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 § 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) 1-4, 9, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Egidio Marcantoni U.S. Patent Publication 2009/0079245 A1 (Marcantoni) in view of Fabio G. Delmestri U.S. Patent 8,662,588 B1 (Delmestri).
Regarding claim 1, Marcantoni discloses a lumbar support stretching device suitable for a seat (Figure 1), comprising a backrest frame (Figure 2 Element 5) , wherein the lumbar support stretching device further comprises an X frame connected with the assembly (Figure 5), the X frame stretches and retracts along a horizontal back-and-forth direction while the assembly moves, which provides stable and uniform support force for a lumbar and back region of a human body ([0025}). Marcantoni does not directly disclose the device to comprise a pneumatic assembly installed on the backrest frame and an X frame connected with the pneumatic assembly. Delmestri discloses a seat device having a planar surface that is adjusted to another planar surface comprising a pneumatic assembly installed on the support frame and an X frame connected with the pneumatic assembly (Column 4 Line 15-37).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Marcantoni as taught by Delmestri to include Delmestri’s pneumatic assembly to facilitate the relative movement of the support frame. Such a modification would provide a means to adjust the position of the support frame for the comfort of a user.
Regarding claim 2, Marcantoni in view of Delmestri discloses the lumbar support stretching device suitable for the seat wherein the pneumatic assembly comprises a cylinder (Figure 4 Element 46, Delmestri) installed on the backrest frame (as disclosed in Marcantoni) and a piston rod (Element 44, Delmestri) connected with the cylinder, and the piston rod is connected with the X frame (shown in Figure 4-5, Delmestri in application of the X frame of backrest shown in Marcantoni).
Regarding claim 3, Marcantoni in view of Delmestri discloses the lumbar support stretching device suitable for the seat wherein the X frame comprises a first frame and a second frame, wherein the first frame is articulated with the second frame, the first frame is in sliding connection with the backrest frame, the second frame is articulated with the backrest frame, a slide frame is connected to the piston rod, and the slide frame is connected with the first frame ([0025], Marcantoni frame members in view of Delmestri).
Regarding claim 4, Marcantoni in view of Delmestri discloses the lumbar support stretching device suitable for the seat wherein the backrest frame stretches in a vertical direction (Marcantoni Figure 5 seatback is vertical extension), the backrest frame further comprises a limiting slot (Figure 5 Element 66, Delmestri) stretching in the vertical direction, and the first frame comprises a sliding axle (Element 72) which slides in the limiting slot in the vertical direction.
Regarding claim 9, Marcantoni in view of Delmestri discloses the lumbar support stretching device suitable for the seat wherein a switch configured to control the pneumatic assembly that is running to be turned off is arranged on the piston rod , and the lumbar support stretching device further comprises an operation device configured to operate and control the switch (Column 3 Lines 23-44, Delmestri).
Regarding claim 14, Marcantoni in view of Delmestri discloses the lumbar support stretching device suitable for the seat wherein the first frame comprises a first abut-against column stretching in a horizontal direction, and connecting and support sheets which are pivotable in a vertical direction are connected to the first abut-against column (Column 5 Lines 1-20, Element 49, surface with plates to secure with brackets bolts and nuts not shown, Delmestri).
Regarding claim 15, Marcantoni in view of Delmestri discloses the lumbar support stretching device suitable for the seat wherein the second frame comprises a second abut-against column stretching in the horizontal direction (Element 52, 52’, Column 4 Line 38-67, Delmestri).
Regarding claim 16, Marcantoni in view of Delmestri discloses a lumbar support, comprising a lumbar support body and the lumbar support stretching device wherein the lumbar support body is connected to the X frame (X frame connected to the body Figure 5, Marcantoni) the lumbar support stretching device suitable for the seat.
Regarding claim 17, Marcantoni in view of Delmestri discloses a seat, comprising seat legs, a seat frame, and a seat stool which is connected with the seat frame, and further comprising the lumbar support, wherein the seat frame is connected to the backrest frame (Figure 1-5, Marcantoni).
Allowable Subject Matter
Claims 5-8 and 10-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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/SHIN H KIM/Primary Examiner, Art Unit 3636