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 § 102
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 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.
Claims 11, 13, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuster (US-6412868-B1).
Kuster discloses a motor vehicle seat with lordotic support.
Claim 11 – Kuster teaches a chair, comprising a support force adjustment assembly (figure 1), wherein the support force adjustment assembly comprises:
a frame (element 1 in figure 1);
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a first tensioning member (element A in Image 1 above) and a second tensioning member (element 6 in figure 3), wherein the first tensioning member and the second tensioning member are oppositely arranged on both sides of the frame (figure 3);
an adjustment mechanism (figure 4), movably connected to the frame; and
a flexible support member (element 2 in figure 3), wherein a first end of the flexible support member is secured to the first tensioning member (figure 3), and a second end of the flexible support member passes around the second tensioning member and is secured to the adjustment mechanism (figure 3);
wherein a portion, positioned between the first tensioning member and the second tensioning member, of the flexible support member is configured to supply a support force (the center portion of element 2 in figure 3);
wherein the adjustment mechanism comprises a rotation rod (element 3 in figure 3), the rotation rod is rotatably connected to the frame (figure 2), and the second end of the flexible support member is securely connected to the rotation rod (figure 3);
wherein the rotation rod is configured to, in response to rotating about its own axis relative to the frame, wind the flexible support member around the rotation rod or release the flexible support member wound around the rotation rod to allow the flexible support member to be tightened or loosened, so as to adjust the support force supplied by the flexible support member (figures 3 and 5); and
the adjustment mechanism is further configured to, in response to being secured relative to the frame, maintain a deformed state of the flexible support member (figure 3).
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Claim 13 – Kuster teaches the adjustment mechanism further comprises a drive member (element B in Image 2 above), wherein the drive member is secured to the frame, and an output shaft (element C in Image 2 above) of the drive member is securely connected to the rotation rod to drive the rotation rod to rotate.
Claim 20 – Kuster teaches the flexible support member comprises one or more of a second mesh fabric, an elastic sheet, an elastic band (“belt 2 is stretched” in column 1, line 67 of the disclosure), or an elastic rod.
Claim 21 – Kuster teaches a side wall of the rotation rod is provided with a snap-fit groove, and the second end of the flexible support member is snap-fitted and secured into the snap-fit groove (it can be seen in figure 5 that the flexible support member is fit into a groove in the side of element 3, which allows the flexible support member to be wound).
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.
Claims 14-16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kuster (US-6412868-B1) alone.
Claim 14 – Kuster teaches the adjustment mechanism further comprises a drive shaft (element 5a in figure 4, and taught as a gear shaft in column 2, line 8), and Kuster teaches element 5 as an angular gear in column 2, line 9 but Kuster does not teach element 5a is a worm, and element 5 is a worm gear. Worm and worm gears are old and well known in the art, and have less of a foot print than the angular gears Kuster teaches, therefore it would have been obvious to one of ordinary skill in the art to use a worm in place of the gear shaft and a worm gear in place of the angular gear to engage the drive shaft and the rotation rod in transmission.
Claim 15 – Kuster teaches a limiting chamber (element 4a in figure 4) is arranged in the frame, wherein a limiting block (elements 8 and 9 in figure 4) is arranged in the limiting chamber, the drive shaft is inserted through the limiting chamber and is engaged with threads of the limiting block (part of the limiting block, element 9 in figure 4, is defined as a “draw rope” in column 2, line 18, rope has threads engaging with the drive shaft) at a portion of the limiting chamber where the drive shaft is positioned, and the limiting block is configured to move with rotation of the drive shaft and restrict rotation of the drive shaft in response to moving (figure 4); and/or
a first protrusion is arranged on a side wall of the rotation rod, and a second protrusion is arranged on the frame, wherein the second protrusion is configured to be abutted against the first protrusion with respect to outer walls on both sides thereof in response to rotation of the rotation rod, to restrict a rotation stroke of the rotation rod.
Kuster teaches element 8 of the limiting block as abutting against an outer wall of the limiting chamber, rather than abutting against an inner wall of the limiting chamber. It would have been obvious to one of ordinary skill in the art to place element 8 of the limiting block within the limiting chamber, to abut an inner wall when the spring of Kuster pulls the limiting block since it has been held rearranging parts of an invention involves only routing skill in the art.
Claim 16 – Kuster teaches a first end of the drive shaft protrudes from the frame to form a force-receiving portion (element D in Image 2 above), an accommodation recess (element E in Image 2 above) around the force-receiving portion is arranged in the frame, and a handle (element 4 in figure 4) is rotatably connected to the force-receiving portion; wherein
the handle is configured to, in response to rotating to be parallel with the drive shaft, at least partially protrudes from the accommodation recess, and receive a force and drive the drive shaft to rotate (figure 4); and
the handle is further configured to, in response to rotating to be perpendicular to the drive shaft, be at least partially accommodated in the accommodation recess (figure 4).
Claim 19 – Kuster teaches the first tensioning member and the second tensioning member are oppositely arranged on inner edges of the frame (figure 1), but does not specifically teach a first mesh fabric, wherein the first mesh fabric is securely capped over a front face of the frame, and the flexible support member is arranged on a back face of the first mesh fabric.
Kuster discloses, in column 2, line 50, upholstery as exerting a force on the flexible support member (referred to as a belt in Kuster’s disclosure). Mesh fabric is a well know seat upholstery, and therefore it would have been obvious to one of ordinary skill in the art to use mesh fabric as the upholstery of Kuster, and being that it exerts a force on the flexible support member, it would be capped over the frame and have the flexible support member arranged on the back of it.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Kuster (US-6412868-B1) in view of Warrick (US-4712834-A).
Warrick discloses
Claim 22 – Kuster teaches the second tensioning member and the rotation rod, but does not teach the first and second connection rods.
Warrick teaches a first connection rod (element 28 in figure 3) and a second connection rod (element 20 in figure 3) arranged oppositely, wherein the second tensioning member (element 32 in figure 3) is connected between one ends of the first connection rod and the second connection rod (figure 3), the rotation rod (element 34 in figure 3) is rotatably connected between the other ends of the first connection rod and the second connection rod (figure 3), and the first connection rod, the second connection rod, the second tensioning member and the rotation rod together form a mounting module assembled and secured to the frame (figure 3).
It would have been obvious to one of ordinary skill in the art to provide the second tensioning member and the rotation rod of Kuster with the first and second connection rods of Warrick to better strengthen what otherwise would be highly stressed points of Kuster’s disclosure.
Response to Arguments
Applicant’s arguments with respect to claims 11, 13-16, 19-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. 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 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.
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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