..‘-.\:;~i5.’1cant(s):
`
`WARNCKE ET AL.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`For:
`
`CHAIR WITH COUPLING COMPANION STOOL BASE
`
`Application No.:
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`1 1/877,478
`
`Examiner:
`
`Erika Garrett
`
`Filed:
`
`October 23, 2007
`
`Group Art Unit:
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`3636
`
`Our Ref:
`
`Sauder Manufacturing P1US2-UTL
`
`RESPONSE TO OFFICE ACTION
`
`Commissioner for Patents
`
`P.O. Box 1450
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`Alexandria, VA 22313-1450
`
`Sir:
`
`With respect to the above-identified patent application, and in response to the
`
`Examiner's Office Action mailed December 1, 2009, the Applicants respectfully request
`
`amendment of the’ patent application as follows:
`
`Amendments to the Claims begin on page 2 of this Response; and
`
`General Remarks begin on page 10 of this Response.
`
`J Squared, Inc. —Ex. 1012, p. 1
`
`J Squared, Inc. – Ex. 1012, p. 1
`
`

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`AMENDMENTS TO THE CLAIMS
`
`1.
`
`(Currently Amended) A chair, comprising:
`
`a frame forming a chair portion, the frame having a lower portion and an upper
`
`portion, the lower portion including a first portion near the upper portion, a second portion
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`spaced away from the first portion, a claw extending generally downward from the second
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`portion, a latch extending generally downward from the first portion, and at least two
`
`frame legs extending generally downward, the latch being connected with the first portion
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`and movingvbetween closed and opened positions, the frame legs being adapted to support
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`the frame upon a generally horizontal supporting surface; and
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`a base that releasably couples with the frame and that is adapted to support the frame
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`above a generally horizontal supporting surface, the base having a saddle and extending
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`generally upward from the supporting surface to the saddle, the saddle having opposite
`
`back and front edges, the front edge cooperating with the frame lower portion claw
`
`whereby the front edge is releasably captured in the claw, and the back edge cooperating
`
`with the frame lower portion latch whereby the back edge is releasably captured by the
`
`latch:', and
`
`the claw comprises a plurality of teeth, the teeth comprising at least a first tooth and a
`
`second tooth, both of the teeth releasably engaging the saddle and providing alignment of
`
`the frame and the base when engaged.
`
`2.
`
`(Original) The chair defined in claim 1, characterized in that when the frame is
`
`decoupled from the base, the frame forming the chair portion is adapted for use as casual floor
`
`rocker seating.
`
`3.
`
`(Original) The chair defined in claim 1, characterized in that when the frame is
`
`Ex. 1012, p. 2
`
`Ex. 1012, p. 2
`
`

`
`decoupled from the base, the base is adapted to provide a companion stool upon which a user
`
`may sit or, alternatively, a side table which may be positioned adjacent to the chair portion.
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`4.
`
`(Original) The chair defined in claim 1, characterized in that the saddle further
`
`comprises a top surface that faces away from the supporting surface, and that defines at least one
`
`of a working surface,’a writing surface and a sitting surface.
`
`5.
`
`(Original) The chair defined in claim 1, characterized in that:
`
`the frame further comprises a receptacle defined between the claw and the latch;
`
`the saddle of the base further comprises a top surface and a perimeter edge
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`incorporating the back and front edges, circumscribing the top surface and defining the top
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`surface with a rotationally asymmetric geometry; and
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`the frame lower portion receptacle and the saddle perimeter edge correspond with
`
`one anotherso that the base couples with the frame only in one specific rotational
`
`orientation.
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`6.
`
`(Original) The chair defined in claim 1 further including a bias member that
`
`biases the latch to the closed position.
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`7.
`
`(Original) The chair defined in claim 1 wherein the frame has opposite left and
`
`right sides, a first of the two frame legs extends generally arcuately downward from the frame
`
`lower portion left side and second portion and to the frame lower portion left side and first
`
`portion, and a second of the two frame legs extends generally arcuately downward from the
`
`frame lower portion right side and second portion and to the frame lower portion right side and
`
`first portion, whereby the frame legs define rockers.
`
`8.
`
`(Original) The chair defined in claim 7 wherein the rockers define protecti-ve
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`rails about the latch.
`
`Ex. 1012, p. 3
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`Ex. 1012, p. 3
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`

