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 .
Election/Restrictions
Claims 38 - 52 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 16, 2025.
Applicant’s election without traverse of Group I, comprising claims 27 - 37 (drawn to a clip), in the reply filed on April 16, 2025 is acknowledged.
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) 27, 33 - 35 and 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strahan, US 5,143,371.
Regarding claim 27, Strahan discloses a clip [for a cushion formed from a stranded-mesh material] comprising: an attachment body 12 defining a top attachment surface (outer surface of 14) and a bottom surface (inner surface of 14), opposite to the top attachment surface (see figure 1), [wherein the attachment body (12) is configured to rest with the bottom surface (of 14) adjacent to an outer surface of the cushion]; and a lead member 16 [configured to be inserted into the stranded-mesh material], the lead member (16) having a curved profile (see figure 1), the lead member (16) comprising: a first lead member end (connecting to 18) connected to a first end of the attachment body (12), and a second lead member end 24 freestanding and positioned below a second end 22 of the attachment body (12), opposite to the first end (figure 1), such that the attachment body (12) and the lead member (16) define an opening (for clipping) therebetween (see figure 5), the opening comprising a varying width (when said member 16 is flexed in order to fasten the clip) defined along an X -axis, a first width (below element 24) towards the second lead member end (24) that decreases to a second width at a point (at an inflection point of the member 16) along the curved profile (figure 1), and increases to a third width (near element 18), wider than the second width (see figure 1) towards the first lead member end (near element 18).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the clip, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the clip disclosed by Strahan (US 5,143,371) or Deco (US 10,699,603), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 33, Strahan discloses the clip of claim 27, further comprising an attachment feature 44 on the attachment surface (of 14) [to secure a component to the cushion].
Regarding claim 34, Strahan discloses the clip of claim 33, wherein the attachment feature (44) is a hook fastener (VELCRO brand), loop fastener, or mechanical connector.
Regarding claim 35, Strahan discloses the clip of claim 27, wherein the first lead member end (near 18) is connected to the bottom surface of the attachment body (12).
Regarding claim 37, Strahan discloses the clip of claim 27, [wherein the lead member (16) is engageable with a stranded-mesh material of the cushion such that a portion of the stranded-mesh material is received in the opening of the clip].
Claim(s) 27 - 32 and 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deco, US 10,699,603.
Regarding claim 27, Deco discloses a clip [for a cushion formed from a stranded-mesh material] comprising: an attachment body 102 defining a top attachment surface (outer surface of 102) and a bottom surface (inner surface of 102), opposite to the top attachment surface (see figure 6), [wherein the attachment body is configured to rest with the bottom surface (of 102) adjacent to an outer surface of the cushion]; and a lead member 104 [configured to be inserted into the stranded-mesh material], the lead member (104) having a curved profile (see figure 6), the lead member (104) comprising: a first lead member end (connecting to 302) connected to a first end of the attachment body (see figure 6), and a second lead member end (having element 108) freestanding and positioned below a second end (of 102) of the attachment body (see figure 6), opposite to the first end (figure 6), such that the attachment body (of the clip) and the lead member (104) define an opening (for clipping) therebetween (see figure 6), the opening comprising a varying width (when said member 104 is flexed in order to fasten the clip) defined along an X -axis, a first width (between the second lead member end and the bottom surface of 102) towards the second lead member end (figure 6) that decreases to a second width at a point (at an inflection point of the member 104) along the curved profile (figure 6), and increases to a third width (near element 106), wider than the second width (see figure 6) towards the first lead member end (near element 302).
Regarding claim 28, Deco discloses the clip of claim 27, wherein the lead member (104) includes one or more protrusions 602 on an inner surface of the lead member, the inner surface facing the bottom surface of the attachment body (see figure 6).
Regarding claim 29, Deco discloses the clip of claim 28, wherein the protrusions (602) extend from the inner surface and are angled toward the first end (see figure 6) of the attachment body.
Regarding claim 30, Deco discloses the clip of claim 27, wherein the curved profile (of 104) has one or more pinch points (see 108; the inflection point(s) along the surface of 104 comprises the one or more pinch points) [that facilitate retention of the clip (10) with the cushion], and the third width (see 106) decreases towards the first lead member end (see 302) where attached to the attachment body (see figure 6).
Regarding claim 31, Deco discloses the clip of claim 30, wherein the pinch points are formed by inflection points in the curved profile (see figure 6).
Regarding claim 32, Deco discloses the clip of claims 30, wherein the curved profile defines a varying width (when the lead member 104 is flexed for clipping the clip) of the opening (between the elements 102 and 104) along a length of the lead member (104).
Regarding claim 36, Deco discloses the clip of claim 27 wherein the second lead member end (having the protrusions 602) is a narrow tip (see figure 4; the tip is narrow when compared to the attachment body 102) [for facilitating engagement with the cushion].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677