May 28, 2026
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “storage mechanism” in claim 1 must be shown or the feature(s) canceled from the claim(s). In the specification, Applicant describes “storage mechanism 11”. However, the reference number 11 does not appear in any of the drawings. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Reference number 11 does not appear in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second chair base (being) connected to the first chair base in a flipping manner through the storage mechanism”, in claim 1, and “the second chair base (being) folded and stored between the first seat and the first chair base, with the connecting port coming into contact with the pneumatic rod”, as defined in claim 2, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-8 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.
Applicant fails to show much of the claimed subject matter of Claims 1-2. It is not clear exactly how the “second chair base” moves in a “flipping manner” or how “the second chair base (being) folded and stored between the first seat and the first chair base, with the connecting port coming into contact with the pneumatic rod”.
The aforementioned problems render the claims vague and indefinite. Clarification and/or correction is required.
Claim Rejections - 35 USC § 102
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.
Claim 1, so far as understood, is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Benden et al. (U.S. Patent Application Publication No. 2023/0232993 A1, now U.S. Patent No. 12,226,031 B2).
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As for Claim 1, Bended et al. teach an ergonomic sit-stand chair, comprising a first chair base 114, a pneumatic rod 112 (see the specification at column 3, lines 36-38 where it reads “ For example, post 112 may include a gas lift cylinder or equivalent to allow a user to adjust a height of stool 100. “), and a first seat 102 connected in sequence, as well as a first backrest 116 and a backrest bracket (see annotated Fig. 2 above), wherein the first seat 102 is connected to a first end of the backrest bracket, and a second end of the backrest bracket is connected to the first backrest 116; the first chair base is provided with a second chair base 104 and a storage mechanism; and the second chair base is connected to the first chair base in a flipping manner through the storage mechanism (see Fig. 2).
As for Claim 7, Bended et al. teach that a surface of the second chair base is provided with an anti-slip layer (see paragraph [0023] where it reads “ .
Claim 1, so far as understood, is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reus (U.S. Patent No. 10,405,666 B1)
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As for Claim 1, Reus teaches an ergonomic sit-stand chair, comprising a first chair base 62, a pneumatic rod 58,60; and a first seat 14 connected in sequence, as well as a first backrest 16 and a backrest bracket (see annotated Fig. 4 above), wherein the first seat 14 is connected to a first end of the backrest bracket, and a second end of the backrest bracket is connected to the first backrest 16; the first chair base is provided with a second chair base 70 and a storage mechanism; and the second chair base 70 is connected to the first chair base in a flipping manner through the storage mechanism (see Fig. 4).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Benden et al. (U.S. Patent Application Publication No. 2023/0232993 A1, now U.S. Patent No. 12,226,031 B2) in view of Onopa (U.S. Patent Application Publication No. 2012/0319444 A1).
Benden et al. teach the structure substantially as claimed but is silent as to whether or not a surface of the second chair base is provided with an anti-slip layer.
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However, Onopa teaches a similar sit-stand chair that has a second chair base wherein a surface of the second chair base is provided with an anti-slip layer (see paragraph [0039] where it reads “Similarly, foot rest 65 may include a covering, coating or surface texture, such as a friction-increasing texture or non-slip coating, to prevent a user's feet from sliding on foot rest 65. In still further exemplary embodiments, additional coverings, coatings or surface textures may be applied to foot-rest 65 to increase an individual's comfort, such as padding, ergonomic contours, and these and combinations of other coverings, coatings or surface textures known in the art.”). It would have been obvious and well within the level of ordinary skill in the art for the second chair base, as taught by Benden et al., to include an anti-slip layer, as taught by Onopa, since it would prevent a user's feet from sliding on the second chair base.
Allowable Subject Matter
Claims 2-6 and 8 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it teaches structures and concepts similar to those of the present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rodney B. White whose telephone number is (571)272-6863. The examiner can normally be reached 8:30 AM-5:00 PM.
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 R. 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.
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/Rodney B White/Primary Examiner, Art Unit 3636
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