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 11-12 and 15-16 is 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. In claim 11, the phrase “the projection” has no antecedent basis. In claim 15, the applicant has used double inclusion with phrase “a tilt shaft” rendering the claim unclear and confusing as to whether this is a different “tilt shaft” or the same, as recited in claim 7. Applicant must clarify.
Claim Rejections - 35 USC § 102
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) 7-8, 13-16 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Mitsuoka et al. (2022/0340059). Mitsuoka et al. shows the use of a seat cushion (3) comprising: a cushion body having a main top panel, wherein the main top panel has a main pad (41A), a main cover (41B), and a main base (41C) attached to a pad backside of the main pad, and respective side top panels (42), wherein each of the respective side top panels has a side pad (42A), a side cover (42B), and a side base (42C); and a seat frame (30) having a pair of lower arms (31) aligned in a seat width direction and configured to support a rear portion of the cushion body, a tilt frame (33) connected about a tilt shaft (34) extending between the pair of lower arms and being adjustable in a seat height direction to support a front portion of the cushion body, and a rear pipe (35) configured to extend between rear portions of the pair of lower arms in the seat width direction. Regarding claim 8, the main base has a main fitting (41C1) located at respective left and right ends of the main base (Fig. 12). Regarding claim 13, the main base has a frame hooking claw (41C2) that snap fits the seat frame for preventing upward movement. Regarding claim 14, the main base has a flexible portion that allows the main base to follow the tilt frame (as shown in Fig. 1). Regarding claims 15-16, the tilt frame has a pair of left and right tilt arms (32) a tilt panel (33) and a tilt shaft (34).
Allowable Subject Matter
Claims 1-6 are allowed over prior art made of record.
Claims 9-10 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.
Claims 11-12 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference Nos. 7,434,304, 6,367,880, 5,947,562 and 4,065,181 show features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. The examiner can normally be reached Maxi-Flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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June 27, 2026
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