Prosecution Insights
Last updated: September 17, 2026
Application No. 18/173,738

ADJUSTABLE DESK CHAIR

Non-Final OA §103
Filed
Feb 23, 2023
Priority
Sep 24, 2019 — provisional 62/905,173 +2 more
Examiner
WHITE, RODNEY BARNETT
Art Unit
3636
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Beech Enterprises LLC
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1818 granted / 2203 resolved
+30.5% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 8m
Avg Prosecution
49 currently pending
Career history
2222
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
37.0%
-3.0% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
27.2%
-12.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2203 resolved cases

Office Action

§103
August 20, 2026 DETAILED ACTION Response to Amendment Applicant's arguments filed 08/12/2026 have been fully considered but they are not persuasive. 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 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Matlin et al. (U.S. Patent No. 10,667,612 B2) in view of Liu (U.S. Patent No. 7,163,263 B1). PNG media_image1.png 209 279 media_image1.png Greyscale PNG media_image2.png 160 258 media_image2.png Greyscale Matlin et al. teach the structure substantially as claimed including an adjustable chair comprising: a chair base 30; a seat part 12 a seat back 20 disposed along one side of the seat part, the seat back being configured for supporting at least a person's back or shoulders; a chair base configured for being placed on a floor; a lumbar support 22; and a controller 18 configured to actuate at least one adjustable chair feature, including at least one of: a rotation or tilt of the seat part, a vertical distance between the seat back and the one side of the seat part,an angle position between the seat back and the seat part, a distance between the chair base and the seat part, and a distance between the lumbar and the person's back (see column 16, lines 23-31 where it reads “When the lumbar support member 22 is in the second position, the lumbar support member 22 is positioned forwardly, in a direction toward the seated user's lower back, relative to the seat back member 20 so as to enable the user 802 to be seated forwardly on the seat base member 12 as shown in FIG. 13E. The actuator 18′ may be configured to operate the lumbar support assembly 24 for movement of the lumbar support member 22 between the first position and the second position.”). Matlin et al. teach that a vertical distance between the seat back and the one side of the seat part, an angle position between the seat back and the seat part, a distance between the chair base and the seat part, and a distance between the lumbar and the person's back (see the specification at column 8, lines 5-15 where it reads “the height of the seat back member 20 and/or the lumbar support member 22 with respect to the seat base member 12 may be adjusted vertically along the support frame member 82. For example, carriages or similar mechanisms 102 and 104 may be positioned on rear surfaces 106 and 108 of the seat back member 20 and the lumbar support member 22, respectively. The carriages or similar mechanisms 102 and 104 are configured to slide up and down the support frame member 82 to adjust the height of the seat back member 20 and the lumbar support member 22, respectively.”) but does not teach an application that includes a mode that may be selected by a user that provides recommended chair positions based on a health professional recommendation, and automatically adjusts chair positions over a preset time period according to the recommendations. Liu teaches the concept of an application that further includes a mode that may be selected by a user that provides recommended chair positions based on a health professional recommendation, and automatically adjusts chair positions over a preset time period according to the recommendations (see column 7, lines 58-66 where it reads “For example, this algorithm can lift a fixed or programmable weight such as 20 kilograms, or a fixed or programmable percentage of the sitter's total weight. In an ideal implementation, the controller device can download the lifting setting configuration from a wire line link or a wireless link from an outside computer device (which is not shown in our figures). This lifting configuration can be available from internet source or other sources, or it can also be based on advice from a medical professional”) Liu also teaches the concept of automatic adjustments over a preset time period according to the recommendations (see the Abstract where it reads “The upward motion can be initialized by the user, or alternatively, it can be automatically activated by the weight sensor installed on the seat area which detects the prolonged period of sitting.”, column 2, lines 57-60 where it reads “Based on the weight level and duration, the back support can be programmed to lift up automatically or periodically, hence reducing the pressure on the sitter's spine.”, and column 4, lines 51-54 where it reads “These sensors can monitor the pressure passed down from the sitter at each position of the chair. The weight information will later be used to adjust the uplifting power, either automatically or manually.”). Liu also teaches the concept of using a motor capable of being selectively controlled and driven so as to adjust at least one adjustable chair feature. It would have been obvious and well within the level of ordinary skill in the art to modify the chair, as taught by Matlin et al., to include an application that includes a mode that may be selected by a user that provides recommended chair positions based on a health professional recommendation, and automatically adjusts chair positions over a preset time period according to the recommendations, as taught by Liu, since it would alert a user that they have been sitting in a position for too long and to change positions or to get up and do exercises to avoid fatigue. Claims 2-7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Matlin et al. (U.S. Patent No. 10,667,612 B2) in view of Liu (U.S. Patent No. 7,163,263 B1), as applied to claim 1 above, and further in view of Labrosse et al. (U.S. Patent No. 10,085,562 B1) Matlin et al. in view of Liu teaches the structure substantially as claimed but is silent as to whether or not the application includes a user profile which includes user data. PNG media_image3.png 232 156 media_image3.png Greyscale However, Labrosse et al. teach the concept of a chair that is adjustable or has parts that are adjustable according to a user profile which includes user data (see column 11, lines 47-57 where it