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.
Claim 13 is 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.
Claim 13 recites the limitations "the support wall" and “the second opening” in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-3, 7-10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2014-46160 (2014046160) to Kamei.
Regarding claim 1, Kamei discloses a folding chair having a back (110) rotatably connected to a seat (120) comprising: a frame having a seat portion (121) and a back portion (111), the back portion rotatable (at P2) relative to the seat portion; a first reclining mechanism (Fig.9A; located in one of the armrests 140) attached to a first side of the seat portion and a first side of the back portion; a second first reclining mechanism (Fig.9A; located in the other of the armrests 140) attached to a second side of the seat portion and a second side of the back portion; each of the first reclining mechanism and second reclining mechanism further comprising: a first cover (140) extending from a front end to a rear end, the rear end configured to be attached to the back portion of the folding chair (attached at P2, Fig.9A); a tension spring (144) attached to the rear end of the first cover (@ P2); and a support member (P1) attached to a portion of the frame and the tension spring (Fig.9B), wherein the first cover moves along a portion of the support member between a first position and a second position (Fig.9A; solid and dotted lines).
Regarding claim 2, each of the first reclining mechanism and second reclining mechanism further comprising: a stop wall (at 141W, Fig.9B) attached to an inside of the first cover; and a mechanical stop (P1t) fixed to the support member, the engagement of the stop wall with the mechanical stop limits movement of the first cover and the back portion of the chair (Fig.9B).
Regarding claim 3, wherein the first position is an upright position (Fig.3) and the second position is a reclining position (Y3, Fig.3).
Regarding claim 7, wherein the folding chair is a beach chair (Fig.3).
Regarding claim 8, Kamei discloses a reclining mechanism for a folding chair, the folding chair having a frame (111, 121), the reclining mechanism comprising: a first cover (140) extending from a front end to a rear end, the rear end configured to be attached to a back portion of the folding chair (attached at P2); a tension spring (144) attached to the rear end of the first cover (@ P2); and a support member (P1) attached to a portion of the frame and the tension spring (Fig.9B), wherein the first cover moves along a portion of the support member between a first position and a second position (Fig.9A).
Regarding claim 9, further comprising: a stop wall (at 141W, Fig.9B) attached to an inside of the first cover; and a mechanical stop (P1t) fixed to the support member, the engagement of the stop wall with the mechanical stop limits movement of the first cover and the back portion of the chair (Fig.9B).
Regarding claim 10, wherein the first position is an upright position (Fig.3) and the second position is a reclining position (Y3, Fig.3).
Regarding claim 14, two of the reclining mechanisms are attached to a folding chair (located in each arm rest), wherein the folding chair is one of a beach chair (Fig.3).
Allowable Subject Matter
Claims 15-18 are allowed.
Claims 4-6, 11, and 12 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 of record fails to disclose reclining mechanisms having all of the claimed components in combination as well as a second cover extending from the rear of the first cover forward to seal the mechanism within.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635