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 .
Information Disclosure Statement
The information referred to in the IDS filed January 21, 2025 has been considered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings filed October 21, 2024 are approved.
Claim Rejections - 35 USC § 112
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.
Claims 1-10 are 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 1 recites the limitation “to form a free end portion that allows to be partially rolled up” in lines 6 to 7. It is unclear from this recitation what structure is being allowed to partially roll up.
In claim 4, it is unclear if Applicant intends to positively claim the combination of a seat cover fixing structure and a seat pad having a pad back surface with a back surface member integrally molded there along, or a seat cover fixing structure for use with a seat pad having a pad back surface with a back surface member integrally molded there along. The preamble and lines 5 to 6 of claim 1, from which claim 4 depends, appears to set forth the subcombination. Lines 2 to 3 of claim 4 appear to set forth the combination (note the recitation “the sewn portion is a portion in which the pad side surface member is sewn to the back surface member”). Similarly note claim 8. Clarification in the claim language is required.
Claim 7 recites the limitation “a part of retracting” in line 2. It is unclear what structure is intended to be represented by this limitation.
The remaining claims are indefinite as each depends from an indefinite claim.
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, 4, 7 and 8, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshizawa (US4609226).
Note a seat cover fixing structure capable of fixing a cover end of a seat cover to a pad back surface of a seat pad, the seat cover fixing structure comprising: a planar cover side surface member (2) that has a retracting portion (upper end) capable of being retracted along the pad back surface of the cover end; and a planar pad side surface member (1) including a sewn portion (upper end) that is to be sewn to a back surface member integrally molded along the pad back surface of the seat pad to form a free end portion (lower end) that allows to be partially rolled up, and a fixing portion (stitching to 2) that is provided at the free end portion and capable of fixing the cover side surface member against tension caused by retracting the cover side surface member.
Regarding claim 4, note the sewn portion is a portion in which the pad side surface member is sewn to the back surface member such that a sew line of the sewn portion extends ( in a direction (side-to-side) orthogonal to the direction (up-down) in which the tension acts. See Figure 3.
Regarding claim 7, note the sewn portion is located at a part (top end) separated away from a part (bottom part) of retracting the cover side surface member beyond the free end portion in a longitudinal direction of the pad side surface member.
Regarding claim 8, note the sewn portion (top part) of the pad side surface member (1) capable of being provided on a surface of the back surface member opposite to a surface integrally molded with the seat pad.
Allowable Subject Matter
Claims 2, 3, 5, 6, 9 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Connector structure for a seat cover is shown by each of KR101545126, FR2671704, and Cozzani (US5518292).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
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mn /MILTON NELSON JR/July 20, 2026 Primary Examiner, Art Unit 3636
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