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 .
Information Disclosure Statement and
Requirement for Information Under 37 CFR 1.105
In this application, the applicant has filed eight (8) separate Information Disclosure Statements filed 5-Mar-2025 containing more than 700 citations, including nearly 400 U.S. patent documents and over 300 foreign patent documents. The volume of citations is excessive and overwhelming to the examination process. The application claims a retainer configured for a mesh structure, and a method of providing and coupling a retainer and mesh structure. However, a partial review of the IDS forms shows that many references are directed to non-analogous art and chair products unrelated to a retainer; note the following examples of said references:
U.S. 4,563,387 – Cushioning material
U.S. 5,620,759 – Container protected by a conformable sorbent sleeve
U.S. 6,766,201 – Telemetry apparatus and method for an implantable medical device
U.S. 8,056,263 – Article of footwear with multi-layered support assembly
U.S. 2004/0255385 – Adjustable seat cushion for furniture
U.S. 2021/0074258 – Speaker system and noise controlling device
U.S. 2022/0017718 – Polymer composite comprising tubular particles
U.S. D523330 – Glove clip
Also, the information disclosure statements filed 5-Mar-2025, citing references not in the English language, fail to comply with 37 CFR 1.98(a)(3)(i) because they do not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
For each document cited in the eight (8) Information Disclosure Statements filed 5-Mar-2025 that applicant wants to be considered, the following factual information is reasonably necessary to the examination of the application and is required to be provided under 37 CFR 1.105. Applicant must provide the factual basis that caused each document in the IDS to be disclosed to the Office. This factual basis may include an explanation of how each document bears upon the claimed invention and/or citations to the pertinent portions of the documents, by column/page and line number, that caused Applicant to submit the document for consideration. Further, applicant should also revise it to remove previously cited documents that are non-analogous to the invention.
Applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR 1.56. A statement that the item is “unknown or not readily available” is inapplicable in this situation because (1) the applicant is in possession of the information that was listed in the IDS, and (2) pursuant to applicant’s duties under 1.4 and 11.18, applicant should have made a reasonable inquiry into the document before filing them with the Office for consideration by the examiner. Furthermore, providing a blanket statement, such as “the whole portion of the document caused it to be listed” would also not be acceptable. As noted above, a partial review of the cited references revealed that many have no relevance to the instant application; therefore, it cannot be said that the “whole portion” of these documents caused them to be listed.
A complete reply to the enclosed Office action must include a complete reply to this requirement. The time period for reply to this requirement coincides with the time period for reply to the enclosed Office action.
Specification
The disclosure is objected to because it contains a second application under the heading ‘Appendix A,’ including a second set of drawings and claims. Applicant is required to delete the entirety of Appendix A to ensure the application complies with 37 CFR 1.75 and 1.81, and contains only a single set of claims and drawings directed to the invention being examined.
It is noted that ‘Appendix A’ contains 20 claims directed to a method of making a mesh cushion. The claims in Appendix A are not being examined; only the claims directed to the retainer and the related method are considered for examination. Applicant is required to clarify the record and confirm which claims are intended for examination.
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, 12-13 and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chanoine (EP 240388).
Claim 1- Chanoine discloses a retainer comprising:
an elongated member (17) attachable to a cover (14); and
a plurality of anchors (18) extending from the elongated member, wherein each of the plurality of anchors has a body with a first end attached to the elongated member and a second end opposite the first end (figs. 3-4), the second end terminating in a pointed tip (not designated, fig. 4), and wherein each of the plurality of anchors has a plurality of barbs (not designated, fig. 3 shows each anchor 18 has two barbs), each barb extending from the body in a direction away from the tip;
wherein, for each of the plurality of anchors, a material of a mesh structure (10) is gripped between the body and each of the plurality of barbs when the anchor is inserted into the mesh structure (figs. 1-2).
Claim 2- Chanoine discloses the retainer according to claim 1 wherein the elongated member (17) comprises a planar strip (figs. 3-4).
Claim 3- Chanoine discloses the retainer according to claim 1, wherein each of the plurality of anchors (18) is planar (fig. 4).
Claim 5- Chanoine discloses the retainer according to claim 1, wherein the plurality of anchors (18) is spaced apart along the elongated member with an equal distance between adjacent anchors (shown clearly in fig. 3).
Claim 6- Chanoine discloses the retainer according to claim 1, wherein the elongated member (17) and the plurality of anchors (18) are formed as an integral piece (fig. 4).
Claim 7- Chanoine discloses the retainer according to claim 1, wherein the retainer (shown as integrally formed) is capable of being formed by injection molding, or by stamping or cutting from a sheet. Note: the determination of patentability is based on the product itself, and not on its method of production; as such, the retainer anticipates the structural limitations recited.
Claim 12- Chanoine discloses a seat assembly comprising: a mesh structure (10); a cover (14); and a retainer (fig. 3) according to claim 1, wherein the retainer attaches the cover to the cushion (figs. 1-2).
