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COMMISSIONER'S DECISION

 

      Obviousness: Secretarial Chair

 

      The applicant uses the inner sleeve member of the rubber torsion mounting of a

      chair to support the chair back. The prior art arrangement uses the outer sleeve

      the rubber torsion member of this support.  This permits recessing the working part

      within the seat, but that is a matter of design rather than invention.

      Final Action: Affirmed      ****************

 

            This decision deals with 2 request for review by the Commissioner of

      Patents of the Examiner's Final Action dated November 21. 1975, on appli-

      cation 140,872 (Class 155-48). The application was filed on April 28,

      1972, in the name of Bernard J. Fries, and is entitled "Chair."

      The Patent Appeal Board conducted a Hearing on September 9, 1977, at

      which Mr. A. Graham, and also Mr. J. Mitchell (the applicant's American

      agent) represented the applicant.

 

      In this application the applicant is seeking a patent for a tiltable office

      chair. In particular he claims a secretarial chair provided with an adjust-

      able back which tilts away from the seat. The adjustment means for controll-

      ing and limiting the degree of tilt is concealed under the seat within a

      recess, and is fitted with a molded plastic cover which hides the working

      mechanism from the observer when the chair is viewed in profile. It is,

      consequently much more attractive than a chair where all the working parts

      are exposed. Figures 1 and 8 illustrate the application.

 

                        <IMG>

 

In his Final Action the examiner refused the applications for failing to

define patentable subject matter over the following patents:

 

   United States

3,111,343         Nov. 19, 1963           Pearson

 

   Canadian

669,631           Sept. 3, 1963           Lie

71,339                  May 14, 1901            Frazer

 

The Pearson patent is also for a secretarial chair. The adjustment means

for this chair is concealed in the seat-supporting shell which is anchored

to the spindle base by a hub arrangement. Figures 1 and 3 of Pearson are

shown below.

 

    <IMG>

 

Lie describes a secretarial chair in which a torsion bar-pivot assembly

is used to control the tilt of the back portion. Figures 3 and 6 of Lie

illustrate his invention.

 

        <IMG>

 

The Frazer patent is for a chair in which the pivoted tiltable back portion

is restrained by a compressed coil spring mounted under the seat.

 

In the Final Action the examiner stated (in part):

 

   The patent to Fraser ........ " shows a relatively flat mechanism

for pretensioning the pivotal movement of the backrest of a

chair. Fore and aft movement of the backrest is also taught

therein.

 

   It is held as entirely obvious to cover up an unsightly pivot

member with a plastic shell which is merely added on and, in

the words of applicant's December 3, 1973 reply:

 

 "The cover has nothing to do with the chair control

    itself, other than to conceal it ... has absolutely

        nothing to do with the operability of the chair

        control".

 

      Applicant argues that this concept is in no way disclosed or

suggested by the prior art.

 

   In reply to this, cloth, vinyl, molded plastic and sheet metal

parts are commonly used to conceal unsightly parts and their use

does not amount to invention.

 

   To cover up the pivot member of the patent to Fraser would merely

produce the obvious result of enhancing the appearance in profile,

as applicant states, it goes not make the chair operate better or

even differently as a chair. Furthermore the patent to Lie shows in

figure. 6 a profile of a chair wherein the control means of figure 3

is concealed by frame 12.

 

   Further details in the claims of the pivoted torsion member are

obvious in view of the patent to Pearson which shows a rubber in

torsion member having inner and outer members, the backrest being

connected to the outer member. The use of an ear extending from

the backrest mounting bracket is obvious in view of the abutments

of the patent to Lie. The use of abutments for stops is well known.

 

   All claims are therefore rejected as directed to unpatentable

material in view of the applied references. It cannot be said to

be inventive to cover up unsightly parts with that which merely

performs as a cover. The advantages of a cover are well discussed

in the patent to Pearson. Applicant states that the cover is shaped

in accordance with the seat shell. However, this is considered to

be a matter of appearance only, and design for appearance is not

patentable per se.

 

In his responses to the Final Action the applicant stated (inter alia):

 

Because the cover which is called for in broad claim 1 deviates

from the configuration of the hidden interior shell member, the

cover defines the shape of the chair seat. Rather than being

conformed to the shape of a chair control, thereby constituting

simply a cover for the chair control, the outer cover member

employed in the present invention actually defines a hidden

recess into which the chair control member can be secreted. An open-

ing in the cover member, spaced from the shell, allows one to insert

the control into the hidden recess and allows access to the control

if necessary.

