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 § 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 22 and 26-40 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.
Regarding claim 22, it is unclear how the cartridge has both a gear and a link, the disclosure appears to only show the cartridge having either a link or a gear.
Claim 26 recites the limitation "the link" in lines 13 and 14. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 27, line 5, the recitation “a link” renders the claim indefinite because it is unclear if the recitation is referring back to “the link” of claim 26 or if the recitation is for an additional link.
Regarding claim 28, it is unclear how the cartridge has both a gear and a link, the disclosure appears to only show the cartridge having either a link or a gear.
Claim 35 recites the limitation "the link" in lines 16 and 17. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 36, line 5, the recitation “a link” renders the claim indefinite because it is unclear if the recitation is referring back to “the link” of claim 26 or if the recitation is for an additional link.
Regarding claim 37, it is unclear how the cartridge has both a gear and a link, the disclosure appears to only show the cartridge having either a link or a gear.
NOTE: All dependent claims also fall under the 112 rejection.
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.
Claim(s) 1, 3, 4, 6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2537799 to Robertson et al.
PNG
media_image1.png
441
738
media_image1.png
Greyscale
Regarding claim 1, Robertson et al. disclose a reclining chair seating system comprising: a frame (See Figure above); a seat (See Figure above); the seat operably connected to the frame; a backrest (See Figure above); the backrest operably connected to the frame; the backrest having an upper axle (See Figure above); a cartridge (See Figure above); the cartridge having a link (See Figure above); wherein the cartridge is operably connected to the frame (through the upper axle); wherein the link of the cartridge is configured to connect to the upper axle of the backrest (through the cartridge connection; See Figure above); and wherein the link of the cartridge is configured to facilitate movement of the backrest between an upright position and a reclined position (slides within slots in the backrest).
Regarding claim 3, further comprising: a counterbalance assembly (See Figure above; any portion of the structure providing a force can be considered a counterbalance); the counterbalance assembly positioned within a hollow interior of the backrest (middle of the backrest); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (capable of providing a counterbalance force to the backrest).
Regarding claim 4, further comprising: a counterbalance assembly (See Figure above; any portion of the structure providing a force can be considered a counterbalance); the counterbalance assembly positioned within a hollow interior of the backrest (middle of the backrest); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (capable of providing a counterbalance force to the backrest); wherein the counterbalance assembly includes the upper axle, thereby operably connecting the counterbalance assembly to the link of the cartridge (See Figure above).
Regarding claim 6, wherein the frame includes a slot (See Figure above) and the backrest includes a lower axle (See Figure above); and wherein the lower axle is configured to move within the slot when the backrest is moved between an upright position and a reclined position(Fig.3-5).
Regarding claim 8, wherein the backrest is configured to cover the cartridge such that the cartridge cannot be viewed, including when the backrest is in an upright position and when the backrest is in a reclined position (See Figure above; backrest will also include cushioning which will hide the inside parts).
Claim(s) 1, 3-5, 8-10, 12, 14, 15, 17-19, 21-23, 25, 26, 29-31, and 34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,181,357 to Swenson et al.
PNG
media_image2.png
768
635
media_image2.png
Greyscale
Regarding claim 1, Swenson et al. disclose a reclining chair seating system comprising: a frame (See Figure above); a seat (See Figure above); the seat operably connected to the frame; a backrest (See Figure above); the backrest operably connected to the frame; the backrest having an upper axle (See Figure above); a cartridge (See Figure above); the cartridge having a link (See Figure above); wherein the cartridge is operably connected to the frame (See Figure above); wherein the link of the cartridge is configured to connect to the upper axle of the backrest (upper axle extends through the link); and wherein the link of the cartridge is configured to facilitate movement of the backrest between an upright position and a reclined position (knob is turned and link facilitates movement).
Regarding claim 3, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest).
Regarding claim 4, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest); wherein the counterbalance assembly includes the upper axle (205 extends through 206), thereby operably connecting the counterbalance assembly to the link of the cartridge (Fig.8).
Regarding claim 5, wherein the cartridge includes a bumper (See Figure above) configured to reduce sound when the backrest is moved from a reclined position to an upright position (the bumper provides teeth for tight interaction with the link/gear, thereby with little play, the noise of movement of the seat us suppressed or eliminated).
Regarding claim 8, wherein the backrest is configured to cover the cartridge such that the cartridge cannot be viewed, including when the backrest is in an upright position and when the backrest is in a reclined position (Fig.1 and 3).
Regarding claim 9, further comprising the frame having a pocket wherein the cartridge is positioned within the pocket (See Figure above; lip of the frame creates an interior pocket).
Regarding claim 10, Swenson et al. disclose a reclining chair seating system comprising: a frame (See Figure above); the frame having a pocket (See Figure above; lip of the frame creates an interior pocket); a seat (See Figure above); the seat operably connected to the frame; a backrest (See Figure above); the backrest operably connected to the frame; the backrest having an upper axle (See Figure above); a cartridge (See Figure above); the cartridge having a link (See Figure above); a bumper (See Figure above); the bumper operatively connected to the frame (See Figure above); wherein the cartridge is configured to be placed within the pocket of the frame (See Figure above); wherein the link of the cartridge is configured to connect to the upper axle of the backrest (upper axle extends through the link); wherein the link of the cartridge is configured to facilitate movement of the backrest between an upright position and a reclined position (knob is turned and link facilitates movement); wherein the link facilitates movement of the backrest from the reclined position to the upright position (knob is turned and link facilitates movement); and wherein the bumper is configured to reduce the impact and the noise caused by movement from the reclined position to the upright position (the bumper provides teeth for tight interaction with the link/gear, thereby with little play, the noise of movement of the seat us suppressed or eliminated).
