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 .
Drawings
The drawings are objected to because:
The dark shading of figures 1 and 3-9 make them difficult to discern any details;
Figure 2 is a photograph, and, as noted in 37 CFR 1.84(b), photographs are not ordinarily permitted in utility patent applications.
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.
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “470” in figure 11 has been used to designate both the "support surface" and the "receiving / leg opening". 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. 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.
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters are not mentioned in the description:
Element 510 in figure 12;
Element 1214 in figure 24.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the description in compliance with 37 CFR 1.121(b) 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. 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.
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 16, 17, 29, and 31 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 16 and 31 state “the user sits on the padded backrest and straddles the padded seat”. Straddle is defined by Oxford Languages as “sit or stand with one leg on either side of.” It is unclear how the user can sit on two different parts at once. For examination purposes, it is assumed that the limitation was meant to be written as “the user sits on the padded backrest or straddles the padded seat”.
Claim 17 is rejected because it is dependent on the clarity of claim 16.
Claim 29, dependent on claim 24, introduces “a plurality of deployable legs”. Claim 24 already introduces “a plurality of folding legs”. It is unclear if these parts are the same. For examination purposes, they are considered to be the same part.
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.
Claims 1-15, 18, 24-29, 30, and 32-48 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (WO-2009056004-A1) in view of Westphal (US-4856497-A).
Wei discloses a tattoo chair that can lay flat to create a table-like surface, and has removable parts to provide various configurations of support
Claim 1 – Wei teaches a table comprising: a frame assembly including
a padded seat (element 2 in figure 6),
a padded backrest movable between a lowered bed position and a raised seat position (element 1 in figures 4 and 6), and
a plurality of leg rests (element 9 in figures 6 and 8) each independently movable between an undeployed position and a deployed position, wherein each leg rest has a padded leg portion positioned in a respective receiving-opening of the padded seat when in the undeployed position and is spaced apart from the padded seat to support a respective leg of a user supported by the portable collapsible table when in the deployed position (figure 8).
Wei does not explicitly teach the table being portable and collapsible, and does not teach a plurality of folding legs.
Westphal discloses a portable and collapsible (figure 1) treatment table with a plurality of folding legs (element 60 in figure 1). The base of Wei makes the table more difficult to transport.
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible.
Claim 2 – Wei teaches the frame assembly includes a leg rest holder assembly (elements 83 and 901 in figure 6) having a locked configuration for fixedly holding one of the leg rests and an unlocked configuration for releasing the one of the leg rests (figure 6).
Claim 3 – Wei teaches one of the leg rests includes a pair of rods (element 90 in figure 6), wherein the leg rest holder assembly includes a rod retainer (element 83 in figure 6) movable between a first position for holding the rods against a stop of the frame assembly and a second position for holding the rods spaced apart from the stop (element 901 in figure 6).
Claim 4 – Wei teaches the stop includes one or more protrusions insertable into respective openings of the rods (element 901 in figure 6).
Claim 5 – Wei teaches each leg rest is configured to be locked at a plurality of positions relative to the frame assembly (using the multiple protrusions, element 901, in figure 6).
Claim 6 – Wei teaches each leg rest is configured to be held locked to the frame assembly when supporting the respective leg of the user (figure 8).
Claim 7 – Wei teaches a headrest movable relative to the frame assembly in a first direction to unlock the headrest such that the headrest is movable relative to the frame assembly in a second direction different from the first direction (figure 8).
Claim 8 – Wei teaches a headrest slidably retained by the frame assembly (element 7 in figure 8).
Claim 9 – Wei teaches a headrest movable relative to the frame assembly (figure 8). Wei does not teach the frame assembly in a closed configuration defines a closed chamber configured to hold the plurality of folding legs and the headrest, and wherein the frame assembly is movable from the closed configuration to an open bed configuration to expose the plurality of folding legs and/or the headrest.
Westphal teaches the frame assembly in a closed configuration defines a closed chamber configured to hold the plurality of folding legs and the headrest (figure 1), and wherein the frame assembly is movable from the closed configuration to an open bed configuration to expose the plurality of folding legs and/or the headrest (figure 2).
