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 .
Final Rejection
The merits of this case have been carefully reconsidered in light of applicant’s response dated
06/18/2026. The objection to the specification has been overcome by applicant’s amendment. The replacement drawings submitted by the applicant fail to overcome the rejection under 35 U.S.C. 112(a) and (b). Inconsistencies in the scope of the claim still exist. Because the applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 1.136(a).
Rejection under 35 U.S.C. 112(a) and (b)
The claim is FINALLY rejected under 35 U.S.C. 112(a) and (b) or pre-AIA 35 U.S.C. 112, first and second paragraphs, as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails 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.
The claim is indefinite and nonenabling because the exact appearance of the design cannot be fully understood for the following reasons.
In the previous action, the examiner pointed out an inconsistency in the claimed portion of the Easy Chair. It is the examiner’s understanding that figure 1.2 showed a seam in broken line that was shown in solid line in the other views. See annotated drawing that follows.
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The applicant submitted replacement drawings for figures 1.1 and 1.2. Figure 1.2 does not appear to have any changes from the original drawing, but figure 1.1 converted the solid lines in question to broken line, and removed the shade lines on the adjacent surface. While the applicant may change the scope of the claim, in this case they have created new inconsistencies in the drawings.
The removal of the shade lines in figure 1.1 is inconsistent with the other views. Figures 1.2 and 1.4 both show the same surface with shade lines, making it part of the claim. See annotated drawing that follows.
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By amending figure 1.1 to show the lower seam on the armrest as broken line, the scope of the design remains indefinite. Figure 1.2 still shows a portion of the seam in solid line at the joint of the backrest. Also, figure 1.4 shows the inner seams in solid line, which was consistent with the original figure 1.1. See annotated drawings that follow.
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This rejection may be overcome by amending the drawings to consistently show all features of the claimed design in all of the views provided. The examiner would like to point out that the applicant may overcome the rejection by reverting to the original drawings, and amending figure 1.2 to be consistent with the remaining drawings.
Amended drawings
Any amended replacement drawing sheet shall 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.
Care must be exercised to avoid introduction of anything which could be construed to be new matter
prohibited by 35 U.S.C. 132 and 37 CFR 1.121 when preparing new drawings.
Conclusion
The claim is FINALLY rejected under 35 U.S.C. 112(a) and (b).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK DAVID WOLFLEY whose telephone number is (571)272-0948. The examiner can normally be reached Monday-Friday 8am-4pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara G. Fox can be reached at 571-272-4456. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK DAVID WOLFLEY/
Examiner, Art Unit 2931
Prosecution Insights