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 .
This is the First Office action on the Merits from the examiner in charge of this application.
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.
Claims 1-3 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matre (U.S. Pat. No. 5069142).
With respect to claim 1, Matre discloses a pop-up floor system for a vehicle (Col. 1, lines 20-28, “a collapsible table which is particularly suitable for installation and use in camping cars, caravans, pleasure boats, commercial boats, railway carriages, driver's cabs of transport lorries, buses, etc., wherein the table can be folded to a position wherein the table top is flush with a floor surface at the place of use of the table, and wherein the table is fixed to the ground and stands stably in erected position of use”), the pop-up floor system comprising: a floor of the vehicle (Fig. 3, floor 34) recessed downwards to form a storage space in the vehicle (Fig. 9, floor 35 recesses downward at base member 57); a table (Fig. 7, center member 54) configured to be stored in the storage space of the floor (base member 57); a link assembly (first supporting column 58) interconnecting the table (center member 54) and the storage space (base member 57), and configured to be folded in a stored state of the table in the storage space (Fig. 11 shows center member 54 in folded/stored position), and to be deployed from the storage space when the table is popped up (Fig. 9 shows center member 54 in deployed position); and an actuator (spring means 78) coupled to the link assembly (first supporting column 58) and configured to provide deployment force to the link assembly (Col. 6, lines 51-53, “A spring means 78 is mounted in the base member in order to influence the displaceable shaft 62 in the direction towards the erected position of the table”).
With respect to claim 2, Matre further discloses wherein the storage space (base member 57) is formed to have an area equal to an area of the table (Figs. 8 and 11 show the area of center member 54 with flaps 55, 56 folded up have the same area as the opening of base member 57), and an upper surface of the table forms the same plane as an upper surface of the floor in the stored state of the table in the storage space (Col. 1, lines 53-54, “the top of the table in the folded position is flush with and thus forms a part of the floor surface”).
With respect to claim 3, Matre further discloses wherein the link assembly is in pair (first supporting column 58 is one of the first and second supporting columns 58 and 59) and the pair of link assemblies (58, 59) is provided at opposite sides of the table, respectively (Figs. 10 and 11 show first supporting column 58 is located on a first/right side of center member 54, and second supporting column 59 is located on a second/left side of center member 54).
With respect to claim 7, Matre further discloses wherein the table (center member 54) includes a plurality of table portions (Fig. 8, flaps 55 and 56), and each of the table portions is rotatable with respect to a connection point thereof to the link assembly (flaps 55 and 56 are rotatable relative to center member 54 which acts as a connection point between the flaps 55, 56 and the supporting column 58).
With respect to claim 8, Matre further discloses wherein, when the table is moved from the storage space while being popped up (center member 54 moves away from base member 57 as shown in Fig. 10), the table portions are rotated 180° to be turned over (flaps 55, 56 may be turned over at any point during deployment once they are free from base member 57, such as at the intermediate position of Fig. 10. Note that there is no type of actuator or mechanical linkage claimed that is responsible for the rotation of the table portions coinciding with the deployment of the table away from the storage space).
With respect to claim 9, Matre further discloses wherein each of the table portions (flaps 55, 56) has opposite surfaces respectively defined as a floor surface (surface of flaps 55, 56 that face upward in the folded position of Fig. 11 and downward in the deployed position of Fig. 8) and a useable surface (surface of flaps 55, 56 that face downward in the folded position of Fig. 11 and upward in the deployed position of Fig. 8), and is urged through an elastic member so that the floor surface is directed upwards (during deployment of the table from Fig. 11 to Fig. 9, the spring means 78 urges flaps 55 and 56 in an upward direction as the table rises, therefore the “floor” surfaces of 55, 56 that face upward in the position of Fig. 11 are being directed upwards via the spring 78).
With respect to claim 10, Matre further discloses wherein the link assembly is in pair (first supporting column 58 is one of the first and second supporting columns 58 and 59) and the pair of link assemblies (58, 59) is provided at opposite sides of the table, respectively (Figs. 10 and 11 show first supporting column 58 is located on a first/right side of center member 54, and second supporting column 59 is located on a second/left side of center member 54), and wherein the pop-up floor system further includes rotation mechanisms (Figs. 2 and 8, hinges 20, 21) coupled to the pair of link assemblies (hinges 20 and 21 are coupled to supporting columns 58, 59 via the center member 54) and configured for rotating each of the table portions in a predetermined rotation angle (hinges 20, 21 allow flaps 55, 56 to rotate 180 degrees).
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.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Matre (U.S. Pat. No. 5069142) in view of Chuang (U.S. 20180184797).
