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 .
Election/Restrictions
Applicant’s election without traverse of Species I as represented by figures 1A- 1B, 2, 3A-3B, 5, 7 A, 8A-8B, 9, 10A, 10B, 11A-11B, 12 and Subspecies A as represented by figures 4A-4B. The elected species are encompassed by claims 1, 2, 4, 5, 8-10, 13, 17, 19, and 20 in the reply filed on 1/30/2026 is acknowledged.
Remarks
This communication is in response to Application No. 18/747,751 filed on 06/19/2024, and the reply received 1/30/2026.
It is noted that claim 12 is withdrawn and claim 13 is listed as original but depends from claim 12 and as such is considered withdrawn.
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Claims 1, 2, 4, 5, 8-10, 17, 19, and 20 are currently pending and have been examined. Claims 3, 6-7, 11-16, 18 are withdrawn.
Information Disclosure Statement
No IDS is of record at the time of examination.
Drawings
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 subject matter of claim 19 (“…wherein the coupling section is configured to couple to a coupling side of each of the plurality of modules except for the last module and the support section is configured to support each of the plurality of modules except for the first module on an opposing side or an adjacent side to the coupling side of the plurality of modules…”) 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 acceptable.
The title of the invention is acceptable.
Claim Objections
Claims 5, 11, and 14 are objected to because of the following informalities: the use of a dash in the claim body. Appropriate correction is required.
Claim Interpretation Under 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
The following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f): "mechanism for," "module for," "device for," "unit for," "component for," "element for," "member for," "apparatus for," "machine for," or "system for." See MPEP 2181.I.A.
Such claim limitation(s) in the instant application is/are:
Claim 20 “wherein at least one of the support section and the coupling section comprises an anti-rotation means”.
The presumption that 35 U.S.C. 112(f) does not apply to a claim limitation that does not use the term "means" is overcome when "the claim term fails to 'recite sufficiently definite structure' or else recites 'function without reciting sufficient structure for performing that function.' The following three prong analysis is used:
a) Does the claim limitation use the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function?
Yes. The term “means” is/are considered non-structural terms having no specific structural meaning = generic placeholder.
b) Is the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"?
Yes. The generic placeholder is modified by functional language “anti-rotation”.
c) Is the term "means" or "step" or the generic placeholder modified by sufficient structure, material, or acts for performing the claimed function?
No. Claim 20 does not recite sufficient structure, material, or acts for performing the claimed function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The “anti-rotation means” in claim 20 is interpreted per the specification at [0131] as “…[a]ccordingly, the anti-rotation means can include any means that prevents the rotation of the leg module 40 relative to the given module when coupled together and/or relative to the adjacent module supported by the support section 44a….” (Emphasis added).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 19-20 is/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 pre-AIA the applicant regards as the invention.
As to claim 19, the recitation “..wherein the coupling section is configured to couple to a coupling side of each of the plurality of modules except for the last module and the support section is configured to support each of the plurality of modules except for the first module on an opposing side or an adjacent side to the coupling side of the plurality of modules; and wherein the support section is uncoupled from the opposing side or the adjacent side of the plurality of modules” is indefinite as it is unclear what is being claimed as it is unclear how a support section can be configured to support while simultaneously being required to not support while a coupling section is required to couple to each module but not couple to a specific module.
Claim 20 is rejected via dependency.
NOTE: any prior art rejection provided below is made as best understood in view of the 35 U.S.C. 112(b) issues above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 8, 10, 17 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US 2024/0156271 A1, hereinafter D1.
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As to claim 1.
D1 discloses a method of assembling a modular seating assembly (compare figs. 26A and 26B, variously figs. 26A to 43), the method comprising:
providing at least one leg module (see annotated figures 30 and 41) comprising a leg portion (2720 in fig. 30) and a flange (2705 in fig. 30) mounted to the leg portion (fig. 30 shows mounted state, fig. 27 shows assembly), wherein the flange (referring to fig. 27) has a top surface (see annotated figure 27) comprising a coupling section (see annotated figure 27) and a support section (see annotated figure 27) extending in opposite directions (each section on opposing sides of 2710);
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providing at least two modules (2740A and 2740B in fig. 30) engageable with each other (compare figs. 30 and 31), wherein the at least two modules comprises at least one seat module ([0103] The joining plate 2705 may be used to connect two couch sections);
coupling the coupling section of the flange to an underside of a first one of the at least two modules (fig. 29);
engaging the first one of the at least two modules with a second one of the at least two modules (see annotated figure 30),
wherein the second one of the at least two modules is supported by the support section (see annotated figure 31).
