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 1-23 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.
Claims 1, 10, and 16 introduce “a plurality of first apertures” and “a second plurality of apertures.” As the claims subsequently refer to “the first plurality of apertures” and “the second plurality of apertures,” they have been treated in this manner (i.e. simply two separate groups of apertures), but the current language is indefinite (i.e. “a second plurality” implies the existence of a first plurality, which technically has not been claimed; “the first plurality of apertures” lacks antecedent basis, etc.).
Claim 1 recites the limitation "the fasteners" in line 11. There is insufficient antecedent basis for this limitation in the claim. Is it intended to refer to “the plurality of fasteners?”
Claim 1 recites the limitation "the plurality of apertures" in 11. It is unclear if this is intended to refer to the first or second plurality, or another group altogether.
Claim 10 recites “the inner shell being curved” in lines 6-7. This duplicates language from lines 3-4; does Applicant intend it to read - - the outer shell - - ?
Claim 10 recites the limitation "the fasteners" in line 10. There is insufficient antecedent basis for this limitation in the claim. Is it intended to refer to “the plurality of quick connect fasteners?”
Claim 10 recites the limitation "the plurality of apertures" in 10. It is unclear if this is intended to refer to the first or second plurality, or another group altogether.
Claim 16 recites “the inner shell being curved” in lines 4-5. This duplicates language from lines 2-3; does Applicant intend it to read - - the outer shell - - ?
Claim 16 recites the limitation "the plurality of fasteners" in line 8. There is insufficient antecedent basis for this limitation in the claim. While this language would typically be assumed to refer to the “plurality of quick connect fasteners” previously introduced, given the similar issues in the other independent claims, clarification from Applicant is requested.
Claim 20 recites the limitation "the plurality of fasteners" in line 1. There is insufficient antecedent basis for this limitation in the claim much as explained above for claim 16.
Claim 21 recites the limitation "the first shell" and “the second shell.” There is insufficient antecedent basis for these limitations in the claim (they are named inner and outer shells in claim 16).
Claims 2-9, 11-15, and 17-23 are deemed indefinite because they are dependent on an indefinite claim.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 5-8, 10, 11, 14, 16-18, 21, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Battey et al. (US Patent Application Publication Number 2020/0345142).
Regarding claim 1, Battey discloses a chair component, comprising: a first shell (200, optionally 258 and/or 290) including a plurality of first apertures spaced across the first shell (there are multiple apertures for receiving 286; see figures), the first shell being curved (the members are curved; see Figures 20, etc.); a second shell (216; optionally 256) including a second plurality of apertures spaced across the second shell (apertures at 266, 272), the second shell being curved (see again at least Figures 20); and a plurality of fasteners (286) configured to extend into the first plurality of apertures and the second plurality of apertures; wherein at least some of the apertures of the first plurality of apertures of the first shell or at least some of the apertures of the second plurality of apertures of the second shell are elongated (at least those at 266, 272) and wherein the plurality of apertures of the other of the first shell or the second shell are substantially round (at least those of 200, 276, 290), and wherein the fasteners of the plurality of apertures received within the elongated apertures are configured to slide along a length of the elongated apertures as the first and second shells are pressed together and the plurality of fasteners extend into the first plurality of apertures and the second plurality of apertures (286 slides within 266, 272 in use; see Figures 23-24 and paragraph 131, etc.).
Regarding claim 2, Battey further discloses the first shell is curved across a width of the first shell and the second shell is curved across a width of the second shell (see again at least Figures 20).
Regarding claim 5, Battey further discloses the plurality of fasteners includes quick connect fasteners (the bolts would be viewed as such).
Regarding claim 6, Battey further discloses the first shell includes an inner shell that includes the apertures that are substantially round, and wherein the second shell includes an outer shell that includes the apertures that are elongated (the shells could be defined in this manner; i.e. inner and/or outer relative to various other components and/or based on user perspective).
Regarding claims 7 and 8, Battey further discloses the first plurality of apertures extends entirely through the first shell, and the second plurality of apertures extends entirely through the second shell (at least entirely through 216, 256, 258, 290 for instance).
