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 .
This correspondence is in response to applicant’s reply filed on 03/05/2026. Claims 1-7 are pending.
Election/Restrictions
Claims 4-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/02/2023.
Applicant’s election without traverse of Species II (Figs. 3-6B) in the reply filed on 06/02/2023 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuo (U.S. Pub. 20150059624).
Regarding claim 1, Kuo discloses a sheet-shaped cushioning rubber comprising: a planar base portion 10 and a three-dimensional portion 12b,20 formed to rise from the base portion 10 toward one side in a sheet thickness direction (as seen in Fig. 3d below), the planar base portion 10 and the three-dimensional portion 12b,20 being alternately provided in one direction of a sheet plane, where: the three-dimensional portion 12b,20 includes a hollow portion 15 that opens toward another side in the sheet thickness direction (as shown in Fig. 3d below), the three-dimensional portion 12b,20 is integrally provided with a first rising surface 20 that is continuous from the base portion 10, a top surface 12b, and a second rising surface 20 on a side opposite to the first rising surface 20 (as seen in Fig. 3d), and the hollow portion 15 also opens toward both sides in a sheet width direction.
Regarding claim 2, Kuo discloses the cushioning rubber, where a reinforcing rib 14 that is connected to the three-dimensional portion 12b,20 and inhibits falling over of the three-dimensional portion 12b,20 is integrally provided on a plane of the base portion 10 (as seen in Fig. 3d).
Regarding claim 3, Kuo discloses the cushioning rubber, where a protrusion (as shown in Fig. 3d below) used as a mounting margin for the cushioning rubber is integrally provided to protrude in the width direction from an end portion of the cushioning rubber in the width direction.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. In addition to the reference to Kuo above, the Examiner submits the Notice of References Cited (PTO-892). The cited references teach cushioning rubber for supporting various objects.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D MCDUFFIE whose telephone number is (571)272-3832. The examiner can normally be reached M-F, 8AM-4:30PM.
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, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael McDuffie/Examiner, Art Unit 3632 21-Mar-26
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632