DETAILED ACTION
The following action is in response to application 18/986,522 filed on December 18, 2024.
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 7, 11-12 and 20 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.
With regard to claim 7, on lines 2-3, “the closed configuration” appears to be incorrect. It is believed this should be “the open configuration.”
With regard to claim 11, on lines 2-3, “the closed configuration” appears to be incorrect. It is believed this should be “the open configuration.”
With regard to claim 12, on lines 2-3, “the closed configuration” appears to be incorrect. It is believed this should be “the open configuration.”
With regard to claim 20, it is believed that the dependency should be upon “claim 16” instead of claim 15. This would provide context and antecedent basis for the rearward seat platform. Also, on lines 2-3, it is unclear how the second surface is “pivotally connected to the first surface.” It is believed the term “pivotally” should be removed. The tray is already claimed to be pivotally mounted on the backrest in claim 15. This provided context on how the tray can “pivot away” (see line 3).
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)(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) 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Line (US 20230294567). With regard t claim 15, Line teaches a vehicle seat assembly comprising: a seat bottom 76; a seat backrest 80 extending upward from the seat bottom and including a front side and a rear side, the seat backrest configured to move with respect to the seat bottom (backrest moves relative to the seat bottom) between a forward configuration (Fig. 6) and a rearward configuration (Fig. 1); and a tray 96 pivotally attached to the rear side of the seat backrest so as to move between a stowed configuration and an in-use configuration (paragraph 49), the front side of the seat backrest forming a forward-facing seat for a vehicle passenger when the seat backrest is in the rearward configuration (Fig. 1), and the rear side of the seat backrest forming a rearward-facing seat for the vehicle passenger when the seat backrest is in the forward configuration (Fig. 6), the tray 96 forming a side platform (no specific details of what qualifies as a side platform in the claim; therefore tray 96 is considered to form a side and middle platform) for the rearward-facing seat when the seat backrest is in the forward configuration and the tray is in the in-use configuration (Fig. 6).
Allowable Subject Matter
Claims 1-6, 8-10 and 13-14 (and claims 7, and 11-12 if the 112 issues are corrected) are allowed.
Claims 16-19 (and 20 if the 112 issues are corrected) 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 of record fails to show or render obvious the vehicle as claimed, and particularly including a midgate located between the passenger cabin and the cargo bed, the midgate configured to move between an open configuration in which the passenger cabin is open to the cargo bed and a closed configuration in which the passenger cabin is closed off from the cargo bed by the midgate, the tray configured to surround at least part of the midgate when the tray is in the in-use configuration and the midgate is in the open configuration, and including the remaining structure of claim 1. Claims 2-7 depend on claim 1. The present invention also particularly includes a midgate located between the passenger cabin and the cargo bed, the midgate configured to move between an open configuration in which the passenger cabin is open to the cargo bed and a closed configuration in which the passenger cabin is closed off from the cargo bed by the midgate, the tray configured to cover an open space at a perimeter of the midgate when the tray is in the in-use configuration and the midgate is in the open configuration, and including the remaining structure of claim 8. Claims 9-14 depend on claim 8. The present invention also particularly includes the vehicle comprising a rearward seat platform separated from the seat backrest and configured to move over the seat bottom when the seat backrest is in the forward configuration, such that the rearward seat platform and the rear side of the seat backrest form the rearward-facing seat when the seat backrest is in the forward configuration and the rearward seat platform has moved over the seat bottom, and including the remaining structure of claim 16. Claims 17-20 (if the dependency of claim 20 is corrected) depend on claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pellenz (DE 102008004120A1) has been cited to show a similar vehicle comprising: a seat backrest 2 with a rearward configuration (Fig. 1a) and a forward configuration (Fig. 1c) relative to a seat bottom 3.
Iyoda (US 7159922) has been cited to show a similar vehicle comprising: a seat backrest 5 with a rearward configuration (Fig. 2a) and a forward configuration (Fig. 2b) relative to a seat bottom 2.
Line (US 20230294572) has been cited to show a similar vehicle comprising: seat backrest 26 with forward configuration (Fig. 8B) and rearward configuration (Fig. 8A), a seat bottom 32, a tray 36 pivotally attached to the seat backrest forming a side platform (Fig. 8B).
Hunt (US 6260916) has been cited to show a similar vehicle comprising: a midgate 36 with an open (Fig. 4) and closed (Fig. 2) configuration, a cabin 12, a seat backrest 36 and seat bottom 24.
Fisher (US 20020089204) has been cited to show a similar vehicle comprising: a midgate 54 with an open (Fig. 4) and closed (Fig. 2) configuration, a cabin 12, a seat backrest 12/26 and seat bottom 20/22.
Grzegorzewski (US 6786535) has been cited to show a similar vehicle comprising: a midgate 40 with an open (Fig. 3) and closed (Fig. 2) configuration, a cabin 12, a seat backrest 24 and seat bottom (Fig. 1).
Oliveira Fernandes (US 20260167063) has been cited to show a similar vehicle from the same assignee and inventors without any double patenting issues.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
July 21, 2026
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