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 Objections
Claims 2, 4, 16, & 18 are objected to because of the following informalities: the phrase "is coupling with" is grammatically incorrect. Appropriate correction is required.
Claims 1 & 15 are objected to because of the following informalities: the phrase “two moving linkage” is grammatically incorrect. Appropriate correction is required.
Claim Interpretation
In Claim 10, “the crossbar” is interpreted to be Reference 38 of Figure 10.
Claim Rejections - 35 USC § 112
Claim 10 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 10 recites the limitation "the crossbar" in line 1, but neither claim 1 nor claim 9 introduce or refer to a crossbar. There is insufficient antecedent basis for this limitation in the claim.
Claims 11 & 12 are indefinite as they depend on an indefinite claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 7-11, & 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lawson US 9468295 B2 (hereinafter Lawson) in view of Shih US 20190298064 A1 (hereinafter Shih).
Re. Cl. 1, Lawson discloses a seating device (Fig. 1, Ref. 10), comprising: a seat base (Fig. 4, Ref. 600); a seat located above the seat base (Fig. 1, Ref. 15); an ottoman (Fig. 3, Ref. 45); a backrest located above the seat base (Fig. 1, Ref. 25); two moving linkages (Fig. 1, Ref. 100; Col. 7, Ln. 50) configured to move the seating device from a first position to a second position (Col. 9, Ln. 14-19), wherein the seating device is capable of being in multiple positions comprising the first position and the second position (Col. 9, Ln. 14-19), wherein the two moving linkages are mirror-symmetric and parallel to each other (Col. 7, Ln. 46-52), wherein each moving linkage comprises a seating bracket (Fig. 5, Ref. 400), a backrest assembly (Fig. 5, Ref. 500), a leg extension (Fig. 5, Ref. 200), and a transmission connecting rod (Fig. 7, Ref. 410), wherein the backrest assembly is pivotally connected to the rear of the seating bracket (Fig. 9, Ref. 417), the leg extension is pivotally connected to the front of the seating bracket (Fig. 10, Ref. 121), and the transmission connecting rod is fixedly connected to the seating bracket (Col. 10, Ln. 12-17), the seat is attached to the seating bracket (Col. 6, Ln. 64-67), the backrest is attached to the backrest assembly (Col. 15, Ln. 49-51), and the ottoman is attached to the leg extension (Col. 15, Ln. 29-31).
Re. Cl. 1, Lawson further discloses a transmission arm (Fig. 5, Ref. 350) configured to couple with the two moving linkages via a universal joint device (Fig. 5, Ref. 325).
Re. Cl. 1, Lawson fails to disclose a swinging device. Shih teaches a swinging device (Fig. 2, Ref. 30) configured to couple between the seat base and seat frame and drive the seat frame to swing relative to the seat base along a front and rear direction (Para. 0022), wherein the swinging device comprises: a swinging actuator (Fig. 2, Ref. 30); and an eccentric transmitter is configured to transmit a swing actuation torque to the seat frame (Para. 0022), wherein the eccentric transmitter comprises a crank (Fig. 3, Ref. 36) and a transmission arm (Fig. 3, Ref. 38), wherein the crank is configured to couple with the swinging actuator (See Fig. 3), and wherein the transmission arm is configured to couple with the two moving linkages via a universal joint device (Fig. 5, Ref. 380). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging device. Doing so would “provide a more comfortable and relaxing user experience” to a conventionally stationary structure (Para. 0002).
Re. Cl. 2, Lawson discloses that the transmission arm is coupled with a crossbar (Fig. 5, Ref. 350) that is directly or indirectly connected to the two moving linkages (Col. 9, Ln. 2-5).
Shih also includes a transmission arm coupled with a crossbar (Fig. 3, Ref. 22; Para. 0022).
Re. Cl. 7, Lawson discloses two ends of a crossbar that are respectively fixedly connected to the backrest assembly (Fig. 5, Ref. 350; Col. 9, Ln. 8-11).
Re. Cl. 7, Lawson fails to disclose a rear crossbar. Shih teaches the crossbar is a rear crossbar (Fig. 3, Ref. 22; Para. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a rear crossbar. Doing so would align the crossbars to orient the seat in the primary direction of swinging motion of the swinging device.
