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 § 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]).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 2 and 9 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIN H KIM/Primary Examiner, Art Unit 3636
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