Regarding claim 12, further comprising: wherein the bumper is associated with the cartridge (See Figure above).
Regarding claim 14, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest).
Regarding claim 15, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest); wherein the counterbalance assembly includes the upper axle (205 extends through 206), thereby operably connecting the counterbalance assembly to the link of the cartridge (Fig.8).
Regarding claim 17, wherein the backrest is configured to cover the cartridge such that the cartridge cannot be viewed, including when the backrest is in an upright position and when the backrest is in a reclined position (Fig.1 and 3).
Regarding claim 18, Swenson et al. disclose a reclining chair seating system comprising: a frame (See Figure above); the frame having a pocket (See Figure above; lip of the frame creates an interior pocket); a seat (See Figure above); the seat operably connected to the frame; a backrest (See Figure above); the backrest operably connected to the frame; the backrest having an upper axle (See Figure above); a cartridge (See Figure above); the cartridge having at least one gear (See Figure above); wherein the cartridge is placed within the pocket of the frame (See Figure above); wherein the at least one gear of the cartridge is configured to connect to the upper axle of the backrest (See Figure above); and wherein the at least one gear of the cartridge is configured to facilitate movement of the backrest between an upright position and a reclined position (knob is turned and link facilitates movement).
Regarding claim 19, further comprising: the cartridge having a front plate (See Figure above); the front plate having a slot (See Figure above); wherein a portion of the upper axle is configured to extend through the slot of the front plate (See Figure above); and wherein when the backrest is moved between the upright position and the reclined position, the portion of the upper axle is configured to move within the slot of the front plate (capable of moving within the slot).
Regarding claim 21, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest).
Regarding claim 22, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest); wherein the counterbalance assembly includes the upper axle (205 extends through 206), thereby operably connecting the counterbalance assembly to the link of the cartridge (Fig.8).
Regarding claim 23, wherein the cartridge includes a bumper (See Figure above) configured to reduce sound when the backrest is moved from a reclined position to an upright position (the bumper provides teeth for tight interaction with the link/gear, thereby with little play, the noise of movement of the seat us suppressed or eliminated).
Regarding claim 25, wherein the backrest is configured to cover the cartridge such that the cartridge cannot be viewed, including when the backrest is in an upright position and when the backrest is in a reclined position (Fig.1 and 3).
Regarding claim 26, Swenson et al. disclose a reclining chair seating system comprising: a frame (See Figure above); the frame having a pocket (See Figure above; lip of the frame creates an interior pocket); a seat (See Figure above); the seat operably connected to the frame; a backrest (See Figure above); the backrest operably connected to the frame; the backrest having an upper axle (See Figure above); a cartridge (See Figure above); wherein the cartridge is positioned within the pocket of the frame (See Figure above); wherein the cartridge is hidden from sight by the backrest when the backrest is in an upright position and in a reclined position (Fig. 1 and 3); wherein the link (See Figure above) of the cartridge is configured to connect to the upper axle of the backrest (See Figure above); and wherein the link of the cartridge is configured to facilitate movement of the backrest between the upright position and the reclined position (knob is turned and link facilitates movement).
Regarding claim 29, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest).
Regarding claim 30, further comprising: a counterbalance assembly (203, 206, Fig.8); the counterbalance assembly positioned within a hollow interior of the backrest (Fig.8); wherein the counterbalance assembly is configured to provide a counterbalance force to the backrest (provides resistance to movement within the backrest); wherein the counterbalance assembly includes the upper axle (205 extends through 206), thereby operably connecting the counterbalance assembly to the link of the cartridge (Fig.8).
Regarding claim 31, wherein the cartridge includes a bumper (See Figure above) configured to reduce sound when the backrest is moved from a reclined position to an upright position (the bumper provides teeth for tight interaction with the link/gear, thereby with little play, the noise of movement of the seat us suppressed or eliminated).
Regarding claim 34, wherein the backrest is configured to cover the cartridge such that the cartridge cannot be viewed, including when the backrest is in an upright position and when the backrest is in a reclined position (Fig.1 and 3).
Allowable Subject Matter
Claims 2, 7, 11, 13, 16, 20, and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 27, 28, 32, and 33 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claims 35-40 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose all of the elements of the reclining chair system, the orientation of the elements, and the relationship between the elements. Specifically, the prior art of record fails to disclose the specifics of the cartridge in combination with all of the other claimed elements of the system. Further, the prior art fails to disclose all of the slots located in the cartridge, frame, backrest, etc. and the specifically relationship between the elements of the reclining chair system and the slots. Lastly, the prior art of record fails to disclose a reclining chair seating system having all of the claimed elements including the locking assembly located within the hollow interior of the backrest and the relationship between the locking assembly and the combination of the remainder of the elements of the chair system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635