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 .
Election/Restrictions
Claims 3-4, 6-7, 12-13, and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 May 26, 2026.
Applicant argues (remarks, p. 2) that “[t]he alleged species are directed to alternative
implementations of the same inventive concept”. However, examiner notes they are alternatives. The frame subassemblies consist of Species A and Species B. Species A requires the second frame member to reside within the interior space of the first frame member, and Species B requires the second frame member position atop and surrounding the top and lateral side of the first frame member. The diaphragms consist of Species D-I, D-II, D-III, and D-IV, see Requirement for Restriction filed on March 26, 2026 for further details.
Applicant further argues (Remarks, p. 2) that “Applicant respectfully traverses the species restrictions because the identified species are not patentably distinct.” As applicant has traversed on the ground that the species from which election is required are not patentably distinct, applicant is requested to confirm if this is an admission on the record that they are obvious variants.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, 8, 10-11, 14, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Lambert (US 2014/0265513 A1).
Regarding claim 1, Lambert discloses a seat row including at least two laterally adjacent seats (see at least two seats 1 in figs. 1 & 2), each seat comprising:
a seat pan assembly comprising:
a frame subassembly including a first frame member (seat frame side members 6, fig. 80) and a second frame member (subframe 19 and/or 95, figs. 39 & 79) rotatably coupled to the first frame member (Para. [0166]; see fig. 81), wherein the second frame member is configured to rotate between a first position residing with the first frame member (as shown in fig. 77) and a second position forward of the first frame member (as shown in fig. 80); and
a diaphragm subassembly including a first diaphragm (seat pan cushion backing plate 91, fig. 66) and a second diaphragm (extension backing plate 89, fig. 80), wherein the first diaphragm is attachable to the first frame member (as shown in fig. 66 & 71, the seat frame side member 6 is attachable to the seat pan cushion backing plate 91) and the second diaphragm is attachable to the second frame member (as shown in fig. 79, the extension backing plate 89 is attachable to the extension subframe 95);
a cushion assembly including first and second cushions (cushion 10 and extension cushion 90, fig. 71) configured to be positioned on the respective first and second diaphragms (as shown in figs. 71).
Regarding claim 2, Lambert discloses the invention in claim 1, and further discloses wherein, when the second frame member is in the first position, the second frame member is positioned within an interior space defined by the first frame member (as shown in fig. 77).
Regarding claim 5, Lambert discloses the invention in claim 1, and further discloses wherein: the first diaphragm (seat pan cushion backing plate 91, fig. 66) is attached to the second diaphragm (as shown in fig. 77, the backing plate 91 is attached to the extension backing plate 89 via interconnecting elements); the first diaphragm is folded on the second diaphragm when the second frame member is in the first position (as shown in figs. 77 & 80, the backing plate 91 is folded on the backing plate 89 when the subframe 95 is in the first position [i.e., the seat mode position]); and when the second frame member is in the second position (see deployed position in fig. 80), the first diaphragm is configured to unfold from the second diaphragm (as shown in figs. 77 & 80) and attach to the first frame member (as shown in figs. 77 & 80, the backing plate 91 is attached to the extension backing plate 89 via interconnecting elements).
Regarding claim 8, Lambert discloses the invention in claim 1, and further discloses wherein: the first and second frame members are substantially parallel in each of the first and second positions of the second frame member (as shown in figs. 77 & 80); the second frame member is rotatable about 180 degrees relative to the first frame member (as shown in figs. 77 & 80); and an axis of rotation of the second frame member is positioned at a forward end of the first frame member (as shown in fig. 80).
Regarding claim 10, Lambert discloses an economy class passenger seat row (figs. 1 & 2), comprising:
at least two laterally adjacent passenger seats (see at least two seats 1 in figs. 1 & 2), each passenger seat comprising:
a seat pan assembly including:
a frame subassembly including a first frame member (seat frame side members 6, fig. 80) and a second frame member (subframe 19 and/or 95, figs. 39 & 79) rotatably coupled to the first frame member (Para. [0166]; see fig. 81), wherein the second frame member is configured to rotate between a first position residing with the first frame member (as shown in fig. 77) and a second position forward of the first frame member (as shown in fig. 80); and
a diaphragm subassembly including a first diaphragm (seat pan cushion backing plate 91, fig. 66) and a second diaphragm (extension backing plate 89, fig. 80), wherein the first diaphragm is attachable to the first frame member (as shown in fig. 66 & 71, the seat frame side member 6 is attachable to the seat pan cushion backing plate 91) and the second diaphragm is attachable to the second frame member(as shown in fig. 79, the extension backing plate 89 is attachable to the extension subframe 95);
a cushion assembly including first and second cushions (cushion 10 and extension cushion 90, fig. 71) configured to be positioned on the respective first and second diaphragms (as shown in figs. 71);
wherein, when each second frame member is positioned in the first position, the economy class passenger seat row is configured for sitting (Para. [0166], “[w]hen in seat mode the deployable extension frame 83 is stored under the seat pan 2 as shown in FIG. 77); and
wherein, when each second frame member is positioned in the second position, the economy class passenger seat row forms a bed (Para. [0166], “[w]hen the seats are being converted to bed mode, the seat pan may pivot about a hinge 64 as shown in FIG. 77 located in a rearmost position on the seat pan 2 such that the front of the seat pan 2 may move in an upwards direction to allow the deployable extension frame 83 to rotate underneath the seat pan as shown in FIG. 78”; see the bed mode as shown in figs. 80 & 88).
