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 .
Response to Arguments
Applicant's arguments filed 1/7/26 have been fully considered but they are not persuasive.
Applicant states that Lake does not disclose a first belt webbing that is separate from a second belt webbing. The examiner respectfully disagrees. The claims state that the first and second webbings are separate and spaced apart from one another. The claims define the first and second webbings as having first/second portions, and third/fourth portions, respectively. A portion can be defined as any section of something. As such, in Lake, the lap belt section is considered the first webbing which comprises the first and second portions. Similarly, the upper section is considered the second webbing which comprises the third and fourth portions. This interpretation is best shown by the annotated figures below. As shown, these webbing portions are separated and spaced apart at least by a section of webbing. The claims do not require that the webbings are not attached to one another by another webbing portion. Further, the lap belt and shoulder belt portions of seat belts are often labeled and called by different names/references, even though they are attached by a common belt portion between them. This further supports the interpretation that the first webbing and second webbing may be designated as the lap and shoulder belt portions.
Claim Rejections - 35 USC § 103
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 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, 6-12, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake (US 6224105 B1) in view of Cantu (US 6056239 A).
For claim 1, Lake discloses a suite Fig. 1, the suite comprising:
a seat comprising a backrest portion 2 actuable between:
an upright state or configuration Fig. 1: dashed position adapted to accommodate a passenger in a primary seating position; and
a reclined state or configuration Fig. 1: solid position adapted to accommodate the passenger in an auxiliary seating position;
a primary belt restraint Fig. 1: webbing of lap belt as shown in annotated figure below adapted to buckle around the passenger’s hips and/or waist in the primary seating position when the backrest portion of the airplane seat is in the upright state or configuration adapted for this use, wherein the primary belt restraint comprises a primary latch plate belt lock 5 with tongue 7 and a primary buckle 8,
wherein the primary belt restraint further comprises a first belt webbing, the first belt webbing comprising opposing first and second portions shown in annotated figure below, and
wherein the first portion of the first belt webbing is connected to either the primary latch plate or the primary buckle shown in annotated figure below; and
an auxiliary belt restraint Fig. 1: shoulder belt (in upright position) as shown in annotated figure below adapted to buckle around the passenger’s hips and/or waist in the auxiliary seating position when the backrest portion of the airplane seat is in the reclined state or configuration adapted to be placed over a passenger’s hips/waist as it is able to be used in this way, wherein the auxiliary belt restraint comprises an auxiliary latch plate and an auxiliary buckle locking unit 10,
wherein the auxiliary belt restraint further comprises a second belt webbing, the second belt webbing comprising opposing third and fourth portions shown in annotated figure below,
wherein the third portion of the second belt webbing is connected to either the auxiliary latch plate or the auxiliary buckle shown in annotated figure below, and
wherein the second belt webbing of the auxiliary belt restraint is separate from the first belt webbing of the primary belt restraint shown in annotated figure below;
and
an auxiliary backrest Fig. 1: support which would be used as a headrest in an upright seated position;
wherein, when the primary belt restraint is buckled around the passenger's hips and/or waist in the primary seating position intended use; it may be used in this way:
the passenger's feet are supported on a floor of the airplane may be used this way; and
the passenger's back is supported against the backrest portion of the airplane seat may be used this way, and
the entirety of the second belt webbing of the auxiliary belt restraint, including the opposing third and fourth portions and any and all portions therebetween along the second belt webbing, is spaced apart from the entirety of the first belt webbing of the primary belt restraint, including the opposing first and second portions and any and all portions therebetween along the first belt webbing shown in annotated figure below;
wherein, when actuated between the upright state or configuration and the reclined state or configuration, the backrest portion of the airplane seat moves independently of:
the primary belt restraint the lap belt remains stationary when the backrest moves: and/or
the auxiliary belt restraint the auxiliary belt may also remain stationary when the backrest moves;
and
wherein, when the auxiliary belt restraint is buckled around the passenger's hips and/or waist in the auxiliary seating position may be used this way:
the passenger is seated on the backrest portion of the airplane seat may be used this way; and
the passenger's back is supported against the auxiliary backrest of the airplane suite may be used this way.
Lake does disclose that the seat is for a passenger of a vehicle but does not state that the vehicle is an aircraft and the seat is in an airplane suite.
However, Cantu teaches an aircraft with a passenger suite seat Fig. 3a. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by using the seat in an aircraft passenger suite as disclosed by Cantu. One of ordinary skill in the art would have been motivated to make this modification to use the seat and safety belt configuration of Lake in an aircraft to ensure safety of passengers in all reclining positions.
