Office Action 3: Non-Final Rejection (2024-09-04)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
AMENDMENTS TO THE CLAIMS

This listing of claims will replace all prior versions, and listings of claims in the application.

Listing of the claims:

1\. (Currently amended) An aircraft passenger seat unit, configured for use adjacent an aisle of an aircraft cabin, wherein:the seat unit comprises:a seat,
a console,
a footrest, and
a movable panel;
the console is positioned on an aisle side of the seat unit and is spaced apart from the footrest along a longitudinal axis of the aircraft cabin to define an access path between the console and the footrest, the access path providing passenger access into the seat unit from the aisle;
the seat comprises a seat pan and backrest, the seat having an upright sitting configuration in which the backrest is substantially upright;
the seat is movable in the upright sitting configuration from a first position to a second position;
in the first position of the seat a front edge of the seat pan is spaced apart from the footrest such that the console is positioned between a lateral edge of the seat pan and the aisle and such that the lateral edge of the seat pan is spaced apart from the access path,
\[\[to a\]\]in the second position of the seat the front edge of the seat pan is arranged contiguously with the footrest such that the footrest and seat pan together form a continuous surface and such that the lateral edge of the seat pan is positioned in the access path, between the console and the footrest; and
the movable panel is movable with respect to the footrest between a closed position in which the movable panel at least partially encloses a side of the footrest and an open position in which the movable panel at least partially exposes the side of the

footrest such that, in use, when the seat is in the second position and the panel is in the open position, a passenger can access the continuous surface formed by the footrest and seat pan from \[\[an \]\]theaisle through the partially exposed side of the footrest and across the lateral edge of the seat pan.

2\. (Cancelled)

3\. (Cancelled)

4\. (Previously Presented) The aircraft passenger seat unit according to claim 1, wherein the seat faces in a direction defining a seat axis, and wherein the seat is movable along the seat axis towards or away from the footrest when the seat is moved between the first and second positions.

5\. (Previously Presented) The aircraft passenger seat unit according to claim 1, wherein the seat unit has an aisle side that is configured to be adjacent an aisle in use, and wherein the movable panel is positioned along the aisle side of the seat unit when in the closed position such that movable panel at least partially encloses the side of the footrest to block access to the side of the footrest from the aisle, and such that when the panel is in the open position a passenger can access the at least partially exposed side of the footrest from the aisle.

6\. (Cancelled)

7\. (Cancelled)

8\. (Currently amended) The aircraft passenger seat unit according to claim \[\[6\]\]1, wherein the console comprises\[\[ing\]\] a table surface for use by a passenger of the seat unit .

9\. (Previously Presented) The aircraft passenger seat unit according to claim 8, wherein the aircraft passenger seat unit is configured to be positioned directly adjacent to and in front of a further, substantially identical aircraft seat unit, and wherein the console is at least partially formed by the movable panel of the further seat unit.

10\. (Previously Presented) The aircraft passenger seat unit according to claim 9 further comprising a shell, wherein the shell forms the console of the seat unit and the movable panel of the further seat unit.

11\. (Previously Presented) The aircraft passenger seat unit according to claim 1, wherein the movable panel is movably mounted via a hinge.

12\. (Previously Presented) The aircraft passenger seat unit according to claim 11, wherein the movable panel is mounted via a hinge and configured to be moved between the closed position and open position about a horizontal axis located towards a bottom of the panel.

13\. (Previously Presented) The aircraft passenger seat unit according to claim 11, wherein the movable panel is mounted via a hinge and configured to be moved between the closed position and open position about a vertical axis located towards a side of the panel.

14\. (Previously Presented) The aircraft passenger seat unit according to claim 1, wherein the seat unit comprises a locking system configured to lock the movable panel in the closed position, the lock system comprising:- a plurality of latches positioned on the movable panel and configured to engage with a structure of the seat unit to lock the movable panel in the closed position, or - a plurality of latches positioned on the structure of the seat unit and configured to engage with the movable panel to lock the movable panel in the closed position.

15\. (Previously Presented) The aircraft passenger seat unit according to claim 14, wherein the lock system comprises an actuatable member operable to disengage the latches so that the movable panel can be moved from the closed position to the open position.

16\. (Previously Presented) The aircraft passenger seat unit according to claim 15, wherein the actuatable member is positioned on a surface of the movable panel that is adjacent the footrest when the panel is in the closed position.

17\. (Cancelled)

18\. (Cancelled)

19\. (New) The aircraft passenger seat unit according to claim 1, wherein the front edge of the seat pan touches the footrest when the seat is in the second position.

20\. (New) The aircraft passenger seat unit according to claim 1, wherein the movable panel is rotatably mounted with respect to the footrest and the movable panel is rotatable between the closed position and the open position.

21\. (New) An aircraft passenger seat unit, configured for use adjacent an aisle of an aircraft cabin, wherein:the seat unit comprises:
a seat,
a footrest, and
a movable panel;
the seat comprises a seat pan and backrest, the seat having an upright sitting configuration in which the backrest is substantially upright;
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from the footrest to a second position in which a front edge of the seat pan touches the footrest such that the footrest and seat pan together form a continuous surface; and
the movable panel is movable with respect to the footrest between a closed position in which the movable panel at least partially encloses a side of the footrest and an open position in which the movable panel at least partially exposes the side of the

footrest such that, in use, when the seat is in the second position and the panel is in the open position, a passenger can access the continuous surface formed by the footrest and seat pan from an aisle through the partially exposed side of the footrest.

22\. (New) An aircraft passenger seat unit, configured for use adjacent an aisle of an aircraft cabin, wherein:the seat unit comprises a seat,
a footrest, and
a movable panel;
the seat comprises a seat pan and backrest, the seat having an upright sitting configuration in which the backrest is substantially upright;
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from the footrest to a second position in which the seat pan is arranged contiguously with the footrest such that the footrest and seat pan together form a continuous surface;
the movable panel is rotatably mounted with respect to the footrest via a hinge;
and the movable panel is rotatable between a closed position in which the movable panel at least partially encloses a side of the footrest and an open position in which the movable panel at least partially exposes the side of the footrest such that, in use, when the seat is in the second position and the panel is in the open position, a passenger can access the continuous surface formed by the footrest and seat pan from an aisle through the partially exposed side of the footrest.