Claim 13- Chanoine discloses a method (the final assembled product in figures 1-2 inherently discloses the following method steps), the method comprising:
providing a retainer (fig. 3) having an elongated member (17) and a plurality of anchors (18) extending from the elongated member, wherein each of the plurality of anchors has a body with a first end attached to the elongated member and a second end opposite the first end (figs. 3-4), the second end terminating in a pointed tip (fig. 4), and wherein each of the plurality of anchors has a plurality of barbs (fig. 3), each barb extending from the body in a direction away from the tip;
attaching the elongated member to a cover (fig. 3); and
inserting the plurality of anchors into a mesh structure (figs. 1-2), wherein, for each of the plurality of anchors (18), the mesh structure (10) is gripped between the plurality of barbs and the body (the grip being an inherent function of the anchor barbs).
Claim 16- Chanoine discloses the method according to claim 13, wherein the plurality of anchors (18) is spaced apart along the elongated member with an equal distance between adjacent anchors (shown clearly in fig. 3).
Claim 17- Chanoine discloses the method according to claim 13, wherein the elongated member (17) and the plurality of anchors (18) are an integral piece (fig. 4).
Claim(s) 1-4, 6, 8-15 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Minegishi (JP 2001-070106).
Claim 1- Minegishi discloses a retainer comprising:
an elongated member (10) attachable to a cover (4); and
a plurality of anchors (fig. 3) extending from the elongated member, wherein each of the plurality of anchors has a body with a first end (11) attached to the elongated member and a second end (12) opposite the first end (figs. 2 & 7), the second end terminating in a pointed tip, and wherein each of the plurality of anchors has a plurality of barbs (13), each barb extending from the body in a direction away from the tip;
wherein, for each of the plurality of anchors, a material of a mesh structure (3) is gripped between the body and each of the plurality of barbs when the anchor is inserted into the mesh structure (figs. 1-2).
Claim 2- Minegishi discloses the retainer according to claim 1, wherein the elongated member (10) comprises a planar strip (figs. 2-3 & 7 show the first end 11 includes a planar strip).
Claim 3- Minegishi discloses the retainer according to claim 1, wherein each of the plurality of anchors is planar (fig. 3 shows that the anchors are planar).
Claim 4- Minegishi discloses the retainer according to claim 1, wherein the elongated member (10) is sewn (via stitching 14) to the cover (fig. 2).
Claim 6- Minegishi discloses the retainer according to claim 1, wherein the elongated member (10) and the plurality of anchors are formed as an integral piece (shown best in figs. 2 & 7).
Claim 8- Minegishi discloses the retainer according to claim 1, wherein the pointed tip (12) pierces the mesh structure (fig. 2).
Claims 9 and 10- Minegishi discloses the retainer according to claim 1, wherein the material of the mesh structure (3) comprises a mesh (figs. 1-2) formed from looped and bonded filaments (2); and wherein the filaments are extruded and formed into a three-dimensional structure (fig. 5).
Claim 11- Minegishi discloses the retainer according to claim 1, wherein the mesh structure (3) lacks a formed recess for receiving the plurality of anchors (figs. 1-2).
Claim 12- Minegishi discloses a seat assembly comprising: a mesh structure (3); a cover (4); and a retainer (5) according to claim 1, wherein the retainer attaches the cover to the cushion (fig. 1).
Claim 13- Minegishi discloses a method (the final assembled product in figures 1 and 4 inherently discloses the following method steps), the method comprising:
providing a retainer (5) having an elongated member (10) and a plurality of anchors (fig. 3) extending from the elongated member, wherein each of the plurality of anchors has a body with a first end (11) attached to the elongated member and a second end (12) opposite the first end (figs. 2 & 7), the second end terminating in a pointed tip, and wherein each of the plurality of anchors has a plurality of barbs (13), each barb extending from the body in a direction away from the tip;
attaching the elongated member to a cover (figs. 1-2); and
inserting the plurality of anchors into a mesh structure (fig. 1), wherein, for each of the plurality of anchors, the mesh structure (3) is gripped between the plurality of barbs and the body (fig. 2).
Claim 14- Minegishi discloses the method of claim 13, wherein inserting the plurality of anchors into a mesh structure (3) comprises piercing a material of the mesh structure with the tip of each anchor (figs. 1-2).
Claim 15- Minegishi discloses the method according to claim 13, wherein the elongated member (10) comprises a planar strip (figs. 2-3 & 7 show the first end 11 includes a planar strip) and attaching the elongated member to the cover (fig. 2) comprises sewing (via stitching 14) the elongated member to the trim cover.
Claim 17- Minegishi discloses method according to claim 13, wherein the elongated member (10) and the plurality of anchors are an integral piece (shown best in figs. 2 & 7).
Claims 18 and 19- Minegishi discloses the method according to claim 13, further comprising providing a mesh structure (3) comprising a three-dimensional mesh structure (figs. 1 & 4) formed from looped and bonded filaments (2); wherein the filaments are extruded and formed into the three-dimensional mesh structure (fig. 5).
Claim 20- Minegishi discloses the method according to claim 13, wherein the mesh structure (3) lacks a formed recess for receiving the plurality of anchors (figs. 1-2).
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 TANIA ABRAHAM whose telephone number is (571)272-2635. The examiner can normally be reached 9 am - 5:30 pm.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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