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 with traverse of species 5, drawn to a fifth variant of a seat element in Figs. 5a-5j, in the reply filed on 12/12/2025 is acknowledged. The traversal is on the ground(s) that Applicant submits that the Office has not shown a search and/or examination burden would be greatly increased. This is not found persuasive because this is not a requirement for unity of invention in the national stage. See 37 CFR 1.475.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim
Specifically, Examiner notes the elected species does not contain a singular tension element connected to a base by at least two actuators of claims 15 and 16 (figure 7 or a seventh variant in species 7), and at least two tension elements which each extend over both the backrest surface and the seat surface of claim 17 (figures 3a-3b or a third variant in species 3). Applicant timely traversed the restriction (election) requirement in the reply filed on 12/12/2025.
Claim Objections
In accordance with 37 CFR 1.75(i), where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. See MPEP §608.01(m).
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 claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Claims 1-22 are rejected.
Specifically, claim(s) 9-10, 14 and 21 is/are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. This may not be an inclusive list. Applicant is encouraged to review all claims for, and correct all instances of, translation error.
Claim 9 recites the phrase “wherein a provision is made for”, which renders the claim indefinite as it is unclear if the arrangement the comes next is required by the claim or not.
Claim 9 recites “…wherein, on a rear surface, which is located opposite a front surface of the covering element, at least one mount is formed on at least one pocket is formed on the covering element, and…” This is indefinite because it is unclear what exactly is being claimed.
Based on the context of the remainder of the claim, the claim will be examined as though it reads: …wherein, on a rear surface, which is located opposite a front surface of the covering element, at least one mount is formed on
Correction/clarification is required.
Additionally claim 9 recites, in the last lines of the claim, “and wherein provision is made for the actuator and the tension element to be connected to one another through the covering element” which is indefinite. Claim 1, from which claim 9 depends, claims the covering element comprises a fabric and comprises tensions elements, wherein the tension elements are subjected to pulling action by means of an actuator to apply a level of tensioning to the fabric of the covering element when the actuator is activated. Therefore, it is unclear how the tensioning element can be connected to the actuator through the covering element, if the covering element comprises the tensioning element. Claims 8 and 10 are likewise rejected. Correction/clarification is required.
Claim 10 recites “is connected… either directly or indirectly with the interposition of a force transmitting element” which renders the claim indefinite as it is unclear what exactly a connection indirectly with the interposition of a force transmitting tension requires. Correction/clarification is required.
Claim 14 recites “wherein at least one of the tension elements of the supporting surface is connected to the base by at least one of the actuators in such a manner that, by way of its longitudinal axis, each of the actuators encloses an angle of at least 30 degrees in all directions in space in relation to the supporting surface which is adjacent to the tension element.
The claim language renders the claim indefinite, the claim will be examined as though the limitation reads: wherein at least one of the tension elements of the seat surface and/or backrest surface is connected to the base by at least one of the actuators in such a manner that, by way of a longitudinal axis of the actuator, each of the respective actuators encloses an angle of at least 30 degrees in all directions in space in relation to the particular supporting surface which is adjacent to the respective tension element/actuator combination.
Correction/clarification is required.
Claim 21 recites “wherein the tension element is connected to the actuator or the actuators exclusively in a central region.” The claim is indefinite as it is unclear to what “a central region” is referring, e.g., a central region of the seat element? Correction/clarification is required.
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, 5, 8-14, and 19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walton (GB 2,569,289A).