OFFICE ACTION:
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because figure 4 includes an erroneous line pointing towards the footrest.  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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA  35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-5, 8-16, and 19-22 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA  35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitation “the footrest and seat pan together form a continuous surface” does not have support in the disclosure as originally filed.
Regarding claim 21, the limitation “a front edge of the seat pan touches the footrest such that the footrest and seat pan together form a continuous surface” does not have support in the disclosure as originally filed.
Regarding claim 22, the limitation the seat pan is arranged contiguously with the footrest such that the footrest and seat pan together form a continuous surface” does not have support in the disclosure as originally filed.
Claims 4-5, 8-16, and 19-20 are rejected for being dependent on a rejected claim.
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, 4-5, 8-16, and 19-22 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.
Regarding claim 1, the term “continuous” in claim 1 is a relative term which renders the claim indefinite. The term “continuous” 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. As such it is not clear what degree of continuity is being required (i.e. would a small transition bump be permitted?).
Regarding claim 21, the term “continuous” in claim 21 is a relative term which renders the claim indefinite. The term “continuous” 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. As such it is not clear what degree of continuity is being required (i.e. would a small transition bump be permitted?).
Regarding claim 22, the term “continuous” in claim 22 is a relative term which renders the claim indefinite. The term “continuous” 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. As such it is not clear what degree of continuity is being required (i.e. would a small transition bump be permitted?).
Claims 4-5, 8-16, and 19-20 are rejected for being dependent on a rejected claim.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary.  Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-5, 8-10, and 21 is/are rejected under 35 U.S.C. 103 as anticipated by Nicholas (US 10501188 B2) or, in the alternative, under 35 U.S.C. 103 as obvious over Nicholas (US 10501188 B2) in view of Wallace (US 20130241247 A1) and/or O’Neil (US 11312494 B2).
Regarding claim 1, Nicholas (US 10501188 B2) discloses an aircraft passenger seat unit (Nicholas, figures 7a-d, item 709), configured for use adjacent an aisle of an aircraft cabin (Nicholas, figures 1e and 7a-d, item 111, seat units adjacent aircraft aisle), wherein the seat unit comprises:
- a console (Nicholas, figure 7a-d, item 729)
- a seat (Nicholas, figure 7a-d, item 709),
- a footrest (Nicholas, figure 7b, item 726), and
- a movable panel (Nicholas, figure 7a-d, item 725, end wall made of a panel moves),
the console is positioned on an aisle side of the seat unit and is spaced apart from the footrest along a longitudinal axis of the aircraft cabin to define an access path between the console and the footrest, the access path providing passenger access into the seat unit from the aisle (Nicholas, figure 7a-d, item 733, access path between console and footrest);
the seat comprises a seat pan and backrest (Nicholas, figure 7c, items 715a and 715b, backrest and seat pan), the seat having an upright sitting configuration in which the backrest is substantially upright (Nicholas, figure 7a, item 715a, backrest is upright);
the seat is movable in the upright sitting configuration from a first position to a second position;
in the first position of the seat a front edge of the seat pan is spaced apart from the footrest such that the console is positioned between a lateral edge of the seat pan and the aisle and such that the lateral edge of the seat pan is spaced apart from the access path (Nicholas, figure 7a-d, items 715a-c, 726, and 729, seat spaced apart from the footrest in a first position; console between seat pan and aisle),
in the second position of the seat the front edge of the seat pan is arranged contiguously with the footrest such that the footrest and seat pan together form a continuous surface and such that the lateral edge of the seat pan is positioned in the access path, between the console and the footrest (Nicholas, figure 7a-d, items 715a-c and 726, leg rest bridges gap of the access path between the seat pan and the footrest arranged contiguously to form a continuous surface when extended); and
the moveable panel being movable with respect to the footrest between a closed position in which the movable panel at least partially encloses a side of the footrest (Nicholas, figure 7a, item 725, panel in closed configuration enclosing a side of the footrest) and an open position in which the movable panel at least partially exposes the side of the footrest such that, in use, when the panel is in the open position, a passenger can access the continuous surface formed by the footrest and seat pan from the aisle through the partially exposed side of the footrest and across the lateral edge of the seat pan (Nicholas, figure 7c, item 725, panel in open configuration exposing a side of the footrest and thereby allowing passenger access to surface including the footrest from the lateral edge towards the aisle).
In arguendo, should applicant argue that Nicholas fails to teach the contiguous and continuous surface formed by the seat pan and footrest, Wallace (US 20130241247 A1) teaches a seat comprising a seat pan and backrest (Wallace, figure 2, item 16, seat including seat pan and backrest), the seat having an upright sitting configuration in which the backrest is substantially upright (Wallace, figure 2, item 16, backrest is upright);
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from a footrest (Wallace, figure 2, item 18, seat pan spaced apart from footrest) to a second position in which the seat pan arranged contiguously with the footrest such that the footrest and seat pan together form a surface (Wallace, figure 3, items 14 and 18, seat pan is contiguous with the footrest and forms a continuous surface with the footrest).
Nicholas and Wallace are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the seat of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and the footrest of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Alternatively, should applicant argue that Nicholas as modified by Wallace fails to teach the contiguous, continuous surface claimed above, O’Neil (US 11312494 B2) teaches a seat with a seat pan and legrest, wherein a front edge of the seat pan is arranged contiguously with the footrest such that the legrest and seat pan together form a continuous surface (O’Neil, claim 11).
Nicholas as modified by Wallace and O’Neil are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the arrangement of the seat pan and footrest of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and a forward surface of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Regarding claim 4, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 2, wherein the seat faces in a direction defining a seat axis, and wherein the seat is movable along the seat axis towards or away from the footrest when the seat is moved between the first and second positions (Nicholas, figure 7a, item 709, col 13 lines 10-22, forwards and aftwards seats move along an axis between a first and second position).
Regarding claim 5, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 1, wherein the seat unit has an aisle side that is configured to be adjacent an aisle in use (Nicholas, figure 7a, item 733, side of seat unit has an opening designed to be adjacent to aisle for allowing passengers access to the seat unit), and
wherein the movable panel is positioned along the aisle side of the seat unit when in the closed position such that movable panel at least partially encloses the side of the footrest to block access to the side of the footrest from the aisle, and such that when the panel is in the open position a passenger can access the at least partially exposed side of the footrest from the aisle (Nicholas, figures 7a and 7c, item 725, panel positioned along the aisle side of the seat unit blocks or allows access to the footwell directly from the aisle, depending upon whether closed or opened).
Regarding claim 8, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 6, wherein the seat unit comprises a console (Nicholas, figure 7a, item 737, base forming part of the console) comprising a table surface for use by a passenger of the seat unit (Nicholas, figure 7a, item 729, table surface) and wherein the console is at least partially formed by the wall (Nicholas, figure 7a, item 727, side wall forming part of console).
Regarding claim 9, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 8, wherein the aircraft passenger seat unit is configured to be positioned directly adjacent to and in front of a further, substantially identical aircraft seat unit (Nicholas, figure 7c, item 709, seat units positioned on in front of the other), and wherein the console is at least partially formed by the movable panel of the further seat unit (Nicholas, figure 7a, item 725, movable panel of one seat unit forms part of the console of the forward seat unit).