`
`9.
`
`(Original) The chair defined in claim 1 wherein the latch is located between
`
`the two frame legs, so that the legs define protective rails about the latch.
`
`10.
`
`(Currently Amended) The chair defined in claim 1 wherein the frame has
`
`opposite left and right sides and wherein the claw includes each of a claw notch, a gig first tooth
`
`that extends toward the left side from the notch, and a jg second tooth that extends toward the
`
`right side from the notch.
`
`1 1.
`
`(Original) The chair defined in claim 10, characterized in that:
`
`the frame further comprises a receptacle defined between the claw and the latch;
`
`the saddle further includes a top surface that faces away from the supporting surface,
`
`and is sized and shaped with a rotationally asymmetric geometry;
`
`the receptacle and a perimeter edge of the saddle correspond with one another so that
`
`the base couples with the frame in a rotationally asymmetric configuration;
`
`the saddle front edge includes a pair of cooperating claw notches; and
`
`with the asymmetric configuration, the first tooth and second tooth can be engaged
`
`with the sad_dle only through the engagement of the first tooth with a first one of the
`
`cooperating claw notches and the second tooth with a second one of the cooperating claw
`
`notches.
`
`12.
`
`(Original) The chair defined in claim 1, characterized in that:
`
`the saddle further includes a top surface that faces away from the supporting surface;
`
`the base includes a plurality of lower base legs for supporting the base on a
`
`supporting surface;
`
`the claw includes a claw notch generally centered along the claw; and
`
`with the frame decoupled from the base, the saddle top surface is adapted to be
`
`oriented in front of the frame, and a first base leg of the plurality of base legs is initially
`
`4
`
`Ex. 1012, p. 4
`
`Ex. 1012, p. 4
`
`

`
`positionable under the claw, so that with the claw straddling the first base leg, the first base
`
`leg is adapted to nest into the claw notch.
`
`13.
`
`(Original) The chair defined in claim 1 wherein the base further includes a
`
`pedestal that extends generally upward from the supporting surface to the saddle and includes a
`
`connector that operatively connects the saddle with the pedestal, the connector including at least
`
`one of a tilt mechanism whereby the saddle tilts relative to the pedestal and a swivel mechanism
`
`whereby the saddle swivels relative to the pedestal.
`
`14.
`
`(Original) The chair defined in claim 1, characterized in that:
`
`the claw includes a pair of spaced apart teeth comprising a first tooth extending
`
`toward the left side of the frame and a second tooth extending toward the right side of the
`
`frame;
`
`a pair of cooperating claw notches are formed in the saddle front edge whereby the
`
`front edge is releasably captured in the claw through engagement of the first tooth with a
`
`first one of the cooperating claw notches and the second tooth with a second one of the
`
`cooperating claw notches; and
`
`the relative cooperation between the spaced apart teeth and the cooperating claw
`
`notches, and the sizing and configuration thereof, causes forces to be generated along the
`
`engagement points of the spaced apart teeth and the cooperating claw notches which tend
`
`to resist disengagement of the spaced apart teeth from the cooperating claw notches when a
`
`user of the chair may exert backwardly directed or other leaning forces on the chair frame.
`
`15.
`
`(Original) The chair defined in claim 1, characterized in that:
`
`the base further includes a set of triangular shaped ribs extending downwardly behind
`
`the back edge of the saddle; and
`
`Ex. 1012, p. 5
`
`Ex. 1012, p. 5
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`