Regarding claim 1, Walton discloses a seat element (seat 102) comprising:
- a carrier frame (seat back portion of frame 103 made up of frame elements 104, 105, 106, 107) and
- supporting surfaces (seat back portion with loosely woven fabric 112; seat base portion with loosely woven fabric 113; page 12, lines 10-11),
- wherein the carrier frame comprises at least one left-hand side member and a right-hand side member (104 and 106; Fig. 2)
- wherein the supporting surfaces comprise a seat surface and/or backrest surface (surface of seat back, surface of seat base of page 12 and Fig. 2),
- wherein at least one of the supporting surfaces comprises a covering element (112/113),
- wherein the covering element comprises a fabric and is stretch-mounted on the at least one left-hand side member and on the right-hand side member of the carrier frame (Examiner notes in a first instance the covering element consists of: woven fabric 112, Fig. 2; page 5, lines 3-13 reproduced: the woven fabric is loosely woven and comprised of a plurality of warp and weft elements each of which has a longitudinal axis and first and second ends, the first end of each of the warp and weft elements is held in a fixed position relative to the frame, the second end of each of the warp and weft elements is attached to an adjustable tensioning means, each adjustable tensioning means is associated with one or more warp or weft elements, each actuation means is associated with at least one adjustable tensioning means, and activation of an actuation means reversibly alters the tension in the or each warp or weft element attached to each tensioning means with which that actuation means is associated; Examiner notes in a second instance the covering element consists of: a subsurface of loosely woven fabric comprising tension elements overlaid by a secondary surface as detailed on page 9, lines 31-37: Alternatively, the loosely woven fabric can create a subsurface which is overlaid by a secondary surface. The secondary surface may be attached to the subsurface. That attachment may be loose. The secondary surface may be a fabric, leather or other similar flexible material. This provides the advantage that the secondary surface does not have to have the load bearing characteristics that the loosely woven fabric will possess. In such embodiments the secondary surface may be chosen for its appearance),
- wherein the seat element comprises one or more actuators, (302, Fig. 4; page 16, line 6-9: seat 102 is provided with a control means 301, a plurality of actuators collectively shown as 302), and
- wherein the covering element comprises tension elements (elements 114, 115, 120 and 121; Fig. 2),
wherein the tension elements are subjected to pulling action by means of in each case at least one actuator of the one or more actuators in such a manner that a level of tensioning to which the fabric of the covering element is subjected when the at least one actuator has been activated is greater than a level of tensioning to which the fabric of the covering element is subjected when the at least one actuator has been deactivated (at least page 10, lines 4-9).
Regarding claim 2, Walton discloses the seat element according to claim 1, wherein the fabric of the covering element comprises at least one weft thread (in each instance the fabric of the covering element consists of at least one weft thread 115/121) and warp threads (114/120),
wherein the at least one weft thread runs in a central region of the covering element in a direction transverse to the warp threads (Fig. 2).
Regarding claim 5, Walton discloses the seat element according to claim 1, but does not appear to specifically disclose wherein the tension elements are connected to the covering element in such a manner that each of the tension elements is retained in a non-displaceable manner on the covering element (Examiner notes in the second instance, in which the covering element consists of a subsurface of loosely woven fabric comprising tension elements overlaid by a secondary surface, the tension elements are connected to the covering element in such a manner that each of the tension elements is retained in a non-displaceable manner on the covering element).
Regarding claim 8, Walton discloses the seat element according to claim 1, wherein the tension element is introduced within the covering element (in each instance, Figs. 2-3), and is incorporated in the structure of the covering element, and
the actuator acts on the tension element in order to subject the tension element to pulling action (Figs. 2-3),
wherein the at least one actuator and the tension element are connected to one another through the covering element (Figs. 2-3),
wherein provision is made for the tension element to comprise at least one fastening point and for the fastening point to engage through the covering element or to pass out of the same (Figs 2-3).
Regarding claim 9, Walton discloses the seat element according to claim 1, wherein, on a rear surface, which is located opposite a front surface of the covering element, at least one mount is formed on
at least one tension element is incorporated in the mount or is fastened on the mount (Fig. 3),
wherein the actuator acts on the tension element in order to subject the tension element to pulling action (Figs. 2-3) and
wherein provision is made for the actuator and the tension element to be connected to one another through the covering element (Fig. 3).
