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 § 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, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hopwood ('188). The reference to Hopwood teaches structure as claimed including a modular furniture system (See Fig. 1) comprising: a plurality of frame portions (Fig. 1-3, end members 1, page 1 In. 49-51) including a first frame portion (Fig. 1, the first frame portion is shown to be the end member 1 on the right of the figure.) and a second frame portion (Fig. 1, the second frame portion is shown to be the end member 1 on the left of the figure.) each of the frame portions including a first recess (Fig. 2, the first recess is shown to be the aperture 2 that is the farthest to the left.); a plurality of slats (Fig. 1, 4-5, seat slats 3, page 1 In. 52-53) including a first slat (Fig. 1, the first slat is shown to be the slat 3 that is put through the first recess 2 of each frame portion 1.), the first slat including a first frame contact surface (See Fig. 5, the first frame contact surface is shown to be the surface that is perpendicular to the length of the slat, wherein the first frame contact surface is the surface that extends between the rebated portion 6 of each slat and the middle body portion of each slat.), a second frame contact surface (See Fig. 5, the second frame contact surface is shown to be opposite the first frame contact surface and is shown to contact the second frame in figure 1.), a first distal end surface (See Fig. 5, the first distal end surface is shown to be the end surface of the rebated portion 6 shown in the figure.), and a second distal end surface (See Fig. 5, the second distal end surface is shown to be the end surface opposite the first distal end surface.), the first frame contact surface being configured to abut an inner surface of the first frame portion (See Fig. 1, the first frame contact surface is shown to abut an inner facing surface of the first frame portion), the second frame contact surface being configured to abut an inner surface of the second frame portion (See Fig. 1, the second frame contact surface is shown to abut an inner facing surface of the second frame portion.), the inner surface of the first frame portion facing the inner surface of the second frame portion (See Fig. 1, the two inner surfaces are shown to face inward and toward each other), the first distal end surface being configured to fit through the first recess of the first frame portion (See Fig. 1, the first distal end is shown to extend through the first recess), and the second distal end surface being configured to fit through the first recess of the second frame portion (See Fig. 1, the second distal end is shown to extend through the second recess); a first removable support (Fig. 1, 4-5, back slats 4, page 1 In. 52-53) configured to abut the first frame portion and the second frame portion (See Fig. 1-4, a portion of the back slats 4 are shown to abut the first and second frame portions.), and a first coupling mechanism (Fig. 1, 4-5, the first coupling mechanism consists of the hole formed in the rebated section of the first slat and the pegs 7 that secure seat slats 3.) configured to, without using any tool (See Fig. 1, "The ends of each rail or slat are rebated as indicated at 6 to project through the apertures 2 in the frames and are secured in positioned by pinning as by pegs 7", page 1 In. 62-66; the pegs 7 are shown to be inserted without using any tool), couple the first slat to the first frame portion (See Fig. 1, the first slat is shown to be coupled to the first frame portion.), and release the first slat from the first frame portion (See Fig. 1, to release the first slat from the first frame portion, the peg 7 is removed from the hole that it is set in. and the slat is removed from the frame 1), a second coupling mechanism (Fig. 1, 4-5, the second coupling mechanism consists of the hole formed in the rebated section of the first slat and the pegs 7 that secure back slats 4.) configured to, without using any tool, couple the first removable support to the first frame portion, and release the first removable support from the first frame portion (See Fig. 1, "The ends of each rail or slat are rebated as indicated at 6 to project through the apertures 2 in the frames and are secured in positioned by pinning as by pegs 7", page 1 In. 62-66; the pegs 7 are shown to be inserted without using any tool, coupling the first removable support 4 to the first and second frame portions). With respect to applicant’s remarks, note the following. There is nothing in the claims to differentiate or prevent the pegs, dowels to be moved by a persons hand. Therefore, the rejections stands. In response to claim 13, a second coupling is met by a second structure that allows coupling which can be met by any of the plurality of structures in Hopwood.
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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopwood ('108). The reference to Hopwood teaches structure substantially as claimed as discussed above. The method would have been obvious in view of the structures.
Allowable Subject Matter
Claims 2-12, 14-16 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.
Response to Arguments
Applicant's arguments filed 04 FEB 2026 have been fully considered but they are not persuasive. See remarks above in the rejections.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571 270 3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSE V CHEN/ Primary Examiner, Art Unit 3637