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As to claim 2.
D1 discloses the method of claim 1, and further discloses
wherein the at least one leg module comprises at least four leg modules (see annotated figure 43 where circled portions represent leg modules);
wherein the at least two modules comprise a first end module (see annotated figure 43 referring to A), a second end module (see annotated figure 43 referring to E), a first seat module (see annotated figure 43 referring to B), a corner seat module (see annotated figure 43 referring to C), and a third seat module (see annotated figure 43 referring to D);
wherein coupling the coupling section of the flange to the underside of the first one of the at least two modules comprises coupling the coupling section of at least one of the at least four leg modules to a second side of the first end module (figs. 30 to 32 are exemplary of the connection between sections, i.e. 2740A and 2740B), a second side of the first seat module figs. 30 to 32 are exemplary of the connection between sections, i.e. 2740A and 2740B , a second side of the third seat module figs. 30 to 32 are exemplary of the connection between sections, i.e. 2740A and 2740B, and a front side of the corner seat module figs. 30 to 32 are exemplary of the connection between sections, i.e. 2740A and 2740B; and
wherein engaging the first one of the at least two modules with the second one of the at least two modules (figs. 30 to 32 are exemplary of the connection between sections, i.e. 2740A and 2740B) comprises:
engaging the second side of the first end module (A) with a first side of the first seat module (B, fig. 43 shows assembled state), wherein the support section of the leg module coupled to the second side of the first end module provides support to the first side of the first seat module (coupling as in figs. 30-32);
engaging the second side of the first seat module (B) with a first side of the corner seat module (C, see fig. 43), wherein the support section of the leg module coupled to the second side of the first seat module provides support to the first side of the corner seat module (figs. 30 to 32 are exemplary of the connection between sections);
engaging the front side of the corner seat module (C) with a first side of the third seat module (D), wherein the support section of the leg module coupled to the front side of the corner seat module provides support to the first side of the third seat module (figs. 30 to 32 are exemplary of the connection between sections); and
engaging the second side of a last seat module with a first side of the second end module (fig. 43), wherein the support section of the leg module coupled to the second side of the last seat module provides support to the first side of the second end module (fig. 43).
As to claim 4.
D1 discloses the method of claim 2, and further discloses further comprising:
providing a fourth seat module, wherein the last seat module is the fourth seat module (see explanation for claim 2);
coupling the coupling section of at least one of the at least four leg modules to an underside of a second side of the fourth seat module (coupling as in figs. 30-32); and
after coupling the at least four leg modules and while in an upright position, engaging the second side of the third seat module with the first side of the fourth seat module (fig. 43),
wherein the support section of the leg module coupled to the second side of the third seat module provides support to the first side of the fourth seat module (per figs. 30-32).
As to claim 5.
D1 discloses the method of claim 1, and further discloses
wherein the at least two modules comprise a first end module (see annotated figure 43 referring to A), a second end module (see annotated figure 43 referring to D), module a first seat module (see annotated figure 43 referring to B), and a second seat module (see annotated figure 43 referring to C);
wherein the at least one leg module comprises at least three leg modules (see annotated figure 43 where circled portions represent leg modules, pick three);
wherein the method further comprises coupling the coupling section of at least one of the at least three leg modules to an underside of a second side of the first end module (coupling shown in figs. 30-32), a second side of the first seat module (fig. 43 shows coupled state), and a second side of the second seat module (fig. 43); and
wherein engaging the first one of the at least two modules with the second one of the at least two modules comprises:
- engaging (refer to fig. 43) the second side of the first end module (A) with a first side of the first seat module (B), wherein the support section of the leg module coupled to the second side of the first end module provides support to the first side of the first seat module (fig. 32 shows coupled state);
- engaging the second side of the first seat module (B) with the first side of the second seat module (C), wherein the support section of the leg module coupled to the second side of the first seat module provides support to the first side of the second seat module (fig. 32 shows coupled state); and
- engaging a second side of a last seat module (D) with a first side of the second end module (C), wherein the support section of the leg module coupled to the second side of the last seat module provides support to the first side of the second end module (fig. 43).
As to claim 8.
