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 § 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) 1, 2, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US PgPub #2009/0140568) in view of “3-ply Side Natural Solid Bamboo Plywood”, (Mesun 2022).
For Claim 1, figures 23-24 and paragraph [0037] of Chan ‘568 disclose a seating structure comprising: a frame (60) defining an opening; and a suspension web coupled to the frame and extending over the opening to form a seat, the suspension web including: an elastically deformable layer (80), and a plurality of bamboo strips (2) integrated with the elastically deformable layer, each bamboo strip being a laminated bamboo strip.
While Chan ‘568 discloses using laminated bamboo strips, it is silent about the layers of bamboo having grains that extend in different directions. However, Mesun 2022 teaches furniture can be made with crosse laminated bamboo wood (Page 1, Para 1: “3-ply crossed laminated bamboo plywood is available for customized size, including the thickness of each later.”, Page 1, Product details, line 9: “Uses : Cabinetry, Furniture, desktops, countertops, and other curved interior decorations”). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Chan ‘568 with the multigrain bamboo laminate of Mesun 2022. The motivation to do so would be to provide a strong bamboo laminate.
For Claim 2, figures 23-24 and paragraph [0037] of Chan ‘568 disclose attachment structures respectively disposed on each side of the suspension web to couple the suspension web to the frame.
For Claim 7, figures 23-24 and paragraph [0040] of Chan ‘568 disclose that the elastically deformable layer includes a plurality of elastomeric strips.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US PgPub #200/0140568) as applied to claim 1 above, and further in view of Hytrel TPC-ET Multifilament POY (Minifibers 2022).
For Claims 8-9, figure 23 and paragraph [0045] of Chan ‘568 discloses the deformable layer comprises straps that can be made of thermoplastic polyether ester elastomer but are silent about the straps being made of a thermoplastic elastomer yarn. However, page 1, paragraph 1 of Minifibers 2022 teach “DuPont Hytrel is a thermoplastic polyester elastomer that combines the most desirable characteristics of high-performance elastomers and flexible plastics to provide resilience, flexibility, and durability”. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Chan ‘568 with the thermoplastic elastomer yarn of Minifibers 2022. The motivation to do so would be to provide a flexible and durable layer.
Claim(s) 12-14, 17, 20 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US PgPub #200/0140568) in view of Hsiao (US PgPub #2020/0196772).
For Claim 12, figures 23-24 and paragraph [0037] of Chan ‘568 disclose a seating structure comprising: a frame (60) including a first frame member (72) and a second frame member (78), the second frame member spaced apart from the first frame member in a first direction to define an opening therebetween; and a suspension web extending over the opening to form a seat, the suspension web including: a flexible layer (80) coupled to the first and second frame member, and a plurality of bamboo strips (2) coupled to the flexible layer, each bamboo strip having a length and a width, wherein the lengths of the plurality of bamboo strips extend in a second direction that is perpendicular to the first direction.
While Chan ‘568 discloses a flexible layer (80) and bamboo strips (2) it is silent about them being woven. However, the figures of Hsiao ‘772 disclose strips (10 and 20) being woven together so as to provide a safe seat that where the strips support themselves. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Chan ‘568 with the woven structure of Hsiao ‘772. The motivation to do so would be to have a seat with strips that support themselves.
For Claim 13, figures 23-24 and paragraph [0037] of Chan ‘568 disclose that the plurality of bamboo strips is spaced apart from each other in the first direction.
For Claim 14, figures 23-24 and paragraph [0037] of Chan ‘568 disclose that the flexible layer is separated into a plurality of straps, wherein each strap has a length and a width, and wherein the lengths of the plurality of straps extend in the first direction.
For Claim 17, figures 23-24 and paragraph [0037] of Chan ‘568 disclose an attachment structure respectively disposed on each side of the suspension web to couple the suspension web to the frame.
For Claim 20, figures 23-24 and paragraph [0037] of Chan ‘568 disclose a seating structure comprising: a frame (60) defining an opening; and a suspension web extending over the opening for form a seat, the suspension web including: a flexible layer (80) secured to the frame, and a plurality of bamboo strips (2) supported by the flexible layer, each bamboo strip having a first end and a second end, wherein the first and second ends are movable relative to the frame.
While Chan ‘568 is silent about strips being indirectly coupled to the frame, the figures of Hsiao ‘772 teach strips (20) that are indirectly coupled to the frame (2A) as being they are woven with a layer (10) that is connected to the frame. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Chan ‘568 with the suspension web design of Hsiao ‘772. The motivation to do so would be to reduce the need to connect each web strip.
For Claim 23, figures 23-24 and paragraph [0037] of Chan ‘568 disclose attachment structures respectively disposed on each side of the suspension web to couple the suspension web to the frame.
Allowable Subject Matter
Claims 3-6, 15-16, 18, and 21-22 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.
Response to Arguments
Applicant’s arguments, see pages 7-8, filed 7/16/2026, with respect to the rejection(s) of claim(s) 11 now being incorporated into amended Claim 1 under AAPA have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mesun 2022.
Applicant’s arguments, see pages 8-9, filed 7/16/2026, with respect to the rejection(s) of claim(s) 19 now being incorporated into amended Claim 12 under AAPA have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hsiao ‘772.
Applicant’s arguments, see page 9, filed 7/16/2026, with respect to the rejection(s) of claim(s) 20 under 102 have been fully considered and are persuasive in view of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hsiao ‘772.
Applicant’s arguments, see page 10, filed 7/16/2026, with respect to Claim 6 have been fully considered and are persuasive. The Rejection of Claim 6 has been withdrawn.
Applicant’s arguments, see page 10, filed 7/16/2026, with respect to the rejection(s) of claim(s) 8-9 under AAPA have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hytrel TPC-ET Multifilament POY (Minifibers 2022).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP J BONZELL whose telephone number is (571)270-3663. The examiner can normally be reached 9-5.
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/PHILIP J BONZELL/Primary Examiner, Art Unit 3642 8/19/2026
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