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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 8 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by DuFresne (US 10,595,639 B2).
Regarding claim 1, DuFresne discloses a method of positioning a movable back support with respect to a seat having a backrest and left and right backrest rails (first seat back support member 26a and second seat back support member 26b, fig. 2), comprising:
loosening one or more of left and right adjustment mechanisms of left and right straps, respectively, of the movable back support (Col. 9, lines 32-39, “the fastener 154 is illustrated as one or more straps 154 that each includes a hook-and-loop type fastener to fasten one of the depth adjustment brackets 82a to the respective first or third pads 130a, c. In other embodiments, the fastener 154 can be a single strap, two straps, or three or more straps, and/or can be any suitable fastener or fastening device (e.g., a snap button or snap fastener, a snap hook, etc.)”; as shown in figs. 11 & 13, each of the straps 154 includes a hook-and-loop type fastener);
positioning the left and right straps along the left and right backrest rails, respectively (fig. 5), to position the back support to (1) a desired height relative to the backrest (Col. 10, lines 17-25, “[t]o adjust a height of the seat back tensioning assembly 30a in relation to the back support members 26, each width adjustment bracket 94c is configured to slide with respect to the back support member 26 to which it attaches. Stated another way, each width adjustment brackets 94c slidably engages the associated back support members 26, and is configured to slide along the associated back support members 26 to a desired height or position on the associated back support members 26”; as shown in figs. 7 & 11, the left and right straps are positioned along the first and second support members 26a via the depth adjustment assembly 34), and (2) a desired distance from the left and right backrest rails (the desired distance can be adjusted via the hook-and-loop straps 154);
tightening the one or more left and right adjustment mechanisms sufficiently to fix the back support in both the desired height and the desired distance (tightening the hook and loop fastener would necessarily provide tension on the bracket 82 and depth adjustment assembly 34 which would further fix the back support in both the desired height and desired distance); and
tightening a tightening mechanism (adjustable tension member 62, fig. 13) to slide left and right sliding members (cables 66, fig. 13) coupled to the left and right straps (as shown in fig. 13, cables 66 are coupled to fasteners 154), respectively, and thereby alter tension in the left and right straps (Col. 3, lines 65-67-Col. 4, lines 1-4, “[t]he adjustable tension member 62 can be a ratchet assembly, a ratchet actuator, or any other suitable assembly for adjusting a tension of the cable 66. For example, the tension of the cable 66 can be adjusted by selectively increasing or decreasing a length of the cable 66 that extends between the seat back support member 26a, b”). The cooperative relationship between the adjustable tension member 62 acting on the collective cable 66 and associated strap member selectively increases or decreases the tension).
Regarding claim 2, DuFresne discloses the invention in claim 1, and further discloses wherein loosening the one or more left and right adjustment mechanisms comprises lengthening one or more of the left and right straps (loosening and adjusting the left and right hook-and-loop type fastener would necessarily result in lengthening of the left and right straps).
Regarding claim 3, DuFresne discloses the invention in claim 1, and further discloses wherein tightening the one or more left and right adjustment mechanisms comprises shortening one or more of the left and right straps (tightening the left and right hook-and-loop type fastener such that a portion of the strap is overextended, would necessarily result in shortening the left and right straps).
Regarding claim 4, DuFresne discloses the invention in claim 1, and further discloses wherein positioning the left and right straps comprises sliding the left and right straps up or down the left and right backrest rails (as shown in figs. 8 and 9, left and right straps 154 slide up and down the left and right seat support members 26 via the adjustment brackets 94a, b).
Regarding claim 5, DuFresne discloses the invention in claim 1, and further discloses wherein tightening the tightening mechanism (adjustable tension member 62, fig. 13) comprises pulling a cord of the tightening mechanism to mutually slide the left and right sliding members towards one another to add tension in the left and right straps (Col. 4, lines 36-38, “[t]his allows a single adjustable tension member 62 to adjust a tension of the cable 66, and more specifically an associated length of exposed cable 66”. As the adjustable tension member 62 adjust a tension of the cable 66, the cable is being pulled towards the adjustable tension member in order to add tension to the left and right straps and the over system).
Regarding claim 8, DuFresne discloses the invention in claim 1, and further discloses further comprising loosening the tightening mechanism (Col. 4, lines 58-66, “[t]o adjust a tension of the cable 66 for each tension adjustment member 50, each associated adjustable tension member 62 can be rotated to position a desired exposed length of cable 66. The desired exposed length of the cable 66 (e.g., either a longer or a shorter exposed length of the cable 66) can be selected based on a comfort of a user, proper sitting position, position of each tension adjustment member 50, and/or as an orthotic to achieve a desired outcome for the user”) to slide the left and right sliding members (adjusting the length of the cable 66 to be longer would allow the cable 66 to slide throughout the guide members or channels 78), respectively, and thereby alter tension in the left and right straps (loosening the cables 66 through the tension member 62 would relieve the tension applied to the left and right straps).
Allowable Subject Matter
Claims 6-7 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
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See PTO 892.
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/N.A./Examiner, Art Unit 3647
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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