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, Figs. 1A-22D in the reply filed on 06/16/2026 is acknowledged.
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) 30-31 and 33-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chesness (2010/0314926). Chesness shows the use of a foldable chair (100) comprising: an upper hub (120) assembly comprising: an upper hub, a seat cover (104), a first front seat bar (111) coupled to the seat cover and rotatably coupled to the upper hub, and a first back seat bar (111) coupled to the seat cover and rotatably coupled to the upper hub (Fig. 4); a lower hub assembly (110,122) comprising: a lower hub (122) comprising: a first recess extending inward (Fig. 4) from an outer surface of the lower hub, and a second recess (Fig. 4) extending inward from the outer surface, a first leg (105) having a first end positioned within the first recess, the first end rotatably coupled to the lower hub, and a second leg(105) having a second end positioned within the second recess, the second end rotatably coupled to the lower hub; and a center shaft assembly (106,121) coupling the upper hub assembly to the lower hub assembly, having a lower plate (121) and a center shaft (106) protruding therethrough. Regarding claim 31, the lower hub assembly further comprises a shim (121) having a first shape (Fig. 32A); the lower hub comprises a recess (the gap between the upper and lower hub) in confronting relation with the lower plate, the recess having a second shape matching the first shape, the recess extending at least partially around the cylindrical passage; and the shim is disposed within the recess and between the lower hub and the lower plate, the shim providing a contact surface between the lower hub assembly and the center shaft assembly. Regarding claim 33, the upper hub assembly further comprises a center support (112) disposed above the upper hub, the center support comprising: a body (Fig. 32A) having a protruding portion extending towards the upper hub (Fig. 3), a first link (113) coupled to the body above the protruding portion, a second link (113) aligned with the first link and coupled to the body above the protruding portion, a third link (113) coupled to the body above the protruding portion (114), and a fourth link (113) aligned with the third link and coupled to the body above the protruding portion; the first link and the second link are coupled to the first front seat bar; and the third link and the fourth link are coupled to the first back seat bar (as shown in Figs. 6-7). Regarding claims 34-35, the protruding portion extends within the a centrally-located cavity of the upper hub (via the center shaft assembly see Fig. 7) and along a vertical centerline of the upper hub. Regarding claims 36-37, Chesness shows the use of third and fourth recesses on the lower hub which have respective third (105) and fourth (105) legs therein and the use of second seat bar (111) and a second back bar (11) respectively.
Claim(s) 30-31, 33,36-38 and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Obolewicz et al. (2011/0156449). Obolewicz shows the use of folding chair (10) comprising an upper hub assembly comprising: an upper hub (80), a seat cover (100), a first front seat bar (11) coupled to the seat cover and rotatably coupled to the upper hub, and a first back seat bar (12) coupled to the seat cover and rotatably coupled to the upper hub (Fig. 1); a lower hub assembly comprising: a lower hub (70) comprising: a first recess (71) extending inward from an outer surface of the lower hub, a second recess (72) extending inward from the outer surface, and a cylindrical passage (92), a first leg (21) having a first end positioned within the first recess, the first end rotatably coupled to the lower hub, and a second leg (22) having a second end positioned within the second recess, the second end rotatably coupled to the lower hub; and a center shaft assembly (40,81) coupling the upper hub assembly to the lower hub assembly, the center shaft assembly comprising: a lower plate (81) with a planar major portion and a circular opening at a center of the planar major portion, and a center shaft (40) protruding through the circular opening and disposed within the cylindrical passage (Fig. 3). Regarding claim 31, Obolewicz shows the lower hub assembly having a shim (90) having a first shape; the lower hub comprises a recess (the spacing between the lower and upper hub, Fig. 4) in confronting relation with the lower plate, the recess having a second shape matching the first shape, the recess extending at least partially around the cylindrical passage; and the shim is disposed within the recess and between the lower hub and the lower plate (Fig. 6), providing a contact surface between the lower hub assembly and the center shaft assembly. Regarding claim 33, the upper hub assembly further comprises a center support (50) disposed above the upper hub, the center support comprising: a body having a protruding portion extending towards the upper hub (Fig. 3), a first link (30) coupled to the body above the protruding portion, a second link (33) aligned with the first link and coupled to the body above the protruding portion, a third link (31) coupled to the body above the protruding portion, and a fourth link (32) aligned with the third link and coupled to the body above the protruding portion; the first link and the second link are coupled to the first front seat bar; and the third link and the fourth link are coupled to the first back seat bar (as shown in Fig. 3). Regarding claims 36-37, Obolewicz shows the use of third and fourth recesses on the lower hub which have respective third (20) and fourth (23) legs therein and the use of second seat bar (14) and a second back bar (13) respectively.