Re. Cl. 8, Lawson discloses a backrest assembly (Fig. 5, Ref. 500) that comprises a backrest bracket (Fig. 5, Ref. 510), a backrest connector (Fig. 5, Ref. 520, 416), and a rear connector (Fig. 5, Ref. 472), a front end of the backrest bracket is pivotally connected to the rear of the seating bracket (Fig. 5, Ref. 405), a rear end of the backrest bracket is pivotally connected to an upper end of the rear connector via the backrest connector (See Fig. 5), a lower end of the rear connector is pivotally connected to the transmission connecting rod (See Fig. 5); and wherein the two ends of the rear crossbar are respectively fixedly connected to the rear connector (Fig. 5; Col. 15, Ln. 54-56).
Re. Cl. 9, Lawson discloses that each moving linkage comprises a swinging mounting plate (Fig. 7, Ref. 740) and the swinging mounting plate is fixedly connected to the transmission connecting rod (Col. 17, Ln. 21-44).
Re. Cl. 9, Lawson fails to disclose a swinging device. Shih teaches the swinging device further comprising a swinging base (Fig. 3, Ref. 20), a top surface of the swinging base is fixedly connected to the swinging mounting plate (Fig. 3, Ref. 26), a bottom surface of the swinging base that is arc-shaped and is configured to swing on the seat base (Fig. 3, Ref. 24; Para. 0021). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging base. Doing so would provide the seat swinging device with a “stable structure [that can be] operated with low noise” (Para. 0021).
Re. Cl. 10, Lawson fails to disclose a swinging crossbar. Shih teaches a swinging crossbar (Fig. 3, Ref. 22), where two ends of the swinging crossbar are respectively fixedly connected to the swinging mounting plate (Fig. 3; Para. 0021), and wherein the eccentric transmitter transmits the swing actuation torque to the swinging crossbar so that the swinging mounting plate swings back and forth on the seat base through the bottom surface of the swinging base that is arc-shaped (Fig. 5-7; Para. 0021). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging device. Doing so would create a smooth pendulum-like motion for an ergonomic swing device with low noise and a longer life span (Para. 0006).
Re. Cl. 11, Lawson discloses that the seat base (Fig. 8, Ref. 600) comprises two base longitudinal beams extending parallel to each other (Fig. 8, Ref. 610, 620), and the seat base further comprises a base cross beam that is transversely connected between the two base longitudinal beams (Fig. 8, Ref. 630).
Re. Cl. 13, Lawson discloses a seating device wherein the first position is one position of a seating position, a TV position, or a reclining position (Fig. 1-3; Col. 4, Ln. 51-54), and the second position is another position of the seating position, the TV position, or the reclining position (Fig. 1-3; Col. 4, Ln. 51-54); wherein in the sitting position, the ottoman is located under the seat (Fig. 1; Col. 4, Ln. 54-65); wherein in the TV position, the ottoman is located in front of the seat, and an angle between the seat and the backrest is substantially the same as in the sitting position (Fig. 2; Col. 4, Ln. 67 - Col. 5, Ln. 15); and wherein in the reclining position, the angle between the seat and the backrest is greater than the angle in the TV position (Fig. 3; Col. 5, Ln. 16-20).
Re. Cl. 14, Lawson discloses a linkage actuator (Fig. 6, Ref. 390) configured to drive the two moving linkages so that the seating device switches between the first position and the second position (Col. 9, Ln. 14-19).
