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 of Species II in the reply filed on 06/16/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 06/16/26.
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.
Regarding claim 7, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim(s) 1-9 and 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olarte (11,026,515). Olarte shows the use of a seating system (100) for sports venues and auditoriums comprising: a plurality of chair models (8,10), each chair model including a seat (8) and a back (10), providing ergonomic support and comfort; support structures (6) for each chair model, configured to securely support the seat and back, and featuring attachment points for accessories to enhance functionality; a standardized assembly system (16,60) for all chair models, utilizing common tools, anchors, and installation methods, allowing interchangeable use of components to minimize inventory and reduce installation complexity; an installation mechanism (4) enabling rapid installation and redistribution of chair models, designed for efficient seating arrangement and maintenance; and a configuration system adaptable to both floor-mounted (Figs. 14-16) and elevated installations (Fig. 2), allowing easy adjustment to different venue layouts; wherein the seating system is designed for durability, recyclability, and safety, with features that facilitate easy cleaning and maintenance, enhancing user experience and operational efficiency in sports venues and auditoriums. Regarding claims 2-3, the chair models are ergonomically contoured to include integrated lumbar and gluteus support features (Figs. 1-3) and has a smooth surface design to allow easy cleaning. Regarding claims 7-8, the support structures include a recessed area (Fig. 24) configured to securely attach accessories (Fig. 24). The installation mechanism includes quick release connectors (24,34), regards to claim 9. Regarding claims 11-14, Olarte shows that the support structures are designed with adjustable mounting interfaces to adapt to different venue layouts, as shown in Figs. 10-16 and minimize the use of tools and parts. Regarding claims 15-16, Olarte teaches the support structures are configured to minimize vibration transfer between adjacent chairs (see col. 20 lines 65-67). Regarding claims 17-18, the chair models include structural adaptations to accommodate different seating hierarchies (Figs. 46A-46C) and support structure features and under-seat-arc concave surface (facing downwardly as shown in Fig. 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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August 26, 2026
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