DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 04/16/2024. It is noted, however, that applicant has not filed a certified copy of foreign application CN 2024104543373 as required by 37 CFR 1.55.
Drawings
3. 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 following must be shown or the feature(s) canceled from the claim(s):
a. Claim 3: “the upper end of the rear support frame is provided with a short slide groove parallel to the slide rail, and the upper seat base is slidably arranged in the slide groove”;
b. Claim 4: the “the side ladders are suitable for switching between a first position and a second position”;
b. Claim 5: “a rotating shaft is provided on the side of the upper seat base, the side ladders are fixed on the rotating shaft, a buckle is provided on the top of the side ladder, and a buckle is provided on the side of the upper seatback and the upper seat base”;
c Claim 6: “the upper seat base is provided with a vertical sliding groove, and the side ladder is slidably provided in the sliding groove, wherein the sliding groove is provided with a first clamping position and a second clamping position, and a buckle is provided on the side of the side ladder facing the sliding groove, wherein the side ladder is in the first position when the buckle is in the first latching position, and the side ladder is in the second position when the buckle is in the second latching position”;
d. Claim 10: “the front support frame is provided with a passenger entertainment system and folding cup holders at positions corresponding to the lower seat and the upper seat”.
No new matter should be entered.
4. The drawings are objected to under 37 CFR 1.83(a) because they fail to show the following as described in the specification:
a. Para. [0026]: a short slide groove parallel to the slide rail 1 is provided at the upper end of the rear support frame 3, and the upper seat base 52 is slidably arranged in the slide groove. The upper seat 5 is adjusted by fine-tuning the front and rear position of the upper seat base 52 in the slide groove.
b. Para. [0030]: In a specific example, a rotating shaft is set on the side of the upper seat base 52, and the side ladder 55 is hinged on the rotating shaft. A buckle is set on the top of the side ladder 55, and a buckle position is set on the side of the upper seatback 51 and the upper seat base 52. In this example, the side ladder 55 can rotate around the axis of the rotation shaft.
c. Para. [0031]: In another specific example, a vertical sliding groove is provided on the side of the upper seat base 52, and the side ladder 55 is slidably provided in the sliding groove. A first clamping position and a second clamping position are provided in the sliding groove, and a buckle is provided on the side of the side ladder 55 facing the sliding groove, when the buckle is in the first clamping position, the side ladder 55 is in the first position, and when the buckle is in the second clamping position, the side ladder 55 is in the second position. In this example, the side ladder 55 can slide up and down along the sliding groove, positioned by buckling with the first clamping position or the second clamping position. When the buckle is in the first clamping position, the side ladder 55 is in the first position and is above the upper seat base 52, which can serve as an armrest for the upper-deck passengers. When the buckle is in the second clamping position, the side ladder 55 is in the second position and is below the upper seat base 52, which allows passengers to get on and off.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
Specification
5. The abstract of the disclosure is objected to because it includes implied phrases such as “This invention pertains” as well as indefinite/relative language such as “it”, “optimizes”, “alleviating”, “improved”, “enhancing” and “long”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
6. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Double-decker semi-reclining seating with upper and lower seats.
Claim Objections
7. Claims 1-10 are objected to because of the following informalities:
a. Claim 1, line 1: the term “airplane seat” of the preamble should be replaced with “airplane seating” or the like, since the invention is drawn to multiple seats, and the term “seat” merely suggests a single seat while multiple seats are being claimed for the purpose of clarity. Similarly for claims 2-10.
b. Claim 1, line 6: the limitation “the side” should be rewritten as --a side-- such that there is sufficient antecedent basis for the limitation in the claim.
c. Claim 1, line 10: the limitation “the upper end” should be rewritten as --an upper end-- such that there is sufficient antecedent basis for the limitation in the claim.
d. Claim 2, line 1: the limitation “the connection portion” should be rewritten as --a connection portion-- such that there is sufficient antecedent basis for the limitation in the claim.
