DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the alignment pins on a tabletop bottom surface (cl. 3); alignment holes on a top surface of a frame (cl. 3); spring-loaded latches on a tabletop (cl. 18); and receivers on a frame (cl. 18); must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 & 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wong (20200196751) in view of Lin (20190159590).
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Regarding claim 1, Wong teaches the structure substantially as claimed, including a furniture piece (2200), comprising: a table having a tabletop (2210) and a frame (2202; or combination of 2202 & 2218); the frame including a first connection point (A in Fig. 24 Annotated), a second connection point (B), a third connection point (C), and a fourth connection point (D) each including connecting means (2216, 2222); and a pair of side ends (2206a-b) removably attached to opposing sides of the frame (Fig. 23). Wong fail(s) to teach pins, receivers, holes, or latches. However, Lin teaches connecting means (117-119) comprising two alignment pins (118); a receiver (132); two alignment holes (119); and a spring-loaded latch (131). Additionally, mere reversal of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one of ordinary skill in the art to substitute connecting means, as taught by Lin, for each of the connecting means of Wong, with a reasonable expectation of success, in order to provide a stronger connection between each of the side ends and the frame & tabletop. Hence, Wong as modified would teach connection points each including two alignment pins (118 of Lin); and a receiver (132 of Lin); and a pair of side ends (2206a-b of Wong) each including: four alignment holes (119 of Lin); and two spring-loaded latches (131 of Lin); wherein, when the frame (2202; or 2202 & 2218 of Wong) and the pair of side ends are in an assembled position, an alignment pin of the at least two alignment pins is insertable into a respective alignment hole of the at least two alignment holes (as in par. 64 of Lin); and each spring-loaded latch is positioned such that the latch is secured to a receiver (as in Fig. 7a of Lin).
Regarding claim 2, Wong teaches a tabletop (2210) attached (via 2206a-b & 2218) to a frame (2202).
Regarding claim 3, Wong teaches a bottom surface of a tabletop (2210) includes at least two alignment pins (2220 - see Figs. 26-27), and at least two alignment holes (2224) on a top surface (i.e., upper surfaces of 2218) of the frame (2202 & 2218).
Regarding claim 4, Wong as modified teaches a frame (2202 of Wong) that includes four alignment pins (118 of Lin), and the pair of side ends (2206a-b of Wong) that includes four alignment holes (119 of Lin); a first two alignment pins are positioned on a first side of the frame and a second two alignment pins are positioned on a second side of the frame, opposite the first side (as in Figs. 23-24 of Wong); a first two alignment holes (119 of Lin) positioned on a first side end (2206a of Wong) of the pair of side ends and a second two alignment holes (119 of Lin) positioned on a second side end (2206b of Wong) of the pair of side ends; and the first two alignment pins (118 of Lin) are insertable into the first two alignment holes (as in par. 64 of Lin); and the second two alignment pins (118 of Lin) are insertable into the second two alignment holes (as in par. 64 of Lin).
Regarding claim 5, Lin additionally teaches an alignment hole (119) that includes an inner circumference that is equal (implied by par. 64, which states that “The position members 118 restrict the top panel 108 from x and z axis movement”) to the outer circumference of an alignment pin (118).
Regarding claim 6, Wong as modified teaches a frame (2202 of Wong) that includes four receivers (132 of Lin), and the pair of side ends (2206a-b of Wong) include four spring-loaded latches (131 of Lin); a first two receivers (132 of Lin) positioned on the first side of the frame and a second two receivers (132 of Lin) positioned on the second side of the frame (as in Figs. 5-6 of Lin & Figs. 23-24 of Wong); a first two spring-loaded latches (131 of Lin) positioned on the first side end (2206a of Wong) of the pair of side ends and a second two spring-loaded latches (131 of Lin) positioned on the second side end (2206b of Wong) of the pair of side ends; and the first two spring-loaded latches are connectable to the first two receivers (as in Figs. 6-7a of Lin); and the second two spring-loaded latches are connectable to the second two receivers (as in Figs. 6-7a of Lin).