`
`the positioning and configuration of the triangular shaped ribs behind the saddle back
`
`edge tend to generate forces resistive to accidental disengagement of the chair from the
`
`frame which may otherwise result from the latch not fully engaging with the cooperating
`
`latch notch, or from horizontal forces being exerted on the frame relative to the base which
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`could tend to accidentally disengage the latch.
`
`16.
`
`(Original) The chair defined in claim 1, characterized in that a latch ramping
`
`surface is positioned at the saddle back edge.
`
`17.
`
`(Currently Amended) The chair defined in claim 1, characterized in that the
`
` m eHsgmaawdwhen%e
`
`- e—saelelle—baele
`
`eelgethe latch and the saddle are sized and configured so that when the latch is moved from a
`
`disengaged position to a completely engaged position with the saddle back edge. the physical
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`contact occurring between the latch and saddle back edge generates a sound audible to a chair
`
`Er, thereby providing the user with positive feedback that correct engagement of the latch with
`
`the saddle back edge has been achieved.
`
`18.
`
`(Original) In a chair that has a frame with a lower portion and an upper
`
`portion, a sitting portion that is connected with the frame lower portion and is adapted to support
`
`a user who is seated thereupon, a back rest that is connected with the frame upper portion and is
`
`adapted to support at least a portion of a back of the user, and a base that is connected with the
`
`frame and that is adapted to support the frame above a generally horizontal supporting surface,
`
`improvements in the frame and in the base, comprising:
`
`a latch extending generally downward from a first portion of the frame lower portion;
`
`a claw extending generally downward from a second portion of the frame lower
`
`portion, the second portion being spaced away from the first portion;
`
`6
`
`Ex. 1012, p. 6
`
`Ex. 1012, p. 6
`
`

`
`wherein the latch is movably connected with the frame lower portion first portion
`
`and moves between closed and opened positions in which the latch extends relatively
`
`closer to the frame lower portion second portion in the closed position and relatively
`
`farther from the second portion in the opened position;
`
`a receptacle defined between the claw and the latch;
`
`at least two legs extending generally downward from the frame lower portion, the
`legs being adapted to support the frame upon the supporting surface; and
`
`a saddle included in the base, the base extending generally upward from the
`
`supporting surface to the saddle, the saddle having opposite back and front edges and a top
`
`surface that faces away from the supporting surface and that defines at least one of a work
`
`surface, a writing surface, and a sitting surface, the front edge cooperating with the frame
`
`lower portion claw whereby the front edge is releasably captured in the claw, the back edge
`
`cooperating with the frame lower portion latch whereby the back edge is releasably
`
`captured by the latch, the saddle having a perimeter edge that incorporates the back and
`
`front edges, circumscribes the top surface, and defines the top surface with a rotationally
`
`asymmetricgeometry, the frame lower portion receptacle and the saddle perimeter edge
`
`corresponding with one another whereby the base couples with the frame in only one
`
`rotational orientation, namely, with the saddle front edge releasably captured in the claw
`
`and with the saddle back edge releasably captured by the latch.
`
`19.
`
`(Original) The chair defined in claim 18, characterized in that:
`
`the frame is adapted to be decoupled from the base; and
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`when the frame is decoupled from the base, the frame forming the chair portion is
`
`adapted for use as casual floor rocker seating.
`
`Ex. 1012, p. 7
`
`Ex. 1012, p. 7
`
`

