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 .
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 1-2, 6-17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Robert S. Scheurer et al (U. S. Patent Application: 2002/0096926, here after 926), further in view of Edward Secon (U.S. Patent: 4473254, here after 254).
Claim 1 is rejected. 926 teaches a method for manufacturing a buoyant pool lounge chair for supporting a person while the buoyant pool lounge chair is floating in water [0001-0002], the method comprising:
providing frame members collectively forming an open chair frame, the frame members including a seat frame having a front end and a rear end, the seat frame having a top side and a bottom side, the seat frame including a seat support member, the seat support member being steel [0017, fig. 2, 0042]; and
wherein the buoyant pool lounge chair is configured to maintain buoyancy sufficient to support at least a 250-Ib adult occupant [0042] while floating in water with the chair seat at least partially submerged (floating in water causes object less weight due to buoyant force, therefore when 926 teaches the chair supports 250-lb person, it would definitely support that person when the chair is floated in water) and the chair back and arm rests in an upright position[0011, 0041]; and
sequentially advancing the open chair frame through an integrated processing line comprising multiple stations(obviously) wherein each station is distinct and interacts with an article received as an input to produce an article which is the output, allowing for single or multiple coatings:
applying an adhesive coating to (at a second station) [0059], attaching buoyant cushions to the adhesive coating (at a third station), the buoyant cushions forming a chair seat [fig. 13, 0059], and coating the buoyant cushions with a second vinyl polymer coating (46) [fig. 13, 0052] (at a fourth station), such that the second vinyl polymer coating fully encapsulates the buoyant cushions and adhesive coating to form a continuous waterproof barrier[0052 last 4 lines]. 926 does not teach coating the steel with a first vinyl polymer coating to provide steel-to-vinyl contact at a first station. 254 teaches coating iron-based chair frames and covered with plasticized material such as vinyl for protection against outdoor weather [column 2 lines 51-57] which in fact has to be fully encapsulating the steel seat support member in (a first) vinyl polymer coating to provide steel-to-vinyl contact, such that the steel is completely covered and the first vinyl polymer coating forms a continuous barrier around the steel seat support member, because it provide durability for withstanding the outdoor weather and has to completely seal the steel from outdoor weather. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926 when the steel (iron based) frame is coated with vinyl polymer first (in a first station), because it helps protecting the frame against outdoor weather (providing steel to vinyl contact). Therefore, by fully encapsulating the steel with first vinyl polymer, the adhesive coating being in contact only with the first vinyl polymer coating and not with steel, and such that a radial cross-section of each of the frame members from center to end as a radius consists essentially of steel to first vinyl polymer to adhesive coating to buoyant cushion to second vinyl polymer.
Claim 2 is rejected as 926[0052] and 254[column 2 lines 51-57] both teach the first vinyl polymer coating and the second vinyl polymer coating to comprise the same material (vinyl polymer).
Claim 6 is rejected as prior art of 926 teach applying (the second) vinyl polymer coating using at least one of dipping, spraying [0006, 0052 last sentence].
Claim 7 is rejected as 926 teaches adhesive coating to comprise an elastomeric sealant (flexible caulking) [0052].
Claim 8 is rejected as 926 teaches selecting the buoyant cushions to comprise polyurethane foam [0043].
Claim 9 is rejected. 926 teaches selecting the buoyant cushions to comprise closed cell polyurethane foam [0043].
Claim 10 is rejected. 926 teaches attaching buoyant arm cushions to respective left and right arm frame segments, selecting the buoyant arm cushions (14 A, 14B) to form respective left and right arm rests [fig. 10, fig. 12], and selecting the buoyant arm
cushions to be coated with the second vinyl polymer coating (46) [0052]; which in fact an adhesive coating to be interposed between the first vinyl polymer coating (coated steel frame) and the buoyant arm cushions.
