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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 21 July 2026 has been entered.
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) 11 and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oeuvrard et al. (FR 2937932 previously provided by Applicant; machine translation attached).
Regarding claim 11, Oeuvrard discloses a seat body of a motor vehicle (the arrangement is for a motor vehicle and would at least be broadly viewed as a “seat body”), comprising: a one-piece support element (4) configured with a support element material body (the body thereof) and a connecting body receptacle (formed by members 11, 24 for instance), the support element material body having a fastening surface and a seat cover surface opposite the fastening surface (at a lower and upper surface thereof, respectively); wherein the connecting body receptacle has a mounting opening (centrally oriented), into which a connecting body (including 13 for instance) of a switch device (3) is insertable into the connecting body receptacle through the mounting opening, a depth of the connecting body receptacle being greater than a thickness of the support element material body (i.e. a depth/height of the opening is greater than a thickness of main body 4; see figures), wherein, in an inserted state, the connecting body is held on the support element such that an actuating element (10, 12, and/or 28 for instance) fastened to the connecting body ends at the seat cover surface (at least inasmuch as in the invention; see figures); and, a seat cover (including 6) that covers the seat cover surface of the support element, as a result of which the connecting body receptacle is covered by the seat cover such that, when the connecting body is in the inserted state in the connecting body receptacle, the actuating element is covered by the seat cover (this is the general arrangement; see Figure 4 showing the cover covering the actuating element, connecting body receptacle, and seat cover surface).
Regarding claim 13, Oeuvrard further discloses the connecting body is insertable into the connecting body receptacle through the mounting opening from a side of the fastening surface of the support element body (i.e. 13 is insertable on a lower side of 4).
Regarding claim 14, Oeuvrard further discloses the support element has a fixing device (at 23 for instance) which is designed, when the connecting body is in the inserted state in the connecting body receptacle, to fix the connecting body in and/or at the connecting body receptacle (this is the general arrangement).
Regarding claim 15, Oeuvrard further discloses a padding material (70) arranged on the seat cover surface, wherein the connecting body receptacle is free from the padding material (see Figure 4), the seat cover is arranged on a padding element surface facing away from the seat cover surface, the depth of the connecting body receptacle is designed such that the connecting body, when in the inserted state in the connecting body receptacle, is held such that the actuating element ends at the padding element surface (much as explained above; again, see Figure 4).
Regarding claim 16, Oeuvrard further discloses the seat cover comprises a marking arrangement which corresponds positionally with the connecting body receptacle and has one or more of the following marking elements: a color marking, an impression, an embroidered structure, a stitched structure, a marking cover element, or a badge (the luminescent pictogram arrangement at 52 for example is viewed at least as a color marking, impression, marking cover element, and/or a badge).
Regarding claim 17, Oeuvrard further discloses a seat (at least 1 broadly as explained above), comprising: a seat body according to claim 11; and the switch device having the connecting body and the actuating element, wherein the connecting body is arranged in the connecting body receptacle (this is the general arrangement).
Regarding claim 18, Oeuvrard further discloses the actuating element of the switch device has a haptic body which extends in the direction of the seat cover and is identifiable on an outer surface of the seat cover (the design of 52 would provide this feature while additional “feedback” for the user is also disclosed).
Regarding claim 19, Oeuvrard further discloses the actuating element of the switch device has a position control body which extends in the direction of the seat cover and is identifiable on an outer surface of the seat cover element in an actuating element position into which the actuating element is adjustable (much as above, at least 52, 5, etc. would provide this feature).
Regarding claim 20, Oeuvrard further discloses a motor vehicle comprising a seat according to claim 17 (it is disclosed for use with a motor vehicle).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot in view of the new grounds of rejection necessitated by Applicant’s amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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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.
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/PHILIP F GABLER/ Primary Examiner, Art Unit 3636
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