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 2, 3, 5 and 12 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.
Claim 2 recites a limitation of a second spacer with the second spring. However, there is no support for two separate second spaces in the speciation’s. The specification disclose a third and fourth spacer with the second spring.
Claim 3 recites the limitation "the fourth spacer" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 5 and 12 recite the limitation "the last turn" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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) 1-2, 9, 13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lawson (6,000,754).
Regarding claim 1, Lawson discloses a rocker box for use on a rocker chair, the rocker box comprising: a base plate 32; a rocker plate 40 spaced from the base plate and pivotally coupled to the base plate; at least a first spring 24 extending between the base plate and the rocker plate, the first spring being coupled on one end to the base plate and on the other end to the rocker plate; and a first spacer 60 extending between the first spring and the base plate, such that the first spring does not contact the surface of the base plate and a second spacer 58 extending between the first spring and the rocker plate such that the first spring does not contact the surface of the rocker plate.
Regarding claim 2, Lawson discloses at least a second spring 24 (figure 3) extending between the base plate and the rocker plate, the second spring being coupled on one end to the base plate and on the other end to the rocker plate; and a third spacer 60 extending between the second spring and the base plate, such that the second spring does not contact the surface of the base plate and a second spacer 58 extending between the second spring and the rocker plate such that the second spring does not contact the surface of the rocker plate.
Regarding claim 9, Lawson discloses a rocker box for use on a rocker chair, the rocker box comprising: a base plate 32; a rocker plate 40 spaced from the base plate and pivotally coupled to the base plate at a pivot axis; a pair of springs 24 extending between the base plate and the rocker plate, the springs being coupled on one end to the base plate and on the other end to the rocker plate; and a spacer 58, 60 extending between the springs and each of the base plate and the rocker plate, such that the first springs do not directly contact the surface of the base plate or the rocker plate.
Regarding claim 13, Lawson discloses the spacers 58, 60 are symmetrical such that the top portion mirrors the bottom portion.
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.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Gordin (3,547,393).
Regarding claims 7 and 8, Gordin discloses the base plate comprises an indentation 58 shaped to accommodate the first spring and the first spacer, wherein the rocker plate comprises an indentation 68 shaped to accommodate the first spring and the second spacer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Gordin and use indentations on both base and rocker plate in the invention of Lawson in order to prevent any accidental damages.
Allowable Subject Matter
Claims 3-6, 10-12, 14, 15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 3 and 10, Lawson fails to disclose wherein each of the first, second, third and fourth spacers has a top portion and a bottom portion spaced from the top portion, and wherein one of the base plate and the rocker plate occupy the space between the top portion and the bottom portion.
Regarding claim 11, Lawson fails to disclose each of the spacers has a hole extending therethrough, and wherein the base plate and the rocker plate have a protuberance extending therefrom at the location of each of the springs, the protuberance extending through the hole in a respective spacer.
Conclusion
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/SYED A ISLAM/ Primary Examiner, Art Unit 3636