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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 10, 2026 and June 11, 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) 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by anticipated by Perske et al. (6,568,761). Perske et al. discloses a fastener assembly (6) comprising: a retainer portion (11) to be disposed in a cushion body (4) and a protruding portion (7) protruding from the retainer portion (11), the protruding portion (7) shaped and sized to extend from a slot (unlabeled) in the cushion body (4) through a first side (i.e. bottom side) of the cushion body and to engage a support board (3) such that the protruding portion is secured to the support board and the retainer portion is retained in the cushion body (4) to secure the cushion body (4) to the support board (3), wherein the slot comprises an entry port (unlabeled) on a second side surface (i.e. top surface), for facilitating passage of connector (10), of the cushion body. The claim is limited to a fastener assembly “to be disposed in a cushion body comprising a plurality of filaments” as claimed. The claim does not require a cushion body structured with filaments but merely a fastener capable of mounting within a cushion body with filaments. The disclosed fastener of Perske et al. is capable of being mounted within a cushion body with filaments and therefore reads on this intended use of the claimed fastener.
Allowable Subject Matter
Claims 1-8, 10-14 and 16-21 are allowed.
The following is an examiner’s statement of reasons for allowance:
With respect to claim 1, the prior art of record neither singly or in obvious combination discloses a mesh member comprising a first side defining a first side surface and a second side defining a second side surface, the mesh member comprising a set of filaments of thermoplastic material wherein each filament of the set of filaments is looped and bonded to at least one other filament of the set of filaments; a carrier board defining a third surface adjacent the first surface and a fastener comprising a retainer portion disposed in a slot comprising an entry port on the second surface and a protruding portion protruding from the retainer portion through the first surface and through the third surface such that the protrusion portion cooperates with the carrier board to secure the mesh member adjacent the carrier board.
With respect to claim 16, the prior art of record neither singly or in obvious combination discloses a method fi disposing a fastener comprising a retainer portion in a slot defined by a cushion comprising a plurality of filaments of thermoplastic material wherein each filament of the plurality of filaments is looped and bonded to at least one other filament of the plurality of filaments, wherein the slot is disposed below a surface portion along a first side of the cushion and the slot comprises an entry port disposed on a second side of the cushion and coupling the fastener to a rigid support such that a protrusion portion protruding from the retainer portion extends through the cushion and the surface portion into the rigid support.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Amendment
Applicant’s RCE and amendments filed on July 10, 2026 have been fully considered.
Claims 1 and 16, and those claims dependent therefrom, are indicated as allowable in this office action. Applicant’s arguments with respect to claims 1 and 16 are persuasive.
Claim 15, however, is drawn to a fastener. It is not drawn to a fastener in combination with a cushion body. Therefore, the Examiner maintains that the prior art discloses the claim fastener, given that the fastener is capable of being disposed in a cushion body with filaments. The fastener of Perske is capable of fulfilling the claimed function and capable of being positioned within a cushion comprised of filaments. Therefore, Perske reads on the claimed fastener despite not explicitly disclose a cushion body comprised of filaments.
Conclusion
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/Primary Examiner, Art Unit 3993
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