Regarding claim 10, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 9. further comprising a shell, wherein the shell forms the console of the seat unit and the movable panel of the further seat unit (Nicholas, figure 7a, items 725, 727, and 737, console forms a shell structure around the seat unit).
Regarding claim 21, Nicholas discloses an aircraft passenger seat unit, configured for use adjacent an aisle of an aircraft cabin, wherein: the seat unit comprises:
a seat (Nicholas, figure 7a-d, item 709),
a footrest (Nicholas, figure 7b, item 726), and
a movable panel (Nicholas, figure 7a-d, item 725, end wall made of a panel moves);
the seat comprises a seat pan and backrest (Nicholas, figure 7c, items 715a and 715b, backrest and seat pan), the seat having an upright sitting configuration in which the backrest is substantially upright (Nicholas, figure 7a, item 715a, backrest is upright);
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from the footrest to a second position in which the seat including the seat pan is translated forwards (Nicholas, figures 1a-b, item 115b, seat may be translated forward/backward); and
the movable panel is movable with respect to the footrest (Nicholas, figure 7a-d, item 725, end wall made of a panel moves) between a closed position in which the movable panel at least partially encloses a side of the footrest (Nicholas, figure 7a, item 725, panel in closed configuration enclosing a side of the footrest) and an open position in which the movable panel at least partially exposes the side of the footrest such that, in use, when the seat is in the second position and the panel is in the open position, a passenger can access the surface formed by the footrest and seat pan from an aisle through the partially exposed side of the footrest (Nicholas, figure 7c, item 725, panel in open configuration exposing a side of the footrest and thereby allowing passenger access to surface including the footrest from the lateral edge towards the aisle), except:
wherein the second position is in which a front edge of the seat pan touches the footrest such that the footrest and seat pan together form a continuous surface.
Wallace (US 20130241247 A1) teaches a seat comprising a seat pan and backrest (Wallace, figure 2, item 16, seat including seat pan and backrest), the seat having an upright sitting configuration in which the backrest is substantially upright (Wallace, figure 2, item 16, backrest is upright);
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from a footrest (Wallace, figure 2, item 18, seat pan spaced apart from footrest) to a second position in which a front edge of the seat pan touches the footrest such that the footrest and seat pan together form a continuous surface (Wallace, figure 3, items 14 and 18, seat pan is contiguous with the footrest and forms a continuous surface with the footrest).
Nicholas and Wallace are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the seat of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and the footrest of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Alternatively, should applicant argue that Nicholas as modified by Wallace fails to teach the contiguous, continuous surface claimed above, O’Neil (US 11312494 B2) teaches a seat with a seat pan and legrest, wherein a front edge of the seat pan is arranged contiguously with the footrest such that the legrest and seat pan together form a continuous surface (O’Neil, claim 11).
Nicholas as modified by Wallace and O’Neil are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the arrangement of the seat pan and footrest of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and a forward surface of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Claim(s) 11 and 13 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Nicholas (US 10501188 B2) or alternatively over Nicholas (US 10501188 B2) in view of Wallace (US 20130241247 A1) and/or O’Neil (US 11312494 B2) as applied to claim 1 above, and further in view of Pethier (US 11794902 B2).
Regarding claim 11, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 1, except:
wherein the movable panel is movably mounted via a hinge.
Pethier (US 11794902 B2) teaches a movable panel which is movably mounted via a hinge (Pethier, figure 5, item 86, hinge which mounts movable panel).
Nicholas and Pethier are both considered analogous art as they are both in the same field of aircraft personnel accommodations. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the movable panel of Nicholas with the panel and hinge allowing horizontal movement of Pethier with a reasonable expectation of success in order to reduce the disruption to other the access opening of other seats.
Regarding claim 13, Nicholas as modified by Pethier/ Nicholas as modified by Wallace and/or O’Neil and Pethier teaches an aircraft passenger seat unit according to claim 11, wherein the movable panel is mounted via a hinge and configured to be moved between the closed position and open position about a vertical axis located towards a side of the panel (Pethier, figure 3, item 86, hinge which mounts movable panel allows the panel to move a bout a vertical axis between an opened and closed position).
Claim(s) 11 and 12 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Nicholas (US 10501188 B2) in view of Pethier (US 11794902 B2) or alternatively Nicholas (US 10501188 B2) in view of Wallace (US 20130241247 A1) and/or O’Neil (US 11312494 B2) and Pethier (US 11794902 B2) as applied to claim 1 above, and further in view of Guering (US 20130126671 A1).
Regarding claim 11, Nicholas discloses/Nicholas as modified by Wallace teaches an aircraft passenger seat unit according to claim 1, except:
wherein the movable panel is movably mounted via a hinge.
Guering (US 20130126671 A1) teaches a movable panel which is movably mounted via a hinge (Guering, figures 5-8, items 20 and 38, movable panel mounted via hinge).
Nicholas and Guering are both considered analogous art as they are both in the same field of aircraft personnel accommodations. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the movable panel of Nicholas with the panel and hinge allowing vertical movement of Guering with a reasonable expectation of success in order to in order to reduce the disruption to other the access opening of other seats.
Regarding claim 12, Nicholas as modified by Guering/ Nicholas as modified by Wallace and/or O’Neil and Guering teaches an aircraft passenger seat unit according to claim 11,
wherein the movable panel is mounted via a hinge and configured to be moved between the closed position and open position about a horizontal axis located towards a bottom of the panel (Guering, figures 5-8, items 20 and 38, hinge allowing movable panel to be moved between the open and closed position about a horizontal axis which is located at the panel bottom).
Claim(s) 14-16 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Nicholas (US 10501188 B2) or alternatively over Nicholas (US 10501188 B2) in view of Wallace (US 20130241247 A1) and/or O’Neil (US 11312494 B2) as applied to claim 1 above, and further in view of Robinson (US 20170283064 A1).
Regarding claim 14, Nicholas discloses/Nicholas as modified by Wallace and/or O’Neil teaches an aircraft passenger seat unit according to claim 1, wherein the seat unit comprises a locking system configured to lock the movable panel in the closed position (Nicholas, col 13 lines 28-35, panel releasably locked in place), the lock system comprising:
- a latch positioned configured to engage to lock the movable panel in the closed position (Nicholas, col 13 lines 28-35, latch locks the movable panel in the closed position), except:
wherein the locking system comprises a plurality of latches positioned on the movable panel and configured to engage with a structure of the seat unit or vice verse to lock the movable panel in the closed position.
Robinson (US 20170283064 A1) teaches a movable panel locking system;
wherein the locking system comprises a plurality of latches (Robinson, figure 6, item 56 and 72, latches) positioned on the movable panel and configured to engage with a structure of the seat unit or vice verse to lock the movable panel in the closed position (Robinson, figure 3, items 34a and 32, latches attached to movable panel engage with seat unit structure locks the movable panel closed).
Nicholas and Robinson are both considered analogous art as they are both in the same field of aircraft passenger accommodations. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the invention of Nicholas with the locking system including multiple latches of Robinson with a reasonable expectation of success in order to provide redundancy to prevent panels from moving to the open position when undesired.
Regarding claim 15, Nicholas as modified by Robinson/ Nicholas as modified by Wallace and/or O’Neil and Robinson teaches an aircraft passenger seat unit according to claim 14, wherein the lock system comprises an actuatable member operable to disengage the latches so that the movable panel can be moved from the closed position to the open position (Robinson, figures 6 and 7a, item 58, 60, 74, latch controls disengage latches).
Regarding claim 16, Nicholas as modified by Robinson/ Nicholas as modified by Wallace and/or O’Neil and Robinson teaches an aircraft passenger seat unit according to claim 15, wherein the actuatable member is positioned on a surface of the movable panel that is adjacent the footrest when the panel is in the closed position (Robinson, figures 6 and 7a, latch controls are positioned on the panel; Nicholas, figure 7a-d, item 725, wall panel is adjacent to the footrest).