Re. Cl. 15, Lawson discloses that the seating device (Fig. 1, Ref. 10) comprises the seat base (Fig. 4, Ref. 600), a seat located above the seat base (Fig. 1, Ref. 15), an ottoman (Fig. 3, Ref. 45), a backrest located above the seat base (Fig. 1, Ref. 25), and the two moving linkages (Fig. 1, Ref. 100; Col. 7, Ln. 50), and wherein the two moving linkages configured to move the seating unit from a first position to a second position (Col. 9, Ln. 14-19), wherein the seating unit is capable of being in multiple positions comprising the first position and the second position (Col. 9, Ln. 14-19), wherein the two moving linkages are mirror-symmetric and parallel to each other (Col. 7, Ln. 46-52), wherein each moving linkage comprises a seating bracket (Fig. 5, Ref. 400), a backrest assembly (Fig. 5, Ref. 500), a leg extension (Fig. 5, Ref. 200), and a transmission connecting rod (Fig. 7, Ref. 410), wherein the backrest assembly is pivotally connected to the rear of the seating bracket (Fig. 9, Ref. 417), the leg extension is pivotally connected to the front of the seating bracket (Fig. 10, Ref. 121), and the transmission connecting rod is fixedly connected to the seating bracket (Col. 10, Ln. 12-17), the seat is attached to the seating bracket (Col. 6, Ln. 64-67), the backrest is attached to the backrest assembly (Col. 15, Ln. 49-51), and the ottoman is attached to the leg extension (Col. 15, Ln. 29-31).
Re. Cl. 15, Lawson further discloses a transmission arm (Fig. 5, Ref. 350) configured to couple with the two moving linkages via a universal joint device (Fig. 5, Ref. 325).
Re. Cl. 15, Lawson fails to disclose a swinging device. Shih teaches a swinging device (Fig. 2, Ref. 30) comprising: a swinging actuator (Fig. 3, Ref. 32); and an eccentric transmitter is configured to transmit a swing actuation torque to a seat frame of a seating device (Para. 0022), wherein the eccentric transmitter comprises a crank (Fig. 3, Ref. 36) and a transmission arm (Fig. 3, Ref. 38), the crank is configured to couple with the swinging actuator (See Fig. 3), and the transmission arm is configured to couple with the seat frame via a universal joint device (See Fig. 3), wherein the swinging device is configured to couple between a seat base of the seating device and the seat frame (Para. 0022), and the swinging device drives the two moving linkages to swing relative to the seat base along a front and rear direction (Para. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging device. Doing so would provide the seat of a Lawson with a rocking motion to improve user comfort and experience (Para. 0002).
Re. Cl. 16, Lawson discloses that the transmission arm is coupled with a crossbar (Fig. 5, Ref. 350) that is directly or indirectly connected to the two moving linkages (Col. 9, Ln. 2-5).
Shih also includes a transmission arm coupled with a crossbar (Fig. 3, Ref. 22; Para. 0022).
Claims 3-5 & 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lawson US 9468295 B2 (hereinafter Lawson) in view of Shih US 20190298064 A1 (hereinafter Shih) in further view of Underwood et al. US 3287039 A (hereinafter Underwood).
Re. Cl. 3, Lawson discloses a joint device (Fig. 5, Ref. 325) and a mounting base is coupled with the two moving linkages via the crossbar (Fig. 5, Ref. 350; Col. 9, Ln. 5-8). Shih teaches a joint device located at the first end of the transmission arm (Fig. 3, Ref. 38).
Re. Cl. 3, Lawson as modified by Shih fails to disclose a ball joint. Underwood teaches a joint device (Fig. 1, Ref. 10) comprising a transmission arm ball joint (Fig. 1, Ref. 14) and a ball head receiving portion (Fig. 1, Ref. 11), the transmission arm ball joint is located at a first end of the transmission arm (Fig. 1, Ref. 17), the ball head receiving portion is located within a mounting base (Fig. 1, Ref. 11), and the transmission arm ball joint is configured to rotate in the ball head receiving portion at a transmission action point (See Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Lawson's invention with Underwood's teachings of a ball joint. Doing so creates a smoother and more stable rotational motion in the coupling between the transmission arm and the crossbar when engaging in reciprocating motion.
Re. Cl. 4, Lawson discloses that the transmission arm is coupled with the two moving linkages at the transmission action point (Fig. 5, Ref. 325).
