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, 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abt (7393055). The reference to Abt teaches structure as claimed including
a seat body (at least fig 2); and a side bracket provided on an outer side on either side of the seat body, wherein the side bracket includes an upper bracket (5) and a lower bracket (1), the upper bracket is fastened to an outer side surface of the seat body and is fastened to the lower bracket, the lower bracket is fastened directly or indirectly to a vehicle floor, the lower bracket and the upper bracket are fastened at a front fastening portion and a rear fastening portion, which are located apart from each other in a front-back direction of the seat body (at least fig 1), and the front fastening portion and the rear fastening portion each include an adjuster
configured to change a position of the upper bracket with respect to the lower bracket in an up-down direction or in up-down and front-back directions to fasten the front fastening (at least figs 2, 3) portion and the rear fastening portion together, a buckle of a seat belt is fastened to the upper bracket of the side bracket.
Claim Rejections - 35 USC § 103
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) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abt (7393055) in view of Bridges (5155873). The reference to Abt teaches structure substantially as claimed as discussed above including an adjuster the only difference being that the adjuster does not include a plurality of holes and bolts to provide the adjustment position. However, the reference to Bridges (at least fig 2 at 44, 46, 48)teaches the use of providing a plurality of mounting holes and bolts to provide a positional adjustment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Abt with a reasonable expectation of success, to include a plurality of bolt holes and bolts to provide for positional change, as taught by Bridges since such are conventional alternative structures used in the same intended purpose and environment and would have been a reasonably predictable result, thereby providing structure as claimed. The provision of such structure and knowledge in the same intended purpose and environment for different brackets would have been obvious and well within the level of ordinary skill in the art and a reasonably predictable result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited teach structure similar to applicant’s including positional adjusted seating structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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/JOSE V CHEN/Primary Examiner, Art Unit 3637
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