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 .
Allowable Subject Matter
Claims 27, 33-34, 38-41 and 43 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: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Chen, Quinn, Kane and Goddard references, which represent the combination of prior art closest to Applicants’ claimed invention, and there would be no obvious reason to modify Chen, Quinn, Kane and Goddard to the extent necessary to satisfy each of Applicants’ pertinent limitations (specifically with regard to the claimed combinations, placements and functional capabilities of respective elements), as such modifications would be likely to render the Chen, Quinn, Kane and Goddard assemblies incapable of continuing to operate/behave in the particular manners set forth within the respective references themselves (given the particularly sensitive nature of such portable folding chair assemblies, and the need to modify already-modifying references), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 27, 33-34, 38-41 and 43 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 24-43 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.
The term “generally” in claims 24 and 36 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “proximate” in claim 26 is a relative term which renders the claim indefinite. The term “proximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claims 33 and 43 recitations of “it” render the respective claims unclear, as it is unknown exactly which of the previously cited “foldable chair”, “cup holder” and “coupling member” elements is being invoked. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 37 recitation of “the cover is a plurality of covers” is unclear. Exactly how can one (1) element be a “plurality” of elements? Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 25, 27-32, 34-35 and 38-42 are rejected as depending (directly or indirectly) from rejected independent claims 24 and 36.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 24-26, 28-32 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2016/0135600 to Chen (“Chen”) in view of U.S. Patent Application Publication No. 2010/0207429 to Quinn (“Quinn”) and further in view of U.S. Patent Application Publication No. 2007/0045496 to Kane (“Kane”).
Regarding claim 24, Chen discloses a foldable (para. 5) chair (e.g. assembly shown in figs. 1-9), comprising: i) a frame (e.g. leg units 2, backrest units 3, connecting unit 4, linkage unit 5, and cloth body 11, together, as discussed in written abstract and shown in figs. 1-3) including (figs. 1-3) a seat back (e.g. vertical portion of cloth body 11 as shown in fig. 1) and a seat bottom (e.g. horizontal portion of cloth body 11 as shown in fig. 1), the frame (2, 3, 4, 5 and 11, together) movable between (compare figs. 1-4 and 7-9) a folded configuration (fig. 9) where the seat bottom (aforementioned horizontal portion of cloth body 11; compare figs. 9 and 1-2) and seat back (aforementioned vertical portion of cloth body 11; compare figs. 9 and 1-2) are generally adjacent each other (fig. 9) and a seating configuration (figs. 1-3) where the seat bottom (aforementioned horizontal portion of cloth body 11) extends generally perpendicular to (figs. 1-3) the seat back (aforementioned vertical portion of cloth body 11); and ii) a pair of front legs (21, as shown in figs. 1-2) coupled to (figs. 1-2) a pair of rear legs (22, as shown in figs. 1-3) via a hinge mechanism (e.g. pivot shaft 23, as shown in figs. 1-2) and attached to a left side (figs. 1-3) and a right side (figs. 1-3) of the seat bottom (aforementioned horizontal portion of cloth body 11).
Chen does not disclose one or more connectors on one or both of the seat back (aforementioned vertical portion of cloth body 11) and the seat bottom (aforementioned horizontal portion of cloth body 11) configured to removably couple to an accessory.
Quinn teaches the concept of providing a connector (e.g. clip 28, as shown in figs. 1 and 4-5, and discussed at para. 33) on a seat back (e.g. back rest 16, as shown in figs. 1-2 and 4-6) configured to removably couple to (written abstract and para. 32) an accessory (e.g. umbrella body 26, as shown in figs. 1-6).
Given that Chen concerns a foldable chair and Quinn concerns an assembly to be attached to such a foldable chair, it would have been obvious to a person of ordinary skill in the art before the effective filing date to apply a Quinn clip 28 device upon an upper edge of the aforementioned vertical portion of Chen’s cloth body 11, in order to provide the benefit of permitting the attachment of a Quinn umbrella body 26 thereto.
Kane teaches the concept of providing a connector (e.g. clamping assembly 14) on a seat bottom (e.g. edge portions of surfaces, as discussed in written abstract and at para. 5; also note that per para. 5, the assembly is intended to be attached to an outdoor patio chair) configured to removably couple (para. 1) an accessory (e.g. drink holder system 10, as shown in figs. 1-4 and 7).
