`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/057,781
`
`10/18/2013
`
`Anthony J. Warncke
`
`SMC- 102-A
`
`3309
`
`48980
`7590
`11/13/2014
`XAMINER
`YOUNG BASILE —
`3001 WEST BIG BEAVER ROAD
`BRINDLEY’ TIMOTHY J
`SUITE 624
`TROY, MI 48084
`
`PAPER NUMBER
`
`3636
`
`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@youngbasile.c0m
`audit @ youngbasile.c0m
`
`PTOLQWRCV‘O‘VW)
`
`J Squared, Inc. — Ex. 1009. p. 1
`
`J Squared, Inc. – Ex. 1009. p. 1
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/057,781 WARNCKE ET AL.
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`TIMOTHY J. BRINDLEY first“ 3636
`-- 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 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`after SIX () 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 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`a)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
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|: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 Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) L38 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|XI Claim(s) 31,32 and 35 is/are allowed.
`
`7)IZ| Claim(s) 15-20 24 25 27-29 33 and 36 is/are rejected.
`
`8)IZ| Claim(s) 21-23 26 30 34 37 and 38 is/are objected to.
`
`9)|:l 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
`
`
`
`://www.usoto. ov/ atents/init events"
`h/index.‘s orsend an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`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:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`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.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 6/30/14.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20141105
`JSquared, Inc. — Ex. 1009. p. 2
`
`J Squared, Inc. – Ex. 1009. p. 2
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 2
`
`DETAILED ACTION
`
`In Response to Applicant’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-AIA 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-AIA 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:
`
`12) and a frame interconnecting the seat and backrest portion (Fig. 2: 114, 132, 123, 112) and providing
`
`rails under said seat (Fig. 3: 112, 123, 132); a floor engaging base including a vertical support portion
`
`(Fig. 3: 21) with a plurality of outwardly extending legs at one end (Fig. 3: 22) and a flat tabletop (Fig. 3:
`
`40) of such height as to be accessible as a work surface to a user seated in said chair resting on said
`
`rails (Fig. 5) and having front and rear edges being affixed to the top of the vertical support (Fig. 3: 23);
`
`the tabletop being configured to underlie said bottom surface between said rails when the chair is coupled
`
`to the base (Fig. 3); and an attachment mechanism (Fig. 3: 40, 112, 23, 25) for releasably coupling the
`
`chair to the tabletop, said mechanism having multiple elements that latch together only when the front
`
`edge of the tabletop generally underlies the front of the seat portion (Fig. 3).
`
`As concerns claim 18, Yu discloses wherein the frame members are generally spaced apart, but
`
`converge toward the rear of the seat portion (the frame members connect in the rear area of the seat).
`
`J Squared, Inc. — Ex. 1009. p. 3
`
`J Squared, Inc. – Ex. 1009. p. 3
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 3
`
`As concerns claim 25, Yu discloses wherein the frame tabletop is generally rectangular and at
`
`least generally horizontal (Fig. 3: 40) when the floor engaging base is placed on a horizontal support
`
`surface.
`
`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
`
`a top with a substantially flat upper surface with front, rear and opposite side edges (Wright, Fig. 3); said
`
`chair including a substantially continuous frame structure forming spaced apart rocking members
`
`disposed directly beneath and attached to said undersurface (the side rockers are disposed underneath
`
`the undersurface and attached to the edge of that surface), said frame structure extending upwardly from
`
`said frame members along and attached to the backrest rear surface generally along and parallel to the
`
`periphery thereof (the frame structure is attached to the periphery of the rear of the backrest) to
`
`structurallyjoin said seat and backrest portions; said rocker members being located beneath said
`
`undersurface and spaced apart so as to accommodate said top therebetween.
`
`Claim Rejections - 35 USC § 103
`
`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
`
`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
`
`J Squared, Inc. — Ex. 1009. p. 4
`
`J Squared, Inc. – Ex. 1009. p. 4
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 4
`
`under the seat); a floor engaging base including a vertical support portion with a plurality of outwardly
`
`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
`
`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).
`
`Wright does not teach an attachment mechanism for releasably coupling the chair to the tabletop.
`
`However, Medelovich teaches a seat which is releasably coupled to a vertical support with an attachment
`
`mechanism (Mendelovich, Fig. 4B: shows 62 coupled to the vertical support through attachment
`
`mechanism 66,70,72), said mechanism having multiple elements (as discussed) that latch together.
`
`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 chair of Wright to include an attachment mechanism like that of Medelovich which
`
`latches when the front of the seat is positioned over the front of the tabletop, in order to provide a more
`
`secure connection between the tabletop and seat. Wright and Mendelovich are analogous art because
`
`they are both within the same field of endeavor, i.e. seats. Therefore, it would have been obvious to
`
`combine Wright and Mendelovich to obtain the invention of claim 15.
`
`As concerns claim 16, Wright, as modified, teaches wherein the frame rails define left and right
`
`mirror-image floor engaging rocker members (the bottom of the side frame are rails acting as rockers)
`
`extending at least in part from the rear of the seat to the front of the seat and underlying the seat, being
`
`spaced apart to straddle the tabletop.
`
`As concerns claim 17, Wright, as modified, teaches wherein the rails are curved, floor engaging
`
`rocker surfaces. Wright does not teach wherein the rails bow outwardly. 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
`
`orientation of the rails, as a matter of design choice, to bow outward as a matter of aesthetics and in order
`
`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.
`
`J Squared, Inc. — Ex. 1009. p. 5
`
`J Squared, Inc. – Ex. 1009. p. 5
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 5
`
`As concerns claim 19, Wright, as modified, teaches wherein the frame members extend from the
`
`rear of the seat upwardly along the back of the backrest and are attached to both the rear of the seat
`
`portion and the backrest (Fig. 2).
`
`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
`
`the backrest).
`
`As concerns claim 24, Wright, as modified, teaches wherein the frame is comprised of a single
`
`length of material attached to the underside of the chair and the back of the backrest (it is attached to the
`
`lower edge of the seat and the back edge of the backrest) and extending in two-mirror-image spaced
`
`apart portions to define a rocker base under the seat portion and extend upwardly and outwardly along
`
`and around the back of the backrest to join the backrest to the seat.
`
`As concerns claim 29, Wright, as modified, teaches a floor rocker having a contoured seat
`
`(Wright, Fig. 1 : the front edge of the seat is contoured for the legs of a user), a backrest and frame
`
`interconnecting the seat and backrest (Wright, Fig. 1: sidewalls); said frame extending along a rear
`
`surface of the backrest and continuing under the seat and formed as a pair of generally parallel rocker
`
`rails that are attached to said seat (Wright, Fig. 1: rocker rails along bottom of side members); a base
`
`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
`
`floor rocker to said base with the top between said rocker rails.
`
`Wright, as modified, does not expressly teach wherein said top is at a height corresponding to the
`
`vertical center of the backrest when in a disconnected state. 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 29.
`
`As concerns claim 33, Wright, as modified, teaches a floor rocker having a seat, a backrest, and
`
`a pair of spaced-apart rocker rails under the seat and attached to the seat (Wright, Fig. 1: side members);
`
`J Squared, Inc. — Ex. 1009. p. 6
`
`J Squared, Inc. – Ex. 1009. p. 6
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 6
`
`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 (Wright, Fig. 3); and a latching
`
`mechanism (Mendelovich, Fig. 4B: 66, 70, 72) having complemental first and second elements on the
`
`seat and the base (Medelovich, Fig. 4B: 66, 70) and configured to allow the floor rocker and the base to
`
`be positively but releasably coupled to one another in only one rotational direction.
`
`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.
`
`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.
`
`11.
`
`12.
`
`Claims 31, 32 and 35 are allowed.
`
`The following is an examiner’s statement of reasons for allowance: The prior art references of
`
`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
`
`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.
`
`J Squared, Inc. — Ex. 1009. p. 7
`
`J Squared, Inc. – Ex. 1009. p. 7
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 7
`
`Any comments considered necessary by applicant must be submitted no later than the payment
`
`of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such
`
`submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
`
`Response to Arguments
`
`13.
`
`Applicant's arguments filed in the chart filed 9/19/14 have been fully considered but they are not
`
`persuasive based upon the rejection provided above, particularly with respect to the Wright reference.
`
`Conclusion
`
`14.
`
`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 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 date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to TIMOTHY J. BRINDLEY whose telephone number is (571 )270-7231. The examiner can
`
`normally be reached on Monday - Friday: 8:00 - 5:00.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`David Dunn can be reached on (571) 272-6670. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`J Squared, Inc. — Ex. 1009. p. 8
`
`J Squared, Inc. – Ex. 1009. p. 8
`
`

