DETAILED ACTION
Information Disclosure Statement
The Information Disclosure statement has been received and considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, how the transverse webs 9 are connected to the edge webs 8 such that the edge webs are displaceable relative to one another, as claimed in claim 13, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 13 it is unclear from the specification and drawings how the transverse webs 9 are connected to the edge webs 8 such that the edge webs are displaceable relative to one another..
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.
Claim 15 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.
Claim 15 “the fasteners” on the last line lacks antecedent basis.
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) 1-3,5,7-16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by DE 102012107887 B3.
Regarding claim 1 DE ‘887 shows in figures 2-6:
A spring element 1 for a cushion support, comprising: a support plate 33; bases 16, each base having a fastener for fastening the spring element to a carrier material; and spring arms 21,22, each spring arm 21,22 having outer ends which are connected to the support plate 33 (see fig 6), and a central section which comprises an associated base of the bases, wherein the spring arms 21,22 are formed substantially parallel to one another.
Regarding claim 2 DE ‘887 shows the bases are spaced apart from one another.
Regarding claim 3 DE ‘887 shows wherein in a plan view at least one of the spring arms is free of curvature.
Regarding claim 7 DE ‘887 shows at least one of the fasteners has a fastening hole 16.
Regarding claim 8 DE ‘887 shows the support plate has openings 11.
Regarding claim 9 DE ‘887 shows that in a plan view the spring arms are arranged in the openings without overlap.
Regarding claim 10 DE ‘887 shows the support plate has outer edge webs 4,8 and transverse webs, wherein the transverse webs 32 connect the edge webs to one another.
Regarding claim 11 DE ‘887 shows the spring arms are connected to the support plate via the edge webs.
Regarding claim 12 DE ‘887 shows the spring arms and the transverse webs are arranged substantially parallel to one another in a plan view.
Regarding claim 13 DE ‘887 shows the transverse webs are connected to the edge webs such that the edge webs are (capable of being) displaceable relative to one another.
Regarding claim 14 DE ‘887 shows in a plan view the transverse webs and the spring arms are free of overlap.
Regarding claim 15 DE ‘887 shows each of the plurality of spring elements wherein the spring elements are arranged next to one another such that the support plates of the plurality of spring elements together span a support surface; and the spring elements are attached to the carrier material via the fasteners.
Regarding claim 16 DE ‘887 shows the spring elements are fastened to the carrier material by screws and/or rivets. See the machine translation.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE '887 in view of Flint 3,649,077].
Regarding claim 4 while the spring appear to show a near convex arc shape, as per applicants, this is not entirely clear from the translation.
Flint shows a spring arrangement in figures 5 and 6 for a seat/cushion assembly and states in col 5 around lines 62-70:
It is to be understood that various structural modifications in the assemblies 10 and 60 may be made without departing from the present invention. For example, the sinuous wire springs 28 and 82 may be replaced with other forms of resilient spring devices; the border member 14 and 64 may be composite structures formed of separate pieces rather than unitary, as shown, and moreover may be formed of leaf spring stock rather than spring wire stock.
Note the shape of the spring arrangements at 64 in figure 5 of Flint appear to be ‘convex’ as per applicants and nearly the shape profile shape as DE ‘887.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have made the spring arms 21,22 with a convex shape, as taught by Flint, simply dependent upon the desired spring rate or feel for a specific application.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE '887 in view of Schonen et al. 8,950,766.
Regarding claim 6 DE ‘887 lacks specifically showing at least one of the spring arms 21,22 tapering in thickness towards the connection to the support plate.
The reference to Schonen shows in figure 2 a spring arrangement of a similar type to DE ‘887 that tapers in thickness towards the middle of the spring.
It would have been obvious to have made the spring arms 21,22 in DE ‘887 with a tapered thickness towards the attachment points 16, as taught by Schonen, to improve the stress response/spring stiffness of the springs under load and resist breakage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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, Rob Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
6/17/26
Prosecution Insights