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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt US1507810A (hereinafter Brandt) in view of Ambrose US 3724009 A (hereinafter Ambrose).
Re. Cl. 1, Brandt discloses a seat back (Fig. 3, Ref. 5, Pg. 2, Ln. 69-71) comprising a back board (Fig. 3, Ref. 1), a back pad (Fig. 3, Ref. 12), provided to be brought into contact with the back board from a seat front side (See Fig. 3), and a back cover to be placed over the back pad (Fig. 3, Ref. 14), wherein the back board includes a peripheral edge projecting portion (Fig. 3, Ref. 2) that projects to be bent from a peripheral edge of the back board toward the seat front side (Fig. 3, Ref. 2). Brandt also discloses that in a state where the back cover is placed over the back pad, the back cover is placed over the pad convex portion in a manner that the back cover is pressed down to fit the back pad within the peripheral edge projecting portion (See Fig. 3).
Re. Cl. 1, Brandt fails to disclose a back cover to be placed over the back board and the state of the pad before the cover is applied.
Re. Cl. 1, Ambrose teaches a seat cushion comprising a back board (Fig. 6, Ref. 17), a pad (Fig. 6, Ref. 10) provided to be brought into contact with the back board (See Fig. 6), a seat front side (Fig. 6, Ref. 15), a cover (Fig. 9, Ref. 25), to be placed over the back pad and the back board (See Fig. 9), and a pad convex portion (Fig. 6, Ref. 16). Ambrose also teaches that in a state where the back cover is not placed over the back pad and the back board, the pad convex portion bulges in a manner of projecting outward with respect to the back board (See Fig. 6), and in a state where the back cover is placed over the back pad and the back board, the back cover is placed over the pad convex portion in a manner that the back cover is pressed down to deform the bulging of the pad convex portion (See Fig. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brandt with Ambrose's teaching of a back cover to be placed over the back board and the state of the pad before the cover is applied. Doing so reduces or avoids wrinkling of the seat cover at the seat edge, and wrapping the back cover over the back board creates a continuous smooth and uniform edge to the seat extending from the front of seat.
Re. Cl. 3, Brandt discloses the peripheral edge of the back board on which the peripheral edge projecting portion is formed is an upper edge of the back board (Fig. 3, Pg. 2, Ln. 60-62).
Re. Cl. 4, Brandt discloses the peripheral edge projecting portion of the back board is bent to curve toward the seat front side (Fig. 3, Pg. 2, Ln. 60-62).
Claims 2, 5 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt US1507810A (hereinafter Brandt) in view of Ambrose US 3724009 A (hereinafter Ambrose) as applied to claims 1, 3 & 4 above, and further in view of Young US 1179991 A (hereinafter Young).
Re. Cl. 2, Brandt as modified by Ambrose fails to disclose a back supporting portion.
Re. Cl. 2, Young teaches a back board (Fig. 1, Ref. a), a back pad (Fig. 1, Ref. b) provided to be brought into contact with the back board (See Fig. 1), a peripheral edge projecting portion (Fig. 2, Ref. h) that projects to be bent from a peripheral edge of the back board toward the seat front side (See Fig. 2), and a back supporting portion (Fig. 2, Ref. h) that projects toward the seat front side to support the pad convex portion from an inner side in a bulging direction (See Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brandt's invention with Young's teaching of a back supporting portion. Doing so provides additional "under-supporting surface for the top of the upholstering cushion" to the peripheral edge projecting portion.
Re. Cl. 5, Brandt discloses the peripheral edge of the back board on which the peripheral edge projecting portion is formed is an upper edge of the back board (Fig. 3, Pg. 2, Ln. 60-62).
Re. Cl. 6, Brandt discloses the peripheral edge projecting portion of the back board is bent to curve toward the seat front side (Fig. 3, Pg. 2, Ln. 60-62).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McCormick US-2808101-A, Korch US-3759571-A, Behrens US-20080084105-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELILA S KEBEDE whose telephone number is (571)270-0369. The examiner can normally be reached 6:00AM - 2:00PM, Mon - Thurs.
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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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/GELILA KEBEDE/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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