Re. Cl. 4, Lawson fails to disclose a crank or a swinging actuator. Shih teaches the crank is coupled with the swinging actuator at a rotational point (Fig. 3, Ref. 33; Para. 0022), and the crank is configured to rotate at the rotational point (Fig. 3, Ref. 33; Para. 0022), and wherein the transmission arm is coupled to the seat frame at the transmission action point (Fig. 3; Para. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging device. Doing so would translate the rotational motion of the crank to a reciprocating motion in the transmission arm, resulting in a smooth pendulum motion for a relaxing user experience.
Re. Cl. 5, Lawson fails to disclose a crank or a swinging actuator. Shih teaches that the swinging device is configured to drive the seating device to alternately switch between a first swinging posture and a second swinging posture (Fig. 6-7; Para. 0022); wherein in the first swinging posture, a distance between the rotational point and the transmission action point reaches the maximum (Fig. 6; Para. 0022); and wherein in the second swinging posture, the distance between the rotational point and the transmission action point reaches the minimum (Fig. 7; Para. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging device. Doing so converts the rotational movement of a motor into a pendulum-like rocking motion in the seat device through the slider-crank mechanism.
Re. Cl. 17, Lawson discloses a joint device (Fig. 5, Ref. 325) and a mounting base is coupled with the two moving linkages via the crossbar (Fig. 5, Ref. 350; Col. 9, Ln. 5-8). Shih teaches a joint device located at the first end of the transmission arm (Fig. 3, Ref. 38).
Re. Cl. 17, Lawson as modified by Shih fails to disclose a ball joint. Underwood teaches a joint device (Fig. 1, Ref. 10) comprising a transmission arm ball joint (Fig. 1, Ref. 14) and a ball head receiving portion (Fig. 1, Ref. 11), the transmission arm ball joint is located at a first end of the transmission arm (Fig. 1, Ref. 17), the ball head receiving portion is located within a mounting base (Fig. 1, Ref. 11), and the transmission arm ball joint is configured to rotate in the ball head receiving portion at a transmission action point (See Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Lawson's invention with Underwood's teachings of a ball joint. Doing so creates a smoother and more stable coupling between the transmission arm and the crossbar when the swinging device is in use.
Re. Cl. 18, Lawson discloses that the transmission arm is coupled with the two moving linkages at the transmission action point (Fig. 5, Ref. 325).
Re. Cl. 18, Lawson fails to disclose a crank or a swinging actuator. Shih teaches the crank is coupled with the swinging actuator at a rotational point (Fig. 3, Ref. 33; Para. 0022), and the crank is configured to rotate at the rotational point (Fig. 3, Ref. 33; Para. 0022), and wherein the transmission arm is coupled to the seat frame at the transmission action point (Fig. 3; Para. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a crank and swinging actuator. Doing so would translate the rotational motion of the crank to a reciprocating motion in the transmission arm, resulting in a smooth pendulum motion for a relaxing user experience.
Re. Cl. 19, Lawson fails to disclose a crank or a swinging actuator. Shih teaches the swinging device is configured to drive the seating device to alternately switch between a first swinging posture and a second swinging posture (Fig. 6-7; Para. 0022); wherein in the first swinging posture, a distance between the rotational point and the transmission action point reaches the maximum (Fig. 6; Para. 0022); and wherein in the second swinging posture, the distance between the rotational point and the transmission action point reaches the minimum (Fig. 7; Para. 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lawson with Shih's teaching of a swinging device. Doing so translates the rotational movement of a motor into simple harmonic motion though the slider-crank mechanism, which results in a pendulum-like rocking motion in the seat device.
Claims 6 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lawson US 9468295 B2 (hereinafter Lawson) in view of Shih US 20190298064 A1 (hereinafter Shih) in further view of Cai et al. CN 219306343 U (hereinafter Cai).
Re. Cl. 6, Lawson discloses two moving linkages (Fig. 1, Ref. 100; Col. 7, Ln. 50), a swinging base plate (Fig. 5, Ref. 350), a front swinging rod (Fig. 8, Ref. 720), a rear swinging rod (Fig. 8, Ref. 730), and the front swinging rod and the rear swinging rod pivotally connected to the transmission connecting rod (Fig. 12, Ref. 711, 712). Shih teaches a swinging device (Fig. 2, Ref. 30).
