October 11, 2025
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 .
Response to Amendment
Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive.
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 1-7, 10, and 13-16 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.
In claim 1, line 9, the limitation “a coupling portion configured to provide a substantially flush mounting surface” is unclear and confusing. Applicant does not specify what is flush with the “mounting surface” or to what the “coupling portion” is flush. It is not clear how the “coupling portion” is a “flush mounting surface”>
The aforementioned problem renders the claims vague and indefinite. Clarification and/or correction is required.
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.
Claims 1-7, 10, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tiffany (U.S. Patent No. 9,095,221 B1) in view of Maier et al. (U.S. Patent No. 6,256,819 B1) and Hanson et al. (U.S. Patent No. 5,950,263).
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Tiffany teaches the structure substantially as claimed including an extendable cushion assembly, comprising: a cushion 10 that is movable between an extended state (Fig. 2) and a retracted state (Fig. 1); and a base 30,32 upon which the cushion is removably coupled; wherein the base 98,100 is movable between an extended state and a retracted state; wherein when the cushion is coupled to the base and when the base adopts the extended state or the retracted state, the cushion is also configured to adopt the extended or the retracted state respectively (see Figures 3-4). Tiffany teaches attachment means 91,93 that can be used for coupling a structure beneath the cushion 10 base and the cushion respectively. Tiffany also teaches that the one or more support portions comprise releasable connectors for releasably coupling the support portions to the base and the cushion respectively (see column 9, lines 32-35 and 53-56 where it reads “Joining alternatively may be by fasteners or other connector means, such as by hook and loop fasteners (Velcro), or any other suitable means for attaching a foam mattress to a rigid or semi-rigid furniture frame.”, and “Joining alternatively may be by fasteners or other connector means, such as by hook and loop fasteners (Velcro) or any other suitable means for attaching a foam mattress to a rigid or semi-rigid furniture frame.”). Tiffany does not teach a plurality of support portions for supporting one or more body parts of a user which are coupled between the cushion and the base, wherein the plurality of support portions are shaped and dimensioned to substantially conform, at least in part, to the one or more body parts of the user which they are configured to support nor it clear that it teaches a coupling portion configured to provide a substantially flush mounting surface, the coupling portion comprising releasable coupling means for attachment to the base and to the plurality of support portions.
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However, Maier et al. teach a plurality of support portions 10,12 for supporting one or more body parts of a user which can be coupled between the cushion and the bass of Tiffany (See Fig. 2 where Maier et al. shows how a similar cushion 40 is secured to the top surfaces of the support portions 10,12) , wherein the plurality of support portions 10,12 are shaped and dimensioned to substantially conform, at least in part, to the one or more body parts of the user which they are configured to support (see Figures 1-2 where the support potions show “regions 28 and 30” which conform to the support left and right legs of a patient and central reduced area 32 relative to its lateral upper support surfaces 34 and 36 help transfer support pressures from the buttocks and ischial area to the lower surfaces of the legs received above support areas 28 and 30), wherein when the cushion 10 is coupled to the base and when the base adopts the extended state or the retracted state, the cushion is also configured to adopt the extended stats or the retracted state respectively, just as the cushion 40 of Maier et al. adopts the shape of the support portions 10,12, as seen in Figures 3 and 5-6; wherein each support portion comprises releasable coupling means on a first side for attachment to the coupling portion and on a second side for attachment to the cushion, such that the support portions are individually removable and repositionable along the coupling portion to vary their spacing in accordance with the user’s dimensions. As for claims 10 and 16, Maier et al. teach that the plurality of support portions comprise a thigh support; and/or a posterior support; wherein the wheelchair comprises first and second extendable cushion assemblies, wherein the first cushion assembly comprises a base cushion of the wheelchair and the second cushion assembly comprises a back cushion of the wheelchair. As for claim 13, Maier et al. teach attachment means for securing the support portions to a support structure (see the specification where it reads “It will be further understood by those of ordinary skill in the art that the two piece base simultaneously provides a filler for support structure while also serving as a base for contoured support of the upper support element. Such combination may be formed through use of variously commercially available glues such as for use with open cell polyurethane materials” The support portions 10,12 can also be attached to movable base sections 30,32 of Tiffany using the same attachments 91,93 used to secure the cushion 10 of Tiffany to the movable base sections 30,32. Maier et al. also teach that the support apparatus comprises a wheelchair, as defined in claim 15.
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Hanson et al. teach the concept of a coupling portion 30 configured to provide a substantially flush mounting surface, the coupling portion comprising releasable coupling means for attachment to the base and to the plurality of support portions (see the specification at column 6, lines 17-21 where it reads “These seat stiffeners 30 are preferentially made of a VELCRO-type fastener”). It would have been obvious and well within the ordinary skill in the art to use the support portions 10,12, as taught by Maier et al., to secure them under the cushion 10 between cushion 10 and the movable base sections 30,32, so that the support portions 10,12 define an overall predetermined contoured approach to support of a patient and form an ischial receiving area and help position the patient or user accordingly as well as transfer support pressures from the buttocks and ischial area to the lower surfaces of the legs received above support areas. It would have been obvious and well within the ordinary skill in the art to include a coupling portion, since it would provide further structural support to the seating cushion
As for claim 2, Tiffany teaches that the cushion comprises a plurality of transverse slits 12.
As for claim 3, Tiffany teaches that the cushion comprises a plurality of rows of the transverse slits 12.
As for Claim 4, Tiffany teaches that one or more of the plurality of rows do not extend up to either edge of the cushion and wherein one more of the plurality of rows do extend up to the edges of the cushion on both sides, wherein the slits which extend to the edges on either side define open ended slits.
As for Claims 5-7, Tiffany teaches that the cushion comprises an attachment means 91,93 for coupling the cushion to the base; wherein the base comprises an attachment means for coupling the cushion to the base; wherein the cushion and base comprise respective co-operable attachment means for coupling the cushion to the base.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rodney B. White whose telephone number is (571)272-6863. The examiner can normally be reached 8:30 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David R. Dunn can be reached on (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Rodney B White/Primary Examiner, Art Unit 3636