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 .
Claim Objections
Claims 4 and 13 is objected to because of the following informalities:
Claim 4 recites “a kickstand pivotable connected” and should be amended to recite “a kickstand pivotabl[[e]]y connected”;
Claim 13, lines 10-11, recite “a right arm rest operatively connected the back assembly” and should be amended to recite “a right arm rest operatively connected to the back assembly”; and
Claim 13, line 12, recites “a kickstand pivotable connected” and should be amended to recite “a kickstand pivotabl[[e]]y connected”;
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Whitt et al. (US 2017/0238719 A1), hereinafter Whitt.
Regarding claim 1, Whitt discloses a portable chair comprising:
a base assembly comprising a base frame (first backing 117, fig. 2. See also Para. [0018], “the first bac king 117 is a flat rigid structure that is formed from plastic or metal; fig. 2) and a seat cushion (seat cushion 111, fig. 1) fit to the base frame (seat cushion 111 is a commercially available pad that is attached to the first backing 117”; fig. 1);
a back assembly (seat backing 118, fig. 1) operatively connected to the base assembly (fig. 1);
a first set of front clamps (second webbing 122 and fourth webbing 124, figs. 1 & 2) operatively connected to the base assembly in an operative position configured to extend downwardly therefrom to secure the portable chair to a front of a surface (Para. [0026], “the first webbing 121, the second webbing 122, the third webbing 123 and the fourth webbing 124 are wrapped around the bleacher or stadium seat 151 and are secured by inserting the male connector of the first buckle 125 into the female connector of the first buckle 125 and by inserting the male connector of the second buckle 126 into the female connector of the second buckle 126”; figs. 1 & 5) and in a stowed position positioned underneath the base assembly (Examiner notes, in a stowed position the male connector of the first buckle 125 and second buckle 126 is inserted into the female connector of the first buckle 125 and second buckle 126, respectively, and the webbing straps can further be tightened via slider 127, 128 such that the first set of front clamps [i.e., second webbing 122 and fourth webbing 124] are positioned underneath the base assembly); and
a set of back clamps (first webbing 121 and third webbing 123, figs. 1 & 2) operatively connected to the base assembly and in an operative position configured to extend downwardly therefrom to further secure the portable chair to a back of the surface (Para. [0026], “the first webbing 121, the second webbing 122, the third webbing 123 and the fourth webbing 124 are wrapped around the bleacher or stadium seat 151 and are secured by inserting the male connector of the first buckle 125 into the female connector of the first buckle 125 and by inserting the male connector of the second buckle 126 into the female connector of the second buckle 126”; figs. 1 & 5) and in a stowed position positioned underneath the base assembly (Examiner notes, in a stowed position the male connector of the first buckle 125 and second buckle 126 is inserted into the female connector of the first buckle 125 and second buckle 126, respectively, and the webbing straps can further be tightened via slider 127, 128 such that the first set of back clamps [i.e., first webbing 121 and third webbing 123] are positioned underneath the base assembly).
Regarding claim 5, Whitt discloses the invention in claim 1, and further discloses further comprising a plurality of pockets inset in the base assembly (Para. [0019], “the mesh bag 115 is attached to the first backing 117 to accommodate the storage of objects; fig. 1).
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt as applied to claim 1 above, and further in view of Davis (US 2024/0341480 A1).
Regarding claim 2, Whitt discloses the invention in claim 1, but does not appear to specifically disclose a second set of front clamps sized differently than the first set of front clamps and in an operative position configured to extend downwardly from the base assembly to secure the portable chair to the front of the surface and in a stowed position positioned underneath the base assembly.
However, Davis is in the field of a portable chair and teaches a set of front clamps (brackets 10, 12; fig. 1) in an operative position configured to extend downwardly from the base assembly to secure the portable chair to the front of the surface (Para. [0035], “[t]he spectator preferably folds down brackets 10, 12 and hooks them on the front edge of the bench, bleacher, or plank where the spectator wishes to sit comfortably”; as shown in figs. 1 & 10) and in a stowed position positioned underneath the base assembly (as shown in fig. 7, the bracket 10, 12 are folded against the seat section 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base assembly of Whitt such that there was an additional front clamp connected to the base assembly as taught by Davis, in order to provide additional support and backup when mounting the chair. Furthermore, adding more clamps would provide additional safety since it would ensure that the chair will not move once secured to the seating structure.
Regarding claim 3, Whitt discloses the invention in claim 1, but does not appear to specifically disclose comprising a left arm rest operatively connected to the back assembly and a right arm rest pivotably connected the back assembly.
