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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 3-6, and 10 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.
Regarding claim 3, in line 3, it is unclear if “the armrest portion” is referring to one or both armrest portions.
Regarding claim 4, in lines 3 and 4, it is unclear if “the armrest portion” is referring to one or both armrest portions. Claims 5 and 6 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 4.
Regarding claim 5, the inclusion of the semicolon in line 4 makes it unclear if the “and/or” is for two limitations, one per paragraph of the claim, or if there are three total limitations included in the "and/or" list, two in the first paragraph on either side of the semicolon, and then the second paragraph being the third potential limitation. For examination purposes, it is assumed the first paragraph is the first “and/or” limitation, and the second paragraph is the second “and/or” limitation.
Regarding claim 10, in line 2, it is unclear if “the armrest portion” is referring to one or both armrest portions.
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, 2, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN-2862845-Y) in view of Aquaglide Marketing.
Li discloses an inflatable and foldable chair. Aquaglide Marking (hereinafter “Aquaglide”) discloses a drop-stitch material composition for inflatables.
PNG
media_image1.png
333
596
media_image1.png
Greyscale
Image 1
PNG
media_image2.png
334
595
media_image2.png
Greyscale
Image 2
Claim 1 – Li teaches a portable inflatable sofa (figure 2), comprising a sofa body,
wherein the sofa body is formed by folding an integrally-cut structure (figures 1 and 2), the sofa body is divided by folds into a backrest portion, a seat cushion portion, and armrest portions on two sides (figure 1), and the backrest portion and the armrest portions are configured to be folded upwards to form a state of being relatively perpendicular to the seat cushion portion (figure 2); and the inflatable sofa further comprises a connection strap (element 43 in figure 2), wherein the backrest portion is connected to the armrest portions on the two sides through the connection strap (in claim 5, “the said bench hassock (4) has set the fixing device (43), with the function of fixing and connecting the bench hassocks (4)”, the bench hassocks being the backrest and armrests per figure 1).
While Li teaches the material of the sofa is inflatable, Li does not teach the sofa body is made of a drop-stitch air cushion material. Aquaglide teaches the sofa body is made of a drop-stitch air cushion material (Images 1 and 2 above).
It would have been obvious to use a drop-stitch air cushion material, such as that taught by Aquaglide, in the disclosure of Li as it is a more rigid material for inflatable objects and is commonly used in water sport applications.
Claim 2 – Li does not teach the sofa body is made of a drop-stitch air cushion material, and therefore does not teach the layers of the material. Aquaglide teaches the sofa body comprises a drop-stitch fabric layer (“Drop-stitch core – aramid fibers” in Image 1 above), an airtight coating layer (“Drop-stitch core – woven polyester” in Image 1 above), a fusion layer (“Once the drop-stitch core is made, heat fusion is then used” in the third paragraph of Aquaglide’s article), and a polyvinyl chloride film layer (“Duratex” in Image 1 above, which can come in various materials, including PVC) in sequence from inside to outside, a cutting opening of the drop-stitch fabric layer is sealed by an edge sealing strip (“Inner seam tape” in Image 1 above), a decorative strip (“Tritex” in Image 1 above) is arranged on an outer side of the edge sealing strip, and the decorative strip is bonded to the polyvinyl chloride film layer on an upper side and a lower side, respectively (Image 2 above).
It would have been obvious to use a drop-stitch air cushion material, such as that taught by Aquaglide, in the disclosure of Li as it is a more rigid material for inflatable objects and is commonly used in water sport applications.
Claim 9 – Li does not teach a non-slip wear pad is arranged on a lower end surface of the seat cushion portion. Aquaglide teaches a non-slip wear pad (“EVA deck pad” in Image 1 above).
It would have been obvious to provide the lower end surface of the disclosure of Li with a non-slip wear pad, such as that taught by Aquaglide, to ensure the sofa does not move while the user is sitting in it.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN-2862845-Y) in view of Aquaglide, further in view of Xu (CN-109820361-A).
Xu discloses an inflatable sofa.
Claim 3 – Li does not teach an arc-shaped transition opening is formed at a corner joint between the backrest portion and the armrest portion and the arc-shaped transition opening is concave inward, and a decorative strip at the arc-shaped transition opening is made of an elastic material or a pleated material.
Aquaglide teaches a decorative strip made of an elastic material or a pleated material (“Tritex” in Image 1 above, described as textured Duratex, which can come elastomeric), but does not teach an arc-shaped transition opening is formed at a corner joint between the backrest portion and the armrest portion and the arc-shaped transition opening is concave inward.
