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 .
Drawings
The objection to the drawings has been withdrawn in view of Applicant’s remarks. The drawings filed December 29, 2023 are approved.
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.
Claim 18 is 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 18 recites the limitation "the foot rest" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11, 12, 13, and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brown (US2466204).
Note a sitting apparatus capable of allowing a wheelchair user to access the sitting apparatus, comprising: a seat (6); a pair of arm rests (8 and 9); and a metal (see lines 11-12 in col. 2) plate (2) configured to be substantially even (note as stacked in Figure 1) with the seat; wherein at least one of the pair of arm rests is positioned on (Figure 1) the metal plate and is configured to lift off (Figure 2) the metal plate such that removal of the arm rest allows the capability of the wheelchair user to slide from a wheelchair seat to the seat of the sitting apparatus.
Regarding claim 12, note the arm rest is capable of being replaced by the wheelchair user after sliding from the wheelchair to the seat. See Figures 1 and 2.
Regarding claim 13, note the arm rest further comprises a plurality of pegs (29 or 30) and wherein the metal plate comprises a plurality of matching holes (22 or 23) such that replacing the arm rest includes positioning the pegs into the matching holes.
Regarding claim 19, note the sitting apparatus is one of a chair, a recliner, a love seat or a couch. See Figure 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 11, 12, 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams et al (US5658049) in view of Longnecker (US20060033368).
The primary reference shows all claimed features of the instant invention with the exception of the plate being a metal plate.
In the primary reference, note a sitting apparatus capable of allowing a wheelchair user to access the sitting apparatus, comprising: a seat (43); a pair of arm rests (14, 14); and a plate (18) configured to be substantially even (i.e. mounted adjacent thereto) with the seat; wherein at least one of the pair of arm rests is positioned on (Figure 1) the plate and is configured to lift off (Figure 3) the plate such that removal of the arm rest allows the capability of the wheelchair user to slide from a wheelchair seat to the seat of the sitting apparatus.
Regarding claim 12, note the arm rest is capable of being replaced by the wheelchair user after sliding from the wheelchair to the seat. See Figures 1 and 3.
Regarding claim 14, note the sitting apparatus further comprises a foot rest (48) that be can be raised and lowered.
Regarding claim 19, note the sitting apparatus is one of a chair, a recliner, a love seat or a couch. See Figure 1.
The secondary reference conventionally teaches configuring mounting hardware (35) of a knockdown chair as formed from metal (see line 14 of ¶ 0029).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by forming the plate from metal. This modification conventionally enhances assembly durability and structural strength by providing a durable, readily available material for the hardware.
Claims 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams et al (US5658049) in view of Longnecker (US20060033368), as applied to claim 14 above, and further in view of Porter (US11786040).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the foot rest comprises at least one of a motion sensor and a heat sensor configured to detect the presence of an obstacle (claim 15); wherein when an obstacle is detected, the foot rest will not lower and/or an audible alert is sounded to notify the user (claim 16).
Porter teaches configuring an adjustable chair with foot rest assembly that comprises at least one of a motion sensor and a heat sensor (46) configured to detect the presence of an obstacle; wherein when an obstacle is detected, the foot rest will not lower and/or an audible alert (note 40) is sounded to notify the user.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the teachings of Porter by adding at least one of a motion sensor and a heat sensor configured to detect the presence of an obstacle (regarding claim 15); wherein when an obstacle is detected, the foot rest will not lower and/or an audible alert is sounded to notify the user (regarding claim 16).
Claims 17 and 18, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams et al (US5658049) in view of Longnecker (US20060033368) and Porter (US11786040), as applied to claim 16 above, and further in view of Rains et al (US10925404).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of a chair controller located on the arm rest (claim 17); wherein the controller is configured to adjust a lumbar support, raise and lower the foot rest and adjust a back of the sitting apparatus between an upright and reclined position (claim 18).
Rains teaches configuring a recliner chair with automated adjusting features (motors) and includes a chair controller (22) located on its arm rest; wherein the controller is configured to adjust a lumbar support, raise and lower a foot rest and adjust a back of the recliner chair between an upright and reclined position. Note as discussed in the background section.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the teachings of Rains et al by adding automated adjusting features (motors) and a chair controller as located on the arm rest (regarding claim 17); wherein the controller is configured to adjust a lumbar support, raise and lower the foot rest and adjust a back of the sitting apparatus between an upright and reclined position (regarding claim 18). These modifications conventionally enhance ease of selective adjustment of the assembly.
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown (US2466204) in view of Chang et al (US9756946).
The primary reference shows all claimed features of the instant invention with the exception of the a backup battery.
The secondary reference teaches configuring a chair with a portable armrest extension (see Figure 10) that includes an electronic charging source (210) and a backup battery (see claim 4).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding a portable armrest extension that includes an electronic charging source and a backup battery for the charging source. This modification provides a user with the capacity to provide electrical charge to a disparate article while using the chair.
Response to Amendment/Arguments
Applicant’s response filed January 28, 2026 has been fully considered. Remaining issues are described above. Arguments regarding the prior art rejections are now moot in view of new grounds of rejection, as necessitated by amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Regev (US9332844) shows a motorized recliner having a backup battery assembly. Kris (US3074762) shows an armrest with pegs for attachment to a plate.
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 MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
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mn /MILTON NELSON JR/February 10, 2026 Primary Examiner, Art Unit 3636