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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/10/26 has been entered.
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 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 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-lb 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, by attaching and securing the buoyant cushions to the adhesive coating and setting the buoyant cushions [fig. 13, 0059, 0053], 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 and the adhesive coating to form a continuous waterproof barrier [fig. 13], and as 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 or steel open chair) 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, the first vinyl polymer and the second vinyl polymer coating comprising the same material. furthermore, 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 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-lb 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]. 926 teaches attaching buoyant cushions to the adhesive coating (at a third station), the buoyant cushions forming a chair seat by attaching and securing the buoyant cushions to the adhesive coating and setting the buoyant cushions [fig. 13, 0059], and coating the buoyant cushions with a second vinyl polymer coating (46) [fig. 13, 0052] (at a fourth station). 926 teaches the protective vinyl coating (second vinyl coating) is applied over the external surfaces of the lounge chair while it is suspended on a threaded weldment (09/178818, or U.S. 6086150, which is incorporated by reference teaches it in fig.9) therefore excess of coating will be removed (as it will be dropped by gravity), following by drying and curing [6086150 column 1 lines 48-53] the second vinyl polymer coating, and obviously cooling. 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. Although 251 does not how to apply the vinyl coating to the metal frame, however 926 teaches applying vinyl coating by suspending it on a threaded weldment (09/178818, or U.S. 6086150, which is incorporated by reference teaches it in fig.9) therefore excess of coating will be removed (as it will be dropped by gravity), following by drying and curing [6086150 column 1 lines 48-53], which in fact this vinyl coating can apply to chair frame with expectation of success as well, the vinyl polymer coating obviously cool down. 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 251 when the metal frame is coated with first vinyl coating while by suspending it on a threaded weldment as 926 teaches, because it is suitable method for applying vinyl coating to chairs. Although 926 does not teach removing the excess adhesive coating. However, the examiner takes official notice that it is well known in the art to remove, wipe or scrap residual glue after attaching pieces to ensures a clean, professional finish, preserves joint strength, and prevents damage to surrounding finishes or cushions. 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 251 when excess of adhesive coating is remove, because it helps professional finish, preserves joint strength, and prevents damage to surrounding finishes or cushions.
Claim 1 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), further in view of Donald E. Little (U. S. Patent:4821354, here after 354), Edward Secon (U. S. Patent: 4473254, here after 254), Joachim Staroste et al (U. S. Patent: 4093305, here after 305), and Jun Huang (Chinese Patent: 1466872, here after 872).
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-lb 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], 926 teaches adhesive coating to comprise an elastomeric sealant (flexible caulking which apply by flow coating) [0052], and attaching buoyant cushions to the adhesive coating (at a third station), the buoyant cushions forming a chair seat [fig. 13, 0059], by attaching and securing the buoyant cushions to the adhesive coating and setting the buoyant cushions, wherein the buoyant cushions comprise closed cell polyurethane foam [0043];
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 teaches the protective vinyl coating (second vinyl coating) is applied over the external surfaces of the lounge chair while it is suspended on a threaded weldment (dipping or spraying 09/178818, or U.S. 6086150, which is incorporated by reference teaches it in fig.9) therefore excess of coating will be removed (as it will be dropped by gravity), following by drying and curing [6086150 column 1 lines 48-53] the second vinyl polymer coating, and obviously cooling. 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. 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, and 354 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. 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, 354, 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). 926, 354 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, 354, 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. It is also obvious by removing the frame from dipping excess of material (vinyl polymer) removes, and the structure will be dried(cured) and cool to room temperature. Although 926 does not teach removing the excess adhesive coating. However, the examiner takes official notice that it is well known in the art to remove, wipe or scrap residual glue after attaching pieces to ensures a clean, professional finish, preserves joint strength, and prevents damage to surrounding finishes or cushions. 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 251 when excess of adhesive coating is removed, because it helps professional finish, preserves joint strength, and prevents damage to surrounding finishes or cushions.
Response to Arguments
Applicant's arguments filed 04/10/26 have been fully considered but they are not persuasive. The applicant argues fig. 13 of 926 does not teach full encapsulation of steel seat support. The examiner disagrees, in fact since 251 teaches dipping the steel (frame) in vinyl polymer, therefor the metal(frame) is fully encapsulated. The applicant also argues the references do not teach distinct stations, however since the process are distinct therefore the stations has to be distinct as well for example dipping the metal frame in vinyl polymer (first step) requires a tank, vinyl polymer, and other equipment’s and cannot be done in attachment station (third step).
The applicant argues the reference do not teach new limitation of removing excess amount of adhesive, however it is well known in the art to remove, wipe or scrap residual glue after attaching pieces to ensures a clean, professional finish, preserves joint strength, and prevents damage to surrounding finishes or cushions.
The applicant argument regrading teaching of third and fourth stations is not persuasive as it stated above, process are distinct therefore the stations have to be distinct as well for example dipping in vinyl polymer (fourth step) requires a tank, vinyl polymer, and other equipment’s and cannot be done in attachment station (third step). Once the limitation of claim is taught the coating has the same radial order on metal frame as discussed in claim rejection.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
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