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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “the base 102” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-5, 7-13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 12082698) in view of Miller (US 10021979).
As concerns claim 1, Liu teaches a powered furniture piece (Liu, fig. 1: 100), comprising: a framework (Liu, fig. 1: 104); a pair of oppositely disposed seat plates (Liu, fig. 3: 174), mounted upon said framework (Liu, fig. 1: 104), for mounting a seat (Liu, column 2, lines 18-23) thereon; a pair of oppositely disposed footrest mounting brackets (Liu, fig. 12: 238 and 250), operatively connected to said pair of oppositely disposed seat plates (Liu, fig. 3: 174), for mounting a footrest (Liu, column 2, lines 18-23) thereon; a pair of oppositely disposed backrest mounting brackets (Liu, fig. 1: 162), operatively connected to said pair of oppositely disposed seat plates (Liu, fig. 3: 174), for mounting a backrest (Liu, column 2, lines 18-23) thereon; and a pair of linear actuators (Liu. Fig. 3: 108 and 110) operatively connected to said framework (Liu, fig. 1: 104) in reverse/opposite orientations wherein a first one of said pair of linear actuators (Liu. Fig. 3: 110) has its motor end (Liu, column 5, lines 33-36) and its extensible rod end (Liu, Fig. 3: 173), while a second one of said pair of linear actuators (Liu. Fig. 3: 108) has its motor end (Liu, column 5, lines 4-6) and its extensible rod end (Liu. Fig. 5: 161), whereby when said pair of linear actuators (Liu. Fig. 3: 108 and 110) are actuated in predetermined manners, said powered furniture piece (Liu, fig. 1: 100) can achieve different positions/orientations/states (Liu, column 2, line 67 through column 3, lines 1-4) comprising a SEATED position/orientation/state (Liu, shown in fig. 10), a TV position/orientation/state (Liu, shown in fig. 12), a ZERO-GRAVITY position/orientation/state (Liu, shown in fig. 13), a LIFT position/orientation/state (Liu, shown in fig. 11), and a backrest (Liu, column 2, lines 18-23) RECLINED position/orientation/state (Liu, shown in fig. 1).
Liu fails to show the linear actuators arranged in the opposite directions as claimed.
Miller teaches a chair comprising two actuators, wherein Miller teaches that the drive/actuators can be mounted in either direction, column 8, lines 25-32, “It will be obvious to the skilled artisan that other known ways can be used for attaching a powered drive to the bracket 22 or to the seat frame 10 at some point along its length in an operable manner, and also that it is possible to orient a powered drive in an opposite manner such that a base of the powered drive attaches to the bracket 22 or the seat frame 10 and the movable component 63 attaches to the structural arm 28.”
Miller teaches that the actuators for reclining chair mechanisms can be mounted in either orientation, and that reversing the actuator (mounting the motor end to either the chair frame or the base and the rod end to the opposite component) is a routine design choice.
Therefore, it would have been obvious to one of ordinary skill in the art, in view of Miller, to modify the actuator arrangement of Liu to use actuators in reverse/opposite orientations as recited in claim 1, with a reasonable expectation of success.
As concerns claim 2, Liu teaches said second one of said pair of linear actuators (Liu. Fig. 3: 108) is retracted, said furniture piece (Liu, fig. 1: 100) is disposed at a TV position/orientation/state (Liu, shown in fig. 12) wherein said seat (Liu, column 2, lines 18-23) is disposed within a substantially horizontal plane (Liu, column 13, lines 7-8), said footrest (Liu, column 2, lines 18-23) is extended, and said backrest (Liu, column 2, lines 18-23) is disposed upright (Liu, column 13, lines 9-10).
As concerns claim 3, Liu teaches said second one of said pair of linear actuators (Liu. Fig. 3: 108) is retracted (Liu, column 10, lines 21-23) further, said furniture piece (Liu, fig. 1: 100) is disposed at a ZERO-GRAVITY position/orientation/state (Liu, shown in fig. 13) wherein said seat (Liu, column 2, lines 18-23) is reclined (Liu, shown in fig. 1) with a rear portion of said seat (Liu, column 2, lines 18-23) being disposed at an elevation which is lower than a front portion of said seat (Liu, column 2, lines 18-23), and wherein said footrest (Liu, column 2, lines 18-23) is disposed at a higher elevation than that of said seat (Liu, column 2, lines 18-23).
