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 .
Election/Restrictions
Applicant’s election without traverse of Species I, pantograph subspecies I, rack subspecies I, and pawl subspecies I, claims 31-43 and 74-80, in the reply filed February 10, 2026 is acknowledged.
Information Disclosure Statement
Applicant has filed 11 separate Information Disclosure Statements with at least 355 citations, including 87 foreign language and non-patent literature documents. The volume of citations appears excessive and is overwhelming to the examination process. While the Office wants Applicants to file relevant documents that they become aware of, the filing of an IDS which blindly lists documents without apparent thought to what relevance may or may not exist to the claims of the instant application does not assist in examination and raises the question if there is intent to bury a relevant reference. Cloaking of a clearly relevant reference by inclusion in a long list of citations may not comply with the Applicant’s duty to disclose.
The information referred to in the information disclosure statement filed April 2, 2024 has been considered with the exception of Non-Patent Literature Documents Cite No. 1. This document is a foreign language document and does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
The information referred to in the information disclosure statement filed February 8, 2024 has been considered.
The information referred to in the information disclosure statement filed August 5, 2024 has been considered.
The information referred to in the information disclosure statement filed September 6, 2024 has been considered.
The information referred to in the information disclosure statement filed November 27, 2024 has been considered.
The information referred to in the information disclosure statement filed May 27, 2025 has been considered.
The information referred to in the information disclosure statement filed July 14, 2025 has been considered.
The information referred to in the information disclosure statement filed August 8, 2025 has been considered.
The information referred to in the information disclosure statement filed October 20, 2025 has been considered.
The information referred to in the information disclosure statement filed December 10, 2025 has been considered.
The information referred to in the information disclosure statement filed February 12, 2026 has been considered.
Drawings
The drawings filed January 25, 2024 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.
Claims 77-80 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 77 recites the limitations "the forward-tilt rocking position” and “the rearward-tilt rocking position" in line 17. There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are indefinite as each depends from an indefinite 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.
Claim(s) 74-76 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harwood et al (US9314101).
Note a furniture member comprising: a seat base (84); a seat assembly having a seat frame assembly (78), a seat bottom (82) attached to the seat frame assembly, and a seatback (80) attached to the seat bottom, wherein the seat assembly is movable relative to the seat base between a first rocking position (Figure 7) and a second rocking position (Figure 8); a first rocker member (86) and a second rocker member (opposite side 86) fixedly attached to the seat frame assembly, wherein each of the first and second rocker members includes a curved bottom surface (90) in rolling contact with a surface (92) of the seat base; and a first rocker spring assembly (100) and a second rocker spring assembly (opposite side 100) secured to the seat base and the first and second rocker members, respectively, wherein the first rocker spring assembly includes a first mount bracket (16) that is fixedly attached to the first rocker member, a second mount bracket (18) that is fixedly attached to the seat base, and a first spring (12) that extends between the first and second mount brackets, and a first tilt restricting pin (104) movably (slidingly, as discussed in line 5 of column 6) attached to the first and second mount brackets, wherein the second rocker spring assembly includes a third mount bracket (opposite side 16) that is fixedly attached to the second rocker member, a fourth mount bracket (opposite side 18) that is fixedly attached to the seat base, a second spring (opposite side 12) that extends between the third and fourth mount brackets, and a second tilt restricting pin (opposite side 104) movably attached to the third and fourth mount brackets, wherein the first tilt restricting pin is offset (see Figure 9) from the first spring such that coils of the first spring do not encircle the first tilt restricting pin, and wherein the second tilt restricting pin is offset from the second spring such that coils of the second spring do not encircle the second tilt restricting pin.
Regarding claim 75, note the first and second tilt restricting pins are tubular members. See Figure 9.
Regarding claim 76, note each of the mount brackets include a spring support surface (22’) and apertures (in Figures 1 and 2, note openings in 20, 20’ that are on an axis that is angled to the surface 22’) arranged along an axis that is angled relative to the spring support surface.
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.
Claim(s) 31-35 and 40-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marshall et al (US5527095) in view of LaPointe (US7275789).
