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 .
Claims 1-10 are pending.
Claims 1-10 have been examined.
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 is indefinite as the phrase “on the one hand” in claim 1, and the corresponding “on the other hand” language, constitute informal explanatory wording rather than definite structural limitations. The claim does not make clear whether these phrases refer to distinct carrier portions, distinct carrier elements, or merely a functional description of the same structure. As used here, the language is ambiguous as to whether it identifies separate portions of each carrier element or merely describes two different attachment functions. Accordingly, the claim scope is not reasonably certain.
Claim 1 is also indefinite because the phrase “connected to one another in portions” lacks clear antecedent structure and does not clearly define the extent, location, or manner of the connection between the carrier elements. It is unclear whether the carrier elements are connected only at discrete points, along an edge, over an area, or in some other manner.
Claim 2 is unclear as recites that the second carrier portions “project away from one another in such a way that the second carrier portions have/form a flat connecting surface facing the non-visible surface side of the cover material.” The phrase “have/form a flat connecting surface” is unclear because it appears to conflate a structural condition with a functional/result statement, and it is unclear what degree of flatness is required. The phrase also creates ambiguity as to whether the second carrier portions themselves are the flat surface or merely define the flat surface.
Claim 7 recites a seat cover “fastenable or fastened” to the seat cushion. The phrase “fastenable or fastened” is ambiguous because it alternatively claims both a capability and an accomplished state without making clear whether both are required, either one is sufficient, or how infringement is to be determined. Accordingly, the claim scope is uncertain.
Claim 9 recites that the cover holder “with its first carrier portions and the fastening element for fastening the seat cover to the seat cushion is introducible or introduced into the recess”. The phrase “introducible or introduced” is unclear because it recites both capability and actual placement without specifying whether the claimed seat requires the cover holder to be in the recess at the time of use, merely capable of being introduced, or both. The claim is therefore ambiguous as to its required state.
Claim 9 further recites that the fastening element is “engageable or engaged” with the retaining element. This phrase likewise creates uncertainty as to whether the claim covers a potential relationship, an actual relationship, or both.
Claim 10 is unclear because the repeated use of “and/or” in claim 10 creates uncertainty as to whether the retaining element must include one of the listed structures, multiple listed structures, or all listed structures at once. It is further unclear whether the final clause beginning with “and/or is formed by” introduces an independent alternative, a cumulative requirement, or a descriptive example. Furthermore, Because of the repeated use of “and/or,” it is not reasonably certain whether all four options may be present at once. Accordingly, the scope of claim 10 is not reasonably certain.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brockschnieder (DE 102021119034).
As concerns claim 1, Brockschnieder discusses a seamless seat cover, comprising at least one cover material (Brockschnieder, fig. 2: 4) and a cover holder (Brockschnieder, fig. 2: 5) arranged on the cover material (Brockschnieder, fig. 2: 4) for holding the cover material (Brockschnieder, fig. 2: 4) on a seat cushion (Brockschnieder, fig. 2: 3), wherein the cover holder (Brockschnieder, fig. 2: 5) comprises at least two carrier elements (Brockschnieder, fig. 2: 5) connected to one another in portions, characterized in that the carrier elements (Brockschnieder, fig. 2: 5) on the one hand are provided with a fastening element (Brockschnieder, fig. 2: 9) on their carrier portions (Brockschnieder, fig. 5: 6, 6b, and 6c) which are connected to one another and on the other hand are connected by a material bond (Brockschnieder, fig. 2: 10) to a non-visible surface side (Brockschnieder, fig. 2: 4b) of the cover material (Brockschnieder, fig. 2: 4) which faces away from a visible surface side (Brockschnieder, fig. 2: 4a) of the cover material (Brockschnieder, fig. 2: 4) on their opposite carrier portions (Brockschnieder, fig. 5: 6, 6b, and 6c) which are not connected to one another.
As concerns claim 2, Brockschnieder discusses the second carrier portions (Brockschnieder, fig. 5: 6b and 6c) are designed as free ends and project away from one another in such a way that the second carrier portions (Brockschnieder, fig. 5: 6b and 6c) have/form a flat connecting surface facing the non-visible surface side (Brockschnieder, fig. 2: 4b) of the cover material (Brockschnieder, fig. 2: 4).
As concerns claim 3, Brockschnieder discusses the second carrier portions (Brockschnieder, fig. 5: 6b and 6c) are connected to the non-visible surface side (Brockschnieder, fig. 2: 4b) of the cover material (Brockschnieder, fig. 2: 4) via an adhesive layer (Brockschnieder, fig. 2: 10; 10 is an “adhesive element”; see for example, paragraph 0021 from the English translation).
As concerns claim 4, Brockschnieder discusses the first carrier portions (Brockschnieder, fig. 5: 6) are connected to one another at least by a material bond (Brockschnieder, fig. 2: 10).
As concerns claim 5, Brockschnieder discusses the carrier elements (Brockschnieder, fig. 2: 5) are each formed from a nonwoven fabric layer (Brockschnieder, paragraph 0019, lines 1-3).
As concerns claim 6, Brockschnieder discusses the fastening element (Brockschnieder, fig. 2: 9) comprises at least one connecting hook, a connecting wire, a loop, a pocket, a welting element and/or a connecting ring (Brockschnieder, paragraph 0014, lines 4-6).
As concerns claim 7, Brockschnieder discusses a seat comprising at least one seat cushion (Brockschnieder, fig. 2: 4) and a seat cover fastenable or fastened to the seat cushion (Brockschnieder, fig. 2: 4) as claimed in claim 1.
As concerns claim 8, Brockschnieder discusses the seat cushion (Brockschnieder, fig. 2: 4) comprises at least one recess (Brockschnieder, fig. 2: 11) with a retaining element (Brockschnieder, fig. 2: 8) arranged in the recess (Brockschnieder, fig. 2: 11).
As concerns claim 9, Brockschnieder discusses the cover holder (Brockschnieder, fig. 2: 5) with its first carrier portions (Brockschnieder, fig. 5: 6) and the fastening element (Brockschnieder, fig. 2: 9) for fastening the seat cover (Brockschnieder, fig. 2: 7) to the seat cushion (Brockschnieder, fig. 2: 4) s introducible or introduced into the recess (Brockschnieder, fig. 2: 11), wherein the fastening element (Brockschnieder, fig. 2: 9) is engageable or engaged with the retaining element (Brockschnieder, fig. 2: 8).
As concerns claim 10, Brockschnieder discusses the retaining element (Brockschnieder, fig. 2: 8) comprises at least one retaining clip, a staple ring, a hog ring and/or a retaining wire and/or is formed by a wire component and/or a strip component of a mat (Brockschnieder, paragraph 0019, lines 8-9).
Conclusion
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JESSICA K THOMPSON
Examiner
Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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