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 .
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 4-5, 8-10 14- 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.
The claims 4 and 14 recitations of “a first side” and “a second side” are unclear, as it is unknown whether they are supposed to refer to the “first side” and “second side” recited in amended claims 1 and 11 from which they respectively depend, or alternatively, are supposed to establish completely new “first side” and “second side” elements. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 4-5, 8-9 and 14-19 recite the limitation "the one side". There is insufficient antecedent basis for this limitation in the claims.
Claims 10 and 20 are rejected as depending from rejected claims 9 and 19, respectively.
Claim Rejections - 35 USC § 103
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.
Claims 1, 4-11 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2013/0249258 to Kortwig (“Kortwig”) in view of U.S. Patent Application Publication No. 2010/0206863 to Ritter (“Ritter”).
Regarding claim 1, Kortwig discloses an assembly (e.g. assembly shown in figs. 6-7 and discussed at para. 25), comprising: i) a foam (para. 11) seat cushion (26, as shown in figs. 6-7 and discussed at para. 25) comprising a first side (e.g. surface 50, as shown in figs. 6-7 and discussed at para. 25) and a second side (e.g. lower surface, as shown in figs. 6-7) opposite to (figs. 6-7) the first side (50); and ii) a heater wire (22, as shown in figs. 6-7 and discussed at para. 25) attached directly onto (figs. 6-7) the first side (50) of the foam seat cushion (26), wherein the heater wire (22) and attachment material associated with (figs. 6-7) the heater wire (22) are located on (figs. 6-7) the first side (50) of the foam seat cushion (26) and the second side (aforementioned lower surface) is free from attachment material associated with (figs. 6-7) the heater wire (22).
Kortwig does not disclose said heater wire (22) being sewn onto the first side (50) of the foam seat cushion (26) using stitching material.
Ritter teaches the concept of providing a wire (e.g. electrical lead 4, as shown in figs. 1and 3 and discussed at para. 77) sewn onto (para. 12) an automotive seat (para. 91) using stitching material (e.g. stitches 5, as shown in fig. 3 and discussed at para. 73).
Given that Kortwig and Ritter both concern an automobile seats having heating elements attached thereto, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the Ritter stitching teachings to the Kortwig assembly as desired, in order to provide the benefit of firmly affixing the Kortwig heater wire 22 to the underlying surface 50.
Regarding claim 4, Kortwig in view of Ritter discloses the assembly of claim 1, wherein: i) the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) comprises a first side (e.g. upper surface, as shown in Kortwig figs. 6-7); ii) the foam seat cushion (Kortwig 26) includes a second side (e.g. lower surface, as shown in Kortwig figs. 6-7) opposite from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper surface); iii) the foam seat cushion (Kortwig 26) has an overall thickness (Kortwig figs. 6-7) extending from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper surface) to the second side (aforementioned Kortwig lower surface); and iv) the foam seat cushion (Kortwig 26) includes (Kortwig figs. 6-7) the heater wire (Kortwig 22) and stitching zone thickness (e.g. thickness of Ritter stitches 5, as applied to Kortwig) starting from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper surface), the heater wire (Kortwig 22) and stitching zone thickness (aforementioned thickness of Ritter stitches 5) being less than the overall thickness (Kortwig figs. 6-7).
Regarding claim 5, Kortwig in view of Ritter discloses the assembly of claim 1, wherein stitching (Ritter 5) associated with the heater wire (Kortwig 22) is within a 10 mm depth from an outer surface (Kortwig figs. 6-7) of the one side (aforementioned Kortwig upper surface) of the foam seat cushion (Kortwig 26).
Regarding claim 6, Kortwig in view of Ritter discloses the assembly of claim 1, wherein stitching (Ritter 5) associated with the heater wire (Kortwig 22) comprises blind stitching (Ritter para. 73).
Regarding claim 7, Kortwig in view of Ritter discloses the assembly of claim 6, wherein the blind stitching (Ritter para. 73) comprises the heater wire (Kortwig 22) extending through (Ritter fig. 1; note the location of electrical leads 4) stitching loops (Ritter 5, as shown in fig. 1).
Regarding claim 8, Kortwig in view of Ritter discloses the assembly of claim 6, including a tunnel (e.g. Kortwig coating 42, as shown in figs. 6-7) attached to (Kortwig figs. 6-7) the one side (aforementioned Kortwig upper surface) of the foam seat cushion (Kortwig 26) along a designated wire path (e.g. path along which Kortwig coating 42 travels, as shown in figs. 6-7), the tunnel (aforementioned path along which Kortwig coating 42 travels) formed from a heat conductive material (per Kortwig para. 19, coating 42 may be a varnish, lacquer or polymeric material) and wherein the heater wire (Kortwig 22) is located within (Kortwig figs. 6-7) the tunnel (Kortwig 42).
Regarding claim 9, Kortwig in view of Ritter discloses the assembly of claim 1, wherein the foam seat cushion (Kortwig 26) comprises single-piece foam body (Kortwig figs. 6-7) comprising a scrim material (e.g. Kortwig second layer 54, as shown in figs. 6-7) on the one side (Kortwig 50), and wherein the heater wire (Kortwig 22) is directly sewn to (see the combination set forth in the rejection of claim 1, supra) the scrim material (Kortwig 54).
Regarding claim 10, Kortwig in view of Ritter discloses the assembly of claim 9, including a trim cover (e.g. Kortwig 52, as shown in fig. 7) attached to (Kortwig fig. 7) the foam seat cushion (Kortwig 26) over (Kortwig fig. 7) the scrim material (Kortwig 54) and forming a trim cover (Kortwig 52) module (Kortwig fig. 7).
