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 2-4, 11, and 16-18 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 2:
In line 4, it is unclear if “a second end of the elastic support rod” is the same as the “second end of the plurality of elastic support rods” in line 11 of claim 1;
Also in line 4, it is unclear if “a second end of the elastic support rod” is referring to the second end of a specific elastic support rod, or all of the plurality of elastic support rods.
Claims 3 and 4 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 2.
Regarding claim 11, the elastic support member being “in a strip shape” is already detailed in line 3 of claim 1. Therefore, it is unclear if claim 11’s “strip shape” limitation is meant to be a further limitation of the elastic support member or is meant to be a recitation of the limitation of claim 1.
Regarding claim 16:
In line 4, it is unclear if “a second end of the elastic support rod” is the same as the “second end of the plurality of elastic support rods” in line 12 of claim 15;
Also in line 4, it is unclear if “a second end of the elastic support rod” is referring to the second end of a specific elastic support rod, or all of the plurality of elastic support rods.
Claims 17 and 18 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 16.
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, 8, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US-10299602-B2) and Yoo (KR-101502994-B1).
Wu discloses a backrest having a back support structure. Yoo discloses a backrest having spinal support.
Claims 1 and 15 – Wu teaches a chair (figure 1), comprising a back support assembly (elements 20 and 40 in figure 1), wherein the back support assembly comprises:
a back support frame (element 20 in figure 1) having a connection portion (elements 25 and 30 in figure 2);
an elastic support member (element 41 in figure 5) in a strip shape (figure 5), wherein two ends of the elastic support member are connected to the connection portion (figure 2), and a middle section of the elastic support member is bent towards a direction facing away from the connection portion (figure 6);
Wu does not teach a plurality of elastic support rods arranged at an angle to each other, wherein a first end of each of the plurality of elastic support rods is connected to a first side of the middle section of the elastic support member, the first side being a side, facing away from the connection portion, of the middle section, and each of the plurality of elastic support rods is bent from the first side towards a direction facing away from the elastic support member, and Wu does not teach an elastic support sheet, wherein a second end of each of the plurality of elastic support rods is connected to a back face of the elastic support sheet, and a front face of the elastic support sheet allows a human back to lean against.
Yoo teaches a plurality of elastic support rods arranged at an angle to each other (element 41 in figure 2); and
an elastic support sheet (elements 401, 402, and 403 in figure 2), wherein a second end of each of the plurality of elastic support rods is connected to a back face of the elastic support sheet (figure 2), and a front face of the elastic support sheet allows a human back to lean against.
The multiple support strips of Wu, element 42 in figure 4, provide the user with a wide range of back support in the vertical direction. Yoo’s elastic support sheet also provides the user with a wide range of back support in the vertical direction. It has been held that forming in one piece an article which has formerly been formed in more than one than one piece involves only routine skill in the art. Using the elastic support sheet of Yoo to make such a modification would have been obvious to one of ordinary skill in the art. Yoo’s elastic support sheet uses a plurality of elastic support rods to attach, therefore, it would have been obvious to place the plurality of elastic support rods in such a way that a first end of each of the plurality of elastic support rods is connected to a first side of the middle section of the elastic support member, the first side being a side, facing away from the connection portion, of the middle section, and each of the plurality of elastic support rods is bent from the first side towards a direction facing away from the elastic support member
Claim 8 – Wu teaches the connection portion comprises a first connection portion (element 25 in figure 2) and a second connection portion (element 30 in figure 2), wherein a first end of the elastic support member (element 43 in figure 6) is rotatably connected to the first connection portion (the connection point of the elastic support member can be seen as a through hole in element 431 to allow for rotatable connection in figure 4), a second end of the elastic support member (element 44 in figure 6) is slidably connected to the second connection portion along an extension direction of the elastic support member, and the second end of the elastic support member is configured to adjust an elastic force of the elastic support member during sliding relative to the second connection portion (element 30 is described as a lifting structure, therefore it would have been obvious that as element 30 slides upward along the backrest, the second end of the elastic support member adjust an elastic force of the elastic support member).
Claim 11 – Wu teaches the elastic support member is in a strip shape extending in a vertical direction (figure 5).
Claim 12 – Wu teaches the elastic support member is in a keel shape with a plurality of notches in both sides (elements 411 and 412 in figure 6).
Claim 13 – Wu teaches the notches are tapered in shape with a cross-section resembling an inverted T (figure 6), and a spacer is filled inside each of the notches (element 45 in figure 6).
Claim 14 – Wu does not teach the elastic support sheet. Yoo teaches a dimension along a vertical direction of a top petal in the elastic support sheet is greater than a dimension along the vertical direction of a bottom petal in the elastic support sheet (figure 2).
When modifying the disclosure of Wu with the elastic support sheet of Yoo, it is obvious that characteristic features of Yoo’s elastic support sheet, such as the dimensioning of the petals, would be retained.
Claims 5, 6, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US-10299602-B2) and Yoo (KR-101502994-B1), further in view of Neil (US-20160360892-A1).
Claims 5 and 19 – Wu teaches a chair back frame that appears as though it is supposed to be used with a mesh fabric as mesh fabric-backed chairs are common in the art, however, Wu is silent on a mesh fabric mounting frame surrounding an outer periphery of the elastic support sheet as being arranged on the back support frame, wherein the mesh fabric mounting frame is configured to be connected to an edge of mesh fabric, and the front face of the elastic support sheet is configured to be abutted against the mesh fabric and allow, together with the mesh fabric, the human back to lean against.
Neil teaches a mesh fabric mounting frame (element 42 in figure 4b) is arranged on the back support frame (element 46 in figure 4b), wherein the mesh fabric mounting frame is configured to be connected to an edge of mesh fabric (element 12 in figure 3).
It would have been obvious to one of ordinary skill in the art to use a mesh fabric for the portion of the chair of Wu that comes in contact with the user as mesh fabric chairs are well known in the art as a suitable material for chairs, in particular office chairs, as mesh is a breathable material that does not sacrifice support. It would have been obvious to place the mesh fabric on the frame in such a way that the mesh goes over the elastic support sheet, when modifying the disclosure of Wu with the elastic support sheet of Yoo, as chairs featuring lumbar support are known in the art to have a cushion, upholstery, or fabric buffer between the user and the lumbar support device.
Claims 6 and 20 – Wu does not teach the elastic support sheet. Yoo teaches the elastic support sheet is in a four-petal shape that is mirror-symmetrical relative to a vertical line of symmetry (figure 2).
When modifying the disclosure of Wu with the elastic support sheet of Yoo, it is obvious that characteristic features of Yoo’s elastic support sheet, such as the four-petal shape this is mirror-symmetrical relative to a vertical line of symmetry, would be retained.
Allowable Subject Matter
Claims 2-4 and 16-18 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.
Claims 7, 9, and 10 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.
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