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 1-20 are pending.
Election/Restrictions
Claims 10 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/23/25. Applicant argues that the election requirement is improper based on the contention that examination of all the species and claims together would not create a serious search burden because it is unlikely that examination of all the claims will raise different non-prior art issues and examination together is the most efficient approach to examination. The Office is not persuaded by these arguments. Figs. 2-4 and 5-7 provide entirely different mechanisms for folding the headrest as can be seen at least by the differently shaped guide grooves, rotating plates, springs and inclusion of different/additional elements such as multiple guides/receivers. Further, the basis of the invention, movement of the headrest to a folded position, is accomplished by different movements and/or functions (i.e. rotation vs. translation and rotation). As such, the examination of both entirely different folding mechanisms presents serious search and/or examination issues regardless of non-prior art considerations.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-9, 11-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 10-2010-0010173). Lee discloses a foldable headrest system for a vehicle seat comprising: a headrest assembly including a headrest (fig. 2: 100) and a frame (fig. 2: 110) with a section; a housing (fig. 2: 130) having a first side plate with a first groove (fig. 2: 132 left side) and a second side plate with a second groove (fig. 2: 132 right side), with the section of the frame extending through the first groove and through the second groove; a rotating plate (fig. 2: 150) engageable with the section of the frame; a lock lever (fig. 2: 190) engageable with the rotating plate to hold the rotating plate and the headrest in position; and a link (fig. 2: 193) connected with the lock lever to move the lock lever to allow the rotating plate and the headrest assembly to rotate.
As concerns claim 2, Lee discloses a spring urging the headrest assembly toward a folded position (fig. 2: 170).
As concerns claim 3, Lee discloses wherein the rotating plate includes a lock (fig. 2: 153) and the lock lever includes a catch (fig. 2: 195) configured to engage the lock.
As concerns claim 4, Lee discloses wherein the housing includes a connection plate (fig. 3: 134) connecting with the first side plate and the second side plate.
As concerns claim 5, Lee discloses a pin (fig. 2: 191) holding the lock lever to the housing.
As concerns claim 6, Lee discloses a torsion spring (fig. 2: 196) engaging the lock lever to urge the lock lever toward the rotating plate.
As concerns claim 7, Lee discloses wherein the housing includes a bottom plate (fig.2: 136) connecting with the first side plate and with the second side plate.
As concerns claim 8, Lee discloses wherein the frame is U-shaped and the section is straight (fig. 2).
As concerns claim 9, Lee discloses wherein the vehicle seat has a back and the housing is connected to the back (housing is within a seatback).
As concerns claim 11, Lee discloses a foldable headrest system for a vehicle seat comprising: a headrest assembly including a headrest (fig. 2: 100) and a frame (fig. 2: 110) that has a section; a housing (fig. 2: 130) having a first side plate with a first groove(fig. 2: 132 left side) and a second side plate with a second groove (fig. 2: 132 right side), with the section of the frame extending through the first groove and through the second groove; a rotating plate (fig. 2: 150) engageable with the section of the frame when the headrest assembly in in an upright position; a lock lever (fig. 2: 190) engageable with the rotating plate to hold the rotating plate and the headrest in the upright position; and a link (fig. 2: 193) connected with the lock lever to move the lock lever to allow the rotating plate and the headrest assembly to rotate.
As concerns claim 12, Lee discloses a torsion spring (fig. 2: 170) urging the headrest assembly toward a folded position.
As concerns claim 13, Lee discloses wherein the rotating plate includes a lock shaped as a tooth (fig. 2: 153) and the lock lever includes a catch (fig. 2: 195) configured to engage the lock.
As concerns claim 14, Lee discloses wherein the housing includes a front connection plate connecting with the first side plate and the second side plate (fig. 2: 134).
As concerns claim 15, Lee discloses a pin (fig. 2: 191) holding the lock lever to the housing, with a spring on the pin and engaging the lock lever.
As concerns claim 16, Lee discloses a torsion spring (fig. 2: 196) engaging the lock lever to urge the lock lever toward the rotating plate.
As concerns claim 18, Lee discloses wherein the frame is U-shaped and the section is straight, wherein the frame includes a pair of legs extending from the section to the headrest (fig. 2).
As concerns claim 19, Lee discloses wherein the vehicle seat has a back and the housing is contained in the back (the housing is within a vehicle seat back).
As concerns claim 20, Lee discloses a foldable headrest system for a vehicle seat comprising: a headrest assembly including a headrest (fig. 2: 100) and a frame (fig. 2: 110) with a section; a housing (fig. 2: 130) having a first side plate with a first groove and a second side plate with a second groove (fig. 2: 132 left and right side), with the section of the frame extending through the first groove and through the second groove, the housing including a connecting plate (fig. 3: 134) that connects with the first side plate and the second side plate; a rotating plate (fig. 2: 150), through which the section of the frame is extendable; a lock lever (fig. 2: 190) engageable with the rotating plate to hold the rotating plate and the headrest in an upright position; and a link (fig. 2: 193) connected with the lock lever to move the lock lever to allow the rotating plate and the headrest assembly to rotate to a folded position.
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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