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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/09/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 11-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase “that is to say” is vague and informal. It is unclear whether the language following “that is to say” is intended to further define the “cover”, to introduce a new limitation, or is merely explanatory; as such, it is unclear if the limitation following the phrase is part of the claimed invention.
Claims 2-9 and 11-14 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 1.
Regarding claims 5 and 6, it is unclear if “a fastening element” refers to one of “the plurality of fastening elements” of claim 1.
Regarding claims 8 and 9, it is unclear if “at least one fastening element” refers to one of “the plurality of fastening elements” of claim 1.
Regarding claim 14, the limitation “the padding comprises a cap covering the 3D entanglement” is unclear. Claim 1 states very specifically “the outer bearing surface being free and not covered, and intended to come directly in contact with a user, wherein the seat element does not have a cover”, but it is unclear how “a cap covering the 3D entanglement” differs from “a cover” that the 3D entanglement padding is to not have.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-9 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kitamoto (WO-2015163188-A1) in view of Patterson (US-20170088026-A1), further in view of Pereny (CN-115139881-A).
Kitamoto discloses a cushion structure. Patterson discloses elastically deformable fasteners to assemble a vehicle seat cushion. Pereny discloses a seat support.
Claim 1 – Kitamoto teaches a vehicle seat element, in particular a motor vehicle seat element (“this invention is applied to the seat of a motor vehicle”, in paragraph 1 of the Description of Embodiments), comprising:
a padding comprising a solidified 3D (“three-dimensional network” in the abstract) entanglement of continuous thermoplastic fibers (“resin wire 12 is formed of a thermoplastic resin” in paragraph 8 of the Description of Embodiments) arranged irregularly forming loops (figure 5) welded together (“the resin wires 12 are welded to each other” in paragraph 36 of the Description of Embodiments),
an interface (element 21A in figure 62), the interface comprising a receiving surface covered at least in part by the padding (figure 62), and
wherein the padding has an inner surface in contact with the receiving surface of the interface (figure 62) and, opposite, an outer bearing surface intended to face a user (figure 62), the outer bearing surface being free and not covered (figure 62), and intended to come directly into contact with a user (figure 62), wherein the seat element does not have a cover (figure 62), that is to say an exterior layer of appearance forming a covering, covering all or part of the seat element (figure 62).
Kitamoto’s disclosure focuses on the structure of the cushion rather than the structure of the vehicle seat. Pereny teaches a structure (element 160 in figure 12).
It would have been obvious to one of ordinary skill in the art to use Kitamoto’s cushion structure with the vehicle seat structure of Pereny as Pereny discloses using a non-foam material for the cushion and it would have been obvious that Kitamoto would require a structure.
Kitamoto teaches the padding and the interface, but is silent on using fasteners to attach the two together. Patterson teaches a plurality of fastening elements (elements 66 and 70 in figure 2A) for fastening the padding to the interface, each fastening element passing through at least a part of the padding (element 16 in figure 2A) and the receiving surface of the interface (elements 44 and 50 in figure 2A), transversely thereto.
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto.
Claim 2 – Kitamoto teaches the padding consists of the 3D entanglement, but does not teach the plurality of fastening elements being in contact with the padding. Patterson teaches the plurality of fastening elements being in contact with the padding (figure 2A).
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto, and that the fasteners would be in contact with the padding.
Claim 3 – Kitamoto teaches the padding comprises the 3D entanglement, but does not teach the plurality of fastening elements being in contact with the padding. Patterson teaches the plurality of fastening elements being in contact with the padding (figure 2A).
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto, and that the fasteners would be in contact with the padding.
Claim 4 – Kitamoto does not teach each fastening element passes through the padding throughout its thickness. Patterson teaches each fastening element passes through the padding throughout its thickness (figure 2A).
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto, and that the fasteners would need to pass through the padding throughout its thickness.
Claim 5 – Kitamoto does not teach the interface comprises a plurality of openings, each opening receiving a fastening element. Patterson teaches the interface comprises a plurality of openings, each opening receiving a fastening element (figure 2A).
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto, and that openings in the interface would be required to receive the fasteners of Patterson.
Claim 6 – Kitamoto does not teach the padding comprises a plurality of openings, each opening receiving a fastening element. Patterson teaches the padding comprises a plurality of openings, each opening receiving a fastening element (figure 2A).
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto, and that openings in the padding would be required to receive the fasteners of Patterson.
Claim 7 – Kitamoto does not teach the number of fastening elements per m2 of the padding is between 12 and 120. Patterson does not disclose dimensions of the vehicle seat, however Patterson (in paragraph [0044]) teaches utilizing four fasteners. It is obvious that standard dimensions of 0.5334 m wide and 0.4064 m deep would apply and, therefore, the taught number of fasteners falls within the range of 2.59 and 25.92 fasteners per 0.216 m2, which is equal to a range of 12 and 120 fasteners per m2. As such, it would have been obvious to one of ordinary skill in the art to provide Kitamoto with the number of fastening elements as taught by Patterson.
Claims 8 and 9 – Kitamoto does not teach at least one fastening element is formed of a single piece. Patterson does not explicitly teach at least one fastening element is formed of a single piece, but Patterson does teach at least on fastening element is formed of two parts complementary and assembled together (elements 66 and 70 in figure 2A).
