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 .
Election/Restrictions
Applicant’s election without traverse of Species I and Subspecies A in the reply filed on 1/16/2026 is acknowledged.
Of claims 1-34, Examiner notes the following claims were canceled in the 6/17/2024 claim set and remain canceled: 18-28, 31, 33-34.
Applicant withdraws the following claims without traverse in the 1/6/2026 reply: 3-8, 10, and 15-17.
Claims 1-2, 9, 11-14, 29-30 and 32 are examined here within.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to clearly identify “at least one curved slat member “ of claim 32 , specifically in elected species/sub-species, as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The claims (9 and 29) are objected to for minor informalities, for example claim 9 reads as a method claim instead of the limitation of an apparatus; and claim 29 attempts to further limit the invention referencing an element that is not required by the claim. An amendment to clearly reflect the intended use of the unrequired element would clarify the claim.
Suggested corrections, to enhance claim clarity, are noted in claims reproduced in the rejection section below, the suggestions are indicated via strike-through and underline. Correction/clarification is suggested.
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.
Claims 1-2, 9, 11-14, 29-30 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walters (US 3,999,801).
Regarding claim 1, Walters discloses a frameless furniture movement assembly for moving a frameless furniture assembly (FIG. 1 is a perspective view of the seating APPARATUS of the present invention and illustrating, in phantom, a body cushion contained therein), the frameless furniture movement assembly comprising:
a receiving body that accommodates the frameless furniture assembly and limits decoupling of the frameless furniture assembly from the receiving body in at least one of a first direction and a second direction transverse to the first direction (“shell B including pedestal 22 integral therewith”); and
a movement assembly operatively coupled to the receiving body to move the receiving body in the first direction (BASE 40).
Regarding claim 2, Walters discloses the frameless furniture movement assembly of claim 1, wherein the movement assembly comprises at least two rails mounted to the receiving body (ROCKERS SECTIONS 42 via sockets 34).
Regarding claim 9, Walters discloses the frameless furniture movement assembly of claim 1, wherein movement of the receiving body is configured to move
Regarding claim 11, Walters discloses the frameless furniture movement assembly of claim 1, wherein the movement assembly comprises at least one bearing surface forming a surface of a member configured to support the receiving body (support member 46).
Regarding claim 12, Walters discloses a frameless furniture moving system (Fig. 1) comprising:
a frameless furniture assembly (comprising a cover and an insert disposed within the cover (body cushion C – shown in phantom in Fig. 1; comprising the cushion cover detailed in col. 2, lines 21-24) and a frameless furniture moving assembly (Fig. 1) comprising:
a receiving body that accommodates the frameless furniture assembly and limits decoupling of the frameless furniture assembly from the receiving body in at least one of a first direction and a second direction transverse to the first direction (“shell B including pedestal 22 integral therewith”); and
a movement assembly operatively coupled to the receiving body to move the receiving body in the first direction (BASE 40).
Regarding claim 13, Walters discloses the frameless furniture moving system of claim 12, wherein the movement assembly comprises at least two rails mounted to the receiving body (ROCKERS SECTIONS 42 via sockets 34).
Regarding claim 14, Walters discloses the frameless furniture moving system of claim 13, wherein the receiving body is detachable from the movement assembly (via sockets 34 and socket posts 48, Figs.3 and 5).
Regarding claim 29, Walters discloses a frameless furniture movement assembly for moving a frameless furniture assembly (Fig. 1), the frameless furniture movement assembly comprising:
a frameless furniture support that is configured to accommodate prevent
a movement assembly configured to move the frameless furniture support in the first direction (40 or 36; via 34).
Regarding claim 30, Walters discloses the frameless furniture movement assembly of claim 29, wherein the movement assembly comprises a portion of the frameless furniture support (at least 22 comprising 34).
Regarding claim 32, Walters discloses the frameless furniture movement assembly of claim 29, wherein the frameless furniture support comprises at least one curved slat member (bottom portion 11, Fig. 1; and alternatively rocker section 42 via 48 and 34).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shamhammer et al. (US 3,899,210) teaches a "bean-bag" and a supporting structure adapted to maintain the bean-bag above the floor at a level which is normal for sitting.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNA DANIELLE GLOVER whose telephone number is (571)272-8861. The examiner can normally be reached Monday - Friday 7:00 -4:30, see teams for updates.
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/Shanna Danielle Glover/Examiner, Art Unit 3642