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. The chamber created from collapsing Wei’s modified disclosure would be able to store the various removable parts, such as the headrest.
Claim 10 – Wei teaches the padded leg portion in the undeployed position and the padded seat together define a generally continuous support surface for supporting the user (figure 8).
Claim 11 – Wei teaches the padded seat and the leg rests in the undeployed position define a generally planar segmented seat cushion (figure 8).
Claim 12 – Wei teaches the padded seat includes a T-shaped cushion (element 2 in figure 6).
Claim 13 – Wei teaches the frame assembly includes a foldable support frame carrying the padded backrest, and wherein the padded seat is releasably couplable to the support frame to be positioned at a chest support position for supporting the user’s chest when the user sits on the padded backrest in a lowered position or straddles the padded seat.
(Wei teaches, in figure 4, the backrest folds upright. In figure 6, the padded seat’s T-shape allows, when in the upright position of figure 4, for the user to sit reverse with the legs straddling the padded seat and chest supported against the padded backrest.)
Claim 14 – Wei teaches the frame assembly includes a backrest holder positioned alongside the padded backrest (element 50 in figures 4 and 6), and wherein the padded seat includes one or more extendable rods (element 10 in figure 4) configured to be held by the backrest holder to hold the padded backrest at an upright position alongside the padded backrest.
Claim 15 – Wei does not teach the one or more extendable rods in a stowed position are inside a main body of the padded seat.
Westphal teaches one or more extendable rods (element 70 in figure 2) in a stowed position are inside a main body (element 78 in figure 1) of the seat.
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a main body and a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. When collapsing Wei’s modified disclosure, the extendable rods are stowed inside the main body.
Claim 18 – Wei does not teach a handle configured for carrying the portable collapsible table in a collapsed configuration.
Westphal teaches a handle (element 86 in figure 1) configured for carrying the portable collapsible table in a collapsed configuration.
It would have been obvious to one of ordinary skill in the art to modify Wei with a carrying handle as taught by Westphal to provide the user an easy method of carrying the table when modifying Wei to be portable and collapsible.
Claims 24 and 25 – Wei teaches a frame assembly movable between a lowered bed position and a raised seat position (figures 4 and 6), but does not teach a plurality of folding legs; and a headrest movable between a stowed position inside of the portable table in the collapsed configuration and a support position for supporting a user’s head resting on the frame assembly when the portable table is in the expanded configuration. Wei does not teach a storage chamber within the portable table in the collapsed configuration, wherein the headrest is configured to fit in the storage chamber.
Westphal teaches a plurality of folding legs (element 60 in figure 1); and a headrest (element 48 in figure 1) movable between a stowed position inside of the portable table in the collapsed configuration and a support position for supporting a user’s head resting on the frame assembly when the portable table is in the expanded configuration (figures 1 and 2).
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. The chamber created from collapsing Wei’s modified disclosure would be able to store the various movable and removable parts, such as the headrest.
Claim 26 – Wei teaches the headrest is movable in a first direction relative to the frame assembly to unlock the headrest such that the headrest is movable relative to the frame assembly in a second direction different from the first direction (figure 8).
Claim 27 – Wei teaches the headrest moves linearly relative to the frame assembly to rotationally unlock the headrest relative to the frame assembly (figure 8).
Claim 28 – Wei teaches a recess in the headrest for a face, but does not teach the headrest includes a head-receiving opening configured to receive the user’s face when the user lies chest down on the frame assembly in the bed configuration.
Westphal teaches the headrest includes a head-receiving opening configured to receive the user’s face when the user lies chest down on the frame assembly in the bed configuration (element 48 in figure 2).
It would have been obvious to modify Wei with a head-receiving opening configured to receive the user’s face as taught by Westphal, rather than a recess, to provide the user with greater comfort when lying face down.
Claim 29 – Wei does not teach the frame assembly is movable from a closed configuration to an open bed configuration to expose a plurality of deployable legs and/or the headrest.
Westphal teaches the frame assembly is movable from a closed configuration to an open bed configuration to expose a plurality of deployable legs and/or the headrest (figures 1 and 2).
