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.
Claims 14-19 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 3/23/26. Applicant’s traversal is generic, not specific to the present application or specific reasons provided for the election of species requirement. The restriction is therefore deemed final for the reasons previously provided.
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 9 and 13 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.
Claims 9 and 13 recite the spring is attached to the frame “medially from a medial end of the seat pan.” It is unclear what location on the frame is associated with medially from a medial end of the seat pan (i.e. How is there a medial/middle end? And how is the spring connected to the frame at a location to the middle of the middle end?).
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueck et al. (US 20210179274) (“Lueck”) in view of Henshaw (US 2017/0021930). Lueck teaches a means for guiding a seat pan of the passenger seat forward as the seat pan moves from an upright sitting position to a recline sitting position (fig. 6: 6, 7, 13); a pivot attachment coupled to the seat pan and a seat back of the passenger seat (fig. 6: 32), wherein the pivot attachment enables a lumbar region of the seat back to move forward when the seat pan moves from the upright sitting position to the recline sitting position (fig. 4); a means for guiding the lumbar region of the seat back (fig. 1, 3: 33); and a spring (fig. 4: 37) coupled to the seat back and a frame component of the passenger seat, wherein the spring biases the passenger seat from the recline sitting position to the upright sitting position (paragraph 0063).
Lueck does not teach wherein the lumbar region of the seat back also moves lower as it moves forward toward the recline sitting position. However, Henshaw teaches a similar passenger seat having a seat back with a lumbar portion (fig. 9C: 910) coupled to the seat bottom which moves forward and lower when the seat bottom is moved from an upright to reclined sitting position (as shown from at least figs. 9C-9D). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to adjust the shape/direction of the guide rails 6, 7 of Lueck to move lower, as well as forward, in order to provide the desired recline position of Henshaw.
As concerns claim 2, Lueck, as modified, teaches wherein the spring comprises a gas locking spring (Lueck, paragraph 0063), wherein the locking gas spring dampens an acceleration of the passenger seat from the upright sitting position to the recline sitting position (paragraph 0063).
As concerns claim 3, Lueck, as modified, teaches wherein the means for guiding the seat pan comprises a first seat pan roller (fig. 6: 18, 19, 20) operatively coupled to the seat pan configured to roll along a first seat pan roller track (fig. 6: 14).
As concerns claim 4, Lueck, as modified, teaches wherein the means for guiding the seat pan further comprises a second seat pan roller (fig. 6: 16, 17) operatively coupled to the seat pan configured to roll along a second seat pan roller track (fig. 6: 15).
As concerns claim 5, Lueck, as modified, teaches wherein the first seat pan roller and the second seat pan roller are coupled to each other by a stability bar (Lueck, fig. 6: 22a).
As concerns claim 6, Lueck, as modified, teaches wherein the first seat roller track is integrated into a spreader (Lueck, fig. 5 shows that 14 and 15 are integrated into a spreader 10; Further, Henshaw shows a track integrated into a spreader (fig. 9: 902a) and would have been obvious to a person having ordinary skill in the art to modify the track to be integrated into a spreader in the event that 10 is not determined to be a “spreader.”).
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueck et al. (US 20210179274) (“Lueck”) in view of Henshaw (US 2017/0021930) and further in view of Veneruso (US 6641214). Lueck, as modified, does not teach does not teach a means for guiding the seat back comprising at least one seat back roller coupled to the seat back configured to roll along a seat back roller track. However, Veneruso teaches a movably coupled seat pan and seat back comprising a means for guiding the seat back comprising at least one seat back roller (fig. 1: 8) coupled to the seat back configured to roll along a seat back roller track (fig. 1: 5). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide a roller and track for the seat back in order to give additional stability to the seatback/seatback frame connection when moving.
As concerns claim 8, Lueck, as modified, teaches wherein a top end of the spring is coupled to the seat back (Lueck, fig. 4: 37).
