Ex Parte Stankiewicz et al

Patent Trial and Appeal Board

Jan 10, 2017

13133869 (P.T.A.B. Jan. 10, 2017)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/133,869 10/27/2011 Timothy J. Stankiewicz 113601-0548 6168
50659 7590
BUTZEL LONG, P.C.
IP DEPARTMENT
41000 Woodward Avenue
Stoneridge West
Bloomfield Hills, MI 48304
EXAMINER
MCPARTLIN, SARAH BURNHAM
ART UNIT PAPER NUMBER
3649
NOTIFICATION DATE DELIVERY MODE
01/12/2017 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patent @ butzel. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte TIMOTHY J. STANKIEWICZ, SANDRA L. SMITH,
and GERALD M. MOILANEN
Appeal 2015-002243
Application 13/133,869
Technology Center 3600
Before LYNNE H. BROWNE, JILL D. HILL, and THOMAS F. SMEGAL,
Administrative Patent Judges.
BROWNE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Timothy J. Stankiewicz et al. (Appellants) appeal under 35 U.S.C.
§ 134 from the rejection of claims 1—6.1 We have jurisdiction under 35
U.S.C. § 6(b).
We reverse.
1 Claims 7—13 were canceled in the Amendment filed January 17, 2014.
Appeal 2015-002243
Application 13/133,869
CLAIMED SUBJECT MATTER
Claim 1, reproduced below, is illustrative of the claimed subject
matter:
1. A fastener, for use in coupling a seat trim cover to a seat, the
fastener comprising:
an elongated body portion;
a first end extending from the elongated body portion having
a substantially J shape, a middle portion positioned between the
elongated body portion and the first end, and a receiving space
located between the first end and elongated body portion for
receiving a structure;
a single second end extending distally from the elongated
body portion for sewing the trim cover to the second end,
wherein the first end includes an arcuate hook having a barb
pointing outward and a planar surface pointing inward for
retaining the fastener on the structure; and
wherein the elongated body portion has a bent portion having
a predetermined bend angle located between the first and second
ends to enable the fastener to be sewn face down without
additional tension between a sewing machine surface and a
sewing foot.
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Beyer US 5,826,939 Oct. 27, 1998
Snooks US 6,869,495 B2 Mar. 22,2005
REJECTIONS
Claims 1 and 4—6 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Snooks.
Claims 2 and 3 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Snooks and Beyer.
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Appeal 2015-002243
Application 13/133,869
DISCUSSION
Rejection I
The Examiner finds that Snooks discloses each and every limitation of
claim 1. See Final Act. 2—3. In particular, the Examiner finds that Snooks
discloses “a single second end (14) extending distally from the elongated
body portion for attachment to the trim cover (28).” Id. at 2.
Appellants contend that Snooks does not disclose “a fastener as
claimed having ‘a single second end extending distally from the elongated
body portion for sewing the trim cover to the second end . . Appeal Br.
6 (emphasis omitted). In support of this contention, Appellants explain that
“[a]n important feature of fasteners 10 of Snooks is that the second portion
14 includes opposing legs 24 and 24’ that define a channel 32 for receiving
upholstery material 16.” Id. (citing Snooks 3:3—20).
Appellants are correct. Describing elements 14 and 24, Snooks states:
Another distinguishing feature over previous J-hook
profiles is the inclusion of opposing legs 24 (24’) in the second
portion 14. As extruded, the legs each preferably have a distal
end 26 that are spaced from each other, but which preferably are
brought into generally opposing relation to each other with an
upholstery material 28 (28’), as shown in FIGS. 2 and 4, for
securing the upholstery material therebetween.
Snooks 3:3—10. Further, as noted by Appellants (Appeal Br. 6), Snooks
explicitly states:
Referring to FIGS. 8A-80, 9A-9X, 10A-10R, and 11A-
11R, there are shown, without limitation, examples of a variety
of alternative profile configurations that can be employed in
place of or in addition to the first portion of the profiles of FIGS.
1—7. In each instance, the second portion (namely second portion
14 of FIGS. 1-7) has been omitted from the drawings, it being
recognized that the second portion of the profiles of FIGS. 8A—
80, 9A—9X, 10A— 10R, and 11 A—11R would necessarily include
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Appeal 2015-002243
Application 13/133,869
a second portion, consistent with the structure of the second
portion 14 that has been disclosed. Specifically, the structures
illustrated are intended also to include a second portion with
structures that have free ends that can be spaced from each other
for forming a channel, into which the substrate (e.g., upholstery
material) and liquid can be placed.
Snooks 3:47—61.
Thus, a fair reading of Snooks indicates that second portion 14 is not
an end and that Snooks discloses two second ends 24 and 24’. Accordingly,
the Examiner’s finding is in error.
For this reason, we do not sustain the Examiner’s decision rejecting
claim 1, and claims 4—6, which depend therefrom, as anticipated by Snooks.
Rejection II
The rejection of claims 2 and 3 relies upon the same erroneous finding
as the rejection of claim 1 discussed supra. Beyer does not cure the
deficiency in Snooks. Accordingly, we do not sustain the Examiner’s
decision rejecting claims 2 and 3, for the same reason we do not sustain the
Examiner’s decision rejecting claim 1.
DECISION
The Examiner’s rejections of claims 1—6 are REVERSED.
REVERSED
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