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.
Claims 1-20 are 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.
Regarding claims 1 and 19, the phrase "selectively closing the support arm into" (in lines 5 and 6 respectively) renders the claim indefinite because it fails to clearly and distinctly define the structure of the support arms as it pertains to the claimed “enclosure”. In light of the specification (¶ [0076]), each support arm comprises inter alia a cap (160) that can be selectively closed such that each support arm forms an enclosure. The phrase however improperly sets forth that the support arm is disposed inside (“into”) an enclosure, and not that the closed support arm forms the enclosure (i.e., the enclosure is inside the support arm).
Claim 19 recites the limitation "the at least one end-of-course surface" in the fourth paragraph. There is insufficient antecedent basis for this limitation in the claim.
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, 6, 9-15 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olarte (US 9295334).
Claims 1 and 19, Olarte discloses a chair (figs. 4-6) comprising a chair structure comprising a pair of enclosures (defined within housing pair 202), a seat (401) and an assembly for mounting the seat to the chair structure, the assembly comprising:
support arms (200, 602) for mounting the seat (401) thereto (fig. 6), each one of the support arms comprising a cap (204) movable between an opened position (fig. 2B) and a closing position (fig. 2A) for selectively closing the support arm to form one of the enclosures;
a pair of pivoting assemblies (100) mounted to the seat (figs. 3-6) and extending along a pivot axis (304) on opposite sides of the seat, each one of the pivoting assemblies comprising a) a link arm (shaft 101), and b) a cam component (race member 106) coupled to the link arm distant from the seat (figs. 3-4),
wherein the cam component (106) is adapted to rotate around the pivot axis (304) along with the seat (figs. 4-6), with the cam component (106) having its rotation being limited in both directions by abutting against at least one end-of-course surface (defined by stop pair 214, 216, col. 8: 12-38),
wherein, when the caps (204) are in the opened position, each one of the support arms features a path (206) for inserting the cam component into the enclosure (fig. 2B), and
wherein, when the caps are in the closing position, the cam components are locked into the enclosure with the link arms extending between the seat and the enclosure (figs. 3-5, 9).
Claim 6- Olarte discloses the assembly of claim 1, wherein the at least one end-of-course surface is located in the enclosure distant from the cap (figs. 2A & 9 show the stops 214/1008, 216/1010 are set apart from the cap).
Claim 9- Olarte discloses the assembly of claim 1, wherein the cam component provides flat abutting faces (fig. 13 shows the cam component 106 formed with a pair of bar-shaped arms 1310, 1312 having non-designated lateral surfaces), and wherein the at least one end-of-course surface is flat (figs. 16-17 show the pair of stops 1414, 1416 include an additional pair of stops 1426, 1428 defining flat surfaces), and wherein the abutting faces are designed to abut over a substantial portion of its surface against the at least one end-of-course surface (figs. 16-17).
Claim 10- Olarte discloses the assembly of claim 1, further comprising blocks (214, 216) having at least one face providing an end-of-course surface (the stops are arcuate blocks defining curved faces that provide the claimed surface).
Claim 11- Olarte discloses the assembly of claim 10, wherein the blocks (214, 216) comprise compressible material (col. 7: 11-20) able to damper movement of the cam component when abutting the block (col. 8: 12-38).
Claim 12- Olarte discloses the assembly of claim 10, wherein the blocks (214/1414, 216/1416, 1426, 1428) being designed to be abutted about simultaneously by abutting faces of the cam component located on opposed wings (figs. 16-17 show the cam component 106 includes a pair of opposing arms 1310, 1312 that each have a lateral surface abutting a corresponding one of the blocks simultaneously, the blocks comprising arcuate and planar abutting surfaces), the blocks providing distributed couple over the cam component (col. 14: 10-19).
Claim 13- Olarte discloses the assembly of claim 10, wherein the block (214/1414, 216/1416) comprises a first face (not designated) designed for the cam component to abut against (figs. 15-17), and a second face (not designated) opposed to the first face, wherein clearance of a length at least equivalent to space between the first face and the second face is present aside the second face (the recess adjacent to the second face, configured to engage the attaching lug of the second face, is sufficient to meet the limitation “clearance”).
Claim 14- Olarte discloses the assembly of claim 1, wherein the support arms (200) comprise a trim (302) removably mounted to a side plate part (306) of the support arm (figs. 2B-3).
Claim 15- Olarte discloses the assembly of claim 1, wherein the support arm further comprises a side plate (306) featuring a recess (not designated, fig. 2B) designed for a lug (218) located in the cap to be inserted in the recess to lock the cap into the closing position (fig. 2A).
Claim 17- Olarte discloses the assembly of claim 1, wherein the cam component (106) comprises a pair of abutting faces (lateral surfaces defined by arm 812, figs. 8-10) extending parallel to each other parallel and equidistant to a plane coplanar with the pivot axis (fig. 8).
Claim 18- Olarte discloses the assembly of claim 1, wherein the cam component (106) is non-rotatably secured to the link arm (fig. 1).
Allowable Subject Matter
Claims 2-5, 7-8, 16 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 2 and 20- Olarte discloses the assembly of claim 1, wherein the cam component (204) comprises a first pair of abutting faces (not designated) extending tangentially to a first circle of a first diameter centered on the pivot axis (fig. 16 shows a pair of arms 1310, 1312 that each have a pair of faces that alternatively abut stops 1414/1416 and additional stops 1426/1428 respectively), and a second pair of abutting faces (not designated) extending tangentially to a second circle of a second diameter centered on the pivot axis, wherein the first diameter is smaller than the second diameter.
Claim 16- Olarte discloses the assembly of claim 1, wherein the support arm (200) further comprises a pair of side plates (302, 306), wherein the enclosure is designed to simultaneously receive a first cam component of the seat and a second cam assembly of another seat each coupled to respective link arm, with the respective link arms extending in opposed direction between a) the enclosure and the seat, and b) the enclosure and the other seat.
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