e. Claim 2, line 2: the limitation “the base” should be rewritten as --a base-- such that there is sufficient antecedent basis for the limitation in the claim.
f. Claim 2, line 3: the limitation “the end” should be rewritten as --an end-- such that there is sufficient antecedent basis for the limitation in the claim.
g. Claim 2, line 5: the limitation “the bottom” should be rewritten as --a bottom-- such that there is sufficient antecedent basis for the limitation in the claim.
h. Claim 4, line 1: the term “airplane seat any one of” should be rewritten as --airplane seat of any one of-- for the purpose of grammatical comprehension. Similarly for claims 8-10.
i. Claim 4, line 4: the limitation “the upper side” should be rewritten as --an upper side-- such that there is sufficient antecedent basis for the limitation in the claim.
j. Claim 4, line 6: the limitation “the lower side” should be rewritten as --an lower side-- such that there is sufficient antecedent basis for the limitation in the claim.
k. Claim 5, line 2: the limitation “the side” should be rewritten as --a side-- such that there is sufficient antecedent basis for the limitation in the claim.
l. Claim 5, line 2: the limitation “the side” should be rewritten as --a side-- such that there is sufficient antecedent basis for the limitation in the claim.
m. Claim 6, line 4: the limitation “the side” should be rewritten as --a side-- such that there is sufficient antecedent basis for the limitation in the claim.
n. Claim 7, line 1: the limitation “wherein the baffles are” should be rewritten as --further comprising baffles-- such that there is sufficient antecedent basis for the limitation in the claim as well as clarity.
o. Claim 8, line 2: the limitation “the side” should be rewritten as --a side-- such that there is sufficient antecedent basis for the limitation in the claim.
p. Claim 8, line 3: the limitation “the lower deck” should be rewritten as --a lower deck-- such that there is sufficient antecedent basis for the limitation in the claim.
q. Claim 8, line 4: the term “the aircraft supply system” should be rewritten as --an aircraft supply system-- such that there is sufficient antecedent basis for the limitation in the claim.
r. Claim 8, lines 5-6: the limitation “the air supply port” should be rewritten as --an air supply port-- such that there is sufficient antecedent basis for the limitation in the claim.
s. Claim 9, line 3: the limitation “the bottom side” should be rewritten as --a bottom side-- such that there is sufficient antecedent basis for the limitation in the claim.
t. Claim 9, line 5: the limitation “its bottom side” should be rewritten as --a bottom side of the upper leg support-- such that there is sufficient antecedent basis for the limitation in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
8. 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.
9. Claims 2-4 and 7-10 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.
10. The term “close” in claim 2 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear as to exactly how close the seat base is required to be relative to the front support frame such that the seat base is considered to be close to the front support frame.
11. Claim 2, lines 3-6, recites the limitation “wherein the end of the lower seat base close to the front support frame is higher than the end away from the front support frame, and is provided with a downwardly facing curling surface, and the bottom of the curling surface is slidably connected to the slide rail through its supporting leg” which renders the claim indefinite, since it is unclear as to exactly which structure is the term “end away” being attributed to. Further, it is unclear as to exactly what “is provided downwardly facing curling surface”. Furthermore, it is unclear as to exactly which structure is the supporting leg attributed to. Therefore, there is insufficient antecedent basis for the limitations “the end away” and “its supporting leg” in the claim.
12. The term “short” in claim 3 is a relative term which renders the claim indefinite. The term “short” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear as to exactly how short the slide groove is required to be in order for the slide groove is considered to be a short slide groove.
13. Claim 7, lines 1-2, recites the limitation “the baffles are equipped on both sides of the lower seat facing against the position of the side ladder” which renders the claim indefinite, since it is unclear as to exactly what arrangement between the baffles and side ladders is being claimed. What exactly is considered to be “the position of the side ladder” and how are the baffles on both sides being only claimed in reference with one side ladder instead of both side ladders since the “baffles are equipped on both sides of the lower seat”? Further clarification and appropriate correction is required.
Claims not addressed are rejected based on their dependency (including multiple dependency) from a rejected base claim.
