DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application 19193018 filed 4/29/2025 which claims priority to JAPAN 2024-078495 5/14/2024.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 1-4 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. For purposes of examination on the merits, the claims, as best understood, are examined in the Action below.
RE Claim 1: How does the cushion length variable mechanism move the frame front portion toward a seat front side?
There is no recited connection to an actuation device or other device to impart movement, and there does not appear to be a description of such in the specification. As best understood, the movement requires a user to engage with the device.
Claims 2-4 rejected under 35 U.S.C. 112(b) for being dependent on a rejected base claim.
Allowable Subject Matter
Claims 1-4 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) (depending on how it is rewritten).
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose, either alone or in combination, the details of a frame rear portion that supports a main rear portion and each of the top plate side portions from the seat back surface side, the main front portion being a front portion of the top plate main portion, and the main rear portion being a rear portion of the top plate main portion, and a first protruding portion that protrudes from one of the frame front portion and the frame rear portion to the other to planarly cover a gap formed between the one and the other from a side of the gap as the cushion length extends, along with the remaining limitations of the claim.
This statement is not intended to necessarily state all the reasons for allowance or all the details why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth (MPEP 1302.14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various seat with mechanisms for adjusting cushion length and/or other relevant features. See particularly US 9,616,776 B1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 7:30-5.
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, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA E GRABER/Primary Examiner, Art Unit 3644
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