DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/28/2026 has been entered.
Claim Rejections - 35 USC § 102
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 32 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dessapt et al. (US 2023/0026523).
Regarding claim 32, Dessapt discloses a cover element for a center console, comprising: a decorative element (34) for providing a surface decoration, and a soft component (34, 38 and 40; [0026]), wherein: the soft component is designed to be flexible in order to avoid damage to adjacent components when installing and/or removing the cover element into and/or from a motor vehicle interior, wherein in an installed state, the cover element extends between an instrument panel of the motor vehicle and the center console of the motor vehicle, wherein: the cover element comprises one or more finishing strips (86), a finishing frame (84), and a base support (60), the decorative element and/or the soft component are arranged on the base support, and the finishing strips and the finishing frame are arranged on the base support. See Figs. 1-3 and [0034].
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 14, 21-25 and 27-31 are rejected under 35 U.S.C. 103 as being unpatentable over Dessapt et al. (US 2023/0026523) in further view of Schneider et al. (DE 102009058505).
Regarding claim 14, Dessapt discloses a cover element (34) for a center console (16), comprising: a decorative element (34) for providing the surface decoration, and a soft component (34, 38 and 40; [0026]), wherein the soft component is designed to be flexible in order to avoid damage to adjacent components when installing and/or removing the cover element into and/or from a motor vehicle interior, a wherein the soft component is provided in an installed state of the cover element to reduce a gap size relative to adjacent components; wherein: the cover element comprises one or more finishing strips (86), a finishing frame (84), and a base support (60), the decorative element and/or the soft component are arranged on the base support, and the finishing strips and the finishing frame are arranged on the base support. See Figs. 1-3 and [0034]. See Figs. 1-3. Dessapt does not disclose ribs as claimed.
Schneider, which is drawn to a cover element, discloses the common use of ribs and openings with a decorative element (8) that has ribs, and a component (6) having openings corresponding to the ribs, and wherein the component is attached to the decorative element by means of the ribs inserted into the openings. See Abstract; and Fig. 1. Thus, it 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 to have the decorative element of Dessapt have ribs received into openings within the soft component, as disclosed by Schneider, in order to better secure and attach the components together.
Regarding claim 21, the soft component is made of a flexible and deformable plastic. See [0026]-[0027].
Regarding claim 22, a material of the soft component is capable of visually corresponding to a material of the decorative element. See Fig. 2.
Regarding claim 23, the decorative element has a decorative layer for providing the surface decoration with a front side designed as a visible side and a back side opposite the front side. See Figs. 1-3.
Regarding claim 24, a support (backside of 34) is arranged on the back of the decorative layer. See Fig. 2.
Regarding claim 25, the cover element comprises one or more attached parts. See Figs. 1-3.
Regarding claim 27, in the installed state, the soft component extends into the gap which is defined between an instrument panel of the motor vehicle and the center console of the motor vehicle. See Fig. 1.
Regarding claim 28, as modified above, the ribs are arranged on an underside of the decorative element opposite a visible surface decoration.
Regarding claim 29, Dessapt discloses the cover element comprising a base support (at 16), does not necessarily disclose hooks as claimed. Schneider discloses the common usage of using hooks to secure components. See Abstract; and Figs. 1-5. Thus, it 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 to have the soft component be secured to the base support by a plurality of hooks to secure elements together and prevent movement in a longitudinal direction of the motor vehicle.
Regarding claim 30, in the installed state, the soft component forms a visual barrier (at least slightly and depending on viewing angle) preventing visibility beneath an instrument panel of the motor vehicle (depending on view angle).
Regarding claim 31, the soft component has a stiffness sufficient to span the gap between an instrument panel of the motor vehicle and the center console of the motor vehicle in the installed state without sagging and while remaining deformable during installation and/or removal. See Fig. 1.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Dessapt as applied above in further view of Salvia, III (US 2021/107409).
Regarding claim 26, Dessapt does not necessarily disclose the cover element comprising one or more anti-slip elements. Salvia, which is drawn to a console, discloses using an anti-slip element (62). See Fig. 2. Thus, it 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 to use an anti-slip element, as disclosed by Salvia, on the device of Dessapt in order to prevent items from slipping therefrom.
Response to Arguments
Applicant’s arguments have been considered but are not persuasive. It is the Office’s position that Dessapt adequately discloses the claimed invention. Particularly, the latest amendments are sufficiently broad such that Dessapt discloses said amendments. See above rejection.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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