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For claim 6, Lake as modified discloses the airplane suite of claim 1, wherein:
in the upright state or configuration, the backrest portion of the airplane seat extends at a first angle relative to vertical Fig. 1; and
in the reclined state or configuration, the backrest portion of the airplane seat extends at a second angle relative to vertical Fig. 1, the second angle being greater than the first angle.
For claim 7, Lake as modified discloses the airplane suite of claim 1, but fails to disclose that the seat comprises a footrest portion actuable between:
a lowered state or configuration; and
a raised state or configuration, in which the footrest portion is adapted to support the passenger’s legs and/or feet.
However, Cantu teaches a footrest portion Fig. 11: 33 actuable between:
a lowered state or configuration Fig. 11: bottom; and
a raised state or configuration Fig. 11: top, in which the footrest portion is adapted to support the passenger’s legs and/or feet.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by including a footrest portion actuable as disclosed by Cantu. One of ordinary skill in the art would have been motivated to make this modification to provide a movable footrest for optionally providing a more relaxed position.
For claim 8, Lake as modified discloses the airplane suite of claim 1, wherein, when actuated between the upright state or configuration and the reclined state or configuration, the backrest portion of the airplane seat moves independently of the primary belt restraint Fig. 1: components move independently; and
wherein the auxiliary belt restraint is coupled to the backrest portion of the airplane seat at least indirectly coupled with intermediate components.
In addition to the auxiliary belt being at least indirectly coupled to the backrest portion, it may optionally be directly connected as modified by Emmer below.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake (US 6224105 B1) in view of Cantu (US 6056239 A) and Emmer et al (DE 3741831 A1).
Emmer teaches an optional belt guide located on an upper region of a backrest for coupling an auxiliary belt restraint end of Para 0015 of applicant provided translation. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by including a belt guide for optionally coupling an auxiliary belt to a backrest portion as disclosed by Emmer. One of ordinary skill in the art would have been motivated to make this modification to “improve the belt guidance on the body of the seat occupant 20” (Para 0015 of translation of Emmer).
For claim 9, Lake as modified discloses the airplane suite of claim 1, further comprising a suite shell as modified by Cantu, the shell is an aircraft suite shell.
For claim 10, Lake as modified discloses the airplane suite of claim 9, wherein, when actuated between the upright state or configuration and the reclined state or configuration, the backrest portion of the airplane seat moves independently of the auxiliary belt restraint Fig. 1: components move independently; and
wherein the auxiliary belt restraint is coupled to the suite shell as modified, the belt is coupled to the suite shell (wall structure next to the seat).
For claim 11, Lake as modified discloses the airplane suite of claim 9, but fails to disclose:
an auxiliary footrest coupled to the suite shell;
wherein the auxiliary footrest is adapted to support the passenger’s legs and/or feet.
However, Cantu teaches an auxiliary footrest Fig. 2: steps 61 coupled to the suite shell at least indirectly;
wherein the auxiliary footrest is adapted to support the passenger’s legs and/or feet able to be used by the passenger.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by including the auxiliary footrest as disclosed by Cantu. One of ordinary skill in the art would have been motivated to make this modification to provide steps for reaching the upper level of seats.
For claim 12, Lake discloses a suite Fig. 11, the suite comprising:
a seat comprising a backrest portion 2 actuable between:
an upright state or configuration Fig. 1: dashed position adapted to accommodate a passenger in a primary seating position; and
a reclined state or configuration Fig. 1: solid position adapted to accommodate the passenger in an auxiliary seating position;
a primary belt restraint Fig. 1: webbing of lap belt as shown in annotated figure below adapted to buckle around the passenger’s hips and/or waist in the primary seating position when the backrest portion of the airplane seat is in the upright state or configuration adapted for this use, the primary belt restraint comprising a first belt webbing; and
an auxiliary belt restraint Fig. 1: shoulder belt (in upright position) as shown in annotated figure below adapted to buckle around the passenger’s hips and/or waist in the auxiliary seating position when the backrest portion of the airplane seat is in the reclined state or configuration adapted to be placed over a passenger’s hips/waist as it is able to be used in this way, the auxiliary belt restraint comprising a second belt webbing that is separate from the first belt webbing of the primary belt restraint shown in annotated figure below; and
an auxiliary backrest Fig. 1: support which would be used as a headrest in an upright seated position;
wherein, in the upright state or configuration, the backrest portion of the airplane seat extends at a first angle relative to vertical Fig. 1;
wherein, when the primary belt restraint is buckled around the passenger's hips and/or waist in the primary seating position intended use; it may be used in this way:
the passenger's feet are supported on a floor of the airplane may be used this way; and
the passenger's back is supported against the backrest portion of the airplane seat may be used this way; and
the second belt webbing of the auxiliary belt restraint, in its entirety, is spaced apart from the first belt belt webbing of the primary belt restraint in its entirety shown in annotated figure below;
wherein, in the reclined state or configuration, the backrest portion of the airplane seat extends at a second angle relative to vertical Fig. 1, the second angle being greater than the first angle;
wherein, when actuated between the upright state or configuration and the reclined state or configuration, the backrest portion of the airplane seat moves independently of:
the primary belt restraint the lap belt remains stationary when the backrest moves: and/or
the auxiliary belt restraint the auxiliary belt may also remain stationary when the backrest moves;
and
wherein, when the auxiliary belt restraint is buckled around the passenger's hips and/or waist in the auxiliary seating position may be used this way:
the passenger is seated on the backrest portion of the airplane seat may be used this way; and
the passenger's back is supported against the auxiliary backrest of the airplane suite may be used this way.
