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) 2-5, 8-11, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Smith (US20170196361A1) in view of Messier (US3556589A).
Regarding claim 2,
Smith, as modified, teaches (currently amended). An article according to claim 5 wherein said outer face is contoured to match the natural curvature of the user (Smith: FIG. 1 [0020] flexibility of the memory foam will allow it to contour to almost any shape seat design when pressure is applied by a user 180).
Regarding claim 3,
Smith, as modified, teaches (currently amended). An article according to claim 5 wherein said cushion is detachably attached to said purse (Smith: FIG. 1 [0021] the cover 120 of the back support cushion 100 is configured to accommodate the foam 110 and the composite board 130 through the opening 150).
Regarding claim 4,
Smith, as modified, teaches (currently amended) An article according to claim 5.
Smith does not teach wherein the article further comprises at least one hook for hanging the article from the back of a chair.
Messier teaches wherein the article further comprises at least one hook for hanging the article from the back of a chair (Messier: FIG. 1 [Col. 2 3] hooks 20).
Regarding claim 5,
Smith teaches An article comprising (a) a purse including at least one compartment for receiving items to be carried therein (Smith: FIG. 1 [0019] opening 150) and (b) a cushion disposed alongside and attached to said purse and having an outer face configured to support the back of a user (Smith: FIG. 1 [0019] back support cushion 100) and to enhance the user's posture when the article is positioned between the user's back and a back of a chair in which the user is seated (Smith: FIG. 1 [0020] flexibility of the memory foam will allow it to contour to almost any shape seat design when pressure is applied by a user 180),
Smith does not teach wherein said compartment is composed of a material which provides strength to prevent said compartment from being crushed by a weight of the user bearing against the article.
Messier teaches wherein said compartment is composed of a material which provides strength to prevent said compartment from being crushed by a weight of the user bearing against the article (Messier: FIG. 1 [Col. 1 55] backrest 10 includes a hollow rectangular frame 11).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith, as modified, in view of Messier directed to including a back cushion with a compartments. A person having ordinary skill in the art would have been motivated to hold papers and the like (Messier: [Col. 2 1]).
Regarding claim 8,
Smith, as modified, teaches (currently amended). A method according to claim 11 wherein the cushion has an outer face for engaging the lower back of the user, and wherein the outer face is contoured to match the natural curvature of the user (Smith: FIG. 1 [0020] flexibility of the memory foam will allow it to contour to almost any shape seat design when pressure is applied by a user 180).
Regarding claim 9,
Smith, as modified, teaches (currently amended). A method according to claim 11 wherein the cushion is detachably attachable to the purse, the method further comprising attaching the cushion to the purse (Smith: FIG. 1 [0021] the cover 120 of the back support cushion 100 is configured to accommodate the foam 110 and the composite board 130 through the opening 150).
Regarding claim 10,
Smith, as modified, teaches (currently amended). A method according to claim 11 further comprising hanging the article from the back of the chair (Smith: FIG. 1 [0006] a fastening means that includes at least one adjustable strap attached to the cover for placing the back support cushion to a desired position).
Regarding claim 11,
Smith teaches A method of enhancing posture of a seated user, the method comprising positioning an article, which includes a purse, which has at least one compartment for items to be carried, and which further includes a cushion disposed alongside and attached to the purse, between a back of a user and a back of a chair in which the user is seated, wherein the cushion is configured to support the back of a user (Smith: FIG. 1 [0021] back support cushion 100 includes a front side 120a, a rear side 120b),
Smith does not teach and wherein the compartment is composed of a material which provides strength to the compartment to prevent the compartment from being crushed by a weight of the user bearing against the article.
Messier teaches and wherein the compartment is composed of a material which provides strength to the compartment to prevent the compartment from being crushed by a weight of the user bearing against the article (Messier: FIG. 1 [Col. 1 55] backrest 10 includes a hollow rectangular frame 11).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith, as modified, in view of Messier directed to including a back cushion with a compartments. A person having ordinary skill in the art would have been motivated to hold papers and the like (Messier: [Col. 2 1]).
