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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`14/057,781
`
`10/18/2013
`
`Anthony J. Warncke
`
`SMC-102-A
`
`3309
`
`YOUNG BASILE —
`3001 WEST BIG BEAVER ROAD
`BRINDLEY, TIMOTHY I
`SUITE 624
`
`TROY, MI 48084
`
`3636
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/ 13/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on aboVe—indicated "Notification Date" to the
`following e—mail address(es):
`
`docketing@y0ungbasile.c0m
`audit @ y0ungbasile.c0m
`
`PTOL-90A <ReV- 04/07)
`
`J Squared, Inc. — Ex. 1014, p. 1
`
`J Squared, Inc. – Ex. 1014, p. 1
`
`

`
`Application No.
`14/057,781
`
`App|icant(s)
`WARNCKE ET AL.
`
`Office Action Summary
`
`AIA (First lnventorto File)
`Art unit
`Examiner
`:,*:‘”S
`3636
`TIMOTHY J. BRINDLEY
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE § MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`—
`—
`
`Status
`
`1)IXI Responsive to communication(s) filed on 9/19/14.
`I:I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)I:| This action is non—final.
`2a)IXl This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`
`4)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)IZI Claim(s) £8 is/are pending in the application.
`5a) Of the above claim(s) j is/are withdrawn from consideration.
`6)IZI Claim(s) 31 32 and 35 is/are allowed.
`7)IZI Claim(s) 15-20 24 25 27-29 33 and 36 is/are rejected.
`8)IZI Claim(s) 21-23 26 30 34 37 and 38 is/are objected to.
`9)I:I Claim(s) _ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`
`
`participating intellectual property office for the corresponding application. For more information, please see
`if/index.‘s
`
`
`
`:/:’vvww.usbto. ow atents/init events/'
`
`or send an inquiry to PPI--lfeedbackf,63usj;),togov.
`
`htt
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:l Some** c)I:l None of the:
`a)|:l All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No. j
`3.I:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attach ment(s)
`
`1) E Notice of References Cited (PTO-892)
`3) D jntervjew summary (pTo-413)
`_
`_
`Paper No(s)/Mail Date. j
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 5/30/14. 4) D Other‘ :-
`
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20141105
`Ex. 1014, p. 2
`
`Ex. 1014, p. 2
`
`

`
`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 2
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`DETAILED ACTION
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`In Response to AQQ|icant’s Remarks Filed 9/9/14
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Claims 15-38 are pending.
`
`Claims 15-38 have been examined.
`
`1.
`
`2.
`
`3.
`
`Double Patenting
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`The following is a quotation of the appropriate paragraphs of pre—AlA 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 —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
`
`5.
`
`Claims 15, 18 and 25 are rejected under pre—AlA 35 U.S.C. 102(b) as being anticipated by Yu
`
`(US 6,554,353). Yu discloses a chair (Fig. 1:10) including a seat portion (Fig. 1: 11); a backrest (Fig. 1:
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`12) and a frame interconnecting the seat and backrest portion (Fig. 2: 114, 132, 123, 112) and providing
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`rails under said seat (Fig. 3: 112, 123, 132); a floor engaging base including a vertical support portion
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`(Fig. 3: 21) with a plurality of outwardly extending legs at one end (Fig. 3: 22) and a flat tabletop (Fig. 3:
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`40) of such height as to be accessible as a work surface to a user seated in said chair resting on said
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`rails (Fig. 5) and having front and rear edges being affixed to the top of the vertical support (Fig. 3: 23);
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`the tabletop being configured to underlie said bottom surface between said rails when the chair is coupled
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`to the base (Fig. 3); and an attachment mechanism (Fig. 3: 40, 112, 23, 25) for releasably coupling the
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`chair to the tabletop, said mechanism having multiple elements that latch together only when the front
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`edge of the tabletop generally underlies the front of the seat portion (Fig. 3).
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`As concerns claim 18, Yu discloses wherein the frame members are generally spaced apart, but
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`converge toward the rear of the seat portion (the frame members connect in the rear area of the seat).
`
`Ex. 1014, p. 3
`
`Ex. 1014, p. 3
`
`

