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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 23 and 24 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 23 and 24 depend on a canceled claim 10. Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims complies with the statutory requirements.
For purposes of prior art examination, claims 23 and 24 are being interpreted as depending from claim 11.
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.
Claims 1-8 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US-20220410775-A1) in view of Hamlin (US-10933783-B1).
Aoki discloses a vehicle seat that includes a pad, a skin material, and a skin locking clip embedded in the pad. Hamlin discloses a vehicle seat assembly including a cushion cover attachment part.
Claim 1 – Aoki teaches a clip (element 10 in figures 8A and 8B) comprising:
a spine (element 11 in figures 8A and 8B);
a mount extending from the spine (element 17 in figures 8A and 8B), wherein the mount comprises a first retention feature and a second retention feature extending away from a bottom side of the spine and cooperating to define a gap between the first retention feature and the second retention feature (figures 8A and 8B);
first and second barbs extending from the mount (element 13 in figures 8A and 8B); and
a hook and loop fastener (paragraph [0122]), but does not explicitly teach a hook strip or a loop strip of a hook and loop fastener extending from the mount.
Hamlin teaches a hook strip or a loop strip of a hook and loop fastener extending from the mount (elements 94A and 94B of figure 8 being the hook strip extending from the mount elements 82A and 82B of figure 7).
Aoki teaches the hook and loop fastener but is silent on its placement being on top of the clips. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Aoki does not teach the hook strip or the loop strip of the hook and loop fastener extends across the gap between the first retention feature and the second retention feature.
Hamlin teaches the hook strip or the loop strip of the hook and loop fastener extends across the gap between the first retention feature and the second retention feature (elements 94A and 94B of figure 8 being the hook strip extending across the gap between the first and second retention features elements 82A and 82B of figure 7).
Aoki teaches the hook and loop fastener but is silent on it extending across the gap between the first retention feature and the second retention feature. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 2 – Aoki teaches the first and second barbs extend from opposite sides of the mount (figures 8A and 8B).
Claim 3 – Aoki teaches the first and second barbs extend away from a bottom side of the spine (figures 8A and 8B).
Claim 4 – Aoki teaches the first barb comprises a first lateral side and a second lateral side, wherein the first and second lateral sides are disposed opposite each other and become closer together as the first lateral side and the second lateral side extend away from the mount (figures 8A and 8B).
Claim 5 – Aoki teaches the mount extends away from a bottom side of the spine (figures 8A and 8B).
Claim 6 – Aoki teaches a hook and loop fastener (paragraph [0122]) and teaches the mount that faces away from the bottom side of the spine (element 17 in figures 8A and 8B), but does not teach the hook strip or the loop strip of the hook and loop fastener extends from a top side of the mount.
Hamlin teaches the hook strip or the loop strip of the hook and loop fastener extends from a top side of the mount (elements 94A and 94B of figure 8 being the hook strip extending from the top side of the mount elements 82A and 82B of figure 7).
Aoki teaches the hook and loop fastener but is silent on its placement being on top of the clips. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 7 – Aoki teaches a hook and loop fastener (paragraph [0122]), but does not teach the hook strip or the loop strip of the hook and loop fastener extends along a first mount side of the mount that faces toward the first barb.
Hamlin teaches the hook strip or the loop strip of the hook and loop fastener extends along a first mount side of the mount that faces toward the first barb (element 94A of figure 8 being the hook strip extending along a first mount side that faces toward the first barb at the end of element 82A of figure 7).
Aoki teaches the hook and loop fastener but is silent on its placement being on top of the clips. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 8 – Aoki teaches a hook and loop fastener (paragraph [0122]), but does not teach the hook strip or the loop strip of the hook and loop fastener extends along a second mount side of the mount that faces toward the second barb.
Hamlin teaches the hook strip or the loop strip of the hook and loop fastener extends along a second mount side of the mount that faces toward the second barb (element 94B of figure 8 being the hook strip extending along a second mount side that faces toward the second barb at the end of element 82B of figure 7).