Regarding claim 19, Nicholas as modified by Wallace and/or O’Neil teaches the aircraft passenger seat unit according to claim 1, wherein the front edge of the seat pan touches the footrest when the seat is in the second position (Wallace, figure 3, items 16 and 18, seat pan touching footrest when seat is in a forward position).
Claim(s) 20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Nicholas (US 10501188 B2) or alternatively over Nicholas (US 10501188 B2) in view of Wallace (US 20130241247 A1) and/or O’Neil (US 11312494 B2) as applied to claim 1 above, and further in view of Pothier (US 11794902 B2).
Regarding claim 20, Nicholas as modified by Wallace and/or O’Neil teaches the aircraft passenger seat unit according to claim 1, wherein the movable panel is movably mounted with respect to the footrest and the movable panel is movable between the closed position and the open position (Nicholas, figures 7a-c, item 725), except:
wherein the movable panel is rotatably mounted with respect to the footrest and the movable panel is rotatable between the closed position and the open position.
Pothier (US 11794902 B2) teaches a movable panel rotatable with respect to the unit and the movable panel is rotatable between the closed position and the open position (Pothier, figure 5, item 118 and 86, movable panel rotatable along hinge between open and closed positions).
Nicholas as modified by Wallace and/or O’Neil and Pothier are both considered analogous art as they are both in the same field of aircraft cabin design. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the movable panel of Nicholas as modified by Wallace with the rotating movable panel of Pothier with a reasonable expectation of success in order to prevent the movable panel from encroaching on the entry into a forward seat.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as obvious over Nicholas (US 10501188 B2) in view of Wallace (US 20130241247 A1) and Davis (US 11299274 B1) or alternatively in view of  Wallace (US 20130241247 A1), Pothier (US 11794902 B2), and O’Neil (US 11312494 B2).
Regarding claim 22, Nicholas discloses an aircraft passenger seat unit, configured for use adjacent an aisle of an aircraft cabin, wherein:
the seat unit comprises a seat (Nicholas, figure 7a-d, item 709),
a footrest (Nicholas, figure 7b, item 726), and
a movable panel (Nicholas, figure 7a-d, item 725, end wall made of a panel moves);
the seat comprises a seat pan and backrest (Nicholas, figure 7c, items 715a and 715b, backrest and seat pan), the seat having an upright sitting configuration in which the backrest is substantially upright (Nicholas, figure 7a, item 715a, backrest is upright);
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from the footrest to a second position in which the seat including the seat pan is translated forwards (Nicholas, figures 1a-b, item 115b, seat may be translated forward/backward);
the movable panel is movable mounted with respect to the footrest (Nicholas, figure 7a-d, item 725, end wall made of a panel moves);
and the movable panel is movable between a closed position in which the movable panel at least partially encloses a side of the footrest (Nicholas, figure 7a, item 725, panel in closed configuration enclosing a side of the footrest) and an open position in which the movable panel at least partially exposes the side of the footrest such that, in use, when the seat is in the second position and the panel is in the open position, a passenger can access the surface formed by the footrest and seat pan from an aisle through the partially exposed side of the footrest (Nicholas, figure 7c, item 725, panel in open configuration exposing a side of the footrest and thereby allowing passenger access to surface including the footrest from the lateral edge towards the aisle), except:
wherein in the second position, the seat pan is arranged contiguously with the footrest such that the footrest and seat pan together form a continuous surface;
wherein the movable panel is rotatably mounted with respect to the footrest via a hinge and rotates between the closed and opened positions.
Wallace (US 20130241247 A1) teaches a seat comprising a seat pan and backrest (Wallace, figure 2, item 16, seat including seat pan and backrest), the seat having an upright sitting configuration in which the backrest is substantially upright (Wallace, figure 2, item 16, backrest is upright);
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from a footrest (Wallace, figure 2, item 18, seat pan spaced apart from footrest) to a second position in which the seat pan arranged contiguously with the footrest such that the footrest and seat pan together form a surface (Wallace, figure 3, items 14 and 18, seat pan is contiguous with the footrest and forms a continuous surface with the footrest).
Nicholas and Wallace are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the seat of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and the footrest of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Pothier (US 11794902 B2) teaches a movable panel rotatable with respect to the unit and the movable panel is rotatable between the closed position and the open position (Pothier, figure 5, item 118 and 86, movable panel rotatable along hinge between open and closed positions).
Nicholas as modified by Wallace and/or O’Neil and Pothier are both considered analogous art as they are both in the same field of aircraft cabin design. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the movable panel of Nicholas as modified by Wallace with the rotating movable panel of Pothier with a reasonable expectation of success in order to prevent the movable panel from encroaching on the entry into a forward seat.
Alternatively, should applicant argue that Nicholas as modified by Wallace fails to teach the contiguous, continuous surface claimed above, O’Neil (US 11312494 B2) teaches a seat with a seat pan and legrest, wherein a front edge of the seat pan is arranged contiguously with the footrest such that the legrest and seat pan together form a continuous surface (O’Neil, claim 11).
Nicholas as modified by Wallace and O’Neil are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the arrangement of the seat pan and footrest of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and a forward surface of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Response to Arguments
Applicant’s arguments, see pages 7-8 of applicant’s reply, filed 06/03/2024, with respect to the rejection under 35 USC 112(b) to claims 6 and drawing objections have been fully considered and are persuasive.  These rejections/objections have been withdrawn.
Applicant's arguments filed 06/03/2024 have been fully considered but they are not persuasive. Applicant argues that:
Nicholas fails to meet new claim limitations requiring spacing between the table surface spaced from the footrest along a longitudinal axis.
The examiner respectfully disagrees. Per the claim mapping in the rejections above, the seat pan is longitudinally spaced from the footrest as required by the claim.
Nicholas fails to meet new claim limitations requiring that, in the second position, the front edge of the seat pan be arranged contiguously with the footrest so that the footrest and seatpan require a continuous surface
This argument is moot because current rejection relies on Wallace to teach this aspect of the claim.
Nicholas fails to teach or suggest new claim limitations requiring that a passenger can access the continuous surface … across a lateral edge of the seat pan.
The examiner respectfully disagrees. This limitation is met by Nicholas as required. See the above citation regarding claim 1 (Nicholas, figure 7a-d, items 715a-c and 726, leg rest bridges gap of the access path between the seat pan and the footrest arranged contiguously to form a continuous surface when extended). Furthermore, this limitation amounts to functional language, and thus Nicholas merely needs to be capable of meeting the function.
One of ordinary skill in the art could not combine Nicholas and Wallace because of differences in the sizing of the Ottoman in Wallace and because Wallace shows a sit up and a lie down configuration
In response to applicant's argument that the ottoman of Wallace could not be co, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references.  Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art.  See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case Wallace is used to teach the arrangement of the seat pan and footrest, not the upright or lie flat positions of the seat or the size of the ottoman. As such, this argument is not persuasive and the rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Davis (US 11299274 B1) teaches a movable panel but for the seat rather than the footrest
Dowty (US 11345476 B2) teaches a movable panel between seats that seems to obstruct footrest when closed
Katakura (US 11731764 B2) teaches a movable armrest for the seat
Wallace (US 20130241258 A1) teaches a moveable door panel
Henshaw (US 9469405 B2) teaches a seat with a movable panel
O’Neil (US 11312494 B2) teaches a seat with a legrest and seatpan which together form a continuous surface.
Davis (US 11299274 B1) teaches a movable panel rotatable with respect to the seat unit and the movable panel is rotatable between the closed position and the open position (Davis, figure 1, item 200, rotation assembly allows panel to rotate with respect to seat).

