicitly disclose that the liner comprises a liner zipper for selectively closing the liner opening. Examiner takes Official Notice that zipper closures are very well known in the art (as evidenced by the zipper closure used in the exterior cover of Ikea’s soederhamn cushion). It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, with reasonable expectation of success, to use a zipper closure in the liner in order to prevent the padding from falling out.
Regarding claim 3, Ikea as modified by Breathe-zy inherently discloses that the at least one liner side surface defines the liner opening.
Regarding claim 4, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover defines an exterior cover opening for accessing the exterior cover cavity; and the exterior cover comprises at least one exterior cover zipper for selectively closing the exterior cover opening (zipper is shown in labeled figure above).
Regarding claim 5, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover mesh section is configured to cover the exterior cover opening; and the at least one exterior cover zipper selectively connects at least one side of the exterior cover mesh section (“A” in labeled figure above) to at least one adjacent portion of the exterior cover bottom to selectively close the exterior cover opening.
Regarding claim 6, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the at least one side of the exterior cover mesh section comprises a first side of the exterior mesh section; the at least one adjacent portion of the exterior cover bottom comprises a first adjacent portion of the exterior cover bottom; and a second side of the exterior cover mesh section is fixedly connected a second adjacent portion of the exterior cover bottom such that the exterior cove mesh section forms a fold-over flap (the labeled figure above shows that the mesh section forms a fold-over flap since three of its sides are able to be zippered open or close).
Regarding claim 7, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover mesh section is a rectangle (see labeled figure above); the at least one exterior cover zipper comprises three exterior cover zippers; the at least one side of the exterior cover mesh section comprises three sides (the arrows depicted in the right-side of the labeled figure above shows a path of the zipper that comprises three sides of the mesh section); the at least one adjacent portion of the exterior cover bottom comprises three adjacent portions; each of the three exterior cover zippers selectively connect a respective side of the three sides to a respective adjacent portion of the three adjacent portions; and the exterior cover mesh further comprises a fourth side (“A” in labeled figure above) fixedly connected to a fourth adjacent portion of the exterior cover bottom such that the exterior cover mesh section forms a fold-over flap.
Regarding claim 8, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover further comprises a band (the portion of fabric on the side opposite of “A” on the exterior cover in the labeled figure above) having a first end and a second end, the first and second ends being connected to the at least one exterior cover side surface; and a portion of the band and a portion of the at least one exterior cover side surface define a slot to optionally receive and retain a portion of a seat.
Regarding claim 9, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover further comprises a sheet connected to the at least one exterior cover side surface; and the sheet and a portion of the at least one exterior cover side surface define a pocket to optionally receive and retain a portion of a seat (the interior cavity of the cover that receives padding “C”).
Regarding claim 10, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover further comprises a fastener (hook and loop fastener shown on page 4 of Ikea, in step 10) disposed on the exterior cover bottom surface for optionally fastening the exterior cover bottom surface to a portion of a seat.
Regarding claim 11, Ikea as modified by Breathe-zy, more specifically Ikea, discloses that the exterior cover entirely surrounds the cushion when the insert assembly is housed in the exterior cover cavity (page 1 of Ikea, step 6 shows that the exterior cover entirely surrounds the cushion).
Regarding claim 18, Ikea as modified by Breathe-zy, more specifically Ikea, discloses a seat (the sofa) comprising at least one cushion assembly.
Claim(s) 12, 13, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikea (Soederhamn instruction manual, pages 1 - 4) as modified by Breathe-zy (“Anti Suffocation Outer Mesh Pillow Case) and further in view of Vainberg et al. (US 9,138,060).
Regarding claim 12, Ikea as modified by Breathe-zy, more specifically Ikea, fails to disclose that the cushion further comprises a magnet connected to the padding insert and disposed in between the padding insert and the liner mesh section. However, Vainberg et al. teaches a cushion having a magnet connected to an insert and disposed between the insert and a liner (col. 9, lines 3 – 13). It would have been obvious to one having ordinary skill in the art at the time the invention was made to include magnets in the insert as taught by Vainberg et al. in the cushion of Ikea as modified by Breathe-zy in order to secure the padding and prevent it from shifting in the seat.
Regarding claim 13, Ikea as modified by Breathe-zy and Vainberg et al. discloses that the exterior cover is composed of a UV-treated fabric (col. 6, lines 36 – 41, Vainberg et al.).
Regarding claim 14, Ikea as modified by Breathe-zy and Vainberg et al. discloses that the exterior cover is composed of a water-protection treated fabric (col. 6, lines 36 – 40, Vainberg et al.)
Regarding claim 16, Ikea as modified by Breathe-zy and Vainberg et al. discloses the use of polyvinyl chloride (col. 7, line 66).
Claim(s) 15, 17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikea (Soederhamn instruction manual, pages 1 - 4) as modified by Breathe-zy (“Anti Suffocation Outer Mesh Pillow Case) and further in view of Neustat (US 2006/0175883).
Regarding claim 15, Ikea as modified by Breathe-zy does not teach that the liner is composed of a polyester fabric and the liner further comprises a coating of polyurethane. However, Neustat disclose seat assembly with cushion covering or liner (wrap 24) that uses polyester fabric (claim 6, Neustat) and a polyurethane coating (0077). It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, with reasonable expectation of success, to include the material taught by Neustat in the Ikea soederhamn sofa in order to provide stain resistance and moisture resistance.
Regarding claim 17, Ikea as modified by Breathe-zy and Neustat discloses that the cushion assembly is one of a seat bottom cushion assembly and a seat back cushion assembly (Fig. 2, Neustat).
Regarding claim 19, Ikea as modified by Breathe-zy and Neustat, more specifically Neustat, discloses a seat bottom (58) and a seat back (54), and wherein: the at least one cushion assembly comprises: a seat bottom cushion assembly (24) disposed on the seat bottom; and a seat back cushion assembly (22) disposed on the seat back.
Regarding claim 20, Ikea as modified by Breathe-zy and Neustat inherently discloses that the seat bottom defines a plurality of spaces aligning with the liner mesh section and the exterior cover mesh section of the seat bottom cushion assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4914772 – Drainable cushion and furniture seating
US 4295235 – Waterproof cushion for outdoor use
US 2021/0085093 – Protective covering of chair system
US 2016/0353895 – Apparatus of securing seat cushion to chair
CA 2464259 – Cushion cover
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALENTINA XAVIER whose telephone number is (571)272-9853. The examiner can normally be reached 10 am - 6:30 pm.
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/VALENTINA XAVIER/Primary Examiner, Art Unit 3642