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.
Specification
The substitute specification filed 6/22/2026 has not been entered because it does not conform to 37 CFR 1.125(b) and (c) because the applicant did not comply with 37 CFR 1.125 (c) by providing a marked up copy showing all of the changes.
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 1-6 are 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.
Regarding claim 1, 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 “an angle β between the seat frame mounting surface and the ground being 28° - 50°”, and the claim also recites “when 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. See a suggested amendment in the Response to Amendment section below.
Regarding claim 4, it is unclear if “a plurality of side plates” is meant to be different from, or that of the same as, the “side plate” from claim 1. See a suggested amendment in the Response to Amendment section below.
Response to Amendment
The rejection to claim 1, under 35 U.S.C. 112(b), is maintained due to the broad limitation followed by the narrow limitation within the same claim still being present. It is suggested that the narrow limitation is canceled in claim 1 or canceled in claim 1 and rewritten as a new dependent claim.
Regarding claim 4, there had previously been an antecedent basis issue due to the original claim 1 claiming “a side plate” and the original claim 4 mentioning, plurally, “the side plates”. As currently amended, “the side plates” of claim 4 to be “a plurality of side plates” creates uncertainty as to whether or not the side plates of claim 4 are the same as the side plate of claim 1. If the side plates of claim 4 are meant to be the same as the side plate of claim 1, but plural, it is suggested that claim 4 is amended to state:
“The seat extension device for providing a zero gravity attitude according to claim 3, wherein the side plate comprises a plurality of side plates, wherein the plurality of side plates are hinged with the other ends of the third foot rod and the fourth foot rod, and the plurality of side plates are hinged with the backrest and a plurality of mounting guards.”
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended 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.
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.
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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