Aoki teaches the hook and loop fastener but is silent on it extending along a second mount side of the mount that faces towards the second barb. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
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Claim 21 – Aoki teaches a center plane is defined through the gap and the spine, wherein the first and second barb extend away from in an axis that intersects the center plane at an acute angle (the first and second barbs extend away from in an axis, dashed lines, that intersect the center plane, solid line, through the gap and spine at an acute angle, Image 1 above).
Claim 22 – Aoki teaches the first retention feature and the second retention feature each include a respective hook extending toward the gap (element 18 in figure 3).
Claims 11-17, 20, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US-20220410775-A1) in view of Takashi (JP-3686692-B2), further in view of Hamlin (US-10933783-B1).
Takashi discloses a method of manufacturing a cushion body for various vehicle seat pads.
Claim 11 – Aoki teaches a seat assembly (figure 1) comprising:
A mesh member comprising a first side (element 52 in figure 13);
a trim cover (element 33 in figure 13);
a clip (element 10 in figures 8A and 8B) disposed in a mesh member (paragraph [0122] teaches the clip as being “embedded in the pad”), the clip comprising:
a spine (element 11 in figures 8A and 8B); and
a first clip segment comprising:
a mount extending from the spine (element 17 in figures 8A and 8B), wherein the mount comprises a first retention feature and a second retention feature extending away from a bottom side of the spine and cooperating to define a gap between the first retention feature and the second retention feature (figures 8A and 8B); and
first and second barbs securing the first clip segment to the mesh member, wherein the first and second barbs extend away from the spine and toward the first side of the mesh member (element 13 in figures 8A and 8B); and
a hook and loop fastener (paragraph [0122]).
Aoki does not teach the mesh member comprising a first side and a set of filaments of polymeric material, at least two members of the set of filaments are looped and bonded to each other, and does not teach the hook and loop fastener securing the trim cover to the clip.
Takashi teaches (in paragraph [0011]) the mesh member comprising a first side and a set of filaments of polymeric material (“thermoplastic elastic 300 denier or more continuous linear body of elastomeric resin”), at least two members of the set of filaments are looped and bonded to each other (“random loop form a three-dimensional network structure” with a specific density “obtained by fusing each contact portion of each loop).
Aoki discloses in paragraph [0094] the pad being made of foaming resin such as urethane foam. Takashi teaches, in paragraph [0003], that “the urethane foam is inferior in moisture permeability and water permeability and has a heat storage property, so that there is a problem that a part that comes into contact with the human body is easily steamed. Moreover, since urethane foam is not a thermoplastic resin, it is difficult to recycle by remelting”. Therefore, it would have been obvious to one of ordinary skill in the art to modify the urethane foam mesh member of Aoki with the filaments of polymeric material of Takashi.
Aoki and Takashi do not teach the hook and loop fastener securing the trim cover to the clip.
Hamlin teaches the hook and loop fastener securing the trim cover to the clip (elements 94A and 94B of figure 8 being the hook strip and elements 82A and 82B of figure 7 being the loop strip, figure 8 teaches the pair mating to secure the trim cover to the clip).
Aoki teaches the hook and loop fastener but is silent on its placement being on top of the clips. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Aoki and Takashi do not teach the hook strip or the loop strip of the hook and loop fastener extends across the gap between the first retention feature and the second retention feature.
Hamlin teaches the hook strip or the loop strip of the hook and loop fastener extends across the gap between the first retention feature and the second retention feature (elements 94A and 94B of figure 8 being the hook strip extending across the gap between the first and second retention features elements 82A and 82B of figure 7).
Aoki teaches the hook and loop fastener but is silent on it extending across the gap between the first retention feature and the second retention feature. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 12 – Aoki teaches a hook and loop fastener (paragraph [0122]) for securing the trim cover, but does not teach one of the hook strip and the loop strip is secured to the mount and the other of the hook strip and the loop strip is secured to the trim cover.
Hamlin teaches one of the hook strip and the loop strip is secured to the mount and the other of the hook strip and the loop strip is secured to the trim cover (elements 94A and 94B of figure 8 being the hook strip and elements 82A and 82B of figure 7 being the loop strip secured to the trim cover).