Regarding claim 11, Lambert discloses the invention in claim 10, and further discloses wherein, when the second frame member is in the first position, the second frame member is positioned within an interior space defined by the first frame member (as shown in fig. 77).
Regarding claim 14, Lambert discloses the invention in claim 10, and further discloses wherein: the first diaphragm (seat pan cushion backing plate 91, fig. 66) is attached to the second diaphragm(as shown in fig. 77, the backing plate 91 is attached to the extension backing plate 89 via interconnected elements); the first diaphragm is folded on the second diaphragm when the second frame member is in the first position (as shown in figs. 77 & 80, the backing plate 91 is folded on the backing plate 89 when the subframe 95 is in the first position [i.e., the seat mode position]); and when the second frame member is in the second position (see deployed position in fig. 80), the first diaphragm is configured to unfold from the second diaphragm and attach to the first frame member (as shown in figs. 77 & 80, the backing plate 91 is attached to the extension backing plate 89 via interconnecting elements).
Regarding claim 17, Lambert discloses the invention in claim 10, and further discloses wherein: the first and second frame members are substantially parallel in each of the first and second positions of the second frame member (as shown in figs. 77 & 80); the second frame member is rotatable about 180 degrees relative to the first frame member (as shown in figs. 77 & 80); and an axis of rotation of the second frame member is positioned at a forward end of the first frame member (as shown in fig. 80).
Regarding claim 18, Lambert discloses the invention in claim 10, and further discloses further comprising at least three laterally adjacent passenger seats (as shown in fig. 77).
Regarding claim 19, Lambert discloses a seat row including at least two laterally adjacent passenger seats (see at least two seats 1 in figs. 1 & 2), wherein the seat row is convertible between at least two separate passenger seats and one bed (as shown in figs. 77, 80, and 88), wherein each passenger seat comprises:
a seat pan assembly comprising:
a frame subassembly including a first frame member (seat frame side members 6, fig. 80) and a second frame member (subframe 19 and/or 95, figs. 39 & 79) rotatably coupled to the first frame member (Para. [0166]; see fig. 81), wherein the second frame member is configured to rotate between a first position residing with the first frame member (as shown in fig. 77) and a second position forward of the first frame member (as shown in fig. 80); and
a diaphragm subassembly including a first diaphragm (seat pan cushion backing plate 91, fig. 66) and a second diaphragm (extension backing plate 89, fig. 80), wherein the first diaphragm is attachable to the first frame member (as shown in fig. 66 & 71, the seat frame side member 6 is attachable to the seat pan cushion backing plate 91) and the second diaphragm is attachable to the second frame member (as shown in fig. 79, the extension backing plate 89 is attachable to the extension subframe 95); and
a cushion assembly including first and second cushions (cushion 10 and extension cushion 90, fig. 71) configured to be positioned on the respective first and second diaphragms (as shown in figs. 71).
Regarding claim 20, Lambert discloses the invention in claim 19, and further discloses wherein, when the second frame member is in the first position, the second frame member is positioned within an interior space defined by the first frame member or atop the first frame member (positioned within an interior space defined by the first frame member chosen; as shown in fig. 77).
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.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambert (US 2014/0265513 A1), in view of Cope et al. (US 2022/0135231 A1), hereinafter Cope.
Regarding claim 9, Lambert discloses the invention in claim 1, but does not appear to specifically disclose at least one adjustable strap configured to secure between the second frame member and a forward seat row to support a forward end of the second frame member when the second frame member is in the second position.
However, Cope is in the field of a rest mat (Abstract) and teaches an adjustable strap configured to secure between the [second member] and a forward seat row to support a forward end of the [second member] when the [second member] is in the second position (see Para. [0045]; as shown in fig. 1, the connecting portion 108 is secured between a forward end of the second mat portion 104 and a forward seat row).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lambert such that there was an adjustable strap (i.e., the connecting portion 108) secured between a forward seat row and the second member as taught by Cope, in order to help support the weight of the second member. As a result of the above modification, the adjustable strap of Cope would be added to the second frame member and the forward seat row of Lambert.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: see PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA ALEKSIC whose telephone number is (571)272-1659. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571)272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.A./Examiner, Art Unit 3647
/Richard Green/Primary Examiner, Art Unit 3647
Prosecution Insights