APPLICANT REBUTTAL: REMARKS
I.
Introduction
Upon entry of the present amendment, claims 1, 4, 5, 8-16, and 20-23 will be pending in this application. Claims 1, 21, and 22 have been amended, claim 19 has been canceled without prejudice or disclaimer, and new claim 23 has been added. Support for amendments can be found at least in FIGS. 2-3 of the published application. No new matter is added. Based on the following remarks, Applicant respectfully requests reconsideration and allowance of the pending claims.
II.
Drawing Objection
The drawings are objected to a line pointing to a footrest with no numbering. FIG. 4 has been amended to include reference number "209" pointing to the footrest. Accordingly, Applicant requests reconsideration and withdrawal of drawing objection.
III.
Claim Re
j
ections under 35 U.S.C.
&
Claims 1, 4-5, 8-16, and 19-22 are rejected under 35 U.S.C. § 112(a) and § 112(b) as due to the term "continuous surface" for reasons noted in the office action at pages 2-3. Without acknowledging the propriety of rejections, Applicant has amended the claims to delete the term "continuous" solely to expediate prosecution. Accordingly, Applicant requests reconsideration and withdrawal of § 112 rejections.
IV.
Claim Re
j
ections under 35 U.S.C.
&
&
Claims 1, 4-5, 8-10, and 21 are rejected under 35 U.S.C. § 102 as allegedly being anticipated by U.S. Patent No. 10,501,188 B2 to Nicholas et al. ("Nicholas") or, in the alternative, under 35 U.S.C. § 103 as allegedly being unpatentable over Nicholas in view of U.S. Patent Publication No. 2013/0241247 Al to Wallace et al. ("Wallace"), in view of U.S. Patent No. 11,312,494 B2 to O'Neill et al. ("O'Neill"). Claims 11 and 13 are rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Nicholas, or alternatively over Nicholas in view of Wallace, in view of O'Neill as applied to claim 1 above, in view of U.S. Patent No. 11,794,902 B2 to Pothier ("Pothier"). Claims 11-12 are rejected under 35 U.S.C. § 103 as allegedly being
unpatentable over Nicholas in view of Pothier, or alternatively over Nicholas in view of Wallace, in view of O'Neill, in view of Pothier as applied to claim 1 above, in view of U.S. Patent Publication No. 2013/0126671 Al to Guering ("Guering"). Claims 14-16 are rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Nicholas, or alternatively over Nicholas in view of Wallace, in view of O'Neil as applied to claim 1 above, in view of U.S. Patent Publication No. 2017/0283064 Al to Robinson ("Robinson"). Claim 20 is rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Nicholas, or alternatively over Nicholas in view of Wallace, in view of O'Neil, in view of Pothier as applied to claim 1 above. Claim 22 is rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Nicholas in view of Wallace, in view of U.S. Patent No. 11,299,274 B1 to Davis et al. ("Davis") or alternatively in view of Wallace in view of Pothier, in view of O'Neil. Applicant traverses this rejection and requests its withdrawal.
Independent claim 1 has been amended solely to expedite prosecution of this case. Claim 1, as amended, inter alia, recites:
...wherein the seat unit does not include a leg rest extending
from the seat,
the seat comprises a seat pan without the leg rest directly
extending from the seat pan, and backrest...
...in the second position of the seat the front edge of the seat
pan touches the footrest such that the footrest and seat pan together
form a surface without the leg rest
The cited references fail to teach or suggest all the features recited in amended claim 1.
Support for the amended claims can be found at least in the figures of the as-filed specification. For example, FIG. 1 clearly shows the seat unit does not include a leg rest directly extending from the seat pan 119. FIGS. 2-3 clearly shows the front edge of the seat pan touches the footrest in the second position.
Nicholas describes a seat unit having a seat pan 515b, a leg rest 515c, and an ottoman 526 of a foot-receiving structure 523, see FIG. Sd below for references. The 3-pieces 515b, 515c, and 526 of the seat unit cooperate to form a coplanar "transfer surface" to allow disabled-access configuration. Additionally, an end wall 525 can be removed (and later reattached) to widen an opening 533 from 13 inches to 20 inches. In another embodiments, in FIG. 7a-7d, the end wall 725 is slidable to widen the opening to 20 inches.
On the contrary, the claimed seat unit does
n
o
t
have a leg rest (as amended above) as the seat pan 209 touches the footrest 219 (shaded in blue), as shown in FIG. 2 (see below) and FIG.
3 of the present application.
Fig. 5d Nicholas
Fig. 2 Present application
Wallace does shows a seat bottom 16 touches the ottoman 18 and does not have a leg rest. However, Nicholas cannot reasonably be modified in view of Wallace because none of the embodiments suggest the leg rest in Nicholas can be removed, rather it is part of the 3-piece seat unit (seat pan, leg rest, and ottoman) sized for disabled access function e.g., for creating coplanar transfer surface. Even assuming arguendo the leg rest is removed, the seat size or ottoman size of Nicholas will increase significantly preventing disabled access and will
not
be able to meet a minimum 13 inches access opening in normal configuration, thereby violating purpose of Nicholas. If a smaller seat size is used, the seat back of Nicholas will need to be in lie-flat position to create the planar transfer surface, rather than in an upright position as intended by Nicholas. This can be undesirable for disabled access requiring an upright seat back.
For at least the reasons presented above, Applicant respectfully submits that amended independent claim 1 is not anticipated or rendered obvious by Nicholas, Wallace, or other cited
references, alone or in   combination. Independent claim    21 and 22
similarly recites
aforementioned features of claim 1, and as such these claims are also believed allowable for similar reasons as above. Dependent claims are believed allowable at least due to their dependence from the independent claim 1 as well as the features they recite individually. Accordingly, Applicant respectfully requests that the 35 U.S.C. § 102 and § 103 rejections be withdrawn and that these claims be allowed.
V.
New Claims
Claim 23 is new. Support for this new claim can be found, for example, in the FIG. 2. No new matter has been added. Applicant submits that claim 23 is allowable at least for the reason of its dependence upon allowable base claim 1 and for the reason that its additional recitals further distinguish them from the cited references.
For example, the cited references cannot reasonably be combined to describe "the movable panel is configured to rotate into the aisle when moving from the closed position to the open position" to provide access to footrest.
Nicholas, in FIGs. 7a-d, shows the wall 725 is slidable to "widen the access opening from 13 inches to 20 inches" in the disabled-access configuration. In another embodiment of FIG. 5a, discussed above, the wall 525 is removable. Nowhere does Nicholas suggest the wall 525 or 725 can open into the aisle. None of the other references show a panel hingedly coupled to open into the aisle.
Pethier, in FIG. 5, shows the wall 80 is rotatable, but it rotates inward, not into the aisle. For example, Pethier clearly recites "In the opened position, the reconfigurable wall element 80 is pivoted so that the second edge 84 is
interior
to the lavatory enclosure 14." Walls of lavatory enclosure are very different from wall of a seat unit at least in terms of size and functional limitations. A person of ordinary skill will not be motivated to modify a slidable wall or a removable wall of a seat unit (in Nicholas) to a rotatable wall of a lavatory. Such modification can require substantial structural modifications to the seat structure because seat spacing is very limited, and includes other seat components/accessories (e.g., console, monitor, etc.) which may also need modification. Secondly, modifying Nicholas' slidable wall 725 to a rotatable wall will not guarantee the wider access from 13 inches to 20 inches, which is required in the disabled- access configuration. Even assuming, arguendo, Nicholas is modified in view of Pethier, the
panel has to move
inward,
not into the aisle, which defeats the purpose of Nicholas of having wide opening.
Favorable consideration of this new claim is respectfully requested.
CONCLUSION

