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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 24 June 2026 has been entered.
Status of Claims
This communication is in response to remarks filed 24 June 2026. Claims 1-7 are currently pending and have been examined. Claims 1-7 have been rejected as follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 14 July 2026 is being considered by the examiner.
Priority
Acknowledgment is made of applicant's claim priority for foreign applications JP2022-077030, filed on 09 April 2022.
Response to Remarks
Applicant's amendment and/or arguments with respect to the rejection of claims under 35 USC 103 as set forth in the office action of 20 March 2026 have been considered and are NOT persuasive.
The applicant argues that Kim and Gervais fail to teach an external force detector configured to detect an external force applied to the movable portion from an application of force by a user in a first direction. However, Kim explicitly states the use of an external force detector, and describes an application of force by the user in a first direction in paragraph [0013]; "senses a pressure change caused by the external force applied to the external force transmission structure to sense whether the user is exercising, " Kim describes an external force detector, or sensor, configured to detect an external force applied to the movable portion from an application of force by the user against the movable portion, therefore it would be in a first direction. Furthermore, the figures depict the application of force only being able to move in one direction, therefore the user applying a force would be in only one direction. The applicant further argues that Kim and Gervais fail to teach wherein in the muscle strength training mode, the controller controls the electric actuator for displacing the movable portion in the first direction based on the external force applied to the movable portion, such that an amount of rotational force exerted by the electric actuator on the movable portion for controlling displacement of the movable portion corresponds to the external force applied to the movable portion. However, Kim states in paragraphs [0019, 0054]; "an external force transmission structure to which an external force by the user is applied, an actuator that generates a repulsive force in the opposite direction to the external force applied to the external force transmission structure,…The control unit (300) can generate actuator driving information based on the motion status information and external force information received from the sensor unit (200). Specifically, when the control unit (300) receives information on whether the user is exercising from the sensor unit (200) and determines that the user is exercising, the control unit (300) can control the actuator (140) to generate a repulsive force. In this case, the control unit (300) can control the magnitude of the repulsive force generated by the actuator (140) to be smaller than the magnitude of the external force through the external force information received from the sensor unit (200).") Kim describes in when the user is applying force, therefore in the strength training mode, the control unit controlling the amount of force created by the electric actuator to be slightly less than the force generated by the user, so that the movable portion is displaced. This method describes a force, which under the broadest reasonable interpretation, could be applied as a rotatable force by the actuator, that exerts a force corresponding to the sensed amount of force by the user.
Therefore the prior art discloses the claim limitations as recited and the prior art and rejections have been maintained.
Claim Rejections - 35 USC § 103
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 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 1-5, 7 are rejected under 35 U.S.C 103 as being unpatentable over Garvais (US-11478082-B2 A) in view of Kim (WO-2023157991-A1).
Regarding claim 1, Gervais discloses An easy chair comprising: a movable portion configured to change a seated posture; (see at least Gervais [paragraph 1, lines 54-61]; "In some more specific embodiments, an adjustable chair consistent with the present disclosure may include a backrest including a back support structure, a seat including a seat support structure, a base including a base mount; a lifting mechanism, a reclining mechanism, a yaw mechanism, a backrest mount and a roll mechanism.") Gervais describes an adjustable chair, meaning it has movable portions, and the portions that are able to change the seat posture.
a moving mechanism comprising at least an electric actuator and configured to displace the movable portion; (see at least Gervais column 8, lines 15-17]; " In response to an electrical signal from seat controller circuitry, the linear actuators 3481/2 effect positive/negative linear motion 349.") Gervais describes the linear actuator as moving a portion in the positive or negative linear direction.
an operation of the electric actuator and perform a posture change mode and a muscle strength training mode, (see at least Gervais [column 8, lines 15-17; column 5, lines 60-64]; "In response to an electrical signal from seat controller circuitry, the linear actuators 3481/2 effect positive/negative linear motion 349…. In various embodiments of the present disclosure, a user may individually control each mechanism (i.e., a reclining mechanism, a lifting mechanism, a leg rest mechanism, etc.) via a user interface (such as a remote) and/or by selecting a pre-programmed function (e.g., recline, stand, as well as various exercise and stretch programs).") Gervais describes the operation of electric actuators to perform the change of posture and muscle strength training mode.
wherein in the posture change mode, the moving mechanism displaces the movable portion so as to change the seated posture, (see at least Gervais [Figures 1A-1H]) Gervias depicts several posture changes made possible by the posture change mode.
