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 .
Status of Claims
This FINAL action is in response to application No. 18/131,093 filed on April 05, 2023. Claims 1-6 are currently pending and have been considered as follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted October 22, 2025 is being considered by the examiner.
Priority
Acknowledgment is made of applicant's claim priority for foreign applications JP2022-077030, filed on 05/09/2022.
Response to Arguments
Applicant’s amendments and/or arguments with respect to the rejection of claims under 35 USC 103 as set forth in the office action of August 14, 2025 have been considered and:
The applicant argues that the teachings of Alstilfi, Nishide, and Al Shawaf would not be obvious to combine in order to teach the limitations of decelerating the motion resistance, however, the mechanism to accomplish the desired result is the same and used for the same purpose, therefore the applicant’s arguments are considered NOT persuasive in this regard.
With regard to the applicant’s claims of prior art failing to disclose amended limitations, as well as the same moving mechanism operating for the posture change as the strength training mode, and the motion resistance applied to the movable portion being based on the external force detected, the applicant’s argument is PERSUASIVE. However, search has been updated and their respective anticipation can be found below.
Furthermore, Applicant’s amendments and/or arguments with respect to the rejection of Claims 1-6 under 35 USC 103 as set forth in the office action of August 14, 2024 have been considered but are moot because the new ground(s) of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 4 , 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Gervais (US 11478082 B2) in view of Kim (KR 20230124168 A).
Regarding claim 1, An easy chair comprising: a movable portion configured to change a seated posture; (see at least [7]; "Some aspects of the present disclosure are directed to methods of operating an adjustable chair.) Gervais outlines a chair configured to change a seated posture with a movable portion.
a controller configured to control an operation of the electric actuator and perform a posture change mode and a muscle strength training mode, (see at least [36]; " 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 outlines a controller configured to control the operation either a posture change mode or a muscle 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 [51]; "In response to an electrical signal from seat controller circuitry, the linear actuators 3481/2 effect positive/negative linear motion 349. As the base mount 332 is static, the linear motion 349 effects the pitch of the seat support structure 333 (and back support structure 234") Gervais describes displacing the movable portion to change the seated portion in the posture change mode.
Gervais does not explicitly disclose a moving mechanism comprising at least an electric actuator and configured to displace the movable portion; an external force detector configured to detect an external force applied to the movable portion; and wherein in the muscle strength training mode, the moving mechanism resists motion of the movable portion resulting from an application of force of a user to the movable portion to displace the movable portion, and an amount of motion resistance for resisting motion of the movable portion is based on the external force detected.
However, Kim teaches a moving mechanism comprising at least an electric actuator and configured to displace the movable portion; (see at least [0013]; "A mechanism unit including an actuator that generates a repulsive force in a direction opposite to the external force,") Kim describes a moving mechanism comprising of an electric actuator configured to displace the movable portion.
an external force detector configured to detect an external force applied to the movable portion;and (see at least [0013]; "a sensor unit including an external force sensor disposed in the external force transmission structure to sense whether the user moves through the mechanism unit, ") Kim describes an external force detector configured to detect an external force applied to the movable portion.
wherein in the muscle strength training mode, the moving mechanism resists motion of the movable portion resulting from an application of force of a user to the movable portion to displace the movable portion, and (see at least [0038]; "[Specifically, when the user applies a pushing force to the external force transmission structure 130, the actuator 140 generates a pushing force in the direction opposite to the direction in which the user applied force to the external force transmission structure 130, , the generated force can be applied to the user through the external force transmission structure 130. Accordingly, the user is able to perform muscle strength exercise by receiving resistance from the force applied by the user and the force generated by the actuator 140. ]") Kim describes the muscle strength training mode resisting motion resulting from an application of force from the user to the movable portion to displace the movable portion.
an amount of motion resistance for resisting motion of the movable portion is based on the external force detected. (see at least [0084]; "[Or, as another example, from the time the user starts exercising and applies an external force, the actuator may apply a repulsive force equal to the applied external force, and the size of the external force applied from the user is the initial repulsive force of the selected exercise model. ") Kim describes an amount of motion resistance being based on the external force detected.
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 electric actuator to displace a movable portion, an external force detector configured to detect an external force, and a movable mechanism resisting the motion from the applicable of force from a user creating an amount of resistance based on the force applied in order for an exercise mechanism to be able to create a reasonable amount of resistance for the user without being too little or too much force.