Regarding claim 11, Kortwig discloses a method (para. 2), comprising: i) attaching (figs. 6-7) a heater wire (22, as shown in figs. 6-7 and discussed at para. 25) directly to (figs. 6-7) a first side (e.g. surface 50, as shown in figs. 6-7 and discussed at para. 25) of a foam (para. 11) seat cushion (26, as shown in figs. 6-7 and discussed at para. 25), wherein the foam seat cushion (26) comprises a first side (50) and a second side (e.g. lower surface, as shown in figs. 6-7); ii) positioning (figs. 6-7) the heater wire (22) on (figs. 6-7) the first side (50) of the foam seat cushion (26); and iii) maintaining (figs. 6-7) the second side (aforementioned lower surface) free from attachment material associated with (figs. 6-7) the heater wire (22).
Kortwig does not disclose said heater wire (22) being sewn onto the first side (50) of the foam seat cushion (26) using stitching material.
Ritter teaches the concept of providing a wire (e.g. electrical lead 4, as shown in figs. 1and 3 and discussed at para. 77) sewn onto (para. 12) an automotive seat (para. 91) using stitching material (e.g. stitches 5, as shown in fig. 3 and discussed at para. 73).
For the reasons set forth in the rejection of claim 1, supra, it would have been obvious to apply the Ritter stitching teachings to the Kortwig assembly as desired.
Regarding claim 14, Kortwig in view of Ritter discloses the method of claim 11, wherein: i) the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) comprises a first side (e.g. upper surface, as shown in Kortwig figs. 6-7); ii) the foam seat cushion (e.g. upper surface, as shown in Kortwig figs. 6-7) includes a second side (e.g. lower surface, as shown in Kortwig figs. 6-7) opposite from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper surface); iii) the foam seat cushion (Kortwig 26) has an overall thickness (Kortwig figs. 6-7) extending from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper surface) to the second side (aforementioned Kortwig lower surface); and iv) the method includes forming the heater wire (Kortwig 22) and stitching zone thickness (e.g. thickness of Ritter stitches 5, as applied to Kortwig) starting from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper surface) and terminating before reaching (Kortwig figs. 6-7) the second side (aforementioned Kortwig lower surface) such that the heater wire (Kortwig 22) and stitching zone thickness (aforementioned thickness of Ritter stitches 5) is less than the overall thickness (Kortwig figs. 6-7).
Regarding claim 15, Kortwig in view of Ritter discloses the method of claim 11, including stitching (Kortwig figs. 6-7) the heater wire (Kortwig 22) within a 10 mm depth from an outer surface (Kortwig figs. 6-7) of the one side (aforementioned Kortwig upper surface) of the foam seat cushion (Kortwig 26).
Regarding claim 16, Kortwig in view of Ritter discloses the method of claim 11, including blind stitching (Ritter para. 73) the heater wire (Kortwig 22) to the one side (aforementioned Kortwig upper surface) of the foam seat cushion (Kortwig 26).
Regarding claim 17, Kortwig in view of Ritter discloses the method of claim 16, including using the heater wire (Kortwig 22) on the one side (aforementioned Kortwig upper surface) of the foam seat cushion (Kortwig 26) in substitution of one blind stitching thread and stitching around (Ritter fig. 1) the heater wire (Kortwig 22) such that the heater wire (Kortwig 22) extends through (Ritter fig. 1; note the location of electrical leads 4) stitching loops (Ritter 5, as shown in fig. 1) of remaining blind stitching threads (Ritter fig. 1).
Regarding claim 18, Kortwig in view of Ritter discloses the method of claim 16, including: i) providing a tunnel material with heat conductive properties (per Kortwig para. 19, coating 42 may be a varnish, lacquer or polymeric material); ii) attaching a tunnel (e.g. Kortwig coating 42, as shown in figs. 6-7) formed from the tunnel material (aforementioned varnish, lacquer or polymeric material) to the one side (aforementioned Kortwig upper surface) of the foam seat cushion (Kortwig 26) along a designated wire path (e.g. path along which Kortwig coating 42 travels); and iii) subsequently feeding the heater wire (Kortwig 22) through the tunnel (42) along the designated wire path (aforementioned path along which Kortwig coating 42 travels).
Regarding claim 19, Kortwig in view of Ritter discloses the method of claim 11, wherein the foam seat cushion (Kortwig 26) comprises single-piece foam body (Kortwig figs. 6-7) comprising a scrim material (e.g. Kortwig second layer 54, as shown in figs. 6-7) on the one side (Kortwig 50), and including directly sewing (see the combination set forth in the rejection of claim 1, supra) the heater wire (Kortwig 22) to the scrim material (Kortwig 54).
Regarding claim 20, Kortwig in view of Ritter discloses the method of claim 19, including attaching a trim cover (e.g. Kortwig 52, as shown in fig. 7) to the foam seat cushion (Kortwig 26) over (Kortwig fig. 7) the scrim material (Kortwig 54) and forming a trim cover (Kortwig 52) module (Kortwig fig. 7).
Response to Arguments
In view of Applicant’s claim amendments, a further search of the pertinent areas of prior art was executed. Within said search, the aforementioned Ritter reference was identified. Accordingly, Applicant’s arguments have been considered, but are moot because the new ground of rejection does not rely the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant is encouraged to see the treatment of claims set forth supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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