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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information referred to in the information disclosure statements filed on June 12, 2024 has been considered as to the merits.
Specification
The disclosure is objected to because of the following informalities: The disclosure refers to specific claim numbers. Claim numbering and the scope of claims can change throughout prosecution of the application making reference to particular claim numbers in the specification incorrect. Removal of claim numbers from the specification is recommended.
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) 1-4 and 6-9 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Regis et al. (EP3486113 A1). With respect to claim 1, a seat trim element in the form of a seat cushion of a seat part (unlabeled) formed as a three dimensionally shaped seat cover element and/or three-dimensionally shaped seat upholstery element (7) of a vehicle seat (note how element is sewn or connected to the seat cover (7) by means of a zipper see translation paragraph [0078]), wherein at least one three-dimensionally shaped insert (1) or (10) produces by a thermoforming process (see translation paragraph [0022] and [0018]) is provided, which can be attached or is detachably or interchangeably attached to the seat trim element.
With respect to claim 2, the insert is three-dimensionally shaped by a pressure thermoforming process of by a high frequency welding of plastics fibers (see paragraph [0018])
With respect to claim 3, the three dimensionally shaped insert is a three-dimensionally shaped cushion insert (on either a side face of a seat bottom cushion or a rear face of a seat back cushion).
With respect to claim 4, the three-dimensionally shaped insert is a three dimensionally shaped shoulder support element (on a rear face of the seat back cushion, the insert provides support for a seat occupant’s shoulders).
With respect to claim 6, further comprising a three-dimensionally shaped seat cushion element, as shown in Figure 3c.
With respect to claim 7, the insert is three-dimensionally pre-shaped (see cut blanks) and an upper surface (2) is formed of a covering material comprising vinyl, fabric and/or leather and or molded-in embossing (see translation paragraph [0049]) and a lower surface is formed of a three-dimensionally shaped fiber material to form part of the three-dimensionally shaped trim (7) (see paragraph [0057]).
With respect to claim 8, a vehicle seat which comprises a supporting structure in the form of a seat frame (see translation paragraph [0031]) and a seat trim arranged on the supporting structure as claimed in claim 1,
With respect to claim 9, the seat trim element is a seat cushion trim element (10), a seat backrest trim element (1), a seat headrest rim element or a seat armrest trim element.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Regis et al. (EP3486113 A1). Regis et al. discloses all claimed elements with the exception of the three-dimensionally shaped insert being an armrest element It would have been obvious to a person having ordinary skill in the art at the time of filing to form an insert for application to any portion of a vehicle seat such as a headrest or an armrest. Forming a cladding as disclosed by Regis et al. for other underlying elements of the vehicle seat would require only routine experimentation and would have the excepted result of providing a covering element that achieves a high-quality impression both visually and haptically (see translation paragraph [0007]) in an armrest component of a vehicle seat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sepasi et al. (US 2021/0138760); Lorbiecki (5,538,326) and Cassellia et al. (US 2009/0013357).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B. MCPARTLIN whose telephone number is (571)272-6854. The examiner can normally be reached M-F 8 am - 5 pm.
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, Eileen Lillis can be reached at 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B MCPARTLIN/Reexamination Specialist, Art Unit 3993