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 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 1,4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 claim 1, it cites a first rack and a second rack which are connected in a foldable mode, however applicant fails to identify what a foldable mode is further in the specification. It is unclear what type of mode this is in reference to, and examiner suggests clearly identifying the meaning of the limitation either in the claim or in the specification.
Claims 2-10 are dependent on claim 1, thereby inheriting its deficiencies and also being rejected 35 U.S.C. 112(b).
Regarding claim 4, it recites the movable sleeve is arranged on the first rack in a sleeving mode, however applicant fails to identify what a sleeving mode is further in the specification. Similarly to the issue discussed above with claim 1, it is unclear what type of mode this is in reference to, and examiner suggests clearly identifying the meaning of the limitation either in the claim or in the specification.
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.
1. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sampaio (US 20210379498 A1)
Regarding claim 1, Sampaio teaches A game stand (components of the portable seating chair; backrest frame, seating frame, a steering wheel controller column, a steering wheel controller shaft, a quick release steering wheel controller support, a pedal controller frame, and a quick release pedals controller support; see Abstract), comprising a stand body (items 8,24,26) and a pedal assembly (28), wherein the stand body has a first rack (8,16) and a second rack (24,26) which are connected in a foldable mode (see Fig.6), a mounting panel (18) is arranged on the first rack, and an angle adjusting structure (61B) is arranged between the mounting panel and the first rack (see Fig 10, where 61B is between 18 and 16); and the pedal assembly includes a pedal (73) and a supporting portion (24), one end of the pedal is hinged to the second rack (see Fig 11, where one end of pedal 73 is hinged to 24, comprising the second rack), one end of the supporting portion is hinged to a middle portion of the pedal (see Fig.7, where one end of item 24 (supporting portion) is hinged to a portion of the pedal 73), the other end of the supporting portion is hinged to the first rack (In preferred embodiments, the pedal controller frame 24 may be pivotally coupled to the backrest frame 8, such as to the front bottom crossbar 13 [0057]) , and thus the pedal can be folded synchronously when the first rack and the second rack are folded.
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.
1. Claims 2, 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sampaio (US 20210379498 A1) in view of Johansson (WO 2018054930 A1).
Regarding claim 2, Sampaio teaches wherein the angle adjusting structure (61B), and the mounting panel (18), but fails to teach that it comprises an adjusting plate arranged on the first rack a plurality of long-strip adjusting holes are formed in the adjusting plate, is securely connected to the adjusting holes through bolts, and the bolts can move up and down in the adjusting holes so that an angle of the mounting panel is adjusted. Johannson teaches a controller support 515 which is a planar, flat surface (an adjusting plate) arranged on the first rack (5151, see Figs 9A, 9b) and a plurality of long-strip adjusting holes are formed in the adjusting plate (see Fig 9a), the mounting panel is securely connected to the adjusting holes through bolts (Controllers 2, 3 may be mounted to the controller supports 15, 20 by any type of mounting device. Examples of such mounting devices include straps, hook-and-loop type fasteners, clamping devices or even threaded connectors, such as nut-and-bolt connectors, pg.9, lines 9-12), and the bolts can move up and down in the adjusting holes so that an angle of the mounting panel is adjusted (As an alternative, the first controller support 15 may have one adjustment for height (substantially perpendicular, such as about 80.sup.°-100.sup.° relative to the first direction D1), and one adjustment for length (substantially parallel, such as about -10.sup.°-10.sup.° relative to the first direction D1. Moreover, an angle of the first controller support surface may be adjustable, pg.10, lines 12-17).
Therefore, it would have been obvious to one of ordinary skill in the art, to modify the mounting panel and angle adjustment structures of Sampaio with the adjusting plate of Johannson to best provide a flat surface and means to attach the mounting panel to the adjustment plate (Johannson, pg.17, lines 12-14).
Regarding claim 5, the modified Sampaio teaches wherein the first rack (Sampaio, items 8,16) comprises two first vertical rods parallel to each other (first 15 and second 17 front legs may preferably be substantially parallel or optionally in angle in relation to each other, Sampaio, [0038]) and a first cross rod which is connected to ends of the two first vertical rods (Sampaio, item 11, see Fig 3), and the mounting panel is connected between the other ends of the two first vertical rods (mounting panel 18 is connected to item 16, which is connected to item 13 at the other end of the two vertical rods 15,17; see Fig 7.).