Claim Rejections - 35 USC § 103
14. 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.
15. Claim(s) 1, 4, 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pascasio et al. (US 5716026 A), hereinafter “Pascasio”, in view of O’Neill (US 2019/0308733 A1), hereinafter “O’Neill”.
16. Regarding Claim 1, Pascasio discloses a double-decker semi-reclining airplane seat (Abstract and FIG. 1), comprising:
a front support frame and a rear support frame (col. 6, ll. 6-16; front and rear main frames 40 as seen in FIGS. 1-2 and 4-5), wherein the front support frame and the rear support frame are arranged in parallel and both are arranged obliquely on a slide rail (col. 6, ll. 61-65; frames 40 arranged parallel and obliquely on floor track 58 as seen in FIG. 5);
a lower seat (16), located between the front support frame (40) and the rear support frame (40), wherein the lower seat comprises a lower seatback and a lower seat base (lower seatback and base as clearly seen in FIGS. 1-2 and 4-5), wherein the lower seatback is movably connected to the rear support frame on the side facing the front support frame (col. 6, ll. 56-59; lower seat 16 is slidable via casters 54 while the lower seatback maintains connection with frame 40, accordingly the lower seatback is movably connected to rear frame 40 on the side facing the front frame 40 as seen in FIG. 4-5), and the lower seat base is hinged to the lower seatback (with consideration of the reclined arrangement between the lower seat base and the lower seatback, the lower seat base is by definition hinged to the lower seat back as seen in FIG. 5); and
an upper seat (18) comprises an upper seatback (upper seat back as clearly seen in FIG. 5) and an upper seat base (upper seat base as clearly seen in FIG. 5), wherein the upper seat base is connected to the upper end of the rear support frame (upper seat base 40 connected to the upper end of the rear support frame as seen in FIG. 5) wherein the upper seatback and the upper seat base are hinged (upper seatback and lower seat base are clearly hinged as seen in FIG. 5),
Pascasio is silent regarding the upper seat comprising specifically an upper leg support, wherein the upper seat base is specifically movably connected to the upper end of the rear support frame, and the upper leg support and the upper seat base are hinged.
O’Neill discloses a double-decker semi-reclining airplane seat (Abstract and FIGS. 14-15) comprising an upper seat comprises an upper leg support (para. [0026]; upper seating suite 14 comprising a seat including leg rest 1404 as seen in FIG. 14-15), wherein the upper seat base is specifically movably connected to the upper end of the rear support frame (para. [0053]; seat pan 1402 movably connected a rear support frame as seen in FIG. 15 an annotated FIG. 15 below), and the upper leg support and the upper seat base are hinged (leg rest 1404 and seat pan 1402 are clearly hinged as seen in FIG. 15).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of Pascasio as taught by O’Neill such that the upper seat comprises an upper leg support, wherein the upper seat base is specifically movably connected to the upper end of the rear support frame, and the upper leg support and the upper seat base are hinged in order to increasing the usability, capability and comfort of the upper seat by enabling passengers to assume different configurations that are deemed comfortable and suitable for the duration of travel.
17. Regrading Claim 4/1, modified Pascasio discloses (see Pascasio) the double-decker semi-reclining airplane seat of claim 1, wherein the upper seat comprises side ladders that are movably provided on a side of the upper seat (col. 7, ll. 3-8; extra rung of step-up foot well 24 on a side of the upper seat 18 as seen in FIG. 5), wherein the side ladders are located at the lower side of the upper seat and serve as a ladder for upper-deck passengers when positioned in the second position (FIG. 5).
Modified Pascasio is silent regarding wherein the upper seat comprises side ladders that are specifically movably provided on both sides of the upper seat, wherein the side ladders are suitable for switching between a first position and a second position, wherein the side ladders are located at the upper side of the upper seat and serve as an armrest of the upper seat when positioned in the first position.
