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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Feldman et al. (US 2020/0046585 A1), hereinafter Feldman.
Regarding claim 1, Feldman discloses an adjustable chair comprising:
a seat (seat chassis 108, fig. 2) having an opening therein (as shown in annotated figs. 1 & 2 below);
one or more cushions (seating structure 106 in fig. 2 and cushion in annotated fig. 3 below) removably positioned within the opening (as shown in annotated figs. 1-3 below, the cushion is removably positioned within the opening as the seat is lifted in the upright position);
a backrest (chair back structure 102, fig. 6) that is vertically adjustable relative to the seat (as shown in figs. 4-6, the chair back structure 102 is vertically adjustable relative to the seat chassis 108); and
a footrest (footrest 104, fig. 5);
wherein, when one or more cushions are removed from the opening (as shown in annotated figs. 1-3 below), the seat supports thighs of a user while allowing the user's buttocks and hips to extend downwardly through the opening (equivalent structure provides the equivalent function); and
wherein vertical adjustment of the backrest modifies an effective dimension of the opening available to the user (as shown in annotated fig. 4 below, vertical adjustment of the chair back structure 102 modifies an effective dimension of the opening. See also fig. 5).
[AltContent: textbox ([img-media_image1.png])][AltContent: textbox ([img-media_image2.png])]
[AltContent: textbox (Annotated fig. 2: annotated fig. of Feldman’s fig. 2)][AltContent: textbox (Annotated fig. 1: annotated fig. of Feldman’s fig. 1)]
[AltContent: textbox ([img-media_image3.png])][AltContent: textbox ([img-media_image4.png])]
[AltContent: textbox (Annotated fig. 3: annotated fig. of Feldman’s fig. 14)]
[AltContent: textbox (Annotated fig. 4: annotated fig. of Feldman’s fig. 6)]
Regarding claim 2, Feldman discloses the invention in claim 1, and further discloses further comprising two armrests (see left and right armrest 708, fig. 7); wherein the seat includes a thigh cushion (leg support structure 110, fig. 6; and leg support 716 in fig. 7) positioned between the two armrests (as shown in fig. 7, the leg support 716 is positioned between the left and right armrest 708); and wherein the opening is defined by the thigh cushion (as shown in fig. 5, in the same manner as the instant invention, the opening is defined by the thigh cushion [i.e., the leg support 110, 716]), the backrest, and the two armrests (as shown in fig. 5).
Regarding claim 3, Feldman discloses the invention in claim 2, and further discloses wherein the thigh cushion is horizontally adjustable relative to the backrest (as shown in fig. 5), and wherein horizontal adjustment of the thigh cushion also modifies an effective dimension of the opening available to the user (as shown in figs. 1-5).
Regarding claim 4, Feldman discloses an adjustable chair comprising:
a seat (seat chassis 108, fig. 2) having an opening therein (as shown in annotated figs. 1 & 2 above) and a thigh cushion (leg support structure 110, fig. 6; and leg support 716 in fig. 7);
a cushion (seating structure 106 in fig. 2 and cushion in annotated fig. 3 above) removably positioned within the opening (as shown in annotated figs. 1-3 above, the cushion is removably positioned within the opening as the seat is lifted in the upright position);
a backrest (chair back structure 102, fig. 6); and
a footrest (footrest 104, fig. 5);
wherein, when the cushion is removed from the opening, the thigh cushion of the seat supports thighs of a user (as shown in figs. 1-4 when the cushion [i.e., seating structure 106 in fig. 2 and cushion in annotated fig. 3 below] is removed from the opening, the leg structure 110,716 of the seat supports thighs of a user) while allowing the user's buttocks and hips to extend downwardly through the opening (this limitation is merely intended use, and the equivalent structure provides the equivalent function); and
wherein the thigh cushion is horizontally adjustable relative to the backrest (as shown in fig. 5), and horizontal adjustment of the thigh cushion modifies an effective dimension of the opening available to the user (as shown in fig. 5).
Regarding claim 5, Feldman discloses the invention in claim 4, and further disclose two armrests (see left and right armrest 708, fig. 7); wherein the thigh cushion of the seat is positioned between the two armrests (as shown in fig. 7, the leg support 716 is positioned between the left and right armrest 708); and wherein the opening is defined by the thigh cushion(as shown in fig. 5, in the same manner as the instant invention, the opening is defined by the thigh cushion [i.e., the leg support 110, 716]), the backrest, and the two armrests (as shown in fig. 5).
Regarding claim 6, Feldman discloses the invention in claim 5, and further discloses wherein the backrest (chair back structure 102, fig. 6) is vertically adjustable relative to the seat (as shown in figs. 4-6, the chair back structure 102 is vertically adjustable relative to the seat chassis 108), and wherein vertical adjustment of the backrest also modifies an effective dimension of the opening available to the user (as shown in annotated fig. 4 above, vertical adjustment of the chair back structure 102 modifies an effective dimension of the opening. See also fig. 5).
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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