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 § 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.
Claim(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simon et al (2017/0208952 A1). Simon et al. shows the use of a seat (6,8) comprising: a chassis having a seating surface (24), a backrest (26), and an armrest (Fig. 1A); and a working attachment (14) fixedly secured to the chassis and the working attachment includes a horizontal tube (62) extending horizontally and laterally outwardly away from the chassis and a vertical tube (68) extending perpendicular to the horizontal tube spacing the vertical tube out of contact with the armrest (Fig. 1A). The working attachment including a worksurface (52), the worksurface having a first position in which the worksurface is positioned at a height above a top surface of the armrest on a first side of the armrest (Figs. 1A-1B) such that the worksurface is positioned over the seating surface, the worksurface having a second position in which the worksurface is positioned on a second side of the armrest opposite of the first side (see Fig. 1A). Regarding claims 2-3, the working attachment includes a horizontal support (154) and a vertical section (84) , the vertical section defining a first axis of rotation (Fig. 5), the horizontal support section extending perpendicular to the vertical section, including a support coupling (102) that is pivotally coupled to the worksurface. The worksurface rotates relative to the support section about a second axis of rotation (122) that extends through the support coupling and is parallel (although they are colinear) to the first axis of rotation (see para[0036]). Regarding claim 4, the chassis includes a mount (34), the mount defining a receiver that selectively receives a first portion of a mounting shaft (42), the working attachment selectively receiving a second portion of the mounting shaft (Fig. 1A), the mounting shaft fixedly securing the working attachment to the chassis. Regarding claims 6-7, the vertical tube (68) defines a central longitudinal axis the first axis of rotation being coaxial with the central longitudinal axis and vertical section is rotatably fixed with the vertical tube and disposed therein ( see para[0036]).
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simon et al in view of Goetz et al (2005/0029849 A1). Simon et al. shows all of the teachings of the claimed invention except the use of a vertical section that can translate in and out of the vertical tube. Goetz et al. has disclosed the at the vertical section (68) of a working attachment that can translate into and out of the vertical tube (56), via a linear actuator i.e. a pneumatic shock absorber or movable within between a first and second position and clamped in position (see para[0045], [0048]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the working attachment of Simon et al. with the teachings of Goetz et al, in order to provide more functional use positions for different size occupants.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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September 01, 2026
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