Gervais does not explicitly disclose an external force detector configured to detect an external force applied to the movable portion from an application of force by a user in a first direction; and a controller configured to control wherein in the muscle strength training mode, the controller controls the electric actuator for displacing the movable portion in the first direction based on the external force applied to the movable portion, such that an amount of rotational force exerted by the electric actuator on the movable portion for controlling displacement of the movable portion corresponds to the external force applied to the movable portion.
However, Kim teaches an external force detector configured to detect an external force applied to the movable portion from an application of force by a user in a first direction; and (see at least Kim [0013]; "senses a pressure change caused by the external force applied to the external force transmission structure to sense whether the user is exercising, ") Kim describes an external force detector, or sensor, configured to detect an external force applied to the movable portion from an application of force by the user against the movable portion, therefore it would be in a first direction.
a controller configured to control (see at least Kim [0054]; "The control unit (300) can generate actuator driving information based on the motion status information and external force information received from the sensor unit (200)..") Kim describes a controller controlling the motion status of the chair.
wherein in the muscle strength training mode, the controller controls the electric actuator for displacing the movable portion in the first direction based on the external force applied to the movable portion, such that an amount of rotational force exerted by the electric actuator on the movable portion for controlling displacement of the movable portion corresponds to the external force applied to the movable portion.
(See at least Kim [0019, 0054]; "an external force transmission structure to which an external force by the user is applied, an actuator that generates a repulsive force in the opposite direction to the external force applied to the external force transmission structure,…
The control unit (300) can generate actuator driving information based on the motion status information and external force information received from the sensor unit (200).
Specifically, when the control unit (300) receives information on whether the user is exercising from the sensor unit (200) and determines that the user is exercising, the control unit (300) can control the actuator (140) to generate a repulsive force.
In this case, the control unit (300) can control the magnitude of the repulsive force generated by the actuator (140) to be smaller than the magnitude of the external force through the external force information received from the sensor unit (200).")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gervais to incorporate teachings of Kim which teaches an external force detector configured to detect an external force from a user, and a controller for displacing the movable portion in relation to the amount of force the user is exerting in order to create more of a workout for the user that is proportional to their correct strength or exertion.
Regarding claim 2, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais discloses wherein the electric actuator is an electric motor, (see at least Gervais [column 6, lines 6-8]; "Using servo motors, for example, each of these particular positions (seating configurations) may be accurately repeated by controller circuitry of the chair 101.")
the moving mechanism comprises a deceleration mechanism, the deceleration mechanism is a gear mechanism comprising two or more gears (see at least Gervais [column 10, lines 17-23]; "In operation, retractable foot/slider assembly 780 may receive an input torque on drive input 785 (via a user) which turns a primary gear 784 (worm gear) coupled to the same input shaft as the drive input 785. Rotation of the worm gear 784 rotates secondary gear 783 (with a mechanical advantage). The secondary gear 783 is coupled to an output shaft 786.")
Gervais does not explicitly disclose and configured to decelerate a rotation of the electric motor and output the decelerated rotation to the movable portion, and the moving mechanism provides the rotational resistance that opposes an external rotational force applied to an output side of the deceleration mechanism to rotate the two or more gears.
