Sunteți pe pagina 1din 128

Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 1 of 24

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK

:
KNOLL, INC., AND :
FORMWAY FURNITURE LIMITED :
: CIVIL ACTION NO. ______________
Plaintiffs, :
:
v. :
:
VIA, INC. :
:
Defendant. :
:
:

COMPLAINT FOR PATENT INFRINGEMENT

1. Plaintiffs Knoll, Inc. (“Knoll”) and Formway Furniture Limited (“Formway”)

(collectively referred to as “Plaintiffs”) by and through their undersigned counsel hereby assert

their Complaint against Defendant VIA Inc. and hereby alleges as follows:

NATURE OF THE ACTION

2. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. § 1 et seq.

THE PARTIES

3. Knoll is a corporation organized under the laws of the State of Delaware with a

number of places of business, including a place of business located at 1330 Avenue of the

Americas, New York, NY 10019 and a place of business located at 1235 Water St., East

Greenville, Pennsylvania 18041.

4. Knoll does business in New York and the Southern District of New York.

5. Formway is a corporation organized under the laws of New Zealand with a place

of business at 43b Seaview Road, Seaview, Lower Hutt. 5010 New Zealand.
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 2 of 24

6. Formway is the owner of U.S. Patent No. D613,084, a true and correct copy of

which is attached hereto as Exhibit A. Formway is also the owner of U.S. Patent No.

9,033,421, a true and correct copy of which is attached hereto as Exhibit B.

7. VIA, Inc. (also referred to herein as “VIA” and “Defendant”) is a Nevada

corporation that has its headquarters located at 205 Vista Boulevard, Sparks, Nevada 89434.

VIA promotes its products using the name “Via Seating.”

8. VIA does business in New York and the Southern District of New York.

9. VIA has personnel assigned to New York and the Southern District of New York

who are responsible for regularly working in this judicial district.

10. VIA has and/or operates at least one place of business located in New York, New

York and at least one place of business in this judicial district from which its personnel regularly

conduct business in New York and in this judicial district.

11. For example, VIA has a New York City showroom located at 1239 Broadway,

2nd Floor, New York, New York 10001.

12. VIA personnel regularly perform work at VIA’s New York City Showroom.

13. VIA regularly promotes its New York City Showroom as a place of business of

VIA on its website at the URL - https://viaseating.com/where-to-buy/showrooms/.

14. VIA personnel regularly work from its New York City Showroom and work to

support offers of sale and sales of product via its New York City Showroom.

15. VIA offers for sale, sells, distributes, makes, and/or imports office furniture into

the United States and this judicial district. This furniture includes VIA’s new GenieFlex chair.

2
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 3 of 24

JURISDICTION AND VENUE

16. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code.

17. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§

1331 and 1338.

18. VIA has and is engaged in business in New York, and the Southern District of

New York, including advertising and offering to sell its infringing GenieFlex chairs in this

judicial district, shipping said chairs directly or indirectly into or through New York including

through this judicial district, and having sold and/or participated in the sale of said chairs in this

judicial district.

19. VIA directly and/or through its coordinated distribution network regularly place

its GenieFlex chairs in the stream of commerce with the knowledge and/or understanding that

such products will be sold and used in this judicial district. VIA is subject to the general

jurisdiction of this Court because it has regular and systemic contacts with this forum such that

the exercise of jurisdiction over VIA will not offend the traditional notions of fair play and

substantial justice.

20. Further, this Court has personal jurisdiction over VIA because VIA has

established minimum contacts with the forum such that the exercise of personal jurisdiction

over VIA will not offend the traditional notions of fair play and substantial justice.

21. In addition, this Court has personal jurisdiction over VIA because VIA has

knowingly and actively engaged in acts that have infringed and will infringe and/or contribute,

induce, aid, and/or abet the direct infringement of claims of the U.S. Patent Nos. D613,084 and

9,033,421 in this judicial district.

3
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 4 of 24

22. Venue is proper pursuant to 28 U.S.C. § 1400(b) because VIA has committed acts

of infringement in this judicial district, do business in this judicial district, and have at least one

regular and established place of business in this judicial district. See e.g. In re Cray Inc. 871

F.3d 1355, 1366, 2017 WL 4201535, *5-6 (Fed. Cir. 2017).

23. For example, as alleged herein, VIA has at least one physical, geographical

location in this judicial district from which the business of VIA is carried out. This place of

business is a regular and established place of business in which VIA operates in a steady,

uniform, orderly, and methodical manner in connection with its operations in New York. For

example, VIA’s New York City showroom is a place of business of VIA in this judicial district

from which VIA engages in its business operations and offers to sell and sells products that

infringe U.S. Patent Nos. D613,084 and 9,033,421. VIA actively promotes its New York City

showroom as its place of business on its website (e.g. https://viaseating.com/where-to-

buy/showrooms/) and, by use of its “where to buy” webpage of its website, promotes the fact that

VIA’s products, including the GenieFlex chair, are available for purchase from VIA at its New

York City showroom.

24. For example, VIA states that “No picture can possibly compare to testing out a

chair for yourself. Schedule an appointment at one of Via Seating’s major showrooms” and lists

its New York City showroom as such a location at which an appointment for testing out of a

chair and purchase of the chair can occur on its website at https://viaseating.com/where-to-

buy/showrooms.

25. On information and belief, Michael Malone, VIA’s Eastern United States area

sales manager, regularly visits VIA’s New York City showroom, regularly performs business

4
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 5 of 24

activities on behalf of VIA at this physical location in this judicial district, and regularly engages

in sales related activities on behalf of VIA at its New York City showroom.

FACTUAL BACKGROUND

26. Knoll develops, sells, markets, and supports furniture, including office furniture.

Knoll is famous throughout the world for its design and development of furniture, which

includes iconic chairs such as Knoll’s Barcelona chair, the Womb chair, and many other iconic,

well known articles of furniture.

27. Formway has been designing furniture for more than five decades. Formway’s

designs are informed by insight gained through the observation and consideration of human

behavior.

28. Formway owns U.S Patent No. D613,084 (“the ‘084 patent”) and U.S. Patent No.

9,033,421 (“the ‘421 patent”). The ‘084 patent lawfully issued on April 6, 2010. The ‘421

patent lawfully issued on May 19, 2015.

29. Knoll has an exclusive license to the ‘421 patent and the ‘084 patent. Under its

license with Formway, Knoll makes and sells its ReGeneration by Knoll® chair throughout the

United States.

30. Formway worked with Knoll to design the ReGeneration by Knoll® chair for

manufacture, distribution and sale.

5
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 6 of 24

31. An illustrative picture of a ReGeneration by Knoll® chair having armrests is

shown below:

32. VIA is a developer, manufacturer, distributor, and importer of a wide variety of

furniture products, including chairs.

33. VIA makes and sells a newly introduced line of GenieFlex chairs.

34. The GenieFlex chairs are shown in VIA showrooms and are promoted as being a

substitute to the ReGeneration by Knoll® chair. The GenieFlex chair was included in an exhibit

in the VIA showroom at the trade show referred to as NeoCon that took place in the Chicago

Merchandise Mart located in Chicago, Illinois in June of 2019. The GenieFlex chair is also

shown, offered for sale, and sold at VIA’s New York City showroom.

6
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 7 of 24

35. Below is an image of VIA’s GenieFlex chair. VIA’s GenieFlex chair looks

almost identical to the ReGeneration by Knoll® chair:

36. VIA’s GenieFlex chair has an ornamental appearance that is substantially similar

to the ornamental appearance of the design shown, described and claimed in the ‘084 patent.

37. Consumers of chairs are likely to be confused into thinking that VIA’s GenieFlex

chair is the chair shown, described, and claimed in the ‘084 patent.

38. An ordinary observer, familiar with prior art to the ‘084 patent, would be

deceived into thinking that VIA’s GenieFlex chair was the same as the patented design claimed

in the ‘084 patent. Egyptian Goddess, Inc. v. Swisa, Inc. 543 F.3d 665, 677-78 (Fed. Cir. 2008).

39. VIA’s GenieFlex chair is advertised, marketed, and offered for sale by VIA in

New York, in this judicial district and throughout the United States.

40. For example, VIA offers to sell, sells, offer to distribute, and distributes the

GenieFlex chair to the following dealers located in New York:

a. Gibson Interior Products; and

b. MRA Contract.

41. VIA personnel are also actively involved in work regularly and continuously

performed in this judicial district in at least one location within this judicial district. For

7
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 8 of 24

example, on information and belief VIA personnel visit and work at the VIA New York City

showroom to offer its products for sale, sell its products and provide support for its products.

42. The work performed by VIA personnel at the VIA New York City showroom

occurs in this judicial district and is performed in a steady, uniform, orderly, and methodical

manner in connection with VIA’s operations at a VIA location within this judicial district.

43. At least through the regular and continuous business activities of employees of

VIA and VIA having at least one physical location in this judicial district by which VIA engages

in regular and continuous business in this judicial district that relate to the offering of sale, and

sale of furniture (e.g., office chairs, the GenieFlex chair, etc.).

44. At least through the regular and continuous business activities of employees,

managers, and officers of VIA that take place in New York and in this judicial district, VIA has

at least one physical location located in New York and this judicial district at which VIA

engages in regular and continuous business in New York and in this judicial district. VIA’s

New York place of business is a regular and established place of business in which VIA

operates in a steady, uniform, orderly, and methodical manner in connection with its operations

and VIA specifically holds its New York City showroom location out to customers and

potential customers as its place of business (e.g. https://viaseating.com/where-to-

buy/showrooms/).

45. On information and belief, the regular and continuous business activities that take

place in New York and in this judicial district are based out of VIA’s physical location in New

York and within this judicial district. These regular and continuous business activities include

making sales calls, having business meetings, showing samples of new products, distribution of

product literature and corporate literature, developing business, pricing, marketing, and

8
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 9 of 24

distribution strategies, overseeing implementation of the developed business, developing

marketing, pricing, and distribution strategies, and performing other work in connection with

supporting VIA’s products and dealers located within this judicial district. This regular and

continuous work is performed in a steady, uniform, orderly, and methodical manner in support

of VIA business objectives, dealer contractual arrangements VIA has with their dealers and

contractual arrangements VIA has with corporate customers in connection with the sale and

distribution of its furniture products in this judicial district and throughout New York and the

United States. The work is performed by VIA managerial personnel, employees and agents in

this judicial district (and include utilization of VIA property, sales literature, product samples,

and other materials owned by VIA). This work is regularly and continuously performed in

New York and in this judicial district consistent with the corporate policies and procedures of

VIA.

THE ’084 PATENT AND DEFENDANT’S KNOWLEDGE OF THIS PATENT

46. On April 6, 2010, the ’084 patent entitled “CHAIR” was duly and legally issued

by the United States Patent and Trademark Office.

47. A true and correct copy of the ’084 patent is attached as Exhibit A to this

Complaint.

48. Formway is the assignee and owner of the right, title, and interest in and to the

‘084 patent. Knoll is the exclusive licensee to the ‘084 patent.

49. The ‘084 patent has a single claim that says “The ornamental design for a chair, as

shown and described.”

50. Knoll practices the claimed invention of the ‘084 patent by making and selling its

ReGeneration by Knoll® chairs.

9
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 10 of 24

51. Knoll also marks its ReGeneration by Knoll® chairs that are covered by the ‘084

patent with the ‘084 patent to give public notice that the ‘084 patent covers the ReGeneration

by Knoll® chair design.

52. VIA had knowledge of the ‘084 patent at least through Knoll’s marking of its

ReGeneration by Knoll® chairs.

53. On information and belief, VIA also had actual knowledge of the ‘084 patent

during development of the GenieFlex Chair and knew the ‘084 patent protected Knoll’s

Regeneration by Knoll® chair before the GenieFlex chair was included in an exhibit at the

NeoCon tradeshow in June of 2019.

54. On information and belief, VIA designed the GenieFlex chair to mimic the design

of the ReGeneration by Knoll® chair to develop, make, and sell a chair that would compete

with the ReGeneration by Knoll® chair so that the GenieFlex chair would have the same look

to ordinary consumers of chairs as the ReGeneration by Knoll® chair, but would have a lower

price point for competition with the ReGeneration by Knoll® chair. On information and belief,

these actions were done to try and take market share away from Knoll’s ReGeneration by

Knoll® chair with a chair that had substantially the same ornamental appearance as Knoll’s

ReGeneration by Knoll® chair.

55. VIA has continued to offer to sell, make and sell its GenieFlex chair knowing that

this chair infringes the ‘084 patent.

56. For instance, VIA has had actual notice of the ‘084 patent since at least August 1,

2019 and has continued to sell its infringing GenieFlex chair in spite of this actual knowledge.

Provided herewith as Exhibit C is a letter sent to VIA that provided VIA with this actual notice.

10
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 11 of 24

57. VIA has willfully, deliberately, and intentionally continued to infringe the claim

of the ‘084 patent at least by using, offering to sell, selling, distributing, offering to distribute,

and making its GenieFlex chair in reckless disregard of the claim of the ’084 patent.

58. VIA’s infringement of the ‘084 patent has created irreparable injury to Plaintiffs.

THE ’421 PATENT AND DEFENDANT’S KNOWLEDGE OF THIS PATENT

59. On May 19, 2015 the ’421 patent entitled “CHAIR, A SUPPORT, AND

COMPONENTS” was duly and legally issued by the United States Patent and Trademark Office.

60. A true and correct copy of the ’421 patent is attached as Exhibit B to this

Complaint.

61. Formway is the assignee and owner of the right, title, and interest in and to the

‘084 patent. Knoll is the exclusive licensee to the ‘421 patent.

62. The ‘421 patent has 14 claims directed to a chair.

63. Knoll practices the claimed invention of the ‘421 patent by making and selling its

ReGeneration by Knoll® chairs.

64. Knoll also marks its ReGeneration by Knoll® chairs that are covered by the ‘421

patent with the ‘421 patent to give public notice that the ‘421 patent covers the ReGeneration by

Knoll® chair design.

65. VIA had knowledge of the ‘421 patent at least through Knoll’s marking of its

ReGeneration by Knoll® chairs.

66. On information and belief, VIA also had actual knowledge of the ‘421 patent

during development of the GenieFlex Chair and knew the ‘421 patent protected Knoll’s

Regeneration by Knoll® chair before the GenieFlex chair was included in an exhibit at the

NeoCon tradeshow in June of 2019.

11
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 12 of 24

67. On information and belief, VIA designed the GenieFlex chair to mimic the design

of the ReGeneration by Knoll® chair to develop, make, and sell a chair that would compete with

the ReGeneration by Knoll® chair so that the GenieFlex chair would have the same look to

ordinary consumers of chairs as the ReGeneration by Knoll® chair, but would have a lower price

point for competition with the ReGeneration by Knoll® chair. On information and belief, these

actions were done to try and take market share away from Knoll’s ReGeneration by Knoll® chair

with a chair that had substantially the same ornamental appearance as Knoll’s ReGeneration by

Knoll® chair.

68. VIA have continued to offer to sell, make and sell its GenieFlex chair knowing

that this chair infringes the ‘421 patent.

69. For instance, VIA has had actual notice of the ‘421 patent since at least August 1,

2019 and has continued to sell its infringing GenieFlex chair in spite of this actual knowledge.

Provided herewith as Exhibit C is a letter sent to VIA that provided VIA with this actual notice.

70. A claim chart showing where each limitation of claim 12 of the ‘421 patent can be

found in VIA’s GenieFlex chair is provided below:

12
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 13 of 24

Claim 12 GenieFlex Chair

12. A chair comprising:


chair

a seat portion;

seat portion

a back portion comprising a one-piece frame


of unitary construction having an upper upper transverse member
side members
transverse member at an upper portion
thereof, and a lower transverse member at a
lower portion thereof, the upper transverse
member being positioned a greater vertical
distance from the seat portion than the lower
transverse member, the one-piece frame of
unitary construction further comprising at
least two spaced apart side members
extending between and connecting to the
upper transverse member and to the lower
transverse member with the upper and lower
transverse members extending between the
two spaced apart side members, each side
member having an inner edge and an outer
edge, wherein the inner edges of the side
members face towards each other and the
outer edges of the side members face away lower transverse member
from each other,
back portion

13
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 14 of 24

each side member being generally L-shaped


in cross-section and having a front face that side members
faces a seated occupant in use, and a flange
positioned at the outer edge of the side
member, the flange extending at least a
major portion of the length of the side
member and in a direction generally flange
rearwardly from the front face,

enlarged
view
below

flange

14
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 15 of 24

wherein each side member comprises a


plurality of attachment features comprising attachment features
hook features on a forward facing surface of
the side member, the hook features
comprising an upright that extends in a enlarged
forward direction from a portion of the side view
member and an overhang connected to the below
upright and spaced from said portion of the
side member, wherein the overhang extends
in a direction that is transverse to the
forward direction away from the inner edge
of the side member toward the outer edge of
the side member;

hook features

upright

overhang

15
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 16 of 24

and a compliant support surface comprising


a plurality of elongate vertical members and
a plurality of elongate horizontal members
extending between and supported by the
side members, wherein at least some of the
elongate vertical members are engaged with
the hook features between the elongate
horizontal members, the compliant support
surface being disposed directly against the
front face of the side members.

compliant support surface

71. VIA has known its GenieFlex chair includes all the limitations of at least claim 12

of the ‘421 patent since at least August 1, 2019.

72. VIA has willfully, deliberately, and intentionally continued to infringe at least one

claim of the ‘421 patent at least by using, offering to sell, selling, distributing, offering to

distribute, and making its GenieFlex chair in reckless disregard of the claims of the ’421 patent.

73. VIA’s infringement of the ‘421 patent has created irreparable injury to Plaintiffs.

COUNT I: INFRINGEMENT OF THE ’084 PATENT

74. Plaintiffs restate and reallege the foregoing allegations as if fully stated herein.

75. In violation of 35 U.S.C. § 271(a), VIA has directly and continue to directly

infringe, both literally and under the doctrine of equivalents, the ‘084 patent by making, using,

offering for sale, selling, distributing and/or importing the chairs that practice and therefore

infringe the subject matter in the claim of the ‘084 patent throughout the United States and

within this judicial district without authority of Knoll or Formway.

16
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 17 of 24

76. In violation of 35 U.S.C. § 271(b) and (c) VIA has indirectly infringed and

continues to indirectly infringe the claim of the ‘084 patent, within this judicial district and

throughout the United States without authority of Knoll and without authority of Formway by

actively inducing its customers’ infringement of the ‘084 patent with knowledge of the ’084

patent and by contributing to the infringement of such patent by selling at least the GenieFlex

chair to customers for their possession and use.