Given that Chen concerns a foldable chair and Kane concerns an assembly to be attached to an outdoor (presumably foldable) patio chair, it would have been obvious to a person of ordinary skill in the art before the effective filing date to apply a Kane clamping assembly 14 (and its associated drink holder system 10) upon an edge of the aforementioned horizontal portion of Chen’s cloth body 11 and/or armrests 6, in order to provide the benefit of permitting the Chen chair assembly to carry a variety of beverages (see Kane figs. 3-7) thereon.
Regarding claim 25, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 24, wherein the foldable chair (aforementioned assembly shown in Chen figs. 1-9) further comprises a locking mechanism (e.g. Chen linkage unit 5, as shown in figs. 2-3 and 7-8, and discussed at para. 22-23), wherein the locking mechanism (Chen 5) may be unlocked by actuating (Chen para. 22-23 and 28) a release tag (e.g. Chen pull rod 52 and driving portions 521, together, as shown in figs. 2-3 and 7).
Regarding claim 26, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 25, wherein the release tag (Chen 52 and 521, together) is located proximate a rear edge (Chen fig. 2) of the seat bottom (aforementioned horizontal portion of Chen cloth body 11).
Regarding claim 28, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 24, wherein the foldable chair (aforementioned assembly shown in Chen figs. 1-9) further comprises a locking mechanism (e.g. Chen locking grooves 621), wherein the locking mechanism (Chen 621) automatically locks (Chen para. 26) when either the folded configuration or the seating configuration is reached (Chen fig. 5).
Regarding claim 29, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 24, wherein the one or more connectors (Quinn 28) are located on a top portion (see the modification set forth in the rejection of claim 24, supra) of the seat back (aforementioned vertical portion of Chen cloth body 11), wherein the one or more connectors (Quinn 28) are configured to couple to (Quinn figs. 4-5) a parasol (e.g. Quinn umbrella body 26, as shown in figs. 1 and 4-5).
Regarding claim 30, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 24, wherein the foldable chair (aforementioned assembly shown in Chen figs. 1-9) further comprises of a pair of arm rests (e.g. Chen 6, as shown in figs. 1-6), wherein one or both of the arm rests (Chen 6) include a connector (e.g. Kane clamping assembly 14; see the modification set forth in the rejection of claim 24, supra) configured to couple to another accessory (e.g. additional instance of Kane drink holder system 10, as shown in fig. Kane fig. 5).
Regarding claim 31, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 30, wherein the connector (Kane 14) of one or both of the arm rests (Chen 6) is located on an underside (Kane fig. 5; notice portions of the clamping assembly 14 positioned on the bottom of an armrest) of the arm rest (Chen 6).
Regarding claim 32, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 30, wherein said another accessory (aforementioned additional instance of Kane drink holder system 10) is a cup holder (e.g. drink holder discussed at Kane para. 6, which can also carry cups).
Regarding claim 35, Chen in view of Quinn and further in view of Kane discloses the foldable chair of claim 24, wherein the accessory (e.g. Quinn 26) is a parasol (i.e. a canopy, as discussed at Quinn para. 32 and shown in figs. 1-7) configured to removably couple to (Quinn written abstract and para. 32) the seat back (Quinn vertical portion of cloth body 11) via one of the one or more connectors (Quinn 28).
Claims 36-37 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Quinn and further in view of Kane and U.S. Patent No. 4,892,353 to Goddard (“Goddard”).
Regarding claim 36, Chen discloses a foldable (para. 5) chair (e.g. assembly shown in figs. 1-9), comprising: i) a frame (e.g. leg units 2, backrest units 3, connecting unit 4, linkage unit 5, and cloth body 11, together, as discussed in written abstract and shown in figs. 1-3) including (figs. 1-3) a seat back (e.g. vertical portion of cloth body 11 as shown in fig. 1) and a seat bottom (e.g. horizontal portion of cloth body 11 as shown in fig. 1), the frame (2, 3, 4, 5 and 11, together) movable between (compare figs. 1-4 and 7-9) a folded configuration (fig. 9) where the seat bottom (aforementioned horizontal portion of cloth body 11; compare figs. 9 and 1-2) and seat back (aforementioned vertical portion of cloth body 11; compare figs. 9 and 1-2) are generally adjacent each other (fig. 9) and a seating configuration (figs. 1-3) where the seat bottom (aforementioned horizontal portion of cloth body 11) extends generally perpendicular to (figs. 1-3) the seat back (aforementioned vertical portion of cloth body 11); and ii) a pair of front legs (21, as shown in figs. 1-2) coupled to (figs. 1-2) a pair of rear legs (22, as shown in figs. 1-3) via a hinge mechanism (e.g. pivot shaft 23, as shown in figs. 1-2) and attached to a left side (figs. 1-3) and a right side (figs. 1-3) of the seat bottom (aforementioned horizontal portion of cloth body 11).
