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 2 (Figs. 6-11), directed to a second chair and Sub-species b (Figs. 13-14), directed to a second sleeving structure, in the reply filed on 11/26/2025 is acknowledged. Claims 4-5, 8, 16 and 18 are withdrawn by Applicant from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species/sub-species, there being no allowable generic or linking claim.
Additionally, claim 7 is withdrawn as being drawn to non-elected Sub-species a, a first sleeving structure presented in at least Fig. 12.
Claim Objections
In accordance with 37 CFR 1.75(i), where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. See MPEP §608.01(m). Indentations are suggested to improve claim clarity, e.g., exactly which claim elements are being referenced in each limitation. See the indentations in the rejections section for examples.
Claims 1, 11 and 20 are objected to because of the following informalities:
Claim 1, line 6 reads “wherein the chair seat skeleton and the chair back skeleton are both constructed to detachable skeletons”.
Claim 1, line 8 reads “the chair seat skeleton at least comprises arc-shaped members allowed for being placed on a ground to achieve swinging forwards and backwards”.
Claim 1, 4th line from the bottom reads “the rocking chair skeleton is mounted and removed through the mounting port”. Examiner suggest amending the claim to clarify that the rocking chair skeleton is configured to be mounted and removed through the mounting port, as the limitation currently reads more like a method step.
Claim 11 paragraph 2 recites “each of the support frames comprises two side rods located on both sides, and a top rod connecting with rear end parts of the two side rods”. This appears to be a typo as Fig. 11 illustrates two side rods 321, each support frame comprising a side rod, or one side rod located on each side of the chair back skeleton.
Claim 20 appears to be an incomplete sentence after the word respective. Appropriate correction of each objection is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 20 is rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 20 recites “wherein the chair seat sleeve or the chair back sleeve at the edges of the sealing cover and the mounting port are provided with magic stickers in respective, and the sealing cover is adhered to the edge of the mounting port through the magic stickers.”
The specification does not provide the necessary details to make or use the inventions without undue experimentation. In reviewing the WANDS factors in light of applicant’s claims (MPEP 2164.01 (a)) the office’s finding are as follows:
A) Breadth of the claim- Claim 20 encompasses any releasable connection that can achieve high connecting strength and convenient disassembly and assembly.
B) Nature of the invention- the invention requires a manner of securing the sealing cover of the coat main body over the mounting port of the coat main body, choice of securement will vary based on at least textile behavior, surface interactions based on specific placement, and environmental conditions.
C) State of the Art- prior arts of record (note for instance Albecker below) teach that it is known to use Velcro, snaps or sewing to secure a sealing cover of a coat main body over a mounting port of the coat main body.
D) Level of ordinary skill in the art – A person having ordinary skill in the art would understand a repeated attachment/detachment fastener mechanism, but would still need to optimize dimensions and placement after testing compatibility with the particular coat main body material(s).
E) Level of predictability of the art – Small changes to predicted applied forces, fabric choice, and other intended use factors (e.g., environment, occupant, fasten/unfasten recurrence frequency) makes outcomes of releasable fasteners known in the art unpredictable.
F) The amount of direction provided by the inventor- The disclosure is missing critical details, e.g., surface requirements, attachment geometry, strength ranges, durability or life cycle, environmental resistance.
G) The existence of working examples- Applicant has provided no specific examples of a “magic sticker”.
H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure – When the WANDS factors are considered as a whole, the specification fails to enable the full scope of the claimed magic sticker without undue experimentation, particularly given the breadth of the claims and lack of guidance regarding particular performance requirements of the magic sticker or alternative fastening mechanisms.
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 claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Correction of narrative language, grammatical errors and idiomatic errors is/are required. For example, the second line form the bottom of claim 22, reading “inner sides of the rail battens resist to lower end faces of the arc-shaped members”, the claim terminology “magic stickers”. All instances of such errors will be examined as best understood in this action.
Claims 2-3, 6, 9-15, 17 and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 2, line 5 recites the limitation “the chair seat side frame comprise the arc-shaped members… and support rods located above the arc-shaped members”. The limitation renders the claim indefinite as there is lack of antecedent basis for “support rods” in the claims.
Claims 3, 6 and 9-10 fail to cure the deficiency. Correction/clarification is required.
Claim 11, line 2 recites “a support face”, which renders the claim indefinite as it is unclear if the support face of claim 11 is the same or in addition to “a chair back support face” in claim 1 from which it depends. Claims 12-17 do not cure the deficiency. Correction/clarification is required.
