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 in the reply filed on 03/23/2026 is acknowledged.
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) 1-2 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kosui et al. (2013/0273331). Kosui et al. shows the use of a seating structure (2) comprising: a frame (see para[002]) defining an opening; and a suspension member (see para[0020]) coupled to the frame and spanning over the opening (Fig. 2), the suspension member configured to engage a user and having a three-dimensional topography independent of the frame and relative to a straight reference line that extends between opposing sides of the frame. wherein the three-dimensional topography. Regarding claim 2, a recess projects away from the user engaging the suspension member (Figs. 1-2). Regarding claims 6-7, the frame is part of a backrest and the frame is part of seat (para[002]).
Claim(s) 1,3-7 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aldrich et al. (2016/0374475). Aldrich et al. shows the use of a seating structure (2) comprising: a frame (14,20,100,102) defining an opening; and a suspension member (18, 22) coupled to the frame and spanning over the opening (Fig. 1), the suspension member configured to engage a user and having a three-dimensional topography independent of the frame and relative to a straight reference line that extends between opposing sides of the frame. wherein the three-dimensional topography. Regarding claims 3-6, the three-dimensional topography includes a protruding portion that projects toward the user engaging the suspension member as a result of a support pad (114,116,178,194) supported on the suspension member, and wherein the support pad forms the protruding portion (Fig. 14). Aldrich shows that the support pad is not directly connected to the frame. Regarding claims 6-7, the frame is part of a backrest (20, 100) and the frame is part of a seat (14).
Claim(s) 1,3-12 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deevers et al. (2022/0183470). Deevers et al. shows the use of a seating structure (10) comprising: a frame (12,30) defining an opening (Fig. 7A); and a suspension member (100,204) coupled to the frame and spanning over the opening (Fig. 1), the suspension member configured to engage a user and having a three-dimensional topography independent of the frame and relative to a straight reference line that extends between opposing sides of the frame. Regarding claims 3-6, the three-dimensional topography includes a protruding portion (Fig. 17A) that projects toward the user engaging the suspension member as a result of a support pad (212) supported on the suspension member, and wherein the support pad forms the protruding portion (Fig. 17A). Deevers et al. shows that the support pad is not directly connected to the frame. Regarding claims 6-7, the frame is part of a backrest (6) and the frame is part of a seat (8). Regarding claims 8 and 10-12, the suspension member includes a first layer (100) and a second layer (204) attached to the first layer whereby a tension differential is (inherently) created between the first and second layer as a pocket is defined therebetween and the support pad is received therein and is partially held by the tension differential. Regarding claims 16-20, a first tensile force is at least partially directed toward a user supported side of the suspension as a result of a first layer (204) and support pad (212) while a second tensile force is at least partially directed away from the user side of the suspension member as a result of the second layer (100). The first tensile force is greater than the second tensile force (as a result of the support pad acting on the first layer).
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devers et al. in view of Deevers et al. (2022/0354259). Deevers et al. shows all of the teachings of the claimed invention except the use of a second pocket spaced from the first pocket and second pad received therein. Deevers et al ‘259 shows the use of first pocket (70) having a thoracic pad (300) therein and second pocket (Fig. 13A) having a lumbar pad (1100) therein spaced from the first pocket. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the chair of Deevers et al. with the teachings of Deevers et al. ‘259 in order to provide more support and comfort to a user.
Claim(s) 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aldrich et al. in view Zouzal et al. Aldrich et al. shows all of the teachings of the claimed invention except the use of a first and second layer suspension member and the use of a support pad supported on the suspension member within a pocket formed by the first and second layers. Zouzal et al. teaches the use a chair (10) with a suspension member having a first (the material of the pocket) and second layer (70) that forms a tensile differential along with a support pad (20) supported in pocket (60) formed between the first and second layers and held by the tensile differential. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the chair of Aldrich et al. with the teachings of Zouzal et al. in order to provide more comfort and support to a user.
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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May 02, 2026
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