However, Davis is in the field of a portable chair (Abstract) and teaches a left arm rest operatively connected to the back assembly and a right arm rest pivotably connected the back assembly (each of the upper armrests 6a are connected to the back support 4 via the armrest joint 48; as shown in fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that there was a left arm rest and a right arm rest pivotably connected to the back assembly as taught by Davis, in order to provide additional comfort for the chair’s user (Davis: Abstract).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt as applied to claim 1 above, and further in view of Adams (US 1162540 A).
Regarding claim 4, Whitt discloses the invention in claim 1, but does not appear to specifically disclose a kickstand pivotable connected to the back assembly and configured to support the portable chair when the kickstand is pivoted away from the back assembly.
However, Adams is in the field of portable chairs (fig. 1) and teaches a kickstand (Col. 1, lines 47-52, “[t]o this main frame is pivoted a rear or brace frame consisting of a pair of bars 4, hinged or pivoted at their upper ends to the extended ends 5 of the cross rod 2, and connected adjacent their lower ends by a cross bar or rod 6”; fig. 1) pivotable connect to the back assembly and configured to support the portable chair when the kickstand is pivoted away from the back assembly (as shown in fig. 1, the pair of bars 4 that are part of the rear frame [i.e., the kickstand] are pivotably connected to the backing section 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that there was a kickstand pivotably connected to the back assembly as taught by Adams, in order to provide proper support to the back (Adams: Col. 2, lines 89-93).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt as applied to claim 1 above, and further in view of Holland (US 2021/0368990 A1).
Regarding claim 6, Whitt discloses the invention in claim 1, but does not appear to specifically disclose further comprising a canopy comprising a plurality of rims and a covering.
However, Holland is in the field of collapsible canopies (Abstract) and teaches a canopy comprising a plurality of rims (see support pieces 106, 108; fig. 3) and a covering (sheet of material 104, fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that the chair included a collapsable canopy as taught by Holland, in order to “provide shade to whomever is sitting in the chair” (Holand: Para. [0036]).
Regarding claim 7, Whitt in view of Holland discloses the invention in claim 6, and Holland further discloses further comprising a first clamp assembly and a second clamp assembly (as shown in fig. 2, each of the first and second ends 110, 112 comprises an attachment mechanism 140) for securing opposite sides of the canopy to the back assembly (as shown in fig. 10).
Regarding claim 8, Whitt in view of Holland discloses the invention in claim 7, and Holland further discloses wherein each of the first clamp assembly and the second clamp assembly comprises a jaw claw lock handle (see attachment mechanism 140 in figs. 2 & 5) and a knob attached to a threaded stud (see the rotatable piece 130 on each end of the first and second adjustment mechanism 120, 122, as shown in figs. 2 & 5).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt in view of Davis as applied to claim 3 above, and further in view of Frost (US 2021/0331804 A1).
Regarding claim 9, Whitt in view of Davis discloses the invention in claim 3, and further discloses a left arm rest and a right arm rest (as modified above in claim 3), but is silent regarding a tray assembly for attaching to the left arm rest and the right arm rest.
However, Frost is in the field of a seat including a tray table (Abstract) and teaches a tray assembly for attaching to the left arm rest and the right arm rest (Para. [0045], “tray tables 118a-b may each be connected to the armrest 110b; as shown in fig. 4c, tray table 118a and 118b is attached to each armrest).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the left and right armrest of modified Whitt such that there was a tray assembly for attaching to the armrest as taught by Frost, for convenience purposes.
Regarding claim 10, Whitt in view of Davis and Frost discloses the invention in claim 9, and Frost further discloses wherein the tray assembly includes a left side and a right side separated from the left side (Frost: as modified above in claim 9, tray table 118a and tray table 118b are separated from one another) and wherein both of the left side and the right side comprise a cushion overlaying a protective surface (Frost: Para. [0013], “[e]ach tray table is partially padded on its underside to provide shoulder support to the occupying passenger when in the stowed configuration; as shown in fig. 4c”).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt in view of Davis and Frost as applied to claim 10 above, and further in view of Givens (US 2010/0015882 A1).
Regarding claim 11, Whitt in view of Davis and Frost discloses the invention in claim 10, but does not appear to specifically disclose a carrying strap operatively connected to the tray assembly.
However, Givens is in the field of a portable table (Abstract) and teaches a carrying strap operatively connected to the tray assembly (Para. [0073], the portably play table has a strap 400 fixedly attached to the table portion 200; as shown in figs. 2 & 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tray assembly of modified Whitt such that a carrying strap was operatively connected to the tray as taught by Givens, in order to provide a carrying strap when the table is not in use (Givens: Para. [0030]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt as applied to claim 1 above, and further in view of Bulger (US 2020/0405063 A1), in view of Frost (US 2021/0331804 A1).
