DETAILED ACTION
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 .
Claim Rejections - 35 USC § 102, 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 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.
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) 1, 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reichert (US Patent Number 5558260).
Regarding claim 1, Reichert discloses a seat adapter, comprising: a base portion (12; alternatively a forward portion of 26); a channel (formed under at least a rear portion of 26) positioned rearward from the base portion, the channel extending laterally across the seat adapter from a first side of the seat adapter to an opposite second side of the seat adapter and defining a first lateral opening at the first side and a second lateral opening at the opposite second side (openings formed for 27 and/or 28 for instance), wherein the channel is configured to receive a seat frame therein (at least a portion of 35 for instance), a dovetail portion (66) extending rearward from a distalmost end of the seat frame, and a plurality of ribs or gussets (25) coupled to the base portion and the dovetail portion, wherein the channel is positioned between the base portion and the dovetail portion (this is the general arrangement; see figures).
Regarding claim 4, Reichert further discloses each of the plurality of ribs or gussets extends over a peak of the channel (see figures).
Regarding claim 5, Reichert further discloses the base portion is configured to abut the seat frame (this is the general arrangement with 13, 39, etc. part of the frame).
Regarding claim 6, Reichert further discloses the base portion further comprises a fastener opening (at least a forward portion of 26 for instance has openings for 27, 28).
Regarding claim 7, Reichert further discloses a fastener is receivable through the fastener opening to further secure the seat adapter to the frame (this is the general arrangement).
Claim(s) 2 and 21-26 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Reichert (US Patent Number 5558260).
Regarding claim 2, Reichert discloses a device as explained above and further discloses the distal end of the seat frame is received within the channel (see Figures 2 and 5 showing a distalmost end of frame 35 in the channel). While Reichart is thus viewed as disclosing the device as claimed, the arrangement of edges relative to channels may not be explicit (i.e., while the figures appear to show the claimed arrangement, this may not be explicitly described). However, as changes in size, shape, and arrangement of components require only routine skill in the art, even if the claimed arrangement were not clear, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the arrangement as claimed based on normal variation to improve comfort, convenience, and/or security for various users.
Regarding claim 21, Reichert discloses a seat adapter, comprising: a base portion (12; alternatively a forward portion of 26); a channel (formed under at least a rear portion of 26) positioned rearward from the base portion, the channel extending laterally across the seat adapter from a first side of the seat adapter to an opposite second side of the seat adapter and defining a first lateral opening at the first side and a second lateral opening at the opposite second side (openings formed for 27 and/or 28 for instance), wherein the channel is configured to receive a seat frame therein (at least a portion of 35 for instance), and a dovetail portion (66) extending rearward from a distalmost end of the seat frame, the distal end defining the rearward most edge of the seat frame, wherein the distalmost end of the seat frame is received within the channel (see Figures 2 and 5 showing a distalmost end of frame 35 in the channel, and Figure 11 showing the dovetail portion 66, which would extend as claimed when installed on the frame). While Reichart is thus viewed as disclosing the device as claimed, the arrangement of edges relative to channels may not be explicit (i.e., while the figures appear to show the claimed arrangement, this may not be explicitly described). However, as changes in size, shape, and arrangement of components require only routine skill in the art, even if the claimed arrangement were not clear, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the arrangement as claimed based on normal variation to improve comfort, convenience, and/or security for various users.
Regarding claim 22, Reichert further discloses a plurality of ribs or gussets (25) extending from the channel to the dovetail portion (see figures).
Regarding claim 23, Reichert further discloses the plurality of ribs or gussets extends from the base portion to the dovetail portion (see figures).
Regarding claim 24, Reichert further discloses each of the plurality of ribs or gussets includes a rib height, wherein the rib height is greater than a channel height of the channel (this is the general arrangement).
Regarding claim 25, Reichert further discloses the base portion is configured to abut the seat frame (this is the general arrangement with 13, 39, etc. part of the frame).
Regarding claim 26, Reichert further discloses the base portion includes a fastener opening (at least a forward portion of 26 for instance has openings for 27, 28), wherein a fastener is receivable through the fastener opening to further secure the seat adapter to the frame (this is the general arrangement).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reichert in view of Bertrand et al. (US Patent Number 6796607). Reichert discloses a device as explained above but does not disclose a recess for a heating element. Bertrand discloses a related device including recesses for a heating element (of/at 130; see at least lines 21-22 of column 7). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a recess as taught by Bertrand in Reichert’s device because this could improve user comfort and convenience. Note that while the combination would appear to provide the components arranged as claimed based on the arrangement of the reference devices, even if this were not clearly the case, duplication and rearrangement of components requires only routine skill in the art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the components arranged as claimed based on normal variation to improve strength, stability, and/or comfort for various users.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot in view of the new grounds of rejection necessitated by Applicant’s amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/ Primary Examiner, Art Unit 3636
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