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 9 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 9 recites the limitation "the cover adapted to protect an outer surface of the cover" in lines 2-3. This limitation is confusing because it is sets forth that a function of the cover is to protect itself, as if the cover was a mechanical device rather than a material.
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 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ledford (US 5620229).
Claim 1- Ledford discloses a lounge chair assembly comprising:
a lounge chair (lounge structure A) including: a frame having longitudinal frame members (figs. 1-2 show the longitudinal members under the corresponding longitudinal edges of the cover top 8), lateral frame members (figs. 1 and 5 show the transverse frame members at the ends of the chair portions B, C, & D) extended between the longitudinal frame members, and legs (folding legs E, F) connected to the frame members (figs. 1, 5), and a main seat (defined by center portion D and second folding portion C) and a backrest (defined by first folding portion B) supported by the frame (fig. 2), the main seat and the backrest together define a supporting outer surface of the lounge chair (the portions comprise a plurality of transverse straps, col. 1: 40-42); and
a cover for protecting the supporting outer surface, the cover including: a body (comprising continuous layer 12, 14, 24) made of a weather-resistant material (col. 3: 18-27) having a perimeter sized and shaped substantially similar to an outer perimeter of the outer surface (figs. 2, 5), and at least one end flap (bottom layers 16, 18) extended outwardly from the body, wherein the at least one end flap is configured for releasable engagement to the lounge chair for holding the cover to the lounge chair (col. 3: 4-11, 2: 56-67).
Claim 2- Ledford discloses the lounge chair assembly of claim 1, wherein the at least one end flap is sized and shaped to conform against one of an end portion of the main seat and an end portion of the backrest during securement of the cover (figs. 2 & 5, the bottom layer/ “flap” 18 conforms with the end portion C of the main seat).
Claim 13- Ledford discloses the lounge chair assembly of claim 1, wherein a pocket (head end 2) is provided at a front-end portion of the cover (fig. 1, the bottom layer/ “flap” 16 is coupled to the body layer 12 to form the pocket), the pocket sized to receive the backrest.
Claim 14- Ledford discloses a cover for protecting the supporting outer surface of a lounge chair (lounge structure A), the lounge chair includes a frame having longitudinal frame members (figs. 1-2 show the longitudinal members under the corresponding longitudinal edges of the cover top 8) and lateral frame members (figs. 1 and 5 show the transverse frame members at the ends of the chair portions B, C, & D), a main seat (defined by center portion D and second folding portion C) and a backrest (defined by first folding portion B) supported by the frame (fig. 2) and together define a supporting outer surface (the portions comprise a plurality of transverse straps, col. 1: 40-42), the cover comprising:
a body (comprising continuous layer 12, 14, 24) made of a weather-resistant material (col. 3: 18-27) having a perimeter sized and shaped substantially similar to an outer perimeter of the outer surface (figs. 2, 5); and
first and second end flaps (bottom layers 16, 18) extended outwardly from the body, wherein each end flap is configured for releasable engagement to the lounge chair for holding the cover to the lounge chair (col. 3: 4-11, 2: 56-67).
Claim 15- Ledford discloses the cover of claim 14, wherein at least one of the end flaps includes a support panel which is sized and shaped to conform against an end portion of the frame of the lounge chair during securement of the cover (figs. 4-5, the bottom layer/ “end flap” 18 includes the rectangular structure of a support panel that conforms to the frame portion C in a securing manner).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledford in view of Jensen (US 2017/0360214).
Claim 8- Ledford discloses the lounge chair assembly of claim 2, wherein the at least one end flap is adapted to fold under the supporting outer surface,
Ledford does not teach the at least one end flap is magnetically attached to supporting outer surface, wherein the body of the cover includes a metallic strip and the at least one end flap includes at least one magnet.
Jensen discloses a towel in the field of lounge chair assemblies (figs. 2A-2C) comprising a body having a perimeter sized and shaped substantially similar to an outer perimeter of a lounge chair for protecting the supporting outer surface of the chair, and at least one end flap (fig. 2C) configured for releasable engagement to the lounge chair, and including a coupling mechanism (240); wherein Jensen teaches the at least one end flap is magnetically attached to supporting outer surface (¶ [0041]), wherein the body of the cover includes a metallic strip and the at least one end flap includes at least one magnet (¶ [0068]- [0069]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Ledford with flap magnetic attachment, as taught by Jensen, in order to ensure securement of the flap to a lounge chair.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledford in view of Lee (US 4877288).
Claim 9 (as best understood)- Ledford discloses the lounge chair assembly of claim 2, wherein the cover is adapted to be water-repellant (col. 3: 24-26) to protect the supporting outer surface of the chair.
The difference between Ledford and the instant claim is Ledford does not teach the assembly including a removable cushion for placement on the supporting outer surface, and releasably hold the cushion atop the supporting outer surface.
Lee discloses a cover (10) in the field of lounge chair assemblies, wherein the chair (12) includes a removable cushion (inflatable pillow, not designated) for placement on the supporting outer surface (col. 3: 35-43), wherein the cover is adapted to protect the supporting outer surface of the chair (fig. 3) and releasably hold the cushion atop the supporting outer surface (via the pocket 79, wherein the pocket is preferably formed in the inner face 46).
Lee teaches that it is suitable to include a removable cushion with the chair in order to provide a selective head support for user comfort.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Ledford to include a removable cushion, as taught by Lee, in order to provide a head support for selective use by the chair occupant.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledford in view of Restrepo (US 9307840).
Claim 10- Ledford discloses the lounge chair assembly of claim 1, wherein the frame receives the cover in an unfolded state.
Ledford does not teach wherein the frame defines a storage area sized to receive the cover in a folded state.
Restrepo discloses a lounge chair assembly comprising a frame having longitudinal frame members (not designated, figs. 1-2 show the longitudinal members), lateral frame members extended between the longitudinal frame members (not designated, figs. 2-3 show the transverse frame members at the ends of the support portion 3), and legs (15A, 15B) connected to the frame members, and a main seat (2) and a backrest (3) supported by the frame (fig. 1), the main seat and the backrest together define a supporting outer surface of the lounge chair (the portions comprise a plurality of transverse straps, fig. 1); wherein the frame defines a storage area (16) sized to receive the various items of the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Ledford with a storage area, as taught by Restrepo, in order to provide a means of storing user belongings during use of the assembly.
As a result of the modification, the assembly of Ledford and Restrepo would obviously include a frame that defines a storage area sized to receive the cover in a folded state.
Claim 11- Ledford and Restrepo teach the lounge chair assembly of claim 10, wherein the storage area taught by Restrepo is defined by an inner panel (housing 16 perimeter wall 22) secured to at least two of lateral frame members of the frame (of the seat section 2).
Claim 12- Ledford and Restrepo teach the lounge chair assembly of claim 10, wherein the main seat (2) taught by Restrepo further defines the storage area (fig. 3), and an outermost lateral frame member of the frame and the main seat define an entrance to the storage area (via defining an access door to the storage, fig. 3).
Allowable Subject Matter
Claims 3-7 and 16-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636