Xu teaches an arc-shaped transition opening is formed at a corner joint between the backrest portion and the armrest portion and the arc-shaped transition opening is concave inward (element 10 in figure 3).
Making the joint at which the backrest and armrest meet an arc shape prevents binding of the material in the corner, therefore it would have been obvious to one of ordinary skill in the art to modify the disclosure of Li with the arc-shaped transitions of Xu. It would have been obvious, when modifying the disclosure of Li with the decorative strip of Aquaglide, to also include it in the arc-shaped joint.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN-2862845-Y) in view of Aquaglide, further in view of Brook (AU-3515601-A).
Brook discloses inflatable furnishing.
Claim 4 – Li teaches a joint between the armrest portion and the seat cushion portion, so that after the armrest portion is folded, the armrest portion is in a state of being relatively perpendicular to the seat cushion portion (in figure 2, the armrest portions are in a state of being relatively perpendicular to the seat cushion portion); and
a joint between the backrest portion and the seat cushion portion, so that after the backrest portion is folded, the backrest portion is in a state of being relatively perpendicular to the seat cushion portion (in figure 2, the backrest portion is in a state of being relatively perpendicular to the seat cushion portion).
Li teaches a “connecting cloth on the folding line” in paragraph 1 of the “Specific execution examples” section of the disclosure, however neither Li nor Aquaglide teach a memory elastic sheet being arranged at the joint.
Brook teaches a memory elastic sheet (element 11 in figure 3, described in claim 7 as “an elastic material biasing the region of the base upper skin towards the region of the base lower skin”).
It would have been obvious to use an elastic material, such as that of the disclosure of Brook, to modify the “connecting cloth” of Li to ensure that, as the material stretches from a user sitting in the sofa, the “connecting cloth” returns to its original shape.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN-2862845-Y) in view of Aquaglide, further in view of Avihod (US-5445433-A).
Avihod discloses a chair back with recline adjustment straps.
Claim 7 – Li teaches the connection strap is a buckle (“the fixing connecting device 43 can be … a buckle device” in the fourth paragraph of the “Specific execution examples” section of the disclosure) but neither Li nor Aquaglide teach the connection strap comprises a first connection section arranged on the armrest portion on one side and a second connection section arranged on the armrest portion on another side, the first connection section is detachably connected to the second connection section through an insert buckle, and the first connection section and the second connection section comprise an adjustment strap and an adjustment buckle, respectively.
Avihod teaches the connection strap (element 38 in figure 2) comprises a first connection section arranged on the armrest portion on one side (figure 2) and a second connection section arranged on the armrest portion on another side (figure 2), the first connection section is detachably connected to the second connection section through an insert buckle (figure 6a), and the first connection section and the second connection section comprise an adjustment strap and an adjustment buckle, respectively (figure 6a).
Buckle straps, such as that taught by Avihod, are commonly known in the art, therefore when including a buckle strap as taught by Li, it would have been obvious to one of ordinary skill in the art to use a buckle strap such as that taught by Avihod.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN-2862845-Y) in view of Aquaglide, further in view of Panetis (US-20190298077-A1).
Panetis discloses a sleeping platform that starts flat but folds into an inclined seating surface.
Claim 8 – Li and Aquaglide do not teach the connection strap is an elastic adjustment strap. Panetis teaches the connection strap is an elastic adjustment strap (element 28 in figure 1, described as “elastic securing straps” in paragraph [0023]).
It would have been obvious to one of ordinary skill in the art to use elastic adjustment straps, such as that taught by Panetis, in the disclosure of Li to ensure the straps are not rigid, allowing the user greater flexibility in reclining the inflatable sofa.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN-2862845-Y) in view of Aquaglide, further in view of Cooper (US-20200107640-A1).
Cooper discloses inflatable chairs.
Claim 10 – Li and Aquaglide do not teach a D-shaped ring and an elastic pocket are arranged on an outer side of the armrest portion; and a top end of the backrest portion is provided with a handle.
Cooper teaches a D-shaped ring (element 37 in figure 2) and an elastic pocket (element 36 in figure 2) are arranged on an outer side of the armrest portion (figure 2); and a top end of the backrest portion is provided with a handle (element 34 in figure 2).
It would have been obvious to one of ordinary skill in the art to modify the disclosure of Li with the D-shaped ring and elastic pocket of Cooper to provide the user with storage and amenities.
Allowable Subject Matter
Claims 5 and 6 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:30 AM - 2:30 PM EST.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
Prosecution Insights