Regarding claim 10, Walton discloses the seat element according to claim 1, wherein the actuator comprises a tensioning body (spindle 201, Fig. 3)
wherein the covering element is connected to the tensioning body via the tension element either directly or indirectly with the interposition of a force-transmission element designed in the form of a tensioning slide and/or deflecting element and/or hydraulic element and/or pneumatic element (Fig. 3).
Regarding claim 11, Walton discloses the seat element according to claim1, wherein deformation of the supporting surface takes place by the covering element being tensioned by virtue of the tension element being subjected to a pulling force by the at least one actuator (Figs. 2-3),
the pulling force running in the direction of a plane defined by the covering element (via spindle 201, Fig. 3).
Regarding claim 12, Walton discloses the seat element according to claim 1, wherein a plurality of zones are formed by a plurality of tension elements and/or a plurality of covering elements and/or the plurality of tension elements are arranged in different ways on the plurality of covering element(s) (hot spots as detailed beginning line 20, page 5).
Regarding claim 13, Walton discloses the seat element according to claim 1, wherein
- the seat element comprises a base (seat base portion of frame 103 made up of frame elements 108, 109, 110, 111), wherein the carrier frame is connected to the base (via frame elements 107 and 111, Fig. 2), and
- each actuator of the one or more actuators is connected by way of a first end to one of the tension elements and in that each of the actuators is connected by way of a second end to the base or the carrier frame (page 14, lines 4-8: the first ends of each of the weft elements 121a, 121b, 121c, 121d are fixed to the frame element 111 by a fixing means (not labeled for clarity of the Figure). The fixing means may be a rivet or other appropriate known type of fixing means. The second ends of each of the weft elements 121a, 121b, 121c, 121d are each fixed to an adjustable tensioning means 123a, 123b, 123c, 123d respectively).
Regarding claim 14, Walton discloses the seat element according to claim 13, wherein at least one of the tension elements of the supporting surface (e.g., 120a) is connected to the base by at least one of the actuators (122a) in such a manner that, by way of its longitudinal axis, each of the actuators encloses an angle of at least 30 degrees in all directions in space in relation to the supporting surface, which is adjacent to the tension element (best seen in Fig. 3).
Regarding claim 19, Walton discloses the seat element according to claim 1, wherein the tensile force of at least one of the actuators can be adjusted either manually or by motor (control means 301, Fig. 4 is configured to be operated via user input means or an electronic memory device; page 16 beginning line 41),
wherein provision is made for a plurality of actuators to be jointly adjustable (page 16, line 12: The actuators 302 may be all controlled individually or in groups by the control means 301).
Regarding claim 20, Walton discloses the seat element according to claim 1, wherein the tension element is designed in the form of a rectilinear structure (Fig. 2) or in the form of a curved structure or in the form of a Y-type structure or in the form of an annular structure or in the form of a polygonal structure,
wherein the structure is designed so as to be either elastically deformable or rigid or partially rigid and partially elastic in end regions (Fig. 2).
Regarding claim 21, Walton discloses the seat element according to claim 1, wherein the tension element is connected to the actuator or the actuators exclusively in a central region (Fig. 1; Fig. 2).
Regarding claim 22, Walton discloses the seat element according to claim 1, wherein at least one of:
the carrier frame comprises at least one upper bracket, which connects the at least one left-hand side member and the right-hand side member behind the backrest surface and runs at a distance from the backrest surface (105 connects 103 and 104; Fig. 2),
the carrier frame comprises at least one lower bracket, which connects the at least one left-hand side member and the right-hand side member beneath the seat surface and runs at a distance from the seat surface (109 connects 108 and 110; Fig. 2), or
the carrier frame comprises a central bracket, which connects the at least one left-hand side member and the right-hand side member in a transition region, the seat surface and the backrest surface merging into one another in this region, and which runs at a distance from the seat surface and at a distance from the backrest surface (Examiner notes this clause is an “or” clause and is therefore optional in light of the other two rejected clauses).
