Ex Parte Stankiewicz et al

Patent Trial and Appeal BoardJan 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. 2 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 3 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 4