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.
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.
Claim(s) 1, 2, 3, 4, 17, 18, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hettinga (EP0805064) in view of Brandoli (FR2486922). The reference to Hettinga teaches structure substantially as claimed as discussed above including seat assembly (fig 3) comprising: a frame (12) comprising an aperture; a cushion comprising a mesh member (14), the mesh member comprising a set of filaments of polymeric material (at least figs 4a, 4b, 4c), wherein at least two members of the set of filaments are looped and bonded to each other, and wherein the cushion is disposed on the frame (at least fig 3) the only difference being that the cushion is not fastened to the frame through an aperture in the frame. However, the reference to Brandoli (at least fig 6) teaches the use of providing a fastening arrangement (1) that extends through the cushion(i) and frame (o, m) and trim cover (r) to be old. It would have been obvious and well within the level of ordinary skill in the art at the time of the invention was made to have modified the structure of Hettinga with a reasonable expectation of success, to include a fastening arrangement that extends through the cushion(i) and frame (o, m) and trim cover (r), as taught by Brandoli since such are conventional alternative structures used in the same intended purpose and environment and would have been a reasonably predictable result, thereby providing structure as claimed. The method would have been obvious in view of the structures.
Allowable Subject Matter
Claims 5-16 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited teach structure similar to applicant’s including seat cushion and attachment structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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/JOSE V CHEN/Primary Examiner, Art Unit 3637