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 Invention I in the reply filed on 24 October 2025 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 24 October 2025.
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) 1-4, 6, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dowding (US Patent Number 11173084).
Regarding claim 1, Dowding discloses a mobile lift chair comprising: a frame (at least 62, 70, etc.); a set of wheels (at least 60, optionally including 32 as well) coupled to the frame and supporting the frame above a ground surface (11); a seat (26) supported by the frame and having at least a portion that is vertically movable with reference to the set of wheels (at least relative to 60); and a seat lift/stabilizer assembly having: a stabilizer foot (at least a portion of 14) movably coupled to the frame; a seat lifting member (40) coupled to the stabilizer foot and the seat; and an actuator (50) that selectively places the seat lifting member in: a retracted configuration (as in Figure 2 for instance), where the stabilizer foot is not in contact with the ground surface and the seat is in a resting position; and an extended configuration (as in Figure 3 for instance), where the stabilizer foot is in contact with the ground surface and the seat is in a lifted position.
Regarding claim 2, Dowding further discloses the seat lifting member comprises: a telescoping member (at least members 16 and 20 telescope).
Regarding claim 3, Dowding further discloses the stabilizer foot is pivotably coupled to the frame (14 is pivotable relative to 62, 70, etc.).
Regarding claim 4, Dowding further discloses the set of wheels is at least four wheels (at least two members 32 and two members 60).
Regarding claim 6, Dowding further discloses the stabilizer foot comprises: a first end (at 66 for instance) coupled to the frame; and a second end (adjacent 15 for instance) having a friction surface (at a bottom thereof) and being movable between a first position that is between the ground surface and the seat and a second position that places the friction surface in contact with the ground surface (see figures).
Regarding claims 8 and 9, Dowding further discloses the actuator comprises: an electric motor and the electric motor is battery powered (see the paragraph bridging columns 4 and 5 describing a battery and electric operation).
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koenig (US Patent Number 6454285).
Regarding claim 1, Koenig discloses a mobile lift chair comprising: a frame (4); a set of wheels (72 and/or 74) coupled to the frame and supporting the frame above a ground surface (64); a seat (16) supported by the frame and having at least a portion that is vertically movable with reference to the set of wheels (see at least Figures 2, 3); and a seat lift/stabilizer assembly having: a stabilizer foot (at least 88, optionally including 52, etc.) movably coupled to the frame; a seat lifting member (at least 58) coupled to the stabilizer foot and the seat; and an actuator (28) that selectively places the seat lifting member in: a retracted configuration (as in Figure 2 for instance), where the stabilizer foot is not in contact with the ground surface and the seat is in a resting position; and an extended configuration (as in Figure 3 for instance), where the stabilizer foot is in contact with the ground surface and the seat is in a lifted position.
Regarding claim 3, Koenig further discloses the stabilizer foot is pivotably coupled to the frame (52/88 rotate relative to 4; see Figures 2 and 3).
Regarding claim 4, Koenig further discloses the set of wheels is at least four wheels (at least two members 72 and two members 74).
Regarding claim 5, Koenig further discloses when the seat lifting member is in the retracted configuration, the set of wheels allow the mobile lift chair to move laterally along the ground surface (at least inasmuch as the invention based on the mounting of members 72 for instance).
Regarding claim 6, Koenig further discloses the stabilizer foot comprises: a first end (upper portion of 52 for instance) coupled to the frame; and a second end (at 88 for instance) having a friction surface (at 90) and being movable between a first position that is between the ground surface and the seat and a second position that places the friction surface in contact with the ground surface (see figures).
Regarding claim 7, Koenig further discloses the seat comprises: a sitting surface wherein: in the resting position, the sitting surface is substantially horizontal (see Figure 2); and in the lifted position, the sitting surface is substantially non-horizontal (see Figure 3).
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koenig in view of Dowding. Koenig discloses a chair as explained above including in the extended configuration, the set of wheels and stabilizer foot make contact with the ground surface and no part of the frame makes contact with the ground surface (see Figure 3 with set of wheels 74 in contact as claimed), but does not disclose a motor. Dowding discloses a related device including an actuator comprising an electric motor and the electric motor is battery powered (see the paragraph bridging columns 4 and 5 describing a battery and electric operation). Accordingly, it would have been obvious to one of ordinary skill in the art to provide a motor and battery to drive Koenig’s device as taught by Dowding because this could improve comfort and convenience for various users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because they represent a variety of related lift chairs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636