77. The GenieFlex chair infringes the claim of the ‘084 patent. This chair is made,

marketed, distributed, sold and/or offered for sale by VIA throughout the United States and in

this judicial district. This chair include each and every feature of the claim of the ‘084 patent.

78. The GenieFlex chair has an ornamental appearance that is substantially similar to

the ornamental appearance of the chair design shown, described and claimed in the ‘084 patent.

79. Consumers of chairs are likely to be confused into thinking that the GenieFlex

chair is the chair shown, described, and claimed in the ‘084 patent.

80. An ordinary observer, familiar with prior art to the ‘084 patent, would be

deceived into thinking that VIA’s GenieFlex chair was the same as the patented design claimed

in the ‘084 patent. Egyptian Goddess, Inc. v. Swisa, Inc. 543 F.3d 665, 677-78 (Fed. Cir. 2008).

81. Plaintiffs have been, and continue to be, damaged and irreparably harmed by

VIA’s infringement, which will continue unless the Court enjoins that infringement and for

which there is no adequate remedy at law.

82. Plaintiffs under 35 U.S.C. §§ 284 and/or 289, are entitled to recover damages

adequate to compensate for VIA’s infringement.

83. The infringement of the ‘084 patent by VIA has been, and continues to be,

deliberate, willful, and knowing.

17
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 18 of 24

84. The Court should declare this an exceptional case under 35 § U.S.C. 285, entitling

Plaintiffs to recover treble damages and attorneys’ fees.

85. Pursuant to 35 U.S.C. § 287, the filing of this action constitutes notice to VIA of

its infringement of the ‘084 patent.

COUNT II: INFRINGEMENT OF THE ’421 PATENT

86. Plaintiffs restate and reallege the foregoing allegations as if fully stated herein.

87. In violation of 35 U.S.C. § 271(a), VIA has directly and continue to directly

infringe, both literally and under the doctrine of equivalents, the ‘421 patent by making, using,

offering for sale, selling, distributing and/or importing the chairs that practice and therefore

infringe the subject matter in at least one claim of the ‘421 patent throughout the United States

and within this judicial district without authority of Knoll or Formway.

88. In violation of 35 U.S.C. § 271(b) and (c) VIA has indirectly infringed and

continues to indirectly infringe at least one claim of the ‘421 patent, within this judicial district

and throughout the United States without authority of Knoll and without authority of Formway

by actively inducing its customers’ infringement of the ‘421 patent with knowledge of the ’421

patent and by contributing to the infringement of such patent by selling at least the GenieFlex

chair to customers for their possession and use.

89. The GenieFlex chair infringes at least one claim of the ‘421 patent. This chair is

made, marketed, distributed, sold and/or offered for sale by VIA throughout the United States

and in this judicial district. This chair include each and every feature of at least claim 12 of the

‘421 patent.

90. VIA’s “GenieFlex” chair clearly utilizes a back skin attachment innovation

incorporated in the ReGeneration by Knoll® chair that is protected by the ‘421 patent. In fact,

18
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 19 of 24

the back skin/back frame attachment mechanism used in the “GenieFlex” chair appears to be a

direct copy of the attachment mechanisms shown in Figures 33a-34e of the ‘421 patent. At least

claim 12 of the ‘421 patent is infringed by the GenieFlex chair.

91. To help further illustrate the clear infringement of this patent, below is a chart

comparing claim 12 of the ‘421 patent to the GenieFlex chair, which illustrates where each and

every limitation of claim 12 is present in the GenieFlex chair.

Claim 12 GenieFlex Chair

12. A chair comprising:


chair

a seat portion;

seat portion

19
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 20 of 24

a back portion comprising a one-piece frame


of unitary construction having an upper upper transverse member
side members
transverse member at an upper portion
thereof, and a lower transverse member at a
lower portion thereof, the upper transverse
member being positioned a greater vertical
distance from the seat portion than the lower
transverse member, the one-piece frame of
unitary construction further comprising at
least two spaced apart side members
extending between and connecting to the
upper transverse member and to the lower
transverse member with the upper and lower
transverse members extending between the
two spaced apart side members, each side
member having an inner edge and an outer
edge, wherein the inner edges of the side
members face towards each other and the
outer edges of the side members face away
from each other,
lower transverse member

back portion

each side member being generally L-shaped


in cross-section and having a front face that side members
faces a seated occupant in use, and a flange
positioned at the outer edge of the side
member, the flange extending at least a
major portion of the length of the side
member and in a direction generally flange
rearwardly from the front face,

enlarged
view
below

flange

20
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 21 of 24

wherein each side member comprises a


plurality of attachment features comprising attachment features
hook features on a forward facing surface of
the side member, the hook features
comprising an upright that extends in a enlarged
forward direction from a portion of the side view
member and an overhang connected to the below
upright and spaced from said portion of the
side member, wherein the overhang extends
in a direction that is transverse to the
forward direction away from the inner edge
of the side member toward the outer edge of
the side member;

hook features

upright

overhang

21
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 22 of 24

and a compliant support surface comprising


a plurality of elongate vertical members and
a plurality of elongate horizontal members
extending between and supported by the
side members, wherein at least some of the
elongate vertical members are engaged with
the hook features between the elongate
horizontal members, the compliant support
surface being disposed directly against the
front face of the side members.

compliant support surface

92. Plaintiffs have been, and continue to be, damaged and irreparably harmed by

VIA’s infringement, which will continue unless the Court enjoins that infringement and for

which there is no adequate remedy at law.

93. Plaintiffs under 35 U.S.C. §§ 284 and/or 289, are entitled to recover damages

adequate to compensate for VIA’s infringement.

94. The infringement of the ‘421 patent by VIA has been, and continues to be,

deliberate, willful, and knowing.

95. The Court should declare this an exceptional case under 35 § U.S.C. 285, entitling

Plaintiffs to recover treble damages and attorneys’ fees.

96. Pursuant to 35 U.S.C. § 287, the filing of this action constitutes notice to VIA of

its infringement of the ‘421 patent.

22
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 23 of 24

DEMAND FOR JURY TRIAL

97. Plaintiffs demand a trial by jury under Rules 38 and 39 of the Federal Rules of

Civil Procedure for all issues triable by jury.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs requests that the Court grant the relief requested in the Prayer

for Relief below.

(a) That Defendant be adjudged to have infringed, contributed to, and/or induced the

infringement of the claims of the ‘084 patent and the ‘421 patent;

(b) That Defendant be adjudged to have engaged in willful infringement of the ‘084

patent and the ‘421 patent;

(c) That Plaintiffs be awarded damages for infringement of the ‘084 patent and the

‘421 patent, including damages adequate to compensate Plaintiffs for Defendant’s past

infringement of the ‘084 patent and the ‘421 patent including lost profits, Defendant’s

profits, a reasonable royalty, or other monetary relief available under 35 U.S.C. §§ 284

and/or 289 and for any continuing or future infringement through the date such judgment is

entered, including interest, costs, expenses, and an accounting of all infringing acts including,

but not limited to, those not presented at trial (35 U.S.C. §§ 284 and 289);

(d) That Defendant pay an ongoing royalty in an amount to be determined for any

continued infringement of the ‘084 patent and the ‘421 patent after the date the judgment is

ordered;

(e) That this case be declared an exceptional case under 35 U.S.C. § 285;

(f) That Plaintiffs’ damages be trebled pursuant to 35 U.S.C. § 284;

23
Case 1:19-cv-07895 Document 1 Filed 08/22/19 Page 24 of 24

(g) That Plaintiffs’ be awarded its attorneys’ fees and costs pursuant to 35 U.S.C. §

285;

(h) That this Court permanently enjoin Defendant, their officers, directors, principals,

agents, servants, employees, successors, assigns, affiliates, and all that are in active concert

or participation with Defendant, or any of them, from further infringement of the ‘084 patent

and the ‘421 patent and that Defendant be permanently enjoined from infringing these

patents and from making, using, selling, offering to sell, or distributing the Defendant’s

infringing chairs;

(i) That Plaintiffs be awarded pre- and post-judgment interest on all damages;

(j) That Plaintiffs be awarded all its costs and expenses in this action; and

(k) That Plaintiffs be awarded such further and other relief as the Court may deem

just and proper.

Dated: Aug. 22, 2019 BUCHANAN INGERSOLL & ROONEY PC

s/Christopher J. Dalton
Christopher J. Dalton, Esq.
BUCHANAN INGERSOLL & ROONEY PC
550 Broad Street, Suite 810
Newark, New Jersey 07102

Ralph G. Fischer (pro hac vice pending)


BUCHANAN INGERSOLL & ROONEY PC
One Oxford Center
301 Grant Street, 20th Floor
Pittsburgh, Pennsylvania 15219-1410

Attorneys for Plaintiffs, Knoll, Inc. and Formway


Furniture Limited

24
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 1 of 16

EXHIBIT A
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 2 of 16
US00D613084S

(i2) United States Design Patent ao) Patent no.: US 0613,084 S


Wilkinson et al. (45) Date of Patent: ** Apr. 6, 2010

(54) CHAIR 4.502.729 A 3/1985 Locher


4.575,150 A 3/1986 Smith
(75) Inventors: Paul Michael Wilkinson, Wellington 4,652.049 A 3/1987 Maruyama et al.
(NZ); Kent Wallace Parker, Lower Hutt 4,717,203 A 1/1988 Meiller
4,830,432 A 5/1989 Fuhrmann et al.
(NZ)
4,890,886 A 1/1990 Opsvik
4,911,501 A 3/1990 Decker etal.
(73) Assignee: Formway Furniture Limited. 5.035,466 A 7/1991 Mathews et al.
Wellington (NZ) 5,046,780 A 9/1991 Decker etal.
5.114,211 A 5/1992 Desanta
(**) Term: 14 Years 5,121,934 A 6/1992 Decker etal.
5,238,294 A 8/1993 Ishi et al.
(21) Appl.No.: 29/338,434
(Continued)
(22) Filed: Jim. 11,2009 FOREIGN PATENT DOCUMENTS
AU 323224 S 12/2008
(30) Foreign Application Priority Data
(Continued)
Dec. 12.2008 (NZ) .......................................... 411733
Primary Examiner Mimosa De
(51) LOC (9) Cl......................................................... 06-01 (74) Attorney. Agent, or Firm—Workman Nydegger
(52) U.S. Cl............................................................. 1)6/366
(58) Field of Classification Search ......... D6/334-336, (57) CLAIM
D6/.364. .365. 366. 367. 369. 374. 379. 380,
D6/498. 500-502: 297/284.4. 411.28. 452.15, The ornamental design for a chair, as shown and described.
297/452.21, 452.29. 452.3, 452.31,452.46
See application file for complete search history. DESCRIPTION
FIG. 1 is a perspective view of a chair showing our new
(56) References Cited design;
U.S. PATENT DOCUMENTS FIG. 2 is a front elevational view thereof;
FIG. 3 is a rear elevational view thereof;
2,787.315 A 4/1957 Siebert
2,916,084 A 12/1959 Bottemillcr et al. FIG. 4 is a right side elevational view thereof;
3.681.792 A 8/1972 Korber FIG. 5 is a left side elevational view thereof:
3,722,955 A 3/1973 Trotman
3,813,073 A 5/1974 Mohr etal. FIG. 6 is a top plan view thereof;
3.929,374 A 12/1975 Hogan et al. FIG. 7 is a perspective view of an alternative embodiment of
4,032,190 A 6/1977 Miiller-Deisig et al.
the chair shown in FIG. 1;
4,040,611 A 8/1977 Hogan et al.
4.084.850 A 4/1978 Ainbasz FIG. 8 is a front elevational view thereof;
4,119,343 A 10/1978 Pentzien FIG. 9 is a rear elevational view thereof;
4,143,916 A 3/1979 Trotman et al.
4.183,494 A 1/1980 Cleveland FIG. 10 is a right side elevational view thereof;
4,340,250 A 7/1982 Ward FIG. 11 is a left side elevational view thereof; and,
4,361,357 A 11/1982 Pollock
4,411.468 A 10/1983 Apissomian FIG. 12 is a top plan view thereof.
4.469,738 A 9/1984 Himelreich, Jr.
D276.576 S * 12/1984 Helmholdt ............ D6/.366 1 Claim, 12 Drawing Sheets
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 3 of 16

US 0613,084 S
Page 2

U.S. PATENT DOCUMENTS 6,880,886 B2 4/2005 Bodnar et al.


6,899,398 B2 5/2005 Coffield
D345.470 S 3/1994 Narila 6.905.171 B2 6/2005 Knoblock et al.
5,409.295 A 4/1995 Edstrom 6,908,159 B2 6/2005 Prince et al.
5,577,804 A 11/1996 Tedesco 6.910.736 B2 6/2005 White
5.599.064 A 2/1997 Vanderminden, Sr. 6.910,741 B2 6/2005 Fooiitt
5.649.739 A 7/1997 /apf 6.913,315 B2 7/2005 Ball et al.
5,671,972 A 9/1997 Tedesco 6,955,402 B2 10/2005 VanDeRiet et al.
5,700.060 A 12/1997 Bullard el al. 6.957,863 B2 10/2005 Heidmann et al.
5,769.492 A 6/1998 Jensen D511,418 S * 11/2005 Breen .............................. D6/366
5,795.026 A 8/1998 Dral el al. 6.959,965 B2 11/2005 Diffrient
5,802.643 A 9/1998 Sloot 6.966.606 B2 11/2005 Coffield
5.887.946 A 3/1999 Raftery 6,979,059 Bl 12/2005 Coni in
5,899.530 A 5/1999 Tedesco 6,979,984 B2 12/2005 Penier et al.
5.909.923 A 6/1999 DcKraker 6,981,743 B2 1/2006 Edwards ct al.
5.934.758 A 8/1999 Ritch et al. 6.994,400 B2 2/2006 Koepke et al.
5,967,610 A 10/1999 Lin 7,014,269 B2 3/2006 Coffield et al.
D416,406 S 11/1999 Donati 7,055,911 B2 6/2006 Simpson et al.
5.979.984 A 11/1999 DeKraker et al. 7,059.682 B2 6/2006 Caruso et al.
6.029.962 A 2/2000 Shorten et al. 7.066.537 B2 6/2006 Coffield et al.
D423.261 S * 4/2000 Ritch et al.............. D6/500 7.066.538 B2 6/2006 Machael ct al.
6.059,368 A 5/2000 Slumpfet al. 7,066,546 B2 6/2006 Trego et al.
6,079.782 A 6/2000 Berget al. 7.070,727 B2 7/2006 Calhoun et al.
D433.257 S 11/2000 Chen 7.096.549 B2 8/2006 Coffield
6.213.553 B1 4/2001 Fitz 7.114,777 B2 10/2006 Knoblock et al.
D445.580 S 7/2001 Pennington et al. 7.131,700 B2 11/2006 Knoblock et al.
0466,397 S 8/2001 Pennington et al. 7.147,285 B2 12/2006 Lin
6.279.998 B1 8/2001 Chu et al. 7.165,811 B2 1/2007 Bodnar et al.
6.318.800 B1 11/2001 DeKraker 7.234,774 B2 6/2007 Heidmann et al.
6,349.992 B1 2/2002 Knoblock et al. 7,264.311 B2 9/2007 Heidmann
6.357.827 B1 3/2002 Brightbill et al. 7,270.378 B2 9/2007 Wilkerson et al.
6.367.877 B1 4/2002 Knoblock et al. D571,568 S * 6/2008 Overthun et al.................. D6/366
6.382.719 B1 5/2002 Heidmann et al. D600.051 S * 9/2009 Parker etal....................... D6/502
6,386,634 Bl 5/200? Strnnpf el al. 2002/0109384 Al 8/2002 Hansen
6.394.545 B2 5/2002 Knoblock el al. 2002/0158492 Al 10/2002 Ko et al.
6.394.546 Bl 5/2002 Knoblock el al. 2003/0085601 Al 5/2003 Hudswell et al.
6.394.548 Bl 5/2002 Battey et al. 2003/0127901 Al 7/2003 Lovato
6.394.549 Bl 5/2002 DeKraker et al. 2003/0178882 Al 9/2003 Schmitz ct al.
0460.300 S 7/2002 Fifield et al. 2004/0012237 Al 1/2004 Horiki et al.
6.439.665 Bl 8/2002 Cvek 2004/0183350 Al 9/2004 Schmitz et al.
0463.144 S 9/2002 Pennington et al. 2004/0245840 Al 12/2004 Tubergcn et al.
6.460.928 B2 10/2002 Knoblock et al. 2004/0245841 Al 12/2004 Peterson et al.
0467,452 S 12/2002 Lee 2005/0017557 Al 1/2005 Caruso et al.
6,523.898 Bl 2/2003 Ball et al. 2006/0001303 Al 1/2006 Raftery et al.
0471.024 S * 3/2003 Chadwick el al. ... D6/366 2006/0006715 Al 1/2006 Chadwick et al.
6.536.841 Bl 3/2003 Pearce et al. 2006/0071523 Al 4/2006 Stumpf et al.
6.572.190 B2 6/2003 Koepke et al. 2006/0091714 Al 5/2006 Schmitz ct al.
0476.820 S * 7/2003 Nagamitsu ........... D6/366 2006/0091715 Al 5/2006 Schmitz et al.
6.588.842 B2 7/2003 Stumpf et al. 2006/0103208 Al 5/2006 Schmitz et al.
6.588.843 Bl 7/2003 Ebenstein 2006/0226691 Al 10/2006 Bedford et al.
6.598.251 B2 7/2003 Habboub et al. 20080291712 Al 11/2008 Parker et al.
6,605.332 B2 8/2003 Calhoun et al. 2009/0085388 Al 4/2009 Parker et al.
6,609.755 B2 8/2003 Koepke et al.
6,609.760 Bl 8/2003 Matern et al, FOREIGN PATENT DOCUMENTS
6.616.228 B2 9/2003 Heidmann
6.623.079 B2 9/2003 Gregoiy AU 323225 S 12/2008
6.644.741 B2 11/2003 Nelson et al. AU 323226 S 12/2008
6.669,292 B2 12/2003 Koepke et al. DE 23 40 919 Al 2/1975
6.669.301 Bl 12/2003 Funk et al. DE 4137 488 Al 6/1992
6.672.669 B2 1/2004 Chu et al. DE 41 14 101 Al 11/1992
6.685.268 B2 2/2004 Meyer DE 196 10 714 Al 9/1997
6.687.933 B2 2/2004 Habboub etal. DE 200 06 038 U1 6/2000
6,698,833 B2 3/2004 Ball et al. DE 199 08 592 Cl 11/2000
6.702.390 B2 3/2004 Stumpf et al. DE 203 15 179 U1 1/2004
6.722.740 B2 4/2004 Stumpf et al. DE 10 2005 016 198 Al 10/2006
6.726,285 B2 4/2004 Caruso et al. EP 0 107 627 Bl 1/1986
6.729.691 B2 5/2004 Koepke et al. EP 0 482 439 Bl 4/1992
6.733.080 B2 5/2004 Stumpf et al. EP 0 433 099 Bl 5/1994
0495.537 S 9/2004 Fu EP 0 589 834 Bl 4/1996
6,802.566 B2 10/2004 Prince et al. EP 0721751 Bl 8/2000
6,817,667 B2 11/2004 Pennington el al. EP 0 850 005 Bl 11/2003
6.840.582 B2 1/2005 Burwell et al. EP 1 616 504 A2 1/2006
6.869.142 B2 3/2005 Heidmann ct al. EP 1 621 108 Al 2/2006
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 4 of 16

