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 4/27/2026 have been fully considered but they are not persuasive. Examiner holds that prior art US 4813693 A Lockard; Walter G. et al. teaches a bracket element 250, with a plurality of throughbores as seen in figure 2.
Drawings
1. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 221, 222 and 223. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
2. The drawings are objected to because They do not meet Standards for Drawings in 37 CFR 1.84 sections:
(u) Numbering of views. (1) The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Drawings do not contain a figure 8, but do have a figure A and B which is not an Arabic numeral after number 7.
Specification
3. The amendment filed 04/27/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Page 2,
Regarding paragraph [0014A], describes Fig. 3A as a “seat interface”. However, element 170 of the amended fig. 3A dated 04/27/2026, is contradicted in specification dated, 04/05/2024, paragraphs [0032-0034] which reads element 170 as a bracket. No other elements of the amended paragraph [0014A] are supported by the disclosure.
Regarding paragraph [0039], “having a major axis 222 and a minor axis 223” is not supported by the prior disclosure.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 7, 12, 23, 24 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.
Dependent claims not addressed above are rejected as being dependent upon a rejected base claim.
4. Claims 7 and 23, recites limitation "a tongue (element 220) configured for affixing relative to the base and having a second throughbore". It is unclear if the tongue has the second throughbore as there is no first throughbore for the tongue. Appropriate correction is required.
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, 12, 20-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4813693 A Lockard; Walter G. et al.
5. Regarding claim 1, Lockard teaches, Seat interface for a mobility apparatus comprising a base (see annotated fig. 2, base), rotatably mounted on a ground-engaging wheel , and a seat frame having an orientation relative to the base (element 24 and 26), comprising a bracket (element 250) having a plurality of throughbores configured for registering with a bore in the seat frame (fig. 2, element 250 mounts to frame element 24 and 26) whereby the seat frame can define a plurality of distances from the base while maintaining the orientation (col. 8 lines 9-12).
6. Regarding claim 7, Lockard teaches, seat interface of claim 1 further comprising: a rail (elements 22, 24, 26, 14, 16) interposed between said bracket and the base; and a tongue (element 220) and having a plurality of second throughbores configured for registering with a second bore in said rail whereby the seat frame can define a plurality of orientations relative to the base (col. 8 lines 6-12).
7. Regarding claim 12, Lockard teaches, seat interface of claim 7 wherein said rail has an end configured for pivoting relative to said tongue (fig. 7).
8. Regarding claim 20, Lockard teaches, seat interface of claim 1 further comprising: a rail interposed between said bracket and the base (elements 22, 24, 26, 14, 16); and a tongue (element 220) having a slot (element 226) configured for registering with a second bore in said rail; whereby the seat frame can define a plurality of orientations relative to the base (col. 8 lines 6-12).
9. Regarding claim 21, Lockard teaches, seat interface of claim 20 wherein said rail has an end configured for pivoting relative to said tongue (fig. 7).
10. Regarding claim 22, Lockard teaches, seat interface for a mobility apparatus comprising a base (see annotated fig. 2, base), rotatably mounted on a ground-engaging wheel (element 256), and a seat frame (element 24 and 26) having an orientation relative to the base, comprising a bracket (element 250) having a slot (element 252) configured for registering with a bore in the seat frame whereby the seat frame can define a plurality of distances from the base while maintaining the orientation (fig. 2).
11. Regarding claim 23, Lockard teaches, seat interface of claim 22 further comprising: a rail interposed between said bracket and the base (elements 22, 24, 26, 14, 16); and a tongue (element 220) having a plurality of throughbores configured for registering with a second bore in said rail (fig. 7); whereby the seat frame can define a plurality of orientations relative to the base (col. 8 lines 6-12).
12. Regarding claim 24, Lockard teaches, seat interface of claim 23 wherein said rail has an end configured for pivoting relative to said tongue (fig. 7).
13. Regarding claim 25, Lockard teaches, seat interface of claim 22 further comprising: a rail interposed between said bracket and the base (elements 22, 24, 26, 14, 16); and a tongue (element 220) having a slot (element 226) configured for registering with a second bore in said rail (fig. 7, element 22); whereby the seat frame can define a plurality of orientations relative to the base (col. 8 lines 6-12).
14. Regarding claim 26, Lockard teaches, seat interface of claim 25 wherein said rail has an end configured for pivoting relative to said tongue (fig. 7).
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 CINDI M. CURRY whose telephone number is (469)295-9296. The examiner can normally be reached 7:30-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua J. Michener can be reached at 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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/C.M.C/
Examiner
Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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