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 .
Claims 1-10 are pending.
Claims 1-10 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.
Claims 1-10 are 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 1 recites “the second main support is geometrically identical to the second main support.” This statement is unclear as it recites the same element being identical to itself. It appears Applicant intends to claim the first main support being geometrically identical to the second main support and will be understood as such for purposes of examination.
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 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awatani (US 9796307) in view of Karschin et al. (US 6554365) (“Karschin”). Awatani teaches an assembly for a first backrest and a second backrest of a vehicle seat (fig. 1: the backrest 2 may be used for a driver and passenger seat in a vehicle), the assembly comprising a first suspension system for attachment to a first frame and a second suspension system for attachment to a second frame, wherein: the first suspension system comprises:
- a first main support (fig. 1: 11), the first main support has a first main plate, the first main plate extends in a first elevation direction between a first upper main edge and a first lower main edge, the first main plate extends along a first transverse direction between a first main edge on the first side and a first main edge on the second side, the first transverse direction is perpendicular to the first elevation direction,
- a first ancillary support (fig. 1: 21), the first ancillary support has a first ancillary plate, the first ancillary plate has a first central portion extending in the extension of the first main plate along the first elevation direction, the first central portion extends along the first elevation direction between a first upper central edge and a first lower central edge, the first lower central edge extends opposite the first upper main edge, and
- a first structural core (fig. 1: 12) extending along the first elevation direction, the first main support is attached to the first structural core and the first ancillary support is attached to the first structural core, the second suspension system comprises:
- a second main support (fig. 1: 11, same as the other seat in the vehicle), the second main support has a second main plate, the second main plate extends in a second elevation direction between a second upper main edge and a second lower main edge, the second main plate extends along a second transverse direction between a second main edge on the first side and a second main edge on the second side, the second transverse direction is perpendicular to the second elevation direction,
- a second ancillary support (fig. 1: 21), the second ancillary support has a second ancillary plate, the second ancillary plate has a second central portion extending in the extension of the second main plate along the second elevation direction, the second central portion extends along the second elevation direction between a second upper central edge and a second lower central edge, the second lower central edge extends opposite the second upper main edge, and
- a second structural core (fig. 1: 12) extending along the second elevation direction, the second main support is attached to the second structural core and the second ancillary support is attached to the second structural core,
wherein the assembly: - the second main support is geometrically identical to the first main support (they are the same seat).
Awatani does not teach the second ancillary support geometrically differs from the first ancillary support. However, Karschin teaches an ancillary shoulder support (fig. 1: 16) having a different shape than that of Awatani (it has an inwardly curved shoulder support, commonly known in the art). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the shape of either the driver or passenger (first or second) backrest to have an inwardly curved ancillary/shoulder support in order to provide the desired comfort or positioning of the occupant.
As concerns claim 2, Awatani, as modified, teaches wherein the second main support is technically identical to the first main support (they are the same on both backrests).
As concerns claim 3, Awatani, as modified, teaches wherein: the first ancillary plate further has a first lateral portion on the first side, the first lateral portion on the first side extends along the first lateral direction from the first central portion to a first outer edge on the first side located beyond the first main edge on the first side (Awatani, fig. 1: 21 and Karschin, fig. 1: 16 both teach lateral portions which extend further laterally than the edges of the main support).
As concerns claim 7, Awatani, as modified, teaches wherein the first suspension system has a first plane of symmetry extending perpendicularly to the first transverse direction (as shown in Awatani, fig. 1).
As concerns claims 8 and 9, Awatani, as modified, teaches wherein the second structural core is geometrically and technically identical to the first structural core (they are the same structural core element on both backrests).
As concerns claim 10, Awatani, as modified, teaches wherein: the assembly comprises a first backrest and a second backrest, the first backrest comprises the first frame and the first suspension system, the second backrest comprises the second frame and the second suspension system (as discussed with regard to claim 1, the backrest of Awatani may be used in multiple seats in the vehicle), the first structural core extends along the first elevation direction between a first upper structural end and a first lower structural end, the first structural core is attached to the first frame at the first upper structural end (fig. 1 @ 13A) and the first lower structural end (fig. 1: @ 13B), and the second structural core extends along the second elevation direction between a second upper structural end and a second lower structural end, the second structural core is attached to the second frame at the second upper structural end and the second lower structural end (same as the first).
Allowable Subject Matter
Claims 3-6 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art references of Awatani and Karschin fail to teach wherein: the first ancillary plate further has a first lateral portion on the first side, the first lateral portion on the first side extends along the first lateral direction from the first central portion to a first outer edge on the first side located beyond the first main edge on the first side. Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
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