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. The chamber created from collapsing Wei’s modified disclosure would be able to store the various movable and removable parts, such as the headrest, exposing the removable parts when opened.
Claim 30 – Wei teaches a backrest movable between a lowered bed position (figure 6) and a raised seat position (figure 4), and a seat couplable to the backrest to position the seat at a chest support position for supporting a user’s chest when the user sits on the backrest in a lowered position or straddles the seat. (Wei teaches, in figure 4, the backrest folds upright. In figure 6, the padded seat’s T-shape allows, when in the upright position of figure 4, for the user to sit reverse with the legs straddling the padded seat with the user’s chest supported against the padded backrest.) Wei does not teach a frame assembly including a plurality of foldable legs.
Westphal teaches a frame assembly (element 78 in figure 1) including a plurality of foldable legs (element 60 in figure 1).
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible.
Claim 32 – Wei teaches an armrest couplable to the seat such that the armrest extends away from a front side of the seat when the user’s torso rests against an opposing backside of the seat (element 6 in figures 4 and 6).
Claim 33 – Wei teaches the armrest is movable between a plurality of locked positions relative to the seat (While not explicitly shown in multiple positions, figure 6 teaches that it is removable with similar elements as element 83 in the same figure. It would have been obvious for Wei to make the arm rests adjustable in the same manner).
Claim 34 – Wei teaches the frame assembly includes a seat holder positioned alongside the backrest (element 50 in figures 4 and 6), wherein the seat includes one or more extendable rods (element 10 in figure 4) configured to be held by the seat holder such that the seat is held upright.
Claim 35 – Wei does not teach one or more extendable rods in a stowed position are inside a main body of the seat.
Westphal teaches one or more extendable rods (element 70 in figure 2) in a stowed position are inside a main body (element 78 in figure 1) of the seat.
It would have been obvious to one of ordinary skill in the art to modify Wei with a frame assembly including a main body and a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. When collapsing Wei’s modified disclosure, the extendable rods are stowed inside the main body.
Claim 36 – Wei teaches the seat includes a support base (element 7 in figure 6), a cushion (element 72 in figure 6, also defined as a cushion on the surface of the headrest in paragraph [0011]), and a covering surrounding the cushion (claim 27, a headrest with “a pillow cover”).
Claim 37 – Wei teaches the backrest is rotatable about an axis of rotation relative to the seat at an angle equal to or greater than 45 degrees (figure 4).
Claim 38 – Wei teaches (in figure 4) the backrest folds upright creating a seat support position subjacent the backrest. Wei teaches (in figure 6) the padded seat’s T-shape allows, when in the upright position of figure 4, for the user to sit reverse with the legs straddling the padded seat with the user’s chest supported against the padded backrest. Wei does not teach the frame assembly is configured to remain in a bed configuration while the seat is moved between a seat support position subjacent the backrest and the chest support position.
Westphal teaches the frame assembly is configured to remain in a bed configuration while the panels are moved between various positions (figure 2).
It would have been obvious to one of ordinary skill in the art to modify Wei with a rigid frame assembly in which the panels move independently of the frame as taught by Westphal to provide greater stability and structure for Wei’s modified disclosure.
Claim 39 – Wei teaches the frame assembly includes a plurality of deployable leg rests (element 9 in figure 6), and wherein the seat is configured to fit between the deployable leg rests and the backrest (figure 6).
Claim 40 – Wei teaches the seat includes a cushion (element 2 in figure 6) held between the leg rests (element 9 in figure 6) and the backrest (element 1 in figure 6), and the backrest is rotatable relative to the seat independent of positions of the leg rests (figure 4).
Claim 41 – Wei teaches a plurality of panels and teaches the plurality of panels unfold into a bed configuration (element 6) and include an adjustable backrest (element 1 in figures 4 and 6) and deployable leg rests (element 9 in figure 6) when deployed, but does not teach that the panels fold against one another to form a stack of panels, and a plurality of foldable legs positioned in the stack of panels.
Westphal teaches that the panels fold against one another to form a stack of panels, and a plurality of foldable legs positioned in the stack of panels.