Claim 11, last line, recites “front end parts of the two rear struts and the two side rods are constructed with connecting ends for connecting to the chair seat skeleton”. Additionally, in line three from the bottom of claim 11 the term “connecting ends” is introduced as the ends that connect a rear strut 33 to a side rod 321. The term “connecting ends” renders the claim indefinite. The same “connecting ends” cannot logically be used to for the purpose of connecting the chair seat skeleton 2 with the chair back skeleton 3 and connecting a rear strut 33 to a side rod 321. The third line from the bottom of claim 11 reads in full: “front end parts of the two rear struts and the two side rods are constructed with the connecting ends for connecting the chair seat skeleton”. Examiner notes this appears to be used in error as “connecting parts” (not connecting ends) are disclosed for the purpose of connecting the chair seat skeleton with the chair back skeleton in the specification. Claims 12-17 do not cure the deficiency. Correction/clarification is required.
Claim 12 recites in the last lines “wherein the support frames are between the two side rods”, which is indefinite. Claim 11, from which claim 12 depends, establishes that the support frames comprise two side rods and a top rod connecting the side rods. The support frames cannot both comprise the side rods and be between the side rods. Correction/clarification is required.
Claim 20 recites the term “magic sticker” which renders the claim indefinite, as it is unclear to what exactly the term is referring. Examiner will examine the claim as though a securement mechanism such as Velcro, snaps or sewing is claimed. Correction/clarification is required.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6, 11-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 11,944,206 B1); and Albecker (US 5,425,567).
Regarding claim 1, Wu discloses an assembled rocking chair, comprising a rocking chair skeleton (Fig. 2) and a coat main body (rocking chair cover, ABSTRACT), wherein the rocking chair skeleton comprises a chair seat skeleton (bottom portion of Fig. 2), a chair back skeleton with a lower end part in detachable connection with a rear end part of the chair seat skeleton (upper portion of Fig. 2; see also Fig. 3 for details of detachable connection), a chair seat support assembly forming a chair seat support face on the chair seat skeleton (elastic band 6, Fig. 1), and a chair back support assembly forming a chair back support face on the chair back skeleton (Examiner notes Fig. 1);
wherein the chair seat skeleton and the chair back skeleton are both constructed to detachable skeletons (Fig. 3); the chair seat skeleton at least comprises arc-shaped members allowed for being placed on a ground to achieve swinging forwards and backwards (312); the coat main body comprises a chair seat sleeve and a chair back sleeve that are integrally connected (Examiner notes the coat main body comprises a chair seat sleeve and a chair back sleeve that are integrally connected as is evidenced by at least col. 3, ln. 11: The rocking chair cover 6 is sleeved on an upper surface of each of the main backrest rod 1, the cushion side rod 3, the connecting crossbar 4, and the elastic band 5, and Fig. 2); and a bottom of the chair seat sleeve or a back of the chair back sleeve is constructed with a mounting port, wherein the rocking chair skeleton is mounted and removed through the mounting port (Examiner notes a bottom of the chair seat sleeve or a back of the chair back sleeve is constructed with a mounting port, wherein the rocking chair skeleton is mounted and removed through the mounting port as is evidenced by the disclosure that The rocking chair cover 6 is sleeved on), but does not appear to specifically disclose wherein the chair seat sleeve or the chair back sleeve at an edge of the mounting port is detachably provided with a sealing cover, and the sealing cover is allowed for closing or opening the mounting port.
However, Albecker teaches a coat main body (upholstery 30), specifically wherein a chair seat sleeve or a chair back sleeve at an edge of a mounting port is detachably provided with a sealing cover (the flap to close the bottom, col. 13, ln. 28), and the sealing cover is allowed for closing or opening the mounting port (the flap to close the bottom, col. 13, ln. 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by Wu with the sealing cover detachably provided at an edge of a mounting port on a chair seat sleeve or a chair back sleeve and allowed for closing or opening the mounting port as taught by Albecker, with a reasonable expectation of success, so that the assembled rocking chair comprises the sealing cover wherein the chair seat sleeve or the chair back sleeve at an edge of the mounting port is detachably provided with the sealing cover, and the sealing cover is allowed for closing or opening the mounting port. The benefit being the predictable outcome of securing the mounting port closed after sleeving (Albecker, pg. 37, col. 13, line 28).
