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 .
Response to Amendment
The Amendment filed August 12th, 2026 has been entered. Claims 1 – 14 remain pending in the application. Applicant’s amendments to the Drawings have overcome each and every objection previously set forth in the Non-Final Office Action mailed April 30th, 2026.
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.
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.
Claims 1-6, 9-13 are rejected under 35 U.S.C. 103 as being anticipated by Hasse US 20090179475 A1 (hereinafter Hasse) in view of Barrou US 20080290714 A1 (hereinafter Barrou).
Re. Cl. 1, Hasse discloses: A seat headrest comprising: a headrest frame (Fig. 8, Ref. 30) comprising: a lower frame part (Fig. 8, Ref. 90) configured to be attached to a seat back (Para. 0030); an upper frame part (Fig. 8, Ref. 100) pivotally attached to the lower frame part at a pivot point (Fig. 8, Ref. 96) to be moveable between a fully open position and a folded position (Fig. 6 & 7); and a locking mechanism (Fig. 8, Ref. 110) at the pivot point to releasably lock the upper frame part relative to the lower frame part in the fully open position and the folded position (Fig. 6 & 7), the locking mechanism including a shaft (Fig. 8, Ref. 120) extending through an opening (Fig. 11, Ref. 108) in the upper frame part and the lower frame part (Fig. 11); a locking member (Fig. 11, Ref. 112) mounted on the shaft at a first end (Fig. 11); and a release member (Fig. 8, Ref. 114) for operation by a user to release the locking mechanism to enable the upper frame part to be pivoted relative to the lower frame part (Para. 0032).
Hasse also discloses that the means of pivotally connecting the upper and lower frame parts at the pivot location (Fig. 8, Ref. 96) may be any means chosen with sound judgment of a person of ordinary skill in the art (Para. 0032).
Hasse fails to disclose the shaft defining the pivot axis. Barrou teaches a pivotable headrest (Fig. 9, Ref. 12) mounted on the headrest frame (See Fig. 4) with a locking means (Fig. 9, Ref. 23) with a shaft (Fig. 10, Ref. 24) and a pivot axis (Fig. 2, Ref. 19) defined by the shaft (Para. 0048, 0076-0077). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hasse with Barrou's teaching of the shaft at the pivot point and defining the pivot axis. Doing so simplifies the fabrication process by using the existing shaft as the pivot point rather than introducing additional components.
Re. Cl. 2, Hasse discloses: the locking mechanism comprises and a spring (Para. 0035) arranged to bias the locking member into locking engagement with the opening (Para. 0035).
Re. Cl. 3, Hasse discloses: the release member is a push button (Para. 0034).
Re. Cl. 4, Hasse discloses: the push button is mounted to a second end of the shaft (Para. 0034).
Re. Cl. 5, Hasse discloses: the spring is secured between the push button and the headrest frame to bias the push button away from the headrest frame (Para. 0035).
Re. Cl. 6, Hasse discloses: the locking member (Fig. 12, Ref. 112) is provided with locking features (Fig. 12, Ref. 118) and the opening defines receptacles (Fig. 12, Ref. 152, 154) shaped to receive the locking features in the fully open position and the folded position (Para. 0036), wherein the locking features are moved out of engagement with the receptacles by operation of the release member to permit pivotal movement of the upper frame part relative to the lower frame part (Fig. 9 & 10; Para. 0036).
Re. Cl. 9, Hasse discloses: the lower frame part comprises one or more legs (Fig. 8, Ref. 130) arranged to attach or mount to the seat back (Para. 0030).
Re. Cl. 10, Hasse discloses: the lower frame part comprises two legs (Fig. 8, Ref. 130) connected by a strut (Fig. 8, Ref. 94).
Re. Cl. 11, Hasse discloses: the upper frame part comprises two arms (Fig. 8, Ref. 102) connected by a strut (Fig. 8, Ref. 106).
Re. Cl. 12, Hasse discloses: a reinforcement strut (Fig. 8, Ref. 120) between the two arms.
Re. Cl. 13, Hasse discloses: a locking/unlocking mechanism on each of opposing sides of the headrest frame (Fig. 8).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hasse US 20090179475 A1 in view of Barrou in further view of Millan US 9393892 B1 (hereinafter Millan).
Re. Cl. 7, Hasse fails to disclose flat surfaces on the shaft. Millan teaches a shaft that has one or more flat surfaces (Fig. 4, Ref. 42 & 42b) to prevent rotation of the shaft in the opening when in a locked position (Col. 4, Ln. 1-5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hasse with Millan’s teaching of the shaft has one or more flat surfaces to prevent rotation of the shaft in the opening when in a locked position. Doing so would align the flat side of an opening to the flat side of a shaft to prevent unwanted rotation of the shaft relative to the opening.
Claims 8 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hasse in view of Barrou in further view of Fredriksson et al. US 20180274270 A1 (hereinafter Fredriksson).
Re. Cl. 8, Hasse discloses: a push button (Para. 0034).
Re. Cl. 8, Hasse fails to disclose that the push button is attached to the shaft by a threaded attachment. Fredriksson teaches a push button (Fig. 4A, Ref. 12; Para. 0030) attached to a shaft (Fig. 4A, Ref. 20; Para. 0030) by a threaded attachment (Fig. 4A, Ref. 32; Para. 0030) in the locking mechanism of a seat headrest. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hasse with Fredriksson's teaching of a push button attached to the shaft by a threaded attachment. Doing so would securely attach the push button to the shaft and allow for the linear depression of the button without affecting the attachment.
Re. Cl. 14, Hasse fails to disclose cushioning over the headrest frame. Fredriksson teaches cushioning over the headrest frame (Fig. 56, Ref. 3A; Para. 0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hasse with Fredriksson's teaching of cushioning over the headrest frame. Doing so would provide comfortable padding for the occupant.
Response to Arguments
Applicant’s arguments, see pages 8 – 17, filed August 12th, 2026, with respect to the rejection of claim 1 under 35 USC § 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hasse in view of Barrou.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bruck US 8511751 B2, Yamane US 20170182916 A1, and Khachane US 20220332426 A1.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELILA S KEBEDE whose telephone number is (571)270-0369. The examiner can normally be reached 6:00AM - 2:00PM, Mon - Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571) 272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GELILA KEBEDE/ Examiner, Art Unit 3632
/TERRELL L MCKINNON/ Supervisory Patent Examiner, Art Unit 3632
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