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
This Office Action is in response to the amendment filed 05/21/2026. Claims 1, 3, and 5-13 are amended. Claims 2, 4, and 14 are canceled. Claims 15-16 are new. As such, claims 1, 3, 5-13, and 15-16 are pending in the instant application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, 5-13, and 15-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “a movement of the pulley (103) within the chute (312) drives the flipping device (30) to move the at least one of the armrests (20) forward or rearward relative to the backrest frame (101)” in lines 17-20. The specification filed on 08/29/2023 does not explicitly disclose the movement of the pulley (103) within the chute (312) causes the flipping device (30) to move at least one of the armrests (20) forward and/or backward with respect to the backrest frame (101), as amended claim 1 discloses. The specification filed on 08/29/2023 does disclose a pulley installed on a backrest frame ([0011]; [0040]), a chute opened in a base ([0011]; [0040]), said pulley being located in said chute ([0011]; [0040]), said pulley and said chute being guided and fit with one another ([0011]; [0040]), and the guiding cooperation between said pulley and said chute preventing the flipping device from swaying at will to ensure stability of the overall mechanism in which an angle between the flipping device and armrest changes when an angle changes between the backrest and a seat frame ([0040]). In light of the specification filed on 08/29/2023, one of ordinary skill in the art would be unable to reasonably convey that Applicant had possession of the claimed invention, specifically movement of the pulley driving the flipping device to move at least one of the armrests forward and/or rearward with respect to the backrest frame, at the time the application was filed.
Claims 3, 5-13, and 15-16 are rejected due to their dependence on a rejected claim.
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, 3, 5-13, and 15-16 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.
Claim 1 recites the limitation “wherein a movement of the pulley (103) within the chute (312) drives the flipping device (30) to move the at least one of the armrests (20) forward or rearward relative to the backrest frame (101)” in lines 17-20. It is unclear if the forward or rearward movement of at least one of the armrests relative to the backrest frame relates to a translational movement in a horizontal direction (i.e. parallel to the ground), or a rotational movement. Additionally, it is unclear how the pulley and the chute are driving the flipping device for such a movement to occur as Applicant’s specification discloses the pulley and the chute prevent the flipping device from swaying at will when the angle between the backrest frame and the seat frame changes ([0040]), but does not disclose the pulley and the chute driving the flipping device to move at least one of the armrests (see 112(a) rejection of claim 1 above). For the purpose of examination, the above limitation of claim 1 will be interpreted as – wherein a change in an angle between the at least one of the armrests and the backrest frame correlates to a change in an angle between the seat frame and the backrest frame due to a movement of the pulley within the chute – based on paragraphs [0039] and [0040] of Applicant’s specification.
Claim 15 recites the limitation “the rotating shaft (33) is rotatable relative to the base (31) about the rotation axis and axially movable relative to the base (31) along the rotation axis” in lines 1-3. It is unclear if the “rotating shaft (33)” is in reference to the base shaft (33) or to another component of the claimed invention, as Applicant’s specification states “the base 31 is fixedly connected to the base shaft 33 by several screws” ([0044]); hence, the base shaft (33) is not rotatable, nor axially movable, relative to the base 31. Based on the recitation of “(33)” in claim 15 and paragraphs [0044]-[0045] of Applicant’s specification, the above limitation of claim 15 will be interpreted as – the base shaft (33) is fixedly connected to the base (31) and is threadedly connected to the rotating base sleeve (34), wherein the rotating base sleeve (34) rotates relative to the base (31) and moves axially relative to the base shaft (33) along the rotation axis – for the purpose of examination.
Claims 3, 5-13, and 16 are rejected due to their dependence on a rejected claim.
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, 3, 5, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I326206) in view of Nomura et al. (CN 101513377 A; hereinafter “Nomura”), and further in view of Kapusky et al. (WO 2020169344 A1; hereinafter “Kapusky”).
