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 is the first Office Action for the serial number 19/018,582, HEIGHT CONTROL APPARATUS FOR HEADREST AND CHAIR COMPRISING SAME, filed on 1/13/25.
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 1-12 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 1, lines 6-7, “a height control guide block inserted between the back surface of the headrest main body” is indefinite because the drawings in applicant’s invention do not show the height control guide block is in between the back surface of the headrest.
Claim 1, lines 11-12, the frictional force generator “being in contact with the back surface” is indefinite because the frictional force generator contacts the guide panel # 150 not the back surface of the headrest main body, see figure 10A in applicant’s drawing.
Claims 2-12 are rejected as depending on rejected claim 1.
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.
Claims 1, 3-5, 7-8 and 12 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent Application Publication # 2010/0038949 to Liao.
Liao teaches a height control apparatus for a headrest comprising an installation part (11) formed to be recessed forward on a back surface of a headrest main body (1). The apparatus includes support members (4,31) provided on both left and right end portions of the installation part and a height control guide block (3) corresponding to the installation part and the support member. The apparatus includes a frictional force generator (S) coupled to front surfaces of a pair of guide protrusions (32) which correspond to both left and right end portion of the height control guide block to generate a frictional force corresponding to a reaction force of an initial operating force provided by a user. The frictional force generator is formed of a flexible material (spring). The frictional force generator is formed of a frictional material that generates a predetermined frictional force between the frictional force generator and the back surface of the headrest main body which corresponds to the installation part. Wherein the frictional force generator is formed so that a front end has an amount of protrusion generating the frictional force on the back surface of the headrest main body, which corresponds to the installation part, from the front surface of the height control guide block. The apparatus includes a rear cover panel (21) which is coupled to a rear portion of the headrest main body and in which a through hole (41) is formed so that a space corresponding to the installation part communicates rearward. Wherein each of left and right inner ends of the through holes (41) is provided to have a separation distance in which the support member is capable of being hidden from the outside. The apparatus includes a chair (see abstract).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liao.
Liao teaches the upper end of the installation part and an upper end of the support member but fails to teach a separation distance between the upper end of the installation part and the upper end of the support member to be greater than a vertical length of the pair of guide protrusions of the height control guide block. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the separation distance between the upper end of the installation part and the upper end of the support member to be greater than a vertical length of the pair of guide protrusions of the height control guide block to provide designer’s preference to provide spacing therebetween.
Allowable Subject Matter
Claims 2, 6 and 10-11 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 following is an examiner’s statement of reasons for allowance: Regarding claims 2 and 6, the prior arts fail to teach all of the limitations from claims 1-2 especially with “a plurality of catch grooves are formed to be vertically recessed continuously rearward in the front surface of the support member”. Regarding claims 10-11, the prior arts fail to teach all of the limitations from claims 1 and 10 especially with “further comprising a guide panel coupled to the back surface of the headrest main body, which corresponds to the installation part, and formed to guide a vertical movement of the height control guide block.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent Application Publication # 2004/0046435 to Bonn et al.
US Patent # 6,299,253 to Chen
US Patent Application Publication # 2012/0200134 to Lai et al.
The cited references above teach the adjustable headrest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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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.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 6/4/26
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