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 § 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 4-5, 6-8, 15-18, 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.
Regarding claim 4, lines 1-2, the recitation “the side wing and the side lug” renders the claim indefinite because is it unclear which side wing and which side lug since claim 3 recites “side wings” and “side lugs”.
Regarding claim 6, line 2, the recitation “the side wing and the side lug” renders the claim indefinite because is it unclear which side wing and which side lug since claim 3 recites “side wings” and “side lugs”.
Regarding claim 7, lines 1-2, the recitation “the side wing and the side lug” renders the claim indefinite because is it unclear which side wing and which side lug since claim 3 recites “side wings” and “side lugs”.
Regarding claim 8, line 4, it is unclear what the recitation “a waist-shaped hole” means. How is “a waist-shaped hole” defined?
Regarding claim 20, lines 3-4, it is unclear what the recitation “a waist-shaped hole” means. How is “a waist-shaped hole” defined?
Claims 5 and 15-18 are dependent from the claims above and rejected herewith.
Allowable Subject Matter
Claims 1-3, 9-14, and 19 are allowed.
Claims 4-8, 15-18, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 shows many seat-backrest linkage devices but the prior art of record fails to disclose the specific number of elements secured functionally to one another in the recited orientation yielding the required movements. The combination of base, support plate seat, swing bracket, and connecting member, wherein the elements are secured to one another as required and further involving slide groove mechanisms is not specifically taught in the proper art of record or is not clearly taught in the drawings of the prior art of record. Many of the individual parts or pieces are taught throughout the prior art, but the combination and relationships are not taught and would require impermissible hindsight in order form by combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