It would have been obvious to one of ordinary skill in the art to modify Wei with a plurality of folding legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. In making Wei portable and collapsible, it is obvious and inherent that the panels would stack against each other.
Claim 42 – Wei teaches the panels are geometrically congruent to one another (figure 6).
Claim 43 – Wei teaches each of the panels includes a cushion and a platform configured to carry the cushion (Figure 6, while platforms aren’t explicitly shown, it is obvious that the cushion of each panel would need a structure to attach to the base).
Claim 44 – Wei teaches at least one of the panels includes an extendable leg rest with a cushion panel (element 9 in figure 6).
Claim 45 – Wei teaches the plurality of panels includes a padded seat (element 2 in figure 6) and a padded seatback (element 1 in figure 6) rotatably coupled to the padded seat (figures 4 and 6).
Claim 46 – Wei teaches the plurality of panels are configured to be in a planar arrangement (figure 8).
Claim 47 – Wei teaches the base is generally perpendicular to a transverse plane of the plurality of panels in the planar arrangement (figure 6), but does not teach positional legs.
Westphal teaches legs that are positional, or folding (element 60 in figure 1).
It would have been obvious to one of ordinary skill in the art to modify Wei with a positional, or folding, legs as taught by Westphal rather than a base to make Wei’s disclosure portable and collapsible. In order to support the plurality of panels properly, the legs would have to be perpendicular to the panels.
Claim 48 – Wei teaches one or more of the panels include a cushion and a platform configured to carry the cushion (In figure 6, while platforms aren’t explicitly shown, it is obvious that the cushion of each panel would need a structure to attach to the base).
Claims 16, 17, 19-23, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (WO-2009056004-A1) in view of Westphal (US-4856497-A), further in view of Leeper (US-4516805-A).
Claims 16 and 31 – Wei and Westphal, disclosed above, teach a portable collapsible table with a padded seat and leg rests.
Wei and Westphal do not teach the leg rests having a first leg opening and a second leg opening configured to receive the user’s left leg and right leg, respectively.
Leeper discloses a multi-position chair to place the user in various positions. Leeper teaches a first and second leg opening to receive the user’s left and right leg (element 40 in figure 2).
The cradle-like leg openings of the leg rests of Leeper provide greater support for the user’s legs. When a user of the tattoo table is being tattooed, it is important that the user’s legs are supported and not likely to move. Therefore, it would have been obvious to one of ordinary skill in the art to modify Wei with the leg openings of Leeper to provide greater support for the user’s legs.
Claim 17 – Wei teaches an armrest couplable to the padded seat such that the armrest extends away from a front side of the padded seat when the user’s torso rests against an opposing backside of the padded seat (element 6 in figures 4 and 6).
Claims 19-21, 23 – Wei and Westphal, disclosed above, teach the padded seat includes a first cushion and a first platform configured to support the first cushion (element 2 in figure 6); and the padded backrest includes a second cushion and a second platform configured to support the second cushion (element 1 in figure 6).
Wei and Westphal do not teach a storage tray held underneath a removable cushion of the padded seat, the storage tray including a container and a lid, or the first or the second platform includes an under-cushion storage unit, the storage unit including a container and a lid.
Leeper teaches a storage container area in the first platform (element 24 in figure 2) where the cushion acts as a lid (element 26 in figure 2) for the storage area.
It would have been obvious to one of ordinary skill in the art to modify one of the platforms of Wei to include a storage container area and a lid as taught by Leeper to contain the various apparatuses an artist may use.
Claim 22 – Wei teaches various rectangular rigid platforms; however Wei does not teach at least one of the first platform (of element 2 in figure 6) or the second platform (of element 1 in figure 6) is a rectangular rigid platform.
Westphal teaches at least one of the first platform (of element 42 in figure 2) or the second platform (of element 44 in figure 2) is a rectangular rigid platform.
In Wei’s disclosure, the T-shape of the first platform is necessary for the function of the user sitting reverse with the user’s chest supported by second platform. The second platform, however, can be modified to be a rectangular rigid platform, similar to Westphal’s disclosure. It would have been an obvious matter of design choice, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Conclusion
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636