NEXT OFFICE ACTION: 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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Allowable Subject Matter
Claims 1, 4-5, 8-16, and 21-23 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, Nicholas (US 10501188 B2) discloses an aircraft passenger seat unit (Nicholas, figures 7a-d, item 709), configured for use adjacent an aisle of an aircraft cabin (Nicholas, figures 1e and 7a-d, item 111, seat units adjacent aircraft aisle), wherein the seat unit comprises:
- a console (Nicholas, figure 7a-d, item 729)
- a seat (Nicholas, figure 7a-d, item 709),
- a footrest (Nicholas, figure 7b, item 726), and
- a movable panel (Nicholas, figure 7a-d, item 725, end wall made of a panel moves),
the console is positioned on an aisle side of the seat unit and is spaced apart from the footrest along a longitudinal axis of the aircraft cabin to define an access path between the console and the footrest, the access path providing passenger access into the seat unit from the aisle (Nicholas, figure 7a-d, item 733, access path between console and footrest);
the seat comprises a seat pan and backrest (Nicholas, figure 7c, items 715a and 715b, backrest and seat pan), the seat having an upright sitting configuration in which the backrest is substantially upright (Nicholas, figure 7a, item 715a, backrest is upright);
the seat is movable in the upright sitting configuration from a first position to a second position;
in the first position of the seat a front edge of the seat pan is spaced apart from the footrest such that the console is positioned between a lateral edge of the seat pan and the aisle and such that the lateral edge of the seat pan is spaced apart from the access path (Nicholas, figure 7a-d, items 715a-c, 726, and 729, seat spaced apart from the footrest in a first position; console between seat pan and aisle),
in the second position of the seat the front edge of the seat pan is arranged contiguously with the footrest such that the footrest and seat pan together form a continuous surface and such that the lateral edge of the seat pan is positioned in the access path, between the console and the footrest (Nicholas, figure 7a-d, items 715a-c and 726, leg rest bridges gap of the access path between the seat pan and the footrest arranged contiguously to form a continuous surface when extended); and
the moveable panel being movable with respect to the footrest between a closed position in which the movable panel at least partially encloses a side of the footrest (Nicholas, figure 7a, item 725, panel in closed configuration enclosing a side of the footrest) and an open position in which the movable panel at least partially exposes the side of the footrest such that, in use, when the panel is in the open position, a passenger can access the continuous surface formed by the footrest and seat pan from the aisle through the partially exposed side of the footrest and across the lateral edge of the seat pan (Nicholas, figure 7c, item 725, panel in open configuration exposing a side of the footrest and thereby allowing passenger access to surface including the footrest from the lateral edge towards the aisle), except:
wherein the seat unit does not include a leg rest.
Wallace (US 20130241247 A1) teaches a seat comprising a seat pan and backrest wherein the seat unit does not include a leg rest extending from the seat (Wallace, figure 2, item 16, seat including seat pan and backrest), the seat having an upright sitting configuration in which the backrest is substantially upright (Wallace, figure 2, item 16, backrest is upright);
the seat is movable in the upright sitting configuration from a first position in which the seat pan is spaced apart from a footrest (Wallace, figure 2, item 18, seat pan spaced apart from footrest) to a second position in which the seat pan arranged contiguously with the footrest such that the footrest and seat pan together form a surface (Wallace, figure 3, items 14 and 18, seat pan is contiguous with the footrest and forms a continuous surface with the footrest).
Nicholas and Wallace are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the seat of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and the footrest of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Alternatively, should applicant argue that Nicholas as modified by Wallace fails to teach the contiguous, continuous surface claimed above, O’Neil (US 11312494 B2) teaches a seat with a seat pan and legrest, wherein a front edge of the seat pan is arranged contiguously with the footrest such that the legrest and seat pan together form a continuous surface (O’Neil, claim 11).
Nicholas as modified by Wallace and O’Neil are both considered analogous art as they are both in the same field of aircraft seating. It would have been obvious before the effective filing date of the application for one of ordinary skill in the art to modify the arrangement of the seat pan and footrest of Nicholas with the seat forming a contiguous and continuous surface between the seat pan and a forward surface of Wallace with a reasonable expectation of success in order to prevent occupant discomfort from having feet becoming wedged in a gap between the seat pan and footrest.
Dowty (US 20200385125 A1) also teaches a seat unit wherein the seat unit does not include a leg rest extending from the seat;
wherein the seat comprises a seat pan without the leg rest directly extending form the seat pan;
wherein the seat is movable from a first position to a second position wherein in the second position of the seat the front edge of the seat pan touches the footrest such that the footrest and seat pan together from a surface without the leg rest (Dowty, figures 1 and 4b, item 106 and 114).
However, it would not have been obvious to modify the seat of Nicholas to remove the legrest, because there would be no reason to remove the legrest.
Claims 21 and 22 are allowed for incorporating the same allowable subject matter.
Claims 4-5, 8-16, and 23 are allowed for being dependent on an allowable claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, see pages 9-12 of applicant’s reply, filed 12/16/2024, with respect to the drawing objections and rejection under 35 USC 112 and 35 USC 102/103 to claims 1, 4-5, 8-16, and 19-22 have been fully considered and are persuasive.  These rejections/objections have been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Davis (US 11299274 B1) teaches a movable panel but for the seat rather than the footrest
Dowty (US 11345476 B2) teaches a movable panel between seats that seems to obstruct footrest when closed
Katakura (US 11731764 B2) teaches a movable armrest for the seat
Wallace (US 20130241258 A1) teaches a moveable door panel
Henshaw (US 9469405 B2) teaches a seat with a movable panel
O’Neil (US 11312494 B2) teaches a seat with a legrest and seatpan which together form a continuous surface.
Davis (US 11299274 B1) teaches a movable panel rotatable with respect to the seat unit and the movable panel is rotatable between the closed position and the open position (Davis, figure 1, item 200, rotation assembly allows panel to rotate with respect to seat).
Hankinson (US 8419123 B2) teaches leg rest being moved to the footrest instead
Park (US 20090302158 A1) teaches a leg rest attached to footrest