Regarding claim 1, Chang discloses a massage chair ([0005], line 2, where body 10 is the body of a massage chair, see provided translation), comprising a chair frame (10; Fig. 1) and armrests (40; Fig. 1) connected on left and right sides of the chair frame (Fig. 1; “an assembly structure for the armrests of a massage chair,” see [0001], line 1 of the provided translation; hence it would be well-understood by one of ordinary skill in the art that the massage chair of Chang has armrests arranged on the left side and right side of the chair frame), wherein at least one of the armrests (40) is connected to the chair frame (10) through a flipping device (11 and 20; Fig. 1), wherein the flipping device (11 and 20; Fig. 1) comprises a base (11; Fig. 1) connected to the chair frame (11 connected to 10, see Fig. 1) and a flipping fixed seat (20; Fig. 1) rotatably connected to the base around a rotation axis extending left and right (see Figs. 4-5, where the rotation axis extends from a left side of the armrest 40 to a right side of the armrest 40), wherein the flipping fixed seat (20) is connected to the at least one of the armrests (see Figs. 2-3); wherein when the flipping device (11 and 20) flips the at least one of the armrests (40) to a set position (see Fig. 5), the chair frame (10) has a side entrance on the side of the at least one of the armrests (see Annotated Figs. 2 and 5 below, where the position of the armrest 40 in Fig. 5 is the set position).
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Annotated Figs. 2 and 5
Chang fails to explicitly disclose the chair frame (10) comprises a backrest frame (101) and a seat frame (102) rotatably connected with each other, wherein the massage chair further comprises a connecting rod (50) connected between the chair frame (10) and the flipping device (30), wherein a first end of the connecting rod (50) is hinged to the base (31), and a second end of the connecting rod (50) is hinged to the seat frame (102).
However, Nomura teaches an analogous chair (1; Fig. 1) and rotatable armrest assembly (see Fig. 7; [0012], see provided translation) including a backrest (3; Fig. 1) with a backrest frame (31; Fig. 5) and a seat portion (2; Fig. 1) with a seat frame (21; Fig. 2), where the back (3) and seat portion (2) are rotatably coupled by a fulcrum (32; Fig. 2, where it is inherent the backrest 3 includes backrest frame 31, and seat portion 2 includes seat frame 21, which are connected in rotation by fulcrum 32). Nomura further teaches a linkage mechanism (5; Fig. 2) including a main connecting rod plate (51; Fig. 2) and a connecting rod (52; Fig. 2), where connecting rod (52; Fig. 2) connected between the backrest frame (31) and rotation device (see Fig. 5), wherein the main connecting rod plate (51) is rotatably supported by a rotating support shaft (40; Fig. 5) on an armrest (4; Figs. 4-5), the rotating support shaft (40) is rotatably connected to the backrest frame (31, see Fig. 5), a first end of the connecting rod (52) is rotatably connected to the seat frame (21) via a pivot (20, see Fig. 2), and a second end of the connecting rod (52) is rotatably connected to the main connecting rod plate (51) via a pivot (53, see Fig. 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chang with the above teachings of Nomura, such that Chang as modified teaches the chair frame (Chang 10) comprises a backrest frame (Nomura 31; Nomura Fig. 5) and a seat frame (Nomura 21; Nomura Fig. 2) rotatably connected with each other (Nomura Fig. 2, where Nomura 21 and Nomura 31 are pivotally connected via Nomura 32, see above), wherein the massage chair ([0005], line 2, where body 10 is the body of a massage chair, see provided translation) further comprises a connecting rod (Nomura 52; Nomura Fig. 2) connected between the chair frame and the flipping device (Nomura 52 connects to Chang 10 and Chang 11 and Chang 20; Nomura Fig. 2), a first end of the connecting rod is hinged to the base (Chang 11 hinged to a first end of Nomura 52 via Nomura 53, see Nomura Fig. 2), and a second end of the connecting rod is hinged to the seat frame (a second end of Nomura 52 is hinged to Nomura 21 via Nomura 20, see Nomura Fig. 2) to improve patient comfort by modifying the angle of the armrests relative to the angle between a reclining seat back and seat portion of the massage chair (Nomura [0013], see provided translation).
While Chang does teach a pulley (14; Fig. 1) and a chute (211; Fig. 1), where the chute (211) is configured to guide and cooperate with the pulley (Figs. 4-5), Chang fails to explicitly disclose a pulley (103) is provided on the backrest frame (101), wherein a first side of the base (31) is formed with a chute (312), and wherein a change in an angle between the at least one of the armrests and the backrest frame correlates to a change in an angle between the seat frame and the backrest frame due to a movement of the pulley within the chute, as best understood by the Examiner (see 112(b) rejection of claim 1 above).
