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 .
Drawings
The replacement drawings were received on July 17, 2025. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 5, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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 7-13 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.
Claim 7 recites the limitation "the driver’s bottom seat" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the driver’s bottom seat" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claims 9-13 depend from independent claim 8, and are thus also rendered indefinite.
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)(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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Farrell (US 12,128,992).
Farrell discloses the same boat as claimed, as shown in Figures 1-9, which is comprised of a marine vessel or boat, defined as Part #100, having a stern with a transom, as shown in Figures 1-3, said transom having an upper surface, as shown in Figures 7-9, and a convertible seat, defined as Part #102, that is positioned proximate to said upper surface of said transom, as shown in Figures 7-9, where said seat is further comprised of a first seat component or portion, defined as Part #104, that is positioned towards said stern, as shown in Figure 3, a first pivotable support, defined as Part #148, that is coupled to said first seat component or portion for positioning said first seat component or portion at an angle relative to said upper surface of said transom, as shown in Figure 7, a second seat component or portion, defined as Part #106, that is disposed proximate to said first seat component or portion and is positioned towards a bow of said marine vessel or boat, as shown in Figure 2, and a second pivotable support, defined as Part #150, that is coupled to said second seat component or portion for positioning said second seat component or portion at an angle relative to said upper surface of said transom, as shown in Figure 9. Said first seat component or portion can be disposed in a flat configuration with said second seat component or portion in an angled configuration so that said convertible seat is in a rear facing configuration, as shown in Figure 9. Said second seat component or portion can also be disposed in a flat configuration with said first seat component or portion in an angled configuration so that said convertible seat is in a forward facing configuration, as shown in Figure 7. Said first seat component or portion can also be disposed in a flat configuration with said second seat component or portion in a flat configuration so that said convertible seat is in a generally flat, horizontal configuration, as shown in Figure 8. One or more additional seat components or portions are also disposed between said first and second seat components or portions, as shown in Figures 7-9. A pivot axis of said first seat component or portion is also nested with a pivot axis of said second seat component or portion, as shown in Figures 7-9.
Allowable Subject Matter
Claims 8-13 would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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July 27, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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