CITED REFERENCE SUMMARIES: Ref US11299274B1: Claims:
An aircraft passenger compartment, comprising: an accessibility door; a privacy shell, the accessibility door coupled to the privacy shell via at least one actuation assembly, the accessibility door configured to actuate between an open position and a closed position via the at least one actuation assembly, the at least one actuation assembly including: at least one rotation assembly and at least one translation assembly, the accessibility door and the privacy shell separated by a distance configured to change as the accessibility door actuates between the open position and the closed position, the accessibility door configured to actuate between the open position and the closed position via the at least one rotation assembly and the at least one translation assembly, the accessibility door configured to rotate about one or more vertical axes into an open position against the privacy shell via the at least one rotation assembly and the accessibility door configured to translate along at least one track and at least one slider, the accessibility door including a range of actuation having a select angle of rotation between the closed position and the open position via the at least one rotation assembly, the angle of rotation increasing during the transition between the closed position and the open position, the angle of rotation decreasing during the transition between the open position and the closed position; an aircraft seat; and a privacy shell base, the privacy shell being coupled to the privacy shell base, at least a portion of the privacy shell configured to conform to at least a portion of the aircraft seat, the privacy shell base configured to support the accessibility door at a height above a floor of an aircraft cabin including the aircraft passenger compartment, the height selected to allow access to the aircraft seat over the privacy shell base when the accessibility door is in the open position.
an accessibility door;
a privacy shell, the accessibility door coupled to the privacy shell via at least one actuation assembly, the accessibility door configured to actuate between an open position and a closed position via the at least one actuation assembly, the at least one actuation assembly including: at least one rotation assembly and at least one translation assembly, the accessibility door and the privacy shell separated by a distance configured to change as the accessibility door actuates between the open position and the closed position, the accessibility door configured to actuate between the open position and the closed position via the at least one rotation assembly and the at least one translation assembly, the accessibility door configured to rotate about one or more vertical axes into an open position against the privacy shell via the at least one rotation assembly and the accessibility door configured to translate along at least one track and at least one slider, the accessibility door including a range of actuation having a select angle of rotation between the closed position and the open position via the at least one rotation assembly, the angle of rotation increasing during the transition between the closed position and the open position, the angle of rotation decreasing during the transition between the open position and the closed position;
an aircraft seat; and
a privacy shell base, the privacy shell being coupled to the privacy shell base, at least a portion of the privacy shell configured to conform to at least a portion of the aircraft seat, the privacy shell base configured to support the accessibility door at a height above a floor of an aircraft cabin including the aircraft passenger compartment, the height selected to allow access to the aircraft seat over the privacy shell base when the accessibility door is in the open position.
The aircraft passenger compartment of claim 1 , the privacy shell including one or more privacy shell elements, at least one privacy shell element of the one or more privacy shell elements configured to conform to the at least the portion of the aircraft seat.
The aircraft passenger compartment of claim 1 , the at least one slider configured to actuate along the at least one track.
The aircraft passenger compartment of claim 3 , the at least one track coupled to the privacy shell base, the at least one slider coupled to the accessibility door.
The aircraft passenger compartment of claim 1 , comprising: an interlocking assembly, the interlocking assembly configured to couple the accessibility door to the privacy shell base when the accessibility door is in the closed position.
an interlocking assembly, the interlocking assembly configured to couple the accessibility door to the privacy shell base when the accessibility door is in the closed position.
The aircraft passenger compartment of claim 5 , the accessibility door configured to operate as a privacy shell element of the privacy shell when the accessibility door is in the closed position and the interlocking assembly couples the accessibility door to the privacy shell base.
The aircraft passenger compartment of claim 1 , the at least one rotation assembly including a first linkage and a second linkage, the first linkage and the second linkage each being coupled to the privacy shell via one or more hinge joints, the first linkage and the second linkage each being coupled to the accessibility door via one or more additional hinge joints.
The aircraft passenger compartment of claim 7 , the first linkage being greater in length than the second linkage.
The aircraft passenger compartment of claim 7 , at least one of the first linkage or the second linkage including a curved section.
The aircraft passenger compartment of claim 1 , comprising: an armrest, the armrest configured to be actuated between a stowed position and a deployed position, the armrest configured to be in the stowed position to allow access to the aircraft seat over the armrest when the accessibility door is in the open position.
an armrest, the armrest configured to be actuated between a stowed position and a deployed position, the armrest configured to be in the stowed position to allow access to the aircraft seat over the armrest when the accessibility door is in the open position.
The aircraft passenger compartment of claim 10 , the privacy shell base configured to conform to a portion of the armrest when the armrest is in the stowed position.
The aircraft passenger compartment of claim 11 , a top surface of the privacy shell base and a top surface of the armrest being the height from the floor of the aircraft cabin.
An aircraft passenger compartment, comprising: a privacy shell, the accessibility door coupled to the privacy shell via at least one actuation assembly, the accessibility door configured to actuate between an open position and a closed position via the at least one actuation assembly, the at least one actuation assembly including: at least one rotation assembly and at least one translation assembly, the accessibility door and the privacy shell separated by a distance configured to change as the accessibility door actuates between the open position and the closed position, the accessibility door configured to actuate between the open position and the closed position via the at least one rotation assembly and the at least one translation assembly, the accessibility door configured to rotate about one or more vertical axes into an open position against the privacy shell via the at least one rotation assembly and the accessibility door configured to translate along at least one track and at least one slider, the accessibility door including a range of actuation having a select angle of rotation between the closed position and the open position via the at least one rotation assembly, the angle of rotation increasing during the transition between the closed position and the open position, the angle of rotation decreasing during the transition between the open position and the closed position; an aircraft seat; and a privacy shell base, the privacy shell being coupled to the privacy shell base, at least a portion of the privacy shell configured to conform to a backrest of the aircraft seat, the privacy shell base configured to support the accessibility door at a height above a floor of an aircraft cabin including the aircraft passenger compartment, the height selected to allow access to the aircraft seat over the privacy shell base when the accessibility door is in the open position.
a privacy shell base, the privacy shell being coupled to the privacy shell base, at least a portion of the privacy shell configured to conform to a backrest of the aircraft seat, the privacy shell base configured to support the accessibility door at a height above a floor of an aircraft cabin including the aircraft passenger compartment, the height selected to allow access to the aircraft seat over the privacy shell base when the accessibility door is in the open position.
Ref US11312494B2: Claims:
A vehicular seating suite configuration comprising: a plurality of vertically stacked seating suites configured to be positioned within a vehicle, each seating suite comprising: a generally horizontal seating portion, and a generally horizontal bed portion adjacent to the generally horizontal seating portion, wherein a distal end of at least one generally horizontal bed portion of the plurality of seating suites of a first vehicular seating suite configuration is configured to at least partially overlap a distal end of at least one adjacent generally horizontal bed portion of a plurality of seating suites of a second vehicular seating suite configuration.
a plurality of vertically stacked seating suites configured to be positioned within a vehicle, each seating suite comprising:
a generally horizontal seating portion, and
a generally horizontal bed portion adjacent to the generally horizontal seating portion,
