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 .
Claims 1-20 are pending.
Election/Restrictions
Claims 6-10, 14, 15, 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/9/26. The traversal is on the ground(s) that searching the three species would not present a serious search and/or examination burden. This is not found persuasive at least because upholstery springs are found in B60N 2/70 and pertinent subclasses, however, seat suspension devices and dampening means are found in B60N 2/50 and B60N 2/522 thereby requiring additional/different search and/or consideration.
The requirement is still deemed proper and is therefore made FINAL.
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, 3, 4, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Enomoto et al. (US 6929324) (“Enomoto”). Enomoto discloses a seat assembly comprising: a frame (figs. 1, 2: 14 and outer portion of 15); a seat bottom connected to the frame, the seat bottom comprising a rigid support structure (fig. 2: 16; Col. 3, lines 49-53: the straight wires are rigid and may be made wavy to provide resiliency) and a suspension (fig. 2: springs 21) extending between the frame and a periphery region of the rigid support structures; wherein, responsive to a user sitting at the seat assembly, the suspension flexes between the rigid support structure and the frame to accommodate movement of the rigid support structure relative to the frame.
As concerns claim 3, Enomoto discloses wherein the suspension comprises a plurality of springs (fig. 2: 21).
As concerns claims 4 and 18, wherein springs of the plurality of springs extend between the frame and the rigid support structure along opposing sides of the periphery region of the rigid support structure (as shown in fig. 2).
As concerns claim 16, Enomoto discloses a vehicle comprising: a seat assembly comprising: a frame (figs. 1, 2: 14 and outer portion of 15); a seat bottom connected to the frame, the seat bottom comprising a rigid support structure (fig. 2: 16; Col. 3, lines 49-53: the straight wires are rigid and may be made wavy to provide resiliency) and a suspension (fig. 2: springs 21) extending between the frame and a periphery region of the rigid support structures; wherein, responsive to a user sitting at the seat assembly, the suspension flexes between the rigid support structure and the frame to accommodate movement of the rigid support structure relative to the frame.
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.
Claim(s) 2, 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto in view of Prince et al. (US 6908159) (“Prince”). As concerns claims 2 and 17, Enomoto does not teach wherein the rigid seat support structure comprises an ergonomic shape. However, Prince teaches an ergonomic panel configured to contour to the user (fig. 46: 21), as is considered old and well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the rigid support structure of Enomoto to be an ergonomic panel in order to provide additional comfort to the user.
As concerns claim 11, Enomoto teaches a seat assembly comprising: a frame (figs. 1, 2: 14 and outer portion of 15); a seat bottom connected to the frame, the seat bottom comprising a rigid support structure (fig. 2: 16; Col. 3, lines 49-53: the straight wires are rigid and may be made wavy to provide resiliency) and a suspension (fig. 2: springs 21) extending between the frame and a periphery region of the rigid support structures; wherein, responsive to a user sitting at the seat assembly, the suspension flexes between the rigid support structure and the frame to accommodate movement of the rigid support structure relative to the frame.
Enomoto does not teach wherein the rigid seat support structure comprises an ergonomic shape. However, Prince teaches an ergonomic panel configured to contour to the user (fig. 46: 21), as is considered old and well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the rigid support structure of Enomoto to be an ergonomic panel in order to provide additional comfort to the user.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto in view of Colsanti et al. (US 5076643) (“Colsanti”). Enomoto does not teach wherein springs of the plurality of springs extend between the frame and the rigid support structure along four sides of the periphery region of the rigid support structure. However, Colsanti teaches a similar rigid panel support for a seatback having springs extending from all four sides of the periphery (fig. 1: 28). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide springs from an additional side of the support structure of Enomoto in order to provide the desired amount of flex/support to the seat.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto in view of Prince and further in view of Colsanti. Enomoto, as modified, does not teach wherein springs of the plurality of springs extend between the frame and the rigid support structure along four sides of the periphery region of the rigid support structure. However, Colsanti teaches a similar rigid panel support for a seatback having springs extending from all four sides of the periphery (fig. 1: 28). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide springs from an additional side of the support structure of Enomoto in order to provide the desired amount of flex/support to the seat.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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