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 .
Claims 1-10 are pending.
Claims 1-10 have been examined.
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.
Claim 8 is 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 8 recites “wherein the lower ends of the two rear leg and seat tubes and the lower ends of the two front leg and back tubes are each sleeved with a food cap.” It is unclear what limitations are associated with “a food cap” as related to the legs of a chair.
Claim Rejections - 35 USC § 103
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, 4, 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2013/0119740) in view of KR 20170002279 (“KR ‘279”). Zhu teaches a fully foldable moon chair, comprising two rear leg and seat tubes (fig. 3: 212) inclined downward from front to rear, two front leg and back tubes (fig. 3: 211) inclined downward from rear to front, a front cross bracket (fig. 3: 23) and a rear cross bracket (fig. 3: 24), wherein the front cross bracket and the rear cross bracket are each formed by crossly hinging two tubes, a middle of the rear leg and seat tube and a middle of the front leg and back tube are crossly hinged (at 213), the front cross bracket is hinged with upper ends of the two rear leg and seat tubes and lower ends of the two front leg and back tubes (fig. 3: as shown), the rear cross bracket is hinged with lower ends of the two rear leg and seat tubes and upper ends of the two front leg and back tubes (as shown in fig. 3); wherein in a folded state, the front cross bracket and the rear cross bracket are each bunched up left and right, the rear leg and seat tubes and the front leg and back tubes are close to each other and bunched up front and rear (fig. 6). Zhu does not teach two back top tubes hinged with upper ends of the two front leg and back tubes.
However, KR ‘279 teaches two back top tubes (fig. 1: 50) with lower ends of the two back top tubes are respectively hinged with the upper ends of the two front leg and back tubes (fig.3 at 56) such that in a folded position the back top tube on a left side may be bunched up to a left side of the front leg and back tube on a same side, and the back top tube on a right side may be bunched up to a right side of the front leg and back tube on a same side. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide two foldable back top tubes on the seat of Zhu in order to provide additional back/head support.
As concerns claim 4, Zhu, as modified, teaches wherein the rear leg and seat tubes, the back top tubes and the rear leg and seat tubes respectively form a curve, and in an unfolded state, the rear leg and seat tube and the back top tube are connected to form a curve recessed from a front lower side to a rear upper side, and the rear leg and seat tube forms a curve protruding from a front upper side to a rear lower side (as shown in fig. 3).
As concerns claim 8, as best understood, Zhu, as modified, teaches wherein the lower ends of the two rear leg and seat tubes and the lower ends of the two front leg and back tubes are each sleeved with a food cap (Zhu, fig. 3: 251).
As concerns claim 9, Zhu, as modified, teaches wherein the rear leg and seat tubes, the front leg and back tubes, the back top tubes, the front cross bracket and the rear cross bracket are all made of round tubes (as shown in Zhu, fig. 3).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2013/0119740) in view of KR 20170002279 (“KR ‘279”) and further in view of Yang et al. (CN 218105334) (“Yang”). Zhu, as modified, teaches wherein the front cross bracket and the rear cross bracket are each formed by crossly hinging middles of two tubes (fig. 3: 232, 242 respectively), the front cross bracket is hinged with the rear leg and seat tubes and the front leg and back tubes through U- shaped connecting members (fig. 3 shows that all of the cross brackets are connected to the respective legs through a U-shaped connection member). Zhu does not teach wherein the rear cross bracket is hinged with the rear leg and seat tubes and the front leg and back tubes through L-shaped connecting members.
However, Yang teaches wherein cross brackets for folding chairs are hinged to leg members using L-shaped connecting members (Yang, fig. 1: lower connection of 6 to 9 and lower connection of 7 to rear leg 1). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to try an L-shaped connection for connection of rear cross bracket in order to provide the desired movement and stability.
As concerns claim 6, Zhu, as modified, teaches wherein the U-shaped connecting member comprises two opposite clamping arms and a transverse plate connecting the two clamping arms (as shown in fig. 3). Zhu does not teach wherein the upper end of the rear leg and seat tube is hinged with the two clamping arms of the U-shaped connecting member, an inner side of the front leg and back tube is hinged with the transverse plate of the U-shaped connecting member, upper ends of the two tubes of the front cross bracket are each hinged with the transverse plate of the U-shaped connecting member, and lower ends of the two tubes of the front cross bracket are each hinged with the two clamping arms of the U-shaped connecting member. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, as a mere rearrangement/reversal of parts, provide the two clamping arms of the leg portions and hinging the plates to the cross brackets in order to provide the desired movement or stability of connection. In general, a mere rearrangement of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. (See MPEP 2144.04(VI)(C); In re Kuhle, 526 F.2d 553.).
As concerns claim 7, Zhu, as modified, teaches wherein the rear cross bracket is hinged with the lower ends of the rear leg and seat tubes and the upper ends of the front leg and back tubes through L-shaped connecting members (as discussed in combination with Yang), the L-shaped connecting member is hinged with the second tube has a first side hinged to a front side of the second tube and a second side hinged to an inner side of the rear leg and seat tube or an inner side of the front leg and back tube, and the L-shaped connecting member hinged with the first tube has a first side hinged to a rear side of the first tube and a second side hinged to the inner side of the rear leg and seat tube or the inner side of the front leg and back tube (this is the connection taught by the combination with the L-shaped connection member of Yang).
Allowable Subject Matter
Claims 2, 3 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art references of Zhu and KR ‘279 fail to teach:
wherein the back top tube is connected to the front leg and back tube through a back connecting member, the back connecting member is a U-shaped member with an opening facing a left side or a right side of the moon chair, and the lower end of the back top tube and the upper end of the front leg and back tube are hinged with the back connecting member through a hinge shaft; or
a chair cloth, wherein a front end of the chair cloth is fixed to front ends of the rear leg and seat tubes, a backrest part of the chair cloth is split into two sleeving portions, the two sleeving portions are respectively sleeved on the two back top tubes, and the backrest part of the chair cloth is provided with a zipper and hook and loop fasteners; when the fully foldable moon chair needs to be folded, the zipper is unfastened and the hook and loop fasteners are pulled apart such that the two sleeving portions are separated, and the sleeving portions are folded outward along with the back top tubes and bunched up; and when the fully foldable moon chair needs to be unfolded, the two sleeving portions are connected into a whole through the zipper and the hook and loop fasteners to serve as a backrest.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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/TIMOTHY J BRINDLEY/ Primary Examiner, Art Unit 3636
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