Claim 11 is rejected 926 teaches selecting the left arm frame segment to comprise an arm support riser that is laterally offset from the seat frame and an arm rest segment that is vertically offset from the seat frame, and selecting the right arm frame segment to comprise an arm support riser that is laterally offset from the seat frame and an arm rest segment that is vertically offset from the seat frame [0011].
Claim 12 is rejected. 926 teaches selecting the seat frame to comprise first and second parallel seat support members [fig. 2].
Claim 13 is rejected. 926 teaches attaching buoyant back cushions (12A, 12B) to a plurality of back frame segments, selecting the buoyant back cushions to forma backrest [fig. 1], and selecting the buoyant back cushions to be coated with the second vinyl polymer coating (exposed external surfaces) [0052]; and selecting an adhesive coating to be interposed between the first vinyl polymer coating (coating on frame) and the buoyant back cushions [0060].
Claim 14 is rejected as 926 teaches selecting the plurality of back frame segments to comprise first and second back support members having respective first and second back segments projecting therefrom and intersecting respective ends of a central back segment (32C right and left side) [fig. 2], and selecting a back cross member(38C) to extend from the first back support member to the second back support member [fig. 2].
Claim 15 is rejected as 926 teaches incorporating a pair of rear pivotal coupling and clutch assemblies that permit pivotal movement of the back frame relative to the seat frame[abstract].
Claim 16 is rejected. 926 teaches attaching buoyant leg cushions to a plurality of leg frame segments, selecting the buoyant leg cushions to form a leg rest [0038], and selecting the buoyant leg cushions to be coated with the second vinyl polymer coating [0050, 0064]; and selecting an adhesive coating (42) to be interposed between the first vinyl polymer coating (coated on frame 30E, 30C, 30D) and the buoyant leg cushions [fig. 23, fig. 2].
Claim 17 is rejected. 926 teaches selecting the plurality of leg frame segments to comprise first and second leg support members having respective first and second leg segments (30C left and right) projecting therefrom and intersecting respective ends of a central leg segment [fig. 2].
Claim 19 is rejected. 926 teaches a method for manufacturing a buoyant pool lounge chair for supporting a person while the buoyant pool lounge chair is floating in water [0001-0002], the method comprising:
providing frame members collectively forming an open chair frame [fig. 2], the frame members including a seat frame having a front end and a rear end, the seat frame having atop side and a bottom side, the seat frame including a seat support member, the seat support member being steel [fig. 2, 0042]; and
wherein the buoyant pool lounge chair is configured to maintain buoyancy sufficient to support at least a 250-Ib adult occupant [0042] while floating in water with the chair seat at least partially submerged (floating in water causes object less weight due to buoyant force, therefore when 926 teaches the chair supports 250-lb person, it would definitely support that person when the chair is floated in water) and the chair back and arm rests in an upright position[0011, 0041]; and
sequentially advancing the open chair frame through an integrated processing line comprising multiple stations wherein each station interacts with an article received
as an input to produce an article which is the output(obviously), allowing for single or multiple coatings:
applying an adhesive coating to (at a second station) [0059], so the frame is encapsulated by adhesive [fig. 13], attaching buoyant cushions to the adhesive coating (at a third station), the buoyant cushions forming a chair seat [fig. 13, 0059], and coating the buoyant cushions with a second vinyl polymer coating (46) [fig. 13, 0052] (at a fourth station). 926 teaches protecting and coating steel frame [0059]. 926 does not teach coating the steel with a first vinyl polymer coating to provide steel-to-viny! contact at a first station. 254 teaches coating iron-based chair frames with plasticized material such as vinyl for protection against outdoor weather [column 2 lines 51-57]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926 when the steel (iron based) frame is coated with vinyl polymer first (in a first station), because it helps protecting the frame against outdoor weather (providing steel to vinyl contact). Therefore, such that a radial cross- section of each of the frame members from center to end as a radius consists essentially of steel to first vinyl polymer to adhesive coating to buoyant cushion to second vinyl polymer.