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the two-piece fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto. It has also been held that forming in one piece an article which has formerly been formed in two pieces put together involves only routine skill in the art.
Claim 11 – Kitamoto teaches selected from at least one of a seat backrest, an armrest, a seat cushion, a headrest, a part thereof and a set of all or part thereof (figure 59 is a seat cushion, and figure 61 is a seat backrest).
Claim 12 – Kitamoto teaches a seat backrest (figure 61), wherein the interface is a backrest interface comprising at least one shell (element 21A in figure 62), in particular deformable (described in paragraph 11 of the Description of Embodiments as “a cloth formed by weaving fibers”, so quite deformable), of a backrest, receiving the padding which is a backrest padding (figure 62), the shell comprising the receiving surface and being configured to take various shapes, in particular from an initial position of lumbar lordosis to a final kyphosis position in response to a variable load applied by the back of the occupant of the seat.
Upholstery is well-known in the art as a material with the purpose of cushioning excess force on various parts of the body, such as the back. It would have been obvious to one of ordinary skill in the art that the cushion of Kitamoto would take various shapes of various users, supporting positions of lumbar lordosis and kyphosis positions in response to a variable load applied by the back of the occupant of the seat.
Claim 13 – Kitamoto teaches the padding comprises several distinct padding elements, connected or not together, each covering a part of the receiving surface of the interface, at different locations thereof (figure 62).
Claim 14 – Kitamoto does not teach the padding comprises a cap covering the 3D entanglement, the cap being attached to the interface. Patterson teaches the padding comprises a cap (element 60 in figure 2A) covering the padding, the cap being attached to the interface (figure 2A).
Cap coverings for seat cushions are well-known in the art, therefore it would have been obvious to one of ordinary skill in the art to use a cap, such as the one taught by Patterson, in the disclosure of Kitamoto.
Claim 15 – Kitamoto teaches a vehicle seat element, in particular a motor vehicle seat element (“this invention is applied to the seat of a motor vehicle”, in paragraph 1 of the Description of Embodiments), comprising:
a padding comprising a solidified 3D (“three-dimensional network” in the abstract) entanglement of continuous thermoplastic fibers (“resin wire 12 is formed of a thermoplastic resin” in paragraph 8 of the Description of Embodiments) arranged irregularly forming loops (figure 5) welded together (“the resin wires 12 are welded to each other” in paragraph 36 of the Description of Embodiments),
an interface (element 21A in figure 62), the interface comprising a receiving surface covered at least in part by the padding (figure 62), and
the seat element forming a seat backrest (figure 61), wherein the interface is a backrest interface comprising at least one shell (element 21A in figure 62), in particular deformable (described in paragraph 11 of the Description of Embodiments as “a cloth formed by weaving fibers”, so quite deformable), of a backrest, receiving the padding which is a backrest padding (figure 62), the shell comprising the receiving surface and being configured to take various shapes, in particular from an initial position of lumbar lordosis to a final kyphosis position in response to a variable load applied by the back of the occupant of the seat.
Upholstery is well-known in the art as a material with the purpose of cushioning excess force on various parts of the body, such as the back. It would have been obvious to one of ordinary skill in the art that the cushion of Kitamoto would take various shapes of various users, supporting positions of lumbar lordosis and kyphosis positions in response to a variable load applied by the back of the occupant of the seat.
Kitamoto teaches the padding and the interface, but is silent on using fasteners to attach the two together. Patterson teaches a plurality of fastening elements (elements 66 and 70 in figure 2A) for fastening the padding to the interface, each fastening element passing through at least a part of the padding (element 16 in figure 2A) and the receiving surface of the interface (elements 44 and 50 in figure 2A), transversely thereto.
Using fasteners, such as that taught by Patterson, to attach parts of vehicle seats is well known in the art and it therefore would have been obvious to one of ordinary skill in the art to utilize the fasteners taught by Patterson to attach the padding to the interface in the disclosure of Kitamoto.
PNG
media_image1.png
382
322
media_image1.png
Greyscale
Image 1
Kitamoto does not teach a structure or a system coupling the deformable shell of a backrest to the structure comprising upper movement control links, and lower movement control links. Pereny teaches a structure (element 160 in figure 12), and Pereny also teaches a system (element 162 in figure 12) coupling the deformable shell of a backrest to the structure comprising upper movement control links (element A in Image 1 above), and lower movement control links (element B in Image 1 above).
It would have been obvious to one of ordinary skill in the art to use Kitamoto’s cushion structure with the vehicle seat structure of Pereny as Pereny discloses using a non-foam material for the cushion and it would have been obvious that Kitamoto would require a structure, as well as a system for coupling the deformable shell of the backrest to the structure. Backrests of seats folding in respect to the seat cushion is well-known in the art, therefore It also would have been obvious to one of ordinary skill in the art to provide upper and lower movement control links to allow the seat to function in such a way.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection above. Kitamoto (WO-2015163188-A1) is relied up to show the thermoplastic fiber padding which is in contact with a user. Patterson is now merely relied upon for the teaching of the fastening elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:30 AM - 2:30 PM EST.
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, DAVID DUNN can be reached at (571) 272-6670. 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.
/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
Prosecution Insights