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 1-20 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. In the preamble of claim 1, the applicant has disclosed the invention as a locking system “for use with an adjustable chair having a seat”, but then in the body of the claims positively recites the adjustable chair and seat as part of the invention thereby rendering the scope of the claim unclear, as to the metes and bounds of the claimed invention. Applicant must clarify if the invention is a locking system or the combination of a locking system and adjustable chair.
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) 1-5 and 11-13 as best understood is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hong (8,220,872). Applicant is hereby noticed that the claims have been examined in regards to the invention as a locking system and not the combination of the locking system and adjustable chair. Hong shows the use of a locking system (Figs. 8, 22) for an adjustable chair having a seat movable between a horizontal seated position and a vertical standing position comprising: a control assembly (Fig. 8, 9.311a, 9.311b) having a motor (col. 8 lines 60), the motor operable to move the seat of the adjustable chair between the horizontal seated position and vertical standing position; and a locking mechanism (the gear brake assembly) having a slot (the spacing between the brake gears) that can interface with a portion (the gear teeth) of the control assembly or the seat to stop a movement of the seat towards the vertical standing position, the locking mechanism configured to stop the movement of the seat when the seat is in a position between the horizontal seated position and vertical standing position (Figs. 7, 22). Regarding claims 2-3, Hong shows the use of a first (9.311a) and second locking mechanism (9.311b) that engage a respective first leaf (9.200a) and second leaf (9.200b). Regarding claim 4, the locking mechanism will have a plurality of slots (the different spacing between the gear teeth to engage the brake gear). Regarding claim 5, the locking mechanism is releasable from a locking mode (brake mode) to allow free movement of the seat by the motor (col. 9 lines 1-8). Regarding claims 11-13, Hong teaches the use of a leaf perch (the cylindrical rotor) that is connected to a gearbox that is connected to a motor (see col. 8, lines 60-61). The motor drives the leaf perch.
Allowable Subject Matter
Claims 6-10 and 14-20 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. Reference Nos. 4,451,086, 7,387,339, and 11,160,704 show features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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January 23, 2026