Claims 1, 3-4, 7, 13 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (DE 102019220141A), hereinafter Richter.
Regarding claim 1, Richter discloses a seat element (seat 100) comprising:
- a carrier frame (seat component 101) and
- supporting surfaces (seat 12, backrest 14),
- wherein the carrier frame comprises at least one left-hand side member and a right-hand side member (Examiner notes left-hand side portion of 101A and right-hand side portion of 101A, Fig. 4)
- wherein the supporting surfaces comprise a seat surface and/or backrest surface (12 and 14),
- wherein at least one of the supporting surfaces comprises a covering element (textile structure, §[0007]),
- wherein the covering element comprises a fabric and is stretch-mounted on the at least one left-hand side member and on the right-hand side member of the carrier frame (tensioned knitted fabric 10, §[0079]),
- wherein the seat element comprises one or more actuators (§§[0082]-[0083]: Both system 10S and 10G are operated via actuators, which are not detailed in the figures… the actuators for each rope S and each belt G are arranged together in a cavity of the base part 102A), and
- wherein the covering element comprises tension elements (flat belts G, ropes S, §[0056]),
wherein the tension elements are subjected to pulling action by means of in each case at least one actuator of the one or more actuators in such a manner that a level of tensioning to which the fabric of the covering element is subjected when the at least one actuator has been activated is greater than a level of tensioning to which the fabric of the covering element is subjected when the at least one actuator has been deactivated (§[0054]: starting from an initial position, both system 10S, 10G are designed as pull systems that pull on the adjusting elements S, G to effect and adjusting position, whereby the adjustment from the adjustment position to the initial can be reversed).
Regarding claim 3, Richter discloses the seat element according to claim 1, wherein the fabric of the covering element is designed in the form of a looped-stitch structure made of yarns, by loops of thread being interlaced, wherein the looped stitches are formed in a row one after another, in the form of knitted looped stitches (the structure is knitted; i.e., knitted structure 10, i.e., looped stitched structure made by yarns, by loops of thread being interlaced, wherein the loop stitches are formed in a row, one after another).
Regarding claim 4, Richter discloses the seat element according to claim 1, wherein in a region of the fabric, the covering element comprises different fabric densities, including loop-stitched sizes or thread spacings (zones Zn, §[0069], Figs. 3-4).
Regarding claim 7, Richter discloses the seat element according to claim 1, wherein at least one of the tension elements is arranged on a front surface of the covering element and is incorporated in a mount formed on the front surface (integrated channel, §[0062]; Fig. 5), and
the at least one actuator acts on a rear surface of the covering element, the rear surface being located opposite the front surface, in order to subject the tension element to pulling action (Fig. 4-5),
wherein the at least one actuator and the respective tension element are connected to one another through the covering elements (at pivot points PA1 and PA2 for example, best depicted in Figs. 4-5; Examiner notes the actuators for each rope S and each belt G are arranged together in a cavity of the base part 102A),
wherein provision is made for the tensioning elements to comprise at least one fastening point and for the fastening point to engage through the covering element (at 103 in Fig. 5 for example).
Regarding claim 13, Richter discloses the seat element according to claim 1, wherein
- the seat element comprises a base (102), wherein the carrier frame is connected to the base (via at least knitted structure 10) and
- each actuator of the one or more actuators is connected by way of a first end to one of the tension elements (rope and strap) and in that each of the actuators is connected by way of a second end to the base or the carrier frame (base part 102a, §[0083]; § [0018] According to the invention, the position of the ropes and the position of the straps are changed by shortening and lengthening the ropes or straps, wherein at least one actuator is arranged in the structure of the seat for each rope (S) and each strap, via which each rope and each strap is indirectly connected to the structure of the seat at one end via the actuators, so that each rope and each strap is individually adjustable at one end and directly and rigidly connected to the structure of the seat at the other end to enable the shortening and lengthening of the ropes and/or straps, wherein the position change of the straps is also individually effected via the deflection device, the deflection elements of which are arranged such that the deflection elements are movable together or independently of each other in at least one spatial direction, thereby advantageously enabling a particularly individual adjustment).
