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 .
This is the first Office Action for the serial number 18/752,485, AIRCRAFT SEAT, filed on 6/24/24.
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on 2/6/26 is acknowledged.
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.
Claim 9 is 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 9, line 1, “a spine linked to the motor” is indefinite because it is not clear what exactly is the spine and where it is located in the seat.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over UK Patent Application GB 2560996 to Harcup in view of DE 102023120202 to Legh.
Harcup an adjustable aircraft seat comprising a plurality of contoured seat components (figure 2) including a seat bottom (6), a seat back (7), a leg rest (9) and armrests (8-1, 8-2). The seat includes a frame (5) configured to support the seat bottom, seat back, leg rest and armrests via each respective base portion. The seat includes a motor (electromechanical actuator, page 10, line 13) mounted on the frame and a mechanical linkage (figures 6-7) operatively coupling the motor with components of the frame such that operation of the motor moves the seat bottom, seat back, leg rest and armrests simultaneously, wherein the adjustment of the aircraft seat by the motor occurs through a single joint pivotally coupled to the mechanical linkage. Wherein the contoured seat components and the frame each posses left-right symmetry such that inboard and outboard portions of the aircraft seat are indistinguishable. The seat comprises a controller (included in the electromechanical actuator, page 10, line 13) configured to send commands to the motor to adjust the seat by adjusting the mechanical linkage. Wherein the motor, mechanical linkage and the single joint are configured to move the aircraft seat to a pre-defined seating position based on a selection received via controller (included in the electromechanical actuator, page 10, line 13). Wherein one of the pre-defined seating positions configures the seat into a position which supports a neutral body posture.
Harcup teaches the components but fails to teach each components comprise a cushioned portion mounted on a base portion. Legh teaches each components comprise a cushioned portion (line 17 under “Description”) to provide a relief. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the cushioned portion to all of the components to improve seating comfort.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Harcup in view of Legh and in further view of US Patent # 11,401,038 to Warwick et al.
Harcup teaches the base portions and the frame but fails to teach the base portions and the frame comprise a lightweight rigid material. Warwick et al. teaches the lightweight rigid material (sheet metal, column 6, lines 20-21). 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 Harcup’s base portions and the frame with lightweight rigid material as taught by Warwick et al. to “reduce the cost and weight of the seat frame” (column 6, lines 20-21 in Warwick et al.’s invention).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Harcup in view of Legh and in further view of US Patent # 11,772,532 to Lovett.
Harcup teaches the cushioned portion of the seat back but fails to teach the cushioned portion comprises a relief and memory foam. Lovett teaches the relief (memory foam, column 2, line 63-64). 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 Harcup’s cushioned portion with memory foam as taught by Lovett to “bring a user an exceptional stability and support without pressure applied to a tailbone (see abstract in Lovett’s invention).
Allowable Subject Matter
Claim 9 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.
The prior arts fail to teach all of the limitations from claims 1 and 6-7 especially with “a spike linked to the motor such that the motor reclines the spine at the single joint to engage the mechanical linkage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent # 11,401,038 to Warwick et al.
Warwick et al. teaches the adjustable aircraft seat.
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ALFRED J. WUJCIAK
Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 2/24/26