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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 driver, claimed in claim 5, must be shown or the feature canceled from the claims. 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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the driver as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
Specification
The disclosure is objected to because of the following informalities:
On page 5, line 20, the use of “both” is not clear because the list of parts preceding the word “both” contains more than two parts and it is unclear if only the final two parts are hinged with a side plate or if the word “all” is the correct word to include all three parts.
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 1-7 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.
Claim 1 recites the limitations:
"the seat structure" in the fourth line of the claim,
"the backrest" in the fifth line of the claim,
"the angle β" in the tenth line of the claim, and
"the backrest angle α" in the twelfth line of the claim.
There is insufficient antecedent basis for these limitations in the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “the angle β between the seat frame mounting surface and the ground being 28
°
- 50
°
”, and the claim also recites “the angle β between the seat frame mounting surface and the ground is 30
°
” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 3 recites the limitations:
"the fifth foot rod" in the third line of the claim,
"the first foot rod" in the fourth line of the claim,
"the second foot rod" in the fourth line of the claim, and
"the fourth foot rod" in the last line of the claim.
There is insufficient antecedent basis for these limitations in the claim.
Claim 4 recites the limitations:
"the side plates" in the second line of the claim, and
“seat frame mounting guards” in the last line of the claim.
There is insufficient antecedent basis for these limitations in the claim.
Claim 5 recites the limitation "the driver" in the fifth line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6, dependent on claim 5, introduces “a rear support”, “a fourth link”, “a first link”, “a fifth link”, “a third link”, and “a fourth link”, and “a front support”. It is unclear whether the stated elements are referring to entirely new elements or the elements of the same name from claim 5. For examination purposes, it is assumed that these elements are the same as the elements from claim 5.
Claims 2 and 7 are dependent on the clarity of claim 1, and are therefore rejected under 35 U.S.C. 112(b) as well.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN-113907551-A).
Li discloses a seat extending device capable of providing zero gravity posture and seat bracket. Figures 1 and 2 from Li’s disclosure in Image 1 below includes alphabetic leaders pointing to specific elements relevant for the examination.
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Image 1
Claim 1 – Li teaches a seat extension device for providing a zero gravity attitude (Image 1), comprising:
a support structure (element 12 in Image 1);
a footrest structure comprising a large footrest (element A in Image 1), a small footrest (element 5 in Image 1) and a first link assembly, wherein the footrest structure is connected to the seat structure by the first link assembly;
a seat structure connected to the support structure and the backrest by a connection structure, wherein the connection structure comprises a linkage assembly and a second link assembly; the seat structure comprises a side plate (element 14 in Image 1) provided with a seat frame mounting surface (element B in Image 1) for mounting a seat frame (“seat frame mounting surface for mounting the seat frame” in paragraph 15 of the Contents of the Invention);
a backrest (element 111 in Image 1) hinged to the side plate;
when the seat extension device is in a zero gravity attitude, the angle β between the seat frame mounting surface and the ground being 28°-50° (“the included angle alpha between the seat frame mounting surface and the horizontal plane is 27 degrees to 32 degrees when the seat extending device is in the zero gravity posture” in claim 11); when the angle β between the seat frame mounting surface and the ground is 30°, the backrest angle α formed between the backrest and the ground being 21°; and a vertical distance H between a highest point of the large footrest and a highest point of the backrest being 380 mm (“when the seat extending device is in zero gravity posture, the height difference of the highest point of the second leg member and the highest point of the back mechanism in the vertical direction is 200mm-450mm” in the abstract).
Claim 2 – Li teaches the support structure comprises a front support (element C in Image 1), a rear support (element D in Image 1), and a bottom foot (element 121 in Image 1), the front support and the rear support are both hinged with the bottom foot.
Claim 3 – Li teaches first link assembly comprises a sixth foot rod (element E in image 1), the large footrest is hinged with the sixth foot rod, the sixth foot rod is hinged with the fifth foot rod (element 4 in Image 1), the fifth foot rod is hinged with one end of the first foot rod (element 6 in Image 1) and the second foot rod (element 2 in image 1), the first foot rod and the second foot rod are both hinged with the small footrest (element 5 in Image 1), the other end of the first foot rod is hinged with one end of a third foot rod (element 3 in image 1), the third foot rod is hinged with the second foot rod, and the second foot rod is hinged with one end of the fourth foot rod (element 1 in Image 1).
Claim 4 – Li teaches the side plates (element 14 in image 1) are hinged with the other ends of the third foot rod (element 3 in Image 1) and the fourth foot rod (element 1 in Image 1), and the side plates are hinged with the backrest (element 111 in Image 1) and seat frame mounting guards (elements 141 and F in Image 1).
Claim 5 – Li teaches the second link assembly comprises a first link (element 112 in image 1), a second link (element G in Image 1), a third link (element H in Image 1), a fourth link (element I in Image 1), and a fifth link (element J in Image 1) and a sixth link (element K in Image 1), wherein the first link is hinged with the backrest (element 111 in Image 1), one end of the fifth link and the sixth link are hinged with the fourth foot rod (element 1 in Image 1), the sixth link is hinged with one end of a rotating member (element L in Image 1), the rotating member is connected to the driver (element 126 in Image 1), the fifth link is hinged with one end of the second link, the other end of the second link is hinged with a chute member (element M in Image 1), and the chute member is hinged with the side plate (element 14 in Image 1).
Allowable Subject Matter
Claims 6 and 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:00 AM - 2:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID DUNN can be reached at (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636