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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities:
In line 4 of paragraph [0093], “the seat backrest” is incorrectly numbered as element 5;
In line 5 of paragraph [0097], “the seat backrest” is incorrectly numbered as element 5.
Appropriate correction is required.
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 12-15 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.
Regarding claim 12, it is unclear if “a seat’s backrest” is referring to the “seat backrest” of claim 1.
Regarding claim 13, it is unclear if “a seat” is referring to the “seat” of claim 1.
Regarding claim 14, it is unclear if the “moveable arm” of claim 1 is one of the “two moveable arms” or if the “two moveable arms” are entirely different from the “moveable arm” of claim 1.
Regarding claim 15, it is unclear if “a headrest portion” and “a front sleep support system” are referring to the “headrest portion” and the “front sleep support system” of claim 1, respectively.
Claim Rejections - 35 USC § 103
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 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 1-5, 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Frost (US-11597522-B2) alone.
Frost discloses a stowable and deployable padded tray for a passenger seat.
Claim 1 – Frost teaches front sleep support system (figure 1A) for an airplane seat (“economy-class passenger seating” in column 1, line 34 referring to airplane seating), the front sleep support system comprising:
a headrest portion (element 118 in figure 1A) moveable between a stowed position (figure 1A) in which the headrest portion is configured to support the back of a user's head (in claim 3, “configured to support at least one of a head and a shoulder of the passenger”) and a deployed position (figure 3); and
a moveable arm (elements 110a, 120, and 202 in figure 2A) configured to connect the headrest portion to a seat having a seat backrest (element 108 in figure 1B) and a seat base (element 104 in figure 1B), the moveable arm defining a pivot point (figure 3),
wherein the headrest portion is configured to move pivotably about the pivot point between the stowed position and the deployed position (figures 1A and 3), and
wherein the moveable arm permits the headrest portion to move linearly relative to the seat base for deployment and/or stowing of the headrest portion between the stowed position and the deployed position (figures 1B and 2B).
Frost does not specifically state the headrest portion is configured to support the front of the user’s head when in the deployed position, however it would have been obvious to one of ordinary skill in the art that a user can lay forward and rest the front of their head on the headrest portion when in the deployed position.
Claim 2 – Frost teaches the moveable arm comprises a locking mechanism (element 110a) configured to prevent pivotable movement of the headrest portion when the headrest portion is in the stowed position (positions the headrest portion in such a way that it cannot be pivoted when in the stowed position, figures 1A and 1B).
Claim 3 – Frost teaches the headrest portion is deployable from the stowed position to a first intermediate position (figure 2B) by moving linearly away from the seat base (figure 2B), the headrest portion in the first intermediate position being permitted by the locking mechanism to move pivotably (positions the headrest portion in such a way that it can be pivoted when in the deployed position, figures 2A and 2B).
Claim 4 – Frost teaches the moveable arm permits the pivot point to move linearly relative to the seat base (figure 1B and 2B), the pivot point being moveable between an unlocked position in which the pivotable movement of the headrest portion is permitted (figure 2B) and a locked position in which the pivot point is engaged by the locking mechanism (figure 1B).
Claim 5 – Frost teaches the moveable arm permits the headrest portion to move linearly relative to the pivot point (figures 1B and 2B).
Claim 8 – Frost teaches the moveable arm comprises:
a first arm portion (element 120 in figure 2A) secured to the headrest portion;
a second arm portion (element 110a in figure 2A) securable to the seat; and
a spine member (element 202 in figure 2A) that is at least partially received by at least one of the first arm portion and the second arm portion (element 110a in figure 2A), the spine member being configured to guide the linear movement of the headrest portion (figures 1A and 2A).
Claim 9 – Frost teaches at least one of the first arm portion and the second arm portion defines a cavity (element 116 in figure 1B) configured to receive at least part of the spine member (figure 2A).
Claim 10 – Frost teaches the moveable arm further comprises a moveable member (element 116 in figure 1B) that is pivotable relative to the second arm portion (element 110a connects to the seat backrest at a pivot point), the moveable member being receivable inside the second arm portion (figure 1B) and the moveable member defining a cavity configured to receive at least part of the spine member (figure 2A).
Claim 11 – Frost teaches the second arm portion is configured to be the locking mechanism by at least partially receiving the moveable member when the headrest portion is in the stowed position and preventing the pivotable movement of the moveable member (figure 1B, element 110a fully receives the movable member when the headrest is in the stowed position and prevents the pivotably movement of the moveable member).
Claim 12 – Frost teaches the moveable arm is configured to at least partially overlap with a side of a seat's backrest when the headrest portion is in the stowed position (figure 1B).
Claim 13 – Frost teaches a seat having a supplementary headrest portion (element 112 in figure 1B), the supplementary headrest portion being configured to at least partially overlap with the headrest portion when the headrest portion is in the stowed position (figure 1B).
Claim 14 – Frost teaches the front sleep support system comprises two moveable arms (figure 2A).
Claims 6, 7, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Frost (US-11597522-B2) in view of Pearson (US-6619733-B2).
Pearson discloses a deployable and stowable passenger headrest platform.
Claim 6 – Frost does not teach the headrest portion is deployable to a second intermediate position following pivotable movement, the headrest portion being configured to move from the second intermediate position to the deployed position by moving linearly towards the pivot point.
Pearson teaches a telescoping arm (figures 4A and 4B).
It would have been obvious to one of ordinary skill in the art to apply the telescoping mechanism of Pearson to the moveable arm of Frost to allow the user greater flexibility in moving the headrest portion to the optimal position for their comfort, making a second intermediate position prior to being finally placed in the user’s deployed position.
Claim 7 – Frost does not teach the moveable arm comprises a telescopic mechanism that permits the linear movement of the headrest portion.
Pearson teaches the moveable arm (elements 16 and 17 in figure 4A) comprises a telescopic mechanism (figures 4A and 4B) that permits the linear movement of the headrest portion (figure 4A).
It would have been obvious to one of ordinary skill in the art to apply the telescoping mechanism of Pearson to the moveable arm of Frost to allow, when in the deployed position, the headrest portion to move laterally, towards and away from the pivot point, allowing the user to move the headrest portion to the optimal position for their comfort.
Claim 15 – Frost teaches the method comprising:
a first deployment step of moving the headrest portion linearly away from the seat base (figure 2B); and
a second deployment step of pivotably moving the headrest portion forwards (figure 3, forwards relative to the moveable arm).
Frost does not teach a third deployment step of moving the headrest portion linearly towards the pivot point.
Pearson teaches a telescoping mechanism (figures 4A and 4B).
It would have been obvious to one of ordinary skill in the art to apply the telescoping mechanism of Pearson to the moveable arm of Frost to allow, when in the deployed position, the headrest portion to move laterally, towards and away from the pivot point, allowing the user to move the headrest portion to the optimal position for their comfort and making a third deployment step.
Conclusion
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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