Aoki teaches the hook and loop fastener but is silent on one of the hook strip and loop strip being secured to the mount and the other being secured to the trim cover. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 13 – Aoki teaches the barbs are received in the pad (figure 2), but does not teach a gap between members of the set of filaments.
Takashi teaches a gap between members of the set of filaments (figure 3, as well as paragraph [0007] teaches the filaments as random loops, which creates gaps for the barbs to be received in).
Takashi teaches, in paragraph [0003], that “the urethane foam is inferior in moisture permeability and water permeability and has a heat storage property, so that there is a problem that a part that comes into contact with the human body is easily steamed. Moreover, since urethane foam is not a thermoplastic resin, it is difficult to recycle by remelting”. Therefore, it would have been obvious to one of ordinary skill in the art to modify the urethane foam mesh member of Aoki with the filaments of polymeric material of Takashi, in turn securing the clip barbs in the gaps of the filaments.
Claim 14 – Aoki teaches the mesh member comprises a slit (element 8 in figure 2) extending from the first side, wherein the clip is disposed in the slit and is spaced apart from and does not extend to the first side (figure 2, the clip is spaced apart from and does not extend to the first side).
Claim 15 – Aoki teaches the mesh member comprises a second side opposite the first side, wherein the slit and the clip are spaced apart from and do not extend to the second side (lower side of figure 2, the clip is spaced apart from and does not extend to the second side).
Claim 16 – Aoki teaches a hook and loop fastener (paragraph [0122]) and teaches the mount of the clip disposed in the slit (element 8 in figure 2), but does not teach the hook and loop fastener extends from a top side of the mount.
Hamlin teaches the hook and loop fastener extends from a top side of the mount (elements 94A and 94B of figure 8 being the hook strip extending from the top side of the mount elements 82A and 82B of figure 7).
Aoki teaches the hook and loop fastener but is silent on it extending from a top side of the mount. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 17 – Aoki teaches a hook and loop fastener (paragraph [0122]), but does not teach the hook and loop fastener extends along the mount away from the first side of the mesh member.
Hamlin teaches the hook and loop fastener extends along the mount away from the first side of the mesh member (elements 94A and 94B of figure 8 being the hook strip extending along the mount elements 82A and 82B of figure 7 away from the first side of the mesh member).
Aoki teaches the hook and loop fastener but is silent on it extending along the mount away from the first side of the mesh member. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin to ensure the trim cover properly mates to the clip.
Claim 20 – Aoki teaches the clip comprises a second clip segment extending from the spine and separated from the first clip segment and teaches a hook and loop fastener extending between the clips (paragraph [0122]), but does not teach the hook and loop fastener extends from the tops of the first clip segment to the second clip segment.
Hamlin teaches the hook and loop fastener extends from tops of the first clip segment to the second clip segment (elements 94A and 94B of figure 8 being the hook strip extending from the tops of each clip).
Aoki teaches the hook and loop fastener but is silent on it extending from the tops of the first clip segment to the second clip segment. It would have been obvious to use the hook and loop fastener of Aoki in the placement of Hamlin in conjunction with Aoki’s placement to ensure the trim cover properly mates along the entire length of the clip segments.
Claim 23 – Aoki teaches a center plane is defined through the gap and the spine, wherein the first and second barb extend away from in an axis that intersects the center plane at an acute angle (the first and second barbs extend away from in an axis, dashed lines, that intersect the center plane, solid line, through the gap and spine at an acute angle, Image 1 above).
Claim 24 – Aoki teaches the first retention feature and the second retention feature each include a respective hook extending toward the gap (element 18 in figure 3).
Response to Arguments
Applicant's arguments filed 7/21/2026 have been fully considered but they are not persuasive.
On page 8 of the remarks, Applicant argues that Hamlin cannot be interpreted as teaching “the hook strip or the loop strip of the hook and loop fastener extends across the gap between the first retention feature and the second retention feature”. Merriam Webster defines “extend” as to lengthen and “across” as from one side to the opposite side of. Hamlin teaches the hook strip or the loop strip of the hook and loop fastener being lengthened sufficiently to start at one side, being the first retention feature, and stop at the opposite side, the second retention feature, along the entirety of the gap between.
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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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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