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 § 102
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 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) 1 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stiller et al. (U.S. 8,690,257, as cited by Applicant).
As for Claim 1, Stiller discloses a cover fastening clip comprising:
a plate-shaped base portion (52) configured to be embedded in a foam body (16) and held in the foam body (see Fig. 6);
a pair of extension portions (see Annotated Fig.) provided at interval in a width direction of the base portion (see Fig. 2) and extending in a thickness direction of the base portion (see Fig. 2);
fastening portions (50), each being provided at each tip of the pair of extension portions (see Fig. 2), configured to fasten a fastened portion (58) provided at a cover for covering the foam body (see Fig. 6); and
support portions (46), each extending from each of the extension portions outward in the width direction of the base portion (see Fig. 2), contacting the base portion to support the extension portions when the extension portions are bent outward in the width direction (see Annotated Fig.).
4. (Currently Amended) The cover fastening clip according to claim 1, wherein the support portions each have a curved shape portion (see curved shaped portions of 46 disclosed in Fig. 2).
5. (Currently Amended) The cover fastening clip according to claim 1, wherein each of a base end portion (thickened portion at a base end of 46, see Annotated Fig.) of the support portion is positioned at a tip side of each of the extension portions (tip side of extension portions being side where 50 is disclosed, see Annotated Fig.).
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Allowable Subject Matter
Claims 2-3 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:
Eldridge et al. U.S. 2021/0053472
Tsunoda U.S. 2012/0174352
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677