Chen does not disclose one or more connectors on one or both of the seat back (aforementioned vertical portion of cloth body 11) and the seat bottom (aforementioned horizontal portion of cloth body 11) configured to removably couple to an accessory.
Quinn teaches the concept of providing a connector (e.g. clip 28, as shown in figs. 1 and 4-5, and discussed at para. 33) on a seat back (e.g. back rest 16, as shown in figs. 1-2 and 4-6) configured to removably couple to (written abstract and para. 32) an accessory (e.g. umbrella body 26, as shown in figs. 1-6).
For the reasons set forth in the rejection of claim 24, supra, it would have been obvious to apply a Quinn clip 28 device upon an upper edge of the aforementioned vertical portion of Chen’s cloth body 11.
Kane teaches the concept of providing a connector (e.g. clamping assembly 14) on a seat bottom (e.g. edge portions of surfaces, as discussed in written abstract and at para. 5; also note that per para. 5, the assembly is intended to be attached to an outdoor patio chair as desired) configured to removably couple (para. 1) an accessory (e.g. drink holder system 10, as shown in figs. 1-4 and 7).
For the reasons set forth in the rejection of claim 24, supra, it would have been obvious to apply a Kane clamping assembly 14 (and its associated drink holder system 10) upon an edge of the aforementioned horizontal portion of Chen’s cloth body 11 and/or armrests 6.
Chen also does not disclose a cover removably coupleable to the foldable chair (aforementioned assembly shown in figs. 1-9), the cover comprising a) a first cover portion removably coupleable to a seat bottom (aforementioned horizontal portion of cloth body 11) comprising a first sleeve pocket extending over at least a portion of the seat bottom (aforementioned horizontal portion of cloth body 11), and b) a second cover portion removably coupleable to a seat back (aforementioned vertical portion of cloth body 11) having a second sleeve pocket extending over at least a portion of the seat back (aforementioned vertical portion of cloth body 11).
Goddard teaches the concept of providing a cover (200, as shown in fig. 6) removably coupleable to (figs. 6-8) a foldable (col. 4, lines 46-52) chair (e.g. chaise lounge 210, as shown in fig. 6), the cover (200) comprising: a) a first cover portion (e.g. horizontal portion of cover 200, as shown in figs. 6 and 8) removably coupleable to (e.g. via pocket 232, as shown in fig. 8) a seat bottom (e.g. horizontal portion of chaise lounge 210, as shown in fig. 6) comprising a first sleeve pocket (232, as shown in fig. 8) extending over at least a portion (fig. 8) of the seat bottom (aforementioned horizontal portion of chaise lounge 210), and b) a second cover portion (e.g. vertical portion of cover 200, as shown in figs. 6-7) removably coupleable to (e.g. via pocket 230, as shown in fig. 7) a seat back (e.g. vertical portion of chaise lounge 210, as shown in fig. 6) having a second sleeve pocket (230, as shown in fig. 7) extending over at least a portion (fig. 7) of the seat back (aforementioned vertical portion of chaise lounge 210).
Given that Chen and Goddard both concern a lounge chairs with vertical and horizontal portions (see Chen fig. 6 and Goddard fig. 6), with Goddard teaching the additional feature of a protective cover for such a chair, it would have been obvious to a person of ordinary skill in the art before the effective filing date to provide a series of Goddard covers 200 capable of being coupled to the Chen chair assembly, in order to provide the benefit of protecting the Chen chair assembly from moisture and oil, and to provide decorations as desired, as taught by Goddard (see col. 4, lines 52-57 and col. 4, lines 16-21).
Regarding claim 37, Chen in view of Quinn and further in view of Kane and Goddard discloses the foldable chair of claim 36, wherein the cover (Goddard 200) is a plurality of covers (see the modification set forth in the rejection of claim 36, supra), each having a different design (see the modification set forth in the rejection of claim 36, supra).
Regarding claim 42, Chen in view of Quinn and further in view of Kane and Goddard discloses the foldable chair of claim 36, wherein the foldable chair (Chen assembly shown in figs. 1-9) further comprises of a pair (Chen fig. 1) of arm rests (Chen 6), wherein one or both of the arm rests (Chen 6) include a connector (Kane 14; see the modification set forth in the rejection of claim 36, supra) configured to couple to (Kane para. 1) a cup holder (e.g. drink holder discussed at Kane para. 6, which can also carry cups).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637