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 21-38 are pending.
Claims 21-38 have been examined.
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 29-34 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 29 recites “the OEM configuration.” There is insufficient antecedent basis for this limitation in the claim.
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) 21-25, 28 and 35-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bohlke et al. (US 2018/0072200) (“Bohlke”) in view of DE 202019102737 (“DE ‘737”). Bolke teaches a method of converting an OEM vehicle to a modified OEM vehicle adapted to be driven by an individual having a physical limitation, the method comprising the steps of: removing an armrest from a second row seat (fig. 6: 5b is a removable armrest which may be removed from a seat); attaching the armrest to a driver's seat (5b may be attached to another seat in the vehicle based on the desired space and/or usage as is a normal and logical step during use of a removable, reattachable armrest; paragraph 0005).
Bohlke does not teach removing a second row seat from the OEM vehicle. However, DE ‘737 teaches removing a second row seat of a vehicle (figs. 1 and 2: 3). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide the removable armrest on a removable seat, such as that of DE ‘737 in order to allow additional comfort to the removable seat occupant.
As concerns claim 22, Bohlke, as modified, teaches wherein the attaching step comprises attaching the armrest to the driver's seat with a quick release connector (Bohlke, fig. 6: 6b).
As concerns claim 23, Bohlke, as modified, teaches wherein the quick release connector extends through an armrest aperture of the armrest (as shown in fig. 7) and to a grommet support fixed to the seat (fig. 6: 8b), and wherein the quick release connector enables the armrest to be releasably connected to the seat.
As concerns claim 24, Bohlke, as modified, teaches wherein the quick release connector includes a release pin (fig. 7: 7b is a release pin) that extends from the armrest to engage the grommet support.
As concerns claim 25, Bohlke, as modified, teaches wherein the quick release connector comprises a push button (fig. 6: 6b) configured to disengage the release pin from the grommet support.
As concerns claim 28¸ Bohlke, as modified, teaches preventing rotation of the armrest with respect to the driver’s seat (the embodiment of figs. 6-8 does not teach or allow for rotation of the armrest).
As concerns claim 35, Bohlke teaches a method of converting an OEM vehicle to a modified OEM vehicle adapted to be driven by an individual having a physical limitation, the method comprising the steps of: removing an armrest from a second row seat (fig. 6: 5b is a removable armrest which may be removed from a seat); attaching the armrest to a driver's seat with a quick release connector (5b may be attached to another seat in the vehicle based on the desired space and/or usage as is a normal and logical step during use of a removable, reattachable armrest using quick release connector 6b; paragraph 0005).
Bohlke does not teach removing a second row seat from the OEM vehicle. However, DE ‘737 teaches removing a second row seat of a vehicle (figs. 1 and 2: 3). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide the removable armrest on a removable seat, such as that of DE ‘737 in order to allow additional comfort to the removable seat occupant.
As concerns claim 36, Bohlke, as modified, teaches wherein the attaching step includes attaching the armrest to the driver's side seat with an arm rest support (fig. 7: 8b) configured to engage the quick release connector extending through the armrest.
As concerns claim 37¸ Bohlke, as modified, teaches preventing rotation of the armrest with respect to the driver’s seat (the embodiment of figs. 6-8 does not teach or allow for rotation of the armrest).
As concerns claim 38, Bohlke, as modified, teaches wherein the preventing rotation step includes preventing rotation of the armrest with a detent pin extending from the arm rest support to the armrest (fig. 8: 7b has triangular shaped detent pin 14 which mates with triangular shaped recess of 8b to prevent rotation).
Claim(s) 29-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bohlke et al. (US 2018/0072200) (“Bohlke”) in view of DE 202019102737 (“DE ‘737”) and further in view of Tanabe et al. (US 2021/0394698) (“Tanabe”). Bohlke teaches a modified OEM vehicle comprising: a front seat for a driver (fig. 1: 1); an armrest coupled to the front seat (fig. 1: 5) which is removable from a seat. Bohlke does not teach wherein the armrest was removed from a second row seat or an airbag deployed through an airbag aperture of the front seat. However, Tanabe teaches a vehicle seat having an airbag aperture with an airbag deployed therefrom which is not interfered with by an armrest (as shown in figs. 17-21). Further, DE ‘737 teaches a removable second row seat (figs. 1 and 2: 3). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide an airbag on the front seat in order to provide additional safety to the occupant and to provide the removable armrest on a removable second row seat, which may be used interchangeably with the front seat in order to provide the desired space and/or comfort to an occupant.
As concerns claim 30, Bohlke, as modified, teaches wherein the second row seat is removed from the modified OEM vehicle (as shown in figs. 1 and 2 of DE ‘737).
As concerns claim 31, Bohlke, as modified, teaches wherein the armrest is fixed such that it is prevented from rotating with respect to the front seat (the embodiment of figs. 6-8 does not teach or allow for rotation of the armrest).
As concerns claim 32, Bohlke, as modified, teaches wherein the armrest (fig. 6: 5b) is coupled to an armrest support (fig. 7: 8b), the armrest support being coupled to the front seat.
As concerns claim 33, Bohlke, as modified, teaches wherein the armrest is coupled to the armrest support with a quick release connector (fig. 6: 6b).
As concerns claim 34, Bohlke, as modified, teaches wherein the armrest support comprises a detent pin (fig. 8: 22/24) and a grommet support (fig. 8: 17); wherein the armrest has a grommet (fig. 2: 7b) configured to engage with the quick release connector; and, further wherein the armrest has an aperture (fig. 6: 16) configured to engage with the detent pin.
Allowable Subject Matter
Claims 26 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art reference of Bohlke fails to teach:
incorporating the armrest into an armrest assembly before the attaching step, wherein the armrest assembly comprises an armrest support including a detent pin and the armrest includes a pin aperture, wherein the detent pin extends through the pin aperture to prevent rotation of the armrest with respect to the armrest support.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/ Primary Examiner, Art Unit 3636
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