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 Objections
Claims 4 and 14 are objected to because of the following informalities: they appear to be missing the word “is” prior to “fixedly” in line 2. Appropriate correction is required.
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 1-21 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, 11, and 21 are drawn to a “powered mounting bracket assembly for a furniture headrest of a furniture seat” and comprise “a furniture seat” or “a backrest” as well as “a headrest,” etc. It is unclear how an assembly for a headrest of a furniture seat would include those components. That is, the preamble of the claims suggests that only the bracket assembly is actually claimed, while the body appears to require the furniture components supporting and connected to the bracket assembly. Clarification is requested.
Claims 1, 11, and 21 further recite “a particular comfort desire of a person seated within said furniture seat.” While this has been treated as merely reinforcing the functionality previously recited (i.e. the headrest assembly can be moved between various positions), it is noted that “comfort” would vary based on the user and is thus indefinite while positive recitation of a human (“a person seated within”) would be improper under 35 USC 101. Clarification by Applicant is requested.
Claims 2-10 and 12-20 are deemed indefinite because they are dependent on indefinite claims.
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) 1-5, 9, 11-15, 19, and 21, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donovan (US Patent Number 9730522).
Regarding claim 1, Donovan discloses a powered mounting bracket assembly for a furniture headrest of a furniture seat, comprising: a furniture seat (12); a headrest assembly (including 20, 30); and a driving mechanism (generally shown at 10) having a first end operatively connected to said furniture seat, and a second end operatively connected to said headrest assembly, such that as said driving mechanism is actuated, said headrest assembly can be moved between any one of a multiplicity of positions (between those shown in Figures 1 and 4 for instance), relative to said furniture seat, so as to adjust the disposition of said headrest assembly, relative to said furniture seat, in accordance with a particular comfort desire of a person seated within said furniture seat (this would be the general manner of operation).
Regarding claim 11, Donovan discloses a powered mounting bracket assembly for a furniture headrest of a furniture seat, comprising: a backrest assembly (at 12); a headrest assembly (including 20, 30); and a driving mechanism (generally shown at 10) having a first end operatively connected to said backrest assembly, and a second end operatively connected to said headrest assembly, such that as said driving mechanism is actuated, said headrest assembly can be moved between any one of a multiplicity of positions (between those shown in Figures 1 and 4 for instance), relative to said backrest assembly, so as to adjust the disposition of said headrest assembly, relative to said backrest assembly, in accordance with a particular comfort desire of a person seated within said furniture seat (this would be the general manner of operation).
Regarding claim 21, Donovan discloses a powered mounting bracket assembly for a furniture headrest of a furniture seat, comprising: a furniture seat (12); a headrest assembly (including 20, 30); at least one coiled spring assembly (56; note that while a “coiled” spring may not be explicitly described, an “extension spring” as disclosed would typically be of such design and the spring shown in the figures clearly provides a coiled arrangement) operatively interposed between said furniture seat and said headrest assembly; and a driving mechanism (generally shown at 10) having a first end operatively connected to said furniture seat, and a second end operatively connected to said headrest assembly, such that when said driving mechanism is actuated in a first direction so as to move said headrest assembly from a retracted position to an extended position, said headrest assembly can be moved between any one of a multiplicity of positions (between those shown in Figures 1 and 4 for instance), relative to said furniture seat, so as to adjust the disposition of said headrest assembly, relative to said furniture seat, in accordance with a particular comfort desire of a person seated within said furniture seat whereas when said driving mechanism is actuated in a second opposite direction, only said at least one coiled spring assembly will return said headrest assembly to said retracted position (this would be the general manner of operation; see the paragraph bridging columns 3 and 4 describing the operation of the mechanism including use of the spring to bias toward a retracted position).
Regarding claims 2 and 12, Donovan further discloses said driving mechanism comprises a linear actuator (the arrangement at 38, 40 is viewed as such and a linear actuator is disclosed in the first full paragraph of column 3).
Regarding claims 3 and 13, Donovan further discloses said headrest assembly comprises: a headrest support base (at least one member 26 or the lower horizontally-oriented member of 30); and a headrest mounting plate (upper horizontally-oriented member of 30 for instance) fixedly connected to said headrest support base (at least indirectly).
Regarding claims 4 and 14, Donovan further discloses said headrest mounting plate fixedly connected to said headrest support base such that said headrest mounting plate is disposed perpendicular to said headrest support base (the members are generally perpendicular; see figures).
Regarding claims 5 and 15, Donovan further discloses said headrest support base is pivotally mounted upon said furniture seat or backrest (via 22).
Regarding claims 9 and 19, Donovan further discloses said headrest support base is pivotally mounted upon said furniture seat or backrest by at least one hinge mechanism (including 22).
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) 6, 10, 16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donovan.
Regarding claims 6 and 16, Donovan discloses an assembly as explained above and further discloses the headrest support base movable between two extreme positions approximately 900 apart from each other (see at least Figures 1 and 4) wherein, when said headrest support base is disposed at a first one of said two extreme positions, said headrest mounting plate will have a nearly vertical orientation, whereas, when said headrest support base is disposed at a second one of said two extreme positions, said headrest mounting plate will have a nearly horizontal orientation (again, see figures), but may not explicitly disclose the claimed range of motion or orientations. Changes in size and shape of components as well as variation in range require only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the range and orientations as claimed based on normal variation to improve comfort and support for various users.
Regarding claims 10 and 20, Donovan discloses an assembly as explained above and further discloses said at least one hinge mechanism comprises: an upstanding mounting post (16) fixedly mounted upon said furniture seat or backrest; a first hinge segment (opening for 22) fixedly mounted upon said upstanding mounting post; at least one hinge plate (at 24) fixedly mounted upon said headrest support base; and a second hinge segment mounted (22) upon said at least one hinge plate and rotatably engaged with said first hinge segment fixedly mounted upon said upstanding mounting post so as to permit said headrest support base to be pivotally mounted upon said furniture seat (this is the general arrangement) but may not clearly disclose which members are fixed within the hinge arrangement. Rearrangement and reversal of components require only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the members fixed as claimed based on normal variation to improve operation and functionality for various users.
Claim(s) 7, 8, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donovan in view of Zhao et al. (US Patent Application Publication Number 2018/0027979).
Regarding claims 7 and 17, Donovan discloses an assembly as explained above a linear actuator comprising a motor and a link connecting to the headrest assembly but does not disclose details of the arrangement. Zhao discloses a related device including a linear actuator comprising a motor (31), a rotatable lead screw member (32), a sleeve member (33 and/or 34) operatively connected to said rotatable lead screw member, and a link (4 and/or 6) operatively connected to said sleeve member at a first end thereof, and to a headrest assembly (1) at a second end thereof. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a linear actuator as taught by Zhao in Donovan’s device because this could ensure proper operation to improve user comfort and convenience.
Regarding claims 8 and 18, Donovan, modified as described further discloses said link comprises a vertically oriented, arcuately configured link (Zhao’s 4 for instance) such that when said linear actuator is actuated, said vertically oriented, arcuately configured link will cause said headrest assembly to move between two extreme positions located nearly 900 apart, but may not explicitly disclose the claimed range of motion. Changes in size and shape of components as well as variation in range require only routine skill in the art and it accordingly would have been further obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the range as claimed based on normal variation to improve comfort and support for various users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it shows a range of related devices.
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.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636