Ref. No POD/Application No/ 1523/DEL/2012 Date of Dispatch/ 04/05/2017

Transcription

1 Ref. POD/Application / 1523/DEL/2012 Date of Dispatch/ 04/05/2017 To KETAN SETHID-222, LAJPAT NAGAR-1, NEW DELHI ketansethi987@yahoo.co.in Subject: Examination report under sections 12 & 13 of the Patents Act, 1970 and the Patents Rules, Please find enclosed herewith an Examination Report in respect of the above mentioned application. This report is issued with reference to the request for examination dated 18/05/201 The instant application shall be deemed to have been abandoned under Section 21(1) of the Patents Act, 1970, unless all the requirements raisedin this report are complied within the period mentioned in para 1 above. You are advised to file thereply at the earliest for early disposal. Enclosed: As above GOUTAM PRASAD ROY Controller of Patents NOTE: This is an electronically generated report. All communications should be sent to the Controller of Patents at the above mentioned address. Examination Report Application Number 1523/DEL/2012 Page 1 of 7

2 Date of filing 18/05/2012 Date of priority - Date of PCT International Application - Applicant Agent KETAN SETHI Individual Request for Examination no. & date 4317/RQ-DEL/ /05/2012 Date of Publication 22/06/2012 This examination report consists of four parts, namely summary of the report, detailed technical report, formal requirements and documents on record. PART-I: SUMMARY OF THE REPORT Sl.. Requirements under the Act Claim Numbers Remarks velty Invention u/s 2(1)(j) Inventive step 1-10 Industrial Applicability 1-10 n-patentability u/s 3 (if yes, specify section3(a-p)) (f) 3. n-patentability u/s 4 4. Unity of invention u/s 10 (5) Sufficiency of disclosure u/s 10 (4) (Specify /) Reference to co-pending/foreign application(s) required (Specify /) 7. Claims [u/s 10(5) & 10(4) (c)] 1-10 Clarity / Conciseness Definitive 1-10 Page 2 of 7

3 Supported by description Scope Other requirement(s): 1)Inventive Method steps should be brought out in method claims., Otherwise method claim cannot be allowed. PART-II: DETAILED TECHNICAL REPORT A. List of documents cited: Sl.no A Details of Priority date documents Patent literature D1: CN U D2: US B2 D3: DE U1 Relevant description (page and Publication date paragraph no.) of cited document 01/02/ /05/ /07/2006 Para 0009, 0011; Fig 1 Column 2 Line 26 48; Fig. 17A - 17E Relevant claims Claims of of cited alleged document invention Claim 1, 2, 4 Claim 1-10 Claim 1, 19 Claim 1-10 Abstract; Fig. 4; Claim 1, 15 Claim 1-10 Para 0006 Relevant Sl.no Details of documents Priority date description (page and Publication date paragraph no.) of cited Relevant claims Claims of of cited alleged document invention document B n-patent literature Page 3 of 7

4 B. Detailed observations on the requirements under the Act: NOVELTY: (i) Claim(s) 1-10 lack(s) novelty, being anticipated in view of disclosure in the document cited above under reference D1: CN U for the following reasons: Document D1: CN U discloses: A utility model relates to the field of furniture, in particular to a multifunctional resting chair, which comprises a backrest, a left armrest, a right armrest and a lower cushion. The multifunctional resting chair is characterized in that the backrest is mounted at a posterior position above the front of the lower seat cushion, the left armrest and the right armrest are respectively mounted on the left side and the right side of the backrest above the lower cushion, a music player and a massager are mounted at the front of the backrest, and a touch screen computer is mounted right above the right armrest. The multifunctional resting chair is simple in structure, the music player can play sweet music, the massager can be used for removing fatigue and relaxing the body of a user, the touch screen computer mounted beside the right armrest not only can control playing of music and starting of the massager, but also can be used for reading books, watching movies, surfing the internet, playing games and the like by the user, and then the user can be relaxed. The multifunctional resting chair has the advantages of simplicity and convenience in operation and higher practicality and controllability. All the technical features of alleged invention are present in this document. In view of Document D1: CN U the subject matter of the alleged invention lacks novelty under Section 2(1)(j) of The Patents Act, 1970 [See Para 0009, 0011; Fig 1; Claim 1, 2, 4]. INVENTIVE STEP: (ii) Claim(s) 1-10 lack(s) inventive step, being obvious in view of teaching (s) of cited document(s) above under reference D1: CN U for the following reasons: Page 4 of 7