Regarding claim 6, the modified Sampaio further teaches wherein the second rack (Sampaio, items 24,26) comprises two second vertical rods parallel to each other (pedal controller rails 63, 67; see Fig 3, Sampaio) and a second cross rod (Sampaio, item 71) which is connected to ends of the two second vertical rods (see Fig 3 of Sampaio), and the other ends of the two second vertical rods are hinged to middle portions of the two first vertical rods respectively (the pedal controller frame 24 may include a first pedal controller rail 63, pivotally connected to the steering wheel controller column 16 and/or to the backrest frame 8 through the first rail hinge 65, a second pedal controller rail 67, pivotally connected to the steering wheel controller column 16 and/or to the backrest frame 8 through the second rail hinge 69. In some embodiments, the first rail hinge 65 and the second rail hinge 69 may be permanently fixed or coupled on the steering wheel controller column 16, Sampaio [0057], see Fig. 7). Item 16 is connected to item 13 which is connected to items 15, 17 (two first vertical rods respectively) hinged at the middle portions (see Fig.7)
Regarding claim 7, the modified Sampaio teaches wherein a fastener is arranged on the second rack, a fixing hole is formed in the pedal (Sampaio, Fig 7, item 73 with a plurality of holes), and after the first rack and the second rack are folded, the fastener is inserted into the fixing hole so that the first rack and the second rack are in a folded state (see Sampaio, Fig 6, storage configuration 3; In preferred embodiments, the chair 100 may comprise one or more quick release fasteners 61A, 61B, 61C, 61D, 61E, which may be used to movably and/or removably couple two or more elements together. Preferably, a quick release fastener 61A, 61B, 61C, 61D, 61E, may be coupled to a first element and may comprise a cam lever that may be inserted into a channel 30, aperture, opening, etc., formed in a second element [0069]). The first element being the second rack, and the opening being the fixing hole formed in the pedal.
Regarding claim 8, the modified Sampaio teaches tightening nuts (Hinges 27 and 29 may comprise any pivotal coupling method, such as nut and bolt type fasteners, rivets, etc, Sampaio [0041]), however it fails to teach wherein the first vertical rods are telescopic rods, and tightening nuts are arranged on the telescopic rods. Johansson further teaches a second upwardly extending member 5152 may be provided. This second member may be adjustable relative to the first member 5151 , e.g. by telescopic engagement, pg.18, lines 25-27. The first and second members correspond to the first vertical rods. While Johansson doesn’t explicitly teach that the tightening nuts are arranged on the telescopic rods, this is well-known and commonly practiced in the use of a telescopic type rod.
Therefore, it would have been obvious to modify the modified game stand of Sampaio with the telescopic rods of Johansson to achieve variable length adjustment of the structure with respect to a user’s needs (Johansson, pg. 16, lines 8-10).
Regarding claim 9, the modified Sampaio teaches a stand body, but fails to teach wherein a gear lever supporting seat is further arranged on the stand body. Johansson further teaches this as follows: In addition, the controller stand of figs 9a-9b may comprise an auxiliary hand controller support 530, which may be used e.g. to support a gear shifter, which may be used together with a steering wheel module that is supported by the hand controller support 515. The auxiliary hand controller support 530 may comprise a support member 531 , which may provide a generally flat surface and means, such as holes, etc., for attaching the gear shifter to it, pg. 17, lines 9-14).
Therefore, it would have been obvious to further modify the modified game stand of Sampaio with the gear shifter of Johansson to best control a steering wheel module attachment (Johansson, pg. 17, lines 9-14).
2. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Sampaio in view of Johansson, further in view of Alessio (US 4278243 A).
Regarding claim 3, while the modified Sampaio teaches a game stand, a pedal and the first rack and the second rack (as discussed above in claim 1) so that the first rack and the second rack are at a fixed angle after being unfolded (see Fig 16, where items 8, 16 (first rack) and items 24,26 (second rack) are at a fixed angle when in use (unfolded), it fails to teach wherein a position-limiting structure is arranged on the first rack.
Alessio teaches this as follows: At the extreme end of link 26 away from pivot 29, there is also a prong 31 which engages and holds in a notch 32 (FIG. 3) of the link 27 to firmly block the links 26 and 27 when the workbench is in the open position as shown in FIGS. 1 and 2. In this way, the supporting legs 12, 12a cannot spread apart when the bench is in use (col 3, lines 20-25). Link 26 is analogous to the position-limiting structure, and it is on legs 12, 12 (first rack). While Alessio doesn’t explicitly teach the other end of the pedal is in lap joint with the position-limiting structure, it would have been obvious to place the pedal of the modified Sampaio in lap joint with the position-limiting structure, as this is simply a rearrangement of parts; see MPEP 2144.04 VI.
