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 .
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 1-9 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.
For Claim 1, 4, and 7 each of these claim attempt to further define the claimed seat pan with language to the seat cushion. However, the claims are limited to “a seat pan” as defined by the claims. As such it is not clear if the seat cushion language is required as it is not part of the “seat pan”. Therefore the claims are indefinite. Claims 2-3, 5-6, and 8-9 are indefinite as being dependent on Claim 1. The Examiner suggests Defining the Claim as a seat comprising a seat pan and a seat cushion.
Claim 6 recites the limitation "the front edge" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the longitudinal axis" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the front edge" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the adjacent vertical extending walls" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hocks (EP #3862221).
For Claim 1, figures 1-5 and paragraphs [0076 and 0103] of Hocks ‘221 disclose a seat pan (1) for an aircraft seat, the seat pan being arranged to be fixed to an aircraft seat base and to support a seat cushion of the aircraft seat, wherein the seat pan comprises a corrugated portion (2) formed of a deformable material, the corrugated portion comprising a plurality of corrugations.
For Claim 2, figures 1-5 and paragraphs [0046 and 0101] of Hocks ‘221 disclose that the corrugated portion is formed from a metal sheet.
For Claim 3, figures 1-5 and paragraphs [0076 and 0103] of Hocks ‘221 disclose that the seat pan further comprises a planar portion.
For Claim 4, figures 1-5 and paragraphs [0076 and 0103] of Hocks ‘221 disclose that the planar portion is arranged to be positioned under a front part of the seat cushion, and the corrugated portion is arranged to be positioned further from the front part of the seat cushion than the planar portion.
For Claim 5, figures 1-5 and paragraphs [0100-0102] of Hocks ‘221 disclose that the planar portion and the corrugated portion are constructed separately and fixed together to form the seat pan.
For Claim 6, figures 1-5 and paragraphs [0070-0071 and 0076] of Hocks ‘221 disclose that the corrugation of the corrugated portion extend from a first side to a second side of the seat pan, the first side and the second side extending between the front edge and back edge of the seat pan.
For Claim 7, figures 1-5 and paragraphs [0070-0071 and 0076] of Hocks ‘221 disclose that the longitudinal axis of each corrugation is parallel to the front edge of the seat cushion when the seat cushion is in position on the seat pan.
For Claim 8, figures 1-5 and paragraphs [0070-0071 and 0076] of Hocks ‘221 disclose that the corrugation are parallel to each other.
For Claim 9, figures 1-5 and paragraphs [0076 and 0103] of Hocks ‘221 disclose that the distance between the adjacent vertically extending walls of adjacent corrugations is the same as the distance between the vertically extending walls of each of the adjacent corrugations (according).
For claim 10, figures 1-5 and paragraphs [0076 and 0103] of Hocks ‘221 disclose an aircraft seat comprising a seat pan of Claim 1.
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 PHILIP J BONZELL whose telephone number is (571)270-3663. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP J BONZELL/Primary Examiner, Art Unit 3642 2/4/2026