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 § 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.
Claim(s) 1-12, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Juchniewicz et al(20150091348) in view of Neitzell et al (20160138916). The reference to Juchniewicz et al (at least pg 0129, 0165) teaches structure substantially as claimed including a seat body(10) a level indicator 94)comprising: a housing; an indicator member rotatable relative to the housing, the indicator member being biased by gravity to a resting position(pg 0129); the indicator member has a visual indicator, the visual indicator indicating a position of the indicator member relative to the housing, the indicator member, the only difference being that the indicator member does not include a light transmission member to provide a visual aid for the level indicator. However, the reference to Neitzal et al (at least pf 0065) teaches the use of providing a light transmission member to provide better visual to be old. It would
have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Juchniewicz et al with a reasonable expectation of success, to include a light transmission member to provide for visual aid, as taught by Neitzell et al since such are conventional alternative structures used in the same intended purpose and environment and would have been a reasonably predictable result, thereby providing structure as claimed. The color and positioning of the light members are matters of desirability and design parameters which would have been obvious and well within the level of ordinary skill in the art and a reasonably predictable result.
Allowable Subject Matter
Claims 33-44 are allowable over the prior art of record.
Claims13-16, 20-32 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited teach structure similar to applicant’s including seat structure including leveling indicators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571 270 3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE V CHEN/Primary Examiner, Art Unit 3637
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