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 I, Spec V, Sub-spec B claims 1-4, 6-9 21 in the reply filed on 12/15/2025 is acknowledged.
Claim 5 is cancelled and claims 10-20 are withdrawn.
Remarks
This communication is in response to Application No. 18/657,196 filed on 05/07/2024 and the reply received 12/15/2025.
Claims 1-4, 6-9 and 21 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 10/8/2024, 11/29/2024, 12/18/2024, 10/11/2025 is/are not in compliance with the provisions of 37 CFR 1.98 and MPEP 609. Specifically, the foreign references listed on the information disclosure statement(s) are not in compliance with MPEP 609 and is/are not being considered by the examiner. For example, the 10/08/2024 IDS lists a 628 page foreign reference but fails to provide any guidance as to what portion(s) are relevant.
The information disclosure statements submitted on 10/8/2024, 11/29/2024, 12/18/2024, 10/11/2025 fail to comply with all of the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Specifically, 37 C.F.R. §1.98 (a)(3)(i) which states the following: (a)(3)(i) A concise explanation of the relevance, as it is presently understood by the individual designated in § 1.56(c) most knowledgeable about the content of the information, of each patent, publication, or other information listed that is not in the English language. The concise explanation may be either separate from applicant’s specification or incorporated therein. See MPEP 609.
While it is not appropriate to attempt to set forth procedures by which attorneys, agents, and other individuals may ensure compliance with the duty of disclosure, MPEP § 2004 states: It is desirable to avoid the submission of long lists of documents (i.e. including voluminous publications) if it can be avoided. MPEP § 2004 also provides “Eliminate clearly irrelevant and marginally pertinent cumulative information. If a long list or voluminous publication(s) is/are submitted, highlight those documents which have been specifically brought to the Applicant’s attention and are known to be of most significance.” Care should be taken to see that prior art or other information cited in a specification or in an information disclosure statement is properly described and that the information is not incorrectly or incompletely characterized.
Drawings
The drawings filed 5/7/2024 are acceptable.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3, 4, 6, 7, 8, 9 and 21 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2016/0174725 A1, hereinafter D1.
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As to claim 1.
D1 discloses a cushion (cushion 1 in e.g. fig. 1), comprising:
a filament mesh structure (e.g. one of 45 or 43, each are composed of filaments, i.e. a first and second set of filaments) comprising a first set of filaments ([0080] A core material for cushion 1 according to a first embodiment is comprised of a three-dimensional net-like structure 41 in a plate-like form that is made of or mainly made of a thermoplastic resin as a raw material and is formed by spirally tangling a plurality of filaments at random and partially bonding the tangles by heat as shown in FIG. 1 and FIG. 2A), wherein each member of the first set of filaments is bonded to at least one other member of the first set of filaments ([0080] tangling a plurality of filaments at random and partially bonding the tangles by heat), the filament mesh structure defining a first side (structure 41 has six sides); and
a layer (the other of 45 or 43 in fig. 1) that is disposed on the first side of the filament mesh structure (45 and 43 are disposed on respective sides) and bonded to at least some members of the first set of filaments ([0083] A three-dimensional net-like structure used for respective layers (first layer and second layer) is formed by tangling a plurality of filaments at random in loops and thermally welding the tangles).
As to claim 2.
D1 discloses the cushion of claim 1, and further discloses wherein the layer (the other of 45 or 43 in fig. 1) comprises at least one of a second set of filaments (the other of 45 or 43 is composed of filaments) and a film (in fig. 3A, 3B a sheet 9A is disposed on each of 45 and 43).
As to claim 3.
D1 discloses the cushion of claim 2, and further discloses wherein a gap is provided between adjacent members of the second set of filaments ([0080] the cushion is formed of a net-like structure = gaps between filaments as in the figures).
As to claim 4.
D1 discloses the cushion of claim 2, and further discloses wherein the second set of filaments is contiguous ([0080] formed by spirally tangling a plurality of filaments at random and partially bonding the tangles by heat as shown in FIG. 1 and FIG. 2A; the bonding = “contiguous”).
As to claim 6.
D1 discloses the cushion of claim 2, and further discloses wherein the film is one of air impermeable ([0126] lack of pores in sheet 9A = impermeable to provide sound attenuation) or air permeable.
As to claim 7.
D1 discloses the cushion of claim 1, and further discloses wherein the layer (the other of 45 or 43 in fig. 1) is disposed on at least a portion of the first side (as in fig. 1).
As to claim 8.
D1 discloses the cushion of claim 7, and further discloses wherein the layer extends from an edge of the first side (fig. 1 and 2A).
As to claim 9.
D1 discloses the cushion of claim 1 and further discloses wherein the filament mesh structure comprises a set of sides (in fig. 1 we see a structure 1 which is comprised of a 45 and a 43, each having 6 sides_, wherein the first side is a member of the set of sides and the layer is provided on at least one member of the set of sides in addition to the first side (the layer is provided on opposing faces of 45 and 43).
As to claim 21.
D1 discloses the cushion of claim 2, and further discloses wherein the second set of filaments (the other of 45 or 43 is composed of filaments) comprises at least one of a linear configuration and a non-linear configuration ([0034] In view of the above problems, the invention provides a core material for cushion, comprising a three-dimensional net-like structure that is formed by spirally tangling filaments, … at random and partially bonding the tangles by heat).
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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, SPE Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/Primary Examiner, Art Unit 3673 23 January 2026