However, Nomura further teaches a main connecting rod plate (51; Fig. 6) with a chute (81; Fig. 6) located therein, and a protrusion (71; Fig. 6) provided on a side near a backrest (3, see [0055] of provided translation; Fig. 6), such that when the backrest (3) is reclined or sat upright, the protrusion (71) to move within the chute (81), and causes a corresponding movement of the handrail (4; [0075]-[0076], see provided translation; Figs. 7-9).
Therefore, as best understood by the Examiner, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the arrangement of the pulley and chute taught by Chang with the pulley and chute arrangement taught by Nomura such that, the pulley (14) is provided on the backrest frame (14 installed on Nomura 31, see Nomura [0055] of provided translation; Nomura Fig. 6), and a first side of the base is formed with a chute (221 opened in 11, see Nomura 81 opened in Nomura 51; Nomura Fig. 6; Examiner’s Note: interpreting “pulley” and “chute” in light of paragraphs [0011] and [0040] of Applicant’s specification and Figures 7-9 of Applicant’s drawings), wherein a change in an angle between the at least one of the armrests and the backrest frame correlates to a change in an angle between the seat frame and the backrest frame due to a movement of the pulley within the chute (Nomura [0075]-[0076], see provided translation; Nomura Figs. 7-9) to ensure the armrest remains in a horizontal, or “closed”, position regardless of the angle of the backrest relative to the seat portion (Nomura [0056], see provided translation).
While Chang does disclose the base (11) includes a first shaft hole (12; Fig. 1), Chang, alone or as modified by Nomura above, fails to explicitly teach the first shaft hole (12) is configured for pivotal connection with the backrest frame.
However, Kapusky teaches a chair with an analogous armrest system (see Figs. 2A-2C) with two armrests (5 and 6; Fig. 2A) that are pivotable between a horizontal use position, UP, (see Figs. 2B-2C) and a vertical stowed position, SP, (see Figs. 2B-2C). Kapusky further teaches an armrest carrier structure (20; Fig. 4) with a pivot joint (8; Fig. 4) that is tilted at a 45° axis relative to a mounting plate (11; Fig. 4, see axis OP tilted at 45° angle relative to axis ZMP), where the mounting plate (11) has a first mounting surface (11.1; Fig. 4) that is mounted on a backrest (3; Figs. 3A-3B).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the flipping device taught by Chang to with the tilted armrest carrier structure taught by Kapusky above, such that a second side of the base (Kapusky 11; Kapusky Fig. 4) is formed with a first shaft hole (see Annotated Kapusky Fig. 4 below, where Kapusky 11 is attached to Nomura 31, see Kapusky pg. 15, lines 25-28) configured for pivotal connection with the backrest frame (Kapusky Figs. 2B-3B) to ensure the armrest is completely out of the way of the side entry when positioned in an “open” position (Kapusky pg. 16, lines 9-23) to mitigate any difficulty, or interference of the armrest, when a user is entering or exiting the massage chair.
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Annotated Kapusky Fig. 4
Regarding claim 3, Chang as modified teaches the invention as set forth in claim 1, wherein an angle is formed between a center axis of the first shaft hole and the rotation axis of the flipping fixed seat (see Annotated Kapusky Fig. 4 above, where an angle is formed between a center axis of the first shaft hole and the rotation axis of Kapusky 8, where the center axis of the first shaft hole is not parallel to the rotation axis of the flipping fixed seat).
Regarding claim 5, Chang as modified teaches the invention as set forth in claim 1, wherein the flipping fixed seat (20) is movably installed on the base (where Chang 11 is Kapusky 11, see claim 1 above) along the rotation axis (see Figs. 4-5, see claim 1 above).
Regarding claim 11, Chang as modified teaches the invention as set forth in claim 1, wherein a fixing groove is opened on the at least one of the armrests (recess in armrest 40, see Annotated Figs. 1 and 3 below), and the flipping fixed seat (20) is tightly fitted into the fixing groove (see Annotated Figs. 1 and 3 below, where 21 of 20 is tightly fitting in a recess within armrest 40).
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Annotated Figs. 1 and 3
Regarding claim 12, Chang as modified teaches the invention as set forth in claim 1, wherein a positioning groove is provided on the at least one of the armrests and a positioning column is provided on the flipping fixed seat to fit with each other (see Figs. 1 and 2, where 40 has grooves to receive screws from 20 to fix 20 to 40), wherein the positioning groove is configured to fit with the positioning column (grooves in 40 fit with screws from 20, see Figs. 1-2).
