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 .
Examiner’s Note
Examiner notes claim 11 depends from “any one of claims 1-8 and 10” and claim 9 “depends from claim 11”. Each of the dependencies will be labeled as follows in the rejection sections below:
11(1) is 11 as it depends from 1; and 9(1) is 9 as it depends from 11, depending from 1.
11(2) is 11 as it depends from 2; and 9(2) is 9 as it depends from 11, depending from 2, depending from 1… and so on
11(3); and 9(3)
11(4); and 9(4)
11(5); and 9(5)
11(6); and 9(6)
11(7); and 9(7)
11(8); and 9(8)
11(10); and 9(10)
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 11(1) – 11(5), and 9(1) -- 9(5) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (TW 202220585A).
Regarding claim 1, Chen discloses a sofa module (sofa unit 100A with at least backrest assy. 40A; Figs. 4-5), comprising:
a sofa seat (at least base 10), wherein a top surface of the sofa seat is provided with:
at least two splice slots in a region close to each side edge (connecting holes 114), and
a first splice member (locking member 45) and
a second splice member, each corresponding to the splice slots (fastener 50; Fig. 8),
wherein the first splice member comprises:
a first insertion rod inserted in the splice slot (backrest screw 451 in connecting hole 114) and
a first connection rod that has one end connected to the first insertion rod and the other end connected to a back plate (the office notes the threaded end of locking member 45 in Fig. 5 and backrest connecting portion 412 of the backrest member 41); and
wherein the second splice member comprises:
a second insertion rod inserted in the splice slot (the office notes pin 53 inserted into fastener 50 and connecting hole 114; Fig. 8),
a second insertion rod configured to be inserted in an adjacent splice slot of the sofa seat (53 in adjacent 114), and
a second connection rod connecting the second insertion rod to a third insertion rod (see specifically item 50 in Fig. 8; i.e., fastener 51 connecting pin 53 to another pin 53).
Regarding claim 2, Chen discloses the sofa module according to claim 1, wherein the top surface of the sofa seat is provided a seat cushion covering the first splice member or the second splice member (cushion 30).
Regarding claim 3, Chen discloses the sofa module according to claim 2, wherein two ends of the second connection rod are respectively connected to top ends of the second insertion rod and the third insertion rod (as detailed in Fig. 8).
Regarding claim 4, Chen discloses the sofa module according to claim 3, wherein arc-shaped bent connecting transition sections are respectively provided between the two ends of the second connection rod and the top ends of the second insertion rod and the third insertion rod (as detailed in Fig. 8).
Regarding claim 5, Chen discloses the sofa module according to claim 1, wherein the first connection rod is provided with a thread (see detailed view of locking members 45, Fig. 5), at one end configured to connect the back plate, configured for connection with a threaded hole on the back plate (Fig. 5).
Regarding claims 11(1) – 11(5), Chen discloses an assembled sofa, comprising a plurality of sofa seats according to any one of claims 1-5, respectively, wherein any adjacent two of the sofa seats are connected by the second splice member; and a sofa backrest or a sofa armrest is formed on the sofa seat by the back plate connected to the first splice member (see the backrest 40A formed on the sofa seat by the back plate connected to a first splice member, best details in Fig. 5).
Regarding claim 9, Chen discloses the sofa module according to claims 11(1) – 11(5), respectively, wherein a back cushion leaning against the back plate is disposed on the seat cushion (Examiner notes a back cushion in Fig. 8).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6-8, 11(6) – 11(8), and 9(6) – 9(8) are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to Claim 1 and further in view of Kerin et al. (US 2009/0278347 A1), hereinafter Kerin.
Regarding claim 6, Chen discloses the sofa module according to claim 1, but does not appear to specifically disclose wherein the top surface of the sofa seat is inserted with an insertion tube, and the splice slot is formed in an internal space of the insertion tube.
However, Kerin teaches a splice connection including an entrance opening formed in a component (432 in 414, Fig. 2) including an insertion tube comprising an internal space (at least the retainer receiving bore, Fig. 2, §[0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the top surface of the sofa seat disclosed by Chen, with the insertion tube comprising an internal space as taught by Kerin, with a reasonable expectation of success, so that the top surface of the sofa seat, specifically at the splice connection points, is inserted with the insertion tube, and the splice slot is formed in the internal space of the insertion tube. The benefit being the predicted outcome of adding to the overall resistance to unintentional unlatching (Kerin, §[0059]).