`
`20.
`
`(Original) The chair defined in claim 18 wherein the frame has opposite left
`
`and right sides and wherein the claw includes each of a notch, a first tooth that extends toward
`
`the left side from the notch, and a second tooth that extends toward the right side from the notch.
`
`21.
`
`(Original) The chair defined in claim 20, characterized in that:
`
`the saddle front edge includes a pair of cooperating claw notches; and
`
`with the asymmetric configuration, the first tooth and second tooth can be engaged
`
`with the saddle only through the engagement of the first tooth with a first one of the
`
`cooperating claw notches and the second tooth with a second one of the cooperating claw
`
`notches.
`
`22.
`
`(Original) The chair defined in claim 18, characterized in that:
`
`the base includes a plurality of lower base legs for supporting the base on a
`
`supporting surface;
`
`the claw includes a claw notch generally centered along the claw;
`
`the frame is adapted to be decoupled from the base; and
`
`with the frame decoupled from the base, the saddle top surface is adapted to be
`
`oriented in front of the frame, and a first base leg of the plurality of base legs is initially
`
`positionable under the claw, so that with the claw straddling the first base leg, the first base
`
`leg is adapted to nest into the claw notch.
`
`23.
`
`(Currently Amended) The chair defined in claim l~1_§, characterized in that:
`
`the claw includes a pair of spaced apart teeth comprising a first tooth extending
`
`toward the left side of the frame and a second tooth extending toward the right side of the
`
`frame;
`
`a pair of cooperating claw notches are formed in the saddle front edge whereby the
`
`front edge is releasably captured in the claw through engagement of the first tooth with a
`
`8
`
`Ex. 1012, p. 8
`
`Ex. 1012, p. 8
`
`

`
`first one of the cooperating claw notches and the second tooth with a second one of the
`
`cooperating claw notches; and
`
`the relative cooperation between the space apart teeth and the cooperating claw
`
`notches, and the sizing and configuration thereof, causes forces to be generated along the
`
`engagement points of the spaced apart teeth and the cooperating claw notches which tend
`
`to resist disengagement of the spaced apart teeth from the cooperating claw notches when a
`
`user of the chair may exert backwardly directed or other leaning forces on the chair frame.
`
`24.
`
`(Original) The chair defined in claim 18 wherein the base further includes a
`
`pedestal that extends generally upward from the supporting surface to the saddle and includes a
`
`connector that operatively connects the saddle with the pedestal, the connector including at least
`
`one of a tilt mechanism whereby the saddle tilts relative to the pedestal and a swivel mechanism
`
`whereby the saddle swivels relative to the pedestal.
`
`25.
`
`(Original) The chair defined in claim 18, characterized in that the chair further
`
`includes a bias member that biases the latch to the closed position.
`
`Ex. 1012, p. 9
`
`Ex. 1012, p. 9
`
`

`
`GENERAL REMARKS
`
`Claims 1 - 25 were in the current patent application, and remain in the application as
`
`amended in accordance with this Response. In the current Office Action, deemed non-final by
`
`the Examiner, claims 18 — 25 were allowed. Claim 18 is an independent claim, and each of
`
`claims 19 — 25 (subject to a correction with respect to a dependency notation for claim 23) is
`
`directly or indirectly dependent from claim 18. Claims 11, 12, 14 and 15 were objected to by the
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`Examiner, as being dependent upon a rejected base claim. The Examiner further stated that the
`
`claims would be allowable if rewritten in independent form, including all of the limitations of the
`
`base claim and any intervening claims.
`
`In this regard, claim 1 is an independent claim, and each
`
`of claims 11, 12, 14 and 15 is directly or indirectly dependent from claim 1.
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`Claims 1 — 10, 13, 16 and 17 have been rejected based upon one or more disclosures
`
`of the following U.S. Patent references: Biggs, Sr. 5,042,875; Crane, et al. 7,472,955; Kamman
`
`4,697,845; Yu 6,554,353; and Hei, et al. 7,338,122. Claim 1 is an independent claim, and each
`
`of claims 2 — 9, 13, 16 and 17 are directly or indirectly dependent from claim 1. The Examiner
`
`has also made certain objections to the disclosure of the specification and the drawings.
`
`The Applicants respectfully traverse the objections and the rejections, based upon the
`
`amendments to the specification, drawings and claims, and the following remarks.
`
`The Examiner has objected to the disclosure of the specification, based upon
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`inadvertent errors in numbering front and back edges of an embodiment of the invention, as set
`
`forth on page 15. With this Response, the Applicants are requesting entry of the amendments to
`
`the disclosure, to correct the reference numbering.
`
`The Examiner has also objected to the drawings, under 37 CFR §1.83(a). The
`
`objection is based upon the drawings having to show every feature of the invention specified in
`
`10
`
`Ex. 1012, p. 10
`
`Ex. 1012, p. 10
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`

