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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a first portion pivotably coupled to a shifting pivot” and “the second portion pivotably coupled to the first portion” in claims 7 and 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1, 7-8, and 17-18 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.
Claim 1 recites “a motion path of the seat pan relative to the frame subassembly includes at least one of rotational motion and translational motion; and the bottom of the fore end of the seat pan rests on and rides along the fore transverse beam” which is indefinite, because in the case that the motion path of the seat pan is a rotational motion, then the bottom of the fore end of the seat pan would not “ride along the fore transverse beam”. As shown in figs. 3-4 of Applicant’s drawings, only during the translational motion of the seat pan does the bottom of the fore end of the seat pan ride along the fore transverse beam.
Claims 7 and 17 recite “a first portion pivotably coupled to a shifting pivot; and a second portion pivotably coupled to the first portion” which is indefinite, because according to figs. 1 & 2, the second portion 138 appears to be pivotably coupled to the shifting pivot 108. The first portion 136 appears to be a separate structure, and it is unclear from the specification and drawings what the first portion 136 is corresponding to. It is further unclear how the second portion is pivotably coupled to the first portion.
Claim 8 recites the limitation "the first portion of the seat pan" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites “a seat pan movably coupled to the frame assembly, wherein a fore end of the seat pan rests directly on and rides along the fore transverse beam such at least one of rotational and translational motion of the fore end of the seat pan is unconstrained as the seat pan adjusts between different sitting positions” which is indefinite, because during rotational motion of the seat pan, the fore end of the seat pan does not “ride along the fore transverse beam”. As shown in figs. 3-4 of Applicant’s drawings, only during the translational motion of the seat pan does the fore end of the seat pan ride along the fore transverse beam.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7, 9-14, 17-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Parker et al. (US 2022/0340282 A1), hereinafter Parker.
Regarding claim 1, as best understood in light of the 112b rejection above, Parker discloses a passenger seat, comprising:
a frame subassembly (passenger seat assembly 100, fig. 1) including a fore transverse beam (structural tubes 110, figs. 1 & 3A-3B); and
a seat pan (seat bottom pan 120, figs. 3A-3B) movably coupled to the frame subassembly (fig. 1), the seat pan having a fore end, an aft end, a top, a bottom, and opposing lateral sides (as shown in annotated fig. 1 below);
wherein:
a motion path of the seat pan relative to the frame subassembly includes at least one of rotational motion and translational motion (translational motion chosen; Para. [0028], “as shown in FIG. 3B, the seat back assembly 106 reclines backward while the seat bottom assembly 104 articulates forward and tilts aft”; as shown in figs. 3A-3B); and
the bottom of the fore end of the seat pan rests on and rides along the fore transverse beam as the seat pan moves relative to the frame subassembly along the motion path of the seat pan (as shown in figs. 3A-3B).
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Annotated fig. 1: annotated image of Parker’s fig. 5
Regarding claim 2, Parker discloses the invention in claim 1, and further discloses wherein the seat pan is detached from the fore transverse beam, and the passenger seat does not include any mechanism constraining seat pan motion relative to the fore transverse beam (Para. [0026], “FIG. 2A is a perspective view showing the torque bearing attachment 122 of the seat bottom assembly 104 of FIG. 1 disconnected from the seat bottom panel 120”).
Regarding claim 3, Parker discloses the invention in claim 1, and further discloses wherein at least one of the seat pan and the fore transverse beam carries a friction-reducing component positioned at an interface between the seat pan and the fore transverse beam (Para. [0021], “[t]he seat bottom assembly 104 can also be connected near a forward end thereof by a set of tracked ramps 126 that slidingly mate with a set of bearing elements 118 mounted to the structural tubes 110”; as shown in figs. 3A-3B).
Regarding claim 4, Parker discloses the invention in claim 1, and further discloses wherein:
the frame subassembly further comprises spreaders (spreaders 112, fig. 1) and an aft transverse beam (see aft structural tubes 110 in figs. 3A-3B);
the seat pan is positioned between the spreaders (as shown in fig. 1, the seat bottom 104 is positioned between the spreaders 112); and
the seat pan is detached from the spreaders and detached from the aft transverse beam (as shown in figs. 2A-2B).
