DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application 19/191,750 filed 04/16/2025 which is a 371 of PCT JP2022/038733 10/18/2022.
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
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 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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Masato (JP 2020127590A)(hereinafter Masato) in view of Erb (US 4,615,084)(hereinafter Erb).
RE Claim 1: Masato discloses a clip (Figs 1-3), comprising:
a sheet portion (28) embedded in a cushion material (20); and
a clip body (24) that is engageable with a suspender (26) attached to a cover material (18), and is attached to the sheet portion (Fig 3),
wherein the clip body (24) includes
a base (Fig 3) attached to the sheet portion (28),
a pair of legs (30) standing from the base and facing each other in a right-left direction (Fig 3), and
a pair of claws (approximately 30a),
the claws respectively provided for the legs and projecting closer to each other in the right-left direction (Fig 3),
a dimension in the right-left direction of the sheet portion is larger than a dimension in the right-left direction of the bonding surface of the base (Fig 3), and
the dimension in the right-left direction of the bonding surface of the base is smaller than a maximum outer dimension of outer dimensions in the right-left direction of the clip body determined by the pair of legs (Fig 3).
Masato teaches attachment of the base to the sheet portion, but does not explicitly teach the base having a bonding surface bonded to the sheet portion.
Erb teaches a clip and connector for attaching substrate (analogous art). Erb further teaches attachment via bonding (abstract)(col 7, ln 14-25). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Masato in view of Erb such that the base has a bonding surface bonded to the sheet portion as taught by Erb for the advantages of secure attachment.
RE Claim 2: Masato as modified discloses the clip according to claim 1, Masato further discloses wherein the pair of legs each include
a first extension extending in an upward direction from the base (curved part in the lower part of 30), the first extensions extending away from each other in the right-left direction (Fig 3), and
a second extension extending in the upward direction from the first extension (vertical part in the upper part of 30) corresponding thereto to the claw corresponding thereto (Fig 3), and
a space into which a part of the cushion material is insertable is formed between the sheet portion and each of the first extensions (Figs 1-3.
RE Claim 3: Masato as modified discloses the clip according to claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Masato such that wherein the dimension in the right-left direction of the sheet portion is two times or more and three times or less as large as the maximum outer dimension of the outer dimensions in the right-left direction of the clip body determined by the pair of legs since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A) citing In re Rose, 105 USPQ 237 (CCPA 1955). This would be done for improved stability.
RE Claim 4: Masato discloses the clip according to claim 1,
Masato further discloses wherein the sheet portion is made of non-woven fabric (cloth or leather per para 0013). Also see Erb col 7, ln 18-20).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Masato in view of Erb as applied to claim 1 above, and further in view of Stiller (US 2002/0101109 A1)(hereinafter Stiller).
RE Claim 5: Masato as modified discloses a clip assembly, comprising: a plurality of the clips according to claim 1 (previously discussed) that are arranged along any arrangement direction (Masato Fig 2).
In Masato, it appears there is a clip connector connecting the plurality of clips to each other and being elastically deformable (Figs 1, 6)(most materials deform to some degree under force), however it is not explicitly stated.
However, Stiller teaches a fastener assembly for a seat (analogous art) and further teaches a clip connector connecting the plurality of clips to each other and being elastically deformable (para 0028-0031). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Masato (as modified) in view of Stiller by incorporating a clip connector connecting the plurality of clips to each other and being elastically deformable as taught by Stiller for the advantages of proper alignment of the cover material and the cushion material.
RE Claim 6: Masato as modified discloses the clip assembly according to claim 5, Masato further discloses
wherein the sheet portions of the plurality of clips adjacent to each other are arranged at intervals therebetween (Fig 2)(also see Stiller Fig 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various fastening devices for seat cushion materials.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 7:30-5.
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, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA E GRABER/Primary Examiner, Art Unit 3644
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