DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application filed 14 February 2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement filed 14 February 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scully (US 1,802,620).
- Regarding Claim 1. Scully discloses an armrest assembly (fig. 1-4), the assembly positioned on or between adjacent seats (1) connected by a common frame (illustrated by fig. 1-2), the assembly comprising:
a mounting bracket (8/10), the bracket attached between said adjacent seats (1), the bracket having horizontally spaced co-extensive sidewalls extending forwardly therefrom (illustrated by fig. 4);
upper and lower armrest elements (9), each of said upper and lower armrest elements (9) pivotally attached to one of said sidewalls (illustrated by fig. 4 and pivot 10);
wherein each of said upper and lower armrest elements (9) can be rotated between utility and stowage positions (illustrated by 4, the left armrest is in the utility configuration and right is in the stowage position).
- Regarding Claim 2. Scully discloses the assembly of claim 1 including a horizontal base (7) attached to and secured between said adjacent seats (1) wherein said bracket (8/10) is attached to base (7, illustrated by fig. 4).
- Regarding Claim 4. Scully discloses the assembly of claim 1 wherein each of said armrest elements (9) has compressible material disposed on an upper surface (“cushioned arm supporting members” page 1 lines 50-51).
- Regarding Claim 5. Scully discloses the assembly of claim 1 wherein said adjacent seats (1) have a pre-existing mounting structure (6, illustrated by fig. 2), and said mounting bracket (8/10) is attached to said structure (6, attached by pin 4 and bracket 5).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Scully in view of Obviousness.
- Regarding Claim 3. Scully discloses the assembly of claim 2 wherein said horizontal base (7) is formed of a rectangular tube(fig. 4 illustrates the horizontal base as rectangular). Scully does not disclose the rectangular tube as being made of steel.
However, the examiner contends that it has been held that a prima facie obviousness exists where the selection of a known material is based on its suitability for its intended use. In the instant case, choosing steel as the material for the base is a selection of a known material making it obvious to one or ordinary skill in the art before the effective filing date of the invention as claimed. Note that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. See MPEP 2144.07.
Conclusion
The prior art made of record and not relied upon but considered pertinent to applicant's disclosure can be found in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYE W ABELL whose telephone number is (303) 297-4408. The examiner can normally be reached on Monday - Friday 0700-1500 CST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYE WILLIAM ABELL/Primary Examiner, Art Unit 3644 17 November 2025