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 .
Response to Amendment
The amendment filed 2/3/2026 has been entered. Claims 26 and 37-40 have been amended. Claims 24-46 remain pending in the application. Examiner appreciates the thorough explanation of the invention and amendments provided in the applicant’s response. Unfortunately, Applicant’s claims remain rejected as explained below.
Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive for the following reasons:
Regarding claim 1, Applicant asserts on Page 8 of Applicant’s remarks dated 2/3/2026, “First, the Office Action fails to identify at least the feature according to which "each side cushion comprises a lateral foam block covered with a respective side cover." The Office Action merely refers to paragraph [0023] of Hayashi (Office Action, pg. 4). However, this paragraph is silent about foam blocks and respective side covers. Figures 2 and 3 of Hayashi do not show any respective cover of the elements pointed by references 21b, 22b (which reference numerals are used to refer to the back sides of the first and second pad layers 21, 22 according to the description) identified by the Office Action as the two side cushions of claim 24… Hayashi discloses only one cover 30 which seems to be common to the whole backrest, and which does not seem to form an integral subassembly with the element 20 identified by the Office Action as corresponding to the rear padding element of claim 24… The Examiner has identified the same "side cover" as satisfying that "each having respective lateral foam blocks and side covers." The same element should not be used for two separately identified elements”
Examiner’s response to Claim 24 found on page 4 of the Office Action dated 11/4/2025:
“Regarding claim 24, Hayashi teaches a backrest for a vehicle seat comprising a backrest frame (element 10), a rear padding element attached to the backrest frame (element 20), two side cushions (elements 21b and 22b), each side cushion comprising a lateral foam block covered with a respective side cover (¶ [0023]), the side covers and the rear padding element constituting an integral subassembly (Figure 2 and ¶ [0023]). (emphasis added)
¶ [0023] of Hayashi teaches: “[0023] As shown in FIG. 2 to FIG. 5, the back pad 20 includes a first pad layer 21 and a second pad layer 22. The first pad layer 21 may be, for example, a polyurethane resin foam (urethane foam). The density of the first pad layer 21 may be, for example, about 0.045±0.005 g/cm.sup.3. The second pad layer 22 has a higher elastic modulus and is harder than the first pad layer 21. The second pad layer 22 may be, for example, an olefin resin bead foam, such as polypropylene or polyethylene. The density of the second pad layer 22 is lower than that of the first pad layer 21, and may be, for example, about 0.03 g/cm.sup.3. The first pad layer 21 and the second pad layer 22 are integrally formed during molding. Alternatively, they may be integrally formed by attaching together.” (emphasis added)
Figure 2 of Hayashi teaches:
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Under broadest reasonable interpretation, a block may be a mass or unit (see Oxford English Dictionary for extrinsic supporting evidence).
Examiner cited side cushions 21b and 22b, clearly found in Figure 2 of Hayashi. 21b and 22b each comprise lateral side units (i.e. blocks) on units (i.e. blocks) 21 and 22 of element 20, of which ¶ [0023] explains is comprised of foam. This directly refutes Applicant’s assertion.
Examiner further asserts Figure 2 of Hayashi demonstrates an exploded view of the integral subassemblies of the seat wherein element 30 covers element 21 which covers element 22 which covers element 10. As such all may be considered covers and/or cushions (given the foam composition) for element 10 under broadest reasonable interpretation.
Finally, Examiner would like to stress that Figure 2 of Hayashi demonstrates the integral subassemblies inasmuch as Figure 3 of the instant application, as Applicant used the same element for 36 and 37 as a side cushion/cover, and the opposing lateral element for 38 and 39 as the other side cushion/cover. For these reasons, the claims remain rejected under 35 U.S.C. § 102.
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.
(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) 24-46 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Hayashi et al. (US 20220219583 A1).
Regarding claim 24, Hayashi teaches a backrest for a vehicle seat comprising a backrest frame (element 10), a rear padding element attached to the backrest frame (element 20), two side cushions (elements 21b and 22b as explained in response to arguments section above), each side cushion comprising a lateral foam block covered with a respective side cover (¶ [0023] as explained in response to arguments section above), the side covers and the rear padding element constituting an integral subassembly (Figure 2 and ¶ [0023] as explained in response to arguments section above).
Regarding claim 25, Hayashi teaches the invention in claim 24, wherein the rear padding element is a rear panel (Figure 2 inasmuch as applicant has claimed).
Regarding claim 26, Hayashi teaches the invention in claim 25, wherein the rear panel is at least partially flexible (¶ [0023]).
Regarding claim 27, Hayashi teaches the invention in claim 26, wherein the rear panel is at least partially foam (¶ [0023]).
Regarding claim 28, Hayashi teaches the invention in claim 27, wherein the rear panel is obtained by: - forming an outer layer by applying at least one layer of paint against a first forming surface of a production tool; - applying a skin against an inner surface of the outer layer; and by - applying a foam layer against an inner surface of the skin, the foam layer having a formulation containing water and a foaming catalyst at the time of its application to the skin (Product by process claim as explained above. Claim 28 is dependent on claim 27 and is therefore considered structurally anticipated inasmuch as applicant has claimed).
