DETAILED ACTION
In Response to Applicant’s Remarks Filed 12/17/25
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 6, 7, 9-15, 17-20 are pending.
Claims 1, 6, 7, 9-15, 17-20 have been examined.
Claim Rejections - 35 USC § 102
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (WO 2019/088663). Choi discloses An automated chair comprising: a vertical support (fig. 1: shown extending from legs/base); a horizontal support (fig. 3: 102); a base portion (fig. 1: legs), wherein the vertical support extends from the base portion; wherein the horizontal support interfaces with the vertical support via a vertical support interface (fig. 2: 101); an automated control assembly (fig. 4: 110A) housed and integrated within the horizontal support, a right leaf and a left leaf (fig. 3: 112) connected to the automated control assembly and the horizontal support; wherein the automated control assembly comprises a control system and a motor (fig. 4 shows motor and control system elements; paragraph 0070); and wherein the control system is positioned directly above the vertical support interface (as shown in figs. 1 and 2).
Allowable Subject Matter
Claims 6, 7, 9-15 and 17-20 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art reference of Choi fails to teach
wherein the right leaf/left leaf is configured to be moved in at least one of a horizontal direction and a vertical direction;
wherein the automated control assembly is configured to receive input data from a sensor; or
wherein the automated control assembly is configured to receive and execute an operating model.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The present Office Action relies on the Choi reference, not previously used, as necessitated by amendment.
Conclusion
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 TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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