O’Neill discloses a double-decker semi-reclining airplane seat (Abstract and FIGS. 25-28) wherein the upper seat comprises side ladders that are movably provided on a side of the upper seat (para. [0059]; telescopic ladder configured to extend and retract from lower seating suite 12 and provided on a seat of upper seating suite 12 as seen in FIG. 25), wherein the side ladders are suitable for switching between a first position and a second position (para. [0059]; telescopic ladder 2502 is configured to retract and extend from lower seating suite 12), wherein the side ladders are located at the upper side of the upper seat and serve as an armrest of the upper seat when positioned in the first position (para. [0059]; support mechanism 2602 on ladder 2502 is configured to provide an armrest for the upper seat when the ladder 2502 is in the retracted or extended positions as seen in FIGS. 25-27).
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of modified Pascasio as taught by O’Neill such that wherein the upper seat comprises side ladders that are movably provided on a side of the upper seat, wherein the side ladders are suitable for switching between a first position and a second position, wherein the side ladders are located at the upper side of the upper seat and serve as an armrest of the upper seat when positioned in the first position.
Modified Pascasio is silent regarding wherein the upper seat comprises side ladders that are movable provided on both sides of the upper seat. However, it would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention such that the upper seat comprises side ladders that are movable provided on both sides of the upper seat, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The motivation for doing so is to allow passengers to access the upper seat from either side of the upper seat.
18. Regarding Claim 7, modified Pascasio discloses the double-decker semi-reclining airplane seat of claim 4.
Modified Pascasio is silent regarding wherein the baffles are equipped on both sides of the lower seat facing against the position of the side ladder
O’Neill discloses a double-decker semi-reclining airplane seat (Abstract and FIGS. 25-28) wherein the baffles are equipped on a side of the lower seat facing against the position of the side ladder (para. [0059]; ladder 5202 extending from a wall (i.e., baffle) position between ladder 5202 and a seat of lower seating suite 12 as seen in FIGS. 25-26).
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of modified Pascasio as taught by O’Neill such that wherein the baffles are equipped on a side of the lower seat facing against the position of the side ladder in order to provide a partition between passengers seated on the lower seat and passengers walking by the lower seat for the purpose of privacy.
Modified Pascasio is silent regarding the baffles are specifically provided on both sides of the lower seat. However, it would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention such that the baffles are provided on both sides of the lower seat facing against the position of the side ladder, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The motivation for doing is to provide passengers privacy on both sides of the lower seat.
19. Regarding Claim 10/1, modified Pascasio discloses the double-decker semi-reclining airplane seat of claim 1.
Modified Pascasio is silent regarding wherein the front support frame is provided with a passenger entertainment system and folding cup holders at positions corresponding to the lower seat and the upper seat in the embodiment of Pascasio’s disclosure as seen in the embodiment shown in FIG. 5.
Pascasio discloses an double-decker semi-reclining airplane seat (Abstract and FIG. 4) wherein the front support frame is provided with a passenger entertainment system (col. 6, ll. 46-49; console panels 26/69 for upper and lower seats secured to a front support from as seen in FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effect filling date of the claimed invention to modify the invention of modified Pascasio as taught by Pascasio such that the front support frame is provided with a passenger entertainment system in order provide passengers with entertain means to enhance the experience of passengers during travel.
Modified Pascasio is silent regarding the front support frame is provided with folding cup holders at positions corresponding to the lower seat and the upper seat; however, it would have been obvious to modify the invention of modified Pascasio such that the front support frame is provided with folding cup holders at positions corresponding to the lower seat and the upper seat in order to utilize a location directly across the passengers of each of the upper and lower seats for storing drinks.
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FIG. 15
20. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pascasio et al. (US 5716026 A) and O’Neill (US 2019/0308733 A1) as applied to claim 1 above, and further in view of Cha et al. (US 2020/0376988 A1), hereinafter “Cha”, in view of Creed et al. (US 5485976 A), hereinafter “Creed”, in view of Ozaki et al. (US 2021/0101685 A1), hereinafter “Ozaki”.
21. Regarding Claim 9/1, modified Pascasio discloses (see Pascasio) the double-decker semi-reclining airplane seat of claim 1.