Regarding claim 2, modified Wu discloses the assembled rocking chair according to claim 1, wherein the chair seat skeleton comprises chair seat side frames located on both sides (Fig. 3), and a first link assembly detachably connected with the chair seat side frames on both sides (43);
the chair seat side frames comprise the arc-shaped members allowed for being placed on the ground to achieve swinging forwards and backwards (312), and support rods located above the arc-shaped members (311);
the support rods of the chair seat side frames on both sides are connected through the chair seat support assembly (Figs. 1-2), and the chair seat support assembly is formed with the chair seat support face between the two support rods (Figs. 1-2), but does not appear to specifically disclose multiple first link assemblies.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair with multiple first link assemblies, with a reasonable expectation of success, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The predictable benefit being providing more support from to the chair seat skeleton, and therefore a safer and more reliable assembled rocking chair.
Regarding claim 3, modified Wu discloses the assembled rocking chair according to claim 2, wherein the arc-shaped members present a state that a middle is low and front and rear ends are high (Fig. 1-3), only one end of each of the arc-shaped members is in closed loop connection with end parts of the support rods after being bent (313, Fig. 3), free ends of the arc-shaped members and the support rods are constructed with connecting parts for connecting the chair back skeleton (314), and both sides of the first link assemblies are detachably connected with closed loop connecting parts of the chair seat side frames (43 to 313, Fig. 3).
Regarding claim 6, modified Wu discloses the assembled rocking chair according to claim 3, wherein only one end of each of the arc-shaped members is integrally connected with the end parts of the support rods after being bent (via 313, Fig. 3).
Regarding claim 11, modified Wu discloses the assembled rocking chair according to claim 1, wherein the chair back skeleton comprises support frames for constructing and forming a support face (Fig. 1), and two rear struts connecting with rear ends of both sides of the support frames (2, Fig. 3);
each of the support frames comprises two side rods located on both sides (Examiner notes the straight portions of main back rest rod 1, Fig. 3), and a top rod connecting with rear end parts of the two side rods (Fig. 3); and
a rod body direction of each of the two rear struts is arranged along extending directions of the two side rods of the support frames (Fig. 3), rear end parts of the two rear struts are detachably connected or hinged with wall faces of rear sides at tops of the two side rods (Fig. 3), a distance a from the two rear struts to the two side rods gradually becomes larger onwards from connecting ends thereof (Fig. 3), and front end parts of the two rear struts and the two side rods are constructed with the connecting ends for connecting the chair seat skeleton (Fig. 3).
Regarding claim 12, modified Wu discloses the assembled rocking chair according to claim 11, wherein the chair back support assembly is at least connected with the two side rods of the support frames (Fig. 3), wherein the chair back support face for supporting a back and a head is formed in the support frames (Fig. 1), wherein the support frames are between the two side rods (Fig. 3, Examiner notes 112b rejection associated with the limitation).
Regarding claim 13, modified Wu discloses the assembled rocking chair according to claim 11, wherein the rear end parts of the two rear struts are constructed to cutting angles (Fig. 3), the cutting angles have rear ends becoming great gradually (Fig. 3), and front end faces of the cutting angles are cutting faces fitting with the rear end parts of the two side rods (Fig. 3); and the cutting faces at the rear end parts of the two rear struts are placed on the rear end parts of the two side rods and fixedly connected (Fig. 3).
Regarding claim 14, modified Wu discloses the assembled rocking chair according to claim 11, wherein left and right end parts of the top rod are detachably connected or integrally connected and fixed with the rear end parts of the two side rods on both sides thereof (Fig. 3), and an arc angle transition is presented between the left and right end parts of the top rod and the rear end parts of the two side rods on both sides thereof (Fig. 3).
Regarding claim 15, modified Wu discloses the assembled rocking chair according to claim 11, wherein the two side rods are constructed to circular arcs with openings facing forwards and upwards, and lower end faces of the front end parts of the two rear struts are constructed to circular arc faces (Fig. 3).
Regarding claim 19, modified Wu discloses the assembled rocking chair according to claim 1, wherein one end of the sealing cover is sewed or integrally connected with the chair seat sleeve or the chair back sleeve at an edge of one side of the mounting port (Albecker, pg. 36, col. 12, ln. 55), but does not appear to specifically disclose wherein remaining edges of the sealing cover are connected with the chair seat sleeve or the chair back sleeve at the edge of the mounting port in manners of adhering, fastening or clamping.
However, Albecker teaches the sealing cover, wherein remaining edges of the sealing cover are connected with the chair seat sleeve or the chair back sleeve at the edge of the mounting port in manners of adhering, fastening or clamping (pg. 35, col. 12, ln. 57: Velcro, snaps or sewing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by modified Wu with the adhering, fastening or clamping at the edges of the sealing cover as taught by Albecker, with a reasonable expectation of success, so that the remaining edges of the sealing cover are connected with the chair seat sleeve or the chair back sleeve at the edge of the mounting port in manners of adhering, fastening or clamping. The benefit being an effective means of closing the sealing cover.