D1 discloses the method of claim 5, and further discloses further comprising:
providing a third seat module (E), wherein the last seat module is the third seat module (fig. 43);
coupling the coupling section of at least one of the at least three leg modules to an underside of a second side of the third seat module (circled portion in fig. 43);
after coupling the at least one leg module and while in an upright position (fig. 43):
engaging the second side of the second seat module (C) with a first side of the third seat module (fig. 43), wherein the support section of the leg module coupled to the second side of the second seat module provides support to the first side of the third seat module (fig. 43).
As to claim 10.
D1 discloses the method of claim 1, and further discloses wherein the at least one leg module comprises at least two leg modules (see annotated figure 43 where leg modules are circled) and wherein the at least two modules comprises at least three modules including a first module (see annotated figure 43 referring to any of A-E), a second module (see annotated figure 43 referring to any other of A-E), and a third module (see annotated figure 43 referring to any of A-E different from the previously chosen ones);
wherein coupling the coupling section of the flange to the underside of the first one of the at least three modules comprises coupling the flange of each of the at least three leg modules to a second side of the first module and a second side of the second module (fig. 43); and
wherein the first one of the at least three modules with the second one of the at least three modules comprises engaging adjacent ones of the at least three modules with each other (fig. 43 shows module engagement), wherein a first side of the second module and a first side of the third module are supported by a given one of the at least two leg modules coupled to the first module and the second module (represented as circled portions in annotated fig. 43), respectively.
As to claim 17.
D1 discloses a method of assembling a modular seating assembly, the method comprising: providing a plurality of modules (A-E in annotated fig. 43), the plurality of modules including at least two seat modules (any two of A-E) and a plurality of leg modules (represented as circled portion in annotated fig. 43), wherein the plurality of modules includes a first module and a last module (select accordingly from A-E in annotated fig. 43);
coupling a given one of the plurality of leg modules to a coupling side of each of the plurality of modules except for the last module (fig. 43);
after coupling the leg modules to the plurality of modules except for the last module and while in an upright position, engaging an opposing side or an adjacent side to the coupling side of each of the plurality of modules except for the first module with the coupling side of an adjacent one of the plurality of modules except for the last module (fig. 43).
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 of this title, 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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1.
As to claim 9.
D1 does not explicitly disclose:
wherein the at least two modules comprise a first end module, a second end module, a first seat module, a second seat module, a corner seat module, and a fourth seat module;
wherein the at least one leg module comprises at least five leg modules; wherein coupling the coupling section of the flange to the underside of the first one of the at least two modules comprises coupling the coupling section of at least one of the at least five leg modules to the underside of a second side of the first end module, a second side of the first seat module, a second side of the second seat module, a second side of the fourth seat module, and a front side of the corner seat module; and
wherein engaging the first one of the at least two modules with the second one of the at least two modules comprises:
engaging the second side of the first end module with a first side of the first seat module, wherein the support section of the leg module coupled to the second side of the first end module provides support to the first side of the first seat module; engaging the second side of the first seat module with a first side of the second seat module, wherein the support section of the leg module coupled to the second side of the first seat module provides support to the first side of the second seat module;
engaging the second side of the second seat module with a first side of the corner seat module, wherein the support section of the leg module coupled to the second side of the second seat module provides support to the first side of the corner seat module;
engaging the front side of the corner seat module with a first side of the fourth seat module, wherein the support section of the leg module coupled to the front side of the corner seat module provides support to the first side of the fourth seat module; and
engaging a second side of a last seat module with the first side of the second end module, wherein the support section of the leg module coupled to the second side of the last seat module provides support to the first side of the second end module.
However, it is noted that D1 is directed to a modular system and teaches that with different quantities and combinations of universal bases, joining plates, legs, T-shaped panels and cushions, a wide variety of seating configurations including armless and backless styles, sectionals and chaise styles may be achieved, as in FIG. 43 ([0125]). The quantities and combination permit multiple seating modules in multiple configurations ([0063]).
An invention is obvious if chosen from a finite number of identified, predictable solutions, with a reasonable expectation of success, aka “obvious to try”. The prior art of D1 explains that with different quantities and combinations of universal bases, joining plates, legs, T-shaped panels and cushions, a wide variety of seating configurations including armless and backless styles, sectionals and chaise styles may be achieved (see e.g. fig. 43).
Therefore it would be obvious to one of ordinary skill in the art to use the teachings of D1 to provide the arrangement of modules as in claim 9 as it would be obvious to try such an arrangement if that was what was desired.
Conclusion
The prior art made of record on the attached PTOL-892 and not relied upon is considered pertinent to applicant's disclosure as each further discloses a state of the art.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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, SPE Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/Primary Examiner, Art Unit 3673 30 March 2026