`
`NOV.20. 2014
`
`2:23AM
`
`YOUNG 3. BASILE
`
`N0.0l9
`
`P.
`
`2
`
`Hfifififilw
`GENTRALFAXBENTER
`
`Our Reference: SMC-lO2—A
`
`"UV 392"“
`
`PATENT
`
`IN THE UNITED STATES PATEZNT AND TRADEMARK OFFICE
`
`Applicant:
`
`Serial Number:
`
`Filing Date:
`
`_
`
`ANTHONY I. WARNCKE ET AL.
`
`14xo57,7s1
`
`October 13, 2013
`
`Examiner/Art Group Unit:
`
`Timothy J. Brindfey I 3636
`
`Title
`
`CHAIR WITH COUPLING COMPANION STOOL Base
`
`AMENDMENT AFTER Fm,A_L
`
`E
`
`f
`
`:'
`
`:
`
`Coozunissioner for Parents
`P. O. Box 1450
`
`Alexandria. VA 22313-1450
`
`Sir:
`
`Ifthcxe are any charges or fees in connection with the following communication, they
`
`may be paid out of our Deposit Account No. 25-01 15.
`
`In response to the Office Action issued November 13, 2014, please make the
`
`amendments shown in the attached papers in this application in the:
`
`B
`
`El
`
`Amendments to the Abstract.
`
`Amendments to the Specification.
`
`Amendments to the Claims.
`
`D
`
`Amendmenfi to the Drawings.
`
`{‘1'B:oo2aoa47.Docx)
`
`2
`
`PAGE 2110‘ RCVDAT11i20a'2DI42:25:23FM [Easlem Slandard Tme]‘ SVRIW-PTOFflX-0fl1i33' DH|S:2?38300‘ CSJDI1 2-13 649 3333' DURRTIOH (mm-ss):fl2-36
`
`
`
`I ‘I
`
`NOV. 20. 3014
`
`2:23AM "_""{0UNG Eu BASILE
`
`Application Serial No. 1410575181
`Date: Novem berm, 2014
`In response to Ofllee Action dated November 13, 2014
`
`Listing of the Claims:
`
`Cancel claims 1-14.
`
`N0. 019
`
`P.
`
`3
`
`Page 2 of 9
`
`15.
`
`(Currently amended) A multifimction desk ohaircomprising:
`
`a chair including a seat portion with a fiont, a rear and a. bottom sIJ.rfa.ce; a backrest
`
`portion and a frame interconnecting the seat and backrest portions and providing
`rLkti,rails under said seatii;
`
`a floor engaging base including a vertical suppoit with a plurality of outwardly extending
`
`legs at one end and a generally flat tabletop of such height as to be accessible as a
`
`Work surface to a user seated in said chair resting on said rails; said tabletop-and
`
`having fi'ont and rear edges and being affixed to the top of the Vertical support;
`
`the tabletop being configured to underlie said bottom surface between said 395159;rails
`
`I
`
`when the chair is coupled to the base; and
`
`an attachment mechanism for releasably coupling the chair to the tabletop, said
`
`mechanism bemg operable to latch the chair and
`
`the base together only when-in the rotational Qricntatigg whg-,_g'_n the front edge
`
`of the tabletop generally underlies the front of the seat portion‘ wherein the
`
`attachment mechanism includes a ggrmg-Qifigcg clip lock which is biased to latch
`
`the chair to the tabletop but col1fig;|g_;re£l to be manually operated to selectively
`
`release the chair frog the tabletop.
`
`16.
`
`(Previously .p1-csented] The multifunction desk chair defined in claim 15 wherein the
`
`frame rails define left and right mirror-image floor engaging rocker members extending, at least in part.
`
`from the rear ofthe seat to the front ofthe seat and tmdcrlying the seat, said members being spaced apart
`
`enough to straddle said tabletop thetebetween.
`
`17.
`
`(Previously presented) The multifunction desk chair defined in claim 16 wherein said
`
`rails bow outwardly and are provided with curved, floor engaging rocker surfaces.
`
`18.
`
`(Previously presented) The multifunction chair defined in claim 15 wherein the frame
`
`members are generally spaced apart but converge toward the rear of the seat portion.
`
`l9.
`
`(Currently amended) The rnultifimction chair defined in claim 17 wherein the frame
`
`members extend from the rear undegide of the seat upwardly along the back ofthe backrest and are
`
`attached to both the rear of the seat portion and the back ofthe backrest.
