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) 1-5 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vitaliy Viktorovich Muraiti et al. U.S. Patent Publication 2017/0297456 A1 (Muraiti).
Regarding claim 1, Muraiti discloses a passenger seat device having a mounting unit (Figure 6 and 7 Element 102a-102c) which is configured for mounting on a cabin floor, having a backrest (Element 408), and having a bearing device (Element 404) which is configured for supporting the backrest (Element 408) so as to be pivotable relative to the mounting unit (Element 102a-102c) between an upright sitting position and a comfort position, wherein the backrest comprises a pivotable backrest element (Element 410), further comprising at least one restoring module which is configured at least for providing a restoring force for restoring the backrest from the comfort position into the upright sitting position, and for this purpose comprises at least one leaf spring element (Element 604 spring [0064]).
Regarding claim 2, Muraiti discloses the passenger seat device wherein the pivotable backrest element (Element 410) is pivotably connected to the mounting unit (Element 102a, 102c) via the bearing device (Element 405), wherein the leaf spring element (Element 604) is functionally arranged between the pivotable backrest element and the mounting unit (as shown in Figure 6 and 7).
Regarding claim 3, Muraiti discloses the passenger seat device wherein the leaf spring element (Element 604, [0064]) is at least partially integrated into the pivotable backrest element (Figure 6 and 7).
Regarding claim 4, Muraiti discloses the passenger seat device wherein the leaf spring element (Element 604, [0064]) is at least partially formed in one piece with the pivotable backrest element (Figure 6 and 7).
Regarding claim 5, Muraiti discloses the passenger seat device wherein at least in a lower region of the pivotable backrest element elastic ribs (Element 408) are arranged which each extend laterally outwards from a central region (center of the ribs) and which are configured for being deflective in a spring-elastic manner ([0068-0069]).
Regarding claim 11, Muraiti discloses the passenger seat device wherein the pivotable backrest element (Element 410 with Element 408) is supported on the mounting unit (Element 102a-102c) in a lower region.
Allowable Subject Matter
Claims 6-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHIN H KIM/Primary Examiner, Art Unit 3636