Claims 6-8 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I326206) in view of Nomura (CN 101513377 A) in view of Kapusky (WO 2020169344 A1) as applied to claims 1 and 5 above, and further in view of Kim (KR 102208273 B1).
Regarding claim 6, Chang as modified teaches the invention as set forth in claim 5, wherein the flipping device (20 and Kapusky 11, see claim 1 above) further comprises a base shaft (23; Fig. 1) extending axially along the rotation axis (see Fig. 1, where 23 extends axially along the rotation axis), a rotating base sleeve (12; Fig. 4) threadedly connected to an outer periphery of the base shaft (23 has recess 231, see Figs. 1 and 4, where 12 is threadedly connected to an outer periphery of 23 via 30 positioned within 231; [0005], see provided translation), but fails to teach a drive source connected to the base, and a transmission unit, wherein the drive source is connected to the rotating base sleeve through the transmission unit and drives the rotating base sleeve to rotate, wherein the base shaft is fixedly connected to the base, and the rotating base sleeve is fixedly connected to the flipping fixed seat.
However, Kim teaches a vehicle armrest unit (100; Fig. 3) with a fixed housing (110; Fig. 3), rotation housing (120; Fig. 3), piston part (130; Fig. 3), a stopper portion (180; Fig. 3) having a protrusion (182; Fig. 6), an actuator (150; Fig. 3), a first gear (151; Fig. 3), and a second gear (121; Fig. 3). Kim further teaches the fixed housing (110) extends axially along a rotation axis (see Fig. 3) and is coupled to a frame part of a seat back (110 coupled to F of seat back 1, see [0029] of the provided translation; Fig. 4), the rotation housing (120) is mounted on the fixed housing (see first sentence of [0022] of provided translation) and is rotatably coupled to the fixed housing (110, see Fig. 4 and [0020] of the provided translation; see [0032] of provided translation where 120 is threadedly connected to 110 via a guide pin, 122, and 112; [0033], see provided translation; [0040], see provided translation). Furthermore, Kim teaches the actuator (150) applies a rotational force to the rotation housing (120) via the first gear and the second gear (151 and 121, see [0036] of the provided translation).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the flipping device of Chang with the armrest rotation device of the vehicle armrest unit taught by Kim above, such that the flipping device (20 and Kapusky 11) further comprises a base shaft (Kim 110; Kim Fig. 3) extending axially along the rotation axis (see Kim Fig. 3), a rotating base sleeve (Kim 120; Kim Fig. 3) threadedly connected to an outer periphery of the base shaft (see first sentence of Kim [0022] of provided translation; see Kim Fig. 4 and Kim [0020] of the provided translation; see Kim [0032] of provided translation where Kim 120 is threadedly connected to Kim 110 via a guide pin, Kim 122, and Kim 112), a drive source (Kim 150; Kim Fig. 3) connected to the base (Kim 150 connected to Kapusky 11, see Kim Figs. 3-4 where Kim 150 is coupled to a base component of Kim F), and a transmission unit (Kim 151 and Kim 121; Kim Fig. 3), wherein the drive source (Kim 150) is connected to the rotating base sleeve through the transmission unit (Kim 150 connected to Kim 120 via Kim 151 and Kim 121, see Kim Figs. 3-4) and drives the rotating base sleeve to rotate (Kim [0036], see provided translation), wherein the base shaft is fixedly connected to the base (Kim 110 connected to Kapusky 11), and the rotating base sleeve is fixedly connected to the flipping fixed seat (Kim 120 is fixedly connected to Chang 20) to automate a manual activity of raising and lowering the armrest (see MPEP 2144.04.III).
