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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,466,297 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the trim cover assembly and method of attaching the assembly structural limitations are claimed in the issued patent as disclosed in the claimed invention.
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(s) 1, 3, 4, 6-8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dagmar Brockschnieder et al. U.S. Patent Publication 2006/0214485 A1 (Brockschnieder).
Regarding claims 1 and 7, Brockschnieder discloses a trim cover assembly and method structured to be applied to a backrest of a vehicle seat ([0020-0022] Element 10), the trim cover assembly comprising a base trim cover including (Figure 1): a rear portion (Element 7); first side portion extending from a first side of the rear portion; and a second side portion extending from a second side of the rear portion opposite the first side portion (Element 4.1 Figure 1), each side portion being structured to be wrappable along a respective side of the backrest, each side portion having a side edge structured to be securable to the backrest along a front face of the backrest (as shown in Figure 4).
Regarding claim 3, Brockschnieder discloses the trim cover assembly wherein each side portion has an outwardly-facing zipper portion extending therealong (Element 6 [0021-0023]).
Regarding claim 4, Brockschnieder discloses the trim cover assembly further comprising a headrest cover portion extending from the base trim cover rear portion and structured to be wrappable over a headrest portion of the backrest, the headrest cover portion including: a headrest cover base portion extending from the base trim cover rear portion; a headrest cover first side portion extending from a first side of the headrest cover base portion; and a headrest cover second side portion extending from a second side of the headrest cover base portion opposite the headrest cover first side portion (Figure 1 top portion of Element 4.2 where the head of a user would rest).
Regarding claims 6 and 10, Brockschnieder discloses the trim cover assembly and method further comprising a removable trim cover structured to be securable to the base trim cover along the backrest, the removable trim cover including; a center portion; a first bolster cover portion extending from the removable trim cover center portion and having a first side edge with a zipper portion extending therealong; and a second bolster cover portion extending from the removable trim cover center portion opposite first bolster cover portion and having a second side edge with a zipper portion extending therealong (Figure 1-5 Element 7, 4.1, 4.2).
Regarding claim 8, Brockschnieder discloses the method wherein the base trim cover includes a headrest cover portion, and further comprising steps of: wrapping the headrest cover portion over the headrest portion toward the front face of the backrest so as to cover the backrest headrest portion; and securing the headrest cover portion to the backrest ([0023-0024]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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/SHIN H KIM/Primary Examiner, Art Unit 3636