February 17, 2026
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “3” has been used to designate both the “backrest bracket 3” in Figures 1-3 and perhaps the base in Fig. 4. However, the “base” has been labeled with reference character “4” in Figures 1-3. Does reference character “3” appear in the correct place in Fig. 4 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. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “transmission device” in claim 1 and “the receiving slot” in claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The abstract of the disclosure is objected to because Applicant uses the word “invention” which is improper language for the Abstract.. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-12 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.
In claims 1-12, Applicant uses the language “characterized by” in Claim 1 and “characterized in that” in Claims 2-12, which is improper claim language.
In claim 1, lines 13-14, “the lower end of the upper backrest” lacks antecedent basis. On line 14, “the angle between the upper backrest and the lower backrest” lacks antecedent basis.
In claim 2, line 3, “the lower end of the upper backrest” lacks antecedent basis. On lines 4-5, “rotational connection point” (2 instances) lacks antecedent basis. On line 6, “the lower end of the lower backrest” lacks antecedent basis. On lines 6-7, “the upper end of the lower backrest” lacks antecedent basis. On line 7, “the lower end of the upper backrest” lacks antecedent basis. On line 9, “the lower end of the upper backrest” lacks antecedent basis. . On line 10, “the upper end of the lower backrest” lacks antecedent basis. On line 11, “the lower end of the lower backrest” lacks antecedent basis.
In claim 3, line 3, “the upper end of the main rod” lacks antecedent basis. On line 4, “the lower end of the main rod” lacks antecedent basis. On line 7, “the upper end of the upper backrest” lacks antecedent basis. On line 8, “the lower end of the lower backrest” lacks antecedent basis.
In claim 4, lines 4-5, “the rotational range of the second connecting rod” lacks antecedent basis. Nowhere in claim 3 has Applicant defined that “the second connecting rod” is “rotational” or that “the second connecting rod” rotates.
In claim 6, line 5, “the upper end of the second connecting rod” lacks antecedent basis. On line 6, “the other end of the first connecting rod” ” lacks antecedent basis. On lines 6-7, “the lower end of the second connecting rod” lacks antecedent basis. On line 8, “the upper end of the second connecting rod” lacks antecedent basis. On line 9, “the front end of the rotating member” lacks antecedent basis. On line 10, “the rear end of the rotating member” lacks antecedent basis.
In claim 9, lines 3-4, “the left and right sides of the rear part of the base” lacks antecedent basis. On line 4, “ the front end of the horizontal section” and “the rear end of the base” lack antecedent basis. On line 5“the left and right sides of the upper end of the middle position of the horizontal section;” lacks antecedent basis. On line 5, “the upper end of the middle position of the horizontal section” lacks antecedent basis. On line 5, “the middle position of the horizontal section” lacks antecedent basis.
In claim 10, lines 2-5, “base seat member” (3 instances”) lacks antecedent basis.
In claim 11, lines 4-5, “the lower end of the upper backrest frame” lacks antecedent basis. On line 5, “the upper end of the backrest bracket” lacks antecedent basis.
In claim 12, “the upper end of the transfer rod” lacks antecedent basis.
The aforementioned problems render the claims vague and indefinite. Clarification and/or correction is required.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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The following is a statement of reasons for the indication of allowable subject matter: While Hsuan-Chin (U.S. Patent No. 8,272,691 B2) teaches a chair comprising: an upper backrest 22, a lower backrest 23, a backrest bracket 5, and a base 1, wherein the backrest bracket is rotatably mounted on the base, 1 the upper backrest is rotatably mounted on the backrest bracket, and the lower backrest is rotatably connected to the upper backrest (see Fig. 6 above and the specification at column 3, lines 46-49 where it reads “The lower-back supporting portion 23 is pivotally connected to the lower end of the upper-back supporting portion 22 and is hence allowed to swing freely”); Hsuan-Chin fails to teach transfer rod and a transmission device are also provided between the upper backrest and the base, with two ends of the transfer rod rotatably connected to the upper backrest and the transmission device, respectively; wherein when the backrest bracket tilts backward, under the action of the transmission device, the transfer rod moves relative to the backrest bracket. The “resilient supporting unit 3” which could be considered the equivalent of the “transfer rod” in the present invention, is pivotally connected to the lower end of the backrest bracket 5 or to the base 1 and the lower end of the lower backrest section unlike the present invention where the transfer rod and a transmission device are provided between the upper backrest and the base. Wu (U.S. Patent Nos. 6,945,601 B1 and 11,617,445 B2) also teach similar chairs comprising upper and lower backrests, the lower backrest is rotatably connected to the upper backrest. But neither patent teaches a transfer rod and a transmission device are also provided between the upper backrest and the base, with two ends of the transfer rod rotatably connected to the upper backrest and the transmission device, respectively; wherein when the backrest bracket tilts backward, under the action of the transmission device, the transfer rod moves relative to the backrest bracket, as disclosed in the present invention
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it teaches structures and concepts similar to those of the present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rodney B. White whose telephone number is (571)272-6863. The examiner can normally be reached 8:30 AM-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David R. Dunn can be reached at (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Rodney B White/Primary Examiner, Art Unit 3636