`
`{YE:I'JO23OB4T.DOCX }
`
`PAGE 3i1D" RCVDAT11l20l2014 2:25:23 PM {Easlem Standard Tune] "SVR:W-PTOFAX-001f33 ' DH|S_I2?38flUD * CSIDI1 248 649 3338 ' DURATION (mm-ss):l2-36
`
`
`
`..
`
`a
`
`L
`
`NOV. 29. 2014
`
`2:23AM W’-“YOUNG & BASILE
`
`'
`
`Application Serial No. 141057381
`Date: November ‘.29, 2014
`In response to Office Action dated November 13, 2014
`
`’
`
`'
`
`l.|0.{)l9
`
`P.
`
`4
`
`Page 3 of?
`
`20.
`
`(Previously presented) The multifunction chair defined in claim 19 wherein the finme
`
`members arejoined together to form a unit near the top of the backrest.
`
`21.
`
`(Canceled)
`
`22.
`
`(Currently amended) The multifunction chair defined in claim 2-l—;_§__whcrein the snap
`
`lock is manually activated to re-latch the chair to the tabletop without direct manual contact by pushing
`
`down on the chair portion when the fi'ont edges of the chair and tabletop are substantially co-located.
`
`23.
`
`(Currently amended) The multifunction chair defined in claim 22 wherein the snap-c_li,o
`
`lock is further provided with a manual release element configured to be g1=esped—engaged by the fingers.
`
`24.
`
`(Previously presented) The multifunction chair defined in claim 15 wherein the frame
`
`comprises a single length ofrigid inaterial attached to the underside of the chair and the back of the
`
`backrest and extending in two mirror-irnage. spaced apart portions to define a rocker base under the seat
`
`i
`
`portion and extend upwardly and outwardly along and around the back of the baclorest to join the backrest
`to the seat.
`
`25.
`
`(Previously presented) The multifunction chair defined in claim 15 wherein the tabletop
`
`is generally fectanguler and at least generally horizontal when the floor engaging base is placed on a
`
`horizontal support surface.
`
`26.
`
`(Previously presented) The multifianction chair defined in claitn 22 wherein operation of
`
`the sna.p—lock produces an audible response.
`
`'
`
`27.
`
`(Omcntly amended) A multifunctional desk chair comprising:
`
`a floor rocker chair having 3. seat portion with an Ltndersurface and a backrest portion
`
`with a rear surface and having a shaped periphery;
`
`a pedestal base with legs and atop with a substantially flat upper surface with front, rear
`
`and opposite side edges;
`
`Said chair including a substantially continuous frame structure forming spaced apart
`
`rocker members disposed directly beneath and attached to said understtrface, said
`
`frame structure extending upwardly from said flame members along and attached
`
`to the backrest rear surface generally along and parallel to the ggggperiphery
`
`thereofto structurally join said seat and backrest positions;
`
`{‘f8.11ll23Da47.DOCX}
`
`PAGE M10‘ RCVD AT 11l20l2014 2:25:23 PM [Easlem standard Time] ' SVR:W-PTOFAX-001 I33 'DNlS:2l38‘lfl0 ‘ CSIDI1 248 649 3338 ' DURATION (mm-ss]:fl2-36
`
`
`
`n
`
`-1
`
`D
`
`NOV. 20. 20M 2:23AM'_'YOUN(i
`
`S. BASILE
`
`Application Serial No. l4a’05'.",‘!8l
`Date: November 20,2014
`In response to Office Action dated November 13, 1014
`
`N0. 019
`
`P.
`
`5
`
`Page 4 of 9
`
`said rocker members being located beneath the plane of said undersurface and being
`
`spaced far enough apart to accommodate said top thereberween.
`
`28.
`
`(Previously presented) A multifimcfional desk chair as described in claim 2'? 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 adj scent one another.
`
`29.
`
`(Qmenfly amended) A rnultifimctional furniture article comprising:
`
`a floor rocker having a contoured seat, a. backrest and a frame interconnecting the seat
`
`and backrest;
`
`said frame extending along a rear surface of said backrest and continuing under said seat
`
`and formed as a pair of generally parallel rocker rails that are attached to said
`
`seat;
`
`a base comprising a generally planar top and legs. said top being configured to fit
`
`between said rocker rails; and
`
`an attrachment mechanism for releasably coupling said floor rocker to said base with the
`
`top between said rocker rails,
`
`wherein said top is at a height corresponding generally to the vertical center of said
`
`backrest when the article is in a disconnected state and the rocker and base are on
`the same floor level. wherein the floor rocker can fliyei relay‘e to the $5
` .
