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 Objections
Claim 2 is objected to because of the following informalities: the word "plate" is misspelled, in line 4. Appropriate correction is required.
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 8-20 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.
Claim 8 recites the limitation "the extension plate" in line 5. There is insufficient antecedent basis for this limitation in the claim. Consequently, it is unclear if this recitation is in error (and should have recited extension mechanism) or if this recitation was intended to further define the structure (with the inclusion of an extension plate).
Claim 18 recites the limitation "the extension plate" in line 5. There is insufficient antecedent basis for this limitation in the claim. Consequently, it is unclear if this recitation is in error (and should have recited extension mechanism) or if this recitation was intended to further define the structure (with the inclusion of an extension plate).
Claims 9-17 and 19-20, being dependent upon an indefinite claim in the above rejection(s), is/are indefinite.
In light of the above rejections, the claims have been further treated on the merits as best understood.
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) 8, 14 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoge (DE 10-2006-011994).
Claim 8, as best understood- Hoge shows an extendible armrest for a seat structure, comprising:
a pivot mechanism (12, 28, 34) configured to be fixed to the seat structure (the figures show a bracket 12 fixed to the seat’s backrest 8 and including pivot points 28, 34);
an extension mechanism (30) pivotally connected to the pivot mechanism (figs. 2-3); and
an armrest (14) pivotally mounted to the pivot mechanism (via pivot point 18) and extendibly mounted to the extension mechanism (via pivot point 32);
wherein the armrest (14) is pivotable from a stowed position (fig. 1) to a first deployed position (fig. 2) and extendible (via link 30) from the first deployed position to a second deployed position (fig. 3) forward of the first deployed position (fig. 3 shows that the forward end of the armrest 14 is closer to the forward end of the sitting cushion 6, than it is in fig. 2).
Claim 14- Hoge shows the extendible armrest for a seat structure according to claim 8, wherein the seat structure includes a recess (10) in which the armrest is stowed (the figures show the seat structure includes a backrest 8 with the recess 10).
Claim 18, as best understood- Hoge shows an extendible armrest for a seat structure, comprising:
a pivot mechanism (12, 28, 34) configured to be fixed to the seat structure (the figures show a bracket 12 fixed to the seat’s backrest 8 and including pivot points 28, 34);
an extension mechanism (30) pivotally connected to the pivot mechanism (figs. 2-3); and
an armrest (14) pivotally mounted to the pivot mechanism (via pivot point 18) and extendibly mounted to the extension mechanism (via pivot point 32);
wherein the armrest (14) is pivotable from a stowed position (fig. 1) to a first deployed position (fig. 2) and extendible (via link 30) from the first deployed position to a second deployed position (fig. 3) forward of the first deployed position (fig. 3 shows that the forward end of the armrest 14 is closer to the forward end of the sitting cushion 6, than it is in fig. 2);
and wherein the seat structure includes a recess (10) in which the armrest is stowed (the figures show the seat structure includes a backrest 8 with the recess 10).
Allowable Subject Matter
Claims 1 and 4-7 are allowed.
Claims 2 and 3 would be allowable if rewritten to overcome the objection(s) set forth in this Office action.
Claims 9-13, 15-17 and 19-20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636