The primary reference shows all claimed features of the instant invention with the exception of the first spring being the only spring of the first rocker spring assembly; and the second spring being the only spring of the second rocker spring assembly (claim 31); wherein each of the rocker spring assemblies includes a first mount bracket, a second mount bracket, and a tilt restricting pin, wherein the first spring of the first rocker spring assembly is attached to the first mount bracket and the second mount bracket of the first rocker spring assembly, wherein the second spring of the second rocker spring assembly is attached to the first mount bracket and the second mount bracket of the second rocker spring assembly, and wherein each of the first and second mount brackets include a spring support surface and apertures arranged along an axis that is angled relative to the spring support surface (claim 42).
In the primary reference, note a furniture member comprising: a seat base (14, 177); a seat assembly (20) having a seat frame assembly, a seat bottom (26) attached to the seat frame assembly, and a seatback (24)attached to the seat bottom, wherein the seat assembly is movable relative to the seat base between a first rocking position (Figure 3) and a second rocking position (Figure 4); a first rocker member (74) and a second rocker member (opposite side 74) fixedly attached to the seat frame assembly, wherein each of the first and second rocker members includes a curved bottom surface in rolling contact with a surface of the seat base (see Figure 3); and a first rocker spring assembly (see lines 51-65; column 6) secured to the seat base and the first rocker member, wherein the first rocker spring assembly includes a first spring; a second rocker spring assembly (see lines 51-65; column 6) secured to the seat base and the second rocker member, wherein the second rocker spring assembly includes a second spring; a rack assembly (82) including a first side (front side, as shown in Figure 5) that is fixedly attached (at 177, 184) to the seat frame assembly and a second side (rear side) that includes a plurality of teeth (84); and a pawl assembly movable between an engaged position and a disengaged position, and including: a pawl (92), a pawl cap (103) disposed at a top end of the pawl, a mount bracket (114, 116) attached to the seat base, and a spring (106) including a first wall (110) that abuts the pawl and a second wall (108) that abuts the mount bracket, the spring being movable between a first position and a second position.
Regarding claim 32, note when the pawl assembly is in the disengaged position, the seat assembly is movable between the first rocking position and the second rocking position. See Figure 1, and lines 47-54 of column 7.
Regarding claim 33, note when the pawl assembly is in the engaged position, the seat assembly is restricted from movement between the first rocking position and the second rocking position. See Figures 3 and 4, and lines 47-54 of column 7.
Regarding claim 34, note the pawl cap abuts one of the plurality of teeth of the rack assembly. See Figure 3.
Regarding claim 35, note the pawl cap covers the top end of the pawl. See Figure 6.
Regarding claim 40, note the first spring is a left- handed spring (i.e. mounted on the left hand side of the assembly), and wherein the second spring is a right-handed spring (i.e. mounted on the right hand side of the assembly).
Regarding claim 41, note the first spring and the second spring have the same handedness (i.e. they are identical type coil springs).
The secondary reference teaches configuring a furniture member with first and second rocker members, and first and second spring assemblies (26 on each side), wherein the first spring assembly has a first spring (34) that is the only spring of the first rocker spring assembly; and the second spring assembly has a second spring (opposite side 34) that is the only spring of the second rocker spring assembly; wherein each of the rocker spring assemblies includes a first mount bracket (28), a second mount bracket (32), and a tilt restricting pin (44), wherein the first spring of the first rocker spring assembly is attached to the first mount bracket and the second mount bracket of the first rocker spring assembly, wherein the second spring of the second rocker spring assembly is attached to the first mount bracket and the second mount bracket of the second rocker spring assembly, and wherein each of the first and second mount brackets include a spring support surface (38) and apertures (31) arranged along an axis that is angled relative to the spring support surface.
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 substituting the dual springs of each rocker spring assembly for the singular spring of each rocker spring assembly, i.e. configuring the first spring as the only spring of the first rocker spring assembly; and the second spring as the only spring of the second rocker spring assembly (regarding claim 31); and configuring each of the rocker spring assemblies includes a first mount bracket, a second mount bracket, and a tilt restricting pin, wherein the first spring of the first rocker spring assembly is attached to the first mount bracket and the second mount bracket of the first rocker spring assembly, wherein the second spring of the second rocker spring assembly is attached to the first mount bracket and the second mount bracket of the second rocker spring assembly, and wherein each of the first and second mount brackets include a spring support surface and apertures arranged along an axis that is angled relative to the spring support surface (regarding claim 42). These modifications reduce the number of springs used (reducing costs, materials, etc.), while maintaining biased rocker performance, and enhancing controlled rocker performance.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marshall et al (US5527095) in view of LaPointe (US7275789), as applied to claim 31 above.
