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 .
Response to Amendments
The amendment filed December 22nd, 2025 has been entered. Claims 1-2 and 4-19 remain pending in the application. Applicant’s amendments to the claims have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed September 19th, 2025.
Claim Rejections - 35 USC § 103
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 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) 1-2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grout (US 2008/0157641) in view of Dietz (US 2007/0163511), Brown (US 2023/0117693) and Lee et al. (US 2004/0246341).
Regarding claim 1, Grout ‘641 teaches (figures 1-8) a chair vivarium device/seating and storage unit comprising:
a frame comprised of a seat/lid (Para 0030, claim 1; seating and storage unit has a frame which shapes the seating and storage unit);
an enclosure/storage unit positioned below the seat/lid (clearly seen in figure below);
a light source (Para 00032);
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but it is silent about the chair vivarium device comprising:
a latch that secures the seat to the frame.
Dietz ‘511 teaches (figures 13-17) the multiple function animal furniture piece (5) comprising a top side (10) with a door/seat (115) wherein the door/seat (115) comprises a latching mechanism (120) by which the door/seat (115) is secured to top side (10) (Para 0044).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grout ‘641 to incorporate the teachings of Dietz ‘511 to configure the chair vivarium device comprising:
a latch that secures the seat to the frame.
One of ordinary skill in art would recognize that doing so would prevent the seat from movement (Para 0044).
Modified Grout ‘641 is silent about the chair vivarium device comprising:
a battery.
Brown ‘693 teaches a light component operated by a battery and does not require an electrical outlet (Para 0022).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Brown ‘693 to configure the chair vivarium device comprising:
a battery.
One of ordinary skill in art would recognize that doing so would provide flexibility to move around the chair vivarium.
Modified Grout ‘641 is silent about the chair vivarium device comprising:
a battery comprising a charging port.
Lee et al. ‘341 teaches a battery charger using a USB port installed in a portable electronic device, which is connected to a computer by a USB port and can charge a variety of batteries by receiving power from the computer by the USB connection, (Para 0010).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Lee et al. ‘341 to configure the chair vivarium device comprising:
a battery comprising a charging port.
One of ordinary skill in art would recognize that doing so would enable to charge the battery, as needed.
Regarding claim 2, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device of claim 1 but it is silent about the chair vivarium device wherein the seat attaches to the frame via a hinge.
Grout ‘641 further teaches (figure 1) the central storage unit with a fold-out work space wherein the fold-out workspace is stored and locked in either the up or down position and mounted to the central storage unit with a hinge (Para 0029).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to configure the chair vivarium device wherein the seat attaches to the frame via a hinge.
One of ordinary skill in art would recognize that doing so would put the seat together with the frame all the time.
Regarding claim 4, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the enclosure is comprised of a transparent material (Para 0032).
Regarding claim 5, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the light source is positioned within the enclosure (Para 0032).
Claims 6, 9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grout (US 2008/0157641) in view of O’Quinn et al. (US 5,727,844), Brown (US 2023/0117693) and Laherty et al. (US 2016/0037613).
Regarding claim 6, Grout ‘641 teaches (figures 1-8) a chair vivarium device/seating and storage unit comprising:
a frame comprised of a seat/lid, a first leg and a second leg (clearly shown in the figure above) (Para 0030, claim 1; seating and storage unit has a frame which shapes the seating and storage unit);
an enclosure/storage unit positioned below the seat/lid and between the first leg and the second leg (clearly seen in figure above);
a light source (Para 00032);
but it is silent about the chair vivarium device comprising:
a clasp that secures the seat to the frame.
O’Quinn et al. ‘844 teaches (figure 1) a cooler and seat system (10) comprising a first lid/seat (38) wherein the clasp (60) locks first lid/seat (64) firmly in position (Col. 4 Lines 4, 40-44).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grout ‘641 to incorporate the teachings of O’Quinn et al. ‘844 to configure the chair vivarium device comprising:
a clasp that secures the seat to the frame.
One of ordinary skill in art would recognize that doing so would locks the seat firmly in position (Col. 4 Line 44).
Modified Grout ‘641 is silent about the chair vivarium device comprising:
a battery.
Brown ‘693 teaches a light component operated by a battery and does not require an electrical outlet (Para 0022).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Brown ‘693 to configure the chair vivarium device comprising:
a battery.
One of ordinary skill in art would recognize that doing so would provide flexibility to move around the chair vivarium.
Modified Grout ‘641 is silent about the chair vivarium device wherein the light source comprises a control button configured to change brightness level of the light source.
Laherty et al. ‘613 teaches a lighting control system which accepts user lightning commands, generates controls in accordance with the predetermined operating policies and directs light fixtures to produce brightness, color or directional pattern of the light emitted by the light fixtures (Para 0053; user input user lightning commands via control button).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Laherty et al. ‘613 to configure the chair vivarium device wherein the light source comprises a control button configured to change brightness level of the light source.
One of ordinary skill in art would recognize that doing so would enable to control the light intensity in the chair vivarium device.
Regarding claim 9, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device of claim 6 but it is silent about the chair vivarium device wherein the light source is positioned on a bottom surface of the seat.
However, the Examiner takes Official Notice that it is well known in the art to position the light on the top/ceiling portion of the enclosure. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to configure the chair vivarium device wherein the light source is positioned on a bottom surface of the seat.
One of ordinary skill in art would recognize that doing so would improve illumination by reducing shadows.
Regarding claim 11, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device further comprised of an organic material/plant positioned inside the enclosure (Para 0008).