Regarding claim 14,
Smith, as modified, teaches (currently amended). A method according to claim 17 further comprising contouring the second face to match the natural curvature of the user (Smith: FIG. 1 [0020] flexibility of the memory foam will allow it to contour to almost any shape seat design when pressure is applied by a user 180).
Regarding claim 15,
Smith, as modified, teaches (currently amended). A method according to claim 17 further comprising forming the article purse so that the cushion is detachably attachable to the purse compartment (Smith: FIG. 1 [0021] the cover 120 of the back support cushion 100 is configured to accommodate the foam 110 and the composite board 130 through the opening 150).
Regarding claim 16,
Smith, as modified, teaches (currently amended) A method according to claim 17.
Smith, as modified, does not teach further comprising attaching at least one hook to the article for hanging the article from the back of the chair.
Messier teaches further comprising attaching at least one hook to the article for hanging the article from the back of the chair (Messier: FIG. 1 [Col. 2 3] hooks 20).
Regarding claim 17,
Smith teaches A method of making an article comprising forming a purse including a compartment for carrying items, forming a cushion to have a first face for engaging the purse and a second face which is configured to support the back of a user and to enhance the user's posture when the article is positioned between the back of the user and a back of a chair in which the user is seated (Smith: FIG. 1 [0021] back support cushion 100 includes a front side 120a, a rear side 120b).
Smith does not teach the method further comprising forming the compartment of material which provides strength to the compartment to prevent the compartment from being crushed by a weight of the user bearing against the article.
Messier teaches the method further comprising forming the compartment of material which provides strength to the compartment to prevent the compartment from being crushed by a weight of the user bearing against the article (Messier: FIG. 1 [Col. 1 55] backrest 10 includes a hollow rectangular frame 11).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith, as modified, in view of Messier directed to including a back cushion with a compartments. A person having ordinary skill in the art would have been motivated to hold papers and the like (Messier: [Col. 2 1]).
Claim(s) 6, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Smith (US20170196361A1) in view of Messier (US3556589A) in view of Howman (US7438356B2).
Regarding claim 6,
Smith, as modified, teaches (currently amended) An article according to claim 5.
Smith, as modified, does not teach further comprising a second cushion hingedly attached to said a cushion for sitting on by the user.
Howman teaches further comprising a second cushion hingedly attached to said a cushion for sitting on by the user (Howman: FIG. 4 [Col. 5 50-54] a foam cushion 32 is mounted on the top side of the seat frame member 26, and a foam cushion 34 is mounted on the front side of the backrest frame member 28).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith, as modified, in view of Howman directed to including a back and seat members. A person having ordinary skill in the art would have been motivated to make this modification in order to provide seating comfort for hard seatings (Howman: [Abs]).
Regarding claim 12,
Smith, as modified, teaches A method according to claim 11.
Smith, as modified, does not teach wherein the purse has a second cushion for sitting on by the user, wherein the second cushion is hingedly attached to the second cushion which is attached to the purse.
Howman teaches wherein the purse has a second cushion for sitting on by the user, wherein the second cushion is hingedly attached to the second cushion which is attached to the purse (Howman: FIG. 4 [Col. 5 50-54] a foam cushion 32 is mounted on the top side of the seat frame member 26, and a foam cushion 34 is mounted on the front side of the backrest frame member 28).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith, as modified, in view of Howman directed to including a back and seat members. A person having ordinary skill in the art would have been motivated to make this modification in order to provide seating comfort for hard seatings (Howman: [Abs]).
Regarding claim 18,
Smith, as modified, teaches A method according to claim 17.
Smith, as modified, does not teach further comprising hingedly attaching a second cushion to the cushion formed to have the first and second faces.
Howman teaches further comprising hingedly attaching a second cushion to the cushion formed to have the first and second faces (Howman: FIG. 4 [Col. 5 50-54] a foam cushion 32 is mounted on the top side of the seat frame member 26, and a foam cushion 34 is mounted on the front side of the backrest frame member 28).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith, as modified, in view of Howman directed to including a back and seat members. A person having ordinary skill in the art would have been motivated to make this modification in order to provide seating comfort for hard seatings (Howman: [Abs]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
3/23/2026