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the pawl cap being formed from a polymeric material or an elastomeric material.
It would have been obvious to one having ordinary skill in the pertinent art to further modify the primary reference by substituting a polymeric or elastomeric material for the metal material used to form the pawl cap. ¶ 0035 of the instant application discloses polymeric material, elastomeric material, or metal material as alternative materials that can be used as the pawl cap. There is no advantage gained or problem solved by choosing one material over any of the others disclosed. Note in particular a soft metal (e.g. lead, aluminum, copper, etc.). Each material type performs equally as well as the others, and the choice in material is a design consideration.
Claim(s) 77, 79 and 80 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harwood et al (US9314101) in view of Marshall et al (US5527095).
The primary reference shows all claimed features of the instant invention with the exception of a legrest mechanism including a legrest platform, wherein the legrest platform is movable relative to the seat base between a retracted position and an extended position; a rack assembly including a first side that is fixedly attached to the seat frame assembly and a second side that includes a plurality of teeth; and a pawl assembly movable between an engaged position and a disengaged position, and including: a pawl, a pawl cap disposed at a top end of the pawl, a mount bracket attached to the seat base, and a spring including a first wall that abuts the pawl and a second wall that abuts the mount bracket, the spring is movable relative to the mount bracket between a first position and a second position, wherein when the legrest platform is in the extended position, the pawl cap abuts one of the plurality of teeth and restricts the seat assembly from moving between the forward-tilt rocking position and the rearward-tilt rocking position (claim 77); wherein the rack assembly includes a back wall positioned at the first side and a pair of sidewalls that extend from opposing ends of the back wall to form a U-shape, and the plurality of teeth are formed in the pair of sidewalls (claim 79); wherein the pawl cap includes a flange that extends over the top end of the pawl (claim 80).
The secondary reference teaches providing a furniture member with each of the above described features lacked by the primary reference, with regards to claim 77. Note as described in the rejection based on Marshall et al above. In addition note, with regards to claims 79 and 80, respectively, note the rack assembly includes a back wall positioned at the first side and a pair of sidewalls that extend from opposing ends of the back wall to form a U-shape, and the plurality of teeth are formed in the pair of sidewalls (see Figure 5); wherein the pawl cap includes a flange that extends over the top end of the pawl (note uppermost portion, as shown in Figure 6).
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 by adding a legrest mechanism including a legrest platform, wherein the legrest platform is movable relative to the seat base between a retracted position and an extended position; a rack assembly including a first side that is fixedly attached to the seat frame assembly and a second side that includes a plurality of teeth; and a pawl assembly movable between an engaged position and a disengaged position, and including: a pawl, a pawl cap disposed at a top end of the pawl, a mount bracket attached to the seat base, and a spring including a first wall that abuts the pawl and a second wall that abuts the mount bracket, the spring is movable relative to the mount bracket between a first position and a second position, wherein when the legrest platform is in the extended position, the pawl cap abuts one of the plurality of teeth and restricts the seat assembly from moving between the forward-tilt rocking position and the rearward-tilt rocking position (claim 77); wherein the rack assembly includes a back wall positioned at the first side and a pair of sidewalls that extend from opposing ends of the back wall to form a U-shape, and the plurality of teeth are formed in the pair of sidewalls (claim 79); wherein the pawl cap includes a flange that extends over the top end of the pawl (claim 80). These modifications provide for controllable, selective enhancement in support/comfort for a user.
Allowable Subject Matter
Claims 37, 38, 39 and 43 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.
Claim 78 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tunnell (US2772723) shows a rocker/recliner with laterally mounted springs. BRMU8702119Y1 shows a furniture member having tubular pins (30, 31). LaPointe et al (US5171000) shows an adjustable rocker spring assembly. Dietsch (US0203602) shows an adjustable rocker spring assembly.
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/April 13, 2026 Primary Examiner, Art Unit 3636
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