5 Document D2: US B2 discloses: A modulatedaudioeffects into the interior of human flesh, in particular to methods and apparatus inducing modulatedaudioeffects into the interior of human flesh, and their use. The modulatedaudioeffect into the interior of the human flesh is a product of this process. This effect is both pleasing and relaxing to the human, as it can vary with anaudiosignal being heard. The modulated power signal and the downconvertedaudiosignal are also products of this method. The modulated power signal can drive apparatus including the solenoids to create the modulatedaudioeffect. The down-convertedaudiosignal can be readily calculated and efficiently stored in a memory device. By way of example, assume that the down-convertedaudiosignal has a maximum frequency of 128 Herz (Hz) and that the signal is sample four times per Hz, for 512 samples per second. Contemporaryaudiofiles often have twoaudiochannels, so that an augmentedaudiofile including the downconvertedaudiosignal would gain less than one percent in size, but have a new and pleasurable effect which could be presented in not only hand held vibrating massagers, but alsofurniture, such aschairs, sofas,bedsand cushions [ See Column 2 Line 26 48; Fig. 17A - 17E; Claim 1, 19]. Document D3: DE U1 discloses: A piece offurniturefor sitting. In this way, a more function of seatingfurnitureis provided, with which not only is the conventional seat surface for a person is made available, but, furthermore, a targeted video - and / oraudioreproduction for the person on the seat surface is made possible. The supporting structural member, together with the seat component has mounted on the foot part and can in this way, as a constituent part of thechair, together with the base portion and the seat component has to be transported. Seat component and support form a unit, with the seat functionality andaudio- / video display - functionality as an integrated solution to be made available to. Thechairis, by means of individual design of the seat member and of the carrier component to different applications for video - can be adapted and / oraudio reproduction [ Abstract; Fig. 4; Para 0006; Claim 1, 15].The subject matter of the alleged invention lacks inventive step under Section 2(1)(ja) of The Patents Act, 1970 in view of D1 - D3. By combining these documents a person skilled in the art can come to the alleged invention. INDUSTRIAL APPLICABILITY: (iii) Claim(s) lack(s) industrial applicability for the following reasons: t Applicable NON PATENTABILITY: (iv) Claim(s) 1-10 are statutorily non-patentable under the provision of clause ([3(f)) of Section 3 for the following reasons: In view of Document D1: CN U Both the furniture and speaker / audio system are working independently and the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way is not allowed u/s 3(f) of The Patents Act, (v) Claim(s) are not allowable under section 4 of the Patents Act, t Applicable UNITY OF INVENTION: (vi) Claim(s) lack(s) unity of invention as the claims do not relate to a single invention or to a group of inventions linked so as to form a single inventive concept: t Applicable (vii) Claim(s) of the instant application conflict(s) with claim(s) of co-pending application no. Page 5 of 7

6 SUFFICIENCY OF DISCLOSURE: (viii) Claim(s) are not fairly based on the matter disclosed in the specification or not supported by the disclosure in the specification for the following reasons: t Applicable (ix) The complete specification does not fully and particularly describe the invention and its operation and the method by which it is to be performed in respect of: t Applicable (x) The specification does not disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection for the following reasons: t Applicable (xi) Abstract: 1. Abstract shall be commenced with the title of the invention in accordance with U/R 13(7)(a) of The Patents Rules, 2003 (as amended).2)reference numerals should be indicated in abstract.3) Reference to figure should be given on abstract in accordance with Rule 13 {7(d)} of The Patent Rules 2003(as amended). (xii) Title of Invention: Title of invention should be consistent with claim and description opening para. (xiii) Drawings are not prepared in accordance with the provisions of Rule 15 of the Patents Rules, 2003 for the following reasons: t Applicable (xiv) Information of source and geographical origin of biological material used in the invention: t Applicable (xv) Details of depositing the biological material to an International Depository Authority under the Budapest Treaty: t Applicable SCOPE: (xvi) Claim(s) 1-10 does/do not define the scope of invention for which the protection is claimed for the following reasons: Claims 1-10 do not contain any technical features which in combination with the features of any claim to which they refer, meet the requirements with respect to patentability as per The Patents Act Therefore, claim(s) should be prepared as per section 10(4)(c) of The Patents Act. CLARITY AND CONCISENESS: (xvii) Claim(s) are not clearly worded in respect of: Page 6 of 7

7 t Applicable DEFINITIVENESS: (xviii) Claim(s) do not sufficiently define the invention for the reasons as follows: t Applicable OTHERS REQUIREMENTS: (xix) 1. Principal claim should be characterized over the prior art. The relevant prior art documents known to the applicant should be identified in the description and the distinguishing features of the present application with reference to those prior art should be briefly discussed.3. The words 'comprising', 'further comprising' are not definite, such words should be deleted or amended from claims. 4. Reference numerals of important items should be included in claims within bracket for better clarity U/R 13(4) of The Patents Rules, 2003 (as amended). PART-III: FORMAL REQUIREMENTS Objections Format of Specification (rule 13) Format of Drawings Remarks CS page numbering should start from page 2 considering the title pagei.e. form-2 as page 1. and abstract as the last page of the specification. Drawings shall bear in the right hand bottom corner, the signature of the applicant or his agent in accordance with Rule 15 {6(iii)} of The Patent Rules 2003(as amended).2)it should contain the applicant name and application no. on the left top corner and sheet no and total sheets on the right top corner. Other Deficiencies Application number and date should be mentioned in form 3 and form 5. PART-IV: DOCUMENTS ON RECORD The examination report has been prepared based on the following documents: Request For Examination WITH REFERENCE NUMBER 4317/RQ-DEL/2012 FILLED ON 18 May 2012 Name of the Controller: GOUTAM PRASAD ROY te: Last date for filing response to the Examination Report: 04/11/2017 Page 7 of 7