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
Claims 16-20 remain withdrawn from further consideration.
Claim Objections
The objection of claims 1-10 has been overcome by amendment.
Claim Rejections - 35 USC § 112
The rejection of claim 14 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, has been overcome by amendment.
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, 6-7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554).
The primary reference shows all claimed features of the instant invention with the exception of the component being specifically termed fabric (claim 1); the fabric component at least partially comprises a resin material (claim 6); wherein the carrier at least partially comprises a material having a melting temperature that is greater than a melting temperature of the material of the fabric material (claim 7); wherein the fabric is pre-tensioned prior to the molding of the carrier to the fabric (claim 9).
In the primary reference, note a seat assembly, comprising: a component (50) defining a seat surface; and a carrier (20) molded (see ¶ 0029) to the component, wherein the carrier includes a curved parting line (joint 32 between 30 and 40, as shown in Figure 2; note the periphery of the joint is arcuate) that circumscribes a perimeter of the carrier, and wherein the includes a plurality tension zones (the entire component is in tension, therefore each zone thereof is necessarily in tension). Also note the carrier comprises an upper section (30) and a lower section (40), and wherein the parting line (32) is disposed therebetween. See Figure 2. Additionally, note a distance between an upper surface of the upper section, opposite the parting line, and the parting line is variable along the parting line. Note the distance from the parting line at the uppermost center portion of 30 is greater than the distance from the parting line to other upper surface points of the upper section. See Figure 2.
The secondary reference teaches configuring a seat assembly with a fabric component (102; see ¶ 0020) defining a seat surface, wherein the fabric component at least partially comprises a resin material (see ¶ 0005); wherein a carrier of the seat assembly at least partially comprises a material having a melting temperature that is greater than a melting temperature of the material of the fabric component (see ¶ 0005); wherein the fabric is pre-tensioned prior to the molding of the carrier to the fabric (see ¶ 0007).
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 forming the component from a fabric (regarding claim 1; for providing support with a conventionally used, durable, and readily available material); wherein the fabric at least partially comprises a resin material (regarding claim 6; for enhancing support with a conventionally used, durable, and readily available material); wherein the carrier at least partially comprises a material having a melting temperature that is greater than a melting temperature of the material of the fabric material (regarding claim 7; in order to properly match the material of the carrier with that of the fabric, as discussed in ¶ 0021); wherein the fabric is pre-tensioned prior to the molding of the carrier to the fabric (regarding claim 9; in order to permanently set the desired tensioning as desired).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554), as applied to claim 2 above, and further in view of Bogard (US20100213750).
The primary reference shows all claimed features of the instant invention with the exception of a thickness of the upper section is variable along a perimeter of the upper section.
Bogard teaches configuring a carrier section (100) for a seat assembly as having a variable thickness along its perimeter. Note Figures 1 and 4-7.
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 Bogard by configuring the thickness of the upper section (i.e. the carrier) as variable along its perimeter. This modification enhances aesthetic appeal by providing contours to the carrier.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554), as applied to claim 2 above, and further in view of Bogard (US20100213750).
The primary reference shows all claimed features of the instant invention with the exception of a thickness of the lower section is variable along a perimeter of the lower section.
Bogard teaches configuring a carrier section (100) for a seat assembly as having a variable thickness along its perimeter. Note Figures 1 and 4-7.
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 Bogard by configuring the thickness of the lower section (i.e. the carrier) as variable along its perimeter. This modification enhances aesthetic appeal by providing contours to the carrier.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554), as applied to claim 2 above, and further in view of Rowland et al (US7871131).
The primary reference shows all claimed features of the instant invention with the exception of two of the tension zones being configured to receive and support different amounts of weight.
Rowland et al teaches configuring a seat assembly with a fabric component (12) mounted on a carrier, wherein the fabric component has multiple tension zones (20-28) each having different tension.
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 Rowland et al by configuring the different tension zones of the primary reference as each having a different tension. This modification provides different supporting capacity in each zone, as zones with higher tension are capable of supporting more weight than those with lower tension, thereby enhancing user support and comfort.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554), as applied to claim 2 above, and further in view of Su (US6550866).
