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 concave portions, notches, wedges, etc. of claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are further objected to because their low resolution makes details difficult to discern.
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 2-5 and 9-10 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 2 recites a “rotating position” that appears to refer to a mounting portion or member. This is unclear as “position” would typically refer to a location or arrangement rather than a physical structure.
Claim 9 recites “concave positions” that appears to refer to a portion or member. This is unclear as “position” would typically refer to a location or arrangement rather than a physical structure.
Claims 3-5 and 10 are deemed indefinite because they are dependent on an indefinite claim. Note that at least claim 4 also recites the “rotating position.”
Claim Rejections - 35 USC §§ 102, 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 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.
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(s) 1, 2, 6, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by You (US Patent Number 11576494), or, in the alternative, under 35 U.S.C. 103 as obvious over You in view of Yang (US Patent Number 11369239).
Regarding claim 1, You discloses a foldable height-increasing stool with a backrest, comprising: a base (12); a lifting assembly mounted above the base and including a plurality of load-bearing rings (of 1) nested and assembled sequentially from outside to inside, a lifting locking structure being provided between the adjacent load-bearing rings (hook-shaped structures; see figures); and stool panel (11) mounted above the lifting assembly; and a backrest (2 and/or 3) rotatably mounted a rear end of the stool panel (at 111) and having a stowed state abutting against an upper portion of the stool panel (as in Figure 1 for instance; note that alternatively member 2 could be raised while member 3 remained lowered in such a state), and a use state of pivoting upward away from the stool panel (as in Figure 3 for instance), in the use state, a positioning structure (of 111) that cooperates to fix a position of the backrest being provided between the backrest and the stool panel, wherein the lifting locking structure has a locking position and an unlocking position, and is switched therebetween through same-direction and circumferential rotation of all the load-bearing rings, in the use state, the adjacent load-bearing rings are mutually pulled to the farthest end, so that the lifting locking structure is at the locking position and fixes relative positions of all the load-bearing rings; and in the stowed state, the lifting locking structure is switched to the unlocking position, all the load-bearing rings are lowered to a height of the lowermost load-bearing ring, and the stool panel and the base cooperate to cover the lifting assembly (as in Figure 2; note that the device would necessarily operate as claimed based on the disclosure of a conventional nested collapsible stool arrangement and the lifting locking structures as shown). While You is thus viewed as disclosing the arrangement as claimed, explanation of the lifting locking arrangement may not be explicit. The apparent arrangement is well-known however as shown by Yang who discloses a related device with a lifting locking structure having a locking position and an unlocking position, and is switched therebetween through same-direction and circumferential rotation of all the load-bearing rings, in the use state, the adjacent load-bearing rings are mutually pulled to the farthest end, so that the lifting locking structure is at the locking position and fixes relative positions of all the load-bearing rings; and in the stowed state, the lifting locking structure is switched to the unlocking position, all the load-bearing rings are lowered to a height of the lowermost load-bearing ring (see figures and the paragraph bridging columns 4 and 5). Accordingly, even if You did not clearly disclose the lifting locking arrangement as claimed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide such as taught by Yang because this could provide a simple and effective means of securing the device for user safety and comfort.
Regarding claim 2, You, optionally modified as described, further discloses the rear end of the stool panel is provided with at least one rotating position (of and/or at 111), and one end of the backrest is provided with at least one rotating member (also of and/or at 111) rotatably mounted in cooperation with the rotating position (i.e. opposite portions of the hinge assembly would meet these limitations).
Regarding claim 6, You, optionally modified as described, discloses an arrangement as explained above but does not disclose details of the surface of the stool panel. Yang further discloses an upper end surface of a stool panel extending in a wave shape and having a wave crest and two wave troughs, the two wave troughs are respectively located on left and right sides of the wave crest, and a height of the wave crest is greater than heights of the wave troughs (see at least Figure 1). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a shape as taught by Yang in You’s device because this could improve comfort and support for various users.
Regarding claim 7, You, optionally modified as described, further discloses the upper end surface of the stool panel is provided with at least one vacancy recessed downward (it is open centrally; see figures), the backrest is provided with a through opening (at least 3 has such an opening), and in the stowed state, the through opening corresponds to the at least one vacancy position and cooperates with the at least one vacancy position to form a holding position for a human hand to grip (in the alternative stowed state noted above for instance, the arrangement would meet these limitations).
Regarding claim 8, You, optionally modified as described, further discloses the load-bearing rings include a lower connection load-bearing ring fixed on the base, an upper connection load-bearing ring fixed on the stool panel, and a plurality of intermediate load-bearing rings arranged between the upper connection load-bearing ring and the lower connection load-bearing ring, the lifting locking structure includes a plurality of coupling groove groups arranged at intervals along a circumferential direction of the intermediate load-bearing rings or the lower connection load-bearing ring, and a plurality of sliding blocks fixed on lower ends of the intermediate load-bearing rings or the upper connection load-bearing ring, each of the coupling groove groups includes a plurality of coupling grooves arranged at intervals from each other, each of the coupling grooves includes a positioning portion and a guiding portion, the positioning portion is provided on one side of an upper end of the guiding portion and forms a bending structure, the guiding portion extends vertically, the sliding block is slidably connected in the coupling groove, in the use state, the sliding block is placed in the positioning portion and forms a locking position, and in the stowed state, the sliding block is separated from the positioning portion and translates to a lowermost end of the guiding portion (see figures; this is the general arrangement of You and, at least as modified by Yang, how the device operates – see again the disclosure of Yang’s operation).
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over You, optionally in view of Yang, and further in view of Rolfshus (US Patent Number 3715996).
Regarding claim 9, You, optionally modified as described, discloses an arrangement as explained above but does not disclose concave positions and wedges. Rolfshus discloses a related device including upper end surfaces of intermediate load-bearing rings and a lower connection load-bearing ring are provided with a plurality of concave positions spaced apart from each other and recessed downward along the circumferential direction of the upper end surfaces of the intermediate load-bearing rings and the lower connection load-bearing ring, a bottom end of each concave position is provided with a notch (see for instance Figure 4 showing a concave position at 401 and a notch at a lower left side thereof), lower ends of outer walls of the intermediate load-bearing rings and the upper connection load-bearing ring are provided with a plurality of load-bearing wedges (of 403, 404, etc.), in the use state, in two adjacent load-bearing rings, the load-bearing wedge located on the upper load-bearing ring abuts against an upper side of the bottom end of the concave position located on the lower load-bearing ring, and in a process of switching from the use state to the stowed state, the load-bearing wedge located on the upper load-bearing ring enters from the upper side of the bottom end of the concave position of the lower load-bearing ring through the notch to a lower side of the notch (this is the general manner of operation). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide concave positions and wedges as taught by Rolfshus in You’s device, as optionally modified, because this could improve comfort and support for various users. Note that even in the case that the particular number and arrangement of concave positions, wedges, etc. were not clearly disclosed, as duplication and rearrangement require only routine skill in the art, it further would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the components as claimed based on normal variation to improve comfort and safety for various users.
Regarding claim 10, You, modified as described, further discloses the upper connection load-bearing ring is fixed below the stool panel through clamping of a plurality of clamping blocks and clamping openings, the lower connection load-bearing ring is fixed above the base through clamping of a plurality of clamping blocks and clamping openings (at least of the lifting locking structure for instance), at least one tension spring (4) vertically placed is provided between the base and the stool panel, and a handle ring (6 or 7) is provided on the stool panel or the base.
Allowable Subject Matter
Claims 3-5 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636
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