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 .
Specification
The disclosure is objected to because of the following informalities:
In Para [0034]: upper leg 62C should be 62D
In Para [0040]: biasing device 70 should be damping device 70
Appropriate correction is required.
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 4, 9, and 14 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 4 recites the limitation "the length of the damping device arm" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the length of the push rod arm control" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the length of the damping device arm" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the length of the push rod arm control" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the length of the damping device arm" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the length of the push rod arm control" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 4, 9, 14 all mention the length of the damping device arm controls a stroke length of the damping device, and the length of the push rod arm control a travel distance of the rear cross member of the seat frame. These claims have dependency on the previous independent claims which do not include the length of the damping device arm. Therefore, this constitutes as having a lack of antecedent basis. For purposes of examination below, the Office is interpreting Claim 4 to depend on Claim 3 (Claim 9 to depend on Claim 8 and Claim 14 to depend on Claim 13). To overcome this rejection, the Office suggests that the aforementioned claims depend on the prior claim it stems from as interpreted by the Office. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 6, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US 8215694 B2).
Re Claim 1, Smith et al. discloses, a seat suspension system for a seat of a lightweight vehicle (Abstract), said system comprising: a seat frame (Fig. 17, 96) to which a seat (Fig. 17, 38) can be connected (Col. 1, lns 48-55, see annotated Fig. 17 below), the seat frame comprising
a first siderail (Fig. 17, 50);
a second siderail (Fig. 17, 50);
a front cross member extending between the first and second siderails (see annotated Fig. 17 below);
and a rear cross member extending between the first and second siderails (see annotated Fig. 17 below);
one or more of seat frame mounting bracket (Fig. 17, 52) mounted to a chassis (Fig. 17, 48) of the vehicle;
one or more mounting feet (see annotated Fig. 17 below) extending from a front portion of the seat frame (see annotated Fig. 17 below), the one or more mounting feet pivotally connectable to the one or more seat frame mounting bracket (see annotated Fig. 17 below);
and a damping assembly mounting bracket (Fig. 17, 44) mounted to the rear cross member;
and a damping device assembly (Fig. 17, 46) mounted between the chassis of the vehicle and the damping assembly mounting bracket, the damping device assembly structured and operable to dampen the transfer of movement from the chassis of the vehicle to the seat frame (see annotated Fig. 17 below).
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Figure 17 from Smith et al. (US 8215694 B2)
Re Claim 6, Smith et al. discloses, a seat assembly for a lightweight vehicle (Abstract), said assembly comprising:
a seat frame (Fig. 17, 96) to which a seat (Fig. 17, 38) can be connected, the seat frame comprising
a first siderail (Fig. 17, 50);
a second siderail (Fig. 17, 50);
a front cross member extending between the first and second siderails (see annotated Fig. 17 above);
and a rear cross member extending between the first and second siderails (see annotated Fig. 17 above);
one or more of seat frame mounting bracket (Fig. 17, 52) mounted to a chassis (Fig. 17, 48) of the vehicle;
one or more mounting feet (see annotated Fig. 17 above) extending from a front portion of the seat frame (see annotated Fig. 17 above), the one or more mounting feet pivotally connectable to the one or more seat frame mounting bracket (see annotated Fig. 17 above);
and a damping assembly mounting bracket (Fig. 17, 44) mounted to the rear cross member;
a seat connectable to the seat frame (Abstract; see annotated Fig. 17 above);
and a damping assembly (Fig. 17, 46) mounted between the chassis of the vehicle and the damping assembly mounting bracket (see annotated Fig. 17 above), the damping device assembly structured and operable to dampen the transfer of movement from the chassis of the vehicle to the seat.
Re Claim 11, Smith et al. discloses, a lightweight vehicle (Abstract), said vehicle comprising:
a chassis (Fig. 17, 48);
and a seat assembly (see annotated Fig. 17 above), the assembly comprising:
a seat frame (Fig. 17, 96) to which a seat (Fig. 17, 38) can be connected, the seat frame comprising
a first siderail (Fig. 17, 50);
a second siderail (Fig. 17, 50);
a front cross member extending between the first and second siderails (see annotated Fig. 17 above);
and a rear cross member extending between the first and second siderails (see annotated Fig. 17 above);
one or more of seat frame mounting bracket (Fig. 17, 52) mounted to a chassis (Fig. 17, 48) of the vehicle (see annotated Fig. 17 above);
one or more mounting feet extending from a front portion of the seat frame (see annotated Fig. 17 above), the one or more mounting feet pivotally connectable to the one or more seat frame mounting bracket (see annotated Fig. 17 above);
and a damping assembly mounting bracket (Fig. 17, 44) mounted to the rear cross member (see annotated Fig. 17 above);
a seat (Fig. 17, 38) connectable to the seat frame (Fig. 17, 96);
and a damping assembly (Fig. 17, 46) mounted between the chassis of the vehicle and the damping assembly mounting bracket (see annotated Fig. 17 above), the damping device assembly structured and operable to dampen the transfer of movement from the chassis of the vehicle to the seat.
Allowable Subject Matter
The primary reason for the indication of allowable subject matter in Claims 2-3, 5, 7-8, 10, 12-13, and 15 are the inclusion in the claim limitations directed to the rocker assembly with a damping device arm and a push rod arm within the damping assembly. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record, Smith et al., do not teach or suggest including a rocker assembly with a damping device arm and a push rod arm within the damping assembly, as claimed. There is no suggestion or motivation in the prior art to make such a modification to the device of Smith et al.
Claims 4, 9, 14 would be allowable if rewritten to overcome the rejection 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose vehicle seats with a suspension assembly.
Bischoff (US 20230356634 A1) discloses a seat frame which has a dampener attached to it but not connected to the chassis.
Bischoff (US 20050127730 A1) discloses a seat suspension assembly that is used to isolating an occupant of the seat from shocks imparted to the assembly.
Sellars et al. (US 20190375458 A1) discloses a suspension system placed behind the seat frame which is connected to the main vehicle frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASMINE J THOMAS whose telephone number is (571)272-8742. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/JASMINE JAMES THOMAS/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
May 27, 2026
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