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 .
Election/Restrictions
Applicant’s election of Invention I, Claims 1-16, without traverse, is acknowledged. Non-elected claims 17-20 have been withdrawn from further consideration.
Information Disclosure Statement
Applicant has filed 13 separate Information Disclosure Statements with 928 citations, including 430 foreign language and 13 non-patent literature documents. The volume of citations appears excessive and is overwhelming to the examination process. While the Office wants Applicants to file relevant documents that they become aware of, the filing of an IDS which blindly lists documents without apparent thought to what relevance may or may not exist to the claims of the instant application does not assist in examination and raises the question if there is intent to bury a relevant reference. Cloaking of a clearly relevant reference by inclusion in a long list of citations may not comply with Applicant’s duty to disclose.
The information referred to in the IDS filed August 11, 2025 has been considered with the exception of Foreign Patent Documents Cite Nos. 1-3, 5, 7-8, 14-15, 17-20, 22-30, and 32-37, which are foreign language documents without corresponding statements of relevancy; and Foreign Patent Documents Cite Nos. 4, 6 and 31, which lack a corresponding copy. Additionally, Foreign language documents DE202018104691U1 and DT 2534054 have been filed but not listed on the IDS. Also neither includes a statement of relevancy. These documents have not been considered.
The information disclosure statement fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language.
The information disclosure statement fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed.
The information disclosure statement fails to comply with 37 CFR 1.98(a)(1), which requires a list of all patents, publications, applications, or other information submitted for consideration by the Office.
Requirement for Information Under 37 CFR 1.105
Applicant and the assignee of this application are required under 37 CFR 1.105 to provide the following information that the Examiner has determined is reasonably necessary to the examination of this application.
A partial review of the documents in the remaining 12 separate Information Disclosure Statements filed in this application reveals that many have no apparent relevance to the claimed invention. Examples are as follows:
December 20, 2024 Filings:
Shimizu et al (US20050030011), Rotation Angle Detector;
Williams (US20080102149), Die For Extruding Material;
Naughton (US8276235), Wearable Wipe Unit;
McWilliams et al (USD1005380), Eyeglass Clip;
Du Moulinet D’Hardemare et al (US20220169554), Conveying of Glass Sheets By Means of Curved Rollers.
October 9, 2024 Filing:
Von Arx et al (US6766201), Telemetry Apparatus and Method For An Implantable Medical Device;
Catlin (US5819408), Recyclable, Low Cost, Collision-Resistant Automobile Chassis and Body;
Vesa (US5587121), Method and Apparatus For The Production of A Gas-Pervious Part In A Gas-Pervious Mould And A Product Made By This Method;
Muskat (US2630968), Electrical Calculator For Solving Phase Equilibrium Problems.
September 6, 2024 Filings:
Lisseman et al (US20180332663), Systems and Methods For Heating and Sensing Proximity to Vehicle Components;
Lohr (US3155363), Seat Adjuster;
Helmenstein (US20130164123), Air Conveyor;
Logan, Jr. et al (US20140029900), Advanced Fiber-Optic Contact and Method;
Ogasawara et al (US9097921), Active Matrix Display Device;
McCorkle et al (US9617021), Apparatus For Bagging A Bale and Method of Bagging Such Bale;
Murray (US9771174), Flexible Funnel For Filling A Pouch With A Product.
For each document cited in these remaining 12 Information Disclosure Statements (note consideration of the IDS filed August 11, 2025) that Applicant wants considered, the following factual information is reasonably necessary to the examination of the application and is required to be provided under 37 CFR 1.105. Applicant must provide the factual basis that caused each document in the Information Disclosure Statements to be disclosed to the Office. This factual basis may include an explanation of how each document bears upon the claimed invention and/or citations to the pertinent portions of the documents, by column/page and line number, that caused Applicant to submit the document for consideration.
Applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR 1.56. Where the applicant does not have or cannot readily obtain an item of required information, a statement that the item is unknown or cannot be readily obtained may be accepted as a complete reply to the requirement for that item.
Drawings
The drawings filed July 17, 2024 are approved.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the set of filaments" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 13-13 are indefinite as each depends from and indefinite claim.
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) 1-4 and 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2023071240A1 in view of Yasue (US4555421) and Wang et al (US6913810.
The primary reference shows all claimed features of the instant invention with the exception of each member of the set of filaments being looped to at least one other member of the set of filaments; and a fastener strip welded to the filament mesh member.
In the primary reference, note a cushion (see Figure 11) comprising: a filament mesh member (see line 1 of the abstract) comprising a set of filaments of thermoplastic material (2b), wherein each member of the set of filaments is bonded (see the abstract) to at least one other member of the set of filaments; and a fastener strip (3b) mounted to the filament mesh member. Note discussion of Example 2 in the translation.
Regarding claim 2, note the fastener strip comprises a hook fastener (“C-shaped” as disclosed in the translation) or a loop fastener.
Regarding claim 3, note the fastener strip further comprises a hook fastener (“C-shaped” as disclosed in the translation).
Regarding claim 4, note the fastener strip is necessarily a first fastener strip. Also note a second fastener strip (1b1) fastened to the first fastener strip. See Figure 11.