Modified Pascasio is silent regarding wherein the upper leg support is fitted with a seat cushion that comprises a life jacket for upper-deck passengers, wherein the lower seat base is configured with a storage layer on the bottom side for storing life jackets for lower-deck passengers, wherein the upper leg support is equipped with a storage box on its bottom side for storing oxygen candles and masks.
Cha discloses a seat (Cha Abstract) wherein the leg support is fitted with a cushion (para. [0039]; leg cushion 40 is by definition a leg support fitted with a cushion as seen in FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of modified Pascasio as taught by Cha such that the upper leg support is fitted with a seat cushion in order to increase the comfort of a passenger utilizing the upper leg support.
Modified Pascasio is silent regarding a seat cushion that comprises a life jacket for upper-deck passengers, wherein the lower seat base is configured with a storage layer on the bottom side for storing life jackets for lower-deck passengers, wherein the upper leg support is equipped with a storage box on its bottom side for storing oxygen candles and masks.
Creed discloses an aircraft seat (Abstract and FIG. 1) comprising a seat cushion that comprises a seat cushion that comprises a life jacket for upper-deck passengers (col. 6, ll. 59-67; cushion 70 including diaphragm 80 including a passenger life vest).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the clamed invention to modify the invention of modified Pascasio as taught by Creed that such that a seat comprises a life jacket for upper-deck passengers in order to provide life saving equipment to passengers utilizing the upper seat.
Modified Pascasio is silent regarding wherein the lower seat base is configured with a storage layer on the bottom side for storing life jackets for lower-deck passengers, wherein the upper leg support is equipped with a storage box on its bottom side for storing oxygen candles and masks.
O’Neill discloses a double-decker semi-reclining airplane seat (Abstract and FIG. 9) wherein the lower seat base is configured with a storage layer on the bottom side for storing life jackets for lower-deck passengers (para. [0049]; storage compartment 902 under a seat base of lower seating suite 12 as seen in FIG. 9).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of modified Pascasio as taught by O’Neill such that the lower seat base is configured with a storage layer on the bottom side for storing life jackets for lower-deck passengers in order allow the passengers in the lower seat to store personal items when needed.
Modified Pascasio is silent regarding wherein the upper leg support is equipped with a storage box on its bottom side for storing oxygen candles and masks.
Ozaki discloses an aircraft seat (Oleson, para. [0024] and FIG. 1) a leg support is equipped with a storage box on its bottom side for storing oxygen candles and masks (paras. [0025] and [0043]; box 330 on a bottom side of leg rest 140 as seen in FIG. 1).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of modified Pascasio as taught by Ozaki such that the upper leg support is equipped with a storage box on its bottom side for storing oxygen candles and masks in order to allow the passengers in the upper seat to store personal items when needed.
Allowable Subject Matter
Claims 2-3, 5-6 and 8 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 as well as overcoming drawing objections, claim objections and 112(b) rejections set forth in this office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to mention the combined limitations of claims 1-2, the combined limitations of claims 1 and 3, the combined limitations of claims 1, 4 and 5, the combined limitations of claims 1, 4 and 6, and the combined limitations of claims 1 and 8.
Prior Art
The prior art made of record not relied upon is considered pertinent to applicant’s disclosure:
Zheng (US 11279489 B2), O’Neill et al. (US 2022/0371737 A), O’Neill (US 2025/0187734 A1) and Yu (CN 201021287 Y), individually disclose double-deck air plane seats including front and rear support frames as well as upper and lower seats.
Conclusion
Any inquiry concerning this or any earlier communication from the examiner should be directed to Examiner Arfan Sinaki, whose telephone number is 571-272-7185. The examiner can normally be reached Monday-Friday from 10:00 am to 6:00 pm EST.
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, Joshua J. Michener can be reached at 571-272-1467. The fax number for the organization to which this application or proceeding is assigned is 571-273-8300.
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/ARFAN Y. SINAKI/ Examiner, Art Unit 3642