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) 21-29 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chesness in view of Lee (9,339,115). Chesness shows the use of a foldable chair (100) comprising: an upper hub (120) assembly comprising: an upper hub, a seat cover (104), a first front seat bar (111) coupled to the seat cover and rotatably coupled to the upper hub, and a first back seat bar (111) coupled to the seat cover and rotatably coupled to the upper hub (Fig. 4); a lower hub assembly (110,122) comprising: a lower hub (122) comprising: a first recess extending inward (Fig. 4) from an outer surface of the lower hub, and a second recess (Fig. 4) extending inward from the outer surface, a first leg (105) having a first end positioned within the first recess, the first end rotatably coupled to the lower hub, and a second leg(105) having a second end positioned within the second recess, the second end rotatably coupled to the lower hub; and a center shaft assembly (106) coupling the upper hub assembly to the lower hub assembly, facilitating rotation of the upper hub assembly relative to the lower hub assembly, and facilitating tilting of the upper hub assembly relative to the lower hub assembly (as shown in Fig. 33). Chesness shows all of the teachings of the claimed invention except the lower hub having a hemispherical outer profile. Lee teaches the conventional use of a lower hub (32) with a hemispherical outer profile (Fig. 3). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the lower hub with a hemispherical outer profiled in order to allow for a more compact storage of the legs of the folding chair. Regarding claim 21, the upper hub assembly further comprises a center support (112) disposed above the upper hub, the center support comprising: a body (Fig. 32A) having a protruding portion extending towards the upper hub (Fig. 3), a first link (113) coupled to the body above the protruding portion, a second link (113) aligned with the first link and coupled to the body above the protruding portion, a third link (113) coupled to the body above the protruding portion (114), and a fourth link (113) aligned with the third link and coupled to the body above the protruding portion; the first link and the second link are coupled to the first front seat bar; and the third link and the fourth link are coupled to the first back seat bar (as shown in Figs. 6-7). Regarding claims 23-24, the protruding portion extends within the a centrally-located cavity of the upper hub (via the center shaft assembly see Fig. 7) and along a vertical centerline of the upper hub. Regarding claims 25-26, Chesness shows the use of third and fourth recesses on the lower hub which have respective third (105) and fourth (105) legs therein and the use of second seat bar (111) and a second back bar (11) respectively. Regarding claims 27-29, claim 21, the center shaft assembly comprises: a lower plate (120,121) with a planar major portion and a circular opening at a center of the planar major portion, and a center shaft protruding through the circular opening; the lower hub comprises a cylindrical passage; and the center shaft is disposed within the cylindrical passage (as shown in Figs. 32A,33). Regarding claim 27, wherein: the lower hub assembly further comprises a shim (121) having a first shape (Fig. 32A); the lower hub comprises a recess (the gap between the upper and lower hub) in confronting relation with the lower plate, the recess having a second shape matching the first shape, the recess extending at least partially around the cylindrical passage; and the shim is disposed within the recess and between the lower hub and the lower plate, the shim providing a contact surface between the lower hub assembly and the center shaft assembly. Chesness in view of Lee has disclosed the shim is formed from a plastic but fails to disclose it’s a high-density polyethylene. It would have been an obvious matter of design choice for one of ordinary skill in the art to try a shim of made from a high-density polyethylene to further reduce friction between the lower plate and lower hub in order to provide better rotation therebetween.
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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June 27, 2026
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