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 .
Status of Claims
This present office action is responsive to the Application filed on September 18, 2023. As directed, claims 1-11 are presently pending in this application.
Drawings
The drawings are objected to because of the following informalities:
There are numerous reference characters that do not correspond to the features as described in the specifications. See markups below, Fig 1.
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For example, ¶0019 describes, “…generally comprises a frame 12 that has a pair of first members 14 hingedly coupled to a pair of second members 16 and a support bracket 18 pivotally coupled to the pair of first members 14. The support bracket 18 is positionable to engage a respective one of the plurality of engagement points 20” which Examiner notes the frame is located at the where the reference character ‘28’ is directing and the support bracket would be the component which is coupled to the first member and the second member where the reference character ‘66’ is directing.
Another example, ¶021 describes, “the leg cushion 40 rests upon thighs 42 of a user 44 when the user 44 is seated in a chair 46. The leg cushion 40 has an upper surface 48”. However, the reference character ‘48’ is directed to back surface of the torso cushion while the reference character ‘44’ is directed to the torso cushion.
Applicant is advised to verify highlighted reference characters with the specifications and ensure every feature recited in the claims is clearly and consistently labels across all views.
There are numerous reference characters that do not correspond to the features as described in the specifications. See markups below, Fig 2.
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Applicant is advised to verify highlighted reference characters with the specifications and ensure every feature recited in the claims is clearly consistently labels across all views.
There are numerous reference characters that do not correspond to the features as described in the specifications. See markups below, Figs 3-4.
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Applicant is advised to verify highlighted reference characters with the specifications and ensure every feature recited in the claims is clearly consistently labels across all views.
There are numerous reference characters that do not correspond to the features as described in the specifications. See markups below, Figs 5-6.
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Applicant is advised to verify highlighted reference characters with the specifications and ensure every feature recited in the claims is clearly consistently labels across all views.
The reference characters, “112”, “114”, as described in the ¶0028 are not indicated in any of the 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 “a plurality of stops each extending upwardly from a top surface of a respective one of said second members such that said plurality of stops defines said plurality of engagement points” of claims 2 and 11 as described in ¶0020 and ¶0029, “a pair of second sleeves” and “a second knob” of claims 6 and 11 as described in ¶0024-0025, and “a collar”, and “a cross member having a plurality of fingers” of claims 8 and 11 as described in ¶0026-0027 must be shown or the features canceled from the claims. 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.
Specification
The disclosure is objected to because of the following informalities:
The reference characters described in the specification do not match with the drawings as discussed above. Examiner suggest amending the drawings or specifications in order to provide clear and consistency among the reference numerals used to indicate the features.
Appropriate correction is required.
Claim Objections
Claims 1-11 are objected to because of the following informalities:
Claim 1 recites, “a user’s” in ln 10 which Examiner suggest amending to read --the user’s--
Claim 1 recites, “a back massage” in ln 15 which Examiner suggest amending to read --the back massage--
Claims 2-10 are objected by virtue of dependency to claim 1.
Claim 11 recites, “a user’s” in ln 30 which Examiner suggest amending to read --the user’s--
Claim 11 recites, “a back massage” in ln 38 which Examiner suggest amending to read --the back massage--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-11 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 "said plurality of engagement points" in ln 6. There is insufficient antecedent basis for this limitation in the claim.
Further, it is unclear whether "said plurality of engagement points" of claim 1 is same as claim 2 as "said plurality of engagement points" of claim can be engagement point (a pin-like connection) with the bracket as shown in Fig 1, not necessarily the structure of the “plurality of stops” of claim 2.
Claims 2-10 are rejected by virtue of dependency to claim 1.
Claim 6 recites, “a first knob having a threaded shaft” in ln 8 which renders claim indefinite. It is unclear whether the “first knob” and the “threaded shaft” of claim 6 is same as the “pair of said first knobs” and the “threaded shaft” of each of said first knobs or further introducing new first knob to overall device or to the “second sleeves”.
Claims 7-9 are rejected by virtue of dependency to claim 6.
Claim 11 recites the limitation "said plurality of engagement points" in ln 6. There is insufficient antecedent basis for this limitation in the claim. Examiner notes that claim 11 has same issues as discussed in previous claims.
Furthermore, claim 11 deems to be unfinished as the claim ends with the phrase, “wherein said hooks are” which lacks a concluding structural limitation. Thus, the metes and bounds of the claim cannot be determined because the intended scope of the remaining text is missing.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Reasons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding the subject matter of claim 1, the closest identified prior art document of record is Raiszadeh et al. (US 20230337830 A1) and Zhang (CN 2183170).
Raiszadeh et al. discloses the leg cushion, the torso cushion and face cushion (see cushions 145, 131, 150 respectively in Fig 1) and the pair of first members and a second member hingedly coupled as shown in Fig 1 via a primary frame connector (115, Fig 1) , but the prior art does not specifically teach or suggest a pair of first members being hingedly coupled to a pair of second members and a support bracket being pivotally coupled to said pair of first members the leg cushion being attached to said pair of second members.
Zhang also discloses, the cushions of claim 1 and a hinge interaction (a pin shaft 10, Fig 1) between the leg cushion and the torso cushion (“the thigh subplate (2) and the chest plate (1) are hinged with the pin shaft (10), a thigh plate (2) and the pin shaft (20) and the leg cushion plate (3) is movably connected and can rotate a certain angle”) but it is silent on the structure of the frame in view of the pairs of first members and second members.
No other prior arts have been found that teaches or suggest the all the limitation of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785