Regarding Claim 4, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais does not explicitly disclose The easy chair according to claim 3, wherein the controller is configured to rotate the electric motor based on a magnitude of the external force detected with the external force detector.
However, Kim teaches The easy chair according to claim 3, wherein the controller is configured to rotate the electric motor based on a magnitude of the external force detected with the external force detector. (see at least [0044]; "[The control unit 300 may generate actuator driving information based on the movement information and the external force information provided from the sensor unit 200. Specifically, when it is determined that the user is exercising by receiving the exercise status information from the sensor unit 200, the control unit 300 may control the actuator 140 to generate a repulsive force. In this case, the control unit 300 can control the size of the repulsive force generated by the actuator 140 to be smaller than the size of the external force through the external force information provided 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 to rotate an electric motor based on the magnitude of the external force detected in order to create a resistance appropriate for muscle training appropriate for the user.
Regarding Claim 6, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais teaches A vehicle seat to be installed in a vehicle, the vehicle seat comprising: a movable portion configured to change a seated posture; (see at least [7]; "Some aspects of the present disclosure are directed to methods of operating an adjustable chair.)
a controller configured to control an operation of the electric actuator and perform a posture change mode and a muscle strength training mode, (see at least [36]; " 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).")
wherein in the posture change mode: the moving mechanism displaces the movable portion so as to change the seated posture, and (see at least [51]; "In response to an electrical signal from seat controller circuitry, the linear actuators 3481/2 effect positive/negative linear motion 349. As the base mount 332 is static, the linear motion 349 effects the pitch of the seat support structure 333 (and back support structure 234")
Gervais does not explicitly disclose a moving mechanism comprising at least an electric actuator and configured to displace the movable portion; an external force detector configured to detect an external force applied to the movable portion; and wherein in the muscle strength training mode: the moving mechanism resists motion of the movable portion resulting from an application of force of a user to the movable portion to displace the movable portion, and an amount of motion resistance for resisting motion of the movable portion is based on the external force detected.
However, Kim teaches a moving mechanism comprising at least an electric actuator and configured to displace the movable portion; (see at least [0013]; "A mechanism unit including an actuator that generates a repulsive force in a direction opposite to the external force,")
an external force detector configured to detect an external force applied to the movable portion; and (see at least [0013]; "a sensor unit including an external force sensor disposed in the external force transmission structure to sense whether the user moves through the mechanism unit, ")
wherein in the muscle strength training mode: the moving mechanism resists motion of the movable portion resulting from an application of force of a user to the movable portion to displace the movable portion, and (see at least [0038]; "[Specifically, when the user applies a pushing force to the external force transmission structure 130, the actuator 140 generates a pushing force in the direction opposite to the direction in which the user applied force to the external force transmission structure 130, , the generated force can be applied to the user through the external force transmission structure 130. Accordingly, the user is able to perform muscle strength exercise by receiving resistance from the force applied by the user and the force generated by the actuator 140. ]")
an amount of motion resistance for resisting motion of the movable portion is based on the external force detected. (see at least [0084]; "[Or, as another example, from the time the user starts exercising and applies an external force, the actuator may apply a repulsive force equal to the applied external force, and the size of the external force applied from the user is the initial repulsive force of the selected exercise model. ")
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 electric actuator to displace a movable portion, an external force detector configured to detect an external force, and a movable mechanism resisting the motion from the applicable of force from a user creating an amount of resistance based on the force applied in order for an exercise mechanism to be able to create a reasonable amount of resistance for the user without being too little or too much force.
Regarding Claim 7, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore Gervais teaches The easy chair according to claim 1, wherein the movable portion is an ottoman. (see at least [31]; "As discussed in more detail below, the chair 101 includes a number of motion and rotation mechanisms that facilitate extension of the leg rest 107,")
Claim(s) 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Gervais (US 11478082 B2) in view of Kim (KR 20230124168 A) in further view of Al Shawaf (US 20200282830 A1).
Regarding Claim 2, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais teaches The easy chair according to claim 1, wherein the electric actuator is an electric motor, (see at least [52]; "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")
Gervais does not explicitly disclose the moving mechanism comprises a deceleration mechanism, the deceleration mechanism is a gear mechanism comprising two or more gears and configured to decelerate a rotation of the electric motor and output the decelerated rotation to the movable portion, and the moving mechanism provides rotational resistance that opposes a rotational force is applied to an output side of the deceleration mechanism to rotate the two or more gears.