US 0613,084 S
Page 3

EP 1408 794 Bl 9/2006 WO WO 98/16140 4/1998


GB 2 212 392 A1 7/1989 WO WO 99/44475 9/1999
GB 2 347 853 A1 9/2000 WO WO 99/58022 11/1999
GB 2 412 576 A1 10/2005 WO WO 03/055674 A1 7/2003
JP 8-24083 1/1996 WO WO 03/103455 A1 12 2003
JP 2001-245748 9/2001 WOWO 2005/030007 A1 4/2005
JP 2003-189965 7/2003 WOWO 2006/110227 A2 10 2006
JP 2003-189966 7/2003 WOWO 2007/110729 A2 10 2007
JP 2006-218047 8/2006 WOWO 2007/110737 A2 10/2007
SG D2008/978/J 10/2008 WOWO 2007/133458 A2 11/2007
SG D2008/980 E 10/2008 WOWO 2007/142448 A1 12 2007
SG D2008/981 A 10/2008 WOWO 2008/041868 A3* 4/2008
WO WO 92/12657 8/1992
WO WO 93/03652 3/1993 * cited by examiner
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 5 of 16

U.S. Patent Apr. 6, 2010 Sheet 1 ofl2 US D613,084 S

FIG. 1
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 6 of 16

U.S. Patent Apr. 6, 2010 Sheet 2 of 12 US D613,084 S

FIG. 2
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 7 of 16

U.S. Patent Apr. 6, 2010 Sheet 3 of 12 US D613,084 S

FIG. 3
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 8 of 16

US. Patent ^P»-. 6,2010


Sheet 4 of 12
US D613,084S

FIG. 4
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 9 of 16

U.S. Patent Apr. 6,2010 Sheet 5 of 12 US D613,084 S

FIG. 5
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 10 of 16

U.S. Patent Apr. 6, 2010 Sheet 6 of 12 US D613,084 S

FIG. 6
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 11 of 16

U.S. Patent Apr. 6, 2010 Sheet 7 of 12 US D613,084 S

Fig. 7
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 12 of 16

U.S. Patent Apr. 6, 2010 Sheet 8 of 12 US D613,084 S

o
Fig. 8
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 13 of 16

U.S. Patent Apr. 6, 2010 Sheet 9 of 12 US D613,084 S

Fig. 9
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 14 of 16

U.S. Patent Apr. 6, 2010 Sheet 10 of 12 US D613,084 S

Fig. 10
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 15 of 16

US D613,084 S
Sheet 11 ofl2
Apr- 6, 2010
U.s. Patent
Case 1:19-cv-07895 Document 1-1 Filed 08/22/19 Page 16 of 16

U.S. Patent Apr. 6, 2010 Sheet 12 of 12 US D613,084 S

Fig. 12
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 1 of 61

EXHIBIT B
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 2 of 61
US009033421B2

(12) United States Patent (io) Patent No.: US 9,033,421 B2


Wilkinson et al. (45) Date of Patent: May 19, 2015

(54) CHAIR. A SUPPORT, AND COMPONENTS (58) F'ield of Classification Search


USPC ............... 297/452.3.452.26.452.56.452.63.
(75) Inventors: Paul Michael Wilkinson, Wellington 297/452.64. 440.11
(NZ); Kent Wallace Parker. Lower Mutt See application file for complete search history.
(NZ): Peter Alan Tierney, Upper Hull
(NZ); Lyall Douglas Stewart, Porirua (56) References Cited
(NZ); Gregory William Baum. Kapiti
(NZ) U.S. PATENT DOCUMENTS

3.197,789 A * 8/1965 Ashkouti ............................ 5/HO


(73) Assignee: Formway Furniture Limited. Lower 3,235,308 A 2/1966 Conner
Hutt (NZ)
(Continued)
(*) Notice: Sub ject to any disclaimer, the term of this
patent is extended or adjusted under 35 FOREIGN PATENT DOCUMENTS
U.S.C. 154(b) by 429 days. CA 975281 9/1975
CA 1001966 12/1976
(21) Appl. No.: 13/133,347
(Continued)
(22) PCT Filed: Dec. 11,2009 OTHER PUBLICATIONS
(86) PCX No.: PCT/NZ2009/000282 PCT/NZ2009 000282. May 4. 2010. International Search Report.
§371 (c)(1), (Continued)
(2), (4) Date: Oct. 4, 2011
Primary Examiner David E Allred
(87) PCT Pub. No.: WO2010/068122 (74) Attorney, Agent, or Firm — Workman Nydegger
PCT Pub. Date: Jun. 17, 2010
(57) ABSTRACT
(65) Prior Publication Data A chair has a seat support (101), a seat portion (13), a back
US 2012/0025574 Al Feb. 2. 2012 portion (15). and a supporting frame. The supporting frame is
formed by a castored base (11), a height adjustment mecha­
Related U.S. Application Data nism (17), and a main transom (21). The seat portion (13) is
selectively moveable relative to the supporting frame, with
(60) Provisional application No. 61/122.283. filed on Dec. the seat portion having a locked configuration and a released
12. 2008. configuration. The back portion has a back frame (25) and a
compliant cover (61). Hie back frame has hook features for
(51) Int. Cl.
receiving a portion of the compliant cover (61). The back
A47C 7/02 (2006.01)
portion (15) is reclinable relative to the supporting frame
A47C7/00 (2006.01)
between an upright position and a reclined position. A recline
(Continued) mechanism has deformable members operatively connecting
(52) U.S. Cl. the seat portion and the supporting frame. A recline resistance
CPC ........... A47C 7/004 (2013.01); Y10T29/49826 mechanism is selectively engageable to resist movement of
(201.3.01); A47C 7/282 (2013.01); the back portion toward the reclined position.

(Continued) 14 Claims, 49 Drawing Sheets


Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 3 of 61

US 9,033,421 B2
Page 2

(51) Int.CI. 6,910,741 B2 6/2005 Footitt


A47C7/2S (2006.01) 6,955,402 B2 10/2005 VanDeRiet et al.
6,979.059 Bl 12/2005 Conlin
A47C1/03 (2006.01) 6,983,997 B2 * 1/2006 Wilkerson et al.......... 297/452.56
A47C7/14 (2006.01) 7,055,911 B2 * 6/2006 Simpson el al............. 297/440.11
A47C7/40 (2006.01) 7,066,538 B2 6/2006 Machaeletal.
7.147.285 B2 12/2006 Lin
A47C.il/02 (2006.01)
7,425,039 B2 * 9/2008 Lin ........................... 297/452.56
A47C1/032 (2006.01) 7.604,299 B2 10/2009 Su
A47C7/16 (2006.01) 7,647,714 B2 1/2010 Coffield etal.
(52) U.S. Cl. 7,730,594 B2 * 6/2010 Hsiao ............................ 24/265 C
8,109,576 B2 * 2/2012 Lin ............................ 297/452.56
CPC .. A47C 7/16 (2013.01); A47C1/03 (2013.01); 8.297,708 B2 * 10/2012 Mizobataetal............ 297/452.56
A47C 7/14 (2013.01); A47C 7/40 (2013.01); 2002/0038843 Al 4/2002 Footitt etal.
A47C31/02 (2013.01); A47C1/03255 2002/0109384 Al 8/2002 Hansen
(2013.01); A47C 1/03277 (2013.01); A47C 2003/0168901 Al * 9/2003 Wilkerson et al.......... 297 452.56
2004/0183356 Al *' 9/2004 Philippot et al............ 297/452.18
1/03200 (2013.01) 2004 0245839 Al * 12/2004 Bodnar etal................ 297/452.63
2005/0022357 Al* 2/2005 Coffield et al...................... 29/448
(56) References Cited 2005/0029848 Al 2/2005 Heidmann et al.
2005/0046254 Al 3/2005 Knoblock ct al.
U.S. PATENT DOCUMEN TS 2005/0146193 Al* 7/2005 Shieh ......................... 297/440.11
2005/0206209 Al 9/2005 Schweikarth ct al.
3,709,559 A 1/1973 Rowland 2006 0071521 Al 4/2006 Davis
4,119,343 A 10/1978 Penlzien 2006/0138849 Al* 6/2006 Wilkerson et al.......... 297/452.56
4,183.494 A 1/1980 Cleveland 2006/0192420 Al* 8/2006 Haimoff..................... 297/440.11
4,340.250 A 7/1982 Ward 2007/0102987 Al * 5/2007 Chen .......................... 297/452.56
4.411,468 A 10/1983 Apissomian 2007/0152488 Al 7/2007 York etal.
4,575,150 A 3/1986 Smith 2007/0170756 Al* 7/2007 Kang ........................... 297/218.5
4.743.065 A 5/1988 Meilleretal. 2007/0278840 Al* 12/2007 Wang ......................... 297440.11
4,790,598 A 12/1988 Locher 2009/0085388 Al * 4/2009 Parker etal....................... 297/311
4.911.501 A 3/1990 Decker etal. 2010/0133732 Al* 6/2010 Yamaguchi ct al........... 267/140.4
5.046,780 A 9/1991 Decker etal. 2010/0133893 Al* 6/2010 Rafteryctal................ 297/452.63
5,069,496 A 12/1991 Kunhetal. 2010/0259089 Al* 10/2010 Mizobataetal............ 297/452.56
5.090,770 A 2/1992 Heinrichs et al.
5,114,211 A 5/1992 Desanta FOREIGN PATENT DOCUMENTS
5,121,934 A 6/1992 Decker ct al.
5,338,091 A * 8/1994 Miller ........................ 297/218.4 CN 200189002 Y 2/2009
5.409.295 A 4/1995 Edstrom DE 29601154 5/1997
5,439,271 A * 8/1995 Ryan........................ 297/452.56 DE 202005005947 9/2005
5.599.064 A 2/1997 Vandcrmindcn. Sr. EP 0065116 11/1982
5.645.321 A * 7/1997 Seroldi .................... 297/452.63 EP 0107627 5/1984
5,755.488 A 5/1998 Bcdaetal. EP 0801913 10/1997
5.806,930 A 9/1998 Knoblock GB 2150426 7/1985
5,899.530 A 5/1999 Tedesco JP 10286142 10/1998
5,934,758 A 8/1999 Ritch et al. JP 2003250649 9/2003
5,979,984 A 11/1999 DeKraker et al.
JP 2004049687 12/2004
5.984,567 A 11/1999 Gollin et al. JP 2006087618 4/2006
6,059,368 A 5/2000 Stumpfetal. JP 2006218047 8/2006
6,152,534 A * 11/2000 Maedaetal................ 297/452.56 JP 2008206766 9/2008
6,168.236 B1 1/2001 Chen JP 2008229384 10/2008
6,193,313 B1 2'2001 Jonsson WO WO 83/00610 3/1983
6.315,364 Bl* 11/2001 Fujita et al................ 297/452.56 WO 99/21456 5/1999
6,349,992 Bl 2/2002 Knoblock etal. WO 03/051157 6/2003
6,375,269 Bl 4/2002 Maedaetal. WO 2005/047057 5/2005
6.378.949 Bl * 4/2002 Maedaetal.............. 297/452.56 WO 2006/092205 9/2006
6,394.548 Bl * 5/2002 Battey et al.................... 297/342
WO 2007108862 9/2007
6.439,665 Bl 8/2002 Cvek WO 2007/120371 10/2007
6.543.843 Bl 4/2003 Moilanen WO WO 2007/110729 10/2007
6.550,866 Bl * 4/2003 Su ............................ 297/452.42 WO WO 2007/110732 10/2007
6.588.843 Bl 7/2003 Ebenstein WO 2008/041868 4/2008
6,669,292 B2 12/2003 Koepke et al. WO WO 2008041868 A2 * 4/2008 ............... A47C 7/46
6.669,301 Bl 12/2003 Funk etal. WO 2008/084113 7/2008
6,702,390 B2 * 3/2004 Stumpfet al............. 297/452.56 WO 2008/124071 10/2008
6,722,741 B2 * 4/2004 Stumpfetal............... 297/452.3
6.733.080 B2 * 5/2004 Stumpf et al............. 297/411.36 OTHER PUBLICATIONS
6.742.843 B2 6/2004 Golynsky
6,817,667 B2 11/2004 Pennington el al. PCT/NZ2009/000282. May 4, 2010. Written Opinion.
6,880,886 B2 4/2005 Bodnar etal.
6.899.398 B2* 5/2005 Coffield ................... 297/452.56 * cited by examiner
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 4 of 61

U.S. Patent May 19, 2015 Sheet 1 of 49 US 9,033,421 B2

201

FIGURE 1
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 5 of 61

U.S. Patent May 19, 2015 Sheet 2 of 49 US 9,033,421 B2

FIGURE 2
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 6 of 61

U.S. Patent May 19, 2015 Sheet 3 of 49 US 9,033,421 B2

1010

FIGURE 3a
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 7 of 61

U.S. Patent May 19, 2015 Sheet 4 of 49 US 9,033,421 B2

FIGURE 3b
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 8 of 61

U.S. Patent May 19, 2015 Sheet 5 of 49 US 9,033,421 B2

FIGURE 3c
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 9 of 61

Sheet 6 of 49 US 9,033,421 B2
U.S. Patent May 19, 2015

45b

FIGURE 3d
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 10 of 61
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 11 of 61

U.S. Patent May 19, 2015 Sheet 8 of 49 US 9,033,421 B2

FIGURE 4
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 12 of 61

U.S. Patent May 19, 2015 Sheet 9 of 49 US 9,033,421 B2

FIGURE 5
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 13 of 61

U.S. Patent May 19, 2015 Sheet 10 of 49 US 9,033,421 B2

FIGURE 6
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 14 of 61

U.S. Patent May 19, 2015 Sheet 11 of 49 US 9,033,421 B2

FIGURE 7
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 15 of 61

FIGURE 8a
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 16 of 61

U.S. Patent May 19, 2015 Sheet 13 of 49 US 9,033,421 B2

FIGURE 8b

FIGURE 8c
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 17 of 61

U.S. Patent May 19, 2015 Sheet 14 of 49 US 9,033,421 B2

93a

FIGURE 8d
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 18 of 61

U.S. Patent May 19, 2015 Sheet 15 of 49 US 9,033,421 B2

FIGURE 8f
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 19 of 61

U.S. Patent May 19, 2015 Sheet 16 of 49 US 9,033,421 B2

FIGURE 9a
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 20 of 61
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 21 of 61

U.S. Patent May 19, 2015 Sheet 18 of 49 US 9,033,421 B2

FIGURE 10a

315d

315c
315b

FIGURE 10b
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 22 of 61

U.S. Patent May 19, 2015 Sheet 19 of 49 US 9,033,421 B2

FIGURE 10c

FIGURE 11
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 23 of 61

U.S. Patent May 19, 2015 Sheet 20 of 49 US 9,033,421 B2

FIGURE 12a

FIGURE 12b

358
FIGURE 12c
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 24 of 61

U.S. Patent May 19, 2015 Sheet 21 of 49 US 9,033,421 B2

FIGURE 13a

FIGURE 13b
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 25 of 61

U.S. Patent May 19, 2015 Sheet 22 of 49 US 9,033,421 B2

FIGURE 14a

FIGURE 14b
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 26 of 61

U.S. Patent May 19, 2015 Sheet 23 of 49 US 9,033,421 B2

FIGURE 15a

FIGURE 15b
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 27 of 61

FIGURE 16a FIGURE 16b


Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 28 of 61

U.S. Patent May 19, 2015 Sheet 25 of 49 US 9,033,421 B2

FIGURE 16c
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 29 of 61

FIGURE 17a FIGURE 1


Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 30 of 61

U.S. Patent May 19, 2015 Sheet 27 of 49 US 9,033,421 B2

\
\
\
\
\

FIGURE 18a

205

201
FIGURE 18b
204
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 31 of 61

U.S. Patent May 19, 2015 Sheet 28 of 49 US 9,033,421 B2

FIGURE 19a
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 32 of 61

U.S. Patent May 19, 2015 Sheet 29 of 49 US 9,033,421 B2

222

FIGURE 19b
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 33 of 61

U.S. Patent May 19, 2015 Sheet 30 of 49 US 9,033,421 B2

215
D20b

217

FIGURE 20a FIGURE 20b

209

D21b 207a

217

FIGURE 21a FIGURE 21b


Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 34 of 61

U.S. Patent May 19, 2015 Sheet 31 of 49 US 9,033,421 B2

FIGURE 22
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 35 of 61

U.S. Patent May 19, 2015 Sheet 32 of 49 US 9,033,421 B2

FIGURE 24
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 36 of 61

U.S. Patent May 19, 2015 Sheet 33 of 49 US 9,033,421 B2

37b

35b

FIGURE 25

FIGURE 26
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 37 of 61

U.S. Patent May 19, 2015 Sheet 34 of 49 US 9,033,421 B2

co

FIGURE 28
03

CO
FIGURE 27
CN
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 38 of 61

U.S. Patent May 19, 2015 Sheet 35 of 49 US 9,033,421 B2

FIGURE 29

SI

FIGURE 31 FIGURE 32
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 39 of 61
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 40 of 61

U.S. Patent May 19, 2015 Sheet 37 of 49 US 9,033,421 B2

FIGURE 33c

FIGURE 33e
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 41 of 61
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 42 of 61

U.S. Patent May 19, 2015 Sheet 39 of 49 US 9,033,421 B2

FIGURE 34c

FIGURE 34e
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 43 of 61
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 44 of 61

U.S. Patent May 19, 2015 Sheet 41 of 49 US 9,033,421 B2

FIGURE 37 FIGURE 38
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 45 of 61

US 9,033,421 B2
Sheet 42 of 49
May 19,2015
U.s. Patent

409

417

FIGURE 39a

Aftt 409

FIGURE 39b

FIGURE 39d 405


Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 46 of 61

U.S. Patent May 19, 2015 Sheet 43 of 49 US 9,033,421 B2

FIGURE 40 405

FIGURE 41

405

FIGURE 42
408c

407a
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 47 of 61

U.S. Patent May 19, 2015 Sheet 44 of 49 US 9,033,421 B2

FIGURE 43

FIGURE 44
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 48 of 61
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 49 of 61