`
`theclaims. The Examiner considers the drawings to not show a horizontal supporting surface,
`
`and also not show means for ensuring an audible sound, as set forth in claim 17.
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`With respect to the horizontal supporting surface, FIGS. l and 2 have been amended,
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`by submission of a replacement sheet enclosed herewith.
`
`In these drawings, a "horizontal
`
`supporting surface 181" has been shown. A reference to the horizontal supporting surface was
`
`set forth in the originally filed application, on page 1 1, line 3. Accordingly, the Applicants
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`respectfully submit that incorporating the horizontal supporting surface 181 in FIGS. 1 and'2
`
`does not constitute new matter.
`
`In view of the foregoing, the Applicants respectfully submit that the drawings, as
`
`amended, conform to all requirements of 37 CFR §l.83.
`
`The Applicants respectfully traverse the rejection of claim 17 under 35 USC §112.
`
`The Examiner considered the claim to be indefinite. To overcome this rejection, the Applicants
`
`have amended claim 17 to expressly define the concept that when the latch is moved from a
`
`disengaged position to a completely engaged position with the saddle back edge, it is the
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`physical contact occurring between the latch and saddle back edge which generates a sound
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`audible to a chair user. With this amendment to claim 17, the Applicants respectfully submit that
`
`claim 17 now conforms to all requirements of §1l2, second paragraph.
`
`The Applicants respectfully traverse the rejection of claims 1 — 4 and 16 under 35
`
`USC §l02(b) as being anticipated by Biggs, Sr.
`
`The Biggs, Sr. patent discloses a portable seat assembly which has structure and
`
`functions substantially different from the Applicants’ chair as defined in independent claim 1.
`
`The Biggs, Sr. portable seat includes a back member which may be folded so as to lie adjacent to
`
`the seat member for carrying purposes. In its only usable position, a back member is positioned
`
`upright so as to provide a seating position for a user.
`
`11
`
`Ex. 1012, p. 11
`
`Ex. 1012, p. 11
`
`

`
`In paragraph 7 of the Examiner's Office Action, and where the Examiner is
`
`comparing the disclosure of the Biggs, Sr. patent to the language of originally filed claim 1, the
`
`Examiner considers Biggs, Sr. to disclose a base 1 1 having a saddle 12, with the base 11
`
`extending generally upward from a supporting surface to the saddle. The Examiner further
`
`considers the saddle as having opposing back and front edges, with the front edge cooperating
`
`with the frame lower portion claw (so as to be releasably captured in the claw). The Examiner
`
`further considers the back edge as cooperating with the frame lower portion latch, whereby the
`
`back edge is releasably captured by the latch.
`
`In reviewing the drawings and written disclosure of the Biggs, Sr. patent, it appears
`
`that the element which the Examiner considers to be a "base" 11 is described (in column 3,
`
`lines 18-31) as being merely a "board-or plank-like support 1 1, such as a bleacher seat." The
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`bleacher seat is further disclosed and illustrated as having a rectangular transverse cross section,
`
`and bounded by a planar horizontal upper surface 12, planar horizontal lower surface 13,
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`forwardly-facing planar vertical surface 14, and rearwardly-facing planar vertical surface 15.
`
`With this configuration, it appears to the Applicants that (as particularly shown in FIG. 3 of
`
`Biggs, Sr.) the hook portion 36 (which the Examiner considers to be comparable to Applicants’
`
`claw) actually captures the underside of the bleacher seat 11. Correspondingly, the element 70
`
`(defined as a hook portion in the Biggs, Sr. patent) which the Examiner considers to correspond
`
`to Applicants’ latch as defined in claim 1 also appears to capture the underside of the bleacher
`
`seat.
`
`In fact, Biggs, Sr. even shows the hook portion 36 and hook portion 70 as capturing one or
`
`more spacers which will be positioned under the bleacher seat 11. In view of the foregoing, the
`
`Applicants respectfully submit that Biggs, Sr. does not anticipate claim 1 as originally filed, in
`
`that
`
`the Biggs, Sr. patent does not show any front edge of a saddle being releasably captured
`
`12
`
`Ex. 1012. p. 12
`
`Ex. 1012, p. 12
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`