However, Al Shawaf teaches the moving mechanism comprises a deceleration mechanism, (see at least ¶ [0066]; "The transport apparatus 2, or other vehicle, may comprise one or more brakes, which may be controlled by means of one or more brake controls B, which for instance may be formed by at least one of the at least one or multiple moving parts." Al Shawaf teaches the moving mechanism forms a deceleration mechanism, or brakes
the deceleration mechanism is a gear mechanism comprising two or more gears and configured to decelerate a rotation of the electric motor and output the decelerated rotation to the movable portion, and (see at least Fig. 1, [¶ 0010, 0011 and 0024]: "The present control device may be arranged to provide an electric signal to control an electric motor.. By providing the fitness apparatus with the flywheel rotatably connected to the base part, wherein the fitness apparatus is arranged for setting the flywheel into motion by means of at least one on the one or multiple movable parts, in particular by means of the drive train connecting said flywheel with at least one of the one or multiple movable parts which form one or multiple input parts engageable by the user of the fitness apparatus in order to perform the physical exercise, the input provided by the operator can be kept relatively stable, which for instance may result in a relatively constant speed and/or relatively constant acceleration or deceleration… the control device is further arranged for controlling one or multiple brakes of the transport apparatus when is sensed that the pedals are rotated in said opposite rotation direction." Al Shawaf teaches that the fitness apparatus connected to a flywheel, a type of gear mechanism comprising two or more gears as shown in Figure 2, is configured to accelerate or decelerate the rotation of the electric motor. The deceleration is controlled by the opposite rotation direction of the movable portion and the user counteracting the output
the moving mechanism provides rotational resistance that opposes a rotational force is applied to an output side of the deceleration mechanism to rotate the two or more gears.(see at least Fig. 1 and [¶ 0011 and 0024, 0068]; "By providing the fitness apparatus with the flywheel rotatably connected to the base part, wherein the fitness apparatus is arranged for setting the flywheel into motion by means of at least one on the one or multiple movable parts, in particular by means of the drive train connecting said flywheel with at least one of the one or multiple movable parts which form one or multiple input parts engageable by the user of the fitness apparatus in order to perform the physical exercise, the input provided by the operator can be kept relatively stable, which for instance may result in a relatively constant speed and/or relatively constant acceleration or deceleration… the control device is further arranged for controlling one or multiple brakes of the transport apparatus when is sensed that the pedals are rotated in said opposite rotation direction…it may for instance be counteracted that the engine power, in particular the output power, will be relatively high just after such braking action" Al Shawaf teaches that the pedals rotating in the opposite direction,
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 the teachings of Al Shawaf to add rotational resistance to the movable portion with the electric motor in order to facilitate the physical fitness utilizing existing forces in the vehicle.
Rgearding claim 5, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais does not explicitly disclose The easy chair according to claim 1, further comprising a fixing portion to be directly or indirectly fixed to a vehicle.
However, Al Shawaf teaches The easy chair according to claim 1, further comprising a fixing portion to be directly or indirectly fixed to a vehicle. (see at least [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 Nishide to incorporate the teachings of Al Shawaf to include a fixing portion to be fixed to a vehicle in order to enable physical exercise while driving - “the fitness apparatus 3 can be placed in front of the operator seat D. In such a way, an operator of the transport apparatus 2 can perform a physical exercise on said fitness apparatus 3, in order to control the engine power of said transport apparatus 2, while being able to control other operating controls, such as operating controls for controlling the direction of said transport apparatus”.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gervais (US 11478082 B2) in view of Kim (KR 20230124168 A) and in further in view of Astolfi (US 20180085615 A1).
Regarding claim 3, Gervais and Kim, in combination, disclose the limitations of claim 1 as discussed above, furthermore, Gervais does not explicitly disclose The easy chair according to claim 2, 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.
However, Alstolfi teaches The easy chair according to claim 2, 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 [¶ 0009] "The present invention relates to a system for synthesising inertia in exercise equipment, the exercise equipment comprising a rotatable member to which a user applies a user torque in use, the system comprising: an electric drive system comprising an electric motor operably connected to the rotatable member, the electric motor configured to impart a resistance torque, in use, on the rotatable member of the exercise equipment, whereby the resistance torque opposes the user torque; at least one sensor for monitoring a user input to the rotatable member;")
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 Alstofi to use the motor to assist the resistance of the physical fitness in order to provide enough force to reach a higher desired level of exercise.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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