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 § 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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schonenberg et al (6,402,244). Applicant is reminded that claims are drawn to a seat cushion only and not the combination of seat cushion and seat bottom assembly and therefore the claims are examined in regards to the seat cushion is the invention. Schonenberg et al. shows the use of a seat cushion (11) configured for use with a scat bottom assembly (14), wherein the seat bottom assembly is movable between stowed and deployed configurations, comprising: a first top portion (12b), a second top portion (12a), and a bottom portion (12); wherein the bottom portion of the seat cushion is generally disposed on a top surface of the seat bottom assembly; wherein the bottom portion of the seat cushion and a top portion of the seat bottom assembly are equally inclined (see Figs 3-4), when the seat bottom assembly is in the stowed and deployed configurations; and wherein the second top portion is generally horizontal when the seat bottom assembly is in the deployed configuration, and negatively inclined relative to horizontal when the seat bottom assembly is in the stowed configuration. Regarding claim 2, the first top portion in generally horizontal when the seat bottom assembly is in the stowed configuration (Fig. 2). In regards to claims 3-4, Schonenberg et al., shows the first top portion includes a negative incline of “about” 5 to 10 degrees when the seat bottom assembly is in a stowed position (see Fig. 3) and shows the second top portion includes a negative incline of “about” 5 to degrees or less to the horizontal when the seat bottom assembly is in the deployed (as shown in Fig. 2). Regarding claims 5-6, the seat cushion is “generally” angled at about 40-50 degrees positive to the horizontal when the seat bottom assembly is in the deployed configuration (Fig. 2) and the bottom portion seat cushion is generally angled at about 45 degrees positive to horizontal when the seat bottom is in the deployed configuration (Figs. 2, 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference Nos. 4,775,185 and 6,422,650 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. 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. 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 23, 2026
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