`
`30.
`
`(Canceled)
`
`(Previously presented) A two—pa.rt chair convertible from a standard height desk chair to
`31.
`a combination of separate floor rocker and work surface comprising:
`
`a floor rocker having a seal, a seat back and a pair ofroeker rails depending from and
`
`located below the seat, the back rest height exceeding the height of the seat
`
`surface above the bottom of said rails, and a front cross member below the front
`
`end of the seat and extending between said rails;
`
`a base having a pedestal and a table plate mounted thereon, the table plate being
`
`derachably connected to the underside of said floor rocker between said rails by
`
`way of a manually operable, normally closed latch mechanism having a bias
`
`spring.
`
`{YB:OO23OB-I-T.DOCX }
`
`PAGE 5l1D* RCVD AT 11l20l2U14 2: 25:23 PM [Eastern standard Tmel‘ SVRIW-PTOFAX-0D1l33' DH|S:2?383fl0 ‘ CSIDI1 248 6-19 3333 ‘ DURATION (mm-ss):U2-it
`
`
`
`N0.0l9
`
`9.
`
`6
`
`Page 5 of 9
`
`NOV. 20. 2014
`
`2:24AM _‘-YOUNG & BASILE
`
`Application Serial No. 141051731
`Date: November 20, 2014
`In response to Office Action dated November 13, 2014
`
`i i
`
`:
`!
`I
`
`32.
`
`(Previously presented) A rnultifimcdon chair convertible from a standard height desk
`
`chair to a combination ofseparatc floor rocker and stoolfworlt table comprising:
`
`a floor rocker having a seat, a seat back, and a pair ofrocker rails below and attached to
`
`said seat and in close proximity to said seat and further including a front cross
`
`member between the rails below the front end of said seat;
`
`a stool comprising at least one vertical support member and a generally rectangular table
`
`top mounted thereon; and
`
`a spring biased latch mechanism for coupling the table top to the underside of said floor
`
`rocker and for releasing said floor rocker from said table top, the dimensions of
`
`said table top being such as to fit between said rocker rails when the chair is in
`the desk chair configuration.
`
`33.
`
`(Currently amended) A multifunction task chair convertible from a desk chair to a
`
`combination of separate floor rocker and game table comprising:
`
`a floor rocker having a seat, a baclcrwt, and a pair of spaced-apart rocker rails under the
`
`seat and attached to the seat;
`
`a base having legs and a generally flat tabletop adapted to receive and support said floor
`
`rocker wherein the tabletop is positioned under the seat and between the rocker
`
`rails; and
`
`a latching mechanism having complemental first and second elements on the seat and the
`
`base and configured to allow the floor rocker and the base to be positively but
`
`releasably coupled to one another in only one rotational orientation;
`
`wherein the latch mechanism has a §1:_vring—biased, normally closed-flitign mph Q me
`
`chair and a ncceiver for the spring biased latch on the page gg figmgg wherein
`
`the chair lntgi], portion is configured to mme Quay figm mg closed pgsition to
`
`allow coupling by urging fie ghgir downwardly on top of the base in the said one
`
`rotational gfienmtign.
`
`E
`
`34.
`
`(Canceled)
`
`35.
`
`(Previously pr-wanted) A method of operating a convertible desk chair consisting
`
`essentially ofthe combination ofa low-profile floor rocker having a seat portion with s backrest and a
`pair of spaced-apart rocker rails attached to and positioned under the seat portion, and a base having a
`pedestal portion and a substantially flat tabletop surface mounted on the pedestal, and a spring-biased
`
`(YB!OD23DBdT.DOCX }
`
`PAGE 6H0" RCVD AT 11l20l20I4 2:25:23 PM |Easlem StandaIdTm1e]‘ SVRIW-PTOFAX-001i33 ‘ DN!S:l?38.'lflD " BSiD:1 248 649 3333 ' DURATION (mm-ss):02-35
`
`
`
`I
`
`‘-
`
`NOVJIU. 2014
`
`2:24AM ""'YOUNG & BASiLE
`
`H0019
`
`P.
`
`7
`
`5
`'
`
`!