Claim 20 is rejected. 926 teaches a method for manufacturing a buoyant pool lounge chair for supporting a person while the buoyant pool lounge chair is floating in water [0001-0002], the method comprising:
providing frame members collectively forming an open chair frame, the frame members including a seat frame having a front end and a rear end, the seat frame
having a top side and a bottom side, the seat frame including a seat support member, the seat support member being steel [fig. 2, 0042]; and
wherein the buoyant pool lounge chair is configured to maintain buoyancy sufficient to support at least a 250-Ib adult occupant [0042] while floating in water with the chair seat at least partially submerged (floating in water causes object less weight due to buoyant force, therefore when 926 teaches the chair supports 250-lb person, it would definitely support that person when the chair is floated in water) and the chair back and arm rests in an upright position[0011, 0041]; and
sequentially advancing the open chair frame through an integrated processing line comprising multiple stations wherein each station interacts with an article received as an input to produce an article which is the output, allowing for single or multiple coatings(obviously):
applying an adhesive coating to (at a second station) [0059], so the frame is encapsulated by adhesive [fig. 13], attaching buoyant cushions to the adhesive coating (at a third station), the buoyant cushions forming a chair seat [fig. 13, 0059], and coating the buoyant cushions with a second vinyl polymer coating (46) [fig. 13, 0052] (at a fourth station) which in fact encapsulates the buoyant cushions as a 926 and prior art teach a layer of solvent-based vinyl coating material is applied to the exposed external surfaces of the lounge chair while it is suspended on a threaded weldment from a hanger strap (as described in 09/178818) [0052]. 926 teaches protecting and coating steel frame [0059]. 926 does not teach coating the steel with a first vinyl polymer coating to provide steel-to-vinyl contact at a first station. 254 teaches coating iron-based chair frames with plasticized material such as vinyl for protection against outdoor weather [column 2 lines 51-57]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926 when the steel (iron based) frame is coated with vinyl polymer first (in a first station), because it helps protecting the frame against outdoor weather (providing steel to vinyl contact). Therefore, such that a radial cross-section of each of the frame members from center to end as a radius
consists essentially of steel to first vinyl polymer to adhesive coating to buoyant cushion to second vinyl polymer.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Robert S. Scheurer et al (U. S. Patent Application: 2002/0096926, here after 926), Edward Secon (U. S. Patent: 4473254, here after 254), further in view of Joachim Staroste et al (U. S. Patent: 4093305, here after 305).
Claim 3 is rejected. 926 teaches applying liquid vinyl coating and obviously curing(drying) [0052 see 09/178818], wherein the same method of coating also can be applied for coating frames with expectation of success, but does not teach vinyl is PVC. 305 teaches coating chair beams (frame) with PVC protective [column 1 lines 55-58]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926, and 254 when the first vinyl polymer is PVC, because it is suitable protective vinyl polymer to be coated on frames of deck- chairs (protection against outside environment).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Robert S. Scheurer et al (U. S. Patent Application: 2002/0096926, here after 926), Edward Secon (U. S. Patent: 4473254, here after 254), further in view of Donald E. Little (U. S. Patent: 4821354, here after 354).
Claim 4 is rejected as 926 teaches selecting the second vinyl polymer coating to comprise a cured polyvinyl liquid vinyl coating [0052] (applying solvent-based vinyl coating material to the exposed external surfaces of the lounge chair, see 09/178818), but does not teach it is PVC. 354 teaches coating pool cushions(mat) comprising urethane with PVC and sealing[abstract]. Therefore, it would have been obvious to one
of ordinary skill in the art at the time of the invention was made to have a method of 926 when the vinyl polymer is PVC, because it is suitable vinyl polymer to be coated on (poly)urethane pool mates.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Robert S. Scheurer et al (U. S. Patent Application: 2002/0096926, here after 926), Edward Secon (U. S. Patent: 4473254, here after 254), further in view of Jun Huang (Chinese Patent: 1466872, here after 872).
