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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 28 October 2025 is acknowledged.
Claims 18-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 28 October 2025.
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.
Claim(s) 1-7, 10, 11, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pennec (FR 3107864; copy and machine translation attached).
Regarding claim 1, Pennec discloses a seating apparatus comprising: a seat (33) having a seatback (60) and a base (55) that is foldable against the seatback to accommodate a person with reduced mobility (PRM) device (see at least Figure 1 showing seats both folded and lowered as well as the bottom half of the third page of the translation through the beginning of the fourth page describing the seat folding and wheelchair accommodation, the wheelchair viewed as a PRM device); and a console (40, or at least 85 and/or 90) adjacent to the seat, wherein at least a portion of the console is vertically adjustable with respect to the seatback to enable use of the console from the PRM device when the PRM device is positioned proximate to the seatback (members 85, 90 of 40 are vertically adjustable to provide such function; note that at the very least, the pivoted arrangement – see description in the second half of page 5 of the translation – provides some vertical adjustment of 85 as well as full vertical adjustment of 90).
Regarding claim 2, Pennec further discloses the console is a center console positioned between the seat and an adjacent seat having another seatback and another base (see Figure 1 showing a central 40 between seats 33).
Regarding claim 3, Pennec further discloses the center console comprises: an outboard half that includes a first feature (at least a surface of 80) and is configured to be fixed in place for the adjacent seat, and an inboard half that includes a second feature (at least a surface of 90 for instance) and is configured to be vertically adjustable for an access to the second feature from the PRM device when the PRM device is positioned proximate to the seatback (the device would be capable of such function; note that outboard and inboard could be relative to a user and/or other frame of reference).
Regarding claim 4, Pennec further discloses the PRM device is a wheelchair (as noted above).
Regarding claim 5, Pennec further discloses each of the first feature and the second feature is one or more of: a tray table, a video monitor, an armrest, a cup holder, a magazine holder, a book holder, or media controls (the surfaces would at least be viewed as tray tables).
Regarding claim 6, Pennec further discloses the console comprises: an outboard half that includes a first feature (at least a surface of 80) and is configured to be fixed in place, and an inboard half that includes a second feature (at least a surface of 90 for instance) and a console adjustment mechanism (85 and/or associated hinge) that is configured to vertically adjust the inboard half with respect to the PRM device for accessing the second feature from the PRM device when the PRM device is positioned proximate to the seatback (the device would be capable of such function; note that outboard and inboard could be relative to a user and/or other frame of reference).
Regarding claim 7, Pennec further discloses the console adjustment mechanism is configured to lower or raise the inboard half for accessing the second feature from the PRM device (this is the general manner of operation).
Regarding claims 10 and 11, Pennec further discloses the seat is adjustable between a first position to accommodate seating of a passenger in a vehicle or aircraft and a second position to accommodate a PRM passenger in the PRM device in the vehicle or aircraft (much as explained above; note that use in an air plane is disclosed near the end of the second page of the translation).
Regarding claim 15, Pennec discloses a seating apparatus comprising: a seat (33) having a seatback (60) and a base (55) that is foldable against the seatback to accommodate a person with reduced mobility (PRM) device (see at least Figure 1 showing seats both folded and lowered as well as the bottom half of the third page of the translation through the beginning of the fourth page describing the seat folding and wheelchair accommodation, the wheelchair viewed as a PRM device); and a console (40) adjacent to the seat and including: an outboard half (at least 80) configured to be fixed in place, and an inboard half (at least 85 and/or 90) configured to be vertically adjustable (members 85, 90 are vertically adjustable to provide such function; note that at the very least, the pivoted arrangement – see description in the second half of page 5 of the translation – provides some vertical adjustment of 85 as well as full vertical adjustment of 90) to be accessible from the PRM device when the PRM device is positioned proximate to the seatback (the device would be capable of such function; note that outboard and inboard could be relative to a user and/or other frame of reference).
Regarding claim 16, Pennec further discloses the inboard half further includes: a console adjustment mechanism (85 and/or associated hinge) configured to move the inboard half between a first position to accommodate seating of a user and a second position to provide access to the console for the user in the PRM device (this is the general manner of operation).
Regarding claim 17, Pennec further discloses the outboard half includes a first feature (at least a surface thereof) accessible by the user and the inboard half includes a second feature (at least a surface thereof) accessible by the user in the second position.
Regarding claim 18, Pennec further discloses the PRM device is a wheelchair (much as explained above) and each of the first feature and the second feature is one or more of: a tray table, a video monitor, an armrest, a cup holder, a magazine holder, a book holder, or media controls (the surfaces would at least be viewed as tray tables).
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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pennec in view of Dowty et al. (US Patent Number 10870489). Pennec discloses an apparatus as explained above but does not disclose specifics of the console adjustment mechanism. Dowty discloses a related device including a console adjustment mechanism includes: a rail (104); a carriage (102) that is configured to move along the rail to raise or lower a portion of a console (attached to 102) while another (40 for instance) remains fixed in place; a belt (112, which is viewed as such) that is configured to pull the carriage along the rail; and at least one pulley (110 or 114 for instance) configured to rotate and cause the belt to slide (i.e. 112 slides to drive the arrangement to a raise position), wherein the console adjustment mechanism further includes: a spring (of 110; see at least the paragraph bridging columns 5 and 6) that is attached to the carriage and configured to provide a lift assist in raising the portion (this is the general manner of operation). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a console adjustment mechanism as taught by Dowty in Pennec’s apparatus because this could improve comfort, convenience, and support for various users.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pennec in view of Ishihara et al. (US Patent Number 10427573). Pennec discloses an apparatus as explained above but does not disclose a headrest. Such are well-known as shown by Ishihara who discloses an adjustable headrest for a vehicle seat that is configured to move horizontally with respect to the seat to accommodate a passenger, wherein the adjustable headrest includes a self-contained mechanism (front-back locking mechanism) for moving the adjustable headrest forward and aft with respect to the seat, wherein the self-contained mechanism includes: a pair of stop blocks (at ends of 11 for instance) configured to lock the adjustable headrest in a particular position; a lever (at least 13) that is configured to release the pair of stop blocks for horizontally moving the adjustable headrest with respect to the seat; and a ratcheting mechanism (at 10) having a plurality of teeth and at least one slider (71) that moves up and down along the plurality of teeth for securing the adjustable headrest at the particular position. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a headrest as taught by Ishihara in Pennec’s apparatus because this could improve comfort, safety, and support for various users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it provides examples of related seating devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636