`
`:
`
`:
`
`j
`
`5
`
`Application Serial No. 14l05?,731
`Date: November 20, 20:4
`In response to Office Action dated November 13, 2014
`
`'
`
`Page 6 of 9
`-
`
`latch normally couplingthe rockerto the base such thatthe seatportion overliesthe tabletop surface, the
`
`method comprising the steps of.
`
`decoupling the floor rocker from the base by manually operating the latch;
`
`placing the floor rocker adjacent the base with the tabletop at a height mediate the
`
`vertical length ofthe backrest and in direct proximity to the seat of the floor
`
`rocker so as to permit a user seated in the floor rocker to use the tabletop as a
`I work surface aodfor a game table.
`
`36.
`
`(Previously presented) The method of claim 35 including the further step of re-coupling
`
`the seat to the base by placing the seat on the base in a particular, indicated orientation that aligns
`
`elements of the latch, and pressing down on the seat to open and close the latch in that order.
`
`37.
`
`(‘Previously presented) The multifunction desk chair defined in claim 15 further
`
`including a mechanism that allows the chair to swivel relative to the base when coupled thereto.
`
`3 8.
`(Previously presented) The multifilnction desk chair defined in claim 15 further
`including a mechanism that allows the chair to tilt relative to the base when coupled thereto.
`
`{Y&.oo23oe-rmocx 1
`
`PAGE 7H0 * RCVD AT 11l20i2014 2:25:23 PM [Eastern Standard Tune] * SVR:W-PTOFAX-001i33 ‘DN|S:2?333fl0 * CSlD:1 248 649 3338'DURAT|0H(mn1-ss):02-36
`
`
`
`:
`
`‘
`
`,
`
`-
`
`'
`
`NOV. 20. 2014
`
`2:24AM ""'"YOUl!G & BASILE
`
`Application Serial No. l4f057,781
`Date: November 20,2014
`In response to Office Action dated November 13, 2014
`
`FIEQEIVED
`CENTRAL FA! OENTER
`
`NQV 20 2011.
`
`N0. 019
`
`P.
`
`8
`
`Page 7 of 9
`
`REMARKS
`
`This paper is filed in response to the Office Action dated November 13, 2014 and the telephonic
`
`mterview between Examiner Tim Brindley and Attorney Tom Young on November 20, 2014.
`
`Applicants note with appreciation the allowance of claims 31, 32, and 35 and the fiirther
`
`indication that claims 21-23, 26, 30, 34, 37, and 38 are allowable subject to being reétructui-ed so as to
`depend on an allowed ciaim. The claims in the application have been revised to place all of these claims,
`
`as well as several others, in condition for immediate allowance.
`
`Some modest language arnerldments have been made for clarity. The term “snap lock” has been
`
`changed in claims 15, 22, and 73 to “clip lock” to agree with the specification, 1[0O4'l'. The word
`
`“grasped” in claim 23 has been changed to "engaged" to avoid unnecessary confusion over meaning.
`
`There are certain aspects of the Office Action which were discussed during the telephone
`
`interview. These are detailed below.
`
`1. The rejection of claim 36 appears to be an error. It depends directly on claim 35, which
`
`stands allowed. Accordingly, claim 3 6 is automatically allowable and comection of this
`
`obvious error is requested.
`
`2. Claim 15 has been amended to incorporate the content of claim 21 which was deemed
`
`allowable. In addition, the term “recital” has been placed before “rails” to further distinguish
`
`fiorn Yu.
`
`3. Two important aspects of claim 15 as originally presented, appear to have been overlooked in
`
`the rejection ofthat claim under 35 USC § 102 on U. 3. Patent No. 6,554,353 to Yu. Claim
`
`15, states clearly that the attachment mechanism between the tabletop and the base is such as
`
`to allow the two components to be latched together “only when the front edge of the tabletop
`
`generally underlies the front ofthe seat portion”. In other words, the base and the seat can
`
`only be coupied in one rotational orientation. ‘The Yu base, as shown in Fig. 2, would appear
`
`to admit of clamping support rods 112 to the base 20 either front-to-front or front-to-back
`orientation .
`
`{YB:D023D3d'.r".DOCX)
`
`PAGE Illifl ' RCVD AT I1l20l2D14 2:25:23 PM [Easlem standard Time] * SVRIW-PTOFAX-{W33 ‘ DNlS:2?383l0 * CSlD:1 243 649 3338‘ DURATION (mm-ss):02-36
`
`
`
`-'
`i
`
`NOV. 20. 2014
`
`2:24AM '“'YOUI‘lG 8: BASILE
`
`Application Serial No. 14I05'?,78I
`Date: November 20, 2014
`In response to Omce Action dated November 13, 2014
`
`N0. {M9
`
`P.