Regarding claim 12, Whitt discloses the invention in claim 1, but does not appear to specifically disclose a pouch removably connected to a rear of the back assembly and wherein the pouch is sufficiently sized to contain a removable canopy of the portable chair and a removable tray of the chair.
However, Bulger is in the field of a collapsible cart (Abstract) and teaches a pouch removably connected to a rear of the back assembly (Para. [0045], “[t]he upper frame supports a storage container accessory attached to the backrest”; see storage compartment 72 attached to backrest 22 in fig. 15). Furthermore, Bulger teaches a removable canopy of the portable chair (see canopy in figs. 15 & 16a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back assembly of Whitt such that a removable pouch was connected to a rear of the back assembly as taught by Bulger, in order to transport items. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to store the removable canopy in the removable pouch for convenience purposes.
Frost is in the field of a seat including a tray table (Abstract) and teaches a removable tray of the chair (Para. [0045], “tray tables 118a-b may each be connected to the armrest 110b”; as shown in fig. 4c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that there was a tray assembly for attaching to the armrest as taught by Frost, for convenience to the user of the chair. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to store the removable tray of Frost in the removable pouch of Bulger as set forth above, in order to provide ease of transporting the tray.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt et al. (US 2017/0238719 A1), hereinafter Whitt, Frost (US 2021/0331804 A1), and Adams (US 1162540 A).
Regarding claim 13, Whitt discloses a base assembly comprising:
a base frame (first backing 117, fig. 2. See also Para. [0018], “the first bac king 117 is a flat rigid structure that is formed from plastic or metal; fig. 2) and a seat cushion (seat cushion 111, fig. 1) fit to the base frame (seat cushion 111 is a commercially available pad that is attached to the first backing 117”; fig. 1);
a back assembly (seat backing 118, fig. 1) operatively connected to the base assembly (fig. 1);
a first set of clamps (second webbing 122 and fourth webbing 124, figs. 1 & 2) operatively connected to the base assembly underneath a front of the base assembly and configured to extend downwardly therefrom to secure the portable chair to a surface (Para. [0026], “the first webbing 121, the second webbing 122, the third webbing 123 and the fourth webbing 124 are wrapped around the bleacher or stadium seat 151 and are secured by inserting the male connector of the first buckle 125 into the female connector of the first buckle 125 and by inserting the male connector of the second buckle 126 into the female connector of the second buckle 126”; figs. 1 & 5);
a second set of clamps (first webbing 121 and third webbing 123, figs. 1 & 2) operatively connected to the base assembly underneath a back of the base assembly and configured to extend downwardly therefrom to further secure the portable chair to the surface (Para. [0026], “the first webbing 121, the second webbing 122, the third webbing 123 and the fourth webbing 124 are wrapped around the bleacher or stadium seat 151 and are secured by inserting the male connector of the first buckle 125 into the female connector of the first buckle 125 and by inserting the male connector of the second buckle 126 into the female connector of the second buckle 126”; figs. 1 & 5).
However, Whitt does not appear to specifically disclose a left arm rest operatively connected to
the back assembly and a right arm rest operatively connected the back assembly; a kickstand pivotable connected to the back assembly and configured to support the portable chair when the kickstand is pivoted away from the back assembly.
However, Frost is in the field of a passenger seat (Abstract) and teaches a left arm rest operatively connected to the back assembly and a right arm rest operatively connected to the back assembly (see left and right armrest 110 in fig. 1A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that there was a left arm rest and a right arm rest operatively connected to the back assembly as taught by Frost, in order to provide additional comfort for the chair’s user.
Adams is in the field of portable chairs (fig. 1) and teaches a kickstand (Col. 1, lines 47-52, “[t]o this main frame is pivoted a rear or brace frame consisting of a pair of bars 4, hinged or pivoted at their upper ends to the extended ends 5 of the cross rod 2, and connected adjacent their lower ends by a cross bar or rod 6”; fig. 1) pivotable connect to the back assembly and configured to support the portable chair when the kickstand is pivoted away from the back assembly (as shown in fig. 1, the pair of bars 4 that are part of the rear frame [i.e., the kickstand] are pivotably connected to the backing section 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that there was a kickstand pivotably connected to the back assembly as taught by Adams, in order to provide proper support to the back (Adams: Col. 2, lines 89-93).
Regarding claim 14, Whitt in view of Frost and Adams discloses the invention in claim 13, but does not appear to specifically disclose a tray assembly for attaching to the left arm rest and the right arm rest.