Re. Cl. 6, Lawson as modified by Shih fails to disclose the alignment of the swinging base plate or rods. Cai teaches a swinging device (Fig. 1, Ref. 2) further comprises a swinging base plate (Fig. 1, Ref. 12), a front swinging rod (Fig. 1, Ref. 22), and a rear swinging rod (Fig. 1, Ref. 23), the swinging base plate is fixedly connected to the seat base (Para. 0037), the front swinging rod and the rear swinging rod are pivotally connected between the swinging base plate and the two moving linkages (Para. 0037); and wherein the front swinging rod is configured to pivotally connect to a front end of the swinging base plate at an upper end of the front swinging rod (Para. 0037), the rear swinging rod is configured to pivotally connected to a rear end of the swinging base plate at an upper end of the rear swinging rod (Para. 0037), and a lower end of the front swinging rod and a lower end of the rear swinging rod are respectively pivotally connected to the transmission connecting rod (Para. 0037). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Lawson's invention with Cai’s teaching of a swinging base plate and rods to connect the swinging device of Shih with the seat of Lawson for the smooth and steady motion of a chair. Doing so reorients the transmission components in the seat device of Lawson to properly couple with the swinging device of Shih.
Re. Cl. 20, Lawson discloses two moving linkages (Fig. 1, Ref. 100; Col. 7, Ln. 50), a swinging base plate (Fig. 5, Ref. 350), a front swinging rod (Fig. 8, Ref. 720), a rear swinging rod (Fig. 8, Ref. 730), and the front swinging rod and the rear swinging rod pivotally connected to the transmission connecting rod (Fig. 12, Ref. 711, 712). Shih teaches a swinging device (Fig. 2, Ref. 30).
Re. Cl. 20, Lawson as modified by Shih fails to disclose the alignment of the swinging base plate or rods. Cai teaches a swinging device (Fig. 1, Ref. 2) further comprises a swinging base plate (Fig. 1, Ref. 12), a front swinging rod (Fig. 1, Ref. 22), and a rear swinging rod (Fig. 1, Ref. 23), the swinging base plate is fixedly connected to the seat base (Para. 0037), the front swinging rod and the rear swinging rod are pivotally connected between the swinging base plate and the two moving linkages (Para. 0037); and wherein the front swinging rod is configured to pivotally connect to a front end of the swinging base plate at an upper end of the front swinging rod (Para. 0037), the rear swinging rod is configured to pivotally connected to a rear end of the swinging base plate at an upper end of the rear swinging rod (Para. 0037), and a lower end of the front swinging rod and a lower end of the rear swinging rod are respectively pivotally connected to the transmission connecting rod (Para. 0037). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Lawson's invention with Cai’s teaching of a swinging base plate and rods to connect the swinging device of Shih with the seat of Lawson for the smooth and steady motion of a chair. Doing so reorients the transmission components in the seat device of Lawson to properly couple with the swinging device of Shih.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lawson US 9468295 B2 (hereinafter Lawson) in view of Shih US 20190298064 A1 (hereinafter Shih) in further view of Lapointe et al. US 20190082843 A1 (hereinafter Lapointe)
Re. Cl. 12, Lawson discloses a fixed seat base (Fig. 8, Ref. 600).
Re. Cl. 12, Lawson as modified by Shih fails to disclose a rotating base. Lapointe teaches a fixed base (Fig. 19, Ref. 22) and a rotating base (Fig. 19, Ref. 26), the fixed base is rotatably connected above the rotating base (Para. 0174), and the rotating base is directly located on the ground (Para. 0170).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Lawson's invention with Lapointe’s teachings of a rotating base. Doing so eases the “the mental fatigue or physical fatigue of a user caused by the swing motion in a single, monotone direction,” allowing the user to personalize their experience and expand the seat’s market potential (Para. 0024).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LaPointe US 20190082841 A1, LaPointe US 20190082849 A1, Li US 11744368 B2, Temple US 20260000200 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELILA S KEBEDE whose telephone number is (571)270-0369. The examiner can normally be reached 6:00AM - 2:00PM, Mon - Thurs.
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/GELILA KEBEDE/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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