`
`Application/Control Number: 14/057,781
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`Art Unit: 3636
`
`Page 3
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`As concerns claim 25, Yu discloses wherein the frame tabletop is generally rectangular and at
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`least generally horizontal (Fig. 3: 40) when the floor engaging base is placed on a horizontal support
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`surface.
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`6.
`
`Claim 27 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Wright (US Des.
`
`139,241. Wright discloses a floor rocker chair having a seat portion with an undersurface and a backrest
`
`portion with a rear surface and having a shaped periphery (Wright, Fig. 2); a pedestal base with legs and
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`a top with a substantially flat upper surface with front, rear and opposite side edges (Wright, Fig. 3); said
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`chair including a substantially continuous frame structure forming spaced apart rocking members
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`disposed directly beneath and attached to said undersurface (the side rockers are disposed underneath
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`the undersurface and attached to the edge of that surface), said frame structure extending upwardly from
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`said frame members along and attached to the backrest rear surface generally along and parallel to the
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`periphery thereof (the frame structure is attached to the periphery of the rear of the backrest) to
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`structurallyjoin said seat and backrest portions; said rocker members being located beneath said
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`undersurface and spaced apart so as to accommodate said top therebetween.
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`Claim Rejections - 35 USC § 103
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`7.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`8.
`
`Claims 15-17, 19, 20, 24, 29 and 33 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Wright (US Des. 139,241) in view of Mendelovich (US 5,806,922). Wright teaches a
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`chair including a seat portion; a backrest and a frame interconnecting the seat and backrest portion (Fig.
`
`1: the sidewalls on both sides) and providing rails under said seat (Fig. 2: the sidewalls provide rails
`
`Ex. 1014, p. 4
`
`Ex. 1014, p. 4
`
`

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`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 4
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`under the seat); a floor engaging base including a vertical support portion with a plurality of outwardly
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`extending legs at one end (Fig. 1: legs) and a flat tabletop (Fig. 3: under seat) of such height as to be
`
`accessible as a work surface to a user seated in said chair resting on said rails (Fig. 2) and having front
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`and rear edges being affixed to the top of the vertical support (Fig. the front and rear edges of the
`
`tabletop are fixed to the top of the legs); the tabletop being configured to underlie said bottom surface
`
`between said rails when the chair is coupled to the base (Fig. 3).
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`Wright does not teach an attachment mechanism for releasably coupling the chair to the tabletop.
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`However, Medelovich teaches a seat which is releasably coupled to a vertical support with an attachment
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`mechanism (Mendelovich, Fig. 4B: shows 62 coupled to the vertical support through attachment
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`mechanism 66,70,72), said mechanism having multiple elements (as discussed) that latch together.
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`It
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`would have been obvious to a person having ordinary skill in the art, at the time that the invention was
`
`made, to modify the chair of Wright to include an attachment mechanism like that of Medelovich which
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`latches when the front of the seat is positioned over the front of the tabletop, in order to provide a more
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`secure connection between the tabletop and seat. Wright and Mendelovich are analogous art because
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`they are both within the same field of endeavor, i.e. seats. Therefore, it would have been obvious to
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`combine Wright and Mendelovich to obtain the invention of claim 15.
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`As concerns claim 16, Wright, as modified, teaches wherein the frame rails define left and right
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`mirror-image floor engaging rocker members (the bottom of the side frame are rails acting as rockers)
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`extending at least in part from the rear of the seat to the front of the seat and underlying the seat, being
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`spaced apart to straddle the tabletop.
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`As concerns claim 17, Wright, as modified, teaches wherein the rails are curved, floor engaging
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`rocker surfaces. Wright does not teach wherein the rails bow outwardly. However, it would have been
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`obvious to a person having ordinary skill in the art, at the time that the invention was made, to modify the
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`orientation of the rails, as a matter of design choice, to bow outward as a matter of aesthetics and in order
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`to provide additional stability to the seat. Therefore, it would have been obvious to use the teachings of
`
`Wright, as modified, to obtain the invention of claim 17.
`
`Ex. 1014, p. 5
`
`Ex. 1014, p. 5
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`