However, Frost is in the field of a seat including a tray table (Abstract) and teaches a tray assembly for attaching to the left arm rest and the right arm rest (Para. [0045], “tray tables 118a-b may each be connected to the armrest 110b; as shown in fig. 4c, tray table 118a and 118b is attached to each armrest).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the left and right armrest of modified Whitt such that there was a tray assembly for attaching to the armrest as taught by Frost, for convenience purposes.
Regarding claim 15, Whitt in view of Frost and Adams discloses the invention in claim 14, and Frost further discloses wherein the tray assembly includes a left side and a right side separated from the left side (Frost: as modified above in claim 9, tray table 118a and tray table 118b are separated from one another) and wherein both the left side and the right side comprise a cushion overlaying a protective surface (Frost: Para. [0013], “[e]ach tray table is partially padded on its underside to provide shoulder support to the occupying passenger when in the stowed configuration; as shown in fig. 4c”).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt in view of Frost and Adams as applied to claim 15 above, and further in view of Holland (US 2021/0368990 A1).
Regarding claim 16, Whitt in view of Frost and Adams discloses the invention in claim 15, but does not appear to specifically disclose a canopy.
However, Holland is in the field of collapsible canopies (Abstract) and teaches a canopy (canopy 100, fig. 1) comprising:
a plurality of rims (see support pieces 106, 108; fig. 3) and a covering (sheet of material 104, fig. 1); and
a first clamp assembly and a second clamp assembly (as shown in fig. 2, each of the first and second ends 110, 112 comprises an attachment mechanism 140) for securing opposite sides of the canopy to the back assembly (as shown in fig. 10);
wherein each of the first clamp assembly and the second clamp assembly comprises a jaw claw lock handle (see attachment mechanism 140 in figs. 2 & 5) and a knob attached to a threaded stud (see the rotatable piece 130 on each end of the first and second adjustment mechanism 120, 122, as shown in figs. 2 & 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Whitt such that the chair included a collapsable canopy with a first and second clamp assembly as taught by Holland, in order to “provide shade to whomever is sitting in the chair” (Holland: Para. [0036]), and in order to secure/attach the collapsable canopy to the chair (Holland: Para. [0036]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt in view of Frost, Adams, and Holland as applied to claim 16 above, and further in view of Bulger (US 2020/0405063 A1).
Regarding claim 17, Whitt in view of Frost, Adams, and Holland discloses the invention in claim 16, but does not appear to specifically disclose a pouch removably connected to a rear of the back assembly and wherein the pouch is sufficiently sized to contain the canopy of the portable chair and the tray assembly of the chair.
However, Bulger is in the field of a collapsible cart (Abstract) and teaches a pouch removably connected to a rear of the back assembly (Para. [0045], “[t]he upper frame supports a storage container accessory attached to the backrest”; see storage compartment 72 attached to backrest 22 in fig. 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back assembly of Whitt such that a removable pouch was connected to a rear of the back assembly as taught by Bulger, in order to transport items. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to store the removable canopy and the tray assembly of modified Whitt in the removable pouch of Bulger for convenience purposes.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt in view of Frost, Adams, Holland, and Bulger as applied to claim 17 above, and further in view of Wolfer (US 2021/0106451 A1).
Regarding claim 18, Whitt in view of Frost, Adams, Holland, and Bulger discloses the invention in claim 17, but does not appear to specifically disclose a head rest removably connected to the back assembly and sized to fit within the pouch.
However, Wolfer is in the filed of a seat assembly (Abstract) and teaches a head rest removably connected to the back assembly (Para. [0030], “pair of clips 70 that is coupled to the headrest 66 is positioned to selectively couple to the shell 14 to removably couple the headrest 66 to the shell 14”; as shown in fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back assembly of modified Whitt such that a head rest was removably connected to the back assembly as taught by Wolfer, in order to provide support to the head and neck of the chair’s user. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to store the head rest in the removable pouch of Bulger (as modified above in claim 17) for convenience purposes.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitt in view of Frost and Adams as applied to claim 13 above, and further in view of Martinez (US 5,069,503 A).
Regarding claim 19, Whitt in view of Frost and Adams discloses the invention in claim 13, but does not appear to specifically disclose at least one retractable leg operatively connected to the base assembly.
However, Martinez is in the field of a portable, collapsible chair (Abstract) and teaches at least one retractable leg operatively connected to the base assembly (fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base assembly of modified Whitt such that at least one retractable leg was operatively connected to the base assembly as taught by Martinez, in order to provide balance and stability to the chair in any suitable location.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s invention: See PTO 892.
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/N.A./Examiner, Art Unit 3647 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642