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 .
This is the first Office Action for the serial number 18/806,054, EASY CHAIR AND VEHICLE SEAT, filed on 8/15/24.
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 1-6 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.
Claim 1, lines 22-23, “a shape obtained by connecting a support point for the electric motor” is indefinite because it is not clear what kind of shape for the support point, is the point shaped as a dot or period, etc.
Claim 1, lines 23-24, “the first coupling point, and the second coupling point to each other forms a triangle constantly” is indefinite because there are no 3rd coupling point to create triangular shape.
Claim 1, lines 24-25, “the cushion frame is coupled to the second link” is indefinite because the cushion frame is connected to a first coupling member (73) which is connected to the second link according to applicant’s drawings.
Claim 6, lines 19-20, “a shape obtained by connecting a support point for the electric motor” is indefinite because it is not clear what kind of shape for the support point, is the point shaped as a dot or period, etc.
Claim 6, lines 20-21, “the first coupling point, and the second coupling point to each other forms a triangle constantly” is indefinite because there are no 3rd coupling point to create triangular shape.
Claims 2-5 are rejected as depending on rejected claim 1.
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, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication # 2024/0343166 to Ewald et al. in view of US Patent Application Publication # 2024/0198867 to Zhang et al.
Ewald et al. teaches an easy chair comprising a cushion frame (102) and a posture-changing mechanism configured to displace the cushion frame between a comfort-providing posture (figure 6) in which a front end of the cushion frame is raised to be higher than a rear end side thereof and a regular posture (figure 5) in which the front end side is lower than that in the comfort-providing posture. The posture-changing mechanism including a first link (142), a second link (144), a male threaded rod (178) and an electric motor (174) configured to rotate a nut (section 0059) that is threadedly engaged with the male threaded rod. Wherein a first longitudinal end of the first link is rotatably coupled to a fixing bracket, a second longitudinal end of the first link and a first longitudinal end of the second link are rotatably coupled to each other, a second longitudinal end of the second link and a first longitudinal end of the male threaded rod are rotatably coupled to each other. The support point is located on a side where the fixing bracket is located relative to a midpoint of a line segment connecting a point where the first link and the fixing bracket are coupled together to the first coupling point.
Ewald et al. teaches the electric motor and the first link but fails to teach the electric motor is rotatably supported by the first link. Zhang et al. teaches the electric motor is rotatably supported by the first link (figure 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the location of Ewald et al.’s electric motor on the first link taught by Zhang et al. to provide designer’s preference for the location of the electric motor in the posture-changing mechanism.
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Allowable Subject Matter
Claims 2-3 and 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: Regarding claim 2, the prior arts fail to teach all of the limitations from claims 1-2 especially with “a point where the second link and the cushion frame are coupled together is located between the first coupling point and the second coupling point in the second link.” Regarding claim 5, the prior arts fail to teach all of the limitations from claims 1 and 5 especially with “when a point where the second link and the cushion frame are coupled together is referred to as a third coupling point”.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent Application Publication # 2025/0115170 to Lee et al.
US Patent Application Publication # 2024/0157861 to Scheede et al.
US Patent Application Publication # 2020/0391622 to Kajino
US Patent Application Publication # 2009/0230752 to Adragna et al.
US Patent Application Publication # 2012/0261963 to Heyer
US Patent Application Publication # 2025/0206201 to Jung et al.
The cited references above teach the adjustable chair with motor and links.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 3/29/26