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 .
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, 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuji Kiko (S6277031). The reference to Fuji Kiko teaches structure as claimed including a seat frame comprising: a cushion part supporting (19) a cushion; a height-adjusting part (27) installed on a lower side of the cushion part and adjusting a height of the cushion part via a plurality of rotating links (20, 21); a rotating part (13) installed below the height-adjusting part and rotating the height-adjusting part and the cushion part; and a reinforcing bracket part (4a, 4b) coupled to a lower side of the rotating part, reinforcing the rotating part, and installed across a pair of rails of a rail part disposed on a lower side and spaced apart from each other (at least fig 1), the height-adjusting part includes, a first link (20) connecting the rotating part and the cushion part at a front portion; and a second link (20) connecting the rotating part and the cushion (fig 3) part at a rear portion.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuji Kiko (S6277031) as applied to the claims above, and further in view of Kiyokazu (JPH11198692). The reference to Fuji Kiko teaches structure substantially as claimed as discussed above including a rotating part the only difference being that the rotating part does not include specific plates to provide the connections. However, the reference to Kiyokaza teaches a rotating part including a fixing plate (lower plate 1) arranged on the lower side, a base plate (set plate 8) joined to the upper side of the fixing plate, and a rotating plate (upper plate 8) rotatably provided between the fixing plate and the base plate (at least Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Fuji Kiko with a reasonable expectation of success, to include a rotating part, as taught by Kiyokazu since such are conventional alternative structures used in the same intended purpose and environment and would have been a reasonably predictable result, thereby providing structure as claimed. In regard to claim 4, Fuji Kiko teaches that the rotating portion further includes a connecting bracket (flange 12a, bracket 30) in which one side is connected to the upper side of the rotating plate and the other side is connected to the first link and the second link (at least fig 3).
Allowable Subject Matter
Claims 5-13 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited teach structure similar to applicant’s including seat structure having angular and height adjustment structures with reinforcing structures.
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/JOSE V CHEN/ Primary Examiner, Art Unit 3637