Regarding claim 7, Wong as modified teaches a structure wherein, in the assembled position, the first two receivers (132 of Lin) are connected to the first two spring-loaded latches (131 of Lin), the second two spring-loaded latches (131 of Lin) are connected to the second two spring-loaded latches (131 of Lin), the first two alignment pins (118 of Lin) are inserted into the first two alignment holes (119 of Lin), and the second two alignment pins (118 of Lin) are inserted into the second two alignment holes (119 of Lin).
Regarding claim 16, Wong as modified teaches a method of assembling a furniture piece, comprising: aligning (Figs. 23-24 of Wong) a first side end (2206a of Wong) with a first side of a frame (2202 of Wong); inserting a plurality of alignment pins on the first side into a plurality of alignment holes on the first side end (par. 64 of Lin); latching a plurality of spring-loaded latches (131 of Lin) on the first side end with a plurality of receivers (132 of Lin) on the first side of the frame (Figs. 6-7a of Lin); aligning a second side end (2206b of Wong) with a second side, opposite the first side, of the frame (Figs. 23-24 of Wong); inserting a plurality of alignment pins on the second side into a plurality of alignment holes on the second side end (par. 64 of Lin); latching a plurality of spring-loaded latches (131 of Lin) on the second side end with a plurality of receivers (132 of Lin) on the second side of the frame (Figs. 6-7a of Lin); and locating a plurality of spring-loaded latches in a position such that each latch is located between the alignment pins (as in Figs. 5-6 of Lin, wherein a spring-loaded latch (117) is located between a pair of alignment pins (118)).
Regarding claim 17, Wong teaches inserting (Figs. 26-27) a plurality of alignments pins (2220) on a bottom surface of a tabletop (2210) into a plurality of alignment holes (2224) on a top surface (i.e., upper surfaces of 2218) of the frame (2202 & 2218).
Regarding claim 18, Lin teaches spring-loaded latches (131) and receivers (132) between a table (104) and a frame (102); and mere reversal of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one of ordinary skill in the art to add spring-loaded latches and receivers, as taught by Lin to the tabletop & frame, respectively, of Wong, with a reasonable expectation of success, in order to strengthen the connection therebetween. Hence, Wong as modified would teach providing a plurality of spring-loaded latches (131 of Lin) on the tabletop (2210 of Wong) and a plurality of receivers (132 of Lin) on the frame (2202 & 2218 of Wong).
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Regarding claim 8, Wong teaches the structure substantially as claimed, including a furniture piece (200), comprising: a frame (202) having a seat back (i.e., upper portion of 202) and a seat bottom (i.e., lower portion of 202); a pair of side ends (206a, 206b) removably attached to opposing sides of the frame; and a frame front surface (204) having at least two alignment pins (A3 in Fig. 7) & at least one alignment hole (B3 in Fig. 7); wherein the side ends and the frame front surface are connected by first connecting means (E in Fig. 7 Annotated); wherein the side ends and the frame are connected by second connecting means (F). Wong fail(s) to teach receivers & spring-loaded latches. However, Lin teaches fastening means (117) comprising a receiver (132) and a spring-loaded latch (131 - see Fig. 7a & par. 73) located adjacent alignment holes (119) and pins (118); and connecting means (117-119) comprising the fastening means (117), two alignment pins (118), and two alignment holes (119). Additionally, mere duplication, reversal, & rearrangement of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one of ordinary skill in the art to add a pair of fastening means, as taught by Lin, between the frame and the frame front surface of Wong; with a reasonable expectation of success, in order to provide a stronger connection therebetween; to substitute connecting means, as taught by Lin, for each of the first & second connecting means of Wong, in order to provide a stronger connection between the frame, side ends, and frame front surface; and to add an additional fastening means, as taught by Lin, to each of the connecting means of Wong as modified, in order to provide a stronger connection between the frame, side ends, and frame front surface. Hence, Wong as modified would teach a seat back (i.e., upper portion of 202 of Wong) and a seat bottom (i.e., lower portion of 202 of Wong) including: at least three alignment pins (118 of Lin); and at least three receivers (132 of Lin); a pair of side ends (206a, 206b of Wong) each including: at least two alignment holes (119 of Lin); and at least two spring-loaded latches (131 of Lin); and the frame front surface (204 of Wong) having: at least two receivers (132 of Lin); and at least one spring-loaded latch (131 of Lin); wherein the alignment holes and pins are located adjacent the spring-loaded latches (as in Figs. 5-6 & par. 64 of Lin), the latches are configured to pull the pins into the alignment holes (implied by Figs. 5-6 of Lin, in which the spring-loaded latches (131) are oriented in the same direction as the alignment pins (118) and (by implication) the alignment holes (119)); wherein, when the frame, the pair of side ends, and the frame front surface are in an assembled position, each alignment pin is insertable in a respective alignment hole, and each receiver is receivable in a respective spring-loaded latch (as in Figs. 5-7a of Lin).