Therefore, it would have been obvious to one of ordinary skill in the art, to further modify the modified game stand of Sampaio with the link of Alessio in order to keep the first and second rack of the at specific positions when used (Alessio, col 3, lines 52-64).
Regarding claim 4, the further modified Sampaio (with Alessio), further teaches wherein the position-limiting structure comprises a movable sleeve arranged on the first rack (link 26 can move along the pins on legs 12,12a; see Fig 2 of Alessio), and the movable sleeve can be adjusted through a bolt so that the movable sleeve is fixed at any position of the first rack (The links 26 and 27 are also pivotally connected to the supports 12, 12a by pivot pin 29 and 30, respectively, Alessio, col 3, lines 17-19). While the further modified Sampaio doesn’t explicitly state the movable sleeve is arranged on the first rack in a sleeving mode, this is simply a design choice and holds no patentable weight; see MPEP 2144.04 I.
Therefore, it would have been obvious to one of ordinary skill in the art, to further modify the modified game stand of Sampaio with the link as a moveable sleeve of Alessio in order to be positioned along various points of the first rack for greater adjustability (Alessio, col 3, lines 52-64).
3. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sampaio in view of Johansson, further in view Nagata (US 6079287 A).
Regarding claim 10, the modified Sampaio teaches the angle adjusting structure (Sampaio, item 61B). However, the further modified Sampaio fails to teach, comprises a fixing substrate, the fixing substrate is connected to the stand body, a threaded rod is arranged on the fixing substrate, a knob is arranged at one end of the threaded rod, the knob can be rotated to drive the threaded rod to rotate, a sliding block is arranged on the threaded rod and hinged to one side of the bottom of the mounting panel, and the other side of the bottom of the mounting panel is hinged to the fixing substrate.
Nagata teaches this as follows: the lead screw (1) (threaded rod) is engaged threadedly with and through both internally threaded portions (30)(40) of the lock and stationary lock nut members (3)(4). Finally, the ringed end (80) of wire (8) (sliding block) is engaged about the end portion (32a) of connecting pin (32). The wire (8) may be slidably supported by a support bracket (7). Support bracket (7) is shown in FIG. 2 to have an arcuate securing end portion (71) and a projected support end portion (70) having a slit (70A). As shown in FIG. 1, the arcuate securing end portion (71) of this bracket (7) is fixed on the peripheral surface of tubular body (2) (fixing substrate), while the projected support end of the same bracket (7) extends horizontally from the tubular body (2). Hence, the wire (8) is slidably fitted in the slit (70A) for vertical movement relative to the horizontal axis of tubular body (2) (col 4, lines 24-38). So that operating the operation lever (knob) will transmit an operation force via the wire (8) to the connecting pin (32), thereby causing the lock nut member (3) to rotate threadedly about the lead screw (1) for a locking purpose to be set forth later (col 4, lines 3-6). Additionally, Nagata states and advantage of its invention: (II) Since the lead screw (1) can be a multiple thread screw such as three-thread or six-thread lead screw with the above-specified lead and pressure angle conditions (not shown), both stationary and lock nut members (4)(3) may be rapidly moved threadedly along the lead screw (1) with a small amount of force applied thereto. Further, those two nut members (4)(3) can be adjusted finely in position on the lead screw (1), so that a user can attain a fine inclination angle adjustment of the seat back (SB) and lock the same at a desired angle precisely relative to the seat cushion (SC) (col 5, lines 44-54). As such, the angle adjustment of the seat back relative to the seat cushion in this prior art is analogous to the angle adjustment of the fixing substrate relative to the mounting panel, as claimed. This entire process is coupled with the fixing substrate (tubular body), which is obvious to connect to the stand body, as this is simply a rearrangement of parts; see MPEP 2144.04 VI, and this angle-adjustment mechanism via a threaded rod (lead screw) is well-known and used in the engineering field for various mechanical structures (as claimed in the instant application).
Therefore, it would have been obvious to modify the modified Sampaio with this angle-adjustment mechanism of Nagata in order to provide a method of angle adjustment to best meet a user’s needs when the device is used (Nagata, col 5, lines 49-54).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RIA SHARMA whose telephone number is (571)272-0286. The examiner can normally be reached 8:00am- 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RIA SHARMA/Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711
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