`
`within a claw, and further does not show a back edge of a saddle being releasably captured by a
`
`latch.
`
`Further, and notwithstanding the foregoing, the Applicants have amended claim 1 so
`
`as to clarify Applicants’ invention and make clear that Applicants’ invention as amended is
`
`neither anticipated by or is obvious in view of Biggs, Sr. or any other references cited by the
`
`Examiner. More specifically, claim 1 has been amended so as to define the claw as comprising a
`
`plurality of teeth. The teeth are defined as comprising at least a first tooth and a second tooth.
`
`Specifically, the teeth are defined as releasably engaged in the saddle and providing alignment of
`
`the frame and the base, when engaged. The Applicants respectfully submit that the Biggs, Sr.
`
`patent does not teach orlsuggest any use of teeth being associated with a claw, and clearly does
`
`not show any use of teeth or functionally equivalent elements which engage the saddle and
`
`provide alignment of the frame and base, when engaged.
`
`For all of these reasons, the Applicants respectfully submit that claim 1 as amended is
`
`neither taught nor suggested by Biggs, Sr.
`
`Each of claims 2, 3, 4 and 16 is directly dependent from claim 1 and incorporates all
`
`limitations thereof. For the reasons previously set forth herein that claim 1 as amended is neither
`
`taught nor suggested by Biggs, Sr., the Applicants respectfully submit that none of these
`
`dependent claims are taught or suggested by Biggs, Sr.
`
`Further, with respect to the Examiner's statements set forth in paragraph 8 of the
`
`Office Action, the Examiner considers that the frame which forms the chair portion could be
`
`adapted for use as casual floor rocker seating, when the frame is decoupled from the bleacher
`
`seat. The Examiner has set forth this statement with respect to claim 2. Applicants believe that
`
`if the portable seat assembly disclosed in Biggs, Sr. is removed from the bleacher seat, it does
`
`not have any functional use as rocker, anymore than any conventional three or four-legged chair.
`
`13
`
`Ex. 1012, p. 13
`
`Ex. 1012, p. 13
`
`

`
`In fact, with the positioning and overall configuration of the hook portions 26 and 70, Applicants
`
`do not believe that the portable seat assembly necessarily would even provide a stable seat when
`
`removed from the bleacher seat.
`
`It appears that when the portable seat is removed from the
`
`bleacher seat, the main function of the Biggs, Sr. assembly is merely to have the capability of
`
`being folded in a manner so that a back member lies adjacent the seat member for purposes of
`
`carrying. Biggs, Sr. does not teach or in any manner suggest that when removed from the
`
`bleacher seat, the portable seat assembly has any operative configuration for allowing a person to
`
`sit thereupon. For these further reasons, the Applicants respectfully submit that claim 2 is
`
`neither taught nor suggested by Biggs, Sr.
`
`In paragraph 9 of the Examiner's Office Action, and with respect to claim 3, the
`
`Examiner considers Biggs, Sr. to show a configuration where the base can be adapted to provide
`
`a companion stool when the frame is decoupled from the base. Again, the base appears to be the
`
`bleacher seat. As earlier described with respect to claim 2, the Applicants believe that when the
`
`portable seat assembly of Biggs, Sr. is removed from the bleacher seat, it does not function as an
`
`operative chair. Also, it is unclear to the Applicants as to why removal of the portable seat
`
`assembly from the bleacher seat would then operate to provide a stool function through the use
`
`of the bleacher seat. For these further reasons, the Applicants respectfully submit that claim 3 is
`
`neither taught nor suggested by Biggs, Sr.
`
`With respect to paragraph 11 of the Examiner's Office Action, the Examiner
`
`considers Biggs, Sr. to teach a latch ramping surface positioned at a saddle back edge. The
`
`Applicants respectfully submit that they did not see any "ramping surface" positioned along any
`
`surface which can be characterized as a "saddleback edge." In reviewing Biggs, Sr., and taking
`
`into account that the Examiner has considered portion 78 to correspond to a latch, it is unclear to
`
`14
`
`Ex. 1012, p. 14
`
`Ex. 1012, p. 14
`
`