However, Kim teaches and configured to decelerate a rotation of the electric motor and output the decelerated rotation to the movable portion, and the moving mechanism provides the rotational resistance that opposes an external rotational force applied to an output side of the deceleration mechanism to rotate the two or more gears. (see at least Kim [0013]; " a control unit that controls the actuator to generate the repulsive force when it is determined through the sensor unit that the user is exercising, and controls the actuator to stop operating or controls the magnitude of the repulsive force generated from the actuator to decrease when it is determined through the sensor unit that the user is not exercising. ")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gervais to incorporate teachings of Kim which teaches decelerating the movable portion as to not slam and receive damage or injure the user upon their dismounting.
Regarding claim 3, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais discloses wherein the controller is configured to rotate the electric motor to assist displacement of the movable portion during the performance of the muscle strength training mode. (see at least Gervais [column 6, lines 6-8; [column 8, lines 26-33]; "Using servo motors, for example, each of these particular positions (seating configurations) may be accurately repeated by controller circuitry of the chair 101…The lifting mechanism 335′ includes a (servo) motor 350 this is statically coupled to the base mount 332 and is rotatably coupled to the seat support structure 333 along an axis of the first hinge point 345. In response to an electrical signal from seat controller circuitry, the (servo) motor 350 effects (counter-)clockwise rotation motion 351. As the base mount 332 is static, the rotation motion 351 effects the pitch of the seat support structure 333 (and back support structure 234).")
Regarding claim 4, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais discloses wherein the controller is configured to rotate the electric motor for controlling the displacement of the movable portion ,(see at least Gervais [column 6, lines 6-8; [column 8, lines 26-33]; "Using servo motors, for example, each of these particular positions (seating configurations) may be accurately repeated by controller circuitry of the chair 101…The lifting mechanism 335′ includes a (servo) motor 350 this is statically coupled to the base mount 332 and is rotatably coupled to the seat support structure 333 along an axis of the first hinge point 345. In response to an electrical signal from seat controller circuitry, the (servo) motor 350 effects (counter-)clockwise rotation motion 351. As the base mount 332 is static, the rotation motion 351 effects the pitch of the seat support structure 333 (and back support structure 234).")
Gervais does not explicitly disclose based on a magnitude of the external force detected with the external force detector.
However, Kim teaches based on a magnitude of the external force detected with the external force detector. (see at least Kim [0053]; "
The force sensor can sense the magnitude of the external force applied to the external force transmission structure (130).
The force sensor can generate external force information after sensing the magnitude of the external force..")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gervais to incorporate teachings of Kim which teaches based on a magnitude of the external force detected in order to match the exertion level of the user as to not make the workout too hard or too easy.
Regarding claim 6, Gervais discloses a movable portion configured to change a seated posture; (see at least Gervais [paragraph 1, lines 54-61]; "In some more specific embodiments, an adjustable chair consistent with the present disclosure may include a backrest including a back support structure, a seat including a seat support structure, a base including a base mount; a lifting mechanism, a reclining mechanism, a yaw mechanism, a backrest mount and a roll mechanism.") Gervais describes an adjustable chair, meaning it has movable portions, and the portions that are able to change the seat posture.
a moving mechanism comprising at least an electric actuator and configured to displace the movable portion; (see at least Gervais column 8, lines 15-17]; " In response to an electrical signal from seat controller circuitry, the linear actuators 3481/2 effect positive/negative linear motion 349.") Gervais describes the linear actuator as moving a portion in the positive or negative linear direction.
an operation of the electric actuator and perform a posture change mode and a muscle strength training mode, (see at least Gervais [column 8, lines 15-17; column 5, lines 60-64]; "In response to an electrical signal from seat controller circuitry, the linear actuators 3481/2 effect positive/negative linear motion 349…. In various embodiments of the present disclosure, a user may individually control each mechanism (i.e., a reclining mechanism, a lifting mechanism, a leg rest mechanism, etc.) via a user interface (such as a remote) and/or by selecting a pre-programmed function (e.g., recline, stand, as well as various exercise and stretch programs).") Gervais describes the operation of electric actuators to perform the change of posture and muscle strength training mode.
wherein in the posture change mode, the moving mechanism displaces the movable portion so as to change the seated posture, and (see at least Gervais [Figures 1A-1H]) Gervias depicts several posture changes made possible by the posture change mode.