As concerns claim 4, Liu teaches said second one of said pair of linear actuators (Liu. Fig. 3: 108) is extended (Liu, column 11, line 44), said furniture piece (Liu, fig. 1: 100) is disposed at a LIFT position/orientation/state (Liu, shown in fig. 11) wherein said furniture piece (Liu, fig. 1: 100), comprising said footrest (Liu, column 2, lines 18-23), said seat (Liu, column 2, lines 18-23), and said backrest (Liu, column 2, lines 18-23), is elevated to an elevational level which is significantly above (Liu, column 11, lines 17-25) where said furniture piece (Liu, fig. 1: 100) is disposed when said furniture piece (Liu, fig. 1: 100) is disposed at said SEATED position/orientation/state (Liu, shown in fig. 10).
As concerns claim 5, Liu teaches said first one of said pair of linear actuators (Liu. Fig. 3: 110) is retracted (Liu, column 11, lines 32-33), said backrest (Liu, column 2, lines 18-23) of said furniture piece (Liu, fig. 1: 100) is disposed at a RECLINED position/orientation/state (Liu, shown in fig. 1).
As concerns claim 7, Liu teaches said pair of oppositely disposed footrest mounting brackets (Liu, fig. 12: 238 and 250) are operatively connected to said pair of oppositely disposed seat plates (Liu, fig. 3: 174) by a plurality of linkage members (Liu, fig. 1: 106).
As concerns claim 8, Liu teaches said furniture piece (Liu, fig. 1: 100) is selected from the group comprising a chair, a love seat, and a sofa (Liu, column 1, lines 15-17).
As concerns claim 9, Liu teaches a powered furniture piece, comprising: a framework (Liu, fig. 1: 104) including a transversely extending rear cross-member (Liu, fig. 1: 118); a pair of oppositely disposed seat plates (Liu, fig. 3: 174), mounted upon said framework (Liu, fig. 1: 104), for mounting a seat (Liu, column 2, lines 18-23) thereon; a pair of oppositely disposed footrest mounting brackets (Liu, fig. 12: 238 and 250), operatively connected to said pair of oppositely disposed seat plates (Liu, fig. 3: 174), for mounting a footrest (Liu, column 2, lines 18-23) thereon; a pair of oppositely disposed backrest mounting brackets (Liu, fig. 1: 162), operatively connected to said pair of oppositely disposed seat plates (Liu, fig. 3: 174), for mounting a backrest (Liu, column 2, lines 18-23) thereon; a first transversely extending cross-tube (Liu, fig. 1: 168) mounted near said pair of oppositely disposed backrest mounting brackets (Liu, fig. 1: 162); a second transversely extending cross-tube (Liu, fig. 3: 196) mounted upon central portions of said pair of oppositely disposed seat plates (Liu, fig. 3: 174); a third transversely extending cross-tube (Liu, fig. 1: 156) operatively mounted upon central portions of said oppositely disposed seat plates (Liu, fig. 3: 174); and a pair of linear actuators (Liu. Fig. 3: 108 and 110) operatively connected to said framework (Liu, fig. 1: 104) in reverse/opposite orientations wherein a first one of said pair of linear actuators (Liu. Fig. 3: 110) has its motor end (Liu, column 5, lines 33-36) and its extensible rod end (Liu, Fig. 3: 173), while a second one of said pair of linear actuators (Liu. Fig. 3: 108) has its motor end (Liu, column 5, lines 4-6) and its extensible rod end (Liu. Fig. 5: 161), whereby when said pair of linear actuators (Liu. Fig. 3: 108 and 110) are actuated in predetermined manners, said furniture piece (Liu, fig. 1: 100) can attain different positions/orientations/states (Liu, column 2, line 67 through column 3, lines 1-4) comprising a SEATED position/orientation/state (Liu, shown in fig. 10), a TV position/orientation/state (Liu, shown in fig. 12), a ZERO-GRAVITY position/orientation/state (Liu, shown in fig. 13), a LIFT position/orientation/state (Liu, shown in fig. 11), and a backrest (Liu, column 2, lines 18-23) RECLINED position/orientation/state (Liu, shown in fig. 1).
Liu fails to show the linear actuators arranged in the opposite directions as claimed.
