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Claims 10 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.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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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636