U.S. Patent May 19, 2015 Sheet 46 of 49 US 9,033,421 B2

Ast

FIGURE 47

FIGURE 48
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 50 of 61

U.S. Patent May 19, 2015 Sheet 47 of 49 US 9,033,421 B2

FIGURE 49
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 51 of 61

U.S. Patent May 19, 2015 Sheet 48 of 49 US 9,033,421 B2

FIGURE 50a
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 52 of 61

U.S. Patent May 19, 2015 Sheet 49 of 49 US 9,033,421 B2

FIGURE 50b FIGURE 50c

17
11
FIGURE 50d
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 53 of 61

US 9,033,421 B2
1 2
CHAIR, A SUPPORT, AND COMPONENTS moveable in a forward and rearward direction relative to the
seal support, with the seat portion having a locked configu­
FIELD OF THE INVENTION ration in which forward and rearward movement of the seat
portion relative to the seat support is minimised or prevented
Aspects of the invention relate generally to chairs and 5 and a released configuration in which forward and rearward
associated components. More particularly, although not movement of the seat portion relative to the seat support is
exclusively, some aspects of the invention relate to office enabled, and the seat portion is adjustable from the locked
chairs. An alternative aspect of the invention relates to a configuration to the released configuration by raising a for­
support. ward portion of the seat portion relative to the seat support;
10 and a back portion for supporting the back of a sealed occu­
BACKGROUND TO THE INVENTION pant when in a normal forward oriented seated position on the
seat; wherein one of the seat support and the seat portion
Traditionally, reclining chairs have required a large num­ comprises rails, and the other of the seat support and the seat
ber of separate interacting parts to provide reclining motion. portion comprises members that slidably receive the rails, and
The chairs often have a plurality of actuators to be gripped by 15 the members and rails are a closer fit toward a rear portion of
a user to enable the chair to be adjusted. For example, the the seat portion than toward a forward portion of the seat
chairs may require separate actuators for adjusting the height portion, to provide sufficient movement between the forward
of the seat, the depth position of the seat, and recline of the portion of the seat portion and the seat support to enable the
back. Having a plurality of actuators can make the chairs seat portion to be adjusted to the released configuration.
difficult to adjust, and often require an occupant to visually 20 Preferably, the seat portion is configured such that the
inspect the actuators before they are able to make a desired raising of the forward portion of the seat portion causes the
adjustment. Otherwise, the occupant may adjust an incorrect seat portion to tilt rearwardly.
actuator. Preferably, the members comprise left and right channels,
With increasing environmental awareness, there is a desire with the left and right channels receiving respective rails.
to make office furniture more environmentally friendly. There 25 Alternatively, the members could comprise separate mem­
has been a move toward using recyclable materials in chairs. bers. with the seat portion or seat support comprising a rear
1 lowever, only discrete portions of chairs incorporate recy­ left member, a front left member, a rear right member, and a
clable materials, and those materials are generally only used front right member, with the left members configured to
for some components whereas other components use non- receive a left rail and the right members configured to receive
recyclable materials or materials of different types. The result 30 a right rail.
is that substantial disassembly or separation is required prior Preferably, the chair comprises bearing members that pro­
to recycling, which results in high labour costs and a reduced vide a sliding interface between the members and the rails.
likelihood of the components being recycled. The bearing members preferably comprise liners made of a
There is an increasing use of polymeric materials in chair suitable material, such as nylon. Acetal, or polyester for
components. However, those chair components often need to 35 example. The chair preferably comprises two front bearing
be large items with complex strengthening webs to provide members and two rear bearing members, with the front bear­
sufficient strength in the components. That results in high ing members providing a sliding interface between the mem­
material usage. bers and rails toward the forward portion of the seat portion
Some supports of chairs have a frame and a cover attached and the rear bearing members providing a sliding interface
to the frame. To attach the cover to the frame, separate com­ 40 between the members and rails toward the rear portion of the
ponents or fasteners are generally required, such as screws or seat portion.
attachment strips for example. There is generally a significant The bearing members may be mounted to the members or
labour cost involved in that attachment, as well as extra mate­ to the rails, and may slidably engage the other ofthe members
rial or component costs. and the rails. Preferably, the bearing members are mounted to
It is an object of at least preferred embodiments of the 45 the seat portion. Preferably, the seat portion comprises the
present invention to provide a chair that addresses at least one members and the seat support comprises the rails: however,
of the disadvantages outlined above, or that at least provides the seat portion could comprise the rails and the seat support
the public with a useful choice. It is an alternative object of at could comprise the members.
least preferred embodiments of the present invention to pro­ The chair may further comprise at least one biasing device
vide a support that has a secure connection between the frame 50 to minimise play between the forward portion of the seat
and cover, or that at least provides the public with a useful portion and the seat support. Preferably, the chair comprises
choice. It is an alternative object of at least preferred embodi­ two front bearing members, and each front bearing member
ments of the present invention to provide a chair component comprises an integrally formed biasing device to bias the
that addresses at least one of the disadvantages outlined forward portion of the seat portion downwardly relative to the
above, or that at least provides the public with a useful choice. 55 seat support, to bias the seat portion into the locked configu­
ration.
SUMMARY OF THE INVENTION The seat support may be a fixed part of a supporting frame,
and may for example be integrally moulded with a remainder
The temi “comprising” as used in this specification means of the supporting frame. Alternatively, the seat support may
“consisting at least in part of’. When interpreting each state­ 60 be moveable relative to a supporting frame, and the chair
ment in tins specification that includes the term "comprising”, comprises a recline mechanism configured to move the seat
features other than that or those prefaced by the term may also portion upon a reclining action of the back portion. Prefer­
be present. Related terms such as “comprise" and “com­ ably. the recline mechanism comprises a deformable member
prises” are to be interpreted in the same manner. operatively connecting a portion of the seat support and the
In accordance with a first aspect of the present invention, 65 supporting frame, with the recline mechanism configured
there is provided a chair comprising: a seat support; a seat such that as the back portion of the chair is reclined, the
portion for supporting an occupant and that is selectively deformable member deforms.
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 54 of 61

US 9,033,421 B2
3 4
In one embodiment, one of the seat portion and the seat puller member applies a rearward pulling action which causes
support comprises a projection, and the other of the seat the seat portion to move and the front and rear deformable
portion and the seat support comprises a plurality of engage­ members to deform.
ment features for the projection, with the projection config­ Preferably, the front deformable members have a convex
ured to engage with one of the engagement features when the 5 curvature relative to a position beneath the front deformable
seal portion is in the locked configuration, the projection members.
further configured to not engage with any of the engagement The pulling action preferably causes the seat portion to lift
features when the seat portion is in the released configuration. and move rearwardly. The pulling action may cause the seat
The engagement features can comprise any suitable type, portion to increase in rearward tilt angle as it lifts and moves
10 rearwardly. Alternatively, the angle of the seat may not
such as a plurality of recesses or apertures for example. The
change.
chair may comprise a plurality of projections configured to
The puller member may also be deformable.
engage with the engagement features when the seat portion is
One or more of: the rear deformable member, the puller
in the locked configuration. Preferably, the chair comprises a member, and the lower deformable member: may extend
plurality of projections, with two of the projections config­ 15 transversely to a forward direction ofthe chair. Preferably, the
ured to engage with the engagement features, when the seat puller member and the lower deformable member, extend
portion is in the locked configuration. Preferably, the projec­ transversely to a forward direction of the chair.
tions are provided on the seat support and the engagement Preferably, one or more of: the front deformable members,
features are provided on the seat portion. the rear deformable member, the puller member, and the
Preferably, the chair comprises two groups of engagement 20 lower deformable member; is formed of an elastomeric mate­
features that are each selectively eugageable with at least one rial. One or more of: the rear deformable member, the puller
respective projection when the seat portion is in the locked member, and the lower deformable member; may be an elas­
configuration. Preferably, the two groups of engagement fea­ tomeric panel. The or each elastomeric panel may extend
tures are each selectively engageable with two respective substantially the width of a main transom of the supporting
projections when the seat portion is in the locked configura­ 25 frame. The elastomeric material may comprise rubber, or an
tion. Preferably, the projections are provided on the seat sup­ elastomeric polymer such as a thermoplastic polyurethane
port and the engagement features are provided on the seat elastomer (TPU) or a nylon elastomer for example. Most
portion. preferably, the polymeric material is HYTREL, which is a
Preferably, the projections and engagement features are thermoplastic polyester elastomer available from Du Pont.
offset toward respective sides of the chair from a centre of the 30 The front and rear deformable members may be pre-moul-
chair, so that at least one projection remains in engagement ded with an inherent curvature. For example, in a relaxed
with an engagement feature, if the seat portion is in a locked slate, the front and rear deformable members may have a
configuration and side loading is applied to the seat portion. sinuous configuration. Forward movement of the seat as an
The seat portion may comprise an indicator to indicate the occupant sits on the seat portion, or rearward movement of the
portion of the seat portion that should be raised to move the 35 seat as an occupant reclines the back of the chair by leaning
seat portion to the released configuration. The indicator may back, may cause the front and rear deformable members to
be a visual indicator, a tactile indicator, or a combination initially straighten from the sinuous configuration.
thereof. Preferably, the indicator comprises a tactile indicator. Alternatively, the front and rear deformable members may
Preferably, the tactile indicator is provided on the underside be substantially planar in the relaxed state. This configuration
of the front of the seat portion, and comprises a recess to 40 is preferred, as the chair will not require recline springs. A
receive a plurality of a user’s fingers to enable the user to seated occupant’s body weight, along with any loading pro­
reach under and lift the front of tile seat portion. The visual vided by the deformable members, may provide sufficient
indicator may be provided in a front or upper surface of the resistance to oppose the reclining of the back portion. The
seat portion. front and/or rear deformable members may be provided with
In accordance with a second aspect of the present inven­ 45 one or more shaped faces.
tion. there is provided a chair comprising: a support ing frame; One or more stops is/are preferably provided to support the
a seat portion for supporting an occupant; a back portion for weight of the seated occupant on the seat portion via the
supporting the back of a seated occupant; and a recline supporting frame when the back portion is not being reclined.
mechanism configured to move the seat portion upon a reclin­ Therefore, the front and rear deformable members may be
ing action of the back portion, the recline mechanism com­ 50 substantially unloaded when the back portion is not undergo­
prising a rear deformable member operatively connecting a ing a reclining action.
relatively rearward portion of the seat portion and the sup­ Preferably, the chair further comprises two stops to at least
porting frame, two front deformable members operatively partly support the weight of the seated occupant on the seat
connecting a relatively forward portion ofthe seat portion and portion via the supporting frame when the back portion is not
the supporting frame, a lower deformable member opera­ 55 being reclined, wherein the stops are elongate members hav­
tively connecting a lower part of the back portion and the ing a forward portion to support the seat portion and a rear
supporting frame, and a puller member above the lower portion operatively connected to the supporting frame, and
deformable member, wherein the front deformable members wherein the stops extend predominantly in a forward-rear­
are elongate members having a forward portion operatively ward direction of the chair but diverge from their rear portions
connected to the seat portion and a rear portion operatively 60 to their forward portions.
connected to the supporting frame, and the two front deform­ Preferably, the stops have a convex curvature relative to a
able members extend predominantly in a forward-rearward position beneath the stops.
direction of the chair but diverge from their rear portions to Preferably, the stops are positioned adjacent the front
their forward portions such that the forward portions are deformable members. Preferably, the stops are positioned
spaced further apart than the rear portions, the recline mecha­ 65 inwardly of the front deformable members.
nism configured such that as the back portion of the chair is In a preferred embodiment, the supporting frame com­
reclined, the lower deformable member deforms and the prises a transom mounted to a height adjustment mechanism.
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 55 of 61

US 9,033,421 B2
5 6
and the configuration of the stops directs loading from a tapers engage such that a spacing is provided between the first
seated occupant toward the height adjustment mechanism. stop and the second stop, with the first stop configured to
At least two of the deformable members may form an engage with the second stop if the member moves down­
integrally moulded structure. For example, the lower deform­ wardly relative to the castored base after an extended period
able member and puller may form an integrally moulded 5 of time.
structure. Part of the integral structure may comprise a mem­ file stops may be in any suitable form. In one form, file first
ber that interconnects the rear ends of the lower deformable stop comprises a shoulder near the upper end of the taper of
member and the puller. In a preferred form, the front deform­ the member, and the second stop comprises a shoulder near
able members, rear deformable member, and lower deform­ the upper end of the taper of the castored base. Alternatively,
able member fonn an integrally moulded structure. That inte­ 10 the first stop may comprise a bottom surface of the member,
grally moulded structure may be over-moulded onto a main and the second stop may comprise a base member in the
transom of the chair. internal tapered cavity of the castored base.
Hie lower deformable member and puller may form an Preferably, the portion of the castored base comprising the
integrally moulded structure with the rear deformable mem­ tapered cavity is a recyclable polymeric material, and file
ber. As an alternative, the lower deformable member and 15 member is adapted to be mounted directly to said portion of
puller, and the front and rear deformable members, may all the castored base. Preferably, the material is a recyclable
form an integrally moulded structure. polymeric material.
In a preferred embodiment, the seat portion is supported by Preferably, the kit further comprises a pair of arm rests.
a seat support, and the seat portion is selectively moveable in Preferably, the ami rests form part of the first component.
a forward and rearward direction relative to the supporting 20 Preferably, the second component is mountable to the first
frame, with the seat portion having a locked configuration in component, the fourth component is mountable to the third
which forward and rearward movement relative to the sup­ component, and the first component is mountable to the
porting frame is minimised or prevented and a released con­ fourth component, without the use of tools.
figuration in which forward and rearward movement relative Preferably, the first component comprises an actuator for
to the supporting frame is enabled, and wherein the seat 25 use by a seated occupant to adjust the height of the height
portion is adjustable from the locked configuration to the adjustment mechanism, and the actuator self-adjusts to a
released configuration by raising a forward portion ofthe seat desired position relative to the height adjustment mechanism
portion. The upper end of tile front deformable members and when the first component is mounted to the fourth compo­
the upper end of the rear deformable member may be con­ nent.
nected to the seat support. 30 Preferably, the second component comprises a seal panel
A forward end of the puller may be connected to the seat and a plurality ofsupports that support the seat panel from the
portion, seat support, or upper part of the rear deformable seal support when the second component is mounted to the
member. first component, and the seat panel and supports are a single
The recline mechanism preferably comprises two spaced injection moulded polymeric component. Alternatively, the
apart front deformable members, with their forward ends 35 seat panel may be attached to the supports by suitable features
positioned at or toward respective sides of the seat portion. such as clips for example. In one embodiment, the second
The recline mechanism preferably also comprises two spaced component further comprises a cushion mounted to the seat
apart rear deformable members, positioned at or toward panel and a cushion cover, with thecushion and cushion cover
respective sides of the seat portion. comprising recyclable polymeric materials.
Preferably, the front deformable members and the rear 40 Preferably, substantially the entire first component, sub­
deformable member(s) are configured to defonn into a gen­ stantially the entire second component, and substantially the
erally sinuous shape as the back portion of file chair is entire third component, comprise one or more recyclable
reclined. polymeric materials.
In accordance with a third aspect of the present invention, Preferably, the chair, once assembled, can be disassembled
there is provided a kit of parts for assembling a chair, the kit 45 by separating the second component from the first compo­
comprising: a first component comprising a transom, recline nent. separating the first component from the fourth compo­
mechanism, seat support, and back portion; a second compo­ nent, and separating the fourth component from the third
nent comprising a seat portion; a third component comprising component, such that substantially the entire chair can be
a castored base; and a fourth component comprising a height recycled. Preferably, the components can be separated with­
adjustment mechanism; wherein the first, second, third, and 50 out the use of tools or using standard hand tool(s).
fourth components can be assembled into a chair by an end In accordance with a fourth aspect of the present invention,
user by mounting the fourth component to the third compo­ there is provided a method of assembling a chair from a kit of
nent, mounting the first component to the fourth component, parts as outlined in relation to the third aspect above, the
and mounting the second component to the first component. method comprising:
The first, second, third, and fourth components will each 55 mounting the fourth component to the third component;
preferably be pre-assembled or pre-formed components, with mounting the first component to the fourth component, and
the four components being provided separately in the kit. mounting the second component to the first component.
Preferably, the height adjustment mechanism comprises a The step of mounting the second component to the first
member having an external taper that converges from an component may be undertaken prior to mounting the first
upper end of the taper to a lower end of the taper, file member 60 component to the fourth component. The step ofmounting the
having a first stop, and the castored base comprises an internal first component to the fourth component is undertaken prior
tapered cavity for receiving the external taper of the member, to mounting the fourth component to the third component.
the internal taper converging from an upper end of the taper to However, the steps are preferably carried out in the order
a lower end of the taper, and the castored base comprises a outlined above.
second stop near the upper end of the taper, and the member 65 Preferably, the height adjustment mechanism comprises a
and castored base are configured such that as the height member having an external taper that converges from an
adjustment mechanism is mounted to the castored base, the upper end of the taper to a lower end of the taper, the member
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 56 of 61