Regarding claim 12, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device further comprised of an inorganic material/personal memorabilia positioned inside the enclosure (Para 0008).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grout (US 2008/0157641), O’Quinn et al. (US 5,727,844), Brown (US 2023/0117693) and Laherty et al. (US 2016/0037613) as applied to claim 6 above, and further in view of fpsbutest (NPL).
Regarding claims 7-8, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device of claim 6 but it is silent about the chair vivarium device wherein the enclosure is comprised of a water filter, and
wherein the enclosure is comprised of a drain.
fpsbutest (NPL) teaches an aquarium sofa with a tank/enclosure beneath each arm rest/seat (Pg. 2). It is also well known in the art to have water filter for filtering water and drain system for changing water in the aquarium.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of fpsbutest (NPL) to configure the chair vivarium device wherein the enclosure comprises an aquarium. This results in the chair vivarium device wherein the enclosure is comprised of a water filter, and
wherein the enclosure is comprised of a drain.
One of ordinary skill in art would recognize that doing so would enhances ambience around the chair..
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grout (US 2008/0157641), O’Quinn et al. (US 5,727,844), Brown (US 2023/0117693) and Laherty et al. (US 2016/0037613) as applied to claim 6 above, and further in view of Siao (US 2024/0148150).
Regarding claim 10, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device of claim 6 but it is silent about the chair vivarium device wherein the seat is comprised of a handle.
Siao ‘150 teaches (figures 1-16) a multi-purpose folding chair (10) comprising a seat plate (104) wherein the seat plate (104) comprises a first supporting plate (1043) and the second supporting plate (1044) with a handle hole (1047) (Para 0055).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Siao ‘150 to configure the chair vivarium device wherein the seat is comprised of a handle.
One of ordinary skill in art would recognize that doing so would enable to easily actuate the seat.
Claims 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grout (US 2008/0157641) in view of Brown (US 2023/0117693), O’Quinn et al. (US 5,727,844), Lee et al. (US 2004/0246341) and Laherty et al. (US 2016/0037613).
Regarding claim 13, Grout ‘641 teaches (figures 1-8) a chair vivarium device/seating and storage unit comprising:
a frame comprised of a seat/lid (Para 0030, claim 1; seating and storage unit has a frame which shapes the seating and storage unit);
an enclosure/storage unit positioned below the seat/lid (clearly seen in figure above);
a light source (Para 00032);
but it is silent about the chair vivarium device comprising:
a frame comprised of a backrest; and
a battery.
Brown ‘693 teaches (figure 1) a prayer station device (100) for sitting or kneeling comprising a housing component (102) with a chair component/seat (104) and a front wall/back rest (108) (Para 0039-0040; a front wall/back rest supports user’s back in a sitting position). Brown ‘693 further teaches a light component operated by a battery and does not require an electrical outlet (Para 0022)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grout ‘641 to incorporate the teachings of Brown ‘693 to configure the chair vivarium device comprising:
a frame comprised of a backrest; and
a battery.
One of ordinary skill in art would recognize that doing so would support user’s back when seated and provide flexibility to move around the chair vivarium.
Modified Grout ‘641 is silent about the chair vivarium device comprising:
a clasp lock that secures the seat to the frame.
O’Quinn et al. ‘844 teaches (figure 1) a cooler and seat system (10) comprising a first lid/seat (38) wherein the clasp (60) locks first lid/seat (64) firmly in position (Col. 4 Lines 4, 40-44).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of O’Quinn et al. ‘844 to configure the chair vivarium device comprising:
a clasp lock that secures the seat to the frame.
One of ordinary skill in art would recognize that doing so would locks the seat firmly in position (Col. 4 Line 44).
Modified Grout ‘641 is silent about the chair vivarium device comprising:
a battery comprising a charging port.
Lee et al. ‘341 teaches a battery charger using a USB port installed in a portable electronic device, which is connected to a computer by a USB port and can charge a variety of batteries by receiving power from the computer by the USB connection, (Para 0010).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Lee et al. ‘341 to configure the chair vivarium device comprising:
a battery comprising a charging port.
One of ordinary skill in art would recognize that doing so would enable to charge the battery, as needed.
Modified Grout ‘641 is silent about the chair vivarium device wherein the light source comprises a control button configured to change brightness level, a color, and an illumination pattern of the light source.
Laherty et al. ‘613 teaches a lighting control system which accepts user lightning commands, generates controls in accordance with the predetermined operating policies and directs light fixtures to produce brightness, color or directional pattern of the light emitted by the light fixtures (Para 0053; user input user lightning commands via control button).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Grout ‘641 to incorporate the teachings of Laherty et al. ‘613 to configure the chair vivarium device wherein the light source comprises a control button configured to change brightness level, a color, and an illumination pattern of the light source.
One of ordinary skill in art would recognize that doing so would enable to control the light intensity in the chair vivarium device.
Regarding claim 14, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the frame is comprised of a first leg and a second leg (clearly shown in the figure above).
Regarding claim 15, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the enclosure is positioned between the first leg and the second leg (clearly shown in the figure above).
Regarding claim 16, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the light source is further comprised of a warming function (light from light source heats up the surrounding).
Regarding claim 17, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the enclosure is insulated (enclosure encloses the storage unit and provide some degree of insulation).
Regarding claim 18, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the enclosure is comprised of a side wall (clearly shown in the figure above).
Regarding claim 19, modified Grout ‘641 teaches (figures 1-8) the chair vivarium device wherein the enclosure is comprised of a bottom wall (clearly shown in the figure above).
Response to Arguments
Applicant’s arguments, filed December 22nd, 2025, with respect to the amended independent claims 1, 6 and 13 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as explained in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
/ASHESH DANGOL/Primary Examiner, Art Unit 3642