`
`the Applicants as to where any type of "ramping surface" would exist. For this further reason,
`
`the Applicants respectfully submit that claim 16 is neither taught nor suggested by Biggs, Sr.
`
`The Applicants respectfully traverse the rejection of claims 5-9 under Section 103(a)
`
`as being unpatentable over Biggs, Sr. in view of Crane, et al.
`
`The Examiner states that Biggs, Sr. fails to show the use of a receptacle defined
`
`between a claw and a latch, or a bias member that biases the latch to the closed position. Further,
`
`the Examiner states that Biggs, Sr. fails to show two frame legs extending generally arcuately
`
`downward from the frame lower portion (left and right side), or rockers which define protective
`
`rails about the latch. However, the Examiner contends that the Crane, et al patent discloses these
`
`elements missing from the Biggs, Sr. patent. Further, the Examiner considers that the teachings
`
`of Crane, et al, can be combined with the teachings of Biggs, Sr., thereby teaching Applicants'
`
`invention as defined in claims 5-9.
`
`Applicants respectfully traverse the alleged combination of Crane, et al, and Biggs,
`
`Sr. The Crane, et al, patent discloses an infant car seat having a base, with a carrier detachably
`
`secured to the base. There is no teaching or suggestion whatsoever in Crane, et al, to apply any
`
`of the infant car seat elements which have been referenced by the Examiner to any type of
`
`portable seat assembly such as a collapsible seat as disclosed in Biggs, Sr. Further, there is no
`
`teaching or suggestion whatsoever in Biggs, Sr. to provide for any type of seating assembly
`
`which has an operative seating position when the seat assembly is removed from the bleacher
`
`seat. For all of these reasons, the Applicants respectfully submit that Biggs, Sr. and Crane, et al,
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`cannot be tenably combined.
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`Assuming, arguendo, that Biggs, Sr. and Crane, et al, can be tenably combined, the
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`alleged combination still does not teach or suggest Applicants' invention as defined in claims 5-
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`9. Each of claims 5-9 is directly or indirectly dependent from claim 1, as amended, and
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`15
`
`Ex. 1012. p. 15
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`Ex. 1012, p. 15
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`

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`incorporates all limitations thereof. Applying the alleged combination of the Biggs, Sr. patent
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`and the Crane, et al, patent to claim 1 as amended still would not teach or suggest Applicants’
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`invention as defined in claim 1. That is, and as an example and not by limitation, the alleged
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`combination would not teach or suggest any type of claw having at least first and second teeth,
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`with both of the teeth releasably engaging a saddle and providing alignment of a frame and base,
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`when engaged. Accordingly, claim 1 as amended is neither taught nor suggested by the alleged
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`combination. In view of dependent claims 5-9 incorporating all limitations of claim 1, the
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`Applicants respectfully submit that none of these dependent claims are taught or suggested by
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`the alleged combination.
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`The Applicants respectfully traverse the rejection of claim 10 under Section l03(a) as
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`being unpatentable over Biggs, Sr. in view of the Kamman patent.
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`The Applicants respectfully traverse the alleged combination of Biggs, Sr. with
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`Kamman. The Kamman patent is directed to a motor-driven baby swing having a gearing
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`arrangement for providing a swinging function for a relatively prolonged period of time. The
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`chair associated with the baby swing is capable of use in both a swinging mode operation, and
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`also a rigid mode of operation when detached from the swing.
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`In both modes of operation, the
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`chair is described as being pivotably movable into a series of different reclining positions.
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`There is no teaching or suggestion whatsoever in Kamman to apply any of the gearing
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`arrangements or other pivotable functions with a portable seat assembly having an upright mode
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`and a collapsed mode, such as disclosed in Biggs, Sr. Further, there is no teaching or suggestion
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`whatsoever in Biggs, Sr. to utilize a portable seat assembly having an upright mode of operation
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`and a collapsed mode of operation with a baby swing or other types of chair or seat devices
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`having modes of operation involving swinging or rocking functions. For these reasons, the
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`Applicants respectfully submit that Biggs, Sr. cannot be tenably combined with Kamman.
`
`16
`
`Ex. 1012, p. 16
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`Ex. 1012, p. 16
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`