Regarding claim 10, Wong teaches a bottom cushion (208) positionable against the seat bottom (i.e., lower portion of 202) in the assembled position (Fig. 4). Additionally, applicant has not properly traversed the examiner’s assertion that a back cushion positioned against a seat back is well known in the art (see Admissions of Prior Art (APA), below). It would have been obvious to one of ordinary skill in the art to add a back cushion to the seat back of the furniture piece of Wong as modified, with a reasonable expectation of success, in order to cushion the back of a user sitting in the chair, thereby providing increased comfort to the user.
Regarding claims 11-12, Wong as modified teaches alignment pins & alignment holes (118-119 of Lin). Additionally, mere duplication, reversal, & rearrangement of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one of ordinary skill in the art to add at least one alignment pin & alignment hole between the frame and each of the side ends, with a reasonable expectation of success, in order to provide a stronger connection therebetween. Hence, Wong as modified would teach a frame (202 of Wong) that includes at least seven alignment pins (118 of Lin); and each side end (206a, 206b of Wong) of the pair of side ends (206a-b of Wong) includes three alignment holes (119 of Lin); wherein: a first three alignment pins of the at least seven alignment pins are positioned on a first side of the frame and are insertable into the three alignment holes of a first side end of the pair of side ends (as in Fig. 5 & par. 64 of Lin); a second three alignment pins of the at least seven alignment pins are positioned on a second side of the frame, opposite the first side, and are insertable into the three alignment holes of a second side end of the pair of side ends (as in Fig. 5 & par. 64 of Lin); and at least one alignment pin of the at least seven alignment pins are positioned on a third side of the frame, perpendicular to the first side and the second side, and is insertable into the at least one alignment hole of the frame front surface (204 of Wong) (as in B3 in Fig. 7 of Wong).
Regarding claims 13-15, Wong as modified teaches a frame (202 of Wong) that includes at least six receivers (132 of Lin); each side end (206a, 206b of Wong) of the pair of side ends (206a-b of Wong) includes at least four spring-loaded latches (131 of Lin); and the frame front surface (204 of Wong) includes at least four receivers (132 of Lin) and at least two spring-loaded latches (131 of Lin); wherein: a first two receivers of the at least six receivers of the frame are connectable & connected to a first two spring-loaded latches of the at least four spring-loaded latches of the first side end (implied by Fig. 6 of Wong & Fig. 6 of Lin); a second two receivers of the at least six receivers of the frame are connectable & connected to a first two spring-loaded latches of the at least four spring-loaded latches of the second side end (implied by Fig. 6 of Wong & Fig. 6 of Lin); a third two receivers of the at least six receivers of the frame are connectable & connected to the at least two spring-loaded latches of the frame front surface (implied by Fig. 7 of Wong & Fig. 6 of Lin); a second two spring-loaded latches of the at least four spring-loaded latches of the first side end are connectable & connected to a first two receivers of the at least four receivers of the frame front surface (implied by Fig. 7 of Wong & Fig. 6 of Lin); and a second two spring-loaded latches of the at least four spring-loaded latches of the second side end are connectable & connected to a second two receivers of the at least four receivers of the frame front surface (implied by Fig. 7 of Wong & Fig. 6 of Lin).