 

This concept is not in any way suggested by the prior art. The

Examiner says that the advantages of a cover are well discussed in

Pearson. However, Pearson does not employ any cover member. Pear-

son simply employs a conventional torsion member in which the housing

3 has a forwardly sloping portion. The housing 3 itself is necessary

to support the control member. Pearson's support housing 3 is

necessary to the operation of the control. The control is not in-

dependent of the support housing 3 and in fact the two are integral

parts of the control. Housing 3 very clearly looks like and is a

support housing for the control arid is always clearly visible in

the Pearson chair.

 

The same is true in Lie. The perimeter frame 12 on the Lie chair

which the Examiner mentions on passing certainly does not suggest

a cover member which deviates downwardly in contour below an inter-

ior shell member to define a hidden recess between the cover and the

shell. There is no such hidden recess in Lie and in fact, the chair

control member of Lie is largely visible when the chair is viewed in

profile (see Fig. 3 and Fig. 6).

 

In Fraser, the chair control mechanism is also clearly visible. There

is nothing comparable in Fraser to a shell which appears to be the

support for the seat, but which actually deviates in contour from

the real supporting shell to create a secret, hidden recess there-

between into which the chair control is secreted.

 

...

 

The concept of fixing the inner member to the support housing, allow-

ing the outer member to rotate when the tiltable mounting means is

tilted, and mounting the tiltable member mounting bracket on the

ends of the inner member between the ends of the outer member and

the housing rather than over the outer member, is not in any way

suggested by Pearson. Nor are the ear stops extending from the

tiltable mounting bracket to engage the top and bottom plates of

a spindle holder in any way remotely suggested by Pearson.

 

Further, such arrangement is not suggested by Lie. Lie relates

to an entirely different type of torsion control in which a torsion

bar is employed rather than inner and outer members with a rubber

pack therebetween. Further, the stop member employed by Lie does

not constitute ears projecting from the mounting bracket, but

rather constitutes a separate bracket secured to the tiltable

mounting bracket which has a flange extending between the top

and bottom members of the spindle holder.

 

   Nor is Fraser any more pertinent relative to the claimed de-

tails of the unique low profile control means of the present

invention. Fraser simply discloses an archaic coil spring

mechanism.

 

We have considered the prosecution of this application and the arguments

made at the Hearing. The issue which the Board must determine is whether

the application is directed to a patentable advance in the art, or conversely,

if it is obvious. Claim 1 of the application reads as follows:

 

   In an improved chair having a base, a seat member, and a control

means for controlling the tilt of at least a portion of said

chair, the improvement comprising: said seat member including

an internal shell and a molded plastic cover member for enclosing

at least the bottom portion of said shell; said control means being

secured to said shell and being operable independently of said

cover when mounted on said shell; said cover deviating downwardly

in contour below said shell defining a hidden recess between said

cover and said shell and enclosing said control means within

said hidden recess so that it is recessed within the underside

of said seat member to preclude its visual appearance when said

chair is viewed in profile; said downwardly deviating portions of

said cover defining an opening spaced from said shell through

which chair support means can pass; chair support means passing

through said opening and being operably connected to said shell.

 

The applicant contends that his chair is made attractive by the moulded

plastic cover which projects downwardly below the internal seat shell. He

states that the "employment of a cover member which actually deviates from

the contour of a hidden inner shell member to give the appearance that it

is the bottom of the chair, and which has nothing to do with the operation of

the chair control," is not suggested by the prior art.

 

Considering the Pearson patent, we find in column 1, line 45 ff., that "It is

a further object of the present invention to provide a chair of the type

described in which all the adjustments are made by mechanisms which are for

the most part concealed." Pearson's cover shell is of sufficient strength

to act as the seat support housing for the torsion anchoring member and the

chair spindle, whereas the applicant's cover shell is primarily for conceal-

ment and asthetic purposes. A contour view of Pearson (Fig. 1) reveals a

chair with a "soft appearance" similar to that contemplated by the applicant.