Regarding claim 7, Chang as modified teaches the invention as set forth in claim 6, wherein the flipping device (20 and 11) further comprises a flipping connecting sleeve (Kim 180; Fig. 3) sleeved on an outer periphery of the rotating base sleeve (Kim 180 sleeved on outer periphery of Kim 120, see Kim Fig. 3), wherein an end of the flipping connecting sleeve (Kim 180) is provided with a limiting flange part (Kim 182) fixedly connected to the flipping fixed seat (Kim 182 connect to Chang 20, see Kim [0033] and Kim [0041] of provided translation, where Kim 182 connects to Kim 130, and Kim 130 connects to Kim 140 to actuate the rotation of Kim 140), wherein the limiting flange part (Kim 182) is located between the flipping fixed seat and the base shaft in an axial direction of the base shaft (Kim 182 is located between Kim 130 and Kim 110 in an axial direction of Kim 110 as Kim 182 protrudes toward Kim 122, see Kim [0033] of provided translation and Kim Figs. 4-5, hence Kim 182 can be located between Chang 20 and Kim 110 in an axial direction of Kim 110), and is capable of abutting against the base shaft (Kim 182 can abut against Kim 110 as Kim 182 is retained within Kim 112 of Kim 110, see Kim [0033] of provided translation), wherein the other end of the flipping connecting sleeve is fixedly connected to the rotating base sleeve (end of Kim 180 opposite of Kim 182 is connected to Kim 120, see Kim Figs. 4 and 6).
Regarding claim 8, Chang as modified teaches the invention as set forth in claim 6, wherein the transmission unit (Kim 151 and Kim 121; Kim Fig. 3) comprises a transmission worm (Kim 151) rotatably supported in the base (Kim 151 rotatable supported by Kim 150, where Kim 150 connected to Kapusky 11, see claim 6 above), and a turbine sleeve (formation and connection of Kim 121 to Kim 120, see Kim Fig. 4) fixed on the outer periphery of the rotating base sleeve (Kim Fig. 4, where formation and connection of Kim 121 is fixed on an end of Kim 120), wherein a turbine portion (Kim 121) is provided on the turbine sleeve (see Kim Figs. 3-4) and is in transmission engagement with the transmission worm (see Kim Figs. 3-4; Kim [0036], see provided translation), and the drive source (Kim 150) is in transmission connection with the transmission worm (Kim 150 drives transmission and rotation of Kim 151, see Kim [0036] of provided translation), driving the transmission worm to rotate (Kim [0036], see provided translation).
Regarding claim 15, Chang as modified teaches the invention as set forth in claim 6, wherein the base shaft (Kim 110; Kim Fig. 3) is fixedly connected to the base (Kim 110 connected to Kapusky 11, see claim 6 above) and is threadedly connected to the rotating base sleeve (Kim Fig. 4; first sentence of Kim [0022], see provided translation; Kim [0020], see provided translation; Kim [0032], see provided translation, where Kim 120 is threadedly connected to Kim 110 via a guide pin, Kim 122, and Kim 112), wherein the rotating base sleeve rotates relative to the base (Kim [0036], see provided translation) and moves axially relative to the base shaft along the rotation axis (see Kim guide slit in Kim Fig. 5; Kim [0032]-[0033], see provided translation; Kim [0040], see provided translation), as best understood by the Examiner (see rejection of claim 15 under 35 U.S.C. 112(b) above).
Regarding claim 16, Chang as modified teaches the invention as set forth in claim 15, wherein the drive source (Kim 150) simultaneously drives the rotating base sleeve (Kim 120) of the flipping device to rotate relative to the base (Kim [0036], see provided translation; Kim Fig 3) and to move axially relative to the base shaft (see Kim guide slit in Kim Fig. 5; Kim [0032]-[0033], see provided translation; Kim [0040], see provided translation).
While Chang as modified does teach an angle formed between the center axis of the first shaft hole and the rotation axis of the flipping fixed seat (see Annotated Kapusky Fig. 4 below, where rotation axis of Kapusky 8 is the rotation axis of Chang 20, see claim 1 above) such that an angle is formed between the base (Kapusky 11) causing the armrest (40) to move toward the chair frame when the armrest is being flipped upward (Kapusky pg. 16, lines 19-22) and move away from the chair frame when the armrest is being flipped downward (Kapusky pg. 16, lines 19-23). Hence, Chang as modified fails to explicitly teach enabling the flipping fixing seat (20, where 20 is connected to Kim 120 and Kapusky base 11, see claims 1 and 6 above), to move the at least one of the armrests outward away from the chair frame when driving the at least one of the armrests to flip upward, and to move the at least one of the armrests (20) inward toward the chair frame (10) when driving the at least one of the armrests (20) to flip downward.
