DETAILED ACTION
This is a first action on the merits of application 18049867.
Claims 1-20 are pending.
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.
Claim 2 is 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 2 recites the limitation "the waterborne vessel". There is insufficient antecedent basis for this limitation in the claim.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-8, 10-17 is/are rejected under 35 U.S.C. 102a as being anticipated by Allen US 3743350.
Claim 1, Allen discloses a seating system 10 for a vessel [col. 3 lines 30-40], comprising: a first platform 12; a second platform 11 coupled to the first platform 12 and configured to rotate in relation to the first platform; wherein: the seating system 10 is configured to move between a first and a second position; the second platform 11 has a substantially horizontal orientation and the first platform 12 is substantially upright when the seating system 10 is in the first position; and the first platform 12 has a substantially horizontal orientation and the second platform 11 is substantially upright when the seating system is in the second position. See figs. 4-6.
Claim 2, Allen discloses a mount 14 configured to be mounted on the waterborne vessel; and a hinge 15, wherein: the hinge comprises a first arm 17 mounted on the first platform 12, and a second arm 16 mounted on the second platform 11; the second arm is coupled to the first arm and is configured to rotate in relation to the first arm; the second arm is configured to engage and rotate in relation to the mount when the seating system is in the first position; and the first arm is configured to engage and rotate in relation to the mount when the seating system is in the second position. See figs. 1-6
Claim 3, Allen discloses the first arm 17 is further configured to be disengaged from the mount 14 when the seating system is in the first position; and the second arm 16 is further configured to be disengaged from the mount 17 when the seating system is in the second position. See figs 2-3.
Claim 4-5, Allen discloses a first pin 30/31 mounted on the first arm 17 and configured to be received in a first groove formed in the mount 14 when the seating system is in the second position; and a second pin 22/25 mounted on the second arm 16 and configured to be received in a second groove formed in the mount when the seating system is in the first position. See col. 2, lines 45-70 and the first arm is further configured to engage and rotate in relation to the mount by way of the first pin; and the second arm is further configured to engage and rotate in relation to the mount by way of the second pin.
Claim 7, Allen discloses a third bracket 19/26 coupled to the first and second brackets and the mount and configured to rotate in relation the first and second brackets and the mount, wherein the third bracket is further configured to limit a range of rotation of the first and second brackets in relation to the mount. See fig. 3
Claim 8, Allen discloses the third bracket 19/26 comprises a first member, and a second member coupled to the first member and configured to translate linearly in relation to the first member. See figs. 2-3
Claim 10-11, Allen discloses the first platform 12 is configured to form a backrest and the second platform 11 is configured to form a seating area when the seating system is in the first position; and the second platform 11 is configured to form another backrest and the first platform 12 is configured to form another seating area when the seating system is in the second position. See figs. 4 and 6. And wherein the backrest formed by the first platform faces a first direction, and the backrest formed by the second platform faces a second direction substantially opposite the second direction.
Claim 12, Allen discloses wherein the first and second platforms each comprise a frame [shown in figs], and padding mounted [silent but shown in figs and also inherent since it lays horizontal to form a bed] on the frame.
Claim 13, Allen discloses the first pin 30 is located proximate a first end of the first arm 17; the second pin 22 is located proximate a first end of the second arm 16; and the second arm is coupled to the first arm at a location on the second arm proximate a second end of the second arm, and at a location on the first arm proximate a second end of the first arm. See figs 2-3
Claim 14, Allen discloses a restraint comprising a flexible member [hinge mechanism 15] configured to carry a tension force, wherein: a first end of the flexible member is securely attached to the first platform 12; a second end of the flexible member is securely attached to the second platform 11; and the flexible member is configured to limit a range of rotation of the second platform in relation to the first platform. See fig. 5 wherein the range is limited at 180 degrees horizontally.
Claim 15, Allen discloses further comprises a rigid member 13 configured to support the flexible member, and to further limit the range of rotation of the second platform in relation to the first platform when the seating system is in the first and second positions of the seating system. See fig. 1
Claim 16, Allen discloses the hinge is a first hinge; the system further comprises a second hinge; the first arm of the first hinge is mounted on a first side of the first platform; the second arm of the first hinge is mounted on a first side of the second platform; the first arm of the second hinge is mounted on a second side of the first platform; and the second arm of the second hinge is mounted on a second side of the second platform. See figs 4-6.
Claim 17, Allen discloses at least one of the first and second arms 17/16 has a slot 27/20 formed therein; at least one of the first and second arms comprises a pin configured to be received in the slot of the other of the first and second arms; and the pin is further configured to guide the first and second arms during relative movement of the first and second arms, and to limit a range of rotation of the first and second arms in relation to each other. See col. 2, lines 60-67. See figs. 2-3
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.
Claim(s) 6, 9, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allen et al.
Claims 6 and 9, Allen discloses the aforementioned limitations of claim 1, he does not disclose a third position; the first and second platforms each have a substantially vertical orientation when the seating system is in the third position; However, he does disclose the pins and grooves usage in the figs. 2-3. When viewing fig. 5 wherein both platforms are horizontal which is just the opposite of vertical. Interpreting the figures it can be concluded there is no range of motion restrictions to prevent both platforms from being in a third position (vertical). Thus, it 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 to have a vertical orientation for the seat to save space for user maneuverability on a vessel.
Method Claims 18-20, Allen discloses all the steps of the limitations in the claims except for wherein the 1st and 2nd platforms are both in a vertical orientation with each other, but this is of ordinary skill and can be inferred to be capable of accomplishing this limitation when viewing fig. 5 wherein both platforms are horizontal which is just the opposite. Interpreting the figures it can be concluded there is no range of motion restrictions to prevent both platforms from being in a fourth position (vertical). Thus, it 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 to have a vertical orientation for the seat to save space for user maneuverability on a vessel.
Conclusion
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/JOVON E HAYES/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615