`

`Application/Control Number: 14/057,781
`
`Art Unit: 3636
`
`Page 8
`
`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 (toll-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-
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`1000.
`
`/TIMOTHY J. BRINDLEY/
`
`Examiner, Art Unit 3636
`November 5, 2014
`
`/DAVID R. DUNN/
`
`Supervisory Patent Examiner, Art Unit 3636
`
`J Squared, Inc. — Ex. 1009. p. 9
`
`J Squared, Inc. – Ex. 1009. p. 9
`
`

`

`Notice of References Cited Examiner
`
`Application/Control No.
`
`14/057781
`
`TIMOTHY J. BRINDLEY
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`WARNCKE ET AL.
`Art Unit
`
`3636
`
`Page 1 0“
`
`*
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Name
`
`,
`,
`,
`Classification
`
`US-8,777,305
`
`07-2014
`
`Jannetides et al.
`
`297/118
`
`
`
`*
`
`Document Number
`Date
`.
`.
`.
`Country Code-Number-Kind Code
`MM-YYYY
`Country
`Name
`Classification
`--—_———
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`US. Patent and Trademark Office
`
`PTO'892 (Rev. 01'2001)
`
`Notice of References Cited
`
`Part of Paper No. 20141105
`
`J Squared, Inc. — Ex. 1009. p. 10
`
`J Squared, Inc. – Ex. 1009. p. 10
`
`

`

`14057781 ~ {gawomaggj
`gggfigitggate: 08/30/2014
`Approved for use through 078112012. OMB 0651-0031
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`Application Number
`14057781
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`Filing Date
`2013-10-18
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`
`INFORMATION DISCLOSURE
`
`STATEMENT BY APPLICANT
`
`( Not for submission under 37 CFR 1.99)
`
`
`First Named Inventor
`Anthony Warncke et al.
`Art Unit
`| 3535
`Examiner Name
`Timothy J. Brindley
`Attorney Docket Number
`I SMC-102—A
`
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`J Squared, Inc. – Ex. 1009. p. 11
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`J Squared, Inc. – Ex. 1009. p. 12
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`Application Number
`14057761
`t4057781 ~ GAL}: 36:36
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`Filing Date
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`First Named Inventor
`Anthony Warncke et al.
`Art Unit
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`I SMC-102—A
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`EFS Web 2.1.17
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`ALI. REFERENCES CONSIQERED EXCEf’ghyéiljégfiélLfiEEEidgglfiQHGH /T.E../
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`J Squared, Inc. – Ex. 1009. p. 14
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