DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application 19/085, 487 filed 3/20/2025 which claims benefit of 63/568,614 3/22/2024 and 63/713,423 10/29/2024.
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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over He (US 2023/0301433 A1)(hereinafter He) in view of Klein (US 4,601,516)(hereinafter Klein) and Miller (US 8,061,766 B2)(hereinafter Miller).
RE Claim 1: He discloses foldable chair (folding chair), comprising:
a frame (100, Fig 1) including a seat back (approx., 22, 21, 23 in Fig 1) having a first stile (21 on right) and a second stile (21 on left) and a seat bottom (approx. 11, 12, 13 in Fig 1) having a first side apron (11 on right side) and a second side apron (11 on left side), the frame movable between a folded configuration (Fig 2) where the seat bottom and seat back are generally adjacent each other (Fig 2) and a seating configuration where the seat bottom extends transverse to the seat back (Fig 1);
a pair of front legs (30) pivotally coupled to a pair of rear legs (40) via a hinge and attached to a left side and a right side of the seat bottom (para 0047; Fig 1);
a pair of arm rests (on 50 as seen in Fig 1) coupled to the pair of front legs and to the pair of rear legs via the hinge (Fig 1, para 0047),
a cover (23, 13) coupleable to the foldable chair, the cover comprising:
a first cover portion coupleable to the seat bottom (13) comprising a first sleeve pocket extending over at least a portion of the seat bottom (Fig 1), and
a second cover portion (23) coupleable to the seat back having a second sleeve pocket extending over at least a portion of the seat back (Fig 1).
RE the first and second cover portions being removably couplable to the folding chair – He does not explicitly teach, however, Klein teaches a folding chair with a first cover portion coupleable to the seat bottom (24) comprising a first sleeve pocket extending over at least a portion of the seat bottom (Fig 1-2), and a second cover portion (26) coupleable to the seat back having a second sleeve pocket extending over at least a portion of the seat back (Fig 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He in view of Klein such that the first cover portion is coupleable to the seat bottom comprising a first sleeve pocket extending over at least a portion of the seat bottom, and the second cover portion is coupleable to the seat back having a second sleeve pocket extending over at least a portion of the seat back as taught by Klein for the advantages of providing a comfortable seat and back surface (para 0037).
He does not explicitly teach each of the pair of arm rests having an aperture at a distal portion thereof and having a channel on a side surface thereof, the aperture and the channel each configured to receive and removably engage an accessory
However, Miller teaches a foldable chair with armrests (analogous art) and further teaches each of the pair of arm rests having an aperture at a distal portion thereof (opening in bottom of 108 as seen in Figs 2 and 3) and having a channel on a side surface thereof (Fig 3), the aperture and the channel each configured to receive and removably engage an accessory (wine glass as seen in Fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He as modified in view of Miller such that each of the pair of arm rests have an aperture at a distal portion thereof and having a channel on a side surface thereof, the aperture and the channel each configured to receive and removably engage an accessory as taught by Miller for the advantages of improved comfort and relaxation.
RE Claim 2: He as modified discloses the foldable chair of claim 1,
He does not explicitly teach, however Miller teaches wherein the foldable chair further comprises a locking mechanism, wherein the locking mechanism may be unlocked by actuating a handle (col 5, ln 40 – col 6, ln 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He (as modified) in view of Miller such that the foldable chair further comprises a locking mechanism, wherein the locking mechanism may be unlocked by actuating a handle as taught by Miller for the advantages of stability during use.
RE Claim 3: He as modified discloses the foldable chair of claim 2, wherein the handle is located proximate a front edge of the seat bottom (Miller Fig 3).
RE Claim 5: He as modified discloses the foldable chair of claim 1,
He does not explicitly teach, however Miller teaches wherein the foldable chair further comprises a locking mechanism, wherein the locking mechanism automatically locks when either the folded configuration or the seating configuration is reached (col 5, ln 40 – col 6, ln 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He (as modified) in view of Miller such that the foldable chair further comprises a locking mechanism, wherein the locking mechanism automatically locks when either the folded configuration or the seating configuration is reached as taught by Miller for the advantages of stability during use.
RE Claim 6: He as modified discloses the foldable chair of claim 1,
wherein the accessory is a cup holder (Miller Fig 2).
RE Claim 7: He as modified discloses the foldable chair of claim 6,
wherein the cup holder comprises a chair connector via which the cup holder couples to the aperture (miller Fig 2-3),
a body with an opening configured to receive a beverage container (Miller Figs 2-3), and
a ring rotatably coupled to the body and an accessory hook that extends outward from the ring and is configured to receive a stem of a wine glass (Miller Figs 2-3).
RE Claim 8: He as modified discloses the foldable chair of claim 7,
wherein the accessory hook is C-shaped (Miller Fig 3).
RE Claim 9: He discloses a foldable chair, comprising:
a frame (100) including a seat back (approx. 22, 21, 23) having a first stile (21 on right) and a second stile (21 on left) and a seat bottom (approx. 11, 12, 13) having a first side apron (11 on right side) and a second side apron (11 on left side), the frame movable between a folded configuration where the seat bottom and seat back are generally adjacent each other and a seating configuration where the seat bottom extends transverse to the seat back (Figs 1-2);
a pair of front legs (30) pivotally coupled to a pair of rear legs (40) via a hinge and attached to a left side and a right side of the seat bottom (para 0047 and Figs 1-3); and
a pair of arm rests coupled to the pair of front legs and to the pair of rear legs via the hinge (para 0047).