The primary reference shows all claimed features of the instant invention with the exception of the curved parting line defining a plurality of inflection points.
Su teaches configuring a seat assembly with a mesh component (3) tensioned between two parts (1 and 4) of a carrier. The two parts form a curved parting line (see Figures 1 and 3), wherein the parting line defines a plurality of inflection points (note the contours, as shown in Figure 1).
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 Su by configuring the curved parting line as defining a plurality of inflection points. This modification enhances aesthetic appeal.
Claim(s) 11, 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554) and Su (US6550866).
The primary reference shows all claimed features of the instant invention with the exception of the component being specifically fabric, and the curved parting line defining a plurality of inflection points.
Note description of the primary reference in the rejection of claim 1 above. Additionally note at least one of a first maximum distance between an upper surface of the upper section, opposite the parting line, and the parting line, and a second maximum distance between a lower surface of the lower section, opposite the parting line, and the parting line, is variable along the parting line.
Note the description of Oomen et al with regards to teaching a component to be made of fabric in the rejection of claim 1 above. Additionally note that Oomen et al teaches using a knitted fabric (see ¶ 0021).
Note the description of Su with regards to defining a plurality of inflection points with a curved parting line in the rejection of claim 10 above.
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 Oomen et al by forming the component from a fabric for providing support with a conventionally used, durable, and readily available material; wherein the fabric is a knit fabric (regarding claim 15; as a matter of design choice).
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 Su by configuring the curved parting line as defining a plurality of inflection points. This modification enhances aesthetic appeal.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US20090315384) in view of Oomen et al (US20220039554) and Su (US6550866), as applied to claim 13 above, and further in view of view of further in view of Bogard (US20100213750).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of a thickness of the upper section or the lower section being variable along a perimeter of the upper section.
Note the description of Bogard with regards to the variable thickness of a carrier along its perimeter in the rejections of claims 4 and 5 above.
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 Bogard by configuring the thickness of the upper section or the lower section (i.e. the carrier) as variable along the perimeter of the upper section. This modification enhances aesthetic appeal by providing contours to the carrier.
Response to Amendment/Arguments
Applicant’s response has been fully considered. Remaining issues are described above.
Applicant’s arguments with respect to the applied prior art references are not persuasive.
Regarding claim 1, Applicant argues that the combination of Yang and Oomen fails to teach the limitation “wherein the carrier comprises an upper section and a lower section, wherein the parting line is disposed therebetween, and wherein a maximum distance between an upper surface of the upper section, opposite the parting line, and the parting line is variable along the parting line”. See the second paragraph on page 6 of the REMARKS. The examiner disagrees. Yang shows a carrier (20) having an elliptical cross-section (see Figure 2) comprised of an upper section (30) having an upper surface (i.e. the circumferential surface extending from the parting line upwardly), and a lower section (40) having a lower surface (i.e. the circumferential surface extending from the parting line downwardly). The upper section and the lower section are disposed with a parting line (joint 32) therebetween. As can be seen in Figure 2, and more explicitly in the mark-up below, a maximum distance between the upper surface of the upper section, opposite the parting line is variable as a one moves along (i.e. along) the parting line. Note the maximum distance at pt. B is different (i.e. varied from) than the maximum distance at pt. A, and different (i.e. varied from) than the maximum distance at pt. C. Similarly note such with regards to the lower surface of the lower section (see Applicant’s arguments throughout page 8 of the REMARKS). The curvilinear nature of the upper and lower surfaces necessitates the maximum distance from the parting line to vary along the horizontal run of the parting line.
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Applicant further argues that the secondary references to Oomen et al fails to “cure the deficiencies of Yang, at least because the frame 108 of Oomen does not include an upper section and a lower section”. See the second paragraph on page 7 of the REMARKS. Oomen et al has not been applied to the prior art as showing an upper and a lower section. As such, this argument doesn’t appear relevant. Similarly note the first paragraph on page 9 of the REMARKS with regards to claim 11, and the application of each of Oomen and Su as secondary references. In response to Applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references.
No arguments appear to have been provided with regards to additional secondary references Bogard and Rowland et al.
All rejections are proper.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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mn /MILTON NELSON JR/August 3, 2026 Primary Examiner, Art Unit 3636
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