reads “Wireless communication 554 may be any type, such as Wi- 33, or Bluetooth® and is used to communicate information between chair 510 and a remote location. According to one aspect of this embodiment of the disclosure, chair position type and duration information (called “use-information”) over a period of time can be collected, stored in onboard memory (not shown) and transmitted (following a schedule) to a remote location for review and storage. This use information will help determine how well the user is using his or her chair, establishing a “use-history profile.”, and column 17, lines 47-57 where it reads “An important feature of the present disclosure is that chair 510 is “smart” and connected to the user’s smart devices. The chair according to the disclosure effectively becomes a giant computer mouse in that the user can move different components of chair 510 to perform specific computer related tasks, such as cancelling a meeting alert. The chair can also receive information from other smart devices and the Internet and the company's server to understand the seated user, his or her profile preferences, and schedule etc. and respond automatically if necessary, to better the user’s health and workplace efficiency.”); wherein user data includes at least one of: a user's weight; a user's height; and a user's inseam. As for claim 4, Labrosse et al. teach that the user device is a smart phone capable of communicating with the controller via a network connection (see column 11, lines 62-64 where it reads “Wireless communication 554 can also be used to connect (or pair) to other smart devices, such as a smart phone…..”). As for claims 5-6, Labrosse et al. teach that the application stores a chair setting profile having preset chair adjustment settings, which include the adjustable chair features; wherein a user can use the application to change the preset chair adjustment settings. (see column 12, lines 17-23 where it reads “ As explained in greater detail below, microprocessor 550 controls motor driver circuit 556, which in turn controls the operation of any of several motors 558a, b, c, as required by either a preset position variation schedule, stored in on-board memory (not shown), or as instructed by user input controls 562 (buttons pressed by a user) —manual control mode.”, and column 17, lines 9-13 where it reads “According to yet another feature of the present disclosure, different motors 558a-c are selectively activated to move select chair components in preset movement patterns which could be single movement, slow or quick, or oscillatory and can repeat at spaced intervals.”). As for claim 7, Labrosse et al. teach that the application includes an adjustable time interval input, such that a user can select a time to initiate the preset chair adjustment settings (see column 21, lines 37-40 where it reads “Again, the user merely has to select the option and duration on his or her smart device.”). As for claim 9, Labrosse et al. teach the concept of a motor that is controlled and caused to be driven via a controller capable of communicating with application via a network connection (see column 10, lines 13-20 where it reads “ Additionally it should be appreciated that a carrier wave can be employed to carry computer-readable electronic data such as those used in transmitting and receiving electronic mail or in accessing a network such as the Internet or a local area network (LAN). Of course, those skilled in the art will recognize many modifications may be made to this configuration without departing from the scope or spirit of the claimed subject matter.”) As for claim 10, Labrosse et al. teach the application includes a recommended preset adjustment setting for at least one of the adjustable chair feature (see column 19, lines 29-33 where it reads “Sensors 352 will detect the angle and will either confirm that the recline angle is following the recommend angle (acceptable) with another confirmation alert, or with another alert that indicates that the user must further recline. The user may still select the maximum angle of recline.”). It would have been obvious and well within the level of ordinary skill in the art to modify the chair, as taught by Matlin et al. in view of Liu, to include the application includes a user profile which includes user data, as taught by Labrosse et al., since the information could be used, for example to ensure that the user is following a position-variation schedule with the highest health benefits and comfort. Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Matlin et al. (U.S. Patent No. 10,667,612 B2) in view of Liu (U.S. Patent No. 7,163,263 B1) and Labrosse et al. (U.S. Patent No. 10,085,562 B1). Claim 11 differs from Claim 1 in that it claims the “user profile” subject matter which is claimed in Claim 2. Claims 12-20 claim the same subject matter of claims 3-10. See 103 rejections of Claims 1-10 above. Response to Arguments Applicant has amended Claims 1 and 11 to include “wherein the application is configured to adjust each of: a vertical distance between the seat back and the one side of the seat part, an angle position between the seat back and the seat part, a distance between the chair base and the seat part, and a distance between the lumbar and the person's back.” But if Matlin et al. (U.S. Patent No. 10,667,612 B2) teach that a vertical distance between the seat back and the one side of the seat part, an angle position between the seat back and the seat part, a distance between the chair base and the seat part, and a distance between the lumbar and the person's back, then the application of Liu (U.S. Patent No. 7,163,263 B1) is capable of being configured to adjust each of: a vertical distance between the seat back and the one side of the seat part, an angle position between the seat back and the seat part, a distance between the chair base and the seat part, and a distance between the lumbar and the person's back of Matlin et al. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Rodney B White/ Primary Examiner, Art Unit 3636
Read full office action

Prosecution Timeline

Feb 23, 2023
Application Filed
Sep 05, 2024
Non-Final Rejection mailed — §103
Mar 10, 2025
Response Filed
Apr 02, 2025
Final Rejection mailed — §103
Dec 01, 2025
Response after Non-Final Action
Aug 12, 2026
Request for Continued Examination
Aug 20, 2026
Response after Non-Final Action
Aug 25, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+17.8%)
1y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 2203 resolved cases by this examiner. Grant probability derived from career allowance rate.

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