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 03-09-2026 has been entered.
Claims 1-3 and 5-19 are pending.
Specification
The substitute specification filed 03-09-2026 has been entered.
Claim Objections
Claims 13, 15, 16, and 18 are objected to because of the following informalities:
Claim 13, line 4, before “one” insert --the--;
Claim 15, line 2, delete “a recess is formed in at least one of the pair of lateral parts,”;
Claim 16, line 15, delete “into”; and
Claim 18, line 5, change “another” to --the other--.
Appropriate correction is required.
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.
Claims 1-3, 5, 9, 10, 13, and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US#2020/0375371).
Regarding claims 1 and 18, Zhang et al. (US#2020/0375371) a clip engagement member 10 configured to form a cover material attachment together with a clip 30 that is configured to be attached to one of a cushion material 16 and a cover material 18, the clip comprising a single claw or a pair of claws 32 facing each other, the clip engagement member comprising: a base 12 that is configured to be attached to the other one of the cushion material and the cover material; and a body 14 extending from the base and that is configured to be inserted in the clip along an extending direction (downward Z-axis direction), the body comprising: a pair of lateral parts (opposing lateral portions of 14 extending between and including portion 24 and 26, see Fig. 2) facing opposite sides to each other in a thickness direction (right and left Y-axis direction) intersecting with the extending direction, at least one of the pair of lateral parts being configured to face the claw, the at least one of the pair of lateral parts being provided with a recess 29; an engagement portion (bottom surface of the recess 29) formed in the at least one of the pair of lateral parts, the engagement portion being engageable with the claw portion 36 (Fig. 6B, [0062]), the engagement portion comprising an engagement surface (bottom surface of the recess 29) formed in the recess to face an opposite direction (upward Z-axis direction) to the extending direction; and a disengagement guide 28 (tapered surface) formed in the at least one of the pair of lateral parts across a range from a) a position adjacent to the engagement portion in a length direction (X-axis direction) intersecting with each of the extending direction and the thickness direction to b) a distal end (adjacent 26) in the extending direction, the disengagement guide being configured to guide the claw in the extending direction.
Regarding claim 2, wherein the disengagement guide 28 has a flat shape (planar surface, see Figs. 1-2) extending across the range of the at least one of the pair of lateral parts.
Regarding claim 3, wherein a dimension of the body in the thickness direction defined by the disengagement guide gradually decreases toward the extending direction (see Figs. 1-2, [0058], “A width of the rib portions 28 as measured between both surfaces in the Y-axis direction is formed to be linearly gradually decreased from the middle flange portion 24 toward the end edge flange portion 26, so that the rib portions 28 are formed in a shape of an inclined surface along the Z-axis direction on both sides of the center plate-shaped portion 20.”).
Regarding claim 5, wherein the recess 29 comprises a guiding inclined surface (tapered vertical side surface) facing an opening of the recess, the guiding inclined surface extending from a bottom of the recess to an edge of the recess while being inclined to the length direction, the edge being adjacent to the disengagement guide (see Figs. 3A-3B).
Regarding claim 9, wherein the body further comprises a projection 24 in the at least one of the pair of lateral parts, the projection projecting in the thickness direction (projection 24 projecting/extending beyond distal end portion 26 in the thickness direction).
Regarding claims 10 and 18, wherein one or more engagement portions including the engagement portion and a plurality of disengagement guides including the disengagement guide are alternately formed in the length direction in the at least one of the pair of lateral parts (see Fig. 1 and alternating disengagement guides 28 and recesses 29).
Regarding claim 13, Zhang discloses a cover material attachment comprising: the clip engagement member according to claim 1; and the clip, the clip comprising: a clip base 34 that is configured to be attached to one of the cushion material and the cover material; a pair of legs 44,46 “provided for” (connected to) the clip base, the pair of legs facing each other; and the claw 32 “provided for” (connected to) at least one of the pair of legs (see Figs. 6A-6B).
Regarding claim 16, Zhang discloses a cover material attachment comprising: a clip 30; and a clip engagement member 10 wherein: the clip comprises: a clip base 34 that is configured to be attached to one of a cushion material 16 and a cover material 18; a pair of legs 44,46 “provided for” (connected to) the clip base; and a claw 32 “provided for” (connected to) at least one of the pair of legs; and the clip engagement member comprises: an engagement member base 12 that is configured to be attached to the other one of the cushion material and the cover material; and a body 14 extending from the engagement member base, the body being to be inserted between the pair of legs (Figs. 6A-6B) along an extending direction (downward Z-axis direction); and wherein: the body comprises a plurality of engagement portions 29 arranged in parallel at an interval along a length direction (X-axis direction) (Fig. 1) intersecting with the extending direction, the plurality of engagement portions being engageable with the claw (portion 36 thereof, [0062]).
Regarding claim 16, since Zhang discloses all the claimed structure of the cover material attachment, it is therefore inherent the claw performs the claimed processes, namely the claw is configured to perform, in sequence, a first movement comprising a relative movement in the length direction from a state of being engaged with one of the engagement portions and a second movement comprising a relative movement in an opposite direction to the extending direction from a state of being placed between two of the engagement portions that are adjacent in the length direction, and the second movement of the claw causes the body to come out from between the pair of legs. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification, it can be assumed the device will inherently perform the same process. In re King, 802 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986).
Regarding claim 17, wherein the body comprises a slit 20 extending above and between the engagement portions that are adjacent in the extending direction, the slit being cut from (open at) a distal end thereof in the extending direction.
Allowable Subject Matter
Claims 6-8, 11, 12, 14, 15, and 19 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, Zhang fails to disclose or suggest the following: wherein an edge of the recess protrudes toward the thickness direction beyond the disengagement guide adjacent to the edge.
Regarding claim 7, Zhang discloses a dimension of the body in the thickness direction defined by the disengagement guide gradually decreases toward the extending direction via its taper. However, Zhang fails to disclose or suggest the following: wherein the body further comprises an engagement guide formed, in the at least one of the pair of lateral parts, on a side closer to the distal end in the extending direction than the engagement portion.
Regarding claims 11 and 19, Zhang fails to disclose or suggest the following: wherein the body further comprises at least one restricting protrusion protruding in the thickness direction from one side in the length direction of the engagement portion.
Regarding claim 12, Zhang fails to disclose or suggest the following: wherein the engagement portion comprises a plurality of protrusions protruding in the thickness direction from the at least one of the lateral parts, the plurality of protrusions being arranged in the length direction.
Regarding claim 14, Zhang discloses a clip assembly comprising a plurality of integrally formed clips including the clip, the plurality of integrally formed clips being arranged in the length direction ([0072]); and the at least one of the pair of lateral parts comprises: one or more engagement portions 29 including the engagement portion and a plurality of disengagement guides 28 including the disengagement guide alternately formed in the length direction (see Fig. 1 and alternating disengagement guides 28 and recesses 29). However, Zhang fails to disclose or suggest the following: a clip restricting protrusion, wherein: a restricting surface formed between the engagement portion and the disengagement guide, the restricting surface facing the length direction, and the clip restricting protrusion protrudes from the clip base between two of the clips that are adjacent, the clip restricting protrusion being configured to come into contact with the restricting surface.
Regarding claim 15, Zhang fails to disclose or suggest the following: the claw comprising a claw guiding inclined surface inclined to the length direction to face a bottom of the recess and face an edge of the recess, the edge being adjacent to the disengagement guide.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made above. Consequently, the instant Office action has been made non-final. If the allowable subject matter of any of the objected claims is acceptable, the applicant is invited to contact the Examiner to request an Examiner’s Amendment in an effort to expedite prosecution.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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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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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677