US 9,033,421 B2
7 8
having a first stop, and the castored base comprises an internal Preferably, the recyclable polymeric material(s) comprise
tapered cavity for receiving the external taper of the member, material(s) having a polyester base. Preferably, the recyclable
the internal taper converging from an upper end of the taper to polymeric material(s) comprise one or more selected from the
a lower end of the taper, and the castored base comprises a group comprising: polyethylene terephthalate, polybutylene
second stop, and the member and castored base are config­ 5 terephthalate, polyester, recycled polyethylene terephthalate,
ured such that as the height adjustment mechanism is recycled polybutylene terephthalate. recycled polyester, glass
mounted to the castored base, the tapers engage such that a filled polyethylene terephthalate. and recycled glass filled
spacing is provided between the first stop and second stop, polyethylene terephthalate.
with the first stop configured to engage with the second stop The support may be part of a back portion of a chair.
10
if the member moves downwardly relative to the castored Alternatively, the support may be adapted to be supported
base after an extended period of time from another part of the chair as part of a standalone ami
Preferably, the method is carried out without the use of assembly that may be attached to the supporting frame or seat
tools. for example. In a preferred form, die support is mounted to a
Preferably, the method further comprises disassembling 15
part of the back portion that supports the back portion from
the chair by separating the second component from the first another part of chair.
component, separating the first component from the fourth Preferably, the actuator is positioned to be substantially
component, and separating the fourth component from the aligned (in one dimension) with a longitudinal axis of the
third component, such that substantially the entire chair can support, so that a user can apply force in a location substan­
be recycled. Preferably, the step of disassembling the chair is 20 tially aligned with the longitudinal axis of the support, to
carried out without the use of tools or using standard hand minimise binding of the ami rest to the support during height
tool(s). adjustment of the arm rest. With that configuration, the sup­
In accordance with a fifth aspect of the present invention, port and ami rest need not have additional bearing features to
there is provided a height adjustable arm assembly for a chair, support the sliding movement, although bearing features
comprising: 25 could be incorporated if desired.
a support; Preferably, the actuator comprises a button on an outer side
an arm rest for supporting the arm of a chair occupant and of part of the arm rest, and the button is positioned so as to be
that is slidably supported by the support to provide actuable by a chair occupant with a hand on die top of a
height adjustability of the arm rest on the support; cushion of die arm rest. The actuator could be any suitable
a locking mechanism for locking the ami rest in a selected 30 other type. For example, the actuator may comprise a lever
height adjusted position relative to the support, compris­ that is adapted to be pulled upward to release the locking
ing a locking member that engages with the support and mechanism. That enables the height of the arm rest compo­
an actuator positioned for use by a chair occupant; nent to readily be increased, as the same upward pulling
wherein at least a major part of the arm rest, support, and action against the lever will additionally lift the arm rest.
locking mechanism are manufactured from one or more 35 Preferably, die locking member and actuator are a single
recyclable polymeric materials that can be recycled integrally moulded compoueut.
together, and wherein the support, locking mechanism, The support may comprise a channel that is outwardly open
and said at least a major part of the arm rest are recy­ to an exterior of the support, a plurality of engagement fea­
clable without separating those parts of the arm assem­ tures are provided in a base ofthe channel for engagement by
bly. 40 the locking member to lock the ami rest, the ami rest com­
Preferably, substantially the entire support, arm rest, and prises a tubular portion that telescopically receives the sup­
locking mechanism are manufactured from one or more recy­ port. and at least a major part of the actuator including the
clable polymeric materials. Preferably, the entire support, locking member is received in the channel of the support. The
arm rest, and locking mechanism are manufactured from one support may have any suitable shape in cross section, such as
or more recyclable polymeric materials. 45 a general 11 shape, a general 1 shape, ora general C shape for
In one embodiment, the arm rest comprises a cushion that example. Alternatively, the support may comprise a tubular
is manufactured from one or more polymeric materials that portion, with a plurality of engagement features provided in
can be recycled together with the polymeric material(s) of the tubular portion for engagement by the locking member to
said at least a major part of the arm rest, support, and locking lock the ami rest, the arm rest comprising a tubular portion
mechanism, so that the cushion does not need to be removed 50 that telescopically receives the support, and at least a major
from the remainder of the arm rest for recycling. The arm rest part of the actuator including die locking member is received
may further comprise a cushion cover, with the cushion cover in the tubular member.
being manufactured from one or more recyclable polymeric Preferably, the arm assembly further comprises a biasing
materials that can be recycled together with the polymeric device to bias the locking member into engagement with the
material(s) of said at least a major part of the arm rest, sup­ 55 support, and the biasing device is manufactured from a recy­
port. and locking mechanism. clable polymeric material. The biasing device may be inte­
In an alternative embodiment, the arm rest comprises a grally formed with the locking mechanism, or may be inte­
cushion that is manufactured from a material that cannot be grally formed with part of the arm rest.
recycled with the polymeric material(s) of said at least a Preferably, substantially the entire arm assembly is recy­
major part of the amt rest, support, and locking mechanism. 60 clable, without separating parts of the arm assembly.
In that embodiment, the cushion would need to be removed Preferably, the arm assembly is mountable to anodier part
from the remainder of the arm rest before recycling the sup­ of the chair by one or more fasteners such as bolts or screws
port. remainder of the arm rest, and locking mechanism, lu for example. Preferably, the configuration is such dial the
this embodiment, the cushion may comprise any suitable fastener(s) can be removed to separate the arm assembly from
material such as polyurethane for example. Rather than hav­ 65 the part of the chair, and said at least a major part of the ann
ing a cushion cover, the cushion could be a self-skinning rest, the support, and the locking mechanism can be recycled
article. without separating those parts of the arm assembly. Addition-
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 57 of 61

US 9,033,421 B2
9 10
ally, or alternatively, the support may comprise a hook feature ment surface configured to engage with the second engage­
to engage with a corresponding feature on said another part of ment surface of the recess. Preferably, the second engagement
the chair. surface of the shuttle is a trailing surface of the shuttle, in the
Preferably, the polymeric material(s) contain(s) recycled direction of sliding movement ofthe shuttle in the recess upon
or renewably sourced content. 5 recline of the back portion.
In accordance with a sixth aspect of the present invention, In an alternative embodiment, the first engagement surface
there is provided a chair comprising: of the shuttle could be a trailing surface of the shuttle and the
a supporting frame; second engagement surface of the shuttle could be a leading
a seat portion for supporting an occupant; surface of the shuttle.
and a back portion for supporting the back of a seated 10 Preferably, the first portion ofsaid at least part ofthe shuttle
occupant, the back portion being reclinable relative to remains compressed when the second portion of said at least
the supporting frame between a generally upright posi­ part ofthe shuttle is compressed.
tion and a generally reclined position; and a recline Preferably, the total amount ofcompression of said at least
resistance mechanism that is selectively engageable to part of the shuttle is greater, and thereby frictional force
resist movement of the back portion toward the gener­ 15 between the shuttle and the recess is greater, when the second
ally reclined position, the recline resistance mechanism portion of said at least part ofthe shuttle is also compressed
comprising: than when only the first portion of said at least part of the
a recess in a first chair component; shuttle is compressed. Preferably, the frictional force that
a shuttle that is slidably engaged with the recess in said first must be overcome to move the shuttle in the recess is between
chair component, at least part of the shuttle being resil­ 20 about 1177 Newtons (about 120 kg) and about 1471 Newtons
ient and configured such that as the shuttle slides (about 150 kg), when the first and second portions of said at
through at least part of the recess, said at least part of the least part of the shuttle is compressed. Preferably, the force
shuttle is compressed, with friction between the shuttle applied by said at least part of the shuttle, in a direction
and the recess resisting movement of the shuttle in the perpendicular to the direction of travel of the shuttle in the
recess; 25 recess, is between about 3922 Newtons (about 400 kg) and
and an engaging member operatively connected to a sec­ about 4413 Newtons (about 450 kg), when the first and sec­
ond chair component, the engaging member being actu- ond portions of said at least part of the shuttle is compressed.
able to selectively operatively engage the shuttle or to The recess can be in any suitable form. For example, the
selectively release the shuttle; sides of the recess could be closed or open, as could the upper
wherein, when the engaging member is selectively opera­ 30 end of the recess. The recess could be in the form ofa channel
tively engaged with the shuttle, movement between the having one open side, or could be substantially tubular having
shuttle and the further chair component is resisted, so no open sides.
that upon movement of the back portion toward the The first and/or second engagement surfaces of the recess
generally reclined position, the shuttle is caused to slide can be of any suitable shape and configuration. In a preferred
in the recess, with friction between the shuttle and the 35 form, the first and second engagement surfaces of the recess
recess applying a resistance against movement of the comprise arcuate surfaces. As an alternative, the first and
back portion toward the generally reclined position. second engagement surfaces of the recess could comprise
Preferably, when the engaging member is released from the relatively sharp steps. The first and second engagement sur­
shuttle, the recline resistance mechanism applies no resis­ faces of the shuttle can be of any suitable shape and configu­
tance against movement of the back portion toward the gen­ 40 ration. Preferably, the first and second engagement surfaces
erally reclined position. Preferably, when the engaging mem­ ofthe shuttle comprise arcuate surfaces. As an alternative, the
ber is disengaged from the shuttle, the shuttle does not slide in first and second engagement surfaces of the shuttle could
the recess as the back portion of the chair is reclined. comprise relatively sharp steps.
Preferably, when the engagement member is selectively Preferably, the recess has a first portion having a relatively
operatively engaged with the shuttle, the recline resistance 45 large dimension, a second portion having a relatively small
mechanism also resists movement of the back portion of the dimension, and the first engagement surface of the recess
chair from the generally reclined position toward the gener­ comprises a transition surface between said first portion and
ally upright position. said second portion, and the recline resistance mechanism is
Preferably, the recess comprises a first engagement sur­ configured such that as part ofthe shuttle moves from the first
face. and the recline resistance mechanism is configured such 50 portion to the second portion of the recess upon initial recline
that as a portion of the shuttle engages the first engagement of the back portion toward the generally reclined position,
surface upon initial recline of the back portion toward the frictional force between the shuttle and the recess increases
generally reclined position, the engagement surface causes a due to compression of said at least part of the shuttle.
first portion of said at least part of the shuttle to be com­ Preferably, the recess has a third portion of a relatively
pressed. Preferably, the shuttle comprises a first engagement 55 larger dimension than the lirsi portion and second portion of
surface configured to engage with the first engagement sur­ the recess, with the first portion of the recess positioned
face of the recess. Preferably, the first engagement surface of between the second portion and third portion of the recess,
the shuttle is a leading surface of the shuttle, in the direction and the recline resistance mechanism is configured such that
of sliding movement of the shuttle in the recess upon recline as part of the shuttle moves from the third portion to the
of the back portion. 60 second portion of the recess upon further recline of the back
Preferably, the recess comprises a second engagement sur­ portion toward the generally reclined position, frictional
face. and the recline resistance mechanism is configured such force between the shuttle and '.he recess increases further due
that as a portion ofthe shuttle engages the second engagement to further compression of said at least part of the shuttle.
surface upon further recline of the back portion toward the In one embodiment, substantially the entire shuttle could
generally reclined position, the engagement surface causes a 65 be resilient. However, it is preferred that at least the part of the
second portion of said at least part of the shuttle to be com­ shuttle having the engagement surface(s) is substantially
pressed. Preferably, the shuttle comprises a second engage­ rigid, so the engagement surface(s) don’t deform upon
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 58 of 61

US 9,033,421 B2
11 12
engagement with the engagement surface(s) of the recess. more flexible elongate members, such as cables, could con­
Therefore, a side of the shuttle having the engagement sur- nect the torsion spring to the actuator and the engaging mem­
face(s) is preferably substantially rigid, with said at least part ber.
of the shuttle being an opposite side of the shuttle. Preferably, the actuator is movable between an engaging
Preferably, said at least part of the shuttle comprises a 5 position corresponding to an engaged position of the engag­
resilient member that is housed at least partly within a body ing member and the shuttle, and a disengaging position cor­
portion the shuttle. Preferably, part of the resilient member responding to the disengaged position of the engaging mem­
projects from the body portion of the shuttle. The resilient ber and the shuttle.
member preferably contacts a surface ofthe recess to provide Preferably, the engaging member can only be disengaged
from the shuttle when the back is in the generally upright
frictional contact therebetween. The resilient member prefer­
configuration and is substantially unloaded. The overload
ably contacts a wall of the recess to provide frictional contact
protection device is preferably configured to bias the engag­
therebetween. Alternatively, a suitable frictional surface may
ing member toward a disengaged position from the shuttle
be attached to the resilient member, with at least part of the when the actuator is in the disengaging position, so that when
frictional surface projecting from the body portion of the |5
the back portion returns to thegenerally upright configuration
shuttle and contacting the surface of the recess to provide and is substantially unloaded, the engaging member will dis­
frictional contact therebetween. engage from the shuttle.
The resilient member can be made from any suitable mate­ Preferably, the engaging member can only be engaged with
rial. such as mbber or polyurethane for example. In a pre­ the shuttle when the back is ir. the generally upright configu­
ferred form, the resilient member is made from an elastomeric 20 ration and is substantially unloaded. The overload protection
material, and preferably a thermoplastic polyester elastomer, device is preferably configured to bias the engaging member
such as HYTREL which is a polymer available from Du Pont. toward an engaged position with the shuttle when the actuator
In an alternative, the resilient member could comprise a is in the engaging position, so that when the back portion
spring member, such as a compression spring or leaf spring returns to the generally upright configuration and is substan­
for example, with a frictional pad attached to the spring. In 25 tially unloaded, the engaging member will engage with the
that alternative, the spring could comprise a suitable poly­ shuttle.
meric material such as acetyl or nylon for example, or could Preferably, the chair comprises a single actuator for actu­
comprise a metallic material. The remainder of the shuttle ating the recline resistance mechanism and a height adjust
may be injection moulded from a suitable relatively rigid mechanism of the chair. Preferably, the single actuator com­
polymeric material, such as nylon for example. prises a lever positioned generally beneath a seating surface
of the chair. Preferably, the lever is pivotable about a first axis
Preferably, the part of the shuttle comprising the engage­
to control the height adjust mechanism and is pivotable about
ment surface(s) is substantially rigid, to prevent or minimise
a second axis to control the recline resistance mechanism.
deformation of the engagement surfaces.
Preferably, the first and second axes are substantially perpen­
The first and second chair components can be any suitable 35
dicular. Preferably, the first axis is a substantially horizontal
components, provided the first and second chair components axis, and the second axis is a substantially vertical axis. Pref­
move relative to each other upon reclining ofthe back portion. erably, the movement about the second axis is indexed.
For example, one of the components may be a supporting Any other suitable type of actuator could be used.
frame of the chair, and the other component may be any The first chair component may be the seat portion or a seat
component that is adapted to move upon recline of the back 40 support, and the chair may comprise a recline mechanism
portion toward the generally reclined position, such as a seat configured to move the seal portion or seat support upwardly
portion, seat support, or the back portion for example. upon a reclining action of the back portion. Preferably, the
Preferably, said first component comprises said seat por­ recline mechanism is configured to lilt the seat portion or seat
tion or a seat support and said second component comprises support upon a reclining action of the back portion. Prefer­
said supporting frame. However, that configuration could be 45 ably, the seat portion or seat support lifts and moves rear-
reversed. wardly upon a reclining action of the back portion. The seat
In an embodiment having a reclinable back portion but portion or seat support may increase in rearward tilt angle as
which does not move the seat portion upon recline ofthe back it lifts and moves rearwardly, or may maintain a substantially
portion, said first component may be one of the supporting constant angle.
frame and the back portion, and said second component may 50 Preferably, the recline mechanism comprises a deformable
be the oilier of the supporting frame and the back portion. member operatively connecting a portion of the seat support
Preferably, the engaging member is pivoted to die second and the supporting frame, with the recline mechanism con­
component. figured such that as the back portion of the chair is reclined,
The engaging member and the shuttle preferably comprise the deformable member deforms. The recline mechanism
complementary engagement features. In a preferred embodi- 55 may comprise a puller that pulls the seat portion rearwardly
ment. the engagement features comprise respective hook fea­ upon a reclining action of the back portion. The recline resis­
tures, but any other suitable configuration could be used. tance mechanism could be used in a chair having a different
The chair preferably comprises an actuator that enables a type of recline mechanism.
user to engage or disengage the recline resistance mechanism. In accordance with a seventh aspect of the present inven­
The actuator is preferably operatively connected to the engag- 60 tion. there is provided a chaircomprising: a supporting frame;
ing member by an overload protection device. The overload a recline mechanism; a seat portion; and a back portion;
protection device can be any suitable form, but in a preferred wherein at least a major part of the chair comprises one or
embodiment the overload protection device comprises a bias­ more polymeric materials that contain(s) recycled or renew-
ing device such as a torsion spring. A differexit type of biasing ably sourced content.
device, such as a different type of spring could alternatively 65 Preferably, at least about 60% of the chair, by weight,
be used. The torsion spring is preferably connected directly to comprises one or more polymeric materials that contain(s)
the actuator and the engaging member. Alternatively, one or recycled or renewably sourced content. Preferably, at least
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 59 of 61

US 9,033,421 B2
13 14
about 70% of the chair, by weight, comprises one or more an end proximal the central portion, an end distal the
polymeric materials that contain(s) recycled or renewably central portion, and a flange positioned near a lower
sourced content. Preferably, at least about 80% of the chair, portion of the leg, the flange extending along at least a
by weight, comprises one or more polymeric materials that major portion ofa distance between the end proximal the
contain(s) recycled or renewably sourced content. 5 central portion and the end distal the central portion.
Preferably, the amount of recycled or renewably sourced Preferably, the body comprises an injection moulded poly­
content in the chair is at least about 40%, by weight. Prefer­ meric material, such as glass filled PET or nylon for example.
ably. the amount of recycled or renewably sourced content in Preferably, each leg comprises two flanges positioned near
the chair is at least about 50%, by weight. Preferably the chair a lower portion of the leg.
comprises about 46% recycled content by weight and about 10 Preferably, the or each flange extends outwardly from the
6% of renewably sourced content by weight. leg.
The material(s) is/are preferably recyclable. Preferably, the or each flange extends substantially the
Preferably, the supporting frame comprises a castored entire length of the distance of the leg between the end proxi­
base, and at least a major part of the castored base is manu­ mal the central portion and the end distal the central portion.
factured from one or more polymeric materia Is that contain(s) 15 Preferably, each leg has a lower surface and the or each
recycled or renewably sourced content. flange forms part of the lower surface.
Preferably, the supporting frame comprises a height adjust­ Preferably, each leg comprises side walls extending
ment mechanism comprising a member having an external between the end proximal the central portion and the end
taper that converges from an upper end of the taper to a lower distal the central portion, and a cavity between the side walls.
end of the taper, the member having a first stop, and the 20 Preferably, the or each flange has a wall thickness that is equal
castored base comprises an internal tapered cavity for receiv­ to or greater than a wall thickness of the side walls.
ing the external taper of the member, the internal taper con­ Preferably, the side walls are generally concave when
verging from an upper end of the taper to a lower end of the viewed from the side of the leg. Preferably, each leg further
taper, and the castored base comprises a second stop, and the comprises ribs extending between the side walls.
height adjustment mechanism and castored base are config­ 25 Preferably, the central portion provides support fora height
ured such that as the height adjustment mechanism is adjustment mechanism.
mounted to the castored base, the tapers engage such that a Preferably, the central portion and plurality of legs com­
spacing is provided between the first and second stops. prise an integrally formed component.
Tlie height adjustment mechanism may comprise recycled Preferably, the castored base comprises five legs.
and virgin materials. 30 Preferably, the castored base comprises a polymeric mate­
Preferably, the supporting frame comprises a transom hav­ rial. more preferably a recyclable polymeric material.
ing a cavity, and an upper end of the height adjustment mecha­ In accordance with a ninth aspect of the present invention,
nism is received in a metallic insert that is fastened in the there is provided a castored base for supporting a height
cavity in the transom. The metallic insert may be fastened in adjustment mechanism comprising a member with an exter­
the cavity in the transom with a plurality of fasteners such as 35 nal taper that converges from an upper end of the taper to a
screws, or may be moulded into the transom for example. The lower end of the taper, the member having a first stop, the
metallic insert may have an external key detail so the insert castored base comprising:
can be removed from the transom. Preferably, the insert is a central portion defining an internal tapered cavity for
removable from the transom using standard hand tool(s) to receiving the taper of the member, the internal taper
enable the transom and components connected to the transom 40 converging from an upper end of the taper to a lower end
to be recycled. of the taper;
Preferably, the chair further comprises height adjustable and a second stop:
arm assemblies, and at least a major part of the arm assem­ wherein the first stop is spaced apart from the second stop
blies are formed from one or more polymeric materials that when the height adjustment mechanism and the castored
contain(s) recycled or renewably sourced content. Preferably, 45 base are initially assembled such that their tapers
the arm assemblies are separable from the remainder of the engage, and the second stop is adapted to engage the first
chair, and once the arm assemblies have been separated from stop if the member moves downwardly relative to the
the remainder of the chair, at least a support, a major part ofan castored base after an extended period of time.
arm rest, and locking mechanism of the arm assemblies can The stops may be in any suitable form. In one form, the first
be recycled as one unit without further disassembly. The arm 50 stop comprises a shoulder near the upper end of the taper of
rests may further comprise cushions that can be recycled with the member, and the second stop comprises a shoulder near
the support, remainder of the ami rest, and locking mecha­ the upper end of the taper of the castored base. Alternatively,
nism. without further disassembly. the first stop may comprise a bottom surface of the member,
Preferably, the polymeric material(s) used for at least a and the second stop may comprise a base member in the
major part of the chair can be recycled together. Preferably, 55 internal tapered cavity of the castored base.
the polymeric material(s) comprise materials) having a poly­ Preferably, the shoulder is integrally formed with the cen­
ester base. Preferably, the polymeric material(s) comprise tral portion of the castored base. Alternatively, the shoulder
one or more selected from the group comprising: polyethyl­ may be a separately formed component.
ene terephthalate, polybutylene terephthalate, polyester, Preferably, the internal taper of the cavity substantially
recycled polyethylene terephthalate, recycled polybutylene 60 corresponds to the external taper of the member.
terephthalate, recycled polyester, glass filled polyethylene Preferably, the member and the tapered cavity have a sub­
terephthalate. and recycled glass filled polyethylene tereph­ stantially circular cross section.
thalate. Preferably, the castored base comprises a polymeric mate­
In accordance with an eighth aspect of the present inven­ rial. more preferably a recyclable polymeric material.
tion. there is provided a castored base fora chair, comprising: 65 In accordance with a tenth aspect of the present invention,
a body comprising a central portion with a plurality of legs there is provided a combination ofa castored base as outlined
extending radially outwardly therefrom, each leg having in relation to the ninth aspect above, and a height adjustment
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 60 of 61