Regarding claim 10, Battey discloses a chair component, comprising: an inner shell (200, optionally 258 and/or 290) including a plurality of first apertures spaced across the inner shell where at least some of the apertures of the first plurality of apertures are substantially round (there are multiple round apertures for receiving 286; see figures), the inner shell being curved (see Figures 20); an outer shell (216; optionally 256) including a second plurality of apertures spaced across the outer shell where at least some of the apertures of the second plurality of apertures are elongated (at least those at 266, 272), the inner shell being curved (see Figures 20; note that regarding the inner/outer distinction, the shells could be defined in this manner; i.e. inner and/or outer relative to various other components and/or based on user perspective); and a plurality of quick connect fasteners (286, which are viewed as quick connect as they could function as such) extending into the first plurality of apertures and the second plurality of apertures (see Figures 23-24); wherein the fasteners of the plurality of apertures received within the elongated apertures are configured to slide along a length of the elongated apertures as the first and second shells are pressed together and the plurality of fasteners extend into the second plurality of apertures (286 slides within 266, 272 in use; see Figures 23-24 and paragraph 131, etc.).
Regarding claim 11, Battey further discloses the inner shell is curved across a width of the inner shell and the outer shell is curved across a width of the outer shell (see at least Figures 20).
Regarding claim 14, Battey further discloses the first plurality of apertures extends entirely through the first shell and second plurality of apertures extend through the second shell (at least entirely through 216, 256, 258, 290 for instance).
Regarding claim 16, Battey discloses a chair component, comprising: an inner shell (200, optionally 258 and/or 290) including a plurality of first apertures spaced across the inner shell (there are multiple apertures for receiving 286; see figures), the inner shell being curved (see Figures 20); an outer shell (216; optionally 256) including a second plurality of apertures spaced across the outer shell (apertures at 266, 272), the inner shell being curved (see Figures 20; note that regarding the inner/outer distinction, the shells could be defined in this manner; i.e. inner and/or outer relative to various other components and/or based on user perspective); and a plurality of quick connect fasteners (286, which are viewed as quick connect as they could function as such) extending into the first plurality of apertures and the second plurality of apertures; wherein at least a portion of the plurality of fasteners are configured to slide along a length of at least some of the second plurality of apertures while remaining stationary along a length of at least some of the first plurality of apertures as the first and second shells are pressed together and the plurality of fasteners extend into the second plurality of apertures (286 slides within 266, 272 in use; see Figures 23-24 and paragraph 131, etc.).
Regarding claim 17, Battey further discloses at least some of the second plurality of apertures are elongated, and wherein the at least some of the first plurality of fasteners are round (apertures at least at 266, 272 are elongated, while those of 200, 276, 290 are round).
Regarding claim 18, Battey further discloses the inner shell is curved across a width of the inner shell and the outer shell is curved across a width of the outer shell (see again at least Figures 20).
Regarding claim 21, Battey further discloses the first plurality of apertures extends entirely through the first shell and second plurality of apertures extend through the second shell (at least entirely through 216, 256, 258, 290 for instance).
Regarding claim 22, Battey further discloses the chair component comprises a chair back (see figures).
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.
Claim(s) 3, 4, 9, 12, 13, 15, 19, 20, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Battey.
Regarding claims 3, 4, 12, and 19 Battey discloses a chair component as explained above but may not clearly disclose variation in aperture length. Changes in size and shape, and the inclusion of components of differing dimension, requires only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide elongated apertures of varying length as claimed based on normal variation to improve function, comfort, or support for various users.
Regarding claim 13, Battey discloses a chair component as explained above including a cushion (at least 362) attached to the inner and/or outer shell, but may not clearly disclose the arrangement as claimed. Rearrangement of components requires only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the arrangement as claimed based on normal variation to improve function, comfort, or support for various users. Note that simply a reversal of the fastening arrangement would provide the arrangement claimed.
Regarding claim 20, Battey discloses a chair component as explained above but does not specifically disclose Christmas tree-type fasteners. Fastener variation is a routine design choice and Christmas tree-type fasteners are old and well-known in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Christmas tree-type fasteners as claimed based on normal variation to improve function, cost, or assembly for various users.
Regarding claims 9, 15, and 23, Battey discloses a chair component as explained above but may not explicitly provide a method of assembly. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to assemble the component as claimed because the normal assembly would include the steps as set forth.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because they provide examples of related chairs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHILIP F GABLER/ Primary Examiner, Art Unit 3636