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Annotated Kapusky Fig. 4
However, it would be obvious one of ordinary skill in the art to rearrange the orientation of the base (11) on the backrest frame (31) such that the angle formed between the base (Kapusky 11) and the flipping fixed seat (20) causes the armrest (40) to move away from the chair frame (10) when the armrest (40) is being flipped upward and to move toward the chair frame (10) when the armrest (40) is being flipped downward for the purpose of minimizing interference of the armrest when a user is entering or exiting the massage chair. Further, the rearrangement of the orientation of the base (11) on the backrest frame (31) would not modify the operation of the device of Chang as currently modified (see MPEP 2144.VI.C).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I326206) in view of Nomura (CN 101513377 A) in view of Kapusky (WO 2020169344 A1) in view of Kim (KR 102208273 B1) as applied to claim 6 above, and further in view of Kim (US 20050094909 A1; hereinafter “Kim ‘909”).
Regarding claim 9, Chang as modified teaches the invention as set forth in claim 6, but fails to teach wherein an oil groove is opened on an inner peripheral surface of the rotating base sleeve.
However, Kim ‘909 teaches a shaft (40; Fig. 1) within a rotating sleeve (20; Fig. 1), where the rotating sleeve (20) has oil grooves (22; Fig. 2) on an inner circumferential surface of the rotating sleeve (see Fig. 2; [0011]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inner circumferential surface of the rotating base sleeve (Kim 120), as taught by Chang as modified in claim 6 above, to have oil groove (Kim ‘909 22, see Kim ‘909 Fig. 2), as taught by Kim ‘909, to reduce friction between the rotating base sleeve and the base shaft (Kim ‘909 [0011]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I326206) in view of Nomura (CN 101513377 A) in view of Kapusky (WO 2020169344 A1) in view of Kim (KR 102208273 B1) as applied to claim 6 above, and further in view of Kawagoe & Takarabe (US 20190110945 A1; hereinafter “Kawagoe”).
Regarding claim 10, Chang as modified teaches the invention as set forth in claim 6, wherein the drive source (Kim 150) is a motor (Kim [0036], see provided translation), but fails to teach a controller and a current detector, and the current detector is used to detect a current of the drive source, wherein both the current detector and the drive source are connected to the controller.
However, Kawagoe teaches a massage unit (17; Fig. 2) with a motor (43; Fig. 2), a current detection resistor (85A; Fig. 4) to detect the current of the motor ([0053]), and a controller (60; Fig. 3), where the current detector resistor (85A) and the motor (43) are connected to the controller (43 connected to 60, see [0043]; 85A connected to 66, see Fig. 4, where 66 is included in 60, see Fig. 3).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chang with the current detector and controller taught by Kawagoe, such that Chang as modified teaches a controller (Kawagoe 60; Kawagoe Fig. 3) and a current detector (Kawagoe 85A; Kawagoe Fig. 4), and the current detector (Kawagoe 85A) is used to detect a current of the drive source (Kawagoe 85A detects current of Kim 150; Kawagoe [0053]), wherein both the current detector (Kawagoe 85A) and the drive source (Kim 150) are connected to the controller (Kawagoe 85A connected to Kawagoe 60, see Kawagoe Figs. 3-4 and explanation provided above; Kim 150 connected to Kawagoe 60, see Kawagoe [0043]) to improve accuracy in the automated actuation of the armrest by rotating the armrest in a predetermined direction at a constant speed (Kawagoe Abstract).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW I326206) in view of Nomura (CN 101513377 A) in view of Kapusky (WO 2020169344 A1) as applied to claim 1 above, and further in view of Newfer et al. (US 20160279003 A1; hereinafter “Newfer”).
Regarding claim 13, Chang as modified teaches the invention as set forth in claim 1, but fails to teach wherein a limiting boss is fixed on the at least one of the armrests, and a limiting groove is provided in the chair frame; wherein when the at least one of the armrests is not flipped and blocks the side entrance, the limiting boss is located in the limiting groove.
