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 .
This non-final Office action is in response to Applicant’s patent application number 18/802,778 filed on 8/13/2024.
Currently, claims 1-20 are pending and examined.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 7/5/2024. It is noted, however, that applicant has not filed a certified copy of the application 2024109057314 as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/10/2025 is being considered by the examiner.
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 12-13 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.
Re claim 12, line 9; a phrase “their” renders the claim indefinite and confusing because it’s unclear whether “their” referring to which structure? Clarification is required. Claim 13 depending upon the rejected claim 12 is also rejected.
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.
Claim(s) 1-7 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 3,761,124 to Welk et al. (‘Welk’).
Re claim 1: Welk discloses a seat assembly 1 comprising: a base 4; a back 3 defining an opening 12 extending through the back 3; and a leg rest assembly mounted to the back 3, the leg rest assembly including a panel 11 rotatable between a stowed position and a deployed position, in the stowed position the panel 11 is within the opening 12, and in the deployed position the panel 11 is rotated in a forward direction (Fig. 1) from the stowed position toward the base 4 to expose the opening 12 and provide a leg rest for a person's leg extending through the opening 12 (col. 4, lines 17-18).
Re claim 2: wherein the seat assembly 1 is configured as an automobile assembly (see Abstract).
Re claim 3: wherein in the deployed position (Fig. 1) a bottom surface of the panel 11 faces the base 4 and a top surface of the panel is configured to support the person's leg (col. 4, lines 17-18).
Re claim 4: wherein the leg rest assembly 1 includes: a first bracket and a second bracket (near wherein 17 points to on each side of the seat assembly) mounted to the back 3; and a support member 13 mounted to the first bracket and the second bracket (Fig. 3), the panel 11 is rotatably mounted to the support member 13.
Re claim 5: wherein the support member 13 is a rod (col. 4, line 21) extending between the first bracket and the second bracket (Fig. 3).
Re claim 6: further comprising a hinge 13’ (col. 4, line 21) that mounts the panel 11 to the support member 13 (Fig. 3).
Re claim 7: wherein the hinge 13’ includes a first portion mounted to the support member 13 and a second portion mounted to the panel 11, the second portion extends from the first portion at an angle (Fig. 3).
Re claim 12: Welk discloses a seat assembly 1 comprising: a base 4; a back 3 extending from the base 4, the back 3 including a frame (wherein near 19 points to, Fig. 1) defining an opening 12; and a panel 11 rotatable about a hinge 13 mounted to the frame, the panel 11 rotatable between a stowed position and a deployed position, in the stowed position the panel 11 is within the opening 12, and in the deployed position the panel is over the base to uncover the opening and provide a foot rest for a person seated behind the seat assembly with their leg extending through the opening (col. 4, lines 17-18), wherein the seat assembly 1 is configured as an automobile seat assembly (see Abstract).
Allowable Subject Matter
Claims 8-11, 13 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.
Claims 14-20 are allowable.
The following is a statement of reasons for the indication of allowable subject matter: no prior art discloses combination structures of a seat assembly, including a tab extending from the hinge; and a track defined by the first bracket, the track is curved between a first end and a second end of the track, the tab is in cooperation with the track and movable within the track between the first end and the second end of the track, wherein in the stowed position the tab is at the first end of the track and in the deployed position the tab is at the second end of the track, cooperation between the tab and the track limits rotation of the panel as set forth in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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