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
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.
(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, 4-8, 11-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lawson (9,700,140).
Regarding claim 1, Lawson discloses a powered chair, comprising: a chair frame ; a backrest assembly 14; a seat assembly 12; a footrest assembly 16; a linkage system 100; and a linear actuator 300 operatively connected to said backrest assembly, said seat assembly, and said footrest assembly for actuating said backrest assembly, said seat assembly, and said footrest assembly between various positions, including a seated/upright position, an extended position, and a reclined position (see figures 1-3); wherein said seat assembly comprises a pair of oppositely disposed seat plates 400 wherein each one of said pair of oppositely disposed seat plates has a substantially V or L-shaped configuration wherein a rearward leg of said V or L-shaped seat plate comprises a distorted or elongated N or Z-shaped configuration which includes a central, substantially horizontally extending section that, along with said pair of oppositely disposed seat plates, can accommodate an enlarged chair seat for, in turn, accommodating large or tall chair users (see figure A below).
Regarding claim 8, Lawson discloses a powered chair, comprising: a chair frame ; a backrest assembly 14; a seat assembly 12; a footrest assembly 16; a linkage system 100; and a linear actuator 1818 operatively connected to said backrest assembly, said seat assembly, and said footrest assembly for actuating said backrest assembly, said seat assembly, and said footrest assembly between various positions, including a seated/upright position, an zero-gravity position, and a reclined position (see figures 1-3); wherein said seat assembly comprises a pair of oppositely disposed seat plates 400 wherein each one of said pair of oppositely disposed seat plates has a substantially V or L-shaped configuration wherein a rearward leg of said V or L-shaped seat plate comprises a distorted or elongated N or Z-shaped configuration which includes a central, substantially horizontally extending section that, along with said pair of oppositely disposed seat plates, can accommodate an enlarged chair seat for, in turn, accommodating large or tall chair users (see figure A below).
Regarding claims 4 and 11, Lawson discloses said backrest assembly comprises a pair of oppositely disposed backrest mounting brackets 510 for mounting a backrest thereon and which can be moved between upright positions and reclined positions.
Regarding claims 5 and 12, Lawson disclose said seat assembly is movable between a lowered, non-reclined position and an elevated, reclined position such that said seat assembly can attain a zero-gravity disposition (figures 8D, 9).
Regarding claims 6 and 13, Lawson discloses said seat assembly is disposed at said elevated, reclined, zero-gravity disposition, said footrest assembly will be disposed at an elevational level which is higher than that of said backrest assembly, thereby permitting said chair to achieve said zero-gravity disposition (figures 8D, 9).
Regarding claims 7 and 13, Lawson discloses said seat assembly is disposed at said elevated, reclined, zero-gravity position, a front end portion of said seat assembly will be disposed at a higher elevation than a rear end portion of said seat assembly (figures 8D, 9).
Claim Rejections - 35 USC § 103
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 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) 2, 3, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Griggs, Jr. (9,277,823).
Regarding claims 2 and 9, Griggs, Jr. discloses said linear actuator comprises a motor 113, a lead screw housing 109, and a slide member 105 slidably mounted upon and operatively engaged with a lead screw 107 disposed within said lead screw housing.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Griggs, Jr. and use the linear actuator in the invention of the Lawson because it is compact, efficient and easy to use.
Regarding claims 3 and 11, Lawson as modified discloses said chair frame comprises forward 610 and rearward 620 cross-bar members; said motor of said linear actuator is fixedly mounted upon said forward cross-bar member; and said lead screw housing of said linear actuator is fixedly mounted upon said rearward cross-bar member.
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Figure A
Conclusion
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/SYED A ISLAM/ Primary Examiner, Art Unit 3636