Regarding claim 18, Richter discloses the seat element according to claim 13, wherein at least one arcuate tension element is arranged in a transition region of the supporting surfaces (Examiner notes tension element S is arcuate and arranged in a transition region between 12 and 14, see at least Fig. 4),
the latter merging, in the form of a carrying surface, from the backrest surface into the seat surface in this transition region (Examiner notes the transition region is in the form of a carrying surface from the back rest region into the seat surface, Fig. 4),
wherein the arcuate tension element is connected to the base by at least one actuator in such a manner that the arcuate tension element is braced away in a rearward direction from a front edge of the seat surface (S away from zone 1 for example, Fig. 4) and is braced away in the downward direction from the upper edge of the backrest surface (S away from zone 3 for example, Fig. 4).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose or make obvious the combined limitations of applicants claimed invention. Specifically, the prior art does not teach the combined limitations of the claimed invention, wherein at least one of the tension elements is arranged on a front surface of the covering element
the rear surface being located opposite the front surface, in order to subject the tension element to pulling action,
wherein the at least one actuator and the respective tension element are connected to one another through the covering element to comprise at least one fastening point and for the fastening point to engage through the covering element.
Richter teaches wherein at least one of the tension elements is arranged on a front surface of the covering element incorporated in a mount formed on the front surface (integrated channel, §[0062]; Fig. 5), and the at least one actuator acts on a rear surface of the covering element, the rear surface being located opposite the front surface, in order to subject the tension element to pulling action (Fig. 4-5), wherein the at least one actuator and the respective tension element are connected to one another through the covering elements (at pivot points PA1 and PA2 for example, best depicted in Figs. 4-5; Examiner notes the actuators for each rope S and each belt G are arranged together in a cavity of the base part 102A), to comprise at least one fastening point and for the fastening point to engage through the covering element (at 103 in Fig. 5 for example), but does not teach at least one of the tension elements arranged on a front surface of the covering element.
A modification to arrange the tension element on a front surface of the covering element would be unreasonable as the modification would create issues rendering the actuator and tension elements of Richter useless, particularly without mounting within the integrated channel.
(HU 213695 B), Sessini teaches a cushion for fastening onto a seat-back for anatomical support of the trunk or neck regions in the same field of endeavor including:
a tension element arranged on a front surface of a covering element (plate 12 arranged on a cover 19, Fig. 3) and at least one actuator acts on a rear surface of the covering element (grip member 36, Fig. 3),
the rear surface being located opposite the front surface, in order to subject the tension element to pulling action (Fig. 1, via straps 23 and 24), but does not teach at least one actuator configured specifically for pulling action and the tension element arranged on the front surface of the covering element specifically connected to one another through the covering element to comprise at least one fastening point and for the fastening point to engage through the covering element.
A modification of the seat element or a rearrangement of the parts of the seat element so that at least one actuator and a respective tension element are arranged on the front surface of the covering element specifically connected to one another through the covering element to comprise at least one fastening point and for the fastening point to engage through the covering element would require improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moeseneder (US 2010/0117430 A1) teaches a seat (1) having a carrying frame (2) and a support unit (8) connected thereto, the support unit having a base frame (6) as well as an elastic cover (10) held thereon made of knitted fabric (11) as an unsupported structure, the cover (10) forming a support surface (9) having a seat region (13) and a back region (12) and being configured continuous between the seat region (13) and the back region (12). The support surface (9) of the cover (10) has a plurality of zones (33 to 38) located consecutively in the longitudinal direction of the cover, of which at least one zone (34) has a greater elastic deformability relative to the other zones (33, 35, 36, 37, 38).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Shanna Danielle Glover/Examiner, Art Unit 3642