`
`9
`
`_
`
`Page 8 of 9
`
`4. Secondly, in rejecting, both claims 15 and 27, the Examiner appears to have rnisconstrued two
`
`important ‘Words. The word “under” in claim 15 describes the spatial relationship between
`the rocker rails and the seal. The word "beneath" is used for the same purpose in claim 27.
`In the Wright design patent, the rocker edges ofthe side panels are neither “under” nor
`
`"beneat.h” the seat panel; rather. they are simply "lower than” the seat panel in three-
`
`dimensional space- A boat sailing along a river is neither “under” nor “benoath" a bridge
`
`span before it reaches the bridge span or after it has passed through it. It is only “under” or
`
`“beneath” the bridge span when the boat and bridge are in the same vertical plane. Similarly,
`
`the rocker rails are only ‘5Jnder” or “beneath” the seat if they are within a vertical projection
`
`ofthe seat plane. Wright does not correspond to this language. Thus, both claims distinguish
`
`from Wright as originally presented and this language appears to render the rejections under
`
`35 USC § 102 ofboth claims inappropriate;
`
`5. There are additional disthictions between claim 2? as written and the Wright patent. The
`rocker s1.I1'fi1oc5 ofthe Wright patent are not created by at “substantially continuous frame
`
`structure forming spaced apart rocker members disposed directly beneath and attached to
`
`said under surface”. As stated above, the rocker surfaces of Wright are lower than the seat
`
`plane, but they are not “directly beneath” it, nor are they attached to an “undersurfaoe".
`
`Rather, they areattached to the side edges. Reconsideration of this rejection is requested.
`
`6. Applicants propose herein to amend claim. 27 to state that the frame members run generally
`
`along the “upper periphery” of the backrest This further distinguishes from Wright in which
`
`the side panels that form the rockers only attach to the lower periphery of the backrest.
`
`With the amendments made to claims 15 and 27, and the bringing to light ofan obvious error in
`
`the rejection ofclairn 36, it is respectfully submitted that Applicants have placed the application in
`
`condition for intmetliatc allowance and favorable action is respectfully requested.
`
`No admission ofnon-patentability or non-allowability of any claim presented prior to this
`
`Amendment is made or intended by reason ofthis subrnission. Nor do Applicants or Applicants’ counsel
`
`make any admission that any ofthe infant seats shown in prior art such as Wright, are “analogous” art.
`
`Applicants further respectfiilly traverse the Exa.tnioer’s conclusion that it would be “obvious" to shorten
`
`fYBm2:oa47.oocx 1
`
`PAGE 9l1ll ' RCVD AT 11l20l201sl 2:25:23 PM |Easlem Standard Time] ' SVRIW-FTUFAX-0ll1l33 ' DNlS:l738Illl|J " CSlD:1 248 649 3333 ' DURATION (mm-ss|:02-36
`
`
`
`:-A
`
`-
`
`NOV. 20. 2014
`
`2:24AM ' YOUNG&BASlLE
`
`Application Serial No. 1410553731
`Date: November '20, 2014
`In response to Ottice Action dated November 13. 2014
`
`,
`
`.
`
`N0.0l9
`
`P.
`
`in
`
`Page 9 of 9
`
`the high chair base of the Wright patent to make the top surface “accessible” to an infant seated in the
`
`rocker when placed on the floor since this Would clearly defeat one of the prJ'J'n81')’ P01110565 Of thfi Wright
`
`patent, which is to provide a "high" chair.
`
`Respectfully submitted,
`
`YOUNG BASILE HANLON & MACFARLANE PC
`
`_/ ThomasN. Young, Reg.No.$0,555
`
`E 5
`
`(248) 649-3 333
`(248) 649-3333 (fax)
`
`3001 West Big Beaver Rd., Ste. 624
`Troy, Michigan 48084-3 107
`
`{YB!DG23OB47.DOCX ]
`
`PAGE 1El:‘1U ’ HCUD AT 11f2fl!2fl14 2:25:23 PM [Eastern Standard Time] ‘ SVR:W-PTOFAX-HD1133‘ DN|S:2?3830fl ‘ CSlD:1 248 649 3333 ‘ DURATION (mm-ss):02«36