US 9,033,421 B2
15 16
mechanism having a member with an external taper that con­ of the compliant cover is received in the recess with an
verges from an upper end of the taper to a lower end of the edge of that portion abutting the wall of the recess.
taper, the member having a first stop, wherein the taper of the Preferably, the wall comprises an undercut, such that a
member engages with the internal taper of the castored base, portion of the wall distal a base of the recess is positioned
and the first stop is spaced from the second stop upon initial 5 closer to the first edge than a portion of the wall proximal the
assembly, with the second stop adapted to engage the first base of the recess.
stop iftile member moves downwardly relative to the castored In a first preferred embodiment, at least a portion of one of
base alter an extended period of time. the members of the compliant cover extending in the second
In accordance with an eleventh aspect of the present inven­ transverse direction is received in the recess, with an end of
10 said one of the members extending in the second transverse
tion. there is provided a frame for a support surface fora chair
direction abutting the wall of the recess.
comprising:
Preferably, the end said one of the members extending in
at least two spaced apart side members,
the second transverse direction has a feature complementary
each side member being generally L-shaped in cross-section to the undercut.
and having a main frame portion comprising a front lace that 15 Preferably, the frame member comprises a shoulder on
faces a seated occupant in use, and a flange positioned at an either side of an end portion of the recess that has the wall,
edge of the member, the flange extending at least a major with a spacing between the shoulders corresponding substan­
portion of the length of the side member and in a direction tially to a width ofsaid at least a portion ofone ofthe members
generally rearwardly from the front face of the main frame of the compliant cover extending in the second transverse
portion. 20 direction.
Preferably, the flange extends in a direction generally per­ In a second preferred embodiment, an edge of said one of
pendicularly from the front face of the main frame portion. the members of the compliant cover extending in the first
Preferably, the flange has substantially parallel walls. Pref­ direction abuts the wall of the recess.
erably, the main frame portion lias substantially parallel Preferably, the frame member comprises a plurality of the
walls. 25 attachment features. Preferably, in the embodiment in which
Preferably, the flange is positioned at an exterior edge of an edge of said one of the members of the compliant cover
the main frame portion. Alternatively, the flange could be extending in the first direction abuts the wall of the recess,
positioned at an interior edge. adjacent walls are aligned and interconnect, to form a single
Tlie frame may further comprise at least two transverse wall.
members interconnecting the at least two side members. 30 Preferably, the frame comprises two opposed frame mem­
Preferably, the at least two side members are generally bers. each of which comprises a plurality of the attachment
serpentine in shape. features.
Preferably, the support surface comprises a back portion of In one embodiment, the frame comprises two side frame
a chair. Alternatively, the support surface could comprise a members, a first transverse frame member, and a second
seat portion of a chair. 35 transverse frame member. Preferably, at least the first trans­
In accordance with a twelfth aspect of the present inven­ verse frame member and the second transverse frame member
tion. there is provided a support for a chair comprising: each comprise a plurality of the attachment features of the
a frame of the eleventh embodiment; first preferred embodiment. The frame may be a seat frame for
and a cover connected to and extending between the side a chair, and the first and second transverse frame members
members, and extending across an opening between the 40 may comprise front and rear frame members of the seat.
side members to provide a compliant support surface for Alternatively, the frame may be a back frame for a chair, and
a chair occupant. the first and second transverse members may comprise upper
Preferably, the cover is a body contacting surface of the and lower frame member of the back.
support surface. Preferably, the side frame members of the frame comprise
Preferably, the cover is held in tension between the side 45 a plurality of the attachment features of the second preferred
members, and is suspended between the side members. embodiment.
Preferably, the cover comprises an elastomeric material. Preferably, the frame comprises two opposed frame mem­
Preferably, the elastomeric material comprises a thermoplas­ bers with an opening therebetween, and the two frame mem­
tic polyester elastomer, such as HYTREL. which is a polymer bers each comprise a plurality ofthe attachment features. The
available from Du Pont. 50 compliant cover preferably extends across the opening
In accordance with a thirteenth aspect of the present inven­ between the frame members. Preferably, the cover is held in
tion. there is provided a support comprising: tension between the frame members, and is suspended
a frame comprising a frame member: and between the frame members.
a compliant cover having a plurality of members extending The compliant cover is preferably in the form of a mesh,
in a first direction and a plurality of members extending 55 with apertures provided between at least a majority of the
in a second transverse direction: members extending in the first direction and extending in the
wherein the frame member comprises an attachment fea­ second direction.
ture for attaching the cover to the frame member, the The attachment features may be in a body-contacting sur­
attachment feature comprising a hook feature extending face of the frame. Preferably, a forward surface of the frame
in a direction away from a first edge of the frame mem­ 60 members and compliant cover are substantially flush. In the
ber and a recess adjacent the hook feature that extends in embodiment having an opening between the frame members,
said direction, past the hook feature to a position beyond the recess(es) of the attachment feature(s) preferably ex­
the hook feature, with the recess terminating in a w all tend^) into the frame members) from the opening. In this
spaced from the hook feature; embodiment, the hook feature(s) will be oriented in a direc­
wherein at least a portion of one of the members of the 65 tion away from the opening.
compliant cover extending in the first direction is Alternatively, the compliant cover may extend across the
received under the hook feature, and wherein a portion opening and around an exterior of the frame members. In that
Case 1:19-cv-07895 Document 1-2 Filed 08/22/19 Page 61 of 61

US 9,033,421 B2
17 18
embodiment, the recess(es) oftheattachment feature(s) pref­ FIG. 1 is an overhead view of a preferred form chair;
erably extend(s) into the frame member(s) from edge(s) ofthe FIG. 2 is a front view of the chair of FIG. 1;
frame members) opposite the opening. In this embodiment, FIG. 3a is a left side view ofthe chairofFIG. 1 showing the
the hook feature(s) will be oriented in a direction toward the back portion in a generally upright position;
opening. 5 FIG. 3/) is a left side view of the chair ofFIG. 1 showing the
The compliant cover may be attached to other frame mem­ back portion in a generally reclined position;
bers by different types of attachment features, or may be FIG. 3c is a left side view of the chair of FIG. 1 with the
attached to all frame members using one of the types of back portion positions of FIGS. 3a and 3b overlaid onto one
attachment features outlined above. another, to show the relative positions;
The same attachment feature(s) could be used for attaching
10 FIG. 3d is a detailed left side view showing part of the
a cover to a frame in a different type of article that has a
recline mechanism when the back portion is in the generally
support. By way of example only, the same attachment fea-
upright position:
ture(s) could be used to form supports of: baby products
including car seats, bouncy beds, baby buggies, cols; tram­ FIG. 3e is a detailed left side view' showing part of the
polines; other furniture such as dental chairs, aeroplane seat­ recline mechanism when the back portion is in the generally
ing, stadium seating, outdoor furniture; bedding; or automo­ 15 reclined position;
tive seating. FIG. 4 is a right side view of the chair of FIG. 1:
In accordance with a fourteenth aspect of the present inven­ FIG. 5 is a rear view of the chair of FIG. I;
tion. there is provided a method of assembling a support, the FIG. 6 is an underside view of the chair ofFIG. 1;
method comprising: FIG. 7 is a perspective view ofthe chair ofFIG. 1;
providing a frame comprising a frame member having an 20 FIG. 8a is an overhead perspective view showing features
attachment feature for attaching a cover to the frame of the recline mechanism and recline resistance mechanism
member, the attachment feature comprising a hook fea­ of the chair of FIG. 1;
ture extending in a direction away from a first edge ofthe FIG. 8b is an overhead view of part ofthe recline mecha­
frame member and a recess adjacent the hook feature nism and recline resistance mechanism of FIG. 8a;
that extends in said direction, past the hook feature to a 25 FIG. 8c is a front view of part of the recline mechanism of
position beyond the hook feature, with the recess termi­ FIG. 8«.-
nating in a wall spaced from the hook feature; FIG. 8d is a left side view of part of the recline mechanism
providing a compliant cover having a plurality ofmembers ofFIG. 8a;
extending in a first direction and a plurality of members
FIG. 8c- is a front overhead perspective view of part ofthe
extending in a second transverse direction;
30 recline mechanism and recline resistance mechanism ofFIG.
and attaching the compliant cover to the frame member by
inserting at least a portion of one ofthe members of the 8a;
compliant cover extending in the first direction under the FIG. 8/ is an underside view of part of the recline mecha­
hook feature, and inserting a portion of the compliant nism ofFIG. 8a;
cover into the recess, such that an edge of that portion FIG. 9a is a perspective view of a seat support of the chair
abuts the wall of the recess. 35 ofFIG. 1;
The frame and the compliant cover may have any one or FIG. 9/> is a perspective view showing a first preferred form
more features outlined in relation to the immediately preced­ of recline resistance mechanism that can be used in the chair
ing aspect of the invention. ofFIG. 1, when the chair back portion is in an upright con­
In a first preferred embodiment, the method comprises figuration. and with the seat support not shown for clarity;
inserting at least a portion of one of the members of the 40 FIG. 9c is a front perspective view of part of the recline
compliant cover extending in the second transverse direction resistance mechanism ofFIG. 9b;
in the recess, such that an end of said one of the members FIG. 10a is a right side sectional view showing the com­
extending in the second transverse direction abuts the wall of ponents of the recline resistance mechanism when the chair
the recess. back portion is in the upright configuration and when the
In a second preferred embodiment, the method comprises 45 engagement member is disengaged from the shuttle;
inserting a portion of said one ofthe members ofthe compli­ FIG. 106 is a right side sectional view similar to FIG. 10a.
ant cover extending in the first direction into the recess, so that but showing the components ofthe recline resistance mecha­
an edge of said one of the members ofthe compliant cover
nism when the chair back portion is moved toward the gen­
extending in the first direction abuts the wall of the recess.
erally reclined position;
To those skilled in the art to which the invention relates,
many changes in construction and widely differing embodi­ 50 FIG. 10c is a view similar to FIG. 10a. but showing only the
ments and applications of the invention will suggest them­ features of the recess for clarity;
selves without departing from the scope of the invention as FIG. 11 is a right side sectional view showing the compo­
defined in the appended claims. The disclosures and the nents of the recline resistance mechanism when the chair
descriptions herein are purely illustrative and are not intended back portion is in an upright configuration and when the
to be in any sense limiting. 55 engagement member is engaged with the shuttle;
Where specific integers are mentioned herein which have FIG. 12a is a right side sectional view showing the move­
known equivalents in the art to which this invention relates, ment of the shuttle in the recess in the seat slide, upon initial
such known equivalents are deemed to be incorporated herein recline of die back portion from the upright position;
as if individually set forth. FIG. 126 is a right side sectional view similar to FIG. 12a,
file invention consists in the foregoing and also envisages 60 after the shuttle has moved further upon further recline of the
constructions of w hich the following gives examples only. back portion:
FIG. 12c is a right side sectional view similar to FIG. 126,
BRIEF DESCRIPTION OFTHE DRAWINGS after the back portion lias been reclined to the reclined posi­
tion;
In order that the invention may be more fully understood, 65 FIG. 13a is a right side sectional view similar to FIG. 12a,
some embodiments will now be described by way ofexample but showing the engagement member biased into an engaging
with reference to the accompanying figures in which: position when the back portion of the chair is reclined;
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 1 of 20

US 9,033,421 B2
19 20
FIG. 13b is a right side sectional view similar to FIG. 13<j, FIG. 33/> is a front perspective view similar to FIG. 33a,
but showing the engagement member biased into an engaging after the back cover has been mounted to the back frame;
position when the back portion of the chair is further reclined; FIG. 33c is a sectional view' of the region of the back frame
FIG. 14a is a right side sectional view similar to FIG. 13a, and back cover shown in FIG. 33a, showing a first step in a
but showing the engagement member biased into a disengag­ 5 preferred method of mounting that portion ofthe cover to the
ing position when the back portion of the chair is reclined; back frame;
FIG. 14/> is a right side sectional view similar to FIG. 14a. FIG. 33d is a sectional view similar to FIG. 33c, showing a
but showing the engagement member having disengaged second step in a preferred method ofmounting that portion of
from the shuttle when the back portion of the chair has been the back cover to the back frame;
returned to the upright position; 10
FIG. 33c is a sectional view similar to FIG. 33c, showing a
FIG. 15a is an overhead perspective view of an actuator
final step in a preferred method of mounting that portion of
lever for the height adjustment mechanism and the recline
the back cover to the back frame;
resistance mechanism;
FIG. 15b is an overhead perspective view showing the FIG. 34a is a front perspective view of part of a left or right
possible movement directions of the actuator lever; 15
side frame member ofthe back frame, showing a preferred
FIG. 16a is a front underside perspective view ofthe shuttle form ofattachment feature for mounting the back cover to the
of the recline resistance mechanism; back frame, prior to the attachment of the back cover to the
FIG. 16b is a rear overhead perspective view of the shuttle back frame;
of the recline resistance mechanism; FIG. 34b is a front perspective view similar to FIG. 34a,
FIG. 16c is a front overhead perspective sectional view 20 after the back cover has been mounted to the back frame;
showing the articulated mounting of the shuttle to the tran­ FIG. 34c is a sectional view of the region of the back frame
som; and back cover shown in FIG. 34a. showing a first step in a
FIG. 17a is a rear overhead left side perspective view ofthe preferred method of mounting that portion of the back cover
shuttle ofthe recline resistance mechanism; to the back frame;
FIG. 17/> is a front overhead right side perspective view of 25 FIG. 34c/is a sectional view similar to FIG. 34c, showing a
the shuttle of the recline resistance mechanism; second step in a preferred method ofmounting that portion of
FIG. 18a is a side elevation view ofa preferred form height the back cover to the back frame;
adjustable arm assembly for use in the chair of FIG. 1, show­ FIG. 34e is a sectional view similar to FIG. 34c, showing a
ing the arm rest in a lowered position; final step in a preferred method of mounting that portion of
FIG. 18/> is a side elevation view ofthe arm assembly of 30 the back cover to the back frame;
FIG. 18a. showing the arm rest in a raised position; FIG. 35 is an exploded view ofa preferred form seat depth
FIG. 19a is an exploded left rear perspective view of the adjustment mechanism of the chair of FIG. I;
arm assembly of FIG. 18a; FIG. 36 is an underside perspective view of the seat por­
FIG. 19/) is an exploded right front perspective view of the tion. showing features ofthe seat depth adjustment;
arm assembly of FIG. 18a; 35 FIG. 37 is an underside perspective view of detail D37 of
FIG. 20a is a rear sectional view of the arm assembly of FIG. 36;
FIG. 18a, showing the actuator in a released position; FIG. 38 is an underside perspective view of detail D38 of
FIG. 20/) is a rear sectional view of detail I),Ob of FIG. FIG. 36;
20a; FIG. 39a shows features of the seat depth adjustment
FIG. 21a is a rear sectional view ofthe arm assembly of 40 mechanism of FIG. 35. with the seat in a most forward locked
FIG. 18a. showing the actuator in an actuated position; position;
FIG. 21b is a rear sectional view of detail D21b of FIG. FIG. 39b is a view similar to FIG. 39a. but with the front
21a; portion of the seat raised so the seat is depth adjustable;
FIG. 22 is an exploded left front perspective view of the FIG. 39c is a view similar to FIG. 39b. but with the seat
preferred form back portion comprising a back frame and 45 moved to a most rearward position;
cover, of the chair shown in FIG. 1; FIG. 39d is a view similar to FIG. 39c, but with the front
FIG. 23 is a front view of the preferred form back portion portion of the seat lowered so the seat depth is locked;
of FIG. 22; FIG. 40 is a view of detail D40 of FIG. 39a;
FIG. 24 is a view of detail D24 of FIG. 23; FIG. 41 is a view of detail D41 of FIG. 39a;
FIG. 25 is a rear view ofthe preferred form back portion of 50 FIG. 42 is a view of detail D42 of FIG. 39c;
FIG. 22; FIG. 43 is an overhead perspective view ofa preferred form
FIG. 26 is a view of detail D26 of FIG. 25; castored base for use in the chair of FIG. 1;
FIG. 27 is a front view of the preferred form back frame of FIG. 44 is an underside perspective view ofthe base of FIG.
the back portion of FIG. 22; 43;
FIG. 28 is a vertical cross-sectional view along line 28-28 55 FIG. 45 is an overhead view ofthe base of FIG. 43;
of FIG. 27; FIG. 46 is a section view along line 46-46 of FIG. 45;
FIG. 29 is a horizontal cross-sectional view along line FIG. 47 is an underside view of the base of FIG. 43;
29- 29 of FIG. 27; FIG. 48 is a section view along line 48-48 of FIG. 47;
FIG. 30 is a horizontal cross-sectional view along line FIG. 49 is a section view of a preferred form connection
30- 30 of FIG. 27; 60 between the base of FIG. 43 and a height adjustment mecha­
FIG. 31 is a detail view of area D31 of FIG. 29; nism:
FIG. 32 is a detail view of area D32 of FIG. 30; FIG. 50a schematically represents the components of a
FIG. 33a is a front perspective view of part of an upper or preferred form kit of parts for assembling the chair:
lower frame member of the back frame, showing preferred FIG. 50b schematically represents a first step in assembling
form attachment features for mounting the back cover to the 65 the chair from the kit of parts;
back frame, prior to the attachment of the back cover to the FIG. 50c schematically represents a second step in assem­
back frame; bling the chair from the kit of parts; and
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 2 of 20