`
`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 5
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`As concerns claim 19, Wright, as modified, teaches wherein the frame members extend from the
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`rear of the seat upwardly along the back of the backrest and are attached to both the rear of the seat
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`portion and the backrest (Fig. 2).
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`As concerns claim 20, Wright, as modified, teaches wherein the frame members are joined
`
`together to form a unit near the top of the backrest (they are joined by the backrest portion at the top of
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`the backrest).
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`As concerns claim 24, Wright, as modified, teaches wherein the frame is comprised of a single
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`length of material attached to the underside of the chair and the back of the backrest (it is attached to the
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`lower edge of the seat and the back edge of the backrest) and extending in two—mirror—image spaced
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`apart portions to define a rocker base under the seat portion and extend upwardly and outwardly along
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`and around the back of the backrest to join the backrest to the seat.
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`As concerns claim 29, Wright, as modified, teaches a floor rocker having a contoured seat
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`(Wright, Fig. 1 : the front edge of the seat is contoured for the legs of a user), a backrest and frame
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`interconnecting the seat and backrest (Wright, Fig. 1: sidewalls); said frame extending along a rear
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`surface of the backrest and continuing under the seat and formed as a pair of generally parallel rocker
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`rails that are attached to said seat (Wright, Fig. 1: rocker rails along bottom of side members); a base
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`comprising a generally planar top and legs, said top being configured between said rocker rails (Wright,
`
`Fig.3); and an attachment mechanism (Mendelovich, Fig. 4B: 66, 70, 72) for releasably coupling said
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`floor rocker to said base with the top between said rocker rails.
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`Wright, as modified, does not expressly teach wherein said top is at a height corresponding to the
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`vertical center of the backrest when in a disconnected state. However, it would have been obvious to a
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`person having ordinary skill in the art, at the time that the invention was made, to modify the height of the
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`vertical support, as a matter of design choice, in order to suit the height of the user, such as a child using
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`the both the seat and the table. Therefore, it would have been obvious to use the teachings of Wright to
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`obtain the invention of claim 29.
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`As concerns claim 33, Wright, as modified, teaches a floor rocker having a seat, a backrest, and
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`a pair of spaced—apart rocker rails under the seat and attached to the seat (Wright, Fig. 1: side members);
`
`Ex. 1014, p. 6
`
`Ex. 1014, p. 6
`
`

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`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 6
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`a base having legs and a generally flat tabletop adapted to receive and support said floor rocker wherein
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`the tabletop is positioned under the seat and between the rocker rails (Wright, Fig. 3); and a latching
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`mechanism (Mendelovich, Fig. 4B: 66, 70, 72) having complemental first and second elements on the
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`seat and the base (Medelovich, Fig. 4B: 66, 70) and configured to allow the floor rocker and the base to
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`be positively but releasably coupled to one another in only one rotational direction.
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`9.
`
`Claim 28 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wright (US Des.
`
`139,241). Wright does not expressly teach wherein the pedestal top is intermediate the vertical extent of
`
`the backrest portion when the floor rocker chair and the base are at rest on the same floor and are
`
`adjacent. However, it would have been obvious to a person having ordinary skill in the art, at the time
`
`that the invention was made, to modify the height of the vertical support, as a matter of design choice, in
`
`order to suit the height of the user, such as a child using the both the seat and the table. Therefore, it
`
`would have been obvious to use the teachings of Wright to obtain the invention of claim 28.
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`Allowable Subject Matter
`
`10.
`
`Claims 21 -23, 26, 30, 34, 37 and 38 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.
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`11.
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`12.
`
`Claims 31, 32 and 35 are allowed.
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`The following is an examiner’s statement of reasons for allowance: The prior art references of
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`Wright, Mendelovich and Yu teach a multifunction chair comprising a rocker chair with rails disposed
`
`under the seat, a base portion with a tabletop on one end which is configured to underlie the seat portion
`
`of the rocker chair and an attachment mechanism coupling the chair to the tabletop. However, the prior
`
`art fails to show wherein the attachment mechanism is spring—biased, or wherein the floor rocker can
`
`swivel relative to the tabletop, or wherein the chair tilts relative to the tabletop. Furthermore, there is no
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`teaching, suggestion, or motivation to modify the prior art of record absent hindsight. Accordingly, claims
`
`21-23, 26, 30-32, 34, 35, 37 and 38 overcome the prior art of record and are deemed allowable.
`
`Ex. 1014, p. 7
`
`Ex. 1014, p. 7
`
`

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`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 7
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`Any comments considered necessary by applicant must be submitted no later than the payment
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`of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such
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`submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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`Response to Arguments
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`13.
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`Applicant's arguments filed in the chart filed 9/19/14 have been fully considered but they are not
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`persuasive based upon the rejection provided above, particularly with respect to the Wright reference.
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`Conclusion
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`14.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of
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`the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory action
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`is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
`
`In no event, however, will the statutory period for reply expire later than SIX
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`MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to TIMOTHY J. BRINDLEY whose telephone number is (571)270-7231. The examiner can
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`normally be reached on Monday — Friday: 8:00 — 5:00.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`David Dunn can be reached on (571) 272-6670. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
`
`Ex. 1014, p. 8
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`Ex. 1014, p. 8
`
`

`
`Application/Control Number: 14/057,781
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`Art Unit: 3636
`
`Page 8
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`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
`
`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC)
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`at 866-217-9197 (toII—free).
`
`If you would like assistance from a USPTO Customer Service Representative
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`or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-
`
`1000.
`
`/TIMOTHY J. BRINDLEY/
`
`Examiner, Art Unit 3636
`November 5, 2014
`
`/DAVID R. DUNN/
`
`Supervisory Patent Examiner, Art Unit 3636
`
`Ex. 1014, p. 9
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`Ex. 1014, p. 9