Regarding claim 20, modified Wu discloses the assembled rocking chair according to claim 19, wherein the chair seat sleeve or the chair back sleeve at the edges of the sealing cover and the mounting port are provided with magic stickers in respective, and the sealing cover is adhered to the edge of the mounting port through the magic stickers (pg. 35, col. 12, ln. 57: Velcro, snaps or sewing).
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Wu modified by Albecker, as applied to claim 1, and further, in view of Lan (US 2007/0096460 A1).
Regarding claim 21, modified Mao-123 discloses the assembled rocking chair according to claim 1, wherein the coat main body is a fabric coat or a leather coat (Albecker, pg. 36, col. 12, ln. 10), but does not appear to specifically disclose wherein in the coat main body, a front face or a side of the chair seat sleeve and/or a front face or a side of the chair back sleeve are sprayed or printed with decorative patterns.
However, Lan teaches a coat main body in the same field of endeavor including patterns (sleeve assembly 2, with patterns or logos thereon, §[0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by modified Wu with the decorative patterns as taught by Lan, with a reasonable expectation of success, so that in the coat main body, a front face or a side of the chair seat sleeve and/or a front face or a side of the chair back sleeve are sprayed or printed with decorative patterns. The benefit being providing a riveting appearance to the assembled rocking chair via the coat main body (§[0027], Lan).
Regarding claim 22, modified Wu discloses the assembled rocking chair according to claim 1, wherein both sides of the bottom of the chair seat sleeve are adhered or sewed with rail battens (7), when the coat main body is sleeved on the rocking chair skeleton, a middle of the chair seat sleeve is higher than lower end faces of the rail battens on both sides thereof (Fig. 1), and inner sides of the rail battens resist to lower end faces of the arc-shaped members of the chair seat skeleton (Examiner notes the rail battens are configured to resist to the arc shaped members as best understood, Fig. 3).
Regarding claim 23, modified Wu discloses the assembled rocking chair according to claim 22, wherein the mounting port is constructed to the bottom of the chair seat sleeve (Albecker), and the rail battens are adhered to or sewed on an edge of the chair seat sleeve (Wu, Figs. 1-3), wherein the chair seat sleeve is on a side of the mounting port (Albecker); or the mounting port extends to an edge of the bottom of the chair seat sleeve, and the rail battens are adhered to or sewed on edges, wherein the edges are on both sides of the sealing cover.
Examiner notes, in a case where the rejections in light of Wu do not stand, the following alternative/additional rejection to the claims is provided:
Claims 1 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 206102123U), cited in Applicant’s 2/1/2024 IDS, hereinafter Mao-123; and Albecker.
Regarding claim 1, Mao-123 discloses an assembled rocking chair (Fig. 1), comprising:
a rocking chair skeleton (Fig. 1), wherein the rocking chair skeleton comprises:
a chair seat skeleton (seat 1, Fig. 2),
a chair back skeleton with a lower end part in detachable connection with a rear end part of the chair seat skeleton (seat back 2 with fixed fastening mechanism, Fig. 2; page 2 of attached translation, 4th line from the bottom of the page),
a chair seat support assembly forming a chair seat support face on the chair seat skeleton (lower seating surface, Fig. 2; page 3, last paragraph, line 4), and
a chair back support assembly forming a chair back support face on the chair back skeleton (three laterally disposed back panels 23 which are U-shaped in a three-seat back plate 23 and the outer sides of the three back panels 23 are successively connected to form a flexible package; Fig. 2; page 2, lines 5-8 from the bottom of the page); wherein:
the chair seat skeleton and the chair back skeleton are both constructed to detachable skeletons (Examiner notes the attachment between item 22 and item 12 depicted in Fig. 2; item 1 is clearly detachable from item 2 and vice versa, see also Fig. 1);
the chair seat skeleton at least comprises arc-shaped members allowed for being placed on a ground to achieve swinging forwards and backwards (seat side panels 11, Fig. 2);
But does not appear to specifically disclose a coat main body, wherein the coat main body comprises: a chair seat sleeve and a chair back sleeve that are integrally connected; and
a bottom of the chair seat sleeve or a back of the chair back sleeve is constructed with a mounting port, wherein: the rocking chair skeleton is mounted and removed through the mounting port, the chair seat sleeve or the chair back sleeve at an edge of the mounting port is detachably provided with a sealing cover, and the sealing cover is allowed for closing or opening the mounting port.