Regarding claim 7, as best understood in light of the 112b rejection above, Parker discloses the invention in claim 1, and further discloses wherein the seat pan comprises:
a first portion (as shown in annotated fig. 1 below) pivotably coupled to a shifting pivot (aft bearing elements 124, fig. 5); and
a second portion pivotably coupled to the first portion (as shown in annotated fig. 1 below, the second portion is pivotably coupled to the first portion via the after bearing element 124);
wherein, in use, the second portion is configured to pivot relative to the first portion between a lowered position for seating and a raised position for under seat access (as shown in figs. 2A-2B & 3A-3B).
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Annotated fig. 2: annotated image of Parker’s fig. 2A
Regarding claim 9, Parker discloses the invention in claim 1, and further discloses wherein:
the passenger seat is adjustable between an upright sitting position and a reclined sitting position (Para. [0028], “As shown in FIG. 3A, in an upright configuration, the seat bottom panel 120 and torque bearing attachment 122 of the seat bottom assembly 104 are above and clear of structural features such as, but not limited to, the structural tubes 110. During a recline action, as shown in FIG. 3B, the seat back assembly 106 reclines backward while the seat bottom assembly 104 articulates forward and tilts aft”); and
the motion path of the seat pan includes synchronous rotational motion and translational motion (as illustrated by the arrows in figs. 3A-3B, as the seat articulates forward, it also moves upward).
Regarding claim 10, Parker discloses an aircraft passenger seat configured to adjust between an upright sitting position and a reclined sitting position (as shown in figs. 3A-3B), the aircraft passenger seat comprising:
a frame subassembly including spreaders (spreaders 112, fig. 1) and a fore transverse beam (structural tubes 110, figs. 1 & 3A-3B);
a seat pan (seat bottom pan 120, figs. 3A-3B) and a seat back (seat back assembly 106, fig. 3A) positioned between the spreaders (as shown in fig. 1), the seat pan and the seat back coupled for synchronous motion between the upright sitting position and the reclined sitting position (Para. [0028], “As shown in FIG. 3A, in an upright configuration, the seat bottom panel 120 and torque bearing attachment 122 of the seat bottom assembly 104 are above and clear of structural features such as, but not limited to, the structural tubes 110. During a recline action, as shown in FIG. 3B, the seat back assembly 106 reclines backward while the seat bottom assembly 104 articulates forward and tilts aft”; as illustrated by the arrows in figs. 3A-3B, as the seat articulates forward, it also moves upward); and
a fore end of the seat pan rides directly on the fore transverse beam as the aircraft passenger seat transitions between the upright sitting position and the reclined sitting position (as shown in figs. 3A-3B).
Regarding claim 11, Parker discloses the invention in claim 10, and further discloses wherein seat pan motion between the upright sitting position and the reclined sitting position includes synchronous rotational and translation motion (as illustrated by the arrows in figs. 3A-3B, as the seat articulates forward, it also moves upward).
Regarding claim 12, Parker discloses the invention in claim 10, and further discloses wherein the seat pan is detached from the fore transverse beam, and the passenger seat does not include any mechanism constraining seat pan motion relative to the fore transverse beam (Para. [0026], “FIG. 2A is a perspective view showing the torque bearing attachment 122 of the seat bottom assembly 104 of FIG. 1 disconnected from the seat bottom panel 120”).
Regarding claim 13, Parker discloses the invention in claim 10, and further discloses wherein at least one of the seat pan and the fore transverse beam carries a friction-reducing component positioned at an interface between the seat pan and the fore transverse beam (Para. [0021], “[t]he seat bottom assembly 104 can also be connected near a forward end thereof by a set of tracked ramps 126 that slidingly mate with a set of bearing elements 118 mounted to the structural tubes 110”; as shown in figs. 3A-3B).
Regarding claim 14, Parker discloses the invention in claim 10, and further discloses wherein:
the frame subassembly further includes an aft transverse beam (see aft structural tubes 110 in figs. 3A-3B); and
an aft end of the seat pan is positioned above and is detached from the aft transverse beam (as shown in figs. 2A-2B).