 

At the Hearing the applicant argued that he has a new concept in seat con-

struction. This concept involves a back support torsion control means

wherein the inner torsion member extends beyond the outer member. The

inner member is anchored to the support housing. According to the applic-

ant this arrangement produces a "low profile appearance", when used with

the cover member.

 

If we analyse the arrangement of the torsion control we find the following

components:

1) an inner tubular member (or inner sleeve),

2) an outer tubular member (or outer sleeve), and

3) a cylindrical rubber body positioned coaxially between (1) and (2).

The rubber body is in effect bonded to the surfaces so that relative rotat-

ional movement between 1 and 2 places it under torsional strain.

 

Figure 14 of Pearson is shown here to illustrate the torsion arrangement he

employs.

 

      <IMG>

 

The inner sleeve 20 is anchored to the chair by plates 17. A cylindrical

rubber torsion member is bonded to the inner sleeve 20 and outer sleeve 21.

Lever Arm 24 which carries the seat back is pivoted about the outer sleeve

on hubs 29. A torque arm 23 is fixed to sleeve 21 by a suitable bonding agent,

and a set screw through aperture 23(2) serves as the chair back tension

control.

 

It is the applicant's opinion that by mounting the back bracket member on

the extended ends of the inner tube he is able to keep these in the same

plane and obtain a lower profile. This would be true if there was no torque

arm required.  However, applicant's use of a torque arm sleeve around the

outer torque sleeve is similar to that shown in Pearson (23 in Figure 14).

Consequently since this torque arm sleeve is in a plane which surrounds

the outer torque sleeve, the profile contour will be governed by the size

of the torque arm sleeve. We can see no difference in the applicant's

arrangement and Pearson's in this respect.

 

Another feature which the applicant stresses as important to attain his

low profile is his use of a spindle holder that is in the same plane but

displaced horizontally from the torsion member. Lie's arrangement also

has the spindle holder spaced horizontally from his torsion unit. Similarly,

Pearson's spindle holder is horizontally adjacent to the torsion member and

provides the same desired effect as obtained by the applicant.

 

The applicant emphasized that his back mounting bracket has an ear which

projects past the torsion member and fits unto the slot of the spindle

holder to act as a stop. Pearson's back mounting bracket has two end pro-

jections similar to the applicant's ears which also serve to limit the

rotation of the member. Lie's chair uses a flanged bracket which engages

a plate to act as a limit stop. We find no novelty in applicant's stop

arrangement.

 

Claim 1, the only independent claim in the application, specifies that

the control means is secured to the seat shell, and is concealed by a cover

over the seat shell. Securing of the control means to the seat (as done by

the applicant) or to the cover (as done by Pearson) is not a result which

can be considered inventive. Any individual viewing the applicant's chair

in profile would be unaware of the the location of the chair control anchor-

age, just as he would if he viewed Pearson's chair.

 

All the remaining claims, which depend on claim 1, do not add any new or

patentable feature to claim 1.

 

In our view the structural variations in the claims are of the type re-

ferred to by Mr. Justice Maclean, in Niagara Wire Weaving v.Johnson Wire

Works Ltd. (1930 Ex. C.R, at 273:

 

   Small variations from, or slight modifications of, the

current standards of construction, in an old art, rarely

are indicative of invention; they are usually obvious im-

provements resulting from experience and them changing re-

quirements of users.

 

and at page 276:

 

   No step is disclosed there which could be described as in-

vention.  There is not, in my opinion, that distinction between

what was known before, and that disclosed ... that called for

that degree of ingenuity requisite to support a patent. If

those patents could be supported it would seriously impede

all improvements in the practical application of common knowledge.

 

In summary we are satisfied that the claims and the application as a whole

fail to disclose a patentable advance in the art. Any differences between

the alleged invention and the prior art are minimal. We recommend that

the decision in the Final Action be affirmed.

 

G.A. Asher

Chairman

Patent Appeal Board, Canada

 

Having considered the arguments of the applicant and the findings of the

Patent Appeal Board, I now reject the application. If any appeal under Sec-

tion 44 of the Patent Act is contemplated, it must be taken within six months

of the date of this decision.

 

J.H.A. Gariepy          

Commissioner of Patents

 

Dated at Hull, Quebec

this 13th. day of October, 1977

 

Agent for Applicant

Scott & Aylen

77 Metcalfe St.

Ottawa, Ont.

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