Miller teaches a chair comprising two actuators, wherein Miller teaches that the drive/actuators can be mounted in either direction, column 8, lines 25-32, “It will be obvious to the skilled artisan that other known ways can be used for attaching a powered drive to the bracket 22 or to the seat frame 10 at some point along its length in an operable manner, and also that it is possible to orient a powered drive in an opposite manner such that a base of the powered drive attaches to the bracket 22 or the seat frame 10 and the movable component 63 attaches to the structural arm 28.”
Miller teaches that the actuators for reclining chair mechanisms can be mounted in either orientation, and that reversing the actuator (mounting the motor end to either the chair frame or the base and the rod end to the opposite component) is a routine design choice.
Therefore, it would have been obvious to one of ordinary skill in the art, in view of Miller, to modify the actuator arrangement of Liu to use actuators in reverse/opposite orientations as recited in claim 9, with a reasonable expectation of success.
As concerns claim 10, Liu teaches when said furniture piece (Liu, fig. 1: 100) is disposed at said SEATED position/orientation/state (Liu, shown in fig. 10), said seat (Liu, column 2, lines 18-23) is disposed within a substantially horizontal plane (Liu, column 13, lines 7-8), said footrest (Liu, column 2, lines 18-23) is retracted (Liu, column 13, lines 11-13), and said backrest (Liu, column 2, lines 18-23) is disposed upright (Liu, column 13, lines 9-10).
As concerns claim 11, Liu teaches when said furniture piece (Liu, fig. 1: 100) is disposed at said ZERO-GRAVITY position/orientation/state (Liu, shown in fig. 13), said seat is reclined with a rear portion of said seat being disposed at an elevation which is lower than a front portion of said seat, and wherein said footrest is disposed at a higher elevation than that of said seat (Liu, column 2, lines 26-35).
As concerns claim 12, Liu teaches when said furniture piece (Liu, fig. 1: 100) is disposed at said LIFT position/orientation/state (Liu, shown in fig. 11), said furniture piece (Liu, fig. 1: 100), comprising said footrest (Liu, column 2, lines 18-23), said seat (Liu, column 2, lines 18-23), and said backrest (Liu, column 2, lines 18-23), is elevated to an elevational level which is significantly above (Liu, column 11, lines 17-25) where said furniture piece is disposed when said furniture piece (Liu, fig. 1: 100) is disposed at said SEATED position/orientation/state (Liu, shown in fig. 10).
As concerns claim 13, Liu teaches when said backrest (Liu, column 2, lines 18-23) of said furniture piece (Liu, fig. 1: 100) is disposed at said RECLINED position/orientation/state (Liu, shown in fig. 1), said backrest (Liu, column 2, lines 18-23) is disposed at a reclined position/orientation/state (Liu, shown in fig. 1) relative to an upright position (Liu, column 13, lines 9-10).
As concerns claim 15, Liu teaches said at least one footrest mounting bracket (Liu, fig. 12: 238 and 250) is operatively connected to said seat (Liu, column 2, lines 18-23) by a plurality of linkage members (Liu, fig. 1: 106).
As concerns claim 16, Liu teaches said furniture piece (Liu, fig. 1: 100) is selected from the group comprising a chair, a love seat, and a sofa (Liu, column 1, lines 15-17).
As concerns claim 17, Liu teaches a first one of said pair of linear actuators (Liu. Fig. 3: 110) is extended (Liu, fig. column 11, lines 17-19), while a second one of said pair of linear actuators (Liu. Fig. 3: 108) is partially extended (Liu, column 11, line 44), said furniture piece (Liu, fig. 1: 100) is disposed in a SEATED position/orientation/state (Liu, shown in fig. 10) wherein said seat (Liu, column 2, lines 18-23) is disposed within a substantially horizontal plane (Liu, column 13, lines 7-8), said footrest (Liu, column 2, lines 18-23) is retracted (Liu, column 13, lines 11-13), and said backrest (Liu, column 2, lines 18-23) is disposed upright (Liu, column 13, lines 9-10).
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new ground of rejection. Miller has been relied upon as secondary reference in the above rejection to show the teaching of mounting actuators with their motor end oriented to opposite ends of the framework.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA K THOMPSON whose telephone number is (571)272-3620. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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JESSICA K THOMPSON
Examiner
Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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