Claim 5 is rejected. 926 and 254 teach applying vinyl polymer to iron-based frame(steel) to protect it, but do not teach applying by dipping. 872 teaches applying vinyl polymer to iron frame to protect it (prevent rust) by immersing it in polymer(plastic)[abstract, background art]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926, and 254 when the first vinyl polymer is applied to iron kind frame by dip coating, because it is suitable method to apply vinyl polymer for protecting it.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Robert S. Scheurer et al (U. S. Patent Application: 2002/0096926, here after 926), Edward Secon (U. S. Patent: 4473254, here after 254), further in view of Sandi LaFreniere (U. S. Patent: 2008/0203802, here after 802).
Claim 18 is rejected. 926 teaches back pivoting and clutch assembly [0027] and does not teach incorporating a pair of front pivotal coupling and clutch assemblies that permit pivotal movement of the leg frame relative to the seat frame. 802 teaches a method of making pool chair and teaches back pivoting and front pivoting system to adjust angle between the seat and leg support [fig. 4, 0031, 0036-0037]. Therefore, it
would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926, and 254 when the there is a front pivoting mechanism as well, because it helps adjustment of leg part of the chair. Although 802 does not teach clutch assembly for it, however it would be obvious to use conventional clutch assembly of 926 for front movement of the leg frame relative to the seat frame as 926 suggested it for back pivoting and clutch assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of 926, and 254 when there is a front pivotal coupling and front clutch assembly as well as back front pivoting and back clutch assembly, because it helps adjusting position and angle the seat relative the leg support as well as back seat support relative to seat.
Response to Arguments
Applicant’s arguments, see Remarks, filed 08/13/25, with respect to 35 U.S.C 112(b) have been fully considered and are persuasive. The 35 U.S.C 112(b) of claim 14 has been withdrawn.
Applicant's arguments filed 08/13/25 have been fully considered but they are not persuasive. The applicant argues the references do not teach new limitations of amended claims. The examiner disagrees, 926 teaches the chair supports 250-lb person [0011, 0041]; which in fact definitely support that person when the chair is floated in water as floating in water causes object less weight due to buoyant force, therefore when 926 teaches the chair supports 250-lb person, it would definitely support that person when the chair is floated in water.
The applicant argues 926 does not teach vinyl layer encapsulating steel. However, 254 teaches coating iron-based chair frames and covered with plasticized material such as vinyl for protection against outdoor weather [column 2 lines 51-57] prior to any coating steps, therefore the cover coat has to be fully encapsulating the steel seat support member in (a first) vinyl polymer coating to provide steel-to-vinyl contact, such that the steel is completely covered has to completely seal the steel from outdoor weather. The applicant argument regarding 254 is designed for intended environment is not persuasive as 926 chair is also intended to use outside and facing outdoor weather and also water. The applicant argument regarding different structure or 254 is not persuasive as 254 is cited to include first vinyl coating and not altering structure of 926. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In fact of 926 and 254 teach metal frame made from iron which can be corroded in outside weather and require to be protected, and the fact that 926 talks about preventing rust of steel frame means they are curious regarding weather and corrosion effect.
The applicant argument regarding second station is not persuasive, 926 teaches applying adhesive layer which in fact should be in a station and since 254 teaches covering the metal with first vinyl layer therefor the adhesive layer would apply to first vinyl polymer.
The applicant argument regrading third station not disclosed by 926 is not persuasive as 926 teaches attaching cushion and it must happen in station distinct from other stations as it requires different process to be done (please notice that the claims are to method and not apparatus). Same argument is valid for the fourth station as 926 and cited art by it teach immerging the seat results in encapsulation layer and not discrete layer, therefor the radial layers are same as require by claim.
The applicant argues there is no motivation for having 4 stations, however the process done in formation of the chair are distinct and must be done in separate stations.
Same above statements are valid for the rest of the applicant argumentss.
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 TABASSOM TADAYYON ESLAMI whose telephone number is (571)270-1885. The examiner can normally be reached M-F 9:30-6.
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/TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
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