Regarding claim 17, as best understood in light of the 112b rejection above, Parker discloses the invention in claim 10, and further discloses wherein the seat pan comprises:
a first portion (as shown in annotated fig. 1 above) pivotably coupled to a shifting pivot (aft bearing elements 124, fig. 5); and
a second portion pivotably coupled to the first portion (as shown in annotated fig. 1 above, the second portion is pivotably coupled to the first portion via the after bearing element 124);
wherein, in use, the second portion is configured to pivot relative to the first portion between a lowered position for seating and a raised position for under seat access (as shown in figs. 2A-2B & 3A-3B).
Regarding claim 18, as best understood in light of the 112b rejection above, Parker discloses a passenger seat, comprising:
a frame subassembly including a fore transverse beam (structural tubes 110, figs. 1 & 3A-3B); and
a seat pan (seat bottom pan 120, figs. 3A-3B) movably coupled to the frame assembly (fig. 1), wherein a fore end of the seat pan rests directly on and rides along the fore transverse beam such at least one of rotational and translational motion of the fore end of the seat pan is unconstrained as the seat pan adjusts between different sitting positions (translational motion chosen; Para. [0028], “as shown in FIG. 3B, the seat back assembly 106 reclines backward while the seat bottom assembly 104 articulates forward and tilts aft”; as shown in figs. 3A-3B the seat pan adjusts between different sitting positions).
Regarding claim 19, Parker discloses the invention in claim 18, and further discloses wherein at least one of the seat pan and the fore transverse beam carries a friction-reducing component positioned at an interface between the seat pan and the fore transverse beam (Para. [0021], “[t]he seat bottom assembly 104 can also be connected near a forward end thereof by a set of tracked ramps 126 that slidingly mate with a set of bearing elements 118 mounted to the structural tubes 110”; as shown in figs. 3A-3B).
Regarding claim 20, Parker discloses the invention in claim 18, and further discloses wherein motion of the seat pan between the different sitting positions includes synchronous rotational and translation motion (as illustrated by the arrows in figs. 3A-3B, as the seat articulates forward, it also moves upward).
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.
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) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parker as applied to claims 1 and 10 above respectively, and further in view of Hawkins et al. (US 2010/0308167 A1), hereinafter Hawkins.
Regarding claims 5 and 15, Parker discloses the invention in claims 1 and 10 above, respectively, but does not appear to specifically disclose wherein the fore end of the seat pan is curved in a downward direction.
Hawkins is in the field of an articulating passenger seat (Abstract) and teaches a seat pan wherein a motion path of the seat pan includes translational motion and wherein the fore end of the seat pan is curved in a downward direction (as shown in figs 7 & 9, seat pan rails 240 and 340).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat pan of Parker such that the fore end of the seat pan is curved in a downward direction as taught by Hawkins, in order to improve comfort for the user.
Claim(s) 6, 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parker as applied to claims 1 and 10 above, respectively, and further in view of Henshaw (US 2017/0021930 A1).
Regarding claims 6 and 16, Parker discloses the invention in claims 1 and 10 above, respectively, but does not appear to specifically disclose a locking gas spring coupled between the frame subassembly and the seat pan.
However, Henshaw is in the field of a cradle recline mechanism for a passenger seat (Abstract) and teaches a locking gas spring coupled between the frame subassembly and the seat pan (locking gas spring 56, fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Parker such that there was a locking gas spring coupled between the frame subassembly and the seat pan as taught by Henshaw, in order to accommodate infinite adjustability (Henshaw: Para. [0072]).
Regarding claim 8, as best understood in light of the 112b rejection above, Parker discloses the invention in claim 7, but does not appear to specifically disclose a locking gas spring coupled between the frame subassembly and the first portion of the seat pan.
However, Henshaw is in the field of a cradle recline mechanism for a passenger seat (Abstract) and teaches a locking gas spring coupled between the frame subassembly and the seat pan (locking gas spring 56, fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Parker such that there was a locking gas spring coupled between the frame subassembly and the seat pan as taught by Henshaw, in order to accommodate infinite adjustability (Henshaw: Para. [0072]). As a result of the above modification, the gas spring of Henshaw would be positioned between the frame subassembly and the first portion of the seat pan of Parker.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA ALEKSIC whose telephone number is (571)272-1659. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm ET.
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/N.A./Examiner, Art Unit 3647 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