With respect to claim 4, Matre discloses the limitation set forth above except wherein the actuator is a gas spring connected between the pair of link assemblies to provide deployment force to the link assemblies.
Chuang discloses an actuator is a gas spring (Fig. 1, gas-assisted extension strut 5) connected between a pair of link assemblies (inner frame 30 and outer frame 40) to provide deployment force to the link assemblies (Abstract, “The gas-assisted extension strut provides gas-assisted thrust and is pivotally connected between the inner and outer frames for generating a lifting force”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the first and second supporting columns of Matre with inner and outer frames, such as taught by Chuang, in order to prevent unintended extension of the table (Chuang, Paragraph 0047) and to further provide a vertical supporting force to the table.
With respect to claim 5, Matre in view of Chuang discloses the limitation set forth above. The combination (Chuang) further discloses wherein the gas spring (gas-assisted extension strut 5) includes a cylinder (outer rod 51) and a piston (inner rod 51) slidably coupled to the cylinder (Paragraph 0053, “telescoped for extension and retraction”), and wherein one of the pair of link assemblies is pivotally coupled to the cylinder (Fig. 3, outer rod 51 is coupled to inner frame 30 at inner-frame link 35) and another of the pair of link assemblies is pivotally coupled to the piston (inner rod 52 is coupled to outer frame 40 via transverse bar 41).
With respect to claim 6, Matre in view of Chuang discloses the limitation set forth above. The combination (Chuang) further discloses wherein the gas spring (gas-assisted extension strut 5) simultaneously urges the link assemblies (inner frame 30 and outer frame 40) disposed at the opposite sides of the table in extension directions thereof, respectively, causing the link assemblies to be simultaneously deployed (Paragraph 0043, “The gas-assisted extension strut 5… can autonomously generate a push force to expand the crossed and pivotally connected inner and outer frames 30, 40”).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Matre (U.S. Pat. No. 5069142) in view of Gipson (U.S. Pat. No. 2253777).
With respect to claim 14, Matre discloses the limitation set forth above except wherein a seatback is connected to an upper surface of the table.
Gipson discloses a seatback (Figs. 4 and 5, leaf 6) is connected to an upper surface of a table (leaf 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the table of Matre such that a leaf/seatback is hinged to the table center member in order to provide additional seating space with back support for passengers of the vehicle, in addition to functioning as a table, without taking up additional vehicle space.
With respect to claim 15, Matre in view of Gipson discloses the limitation set forth above. The combination further discloses wherein the seatback is rotatable on the table (leaf 6 of Gipson is rotatable relative to center member 54 of Matre), and when the seatback is overlapped with the table in the stored state of the table in the storage space (Matre, Fig. 11, stored/folded state), an upper surface of the seatback forms the same plane as the floor (Matre, Col. 1, lines 53-54, “the top of the table in the folded position is flush with and thus forms a part of the floor surface”, therefore the upper surface of leaf 6 of Gipson would sit flush with the floor when the leaf is folded down), and a lower surface of the seatback faces the table (lower surface of leaf 6 of Gipson would face center member 54 of Matre when folded down).
With respect to claim 16, Matre in view of Gipson discloses the limitation set forth above. The combination further discloses wherein, when the table is moved from the storage space in accordance with pop-up thereof (Matre, center member 54 in deployed position of Figs. 9 or 10) and the seatback is deployed from the table (Gipson, leaf 6 in deployed position of Fig. 4), the lower surface of the seatback forms a seat surface (Gipson, Fig. 4, the lower surface of leaf 6 becomes a vertical surface for supporting the back of a seater user).
Allowable Subject Matter
Claims 11-13 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: Claim 11 would be allowable for disclosing wherein each rotation mechanisms includes: a housing provided at a side of a corresponding one of the link assemblies; a stopper formed at an interior of the housing; a rotation shaft formed at an end portion of each table portion; and a pole protruding from the rotation shaft, wherein the pole is rotatable to contact with the stopper in the predetermined rotation angle, and the elastic member provided between the pole and the stopper to urge the pole to be disposed at one side of the stopper. Matre teaches rotation mechanism (hinges 20, 21) but fails to disclose each rotation mechanism includes a housing, a stopper, a rotation shaft formed at an end portion of each table portion with a pole protruding from the rotation shaft, wherein the pole is rotatable to contact with the stopper in the predetermined rotation angle, and the elastic member provided between the pole and the stopper to urge the pole to be disposed at one side of the stopper. Based on the configuration of Matre, it would be improper hindsight to modify the hinges to include these limitations.
Claims 12-13 would be allowable for depending from claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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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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/E.I.A./ Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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