DETAILED ACTION
The following action is in response to the election and amendment filed for application 18/660,556 on May 26, 2026.
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
Claim 6-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 26, 2026.
35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Claim limitation “means for controlling movement of the swivel latch” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means for” coupled with functional language “controlling movement of the swivel latch” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The means for controlling movement of the swivel latch has been interpreted as a controller as set forth in paragraph 27 of the specification.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 18-20 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: The means for controlling movement of the swivel latch has been interpreted as a controller as set forth in paragraph 27 of the specification.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by VanMiddendorp (US 8827345 from IDS). With regard to claim 18, VanMiddendorp teaches an occupant support for a vehicle, the occupant support comprising: a seat foundation 74 fixed in position relative to a floor 70 of the vehicle, a seat cushion 78 adapted to support an occupant above the floor of the vehicle, and a cushion swivel system configured to control pivotable movement of the seat cushion relative to the seat foundation about a pivot axis, the cushion swivel system comprising: a swivel catch 202, a swivel latch 200 movable relative to the swivel catch between a locked position engaged with the swivel catch to block rotation of the seat cushion about the pivot axis and an unlocked position separated from the swivel catch so that the seat cushion is free to pivot about the pivot axis, and a latch control system configured to provide means for controlling movement of the swivel latch 24: (i) from the locked position to the unlocked position in response to receipt of a first command (Col. 17, lines 12-24), and (ii) from the unlocked position to the locked position in response to receipt of a second command (Col. 17, lines 33-37) to cause the swivel latch to remain in the unlocked position while that vehicle is in motion (see explanation below) so that the occupant is free to pivot about the pivot axis with the seat cushion after receipt of the first command and before receipt of the second command without manually separating the swivel latch from the swivel catch.
Please Note: although VanMiddendorp mentions that “the operator may be prohibited from swiveling the operator seat when the transmission is engaged and the machine is being driven forward (Col. 9, lines 52-54), this is not a definitive control. Also, as claimed, the latch may have been unlocked with the vehicle at rest and then began motion before reaching a designated end point. Therefore, the latch would remain unlocked while the vehicle is in motion.
Allowable Subject Matter
Claims 1-5 and 13-17 are allowed.
Claims 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the occupant support for a vehicle as claimed, and particularly including a swivel catch coupled to the seat foundation in a fixed position relative to the seat foundation, a swivel latch coupled to the seat cushion for pivotable movement with the seat cushion, and a latch control system configured to control movement of the swivel latch between a locked position engaged with the swivel catch to block rotation of the seat cushion about the vertical axis, and an unlocked position separated from the swivel catch so that the seat cushion is free to pivot about the vertical axis, wherein the latch control system includes an actuator unit coupled with the swivel latch and configured to move the swivel latch from the locked position to the unlocked position, a latch retainer configured to engage the swivel latch in the unlocked position to block movement of the swivel latch from the unlocked position to the locked position, and an actuator control unit including an interface configured to receive user inputs and a controller configured to output: (i) a first command to at least one of the actuator unit and the latch retainer in response to a first user input to the interface to cause the actuator to move the swivel latch from the locked position to the unlocked position, and (ii) a second command to at least one of the actuator unit and the latch retainer in response to a second user input to the interface to cause the latch retainer to release the swivel latch so that the swivel latch can return to the locked position, and including the remaining structure and controls of claim 1. The present invention also particularly includes the support wherein the latch control system includes an actuator unit coupled with the swivel latch and configured to move the swivel latch from the locked position to the unlocked position, a latch retainer configured to engage the swivel latch in the unlocked position to block movement of the swivel latch from the unlocked position to the locked position, and an actuator control unit including an interface configured to receive user inputs and a controller configured to output one or more commands to cause movement of the actuator unit and the latch retainer to lock and unlock the swivel latch, and including the remaining controls and structure of claim 13. The present invention also particularly includes the support wherein the latch control system includes an actuator unit coupled with the swivel latch and configured to move the swivel latch from the locked position to the unlocked position and a latch retainer configured to engage the swivel latch in the unlocked position to block movement of the swivel latch from the unlocked position to the locked position, and including the remaining structure and controls of claim 19. Claim 20 depends on claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (CN113370855A) has been cited to show a similar occupant support comprising: a seat cushion 210, a seat foundation 110, a swivel catch 220, a swivel latch 161, an actuator 130, and a latch retainer (reset spring) that is configured to engaged the latch in the locked position.
Hoshihara (US 5941498) has been cited to show a similar occupant support comprising: a seat foundation 5, a swivel catch 14, a swivel latch 13, an actuator 12, and a latch retainer 20 that is configured to engaged the latch in the locked position, and actuator controls (Col. 3).
Billger (US 7121608) has been cited to show a similar occupant support comprising: a seat cushion 52, a seat foundation 33, a swivel catch (Fig. 2), a swivel latch (Fig. 2), an actuator 82, and actuator controls (Figs. 11-12).
Wynkoop (US 10072394) has been cited to show a similar occupant support comprising: a seat cushion 32, a seat foundation 60, a swivel catch 92, a swivel latch 66, an actuator 70, and actuator controls (Fig. 7).
Baker (US 20250137229) has been cited to show a similar occupant support comprising: a seat cushion 12, a seat foundation 13, a swivel catch 18, a swivel latch 20, an actuator 32, and a latch retainer 70 that is configured to engaged the latch in the locked position, and actuator controls (Col. 3).
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
June 18, 2026
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