Regarding claim 7, modified Chen discloses the sofa module according to claim 6, wherein a top end of the insertion tube comprises a flange protruding along a radial direction (Kerin, 440, Fig. 2) and attached to the top surface of the sofa seat (Examiner notes the rim is configured to be attached to component 414, Fig. 2, Kerin).
Regarding claim 8, modified Chen discloses the sofa module according to claim 7, wherein the caliber of a lower part of the insertion tube match an outer diameter of an intended male member (male member 420 and 451, §[0037]); (Examiner notes in the case of modified Chen the intended male member is equivalent to the first insertion rod/second insertion rod/third insertion rod), and
wherein a caliber of an upper part of the insertion tube is greater than the outer diameter of the first insertion rod/second insertion rod/third insertion rod (Examiner notes receiving portion 449 is a greater caliper than the outer diameter of the intended male member, Fig. 211; §[0037]).
Chen as modified by Kerin discloses the invention of claim 8, except for wherein the caliber of the flange of the insertion tube matches an outer diameter of an intended male member wherein, specifically in the case of modified Chen the intended male member is the first insertion rod/second insertion rod/third insertion rod.
However, it would have been obvious to one having ordicary skill in the art before the effective filing date of the claimed invention to make the caliber of the flange of the insertion tube match an outer diameter of an intended male member, i.e., the first insertion rod/second insertion rod/third insertion rod, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The benefit being increasing the predicted outcome of adding to the overall resistance to unintentional unlatching (Kerin, §[0059]); and/or an aesthetically pleasing top surface of the sofa seat/splice slot as desired by the inventor.
Regarding claims 11(6) – 11(8), modified Chen discloses an assembled sofa, comprising a plurality of sofa seats according to any one of claims 6-8, repectively, wherein any adjacent two of the sofa seats are connected by the second splice member; and a sofa backrest or a sofa armrest is formed on the sofa seat by the back plate connected to the first splice member (see the backrest 40A formed on the sofa seat by the back plate connected to a first splice member, best details in Fig. 5).
Regarding claims 9(6) – 9(8), modified Chen discloses the sofa module according to claims 11(6) – 11(8), respectively, wherein a back cushion leaning against the back plate is disposed on the seat cushion (Examiner notes a back cushion in Fig. 8).
Claims 10, 11(10), and 9(10) are rejected under 35 U.S.C. 103 as being unpatentable over Chen, as applied to claim 1, and further, in view of Cao (CN 111887648A).
Regarding claim 10, Chen discloses the sofa module according to claim 1, wherein the sofa seat is of a hollow structure (see page 3 of 53 of the attached document; hollow square body, Figs. 8-10), and
the top surface of the sofa seat is of a frame structure (square body of base; see page 3 excerpt reproduced below);
a cover plate is disposed in the frame structure (cover; see below), and
the cover plate is able to be moved out to form an opening in a surface of the sofa seat (accommodating space configured to open, as detailed here in this excerpt from page 3 of Chen: the present invention proposes a sofa unit, which includes: A base includes a square body and a cover. An accommodating space is formed in the body, and an opening communicated with the accommodating space is formed on the bottom surface of the body… covered on the bottom surface of the main body, and closes the opening), but does not appear to specifically disclose wherein the opening is specifically in the top.
However, Cao teaches a spliced sofa comprising a hollow sofa seat with a frame structure and a cover (DESCRIPTION reproduced: the sofa seat is hollow and the upper opening; the sofa cushion is hinged with the sofa seat as a box cover. the sofa seat can be convenient for placing back cushion or holding pillow, used as storage box).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the sofa module disclosed by Chen with the opening and cover placement as taught by Cao, with a reasonable expectation of success, so that the opening and cover are specifically on the top of the sofa seat. The benefit being the ability to provide a hinge for the cover to allow easy access to the hollow compartment, for example for the predictable outcome of convenient storage.
Regarding claim 11(10), modified Chen discloses an assembled sofa, comprising a plurality of sofa seats according to claim 10, wherein any adjacent two of the sofa seats are connected by the second splice member; and a sofa backrest or a sofa armrest is formed on the sofa seat by the back plate connected to the first splice member (see the backrest 40A formed on the sofa seat by the back plate connected to a first splice member, best details in Fig. 5).
Regarding claim 9(10), modified Chen discloses the sofa module according to claim 11(10), wherein a back cushion leaning against the back plate is disposed on the seat cushion (Examiner notes a back cushion in Fig. 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li (US 12,551,021) teaches a simplified sofa assembly through interlocking components.
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/S.D.G./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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