As concerns claim 9, as best understood, Lueck, as modified, teaches wherein the seat back comprises a superior end and an inferior end and the seat pan comprises a lateral end and a medial end, wherein a bottom end of the spring is coupled to the frame at a position below the inferior end of the seat back and medially from the medial end of the seat pan (as shown in Lueck, fig. 4).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueck et al. (US 20210179274) (“Lueck”) in view of Henshaw (US 2017/0021930) and further in view of Muller et al. (US 7637571) (“Muller”). Lueck, as modified, does not teach wherein the pivot attachment comprises a pivot plate. However, Muller teaches a seat pan and backrest movable together and connected by a pivot plate (fig. 2D: curved angle bracket between 2 and 3), wherein the pivot plate comprises a seat pan attachment site configured to pivotably couple to the seat pan and a seat back attachment site configured to pivotably couple to the seat back (fig. 2D: shown by pin connections 31). 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 connection of the seat pan and backrest to include a pivot plate in order to provide the desired movement of the lumbar support or posture of the user in the reclining position.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henshaw (US 2017/0021930) in view of Veneruso (US 6641214). Henshaw teaches a frame comprising: a left spreader (fig. 1: 34); a right spreader (fig. 1: 36); a beam (fig. 1: 30) coupled to the left spreader and the right spreader; and a lower frame member coupled to the left spreader and the right spreader (fig. 1: 54), and positioned below a seat pan; the seat pan mounted between the left spreader and the right spreader, the seat pan comprising a seat pan frame (paragraph 0052); a seat back pivotably coupled to the seat pan (fig. 1: 24); a means for guiding the seat pan forward and lower as the seat pan moves from an upright sitting position to a recline sitting position comprising a first seat pan roller (fig. 1: 46, 49) operatively coupled to the seat pan configured to roll along a first seat pan roller track (fig. 1: 60); a pivot attachment coupled to the seat pan and the seat back (paragraph 0049: a pin or pivoting crossbar, not shown, connects the pan and back), wherein the pivot attachment enables a lumbar region of the seat back to move forward and lower when the seat pan moves from the upright sitting position to the recline sitting position; and a means for preventing over-acceleration of a movement of the passenger seat from the upright sitting position to the recline sitting position (fig. 1: 56).
Henshaw does not teach a means for guiding the seat back comprising at least one seat back roller coupled to the seat back configured to roll along a seat back roller track. However, Veneruso teaches a movably coupled seat pan and seat back comprising a means for guiding the seat back comprising at least one seat back roller (fig. 1: 8) coupled to the seat back configured to roll along a seat back roller track (fig. 1: 5). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide a roller and track for the seat back in order to give additional stability to the seatback/seatback frame connection when moving.
As concerns claim 12, Henshaw, as modified, teaches wherein the means for guiding the seat pan further comprises a second seat pan roller operatively coupled to the seat pan configured to roll along a second seat pan roller track (Henshaw, fig. 1: 60 on the opposite side/spreader).
Claim(s) 13, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Henshaw (US 2017/0021930) in view of Veneruso (US 6641214) and further in view of Lueck. Henshaw, as modified, does not teach wherein the means for preventing over-acceleration of the movement of the passenger seat from the upright sitting position to the recline sitting position comprises a spring coupled to the seat back and the frame of the passenger seat, wherein a top end of the spring is coupled to the frame at a position below an inferior end of the seat back and medially from a medial end of the seat pan. However, Lueck teaches wherein the spring for preventing over-acceleration of the passenger seat is coupled at a top end to the seat back and a bottom end to the spring (Lueck, fig. 4: 37). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, as a mere rearrangement of parts, to provide the dampening/locking spring of Henshaw on the upper portion of the seatback as taught by Lueck in order to provide the desired space under the seat for storage or the desired movement of the seat.
Allowable Subject Matter
Claim 20 is allowed
The following is a statement of reasons for the indication of allowable subject matter: The prior art references of Lueck, Henshaw and Muller fail to teach the method for reclining an aircraft passenger seat from an upright sitting position to a reclined sitting position, as claimed, comprising: adjusting a spring length, wherein the spring is operatively coupled to the seat back and a spreader. 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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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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