However, Albecker teaches a coat main body (upholstery 30), the coat main body comprises:
a chair seat sleeve and a chair back sleeve that are integrally connected (Examiner notes portion of 30 on upper portion, U.P. and portion of 30 on lower portion, L.P. integrally connected together forming the entirety of upholstery 30); and
a bottom of the chair seat sleeve or a back of the chair back sleeve is constructed with a mounting port (Examiner notes hole formed at the flap to close the bottom, col. 13, ln. 28) wherein:
a chair skeleton is configured to be mounted and removed through the mounting port (col. 13, ln. 28),
the chair seat sleeve or the chair back sleeve at an edge of the mounting port is detachably provided with a sealing cover (the flap to close the bottom, col. 13, ln. 28), and
the sealing cover is allowed for closing or opening the mounting port (the flap to close the bottom, col. 13, ln. 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by Mao-123 with the coat main body comprising a chair seat sleeve and a chair back sleeve that are integrally connected; and a bottom of the chair seat sleeve or a back of the chair back sleeve constructed with a mounting port, wherein: a chair skeleton is configured to be mounted and removed through the mounting port, the chair seat sleeve or the chair back sleeve at an edge of the mounting port is detachably provided with a sealing cover, and the sealing cover is allowed for closing or opening the mounting port as taught by Albecker, with a reasonable expectation of success, so that the assembled rocking chair comprises a coat main body, and the coat main body comprises: a chair seat sleeve and a chair back sleeve that are integrally connected; and
a bottom of the chair seat sleeve or a back of the chair back sleeve is constructed with a mounting port, wherein: the rocking chair skeleton is configured to be mounted and removed through the mounting port, the chair seat sleeve or the chair back sleeve at an edge of the mounting port is detachably provided with a sealing cover, and the sealing cover is allowed for closing or opening the mounting port.
The benefit being the predictable outcome of providing upholstery for a leisure chair/backrest that is attractive and appropriate for use as a regular piece of furniture in a home; and to have the ability to make it to suit a variety of tastes (Albecker, pg. 33, col. 5, item (c)).
Regarding claim 19, modified Mao-123 discloses the assembled rocking chair according to claim 1, wherein one end of the sealing cover is sewed or integrally connected with the chair seat sleeve or the chair back sleeve at an edge of one side of the mounting port (Albecker, pg. 36, col. 12, ln. 55), but does not appear to specifically disclose wherein remaining edges of the sealing cover are connected with the chair seat sleeve or the chair back sleeve at the edge of the mounting port in manners of adhering, fastening or clamping.
However, Albecker teaches the sealing cover, wherein remaining edges of the sealing cover are connected with the chair seat sleeve or the chair back sleeve at the edge of the mounting port in manners of adhering, fastening or clamping (pg. 35, col. 12, ln. 57: Velcro, snaps or sewing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by modified Mao-123 with the adhering, fastening or clamping at the edges of the sealing cover as taught by Albecker, with a reasonable expectation of success, so that the remaining edges of the sealing cover are connected with the chair seat sleeve or the chair back sleeve at the edge of the mounting port in manners of adhering, fastening or clamping. The benefit being an effective means of closing the sealing cover.
Regarding claim 20, modified Mao-123 discloses the assembled rocking chair according to claim 19, wherein the chair seat sleeve or the chair back sleeve at the edges of the sealing cover and the mounting port are provided with magic stickers in respective, and the sealing cover is adhered to the edge of the mounting port through the magic stickers(pg. 35, col. 12, ln. 57: Velcro, snaps or sewing).
Claims 2-3, 6, 11-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mao-123 modified by Albecker, and further, in view of Dachli (CN 205214737U).
Regarding claim 2, modified Mao-123 discloses the assembled rocking chair according to claim 1, wherein the chair seat skeleton comprises:
chair seat side frames located on both sides (seat side panels 11, Fig. 2), and
first link assemblies detachably connected with the chair seat side frames on both sides (seat front panels 13, Fig. 2; page 3, line 5: the three seat front panels are used to connect the two seat side panels);
[wherein] the chair seat side frames comprise the arc-shaped members allowed for being placed on the ground to achieve swinging forwards and backwards (Examiner notes bottom arced portion of seat side panel 11), and
[wherein] the chair seat support assembly is formed with the chair seat support face between the chair seat side frames (Figs. 1-2),
wherein the chair seat side frames each comprise a support (Examiner notes the top portion of chair seat side frames 11), wherein:
the supports are located above the arc-shaped members (Fig. 2);
the supports are connected through the chair seat support assembly (Fig. 2), and
the chair seat support assembly is formed with the chair seat support face specifically between the two supports of the chair seat side frames.
Mao-123 does not appear to disclose wherein the supports are rods or more specifically, wherein the chair seat side frames are specifically support rods located above the arc-shaped members.
