DETAILED ACTION
In Response to Applicant’s Remarks Filed 4/21/26
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-18 are pending.
Claims 1-18 have been examined.
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 18 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 18 has been amended to recite “the tether flange having at least one opening and being attached to a second strap, and the at least one opening being configured to receive the hook.” It is unclear from the language and Fig. 8 how tether flange 68 may be attached to second strap 70, as second strap 70 is attached to a different portion of the tether bracket. Appropriate correction is required. For purposes of examination, it will be assumed Applicant intended the tether bracket to have the second strap attached to it, as previously claimed.
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) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haverkamp (US 6729687). Haverkamp discloses a seat assembly having a frame structure (fig. 1: 3) and an outer cushion portion (fig. 1: 1), the outer cushion portion having a top surface, an upright portion (fig. 1: shown), and a seat portion (Abstract states that the device includes a vehicle seat), the seat assembly configured to receive a child's seat (abstract) having a strap including a hook; and a tether bracket (fig. 1: 4) attached to an upper end of the frame structure of the seat assembly, the tether bracket including a tether flange (fig. 1: 4.2) extending in a perpendicular direction therefrom, the tether flange having at least one opening (fig. 1: 4.1) configured to receive the hook, and the at least one opening being above the top surface of the outer cushion portion (as shown in fig. 1).
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) 1-3, 7, 9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haverkamp (US 6729687) in view of Taniguchi et al. (US 10981480) (“Taniguchi”). Haverkamp teaches a seat assembly having an outer cushion portion (fig. 1: 1); a support bracket (fig. 1: 3) attached to an upper end of the seat assembly; and a tether bracket (fig. 1: 4) attached to the support bracket, the tether bracket including a tether flange (fig. 1: 4.2) located rearward of the connection to the seat (fig. 1: 2), the tether flange being located adjacent to and above a top surface of the outer cushion portion of the seat assembly (as shown in fig. 1), and the support bracket being disposed between the seat assembly and the tether bracket (fig. 1: 3 connects the seat and the tether bracket).
Haverkamp teaches wherein “the head rest guide 2 is each provided with a guide pipe penetrating the back rest 1 which pipe is connected with a support structure (not shown) of the back rest 1” (Col. 3, lines 22-25), but does not expressly teach wherein the seat assembly has a frame structure and the support bracket is attached to the upper frame. However, Taniguchi teaches a vehicle seat having a frame structure (fig. 2: 2A, 8) and the support bracket (fig. 3: 12) is attached to the upper frame structure (as shown in fig. 2). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to attach the support bracket to the upper frame in order to secure the bracket to the seat.
As concerns claim 2, Haverkamp, as modified, teaches wherein the tether bracket is attached to the support bracket proximate the upper end of the frame structure (Haverkamp, fig. 1 shows that 4 is attached to 3 in the upper region of the seatback/frame structure with the upper frame structure being the most proximate frame element).
As concerns claims 3 and 9, Haverkamp, as modified, teaches wherein the frame structure includes a first side section and a second side section (Taniguchi, fig. 2: front side and rear side of 2A, respectively) with the support bracket extending from the first side section toward the second side section (Haverkamp shows 3 extending rearwards from its connection to the front side of the upper frame shown in Taniguchi).
As concerns claim 7, Haverkamp, as modified, teaches wherein the tether bracket includes a main portion (fig. 3: portion along rear face of 3.3) and the tether flange (fig. 3: 4.2), the main portion of the tether bracket being upright and fixedly attached to the support bracket with the tether flange extending from an upper end of the main portion in a direction perpendicular to the main portion (as shown in fig. 3).
As concerns claim 14, Haverkamp, as modified, teaches wherein the tether flange extends from the tether bracket in a direction perpendicular to the support bracket (Haverkamp, fig. 3: 4.1 extends perpendicular from the rounded edge of 3.3).
Allowable Subject Matter
Claims 4-6, 8, 10-13, 15 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art references of Haverkamp and Taniguchi fail to teach:
wherein a second portion of the support bracket extends along a rearward side of the upper end of the frame structure;
wherein the frame structure includes a top section extending from the first side section to the second side section with the support bracket extending from the first side section toward to a central location of the top section between the first side section and the second side section and being fixedly attached to the top section;
wherein the frame structure includes a top section extending from the first side section to the second side section with the support bracket extending from the first side section to the second side section and being fixedly attached to the top section and the second side section;
wherein the seat assembly includes a head rest centrally located above the seat cushion portion, the tether flange being located rearward of the head rest and aligned with the head rest;
wherein the seat assembly includes a head rest centrally located above the seat cushion portion, the tether flange being located rearward and offset of the head rest; or
a tether bracket attached to an upper end of the frame structure of the seat assembly, the tether bracket including a tether flange extending in a perpendicular direction therefrom, the tether flange having at least one opening, the tether bracket being attached to a second strap, and the at least one opening being configured to receive the hook.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Response to Arguments
Applicant’s arguments filed 4/21/26 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Haverkamp and Tachiguchi, as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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