Regarding claim 16, Wong as modified teaches a method of assembling a furniture piece, comprising: aligning (Figs. 5-6 of Wong) a first side end (206a of Wong) with a first side of a frame (202 of Wong); inserting a plurality of alignment pins on the first side into a plurality of alignment holes on the first side end (Fig. 5 & par. 64 of Lin); latching a plurality of spring-loaded latches (131 of Lin) on the first side end with a plurality of receivers (132 of Lin) on the first side of the frame (Figs. 6-7a of Lin); aligning a second side end (206b of Wong) with a second side, opposite the first side, of the frame (Figs. 5-6 of Wong); inserting a plurality of alignment pins on the second side into a plurality of alignment holes on the second side end (Fig. 5 & par. 64 of Lin); and latching a plurality of spring-loaded latches (131 of Lin) on the second side end with a plurality of receivers (132 of Lin) on the second side of the frame (Figs. 6-7a of Lin); and locating a plurality of spring-loaded latches in a position such that each latch is located between the alignment pins (as in Figs. 5-6 of Lin, wherein a spring-loaded latch (117) is located between a pair of alignment pins (118)).
Regarding claim 19, Wong as modified teaches inserting a plurality of alignment pins (118 of Lin) on a first side of a front frame surface (204 of Wong) into a plurality of alignment holes (119 of Lin) on the first side end (206a of Wong) (as in Fig. 5 & par. 64 of Lin); inserting a plurality of alignment pins (118 of Lin) on a second side of the front frame surface, opposite the first side of the front frame surface, into a plurality of alignment holes (119 of Lin) on the second side end (206b of Wong) (as in Fig. 5 & par. 64 of Lin); and inserting a plurality of alignment pins on a third side of a frame (202 of Wong), perpendicular to the first side and the second side of the front frame surface, into a plurality of alignment holes on a third side of a front frame surface, perpendicular to the first side and the second side of the front frame surface (see B3 in Fig. 7 of Wong).
Regarding claim 20, Wong as modified teaches latching a plurality of spring-loaded latches (131 of Lin) on the first side end (206a of Wong) to a plurality of receivers (132 of Lin) on the first side of the front frame surface (204 of Wong); latching a plurality of spring-loaded latches (131 of Lin) on the second side end (206b of Wong) to a plurality of receivers (132 of Lin) on the second side of the front frame surface; and latching a plurality of spring-loaded latches (131 of Lin) on the third side of the front frame surface to a plurality of receivers (132 of Lin) on the third side of the frame (202 of Wong).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Wong (20200196751) & Lin (20190159590) in view of Newcomer (2998272). Wong as modified teaches the structure substantially as claimed, including spring-loaded latches (131 of Lin); but fail(s) to teach a backplate or internal spring. However, Newcomer teaches a spring-loaded latch (10-17, 20-26, 30-37, 39-43) that has a spring (40) located between a backplate (10) and a handle (13, 34) so that the spring is internal to the spring-loaded latch (Fig. 2). It would have been obvious to one of ordinary skill in the art to substitute a spring-loaded latch, as taught by Newcomer, for each of the spring-loaded latches of Wong as modified, with a reasonable expectation of success, in order to provide a stronger connection between the frame, side ends, and frame front surface.
Response to Arguments
Applicant's arguments filed 10/24/25 have been fully considered but they are not persuasive. Said arguments have been addressed in the prior art rejection above.
Admissions of Prior Art (APA): Applicant has not properly traversed the examiner's taking of Official Notice that the practice(s) of a back cushion positioned against a seat back is well known in the art. Admittedly, applicant does state, “for any instances in which the Examiner took Official Notice in the Office Action, Applicant expressly does not acquiesce to the taking of Official Notice, and respectfully requests that the Examiner provide an affidavit to support the Official Notice taken in the next Office Action” (Remarks at 8). However, “A mere request by the applicant that the examiner provide documentary evidence in support of an officially-noticed fact is not a proper traversal.” MPEP 2144.03(C). Moreover, “To adequately traverse a finding based on official notice, an applicant must . . . stat[e] why the noticed fact is not considered to be common knowledge or well-known in the art.” Id. However, applicant’s apparent traversal does not state or explain why the practice of positioning a back cushion against a seat back is, allegedly, not well known in the art. Hence, applicant’s apparent traversal is not an adequate traversal of the examiner’s taking of official notice, and the practice(s) of a back cushion positioned against a seat back is therefore viewed as being admitted prior art (APA). See MPEP 2144.03.
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 MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/MATTHEW W ING/Primary Examiner, Art Unit 3637