US 9,033,421 B2
21 22
FIG. 50</ schematically represents a third step in assem­ lower ends of the back frame and to the sides of the back
bling the chair from the kit of parts. frame to provide a supporting surface for the back of the
seated occupant in a manner described more Hilly in connec­
DETAILED DESCRIPTION OF PREFERRED tion with FIGS. 22 and 33a to 34c’. The back portion has two
FORMS 5 spaced apart side members SI, S2. The lower portion 27 has
a transversely extending lower member 33. and in that region
Ills intended that reference to a range ofnumbers disclosed the two spaced apart generally upright side members extend
herein (for example, 1 to 10) also incorporates reference to all upwardly from the lower member 33 to form side member
rational numbers within that range (for example, 1. 1.1. 2. 3, portions 35a. 356. In the form shown, the portions 35a. 356
3.9. 4. 5. 6. 6.5. 7. 8. 9 and 10) and also any range of rational 10
are each positioned at a respective end of the lower transverse
numbers within that range (for example, 2 to 8, 1.5 to 5.5 and
member. From the transverse lower member 33. the portions
3.1 to 4.7) and. therefore, all sub-ranges of all ranges
35a. 356 of side members SI. S2 initially extend upward,
expressly disclosed herein arc hereby expressly disclosed.
These are only examples of what is specifically intended and outward, and forward, and above that they subsequently
all possible combinations of numerical values between the 15
extend upward, inward, and reward to form portions 36a, 366.
lowest value and the highest value enumerated are to be The transition between the initial part and the subsequent part
considered to be expressly stated in this application in a forms a region 37a, 376 ofthe side members that has a convex
similar manner. curvature when viewed from the front ofthe back portion, and
Since the figures illustrate the preferred form chairs from a convex curvature when viewed from a respective side of the
various different angles as convenient to explain certain parts, 20 back frame.
an arrow marked “F” has been inserted into the figures where In a region 39a. 396 approximately corresponding to the
appropriate to indicate a forward direction of the chair. intermediate region 29. the curvature of the side frame mem­
Accordingly the terms forward, rearward, left side, and right bers changes to a concave curvature when viewed from the
side (or similar) should be construed with reference to the front of the back portion, and a concave curvature when
forward direction F of the chair, not necessarily with refer­ 25 viewed from a respective side of the back frame. The side
ence to the orientation shown in the particular figure. frame members extend upwardly into the upper portion 31 of
File features of the preferred form chairs are described and the back frame to form portions 41a. 416. Those portions
shown herein to give a full understanding of the components maintain a gently convex curvature when viewed from the
and operation of the preferred form chair. It will be appreci­ front of the back portion and a gently convex curvature when
ated that not all of the features described herein need be 30 viewed from a respective side of the back portion, for most of
provided in every chair. The preferred form chairs may incor­ their lengths.
porate or use one or more of the features of the chairs The side members have a generally serpentine or sinuous
described in our PCT application number PCT/NZ2007/ shape in side view.
000289 (published as WO 2008/041868). and the content of The upper end of the frame is defined by a transverse cross
that specification is incorporated herein in its entirety by way 35 member 43, which may extend rearwardly as shown in FIG.
of reference. For the sake of brevity, the present specification 28. The upper end of the back frame may be provided with a
does not repeat all of the features that are already described in surface that enables a user’s arm to be supported, such as the
the referenced PCT application. The reader should refer to type described in our above-referenced PCT application for
that earlier specification for further explanation of features example.
that are not described fully here. 40 The lower portion of the back frame is relatively wide, to
FIGS. 1 to 7 illustrate a preferred form office task chair support a seated occupant when they are side- or angle-sit­
including a main assembly having a seal portion 13 and a back ting.
portion 15. The seat portion 13 and the back portion 15 are Portions 37a, 376 of the side frame members are config­
operatively supported above the ground by a supporting ured to be positioned generally in the region of a seated adult
frame including a wheeled or castored base 11 having a 45 occupant’s lumbar region.
central support column 17 which forms a height adjustment The upper 43 and lower 33 members are generally concave
mechanism for selective height adjustment of the main when viewed from the front of the seat, with the concave
assembly. The base 11 and height adjustment mechanism 17 curvature of the lower frame member being greater than that
form a height adjustment pedestal. An upper end of the height of the upper frame member. The lower portion of the back
adjustment mechanism is connected to the main transom 21 50 frame “cups" the lower back of the seated occupant.
of the chair. The castored base 11, height adjustment mecha­ The upper portion 31 may also “cup” the back of adult
nism 17. and main transom 21 all form part of the supporting seated occupant, although to a lesser extent than the lower
frame. portion 27 as an adult’s upper back region is typically flatter
Details of the castored base will be described below with and wider than their lower back region.
reference to FIGS. 43 to 49. 55 The intennediate region 29 is of a resiliently flexible con­
Back Portion struction, to provide a flexing movement in a rearward direc­
Referring to FIGS. 22 to 32, the back portion 15 has a back tion of the upper portion 31 relative to the lower portion 27. as
frame 25. The overall frame width is relatively wide in a lower indicated by arrow R in FIG. 3a.
portion 27, relatively narrow in an intermediate region 29. and The back portion comprises at least one support member
an upper portion 31 is wider than the intermediate region 29 60 extending from the lower portion 27. to provide a means of
but is generally narrower than the lower portion 27. The lower supporting the back portion from another part of the chair,
portion 27 is adapted to extend across and support at least a such as the main transom 21 of the supporting frame, the seat
major part ofa lower region ofa seated adult occupant’s back, portion 13, or from both the seat portion and supporting
and the upper portion is adapted to extend across and support frame. In the form shown, two horizontally spaced support
at least a major part ofan upper region of the occupant's back. 65 members 45a. 456 extend downward, inward, and forward
In the finished chair the back frame 25 has a compliant cover from the ends of lower transverse member 33. The support
61 pulled taut and operatively connected to the upper and members have a concave curvature when viewed from the
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 3 of 20

US 9,033,421 B2
23 24
front ofthe back frame, and a concave curvature when viewed moulded using the method described in our patent application
from a position between the members. numbers U.S. 61/043.283 (filed 8 Apr. 2008) and 61/059.0.36
The support members 45a. 45b are of a substantially rigid (filed 5 Jim. 2008) and PCT/NZ2009/000053 (published as
construction. WO 2009/126051). and the content of those specifications are
In the form shown, the horizontally spaced support mem­ 5 incorporated herein in their entirety by way of reference.
bers 45a, 45A are adjoined at lower ends thereof by an integral Alternatively, the cover could be fonned using another
transverse comiector member 49. The transverse connector technique, such as by extruding and die cutting the cover for
member incorporates an upper mounting region 49a for example. Again, this type of cover is preferably stretched so
mounting a puller member 97 of the recline mechanism, and that strain orientation of at least part of the cover occurs.
a lower mounting region 49b for mounting a lower deform­ 10 To minimise material use. rather than surrounding the side
able member 95 of the recline mechanism (see FIGS. 3d. 3e). members of the back frame, the cover extends over the open­
The puller and lower deformable member are preferably ing O between the side, upper, and lower members of the back
mounted to the mounting regions using screws that tap frame, and is connected to the front faces of the side, upper,
directly into the polymeric material of the frame. The recline and lower members of the back frame so that outer parts of
mechanism will be described in more detail below. 15 those members are exposed and not covered by the cover.
Hie side frame members SI. S2 preferably have the cross- That is, the outer edges of the back frame are not covered by
sectional configuration shown in FIGS. 29 to 32. In conven­ the cover. Additionally, cover material usage is minimised by
tional chairs, side frame members are complex moulded having the lower member 33 positioned reasonably high in
articles that require internal cross-ribbing in the frame that the back frame, and by having the upper portion 31 of the back
adds to their moulding and visual complexity. In the preferred 20 frame generally narrower than the lower portion 27 of the
form shown, cross-ribbing is not required for the frame. back frame.
Instead, the side frame members are substantially L-shaped in The cover is provided with attachment features that are
cross-section as shown. The L shape comprises a main frame integrally formed with the cover as part of the moulding
portion SA that forms a front face and a rearwardly extending process, and that are used to attach the cover to the frame. The
side flange SB that is positioned at the outer edge of the main 25 frame has complementary attachment features to attach the
frame portion, file side flanges resist the majority of the cover to the frame.
loading applied to the back frame. As the side frame members FIGS. 33a to 33e show a preferred attachment of the lower
are L-shaped. the main frame portion SA and flange SB can portion of tlie cover to the lower member 33 ofthe back frame.
have parallel walls, yet can still be moulded. As greater load­ It should be understood that the upper portion ofthe cover will
ing is taken at the lower portion of the frame, the length of the 30 be attached to the upper member 43 of the back frame in the
flange SB is longer for a lower portion of the frame than for same manner.
the upper portion of the frame. The lower frame member has a plurality of attachment
A similar design could be used for a seat frame that has a features 2071 for attaching the cover 61 to the frame member.
stretched cover in the manner described herein to form a The attachment features extend into the frame member 33
seating surface for the occupant. In that case, the main frame 35 from a front lace FF thereof.
portion SA would be a top portion of the frame that faces the Tlie cover has a plurality of elongate members 2081
seated occupant in use. and the flanges SB would extend extending in a first direction and a plurality of elongate mem­
downwardly therefrom. In the case of a seat frame, the front, bers 2083 extending in a second transverse direction. As
rear, and side members may have the configuration shown in outlined above, the cover is preferably a mesh, with apertures
FIGS. 31, 32. 40 provided between at least a majority of the members extend­
The back frame and support members are of a unitary ing in the first direction and the members extending in the
construction, and may be moulded from a polymeric material second direction. However, the cover could be a substantially
for example, and preferably from a recyclable polymeric solid cover, with the elongate members formed at tlie edges of
material. Preferably, the back frame is moulded from a poly­ the cover to interact with the attachment features on the frame
meric material having a polyester base. Preferably, the recy­ 45 described below.
clable polymeric material comprises one or more selected In the form shown, the elongate members 2083 are the
from the group comprising: polyethylene terephthalate, poly­ vertically extending members in the back cover, and the elon­
butylene terephthalate, polyester, recycled polyethylene gate members 2081 are the horizontally extending members
terephthalate, recycled polybutylene terephthalate, recycled in the back cover. The width dimension W1 of the horizontal
polyester, glass filled polyethylene terephthalate, and 50 members 2081 is less than the width dimension W2 of the
recycled glass filled polyethylene terephthalate. Preferably, vertical members. Tlie thickness dimension T1 of the hori­
the cover is also moulded from a polymeric material having a zontal members 2081 is less than the thickness dimension T2
polyester base, such as one ofthe materials outlined above for of the vertical members. That is a result of tlie horizontal
example. Preferably, the cover is moulded from Hylrel. members 2081 being strain oriented a greater amount than the
Cover Attachment to Back Frame 55 vertical members 2083. when the cover is stretched in the
The resiliently flexible compliant cover 61 shown in FIG. direction corresponding to the lengths of the members 2081,
22 is pulled taut and connected to the back frame to provide a as described in our above-referenced PCT publications.
supporting surface for the back of the seated occupant. The Each attachment feature 2071 comprises a hook feature
cover extends over opening O between the upper, lower, and 2073 that has an upright 2073a and an overhang 2913b. with
side members of the back frame. The cover is held in tension 60 the hook extending in a direction away from a first edge 2074
between the upper and lower and side members, and is sus­ of the frame member corresponding to the opening O
pended between the members. The cover is a resilient mem­ between the upper and lower frame members 33. 43. That is,
brane or skin and is preferably generally of the type described the hook feature 2073 is open in a direction away from the
in our above-referenced PCT application, and is stretched so opening O between the frame members. Each attachment
that strain orientation of at least part of the cover occurs. The 65 feature 2073 further comprises a recess 2075 adjacent the
cover is preferably in form of a mesh as shown, but alterna­ hook feature. The recess extends from the first edge 2074 of
tively could be substantially solid. The cover is preferably the frame member corresponding to the opening O, past the
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 4 of 20

US 9,033,421 B2
25 26
hook feature, to an end portion 2075<; beyond the hook fea­ It will be appreciated that a suitable form of clamping
ture. In this embodiment, the frame comprises a shoulder arrangement can be used when stretching the cover, if neces­
2078 on either side of the end portions 2075a of the recesses, sary.
and the shoulder separates the end portions 2075a of the The attachment features 2071 are in an occupant body­
recesses from one another, 'fhe spacing between the shoul­ 5 contacting surface of the frame. As shown in FIGS. 33Z> and
ders corresponds substantially to a width of the portion of the 33e, a forward surface FF of the frame members and the
member 2083 that is received in the end portion of the recess. compliant cover 2061 are flush, to provide a smooth contact
The recess terminates in an end wall 2076 that is spaced surface for the occupant.
from the hook feature. The end wall 2076 comprises an under­ fhe frame members 33. 43 and the compliant cover 61 are
10 provided with additional features to assist with attaching the
cut. such that a portion 2076a of the end wall distal a base
cover to tile frame members. As shown in FIG. 33c, an under­
2075/) of the recess is positioned closer to the first edge 2074
side 2083/) of each vertical member 2083 is provided with a
of the frame member and therefore the opening O than a
curved surface that is complementary to the curved shape of
portion 2076b of the end wall proximal the base 2075/) of the the base 2075/) of the base of the recess. The front top/bottom
recess, as shown in FIG. 33c. The undercut could alterna­ 15 edge of each vertical member 2083 is tapered with a curva­
tively have a different configuration, such as an upright and an ture. As the member 2083 is inserted into the recess, the
overhang for example. curved surface in the base of the member 2083 interacts with
FIGS. 33c-33e show the method ofassembling the support. the curved surface in the base of the recess. This causes the
Initially, at least a portion of, and preferably the entire, hori­ end of the member 2083 to deform, and form an angle corre­
zontal member 2081 of the compliant cover is inserted under 20 sponding to the angle of the undercut. The deformation also
the hook feature 2073. This is performed by stretching the end causes the front top/bottom edge of member 2083 to align
of the cover in a direction away from the frame opening, and with the front lace FF of the frame member, and with the
opening O. in moving the member 2081 into position at least adjacent portion of the member 2083 (as shown in FIG. 33c).
partly under the hook feature 2073. Due to tension in the The deformation also provides a biasing force of member
cover, when the stretching force is released from the end of 25 2081 against the underside of the hook portion.
the cover, tension in the cover will cause the horizontal mem­ Additionally, the end horizontal members 2081 tliat are
ber 2081 to move fully into position under the hook feature positioned beneath the hook features are positioned further
2073, as indicated by arrow Ml in FIG. .33c/. from a front surface of the cover than the remaining horizon­
A portion of the cover is then inserted in the recess. In this tal members 2081a
embodiment, at least a portion of the vertical member 2083 is 30 The configuration of the attachment features and the cover
then inserted into the recess 2075 such that the end 2083a of provide a secure attachment between the cover and the frame
the vertical member abuts the end wall 2076 of the recess members. To remove the cover from the frame members, the
2075. As the members 2083 have some resilience, their ends cover would need to be stretched so the horizontal members
may deform to match the undercut as shown in FIG. 33e. As 2081 clear the hook features 2073. However, the abutment
an alternative, the ends ofmembers 2083 could be pre-formed 35 between the ends 2083a ofthe horizontal members 2083 and
with angled faces corresponding to the undercuts. In an alter­ the end walls 2076 of the recesses resists that movement.
native form, the vertical members may not be continuous, and Additionally, the undercuts minimise the likelihood of the
a vertical member separate from the remainder of the vertical ends 2083a inadvertently being pulled out of the recesses.
member may be inserted in the recess. FIGS. 34a to 34c show a preferred attachment of the side
As the frame member comprises a plurality of the attach­ 40 portions of the cover 61 to the side members SI, S2 of the
ment features, the method will comprise inserting horizontal back frame. Again, the attachment features are integrally
members 2081 under a plurality of the hook features, and moulded into the cover and frame.
inserting a plurality of the vertical members 2083 of the The front FF of the side frame members are each provided
compliant cover into respective recesses, so that their ends with attachment features 2091. Again, each attachment fea­
2083a abut the end walls 2076 of the recesses. Generally, all 45 ture comprises a hook feature 2093. Each hook feature 2093
of the horizontal members 2081 will be inserted under the has an upright 2093a and an overhang 2093/). with the hook
hook features before the members 2083 are inserted into the extending in a direction away from a first edge 2094 of the
recesses so their ends abut the end walls 2076 of the recesses: frame member corresponding to the opening O between the
however, the members 2083 could be inserted one at a time. side frame members. That is, the hook feature 2093 is open in
Hie attachment to the upper frame member will follow the 50 a direction away from the opening O between tile frame
same steps. Again, the order of inserting the members 2081 members. Each attachment feature further comprises a recess
and members 2083 could be varied as described above. 2095 adjacent the hook feature 2093. The recess extends from
Hie order of attaching the cover to the attachment features the first edge 2094 of the frame member corresponding to the
on the upper and lower frame members can be varied. For opening O. past the hook feature 2093, to a position 2095a
example, the support surface could be assembled by inserting 55 beyond the hook feature. These recesses differ in that the end
horizontal members 2081 of the compliant cover under a portions 2095a are not separated by shoulders as they for the
plurality of hook features on the either the upper or lower end portions 95a of the recesses of the top and bottom frame
frame member, and then inserting horizontal members 2081 members. Rather, adjacent end walls are aligned and inter­
of the compliant cover under a plurality of hook features on connect. to fonn a single linear end wall 2096 forthc recesses
the other frame member, and following that inserting the 60 2095.
vertical members into the recesses on both frame members. The end vertical members 2084 on either side of the cover
However, the vertical members could be inserted into the are fomied in a suitable way to cooperate with the attachment
recesses on the first frame member after inserting horizontal features. In particular, the end vertical members 2084 have a
members of the compliant cover under a plurality of hook first relatively thick outer side portion 2084a and a second
features on the first frame member, and prior to inserting 65 relatively thin inner web 2084/). The relatively thin web por­
horizontal members of the compliant cover under a plurality tion 2084/) fits beneath the hook features, and the relatively
of hook features on the further frame member. thick portion 2084a sits substantially flush with the front face
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 5 of 20