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`Assuming, arguendo, that Biggs, Sr. can be tenably combined with Kamman, the
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`resultant, alleged combination still does not teach or suggest Applicants‘ invention as defined in
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`claim 10. Claim 10 is directly dependent from claim 1, and incorporates all limitations thereof.
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`Claim 10 has been amended so as to provide appropriate references to the first tooth and the
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`second tooth, in view of amendments to claim 1 wherein these teeth have been previously
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`defined.
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`With reference to claim 1, the alleged combination of Biggs, Sr. and Kamman does
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`not teach or suggest the invention defined by claim 1 as amended. As previously described
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`herein, claim 1 has been amended so as to define the claw as having at least a first tooth and a
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`second tooth, with both teeth releasably engaged in the saddle and providing alignment of the
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`frame and base, when engaged. The Examiner references Kamman as teaching the use of a claw
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`notch 46, a first tooth 44 extending toward the left side from the notch, and a second tooth 76
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`extending toward the right side from the notch. The Applicants respectfully submit that
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`Kamman does not teach or suggest the use of a claw notch, and also respectfully submit that the
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`teeth 44, 76 are entirely different in structure and function from the teeth defined in claim 1.
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`With respect to the Examiner's consideration that Kamman teaches the use of a claw notch 46,
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`the Kamman baby swing provides for the capability of a user "winding" a negator spring 20
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`through the use of a negator spring drive motor 18 so as to swing the baby swing while the swing
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`is attached a housing or frame member 12. The swinging action utilizes a gearing arrangement,
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`where instead of a claw notch, the numerical reference 46 refers to a drive pawl which actuates a
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`ratchet pawl 34.
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`In turn, this intermittently causes a spring motor 18 to impart power to the
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`support frame 16 for automatically continuing swinging action. This drive pawl 46 referenced
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`by the Examiner does not in any manner act as the notch of a claw, where the claw is utilized to
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`releasably capture the front edge of a saddle. Instead, the drive pawl 46 of Kamman is merely a
`
`17
`
`Ex. 1012, p. 17
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`Ex. 1012, p. 17
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`

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`gearing pawl conventionally used with any type of gearing arrangement, such as that used with
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`Kamman so as to impart a swinging motion to the baby chair.
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`With respect to the first tooth 44 referenced by the Examiner, the teeth 44 operate
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`with a run-away pawl 50. If breakage occurs within the gearing arrangement for the baby swing,
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`the run-away pawl 50 is pivoted so as to cause a leg 52 thereof to engage a tooth 44, so as to
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`prevent the motor from running away. Accordingly, the tooth in no manner can be characterized
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`as releasably engaging a saddle and providing alignment of a frame and base, when engaged.
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`With respect to the Examiner's reference to the second tooth 76, the second gearing teeth 76 are
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`used when the chair is detached from the swing, and is to be maintained in a particular angular
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`position on a rigid support surface. Accordingly, there are no second teeth taught or suggested in
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`Kamman which are utilized to releasably engage a saddle and provide alignment of a frame and
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`base, when engaged. For all the foregoing reasons, the Applicants respectfully submit t