Gervais does not explicitly disclose an external force detector configured to detect an external force applied to the movable portion from an application of force by a user in a first direction; and a controller configured to control wherein in the muscle strength training mode, the controller controls the electric actuator for displacing the movable portion in the first direction based on the external force applied to the movable portion, such that an amount of rotational force exerted by the electric actuator on the movable portion for controlling displacement of the movable portion corresponds to the external force applied to the movable portion.
However, Kim teaches an external force detector configured to detect an external force applied to the movable portion from an application of force by a user in a first direction; and (see at least Kim [0013]; "senses a pressure change caused by the external force applied to the external force transmission structure to sense whether the user is exercising, ") Kim describes an external force detector, or sensor, configured to detect an external force applied to the movable portion from an application of force by the user against the movable portion, therefore it would be in a first direction.
a controller configured to control (see at least Kim [0054]; "The control unit (300) can generate actuator driving information based on the motion status information and external force information received from the sensor unit (200)..") Kim describes a controller controlling the motion status of the chair.
wherein in the muscle strength training mode, the controller controls the electric actuator for displacing the movable portion in the first direction based on the external force applied to the movable portion, such that an amount of rotational force exerted by the electric actuator on the movable portion for controlling displacement of the movable portion corresponds to the external force applied to the movable portion. (See at least Kim [0019, 0054]; "an external force transmission structure to which an external force by the user is applied, an actuator that generates a repulsive force in the opposite direction to the external force applied to the external force transmission structure,…
The control unit (300) can generate actuator driving information based on the motion status information and external force information received from the sensor unit (200).
Specifically, when the control unit (300) receives information on whether the user is exercising from the sensor unit (200) and determines that the user is exercising, the control unit (300) can control the actuator (140) to generate a repulsive force.
In this case, the control unit (300) can control the magnitude of the repulsive force generated by the actuator (140) to be smaller than the magnitude of the external force through the external force information received from the sensor unit (200).")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gervais to incorporate teachings of Kim which teaches an external force detector configured to detect an external force from a user, and a controller for displacing the movable portion in relation to the amount of force the user is exerting in order to create more of a workout for the user that is proportional to their currect strength or exertion.
Regarding claim 7, Gervais and Kim, in combination, disclose the limitations of claim 6 as discussed above, furthermore, Gervais discloses wherein the movable portion is an ottoman. (see at least Gervais [column 10, lines 1-5]; " FIG. 7 is a retractable foot/slider assembly 780 for use with furniture (among various other applications which will be clear to a skilled artisan in view of Applicant's disclosure herein), consistent with various embodiments of the present disclosure. ")
Claim 5 is rejected under 35 U.S.C 103 as being unpatentable over Garvais (US-11478082-B2 A) in view of Kim (WO-2023157991-A1) as applied to claim 1 above, and in further view of Al Shawaf (US-20200282830-A1).
Regarding claim 5, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais does not explicitly disclose a fixing portion to be directly or indirectly fixed to a vehicle.
However, Al Shawaf teaches further comprising a fixing portion to be directly or indirectly fixed to a vehicle. (see at least Al Shawaf [0075], "As shown in FIG. 3, in embodiments, the control device 1 can be placed in or form part of a transport apparatus 2. In embodiments, such as in the here shown embodiment, the control device 1, at least its fitness apparatus 3, or at least its movable input parts 5A, can be placed or positioned in a transport apparatus 2, in particular a motor vehicle, such as a car,")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gervais to incorporate teachings of Al Shawaf which teaches a fixing portion to be fixed to a vehicle in order for the workout to be accomplished when the vehicle is in an autonomous mode for efficient time use of the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANA VICTORIA HALL whose telephone number is (571)272-5289. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at 5712724896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANA VICTORIA HALL/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
