BoSoxFan45, from the looks of this, the Silver arrived, out of breath, and just as they were closing the doors. I imagine either he just made the flight or was on a later one and told he might be able to make this one. In any event with 3 seats still open--on a flight from ORD to EWR at 7 am--he was welcomed to any FC seat.
Catman, yes you can ask at the PC or when just checking in at any CO counter. They should be able to upgrade you if seats are still available.