However, Dachli teaches an assembled rocking chair in the same field of endeavor comprising chair seat side frames that are specifically support rods (second side tube 10) above arc-shaped members (first side tube 8), and it would have been an obvious to one having ordinary skill in the art at the time the invention was filed as substitution of functional equivalent to substitute the chair seat side frame of Mao-123 (11) with the chair seat side frame of Dachli (8 and 10), with a reasonable expectation of success so that the chair seat side frames each comprise the support rod, wherein: the supports rods are located above the arc-shaped members; the supports rods are connected through the chair seat support assembly, and the chair seat support assembly is formed with the chair seat support face specifically between the two supports rods of the chair seat side frames, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The motivation for using the chair seat side frame of Dachli being obtaining the predictable outcome of effectively avoiding the danger that the rocking chair is too large due to the backward swinging angle (Dachli, page 12, final sentence).
Regarding claim 3, modified Mao-123 discloses the assembled rocking chair according to claim 2, wherein the arc-shaped members present a state that a middle is low and front and rear ends are high (Dachli, Fig. 2; Mao-123, Fig. 2), only one end of each of the arc-shaped members is in closed loop connection with end parts of the support rods after being bent (Dachli, Fig. 2; Mao-123, Fig. 2), and wherein free ends of the arc-shaped members and both sides of the first link assemblies are detachably connected with closed loop connecting parts of the chair seat side frames (Mao-123, Fig. 2), and connecting parts for connecting the chair back skeleton (Mao-123, Fig. 2), but does not appear to disclose wherein the support rods are specifically constructed with the connecting parts.
However, Dachli teaches the support rods specifically constructed with connecting parts. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair of modified Mao-123 with the arrangement between the support rods and the connecting parts, as taught by Dachli, with a reasonable expectation of success, so that the support rods are specifically constructed with the connecting parts. The benefit being the predictable outcome of a successful and dependable connection between the chair seat skeleton and the chair back skeleton.
Regarding claim 6, modified Mao-123 discloses the assembled rocking chair according to claim 3, wherein only one end of each of the arc-shaped members is integrally connected with the end parts of the support rods after being bent (Dachli, Fig. 2).
Regarding claim 11, modified Mao-123 discloses the assembled rocking chair according to claim 1, wherein the chair back skeleton comprises:
support frames for constructing and forming a support face and two rear struts connecting with rear ends of both sides of the support frames (seat back frame, pg. 2, final paragraph), but does not appear to specifically disclose wherein each of the support frames comprise a side rods, one on each side, and a top rod connecting with rear end parts of the two side rods; and a rod body direction of each of the two rear struts is arranged along extending directions of the two side rods of the support frames, rear end parts of the two rear struts are detachably connected or hinged with wall faces of rear sides at tops of the two side rods, a distance a from the two rear struts to the two side rods gradually becomes larger onwards from connecting ends thereof, and front end parts of the two rear struts and the two side rods are constructed with the connecting ends for connecting the chair seat skeleton.
However, Dachli teaches support frames and two rear struts, each connecting with a respective rear end of a support frame (Fig. 1), specifically wherein each of the support frames comprise a side rods (14), one on each side, and a top rod connecting with a respective rear end part of a side rod (13); and a rod body direction of each of the two rear struts is arranged along extending directions of the two side rods of the support frames (Examiner notes rear struts 12 comprise a rod body direction arranged along extending directions of respective side rods 14, Fig. 1), rear end parts of the two rear struts are detachably connected or hinged with wall faces of rear sides at tops of the two side rods (Fig. 1), a distance a from the two rear struts to the two side rods gradually becomes larger onwards from connecting ends thereof (Examiner notes the distance between 12 and 14 gradually becomes larger onward form the connection between 12 and 14, Fig. 1), and wherein front end parts of the two rear struts and the two side rods are constructed with a connecting end for connecting a chair seat skeleton (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the chair back skeleton disclosed by modified Mao-123 with the support frames and two rear struts as taught by Dachli specifically wherein each of the support frames comprise a side rod, one on each side; a top rod connecting with a respective rear end part of each side rod; and wherein a rod body direction of each of the two rear struts is arranged along extending directions of the two side rods of the support frames, wherein rear end parts of the two rear struts are detachably connected or hinged with wall faces of rear sides at tops of the two side rods, and wherein a distance, a, from the two rear struts to the two side rods gradually becomes larger onwards from connecting ends thereof, and wherein front end parts of the two rear struts and the two side rods are constructed with connecting ends for connecting the chair seat skeleton, with a reasonable expectation of success, so that the assembled rocking chair comprises the chair back skeleton comprising support frames for constructing and forming a support face, and two rear struts connecting with a respective rear end of each support frame, wherein each of the support frames comprise a side rod, one on each side; a top rod connecting with a respective rear end part of each side rod; and wherein a rod body direction of each of the two rear struts is arranged along extending directions of the two side rods of the support frames, wherein rear end parts of the two rear struts are detachably connected or hinged with wall faces of rear sides at tops of the two side rods, and wherein a distance, a, from the two rear struts to the two side rods gradually becomes larger onwards from connecting ends thereof, and wherein front end parts of the two rear struts and the two side rods are constructed with connecting ends for connecting the chair seat skeleton. The benefit being a chair back skeleton that is convenient to process, high in strength and good in stability (Dachli, pg. 11, lines 6-7 from the bottom).