Regarding claim 6, note a trim component (1b) attached to the second fastener strip. See Figure 11.
Regarding claim 7, note the trim component is a trim cover and is disposed at least partially over an exterior of the filament mesh member. See Figure 11.
Regarding claim 8, note both the filament mesh member and the first fastener strip comprises the same material (thermoplastic fiber mesh, as discussed in the translation), which is a material that is capable of being recycled.
Regarding claim 9, note an aperture (as shown in Figure 11, at the bottom, adjacent to the right hand edge) is formed into a first surface (bottom surface) of the filament mesh member, spaced apart from the fastener strip.
Yasue conventionally teaches configuring the material of a cushion as formed of looped and bonded fibers (i.e. filaments looped and bonded to one another). Note the abstract.
Wang et al teaches configuring a cushion (22) as including a fastener strip (10, 20) that is welded (see lines 45-55 in column 6) to the material of the cushion.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of Yasue by configuring each member of the set of filaments as looped to at least one other member of the set of filaments. This modification provides a conventionally used configuration for enhancing elasticity in the cushion for improved user support and comfort.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of Wang et al by configuring the fastener strip as welded to the filament mesh member for enhanced securement of the fastener strip to the mesh member.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2023071240A1 in view of Yasue (US4555421) and Wang et al (US6913810, as applied to claim 1 above, and further in view of Takezawa (US6578923).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the second fastener strip further comprises a loop fastener strip.
Takezawa conventionally teaches configuring a cushion with a fastener strip (7) that is a first fastener strip, wherein his cushion has a second fastener strip (4b) that is fastened to the first fastener strip (see Figure 8(b)), wherein the second fastener strip comprises a loop fastener strip (see Figure 8(b)).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the teachings of Takezawa by configuring the second fastener strip as a loop fastener strip, thereby enhancing use opposite a hook fastener strip.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2023071240A1 in view of Yasue (US4555421) and Wang et al (US6913810, as applied to claim 1 above, and further in view of Homier (US3630572).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of a seat frame; wherein the cushion is attached to the frame (claim 10); wherein the trim cover at least partially covers the seat frame (claim 11).
In the primary reference, note a seat assembly (“seat back” or “seat cushion”) as described in the translation.
Regarding claim 11, note the fastener strip is necessarily defined as a first fastener strip (3b); wherein the cushion further comprises a second fastener strip (1b1) fastened to the first fastener strip (see Figure 11); wherein the seat assembly comprises a trim component (1b) attached to the second fastener strip (see Figure 11); wherein the trim component is a trim cover disposed at least partially over an exterior of the filament mesh member (see Figure 11).
Homier conventionally teaches configuring a seat assembly (10) as including a seat frame (74) with a cushion (18) attached thereto (see line 7 of the abstract). Homier also conventionally teaches configuring a seat assembly with a trim cover that at least partially covers the seat frame of the seat assembly. See Figure 3.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by providing a seat frame to the seat assembly of the primary reference, and configuring the cushion as attached to the seat frame (regarding claim 10) to improve structural integrity of the seat assembly for enhance user support, comfort, and safety. Regarding claim 11, it would have been obvious to configure the trim cover such that it at least partially covers the seat frame of the seat assembly to enhance aesthetic appeal.
Claim(s) 12-16, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2023071240A1 in view of Yasue (US4555421) and Wang et al (US6913810.
The primary reference shows all claimed features of the instant invention with the exception of each member of the seat of filaments being looped to at least one other member of the set of filaments; and a support welded to the filament mesh member at a second surface spaced apart from the first surface,
In the primary reference, note a cushion (see Figure 11) comprising: a filament mesh member (see line 1 of the abstract) comprising a plurality of filaments of thermoplastic material (2b), wherein each member of the set of filaments is bonded (see the abstract) to at least one other member of the set of filaments; with an aperture (as shown in Figure 11, at the bottom, adjacent to the right hand edge) formed into a first surface (bottom surface) of the filament mesh member, and a support (1b1) connected to the filament mesh member at a second surface (top surface) spaced apart from the first surface. Note discussion of Example 2 in the translation.
Regarding claim 13, note the aperture is formed to a blind depth. See Figure 11.
Regarding claim 14, note the blind depth is spaced apart from the support. See Figure 11.
Regarding claim 15, note the aperture is formed as a slit. See Figure 11.
Regarding claim 16, note the aperture is sealed (by 4b). See Figure 11.
Yasue conventionally teaches configuring the material of a cushion as formed of looped and bonded fibers (i.e. filaments looped and bonded to one another). Note the abstract.
Wang et al teaches configuring a cushion (22) as including a support (10, 20) that is welded (see lines 45-55 in column 6) to the material of the cushion.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of Yasue by configuring each member of the set of filaments as looped to at least one other member of the set of filaments. This modification provides a conventionally used configuration for enhancing elasticity in the cushion for improved user support and comfort.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of Wang et al by configuring the support as welded to the filament mesh member for enhanced securement of the fastener strip to the mesh member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
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.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
mn /MILTON NELSON JR/July 1, 2026 Primary Examiner, Art Unit 3636
Prosecution Insights