wherein a distal end of at least one generally horizontal bed portion of the plurality of seating suites of a first vehicular seating suite configuration is configured to at least partially overlap a distal end of at least one adjacent generally horizontal bed portion of a plurality of seating suites of a second vehicular seating suite configuration.
The vehicular seating suite configuration of claim 1 , wherein the generally horizontal seating portion is aligned with a longitudinal axis of the vehicle and the generally horizontal bed portion is angled away from the longitudinal axis of the vehicle.
The vehicular seating suite configuration of claim 1 , further comprising: a generally vertical backrest portion adjacent to a proximal end of the generally horizontal seating portion.
The vehicular seating suite configuration of claim 1 , further comprising: a ladder disposed between a lower seating suite and an upper seating suite.
The vehicular seating suite configuration of claim 1 , further comprising: at least one storage compartment disposed beneath at least a portion of a lower seating suite.
The vehicular seating suite configuration of claim 1 , each seating suite further comprising: a tray table adjacent to the generally horizontal seating portion.
The vehicular seating suite configuration of claim 1 , wherein each seating suite is at least partially enclosed.
The vehicular seating suite configuration of claim 1 , each seating suite further comprising: a footwell adjacent to the generally horizontal seating portion, and a removable footwell cover adjacent to the footwell.
a footwell adjacent to the generally horizontal seating portion, and
a removable footwell cover adjacent to the footwell.
The vehicular seating suite configuration of claim 8 , wherein the removable footwell cover is configured to provide a continuous surface from the generally horizontal seating portion and the generally horizontal bed portion across the footwell.
The vehicular seating suite configuration of claim 1 , wherein the generally horizontal seating portion includes: a seat pan, and a leg rest coupled to the seat pan.
a leg rest coupled to the seat pan.
The vehicular seating suite configuration of claim 10 , wherein the seat pan and leg rest are configured to provide a continuous surface across the seat pan, the leg rest, and the generally horizontal bed portion.
The vehicular seating suite configuration of claim 1 , wherein an upper seating suite is horizontally offset from the lower seating suite along a longitudinal axis of the vehicle.
The vehicular seating suite configuration of claim 1 , wherein the vehicular seating suite configuration is positioned within an aircraft.
A vehicular seating suite configuration comprising: a plurality of vertically stacked seating suites configured to be positioned within a vehicle, each seating suite comprising: an elongated generally horizontal seating surface; and a generally vertical backrest portion adjacent to a proximal end of the elongated generally horizontal seating surface; wherein the elongated generally horizontal seating surface and the generally vertical backrest portion are configured to accommodate a person in a sitting position; wherein the elongated generally horizontal seating surface is configured to accommodate a person in a lying position; and a ladder integrated into a lower seating suite and configured to provide access to an upper seating suite; wherein the ladder includes a support mechanism that provides an armrest adjacent to the generally vertical backrest portion of the upper seating suite.
an elongated generally horizontal seating surface; and
a generally vertical backrest portion adjacent to a proximal end of the elongated generally horizontal seating surface;
wherein the elongated generally horizontal seating surface and the generally vertical backrest portion are configured to accommodate a person in a sitting position;
wherein the elongated generally horizontal seating surface is configured to accommodate a person in a lying position; and
a ladder integrated into a lower seating suite and configured to provide access to an upper seating suite;
wherein the ladder includes a support mechanism that provides an armrest adjacent to the generally vertical backrest portion of the upper seating suite.
The vehicular seating suite configuration of claim 14 , wherein the vehicular seating suite configuration is positioned within an aircraft.
Ref US11794902B2: Claims:
A lavatory enclosure, reconfigurable between a non-emergency configuration and an emergency configuration, the lavatory enclosure comprising: a first wall; a second wall disposed apart from the first wall by a width; a third wall extending between the first wall and the second wall; a fourth wall disposed apart from the third wall by a depth and extending between the first wall and the second wall; a doorway defined in the third wall, extending along at least a portion of the width; a door having a first side, a second side, an upper end, and a lower end, the door being disposed in the doorway, wherein the first side of the door is adjacent to the first wall when the door is closed, the second side of the door is adjacent to the second wall when the door is closed, in the non-emergency configuration, the door pivots around a first axis disposed on the second side of the door, adjacent to the second wall, and, in the emergency configuration, the door pivots around a second axis disposed on the first side of the door; a reconfigurable wall element having a first edge and a second edge, the reconfigurable wall element being disposed in the second wall; and a hinge disposed along the first edge of the reconfigurable wall element, wherein, in the non-emergency configuration, the reconfigurable element is flush with the second wall, and, in the emergency configuration, the second edge of the reconfigurable wall element is pivoted so that the second edge is interior to the lavatory enclosure, wherein, in the non-emergency configuration, the second edge of the reconfigurable wall element abuts against the second side of the door, wherein, in the emergency configuration, the reconfigurable wall element establishes an opening in the second wall, and wherein, in the emergency configuration, the opening in the second wall accommodates a stretcher.
a second wall disposed apart from the first wall by a width;
a third wall extending between the first wall and the second wall;
a fourth wall disposed apart from the third wall by a depth and extending between the first wall and the second wall;
a doorway defined in the third wall, extending along at least a portion of the width;
a door having a first side, a second side, an upper end, and a lower end, the door being disposed in the doorway, wherein the first side of the door is adjacent to the first wall when the door is closed, the second side of the door is adjacent to the second wall when the door is closed, in the non-emergency configuration, the door pivots around a first axis disposed on the second side of the door, adjacent to the second wall, and, in the emergency configuration, the door pivots around a second axis disposed on the first side of the door;
the first side of the door is adjacent to the first wall when the door is closed,
the second side of the door is adjacent to the second wall when the door is closed,
in the non-emergency configuration, the door pivots around a first axis disposed on the second side of the door, adjacent to the second wall, and,
in the emergency configuration, the door pivots around a second axis disposed on the first side of the door;
a reconfigurable wall element having a first edge and a second edge, the reconfigurable wall element being disposed in the second wall; and
a hinge disposed along the first edge of the reconfigurable wall element,
wherein, in the non-emergency configuration, the reconfigurable element is flush with the second wall, and, in the emergency configuration, the second edge of the reconfigurable wall element is pivoted so that the second edge is interior to the lavatory enclosure,
wherein, in the non-emergency configuration, the second edge of the reconfigurable wall element abuts against the second side of the door,
wherein, in the emergency configuration, the reconfigurable wall element establishes an opening in the second wall, and
wherein, in the emergency configuration, the opening in the second wall accommodates a stretcher.
The lavatory enclosure of claim 1 , wherein the door is a bi-fold door.
The lavatory enclosure of claim 1 , wherein the third wall comprises a transom panel above the door with a track attached thereto.
The lavatory enclosure of claim 3 , wherein the door further comprises: a pivot disposed at the upper end on the first side, wherein the pivot slides in the track, permitting the door to be opened, and wherein the pivot establishes the second axis in the emergency configuration.
a pivot disposed at the upper end on the first side,
wherein the pivot slides in the track, permitting the door to be opened, and
wherein the pivot establishes the second axis in the emergency configuration.
The lavatory enclosure of claim 1 , wherein the door further comprises: a first, releasable pivot disposed at the upper end on the second side; and a second, releasable pivot disposed at the lower end on the second side, wherein the first and second, releasable pivots permit the door to be opened and closed by rotating around the first axis in the non-emergency configuration, and wherein the first and second releasable pivots may be disengaged from associated brackets to permit the door to be moved adjacent to the first wall when the reconfigurable wall element is moved to the opened position in the emergency configuration.
a first, releasable pivot disposed at the upper end on the second side; and
a second, releasable pivot disposed at the lower end on the second side,
wherein the first and second, releasable pivots
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