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 .
This is the first Office Action for the serial number 18/963,580, HEAVY LOADED POWERED CHAIR, filed on 11/28/24.
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 4 and 9 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.
Claim 4, line 3, “at least one connecting plate pivotally connected to the at least one frame connecting plate” is indefinite because they are the both same elements.
Claim 9 recites the limitation "support structure" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is rejected as depending on rejected claim 4.
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 1-3 and 5 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent Application Publication # 2016/0273632 to Lawson et al.
Lawson et al. teaches base (102,104, 106), a seat assembly (100) operatively connected to the base, a backrest assembly including at least one backrest mounting bracket (208) for mounting a backrest thereon, operatively connected to the seat assembly, a footrest assembly including at least one footrest mounting bracket (164) upon which a footrest can be mounted and a plurality of linkage members (160, 168, 172, 156, etc) operatively connected the at least one footrest mounting bracket of the footrest assembly to the seat assembly and a single actuator (112) operatively connected to both the footrest assembly and the backrest assembly for moving the footrest assembly, having the at least one footrest mounting bracket for mounting a footrest thereon, between extended and retracted positions, and for moving the backrest assembly, having the at least one backrest mounting bracket for mounting a backrest thereon, between upright and reclined positions. Wherein the single actuator is operatively connected to both the footrest assembly and the backrest assembly for moving the footrest assembly, having the at least one footrest mounting bracket for mounting a footrest thereon between extended and retracted positions, and for moving the backrest assembly, having the at least one backrest mounting bracket for mounting backrest thereon, between upright and reclined positions in a sequential manner. Wherein single actuator is operatively connected to both the footrest assembly and the backrest assembly so as to move the footrest assembly and the backrest assembly in the sequential manner wherein the at least one backrest mounting bracket will only be moved from the upright position to the reclined position after the footrest assembly has been moved from the retracted position to the extended position. The single actuator comprises a linear actuator (section 0023).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lawson et al. in view of US Patent Application Publication # 2012/0248831 to Garland.
Lawson et al. teaches the seat assembly comprising at least one seat frame connecting plate (176), at least one limit link pivotally (196) connected to the base but fails to teach a spring operatively connected to the at least one connecting plate and to the least one limit link. Garland teaches the spring (122). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added spring to Lawson et al.’s connecting plate and limit link as taught by Garland to “provides additional resistance against the reclining action of the backrest” (section 0055 in Garland’s invention).
Allowable Subject Matter
Claims 6-8 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.
Claim 9 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.
The following is an examiner’s statement of reasons for allowance: Regarding claim 6, the prior arts fail to teach all of the limitations from claims 1, 5 and 6 especially with “a power driving tube mounted within said at least one seat frame connecting plate”. Regarding claim 9, the prior arts fail to teach the limitations from all of claims 1-4 and 9 especially with “a rear end portion of said at least one L-shaped link being connected to said at least one ear swing link and said at least one connecting plate.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent Application Publication # 2016/0106215 to Crum
US Patent Application Publication # 2023/0072756 to Liu et al.
US Patent Application Publication # 2025/0248521 to Jiang et al.
US Patent Application Publication # 2020/0163458 to Murphy
US Patent Application Publication # 2024/0032693 to Liu et al.
US Patent Application Publication # 2025/0338963 to Li et al.
The cited references above teach the chair with footrest structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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.
ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 6/18/26
Prosecution Insights