Regarding claim 29, Hayashi teaches the invention in claim 25, wherein the rear panel comprises an insert overmolded by the foam (Figure 2, ¶ [0023, 0030] inasmuch as applicant has claimed).
Regarding claim 30, Hayashi teaches the invention in claim 24, wherein the rear padding element is a web (Figure 2 inasmuch as applicant has claimed).
Regarding claim 31, Hayashi teaches the invention in claim 24, wherein each side cover is sewn to the rear padding element (¶ [0023]).
Regarding claim 32, Hayashi teaches the invention in claim 24, wherein each side cover is attached to attachment reliefs of the rear padding element (Figure 2 groove and wire 14 system as explained in ¶ [0027]).
Regarding claim 33, Hayashi teaches the invention in claim 24, wherein each side cover is attached to attachment reliefs of the backrest frame (Figure 2 groove and wire 14 system as explained in ¶ [0027]).
Regarding claim 34, Hayashi teaches the invention in claim 25, wherein the rear panel comprises reliefs for attachment to the backrest frame (Figure 2 groove and wire 14 system as explained in ¶ [0027]).
Regarding claim 35, Hayashi teaches the invention in claim 24, wherein each lateral foam block is held in position around a respective upright of the backrest frame by means of the respective side cover (Figure 2. ¶ [0023-0024]).
Regarding claim 36, Hayashi teaches the invention in claim 24, wherein each lateral foam block is bent to at least partially cover three separate faces of the associated upright of the backrest frame (Figure 2. ¶ [0023-0024]).
Regarding claim 37, Hayashi teaches the invention in claim 24, further comprising at least one central padding module, arranged between the two side cushions (Figure 2, elements 21a and 22a).
Regarding claim 38, Hayashi teaches the invention in claim 37, wherein the central padding module comprises a separate padding of the side cushions (Figure 2, inasmuch as applicant has claimed).
Regarding claim 39, Hayashi teaches the invention in claim 37, wherein the central padding module comprises at least one support (elements 11 and 14), attached to the backrest frame (elements 11 and 14), and a central foam block covering all or part of the support (Figure 2. ¶ [0023-0024]).
Regarding claim 40, Hayashi teaches the invention in claim 24, wherein at least one side cushion comprises a lateral airbag device (Figure 3, element 5, supported in ¶ [0022]), attached to an upright of the backrest frame and at least partially surrounded by the foam block of said side cushion (Figure 3, element 5, supported in ¶ [0022]).
Regarding claim 41, Hayashi teaches a motor vehicle seat comprising a seat bottom with a seat frame and the backrest according to claim 24 (¶ [0002]/. Figures 1 and 2), the backrest frame being attached to the seat frame (Figures 1 and 2).
Regarding claim 42, Hayashi teaches a method for manufacturing the backrest of a motor vehicle seat according claim 24 (Product by process claim as explained above. Claim 42 is dependent on claim 24 and is therefore considered structurally anticipated inasmuch as applicant has claimed), comprising the following steps: i) providing a backrest frame (element 10); ii) providing an integral subassembly consisting of a rear padding element and two side covers for side cushions (Figure 2 and ¶ [0023]); iii) attaching the rear padding element to the backrest frame (Figure 2. ¶ [0023-0024]); iv) filling each side cover with at least one foam block at least partially surrounding an upright of the backrest frame in order to form two side cushions (Figure 2. ¶ [0023-0024]).
Regarding claim 43, Hayashi teaches the invention in claim 42, wherein step ii) comprises the sub-steps of: a) producing a rear padding element (Figure 2. ¶ [0023-0024, 0030]); b) providing two side covers (Figure 2. ¶ [0023-0024]); c) attaching the two side covers to the rear padding element (Figure 2. ¶ [0023-0024]).
Regarding claim 44, Hayashi teaches the invention in claim 43, wherein step a) comprises the sub-steps of:-forming an outer layer by applying at least one layer of paint against a first forming surface of a production tool; - applying a skin against an inner surface of the outer layer; and - applying a foam layer against an inner surface of the skin, the foam layer having a formulation containing water and a foaming catalyst at the time of its application to the skin (Product by process claim as explained above. Claim 44 is dependent on claim 43 and is therefore considered structurally anticipated inasmuch as applicant has claimed).
Regarding claim 45, Hayashi teaches the invention in claim 44, wherein the skin is made of substantially non-cellular polyurethane (Product by process claim as explained above. Claims 44 and 45 are dependent on claim 43 and is therefore considered structurally anticipated inasmuch as applicant has claimed).
Regarding claim 46, Hayashi teaches the invention in claim 44, wherein the foam layer is made of a cellular polyurethane foam (Figure 2 and ¶ [0023-0024, 0030, 0035]. Examiner takes official notice that flexible polyurethane foams are well known in the art to comprise open-cell structures. See Wikipedia-Polyurethane foam for extrinsic supporting evidence).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MICHAEL HESTON whose telephone number is (571)272-3099. The examiner can normally be reached Mondays and Wednesdays: 0500-1300, Tuesdays 0500-1400, Thursdays and Fridays by appointment only..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy D Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN MICHAEL HESTON/Examiner, Art Unit 3644
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