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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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) 1-3, 5-6 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Himolla (DE 20116145 U1).
Regarding Claim 1, Himolla teaches a footrest assembly for attachment to a chair (Shown in Fig. 8), the footrest assembly comprising a mounting frame (Fig. 8 connecting structure underneath chair shown in Fig. 8) configured to be attached to a seat portion of the chair, the mounting frame comprising a pair of brackets (Fig. 8 elements 27); a recliner frame comprising a first portion (Fig. 8 elements 31) configured to be slidably received by the pair of brackets (Transition between Fig. 7 and Fig. 8 shows the first portion being slidably received by elements 27), and a second portion configured to support a footrest (Fig. 8 element 15), the first portion pivotably connected to the second portion to define a recliner angle therebetween (Shown in Fig. 8); and an actuator assembly configured to allow adjustment of the recliner angle between the first portion and the second portion, the actuator assembly comprises a gas spring (Element 45 best shown in Fig. 4) configured to urge the second portion to an extended position, the extended position corresponding to a maximum allowable recliner angle (Shown in Fig. 8).
Regarding Claim 2, Himolla teaches the limitations set forth in Claim 1 and further discloses the pair of brackets, the first portion and the second portion form a six-bar mechanical linkage, the six-bar mechanical linkage arranged to move from a retracted position to the extended position upon actuation of the gas spring (Shown in transition between Fig. 7 and Fig. 8).
Regarding Claim 3, Himolla teaches the limitations set forth in Claim 2 and further discloses the second portion comprises means for attaching the footrest directly or indirectly to a main linkage of a linkage system of the second portion when the six-bar mechanical linkage is in the retracted state (Connection shown in Fig. 7).
Regarding Claim 5, Himolla teaches the limitations set forth in Claim 1 and further discloses the second portion comprises a support plate shaped and dimensioned to receive the footrest (Fig. 8 shows plate structures coupled to element 15 supporting the footrest).
Regarding Claim 6, Himolla teaches the limitations set forth in Claim 1 and further discloses the second portion comprises an end portion shaped and dimensioned to receive the footrest (Fig. 8 shows plate structures coupled to element 15 supporting the footrest).
Regarding Claim 10, Himolla teaches the limitations set forth in Claim 1 and further discloses each of the pair of brackets comprises a base portion and a pair of ribs extending from longitudinal opposing sides of the base portion, wherein the free end of at least one of the pair of ribs is inclined towards the free end of the other rib (Fig. 8 elements 27).
Claim(s) 13-15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Himolla (DE 20116145 U1).
Regarding Claim 13, Himolla teaches a chair comprising a seat portion and a footrest assembly installed to the seat portion, the footrest assembly comprising a mounting frame configured to be attached to the seat portion of the chair (Shown in Fig. 8), the mounting frame comprising a pair of brackets (Fig. 8 elements 27); a recliner frame comprising a first portion (Fig. 8 elements 31) configured to be slidably received by the pair of brackets (Transition between Fig. 7 and Fig. 8 shows the first portion being slidably received by elements 27), and a second portion configured to support a footrest (Fig. 8 element 15), the first portion pivotably connected to the second portion to define a recliner angle (Shown in Fig. 8); and an actuator assembly configured to allow adjustment of the recliner angle between the first portion and the second portion (Shown in the transition between Fig. 7 and Fig. 8), the actuator assembly comprises a gas spring (Element 45 best shown in Fig. 4) configured to urge the second portion to an extended position, the extended position corresponding to a maximum allowable recliner angle (Shown in Fig. 8).
Regarding Claim 14, Himolla teaches the limitations set forth in Claim 13 and further discloses the pair of brackets, the first portion and the second portion form a six-bar mechanical linkage, the six-bar mechanical linkage arranged to move from a retracted position to the extended position upon actuation of the gas spring (Shown in transition between Fig. 7 and Fig. 8), and wherein the second portion comprises means for attaching the footrest directly or indirectly to a main linkage of a linkage system of the second portion when the six-bar mechanical linkage is in the retracted state (Shown in Fig. 7).
Regarding Claim 15, Himolla teaches the limitations set forth in Claim 13 and further discloses the second portion comprises an end portion shaped and dimensioned to receive the footrest (Fig. 8 shows plate structures coupled to element 15 supporting the footrest).
Regarding Claim 17, Himolla teaches the limitations set forth in Claim 13 and further discloses each of the pair of brackets comprises a base portion and a pair of ribs extending from longitudinal opposing sides of the base portion, wherein the free end of at least one of the pair of ribs is inclined towards the free end of the other rib (Fig. 8 elements 27).
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Himolla (DE 20116145 U1).
Regarding Claim 20, Himolla teaches a method of manufacturing a footrest assembly for attachment to a chair, the method comprising a step of providing a mounting frame, the mounting frame configured to be attached to a seat portion of the chair (Shown in Fig. 8), the mounting frame comprising a pair of brackets (Fig. 8 elements 27); a step of providing a recliner frame, the recliner frame comprising a first portion (Fig. 8 elements 31) configured to be slidably received by the pair of brackets (Transition between Fig. 7 and Fig. 8 shows the first portion being slidably received by elements 27), and a second portion configured to support a footrest (Fig. 8 element 15), the first portion pivotably connected to the second portion to define a recliner angle therebetween (Shown in Fig. 8); and a step of providing an actuator assembly, the actuator assembly configured to allow adjustment of the recliner angle between the first portion and the second portion (Shown in the transition between Fig. 7 and Fig. 8), the actuator assembly comprises a gas spring (Element 45 best shown in Fig. 4) configured to urge the second portion to an extended position, the extended position corresponding to a maximum allowable recliner angle (Shown in Fig. 8).
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.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Himolla (DE 20116145 U1) in view of Wang et al. (US 20150359343 A1).
Regarding Claim 4, Himolla teaches the limitations set forth in Claim 3.
Himolla fails to explicitly teach the means for attaching comprises at least one magnet.
However, Wang teaches the means for attaching comprises at least one magnet (Fig. 4 element 71).
Himolla and Wang are considered analogous to the claimed invention as they are in the same field of chair footrest structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the footrest of Himolla to have the magnetic connection as disclosed by Wang. Doing so would provide a connection between the footrest and the second portion when in the retracted position, while allowing for an easy disconnect when transitioning to the extended position.
Allowable Subject Matter
Claims 7-9, 11-12, 16 and 18-19 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
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/E.A./Examiner, Art Unit 3644
/Nicholas McFall/Primary Examiner, Art Unit 3644