He does not explicitly teach each of the pair of arm rests having an aperture at a distal portion thereof and having a channel on a side surface thereof, the aperture and the channel each configured to receive and removably engage an accessory
However, Miller teaches a foldable chair with armrests (analogous art) and further teaches each of the pair of arm rests having an aperture at a distal portion thereof (opening in bottom of 108 as seen in Figs 2 and 3) and having a channel on a side surface thereof (Fig 3), the aperture and the channel each configured to receive and removably engage an accessory (wine glass as seen in Fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He as modified in view of Miller such that each of the pair of arm rests have an aperture at a distal portion thereof and having a channel on a side surface thereof, the aperture and the channel each configured to receive and removably engage an accessory as taught by Miller for the advantages of improved comfort and relaxation.
RE Claim 10: He as modified discloses the foldable chair of claim 9,
He does not explicitly teach, however Miller teaches wherein the foldable chair further comprises a locking mechanism, wherein the locking mechanism may be unlocked by actuating a handle (col 5, ln 40 – col 6, ln 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He (as modified) in view of Miller such that the foldable chair further comprises a locking mechanism, wherein the locking mechanism may be unlocked by actuating a handle as taught by Miller for the advantages of stability during use.
RE Claim 11: He as modified discloses the foldable chair of claim 10, wherein the handle is located proximate a front edge of the seat bottom (Miller Fig 3).
RE Claim 13: He as modified discloses the foldable chair of claim 9, further comprising
a hook at an end of each of the first stile and the second stile distal from the seat bottom, each hook configured to receive and removably engage another accessory (Miller Figs 2-3).
RE Claim 14: He as modified discloses the foldable chair of claim 9,
wherein the accessory is a cup holder (Miller Figs 2-3).
RE Claim 15: He as modified discloses the foldable chair of claim 14,
wherein the cup holder comprises a chair connector via which the cup holder couples to the aperture, a body with an opening configured to receive a beverage container (Miller Figs 2-3), and
a ring rotatably coupled to the body and an accessory hook that extends outward from the ring and is configured to receive a stem of a wine glass (Miller Figs 2-3).
RE Claim 16: He as modified discloses the foldable chair of claim 15,
wherein the accessory hook is C-shaped (Miller Fig 3).
RE Claim 17: He discloses a kit comprising:
a foldable chair (100), comprising:
a frame (100, Fig 1) including a seat back (approx., 22, 21, 23 in Fig 1) having a first stile (21 on right) and a second stile (21 on left) and a seat bottom (approx. 11, 12, 13 in Fig 1) having a first side apron (11 on right side) and a second side apron (11 on left side), the frame movable between a folded configuration (Fig 2) where the seat bottom and seat back are generally adjacent each other (Fig 2) and a seating configuration where the seat bottom extends transverse to the seat back (Fig 1);
a pair of front legs (30) pivotally coupled to a pair of rear legs (40) via a hinge and attached to a left side and a right side of the seat bottom (para 0047; Fig 1);
a pair of arm rests (on 50 as seen in Fig 1) coupled to the pair of front legs and to the pair of rear legs via the hinge (Fig 1, para 0047),
a cover (23, 13) coupleable to the foldable chair, the cover comprising:
a first cover portion coupleable to the seat bottom (13) comprising a first sleeve pocket extending over at least a portion of the seat bottom (Fig 1), and
a second cover portion (23) coupleable to the seat back having a second sleeve pocket extending over at least a portion of the seat back (Fig 1).
RE the first and second cover portions being removably couplable to the folding chair – He does not explicitly teach, however, Klein teaches a folding chair with a first cover portion coupleable to the seat bottom (24) comprising a first sleeve pocket extending over at least a portion of the seat bottom (Fig 1-2), and a second cover portion (26) coupleable to the seat back having a second sleeve pocket extending over at least a portion of the seat back (Fig 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He in view of Klein such that the first cover portion is coupleable to the seat bottom comprising a first sleeve pocket extending over at least a portion of the seat bottom, and the second cover portion is coupleable to the seat back having a second sleeve pocket extending over at least a portion of the seat back as taught by Klein for the advantages of providing a comfortable seat and back surface (para 0037).
He does not explicitly teach each of the pair of arm rests having an aperture at a distal portion thereof and having a channel on a side surface thereof, the aperture and the channel each configured to receive and removably engage an accessory
However, Miller teaches a foldable chair with armrests (analogous art) and further teaches each of the pair of arm rests having an aperture at a distal portion thereof (opening in bottom of 108 as seen in Figs 2 and 3) and having a channel on a side surface thereof (Fig 3), the aperture and the channel each configured to receive and removably engage an accessory (wine glass as seen in Fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of He as modified in view of Miller such that each of the pair of arm rests have an aperture at a distal portion thereof and having a channel on a side surface thereof, the aperture and the channel each configured to receive and removably engage an accessory as taught by Miller for the advantages of improved comfort and relaxation.
RE Claim 18: He as modified discloses the kit of Claim 17,
further comprising an accessory configured to removably couple to each aperture in the pair of arm rests (Miller Figs 2-3).
RE Claim 19: He as modified discloses the kit of Claim 18,
wherein the accessory is a cup holder (Miller Figs 2-3).
RE Claim 20: He as modified discloses the kit of Claim 19,
wherein the cup holder comprises a chair connector via which the cup holder couples to the aperture, a body with an opening configured to receive a beverage container (Miller Figs 2-3), and
a ring rotatably coupled to the body and an accessory hook that extends outward from the ring and is configured to receive a stem of a wine glass (Miller Figs 2-3).
Allowable Subject Matter
Claims 4 and 12 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 of record does not disclose, either alone or in combination, the details of wherein the handle is attached to a cable attached to one or more spring loaded pins, along with the remaining limitations of the claim.
This statement is not intended to necessarily state all the reasons for allowance or all the details why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth (MPEP 1302.14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various folding chairs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 7:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA E GRABER/Examiner, Art Unit 3644
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