However, Newfer teaches a chair (10; Fig. 1) with an analogous armrest assembly (22 and 24; Figs. 2-3), where at least one armrest (22) including a latching mechanism upper portion (112; Figs. 4 and 6) and a pivoting hook (152; Fig. 6), and at least one arm base (24; Figs. 1 and 4) including a lower frame portion (128; Figs. 4 and 6) with a latching mechanism lower portion (132; Figs. 4 and 6) and an eyelet (150; Fig. 6), wherein the latching mechanism upper portion (112) is located in the latching mechanism lower portion (132, see Fig. 5) such that the pivoting hook (152) engages the eyelet (150, see Fig. 5) when the armrest (22) is in a closed position.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the armrest and chair frame taught by Chang to have the latching mechanism taught by Newfer (see above), such that a limiting boss (Newfer 112; Newfer Figs. 4 and 6) is fixed on the at least one of the armrests (Newfer 112 fixed on Chang 40), and a limiting groove (Newfer 132; Newfer Figs. 4 and 6) is provided in the chair frame (Newfer 132 provided on Chang 10); wherein when the at least one of the armrests is not flipped and blocks the side entrance (see Chang Fig. 4), the limiting boss is located in the limiting groove (see Newfer Fig. 5, where Newfer 112 is located in Newfer 132) to selectively secure the armrest to the chair frame (Newfer [0013]) to provide a reliable and sturdy armrest for a user.
Response to Arguments
Applicant’s arguments with respect to claim 1, as amended in amendment filed on 05/21/2026, have been considered but are moot because the new ground 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.
On pages 6-7 of the Remarks (filed on 05/21/2026), Applicant argues independent claim 1 has been amended to incorporate portions of the technical features of original claims 2-4, hence, Chang fails to teach each and every element of the amended independent claim 1. While the Examiner agrees Chang fails to teach each and every element of independent claim 1, the amended limitation incorporating portions of the technical features of original claims 2-4 (i.e., limitations disclosed in amended claim 1, lines 9-17) changes the scope of claim 1. Additionally, amended limitation of “a movement of the pulley (103) within the chute (312) drives the flipping device (30) to move the at least one of the armrests (20) forward or rearward relative to the backrest frame (101)”, as required by amended claim 1 (lines 17-20) is new presented and further alters the scope of claim 1. Hence, Applicant’s argument is moot. Chang in combination with Nomura and Kapusky teaches each and every element of amended claim 1 (see rejection of amended claim 1 under 35 U.S.C. 103 above).
Applicant provides an explanation of correlated movement of the pulley in the chute with the movement of the armrest and flipping seat when the backrest is reclined (Remarks pgs. 8-9); however, the provided explanation is not fully supported by Applicant’s disclosure (i.e., Remarks pg. 8, lines 15-23). On pages 9-11 of the Remarks, Applicant further argues Nomura, Kapusky, Kim, and Kim 909 are silent to the technical feature of a movement of the pulley within the chute drives the flipping device (30) to move the at least one of the armrests (20) forward or rearward relative to the backrest frame (101). The amended limitation “a movement of the pulley within the chute drives the flipping device (30) to move the at least one of the armrests (20) forward or rearward relative to the backrest frame (101)” (claim 1, lines 17-20) is new matter as it lacks support in Applicant’s specification (see rejection of claim 1 under 35 U.S.C. 112(a) above), and the scope of the limitation is unclear (see rejection of claim 1 under 35 U.S.C. 112(b) above); hence, said limitation is interpreted as – a change in an angle between the at least one of the armrests and the backrest frame correlates to a change in an angle between the seat frame and the backrest frame due to a movement of the pulley within the chute – as best understood by the Examiner based on Applicant’s specification and drawings. Nomura teaches a main connecting rod plate (51; Fig. 6) with a chute (81; Fig. 6) located therein, and a protrusion (71; Fig. 6) provided on a side near a backrest (3, see [0055] of provided translation; Fig. 6), such that when the backrest (3) is reclined or sat upright, the protrusion (71) to move within the chute (81), and causes a corresponding movement of the handrail (4; [0075]-[0076], see provided translation; Figs. 7-9); therefore, Nomura teaches the amended limitation of a change in an angle between the at least one of the armrests and the backrest frame correlates to a change in an angle between the seat frame and the backrest frame due to a movement of the pulley within the chute as best understood by the Examiner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
PAZ (US 20220386776 A1): Regarding a chair with an armrest connected to a side of a backrest, and where the armrest includes a mechanism to change the angle between a seat of the chair and the backrest and adjusts the position of the armrest accordingly.
Oguri (JP 2008178491 A): Regarding a massage chair with a sliding mechanism provided at a pivot point between an armrest and a side of a backrest that allows the position of the armrest to be adjusted forward and backward in relation to the position of the backrest.
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 ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 9:00 AM to 6:00 PM ET.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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