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 .
Claims 1-6, 8-10, 12-16 and 19-24 are pending.
Claims 2-4, 6-10 and 19-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/3/26. Applicant's election with traverse is acknowledged. The traversal is not provided with any additional arguments or reasoning and as such is found not persuasive. Additionally, Applicant’s claim election is not entirely commensurate with the preliminary amendments to claims. Examiner left a voicemail with Applicant’s representative, Darrell Hollis, on 8/19/26, but no response has been received. As such, claims 1, 5 and 12-16 will be examined based on the elected Species.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second moving mechanism comprising a second guide rail and the flap comprising a second lug of claim 15 and the ball joint enabling the flap to be moved only over an angle of 0-30 degrees must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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, 5, 12 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumiya (US 5628547). Matsumiya discloses a passenger seat for a transport vehicle, which seat comprises a vertical portion (fig. 9: 42) and a horizontal portion (fig. 9: 46) mounted on a support frame (fig. 9: 10), which horizontal portion comprises a rear edge located at the edge of the vertical portion and a front edge located on the opposite side to that of the rear edge (shown in fig. 9), which support frame delimits a free space under the horizontal portion, the horizontal portion is mounted on a first moving mechanism (at least element 48) arranged to enable the whole of the horizontal portion to be tilted such that a front edge that the front edge descends relative to the vertical portion (fig. 11), wherein said first moving mechanism comprises a locking device to prevent unwanted horizontal movement (Col. 5, lines 10-15).
As concerns claim 5, Matsumiya discloses wherein the locking device can be unlocked via direct manual action (Col. 5, lines 10-15), remotely, and/or via computer means.
As concerns claim 12, Matsumiya discloses wherein the passenger seat comprises a flap (fig. 10: 50) which is mounted on a second moving mechanism (as shown in figs. 1 and 2) arranged to enable the flap to be moved between a first storage position (fig. 1) and a second storage position where the flap extends as a continuation of the front edge so as to support the lower legs of a passenger sitting on the seat (fig. 3).
As concerns claim 13, Matsumiya discloses wherein the first storage position corresponds to a position where the flap is located under the horizontal portion of the seat (fig. 1).
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kan-chee (US 5058954). Kan-chee discloses a passenger seat for a transport vehicle, which seat comprises a vertical portion (fig. 1: 3) and a horizontal portion (fig. 1: 2) mounted on a support frame (fig. 1:1), which horizontal portion comprises a rear edge located at the edge of the vertical portion and a front edge located on the opposite side to that of the rear edge (shown in figs. 1-3), which support frame delimits a free space under the horizontal portion, the horizontal portion is mounted on a first moving mechanism (at least elements 7, 8 , 11, 12) arranged to enable the whole of the horizontal portion to be tilted such that a front edge that the front edge descends relative to the vertical portion (figs. 1-3), wherein said first moving mechanism comprises a locking device (fig. 1: 12) to prevent unwanted horizontal movement
As concerns claim 5, Kan-chee discloses wherein the locking device can be unlocked via direct manual action (Col. 4, lines 13-15).
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) 12, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kan-chee (US 5058954) in view of Cordes et al. (WO 2018/172045) (“Cordes”). Kan-chee does not teach wherein the passenger seat includes a flap mounted on a second moving mechanism. However, Cordes teaches a flap (fig. 3: 20b) which is mounted on a second moving mechanism (at least portion 22 on axis S1) arranged to enable the flap to be moved between a first storage position (fig. 2: dark line) and a second storage position where the flap extends as a continuation of the front edge (fig. 2: shaded line) so as to support the lower legs of a passenger sitting on the seat. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide a flap in order to provide additional comfort to the user in the tilted position.
As concerns claim 14, Kan-chee, as modified, teaches wherein the first storage position corresponds to a position where the flap is located under the front edge and forms an angle of between 45 and 90 degrees with the horizontal position (as shown in fig. 3).
As concerns claim 16, Kan-chee, as modified, teaches wherein the second moving mechanism is a pivot joint, but does not teach wherein the second moving mechanism is a self-locking ball joint. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to try a locking ball joint, as is considered old and well known in the art, as a simple substitution of known parts in order to provide the desired movement.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsumiya in view of Kufel. Matsumiya does not teach wherein the second moving mechanism comprises a second guide rail and in that the flap comprises a second lug which extends into the second guide rail. However, Kufel teaches a flap/footrest (fig. 1: 17) which slides into and out from underneath the seat having a second moving mechanism which comprises a guide rail and lug (fig. 5: 19 and 20 have lug projections which slide along rails 26, 27). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to use a rail/lug moving mechanism for the flap in order to provide an economical movement means for the flap.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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