Regarding claim 12, modified Mao-123 discloses the rocking chair according to claim 11, wherein the chair back support assembly is at least connected with the two side rods of the support frames (Mao-123, Fig. 2 and Dachli, Fig. 2), the chair back support face for supporting a back and a head is formed in the support frames (Mao-123, Fig. 2), and wherein the support frames are between the two side rods (Examiner notes 112b rejection associated with the limitation).
Regarding claim 14, modified Mao-123 discloses the assembled rocking chair according to claim 11, wherein left and right end parts of the top rod are detachably connected or integrally connected and fixed with the rear end parts of the two side rods on both sides thereof (Dachli, Fig. 2), but does not appear to specifically disclose an arc angle transition presented between the left and right end parts of the top rod and the rear end parts of the two side rods on both sides thereof.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the different portions of the top rod whatever form or shape was desired or expedient, for example comprising an arc angle transition on both sides, with a reasonable expectation of success, so that the arc angle transition is presented between the left and right end parts of the top rod and the rear end parts of the two side rods on both sides thereof. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. The benefit being eliminating sharp edges on the skeleton to improve user handling safety and to extend wear life of the coat main body.
Claims 21 rejected under 35 U.S.C. 103 as being unpatentable over Mao-123 modified by Albecker, as applied to claim 1, and further, in view of Lan.
Regarding claim 21, modified Mao-123 discloses the assembled rocking chair according to claim 1, wherein the coat main body is a fabric coat or a leather coat (Albecker, pg. 36, col. 12, ln. 10), but does not appear to specifically disclose wherein in the coat main body, a front face or a side of the chair seat sleeve and/or a front face or a side of the chair back sleeve are sprayed or printed with decorative patterns.
However, Lan teaches a coat main body in the same field of endeavor including patterns (sleeve assembly 2, with patterns or logos thereon, §[0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by modified Mao-123 with the decorative patterns as taught by Lan, with a reasonable expectation of success, so that in the coat main body, a front face or a side of the chair seat sleeve and/or a front face or a side of the chair back sleeve are sprayed or printed with decorative patterns. The benefit being providing a riveting appearance to the assembled rocking chair via the coat main body (§[0027], Lan).
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Mao-123 modified by Albecker, as applied to claim 1, and further, in view of Ambrose (US 3,671,984) and Adams IV et al. (US 2016/0296019 A1), hereinafter Adams.
Regarding claim 22, modified Mao-123 discloses the assembled rocking chair according to claim 1, wherein when the coat main body is sleeved on the rocking chair skeleton (Albecker, Figs. 2C-2D) and wherein a middle of the chair seat sleeve is higher than both sides of the bottom of the chair seat sleeve (Modified Mao-123, Fig. 2), but does not appear to specifically disclose wherein both sides of the bottom of the chair seat sleeve are adhered or sewed with rail battens, wherein the middle of the chair seat sleeve is higher than lower end faces of the rail battens on both sides thereof, and wherein inner sides of the rail battens resist to lower end faces of the arc-shaped members of the chair seat skeleton.
However, Ambrose teaches upholstery fabric in a similar field of endeavor including rail battens sewn or adhered thereto (edging strips, Figs. 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by modified Mao-123 with the rail battens, sewn or adhered to an upholstery fabric, as taught by Ambrose, with a reasonable expectation of success, so that the chair seat sleeve is adhered or sewed with rail battens. The benefit being evenly distributing loads thereon, and resisting wrinkling, puckering and tearing thereof (Ambrose, col. 1, ln. 60).
Modified Mao-123 does not appear to disclose wherein the rail battens are adhered or sewn specifically on both sides of the bottom of the chair seat sleeve so that a middle of the chair seat sleeve is higher than lower end faces of the rail battens on both sides thereof, and wherein the inner sides of the rail battens are configured to resist to lower end faces of the arc-shaped members of the chair seat skeleton.