Lake does disclose that the seat is for a passenger of a vehicle but does not state that the vehicle is an aircraft and the seat is in an airplane suite.
However, Cantu teaches an aircraft with a passenger suite seat Fig. 3a. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by using the seat in an aircraft passenger suite as disclosed by Cantu. One of ordinary skill in the art would have been motivated to make this modification to use the seat and safety belt configuration of Lake in an aircraft to ensure safety of passengers in all reclining positions.
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For claim 16, Lake discloses the airplane suite of claim 12, but fails to disclose that the seat comprises a footrest portion actuable between:
a lowered state or configuration; and
a raised state or configuration, in which the footrest portion is adapted to support the passenger’s legs and/or feet.
However, Cantu teaches a footrest portion Fig. 11: 33 actuable between:
a lowered state or configuration Fig. 11: bottom; and
a raised state or configuration Fig. 11: top, in which the footrest portion is adapted to support the passenger’s legs and/or feet.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by including a footrest portion actuable as disclosed by Cantu. One of ordinary skill in the art would have been motivated to make this modification to provide a movable footrest for optionally providing a more relaxed position.
For claim 17, Lake discloses the airplane suite of claim 12, wherein, when actuated between the upright state or configuration and the reclined state or configuration, the backrest portion of the airplane seat moves independently of the primary belt restraint Fig. 1: components move independently; and
wherein the auxiliary belt restraint is coupled to the backrest portion of the airplane seat at least indirectly coupled with intermediate components.
In addition to the auxiliary belt being at least indirectly coupled to the backrest portion, it may optionally be directly connected as modified by Emmer below.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake (US 6224105 B1) in view of Cantu (US 6056239 A) and Emmer et al (DE 3741831 A1).
Emmer teaches an optional belt guide located on an upper region of a backrest for coupling an auxiliary belt restraint end of Para 0015 of applicant provided translation. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by including a belt guide for optionally coupling an auxiliary belt to a backrest portion as disclosed by Emmer. One of ordinary skill in the art would have been motivated to make this modification to “improve the belt guidance on the body of the seat occupant 20” (Para 0015 of translation of Emmer).
For claim 18, Lake discloses the airplane suite of claim 12, further comprising a suite shell as modified by Cantu, the shell is an aircraft suite shell.
For claim 19, Lake discloses the airplane suite of claim 18, wherein, when actuated between the upright state or configuration and the reclined state or configuration, the backrest portion of the airplane seat moves independently of the auxiliary belt restraint Fig. 1: components move independently; and
wherein the auxiliary belt restraint is coupled to the suite shell as modified, the belt is coupled to the suite shell (wall structure next to the seat).
For claim 20, Lake discloses the airplane suite of claim 18, but fails to disclose:
an auxiliary footrest coupled to the suite shell;
wherein the auxiliary footrest is adapted to support the passenger’s legs and/or feet.
However, Cantu teaches an auxiliary footrest Fig. 2: steps 61 coupled to the suite shell at least indirectly;
wherein the auxiliary footrest is adapted to support the passenger’s legs and/or feet able to be used by the passenger.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lake by including the auxiliary footrest as disclosed by Cantu. One of ordinary skill in the art would have been motivated to make this modification to provide steps for reaching the upper level of seats.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN N M ZOHOORI whose telephone number is (571)272-7996. The examiner can normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA J MICHENER can be reached on (571)272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN ZOHOORI/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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