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 .
This non-final Office action is in response to Applicant’s patent application number 19/017,225 filed on 1/10/2025.
Currently, claims 1-9 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/10/2025 is being considered by the examiner.
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 side A and side B 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 Objections
Claims 5, 6 are objected to because of the following informalities: claim 5, line 3; a phrase “each comprise” should be read --each comprises--. Claim 6, line 3; having the same issue as mentioned. Appropriate correction is required.
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 1-9 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.
Re claim 1, lines 2-3; a citation “a middle section” is confusing and indefinite because it’s unclear whether the same as “a middle section” cited in line 2? Correction is required. Suggestion: “a first middle section…a second middle section” for differentiating the two different middle sections. Claims 2-9 depending upon the rejected claim 1 are also rejected. There is the same issue for “a bent section…a bent section” in line 8. Correction is required. Claim 9, line 3; having the same issue as mentioned for “an upper end…an upper end”. Correction is required.
Re claim 1, line 7; a conditional phrase “when” renders the claim indefinite and confusing because "when" is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. See § MPEP 2103 (C). Correction is required.
Re claim 1, lines 9, 11; a phrase “which” renders the claim indefinite and confusing because it’s unclear whether “which” referring to which structure? Clarification is required. Claims 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.
Claim(s) 1-4 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 7,828,377 to Grace.
Re claim 1: Grace discloses a height-adjustable folding chair 10 (Fig. 1), comprising a first support 16, a second support 16, and a seat plate 14, wherein a middle section 20 of the first support 16 is connected to a middle section 20 of the second support 16 through a hinge shaft 18, a lower section 24 of the first support 16 and a lower section 24 of the second support 16 each have a bending angle 26, and two ends of the seat plate 14 are pivotally secured with a first support upper cross rod 27 and a second support upper cross rod 27 respectively; the seat plate 14 has a side A and a side B facing away from the side A; and when the first support 16 and the second support 16 are unfolded in an X shape, a bent section 26 of the first support 16 and a bent section 24 of the second support 16 are bent facing each other (see Fig. 2), in which case the side B of the seat plate 14 faces upwards, or the bent section 26 of the first support 16 and the bent section 26 of the second support 16 are bent facing away from each other, in which case the side A of the seat plate faces upwards.
Re claim 2: wherein the seat plate 14 is a soft-body seat plate (i.e. wherein 14 points to) comprising two tubes 29 and a soft connecting body (i.e. at 14), the two tubes 29 are coupled and fixed to the first support upper cross rod 27 and the second support upper cross rod 27 respectively, and two ends of the soft connecting body are connected to the two tubes 29/29 respectively.
Re claim 3: wherein the seat plate 14 is a hinge seat plate comprising a front plate (i.e. near 27) and a rear plate (i.e. near 10), a front end of the front plate is pivotally secured with the first support upper cross rod 27, a rear end of the rear plate is pivotally secured with the second support upper cross rod 27, a rear end of the front plate and a front end of the rear plate have square wave shapes engaging each other, and engaging portions are connected to each other through a transverse hinge shaft 28.
Re claim 4: wherein the seat plate 14 is a sliding seat plate which is a rigid plate (i.e. when the eat plate in use), the sliding seat plate 14 is provided with a slotted hole (i.e. near 27) at a front side portion for pivotal secure with the first support upper cross rod 27, allowing the first support upper cross rod 27 to slide within the sliding seat plate 14, and the sliding seat plate 14 is provided with a round hole (i.e. near 27) at a rear end for pivotal secure with the second support upper cross rod 27.
Re claim 8: further comprising a backrest support 15’ and a backrest fixing plate 17 (Fig. 26), wherein a lower end of the backrest support 15’ is pivotally secured with an upper section of the second support 16 (Fig. 28), a snap point (i.e. near 70 points to, Fig. 29) is provided above a portion of the second support 16 hinged to the backrest support 15’, one end of the backrest fixing plate 17 is pivotally secured with a lower section of the backrest support 15’, and a snap opening fitting with the snap point is provided at the other end of the backrest fixing plate 17.
Re claim 9: further comprising an armrest support (see Fig. 26) and a backrest support 15’, wherein a lower end of the armrest support is pivotally secured with an upper end of the first support 16 or 76 (Fig. 26), an upper end of the backrest support 15’is pivotally secured with an upper end of the armrest support (Fig. 26), a snap point is provided at an upper end of the second support 76, and a snap opening fitting with the snap point (Fig. 26) is provided at a lower end of the backrest support 15’.
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(s) 5, 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 7,828,377 to Grace in view of US No. 12,502,720 to Higgins. Grace discloses basic structures for the claimed invention as stated above but does not disclose expressly wherein the first support comprises two parallel first support connecting rods and the first support upper cross rod, the first support connecting rods each comprise a first support first connecting rod and a first support second connecting rod, two ends of the first support upper cross rod are connected to upper ends of the two first support first connecting rods respectively, a lower section of the first support first connecting rod is movably inserted into an upper end of the first support second connecting rod, a pin hole is provided at a side portion of a lower end of the first support first connecting rod, two pin holes are provided at a side portion of an insertion-receiving section of the first support second connecting rod, and relative positions of the first support first connecting rod and the first support second connecting rod are secured by inserting a pin into the corresponding pin holes; wherein the second support comprises two parallel second support connecting rods and the second support upper cross rod, the second support connecting rods each comprise a second support first connecting rod and a second support second connecting rod, two ends of the second support upper cross rod are connected to upper ends of the two second support first connecting rods respectively, a lower section of the second support first connecting rod is movably inserted into an upper end of the second support second connecting rod, a slotted hole is provided at a side portion of an inserted section of the second support first connecting rod, a pin hole is provided at a side portion of an upper end of the second support second connecting rod, and a pin passing through the slotted hole is provided in the pin hole; and wherein the second support comprises two second support connecting rods, two fixing sleeves, and one second support upper cross rod, the two second support connecting rods are disposed in parallel, the two fixing sleeves are fixed to two ends of the second support upper cross rod respectively, the two fixing sleeves are slidably sleeved on upper ends of the two second support connecting rods respectively, and a fixing point is provided at the upper end of each of the second support connecting rods to prevent the corresponding fixing sleeve from slipping, thereby ensuring the lowest position of the corresponding fixing sleeve.
Higgins discloses in Figs. 1, 2, 3 and 6-7; including a support 144 comprises two parallel first support connecting rods 110/112 and the first support upper cross rod 120, the first support connecting rods 110/112 each comprise a first support first connecting rod 110 and a first support second connecting rod 112, two ends of the first support upper cross rod 120 are connected to upper ends of the two first support first connecting rods 110/112 respectively, a lower section of the first support first connecting rod is movably inserted into an upper end of the first support second connecting rod, a pin hole 124 (see Figs. 2-3 ) is provided at a side portion of a lower end of the first support first connecting rod 110/112, two pin holes 120/122 are provided at a side portion of an insertion-receiving section of the first support second connecting rod, and relative positions of the first support first connecting rod and the first support second connecting rod are secured by inserting a pin into the corresponding pin holes (see Figs. 2-3). Note, structures of the claims 5-7 are substantially similar. Figs. 2, 3, 6-8 of Higgins discloses such the structures as claimed. In view of Higgins, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to modify the Grace’s frame structures as taught by Higgins in order to enhance lightweight, easily disassembly and easily for packing/shipping.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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