However, Adams teaches a rocking chair with rail battens with an inside edge and an outside edge (10-11, Fig. 2), in a similar field of endeavor, wherein the bottom of each rocker specifically comprises rail battens so that a middle of the chair seat is higher than lower end faces of the rail battens on both sides thereof, and inner sides of the rail battens are configured to resist to lower end faces of the arc-shaped members of the chair seat (Adams, Abstract: having an inside edge and an outside edge the base having a slope such that when the rocking chair is placed on a flat surface a portion of the inside edge will be in contact with the flat surface and the outside edge will not be in contact will the flat surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembled rocking chair disclosed by Moa-123 as modified by Albecker and Ambrose, with the specific placement of rail battens as taught by Adams, with a reasonable expectation of success, so that the bottom of each rocker specifically comprises the rail battens, a middle of the chair seat is higher than lower end faces of the rail battens on both sides thereof, and inner sides of the rail battens are configured to resist to lower end faces of the arc-shaped members of the chair seat. The benefit being the predicted outcome of supporting the forces of a person sitting and rocking in the rocker and preventing structural damage to the rocking chair and/or it’s coat main body (Adams).
Regarding claim 23, modified Mao-123 discloses the assembled rocking chair according to claim 22, wherein the mounting port is constructed to the bottom of the chair seat sleeve (Albecker, col. 13, ln.28), and the rail battens are adhered to or sewed on an edge of the chair seat sleeve (Ambrose, as is evidenced by the name of the battens: upholstery edging), wherein the chair seat sleeve is on a side of the mounting port (Albecker, col. 13, ln. 28); or (Examiners notes the limitations after the term ”or” are rendered optional and therefore unpatentable) the mounting port extends to an edge of the bottom of the chair seat sleeve, and the rail battens are adhered to or sewed on edges, wherein the edges are on both sides of the sealing cover.
Regarding claim 24, modified Mao-123 discloses the assembled rocking chair according to claim 22, wherein the rail battens comprise strip flexible anti-wearing outer layers (Ambrose, resilient sheet-cloth backing 16), after being bent (along line 21), two wide sides of the flexible anti-wearing outer layers are sewed to middles of the flexible anti-wearing outer layers to form a tubular shape (23), and a rib is worn in through a hole of the tubular shape (stiff cord 25), but does not appear to specifically disclose an “8” shape, wherein ribs are worn in through two holes of the “8” shape.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the different portions of the batten of whatever form or shape was desired or expedient, with a reasonable expectation of success, such as an “8” shape so that two wide sides of the flexible anti-wearing outer layers are sewed to middles of the flexible anti-wearing outer layers to form the “8” shape, and ribs are worn in through two holes of the “8” shape. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. The benefit being the predictable outcome of creating a more prominent inside edge and outside edge on the battens so that when the rocking chair is placed on a flat surface a portion of the inside edge will better be in contact with the flat surface and the outside edge will not be in contact will the flat surface, optimally distributing the forces of a person sitting in the chair to protect the chair and/or coat main body from structural damage.
Allowable Subject Matter
Claims 9 and 17 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The prior art of record fails to disclose or make obvious the combined limitations of applicants claimed invention. While modified Mao-123 teaches a plurality of first links constructed and distributed along the radians of the closed loop connecting parts. The prior art does not teach, wherein the first link assemblies comprise first connecting sheets on both sides, wherein the plurality of first links connect the first connecting sheets on both sides; and wherein the plurality of first links are coated with gum sleeves. The modification of modified Mao-123 to include the connecting sheets is non-obvious and lacking motivation. It would require undue hindsight to obtain a successful connection including connecting sheets and gum sleeves. Additionally, the prior art of record fails to disclose or make obvious the combined limitations of applicants claimed invention, specifically wherein an elastic cloth sleeve is constructed to gradually become small from an opening end thereof to a rear caliber, and the elastic cloth sleeve is tightly sleeved on the support frames and the two rear struts.
Claim 10 is 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. The prior art of record fails to disclose or make obvious the combined limitations of applicants claimed invention. Specifically, the prior art does not teach a second link assembly, wherein two end parts are connected with free ends of the arc-shaped member inside the connecting parts of the support rods, comprising second connecting sheets on both sides and comprising at least two second links for connecting the second connecting sheets on both sides; and an uppermost second link is that is constructed to a bending form with a sinking middle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pierce (US 1,332,406) teaches a rocking chair with battens on the bottom of the rockers to keep the rocking chair form “creeping” during use.
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/Shanna Danielle Glover/Examiner, Art Unit 3642