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 .
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HUKLA (DE 202007018085 U1). HUKLA shows the use of a repositionable sectional sofa (1) comprising: at least one base portion (2) defining a first seating surface (2a) and a first forward direction; at least one swivel portion (3) defining: a second seating surface (3a) removably positionable contiguous to the first seating surface; a second forward direction (Fig. 1); and a forward surface (6,7) movable between a first configuration in which the forward surface extends downwardly from a forward edge of the second seating surface (Fig. 1) and a second configuration in which the forward surface extends outwardly (Fig. 3) from the second seating surface; wherein the at least one swivel portion is rotatable in relation to the at least one base portion between a first position in which the first and second forward directions are parallel (Fig. 1) and a second position in which the first and second forward directions are non-parallel (Fig. 4). Regarding claim 2-6, HUKLA shows the first and second seating surfaces can maintain contiguity through out rotation of the swivel portions (Figs. 1-5) and that the swivel portion in relation to the base portion is limited between the first and second positions. The forward surface is reconfigurable between first (stowed) and second (deployed) positions throughout rotation od the of the at least one swivel portion in relation to the base portion (Figs. 1-4). The base portion defines a first arcuate side surface extending along a side edge of the first seating surface vertically (Fig. 1) and is shaped to mate with and conform to a second arcuate side surface defined by the at least one swivel portion (Figs. 1-3). The at least one swivel portion rotates between the first and second positions about an axis defined by a radius of curvature of the second side surface (Figs. 1-5).
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) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over HUKLA in view of Kevonian (D527540 S). HUKLA shows all of the teachings of the claimed invention except the use a second swivel portion that has a third seating surface and third forward direction. Kevonian shows the use of a sectional sofa that has base portion and with a first seating surface and a first and second swivel portions (Figs. 1-8) whereby he base portion defines a second arcuate side surface extending along a second side edge of the first seating surface vertically (Figs. 1-6) and is shaped to mate with and conform to a third arcuate side surface defined by the third swivel portion (Figs. 1-8). The at least one swivel portion rotates between the first and second positions about an axis defined by a radius of curvature of the third arcuate side surface. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the sectional sofa of HUKLA with a second swivel portion as shown by Kevonian, in order to provide addition support and comfort and it has been held that a mere multiplicity of parts is within the teachings of ordinary skill in the art see KSR.
Allowable Subject Matter
Claims 10-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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July 25, 2026