US 9,033,421 B2
27 28
FF of the side frame members to form a smooth contact opening, and the end walls of the recesses will be positioned
surface for the occupant. The end horizontal members 208 !</ closer to the opening than to the outer edges of the frame
are partially tapered, as only the portions of the members members.
2081*/ that do not have a corresponding web portion 2084/> Rather than using different attaclunent lea lures for the
will have been strain oriented. 5 upper and lower and side frame members, the cover could be
FIGS. 34o34e show the method of assembling the support attached to all frame members using the same type ofattach­
to the side frame members. Initially, at least a portion of the ment features.
side vertical member, and in this embodiment the web 2084/>, Seat and Seat Depth Adjustment
is inserted under the hook feature 2093. This is performed by A preferred form seat depth adjustment mechanism is
10
stretching the side of the cover in a direction away from the shown in FIGS. 35 to 42 and is indicated generally by refer­
frame opening O, and moving the member 2084 into position ence numeral 401.
at least partly under the hook feature 2093. Due to tension in The seat support 101 forms a seat slide that slidably sup­
the cover, when the stretching force is released from the side ports the seat portion 13. The seat portion is preferably manu­
of the cover, tension in the cover will cause the vertical 15
factured as a single injection moulded component, and pref­
member 2084 to move fully into position under the hook erably includes a seat panel 421, a plurality of resilient
feature 93, as indicated by arrow M2 in FIG. 34</. supports 423 that support the seat portion, and part ofthe seat
Portion 2084*/ of the vertical member 2084 is then moved depth engagement (which in the embodiment shown are
into the recess 2095 such that the outer edge 2084*/ of the channels 407 having left and right forward members 407*/ and
vertical member 2084 abuts the end wall 2096 of the recess 20 left and right rear members 4076). Alternatively, the seat
2095. As the members 2084 have some resilience, their outer panel may be attached to the supports by suitable features
sides 2084*/ may deform to match the undercut as shown in such as clips for example.
FIG. 34e. The seat panel 421 preferably also comprises zones of
In the form shown, the end wall 2096 of the recesses does increased flexibility 425 for receiving an occupant’s ischial
not have an undercut. In this embodiment, the length of the 25 protruberosities. The seat panel is preferably tillable on the
overhang 2093/) of the hook feature, the width of the member resilient supports 423 when a user’s weight is offset, and the
2084. and the abutment of Uie edge of the member 2084 sides and front portion of the seat are preferably resiliently
against the wall are sufficient to maintain the cover in con­ flexible to flex downward under the weight of an occupant’s
nection with the frame member. legs. The reader is referred to our above-referenced PCT
However, again the front outer edge of each member 2084 30 application for further detail on the panel tilting and flexibil­
ity.
is tapered with a curvature. As the member 2084 is inserted
The seat portion 13 is selectively moveable in a forward
into the recess, the curved surface in the base of the member
and rearward direction relative to the supporting frame. File
2084 interacts with the curved surface in the base of the
seat portion has a locked configuration, shown in FIGS. 39a
recess. This causes the member 2084 to deform, and form an 35 and 39d, and a released configuration, shown in FIGS. 396
angle corresponding to the angle of the undercut. The defor­ and 39c. In the locked configuration, forward and rearward
mation also causes the front outer edge of member 2084 to movement relative to the supporting frame is minimised, and
align with the front face FF of the frame member (as shown in is preferably prevented. In the released configuration, for­
FIG. 34c). The deformation also provides a biasing force of ward and rearward movement relative to the supporting frame
member 20846 against the underside of the hook portion. 40 is enabled.
Hie attachment to the opposite side frame member can In the preferred embodiment, the chair has a seat support
follow the same steps. 101 and the seat portion 13 is slidable relative to the seat
In the form shown, the frame is a back frame for a chair and support to provide the selective forward and rearward move­
the top and bottom frame members have one type of attach­ ment of the seat portion. The seat portion 13 is adjustable
ment feature and the side frame members have another type of 45 from the locked configuration to the released configuration by
attachment feature. Alternatively, the frame may be a seat raising a forward portion 403 ofthe seat portion relative to the
frame fora chair. The front and rear seat frame members may seat support. In the embodiment shown, the forward portion
have the attachment features described above for the upper 403 ofthe seat portion is lifted relative to the seat support 101
and lower back frame members, and the side seat frame to release the seat portion from the locked configuration. The
members may have the attachment feantres described above 50 seat support has a pairof rails 405 with one rail 405 extending
for the side back frame members. outwardly from each side. The seat portion comprises mem­
Alternatively, the same attachment feature(s) could be used bers in the form ofchannels 407 that slidably receive the rails.
for attaching a cover to a frame in a different type of article The channels may comprise continuous walls or. as shown,
that has a support. By way of example only, the same attach­ may comprise multiple members making up the channels.
ment fcature(s) could be used to form supports of: baby 55 The configuration could be reversed, with the rails provided
products including car seats, bouncy beds, baby buggies, on the seat portion and members or channels formed on the
cots; trampolines; other furniture such as dental chairs, seat support.
aeroplane seating, stadium seating, outdoor furniture; bed­ The members 407a. 4076 and rails 405 have a closer fit
ding; or automotive seating. toward a rear portion 409 of the seal portion than toward a
In the forms described above, the compliant cover is 60 forward portion 403 of the seat portion. Hie closer fit may be
attached to a body contacting surface of the frame. Alterna­ provided by protrusions that extend into the channels or a
tively. the compliant cover may extend across the opening and narrowing of the channels towards the rear portion. The closer
around an exterior of the frame members. In that embodi­ fit toward the rear portion allows sufficient movement
ment. the recess(es) of the attachment feature(s) preferably between rails and channels at the forward portion of the seat
extend(s) into the frame member(s) from edge(s) ofthe frame 65 portion and the seat support, to enable the seat portion to be
member(s) opposite the opening. In that embodiment, the adjusted to the released configuration by raising the forward
hook feature(s) will be oriented in a direction toward the portion of the seat portion 13 relative to the seat support 101.
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 6 of 20

US 9,033,421 B2
29 30
FIGS. 39a show the dimensions ofa preferred embodiment 415. The seat portion may then be moved forwardly or rear-
configuration. D1 (the thickness ofthe rails 405)=4.5 mm, D2 wardly to the new selected position. The seat portion is then
(the spacing in the channel at a forward end of the mecha- lowered so that the projections 413 will engage the apertures
nism)=7.0 nun. D3 (the spacing in thechannel at a rear end of corresponding to the new selected position.
the mechanism)=5.5 min. D4 (the length of the rails)=21() 5 The seat portion may also have an indicator 417 to indicate
mm. 1)5 (the length ofthe lower end of the channel )=I 32 mm. the portion of the seat portion that should be raised to move
D6 (the length of the upper end of the channel) 193 nun. the seat portion to the released configuration. The indicator
While these dimensions could be readily modified, they are may be a visual indicator, a tactile indicator, or a combination
provided by way of example. thereof. In the preferred embodiment, the indicator comprises
In the form shown, the chair comprises optional bearing 10 a tactile indicator. The tactile indicator is provided on the
members that provide a sliding interface between the mem­ underside of the front of the seat portion, and comprises a
bers 407a. 407/> and the rails 405. In the form shown, the recess to receive a plurality of a user’s fingers. A visual
bearing members 408a. 408/) comprise liners made from a indicator may be provided in a front or upper surface of the
suitable material, such as nylon, Acetal, or polyester for seat portion, such as in a cushion cover for example.
example. As shown in FIGS. 37 and 38. the chair comprises 15 A method of adjusting the seat depth will now be described
two front bearing members 408a (which are preferably in the with reference to FIGS. 39a to 42. FIG. 39a shows the seat
form of channels having side walls and upper and lower portion in a most forward position. To adjust the seat depth,
walls) and two rear bearing members 408/) (which are pref­ the forward portion of the seat lifted, as shown in FIG. 39Z>. In
erably in the form ofchannels having side walls and upper and that position the projections 413 are clear of the recesses 415.
lower walls). The front bearing members 408a are mounted in 20 The scat portion can then be moved to a rearward position.
the front members 407a and the rear bearing members 408/) For example, FIG. 39c is a view similar to FIG. 39/). but with
are mounted in the rear members 407/). The mounting can be the seat portion moved to a most reaward position. It can be
of any suitable type, such as fasteners or adhesive for seen from FIG. 42 that the leaf springs 408c have been flat­
example. The front bearing members provide a sliding inter­ tened (against the bias of the spring) by lifting the forward
face between the members and rails at a forward part of the 25 portion of the seat portion. FIG. 39d shows the forward por­
seat portion and the rear bearing members provide a sliding tion of tlie seat portion lowered so the seat depth is locked. In
interface between the members and rails at a rearward part of that position, the projections 413 engage the recesses 415.
the seat portion. Preferably, the seat portion has a forward position, a reaward
Rather titan being mounted to the members, the bearing position, and at least one intermediate position.
members may be mounted to the rails. The bearing members 30 While the front of the seal portion is resiliently flexible
slidably engage the other of the members and the rails. downwardly under the weight of an occupant’s legs as the
At least one biasing device minimises play between the chair is reclined, in an upward direction the front of the seat
forward portion of the seat portion and the seat support. The portion is sufficiently rigid that a user can I i ft the front edge to
biasing device may be a leaf or compression spring, which enable depth adjustment of the seat portion.
may be integrally formed with either the seat portion or the 35 A cushion ofany suitable type may be supported by the seat
seat support, or may be a separately formed component. In the panel. A cushion cover may also be provided. The cushion
preferred form shown, each front bearing member 408a com­ and cushion cover are preferably recyclable polymeric mate­
prises an integrally formed leaf spring 408< . The leaf springs rial. such as the types described herein for example.
408c act on the rails 405 to bias the forward portion of the seat In this embodiment, the chair comprises a recline mecha­
portion downwardly relative to the seat support, to bias the 40 nism (described below) that is configured to move the seat
seat portion into the locked configuration. support (and thereby the seat portion) upon recline of the back
One of the seat portion and the seat support comprises at portion. Alternatively, seat depth adjustment could be incor­
least one projection 413. and the other of the seat portion and porated into a different type of chair in which the seat support
the seat support comprises a plurality of engagement features is a fixed part of the supporting frame. The seat support may,
415 for the projection(s). In the preferred form shown, the 45 for example, be integrally moulded with a remainder of the
seat portion comprises two engagement features 415 which, supporting frame.
in the form shown, are recesses, and the seat support com­ Arm Assemblies
prises a row of projections 413. The projections could instead In some embodiments, the chair may be provided with ami
be provided in the seat portion and the engagement features in assemblies. Preferred form arm assemblies are shown in
the seat support. Two of the projections 413 engage in the 50 FIGS. 18a to 21a. and are indicated generally by reference
recesses 415 when the seat portion is in the locked configu­ numeral 201. The arm assemblies are preferably attachable to
ration, and do not engage with any of the recesses when the another part of the chair, so that the chair can readily be
seat portion is in the released configuration. configured with or without arm rests as desired.
The chair may comprise two groups of engagement fea­ The arm assemblies 201 are height adjustable arm assem­
tures that are each selectively engageable with at least one 55 blies. The ami assemblies have a support 20.3. and an ami rest
respective projection when the seat portion is in the locked 205 that is slidably supported by the support to provide height
configuration. The projections and engagement features are adjustability of the arm rest on the support. The ami rest
offset toward respective sides ofthe chair from a centre of the supports the ami of a chair occupant. file arm assemblies also
chair, so that at least one projection remains in engagement have a locking mechanism tor locking the arm rest in a
with an engagement feature if the seat portion is in a locked 60 selected height adjusted position relative to the support.
configuration and side loading is applied to the seat portion. The arm rest 205 comprises an arm rest member in the fomi
The engagement features can comprise any suitable type, of a tubular member 221 that telescopically receives the sup­
such as comprise a plurality of recesses or apertures 415 for port 203. The arm rest member 221 has a contoured support
example. The seat portion 13 is adjustable from the locked portion 222 at its upper end, and the contoured support por­
configuration to the released configuration by lifting the for­ 65 tion 222 is positioned to support a substrate 207. A cushion
ward portion of the seat portion relative to the supporting 209 is supported by the substrate. The cushion may be a
frame, which releases the projections 413 from the apertures self-skinning article, or may have a separate cushion cover.
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 7 of 20

US 9,033,421 B2
31 32
Preferably, at least a major part of the arm rest, comprising other than the button 215. The engagement features 217 can
the tubular member 221. support portion 222 and substrate be any suitable type, such as recesses, apertures, or detents for
207 are manufactured from one or more recyclable polymeric example.
materials that can be recycled together. Preferably, the cush­ A clip feature 203b at the upper end of the support 203
ion and (optional) cushion cover are also manufactured from 5 engages with the tubular arm rest member 221 to prevent that
one or more recyclable polymeric materials that can be from being inadvertently separated from the support.
recycled together with the remainder of the arm rest. Alter­ Referring to FIG. 19a. the locking mechanism actuator 206
natively. the cushion (and cover if applicable) may be manu­ is pivotally mounted to the arm rest. The locking mechanism
factured from a material that cannot be recycled with the has projections 223 that are received by corresponding aper­
remainder of the arm rest. The cushion 209 may be attached to 10 tures 225 in substrate 207 of the arm rest. The substrate 207
the substrate in any suitable way. For example, the cushion can be attached to the support portion 222 in any suitable way,
(and optionally the cushion cover) may be connected together such as by welding, clipping, or fastening with fasteners such
by welding, clips, or a combination of welding and clips. The as screws for example.
cushion may be over-moulded onto the substrate 207. The The amt assembly lurther comprises a biasing device to
clips are formed of a recyclable polymeric material. The clips 15 bias the locking member 213 into engagement with the
may be integrated into one of the components. In the embodi­ engagement features 217 of the support. The biasing device is
ment having a cushion and cushion cover, preferably, as the manufactured from a recyclable polymeric material. The
substrate 207 is welded or clipped to support portion 222. a biasing device 207a is preferably integrally formed with the
peripheral edge of a cushion cover is captured between com­ substrate 207. The integrally fonned biasing device may be an
ponents 207 and 222. to mount the cushion and cushion cover 20 integrally fonned leaf spring, for example. Alternatively, the
to the arm rest. biasing device may be a separately fonned component, such
The cushion 209 preferably covers an inner surface of the as a leaf or coil spring, that may be manufactured from a
arm rest to support a chair occupant who is side- or angle­ recyclable polymeric material or a recyclable metallic mate­
sitting in the chair. rial. for example. The biasing device could be integrally
The support 203 is adapted to be supported from another 25 formed with the locking member.
part of the chair as part ofa standalone arm assembly that may In a preferred embodiment, the entire arm assembly is
be attached to the supporting frame or seat for example. In a recyclable, without separating parts of the ann assembly. At
preferred form, the support is mounted to a part 49 of the back least a major part ofthe arm rest 205. support 203. and locking
portion that supports the back portion from another part of mechanism 207 are manufactured from one or more recy­
chair. Alternatively, the support may be part ofa back portion 30 clable polymeric materials, hi the preferred form, the entire
of a chair. The support may have a hook feature 203/) to support, arm rest, and locking mechanism are manufactured
engage with a corresponding feature on said another part of from one or more recyclable polymeric materials. The recy­
the chair. clable polymeric material(s) can be recycled together. Fite
The locking mechanism 206 comprises a locking member recyclable polymeric material(s) preferably comprise mate­
213 that engages with the support 203. and an actuator. In the 35 rials) having a polyester base. The recyclable polymeric
preferred form, the actuator is in the form ofa button 215 that material(s) may comprise one or more suitable materials
projects from an aperture 22 lo in the arm rest. The actuator selected from the group comprising: polyethylene terephtha-
215 and locking member are a single integrally moulded late. polybutylene terephthalate. polyester, recycled polyeth­
component. ylene terephthalate. recycled polybutylene terephthalate.
Hie button 215 is positioned for use by a chair occupant. 40 recycled polyester, glass filled polyethylene terephthalate,
The button is positioned to be substantially aligned (in one and recycled glass filled polyethylene terephthalate.
dimension) with a longitudinal axis L of the support 203. so The arm assembly is mountable to another part of the chair
that a user can apply force in a location substantially aligned by one or more fasteners such as bolts or screws, for example.
with the longitudinal axis of the support, to minimise binding Preferably, the configuration is such that the lastener(s) can
of the arm rest to the support during height adjustment of the 45 be removed to separate the ann assembly from the part ofthe
arm rest. With that configuration, the support/arm rest need chair, and the ann assembly can be recycled without separat­
not have additional bearing features to support the sliding ing parts ofthe arm assembly.
movement, although such bearing features 203c could be Alternatively, the arm rest cushion 209 may be manufac­
incorporated if desired. In the form shown, the bearing fea­ tured from a material that cannot be recycled with the poly­
tures 203c are C-shaped members that clip to the support 203. 50 meric material(s) of the support, remainder of the ann rest,
The button 215 is positioned on an outer side of part of the and locking mechanism. For example, the cushion could be
arm rest. The button is positioned so as to be actuable by a made from any suitable material such as polyurethane, which
chair occupant with a hand on the top of the cushion ofthe arm is a self-skinning polymer. In this embodiment, the cushion
rest. The actuator could be any suitable other type. For would need lo be removed from the remainder ofthe arm rest
example, the actuator may comprise a lever that is adapted to 55 before recycling the remainder ofthe arm rest assembly. One
be pulled upward to release the locking mechanism. That suitable material for this embodiment is Hytrel foam.
enables the height of the arm rest component to readily be By mounting the arm rest posts to the portion of the frame
increased, as the same upward pulling action against the lever that supports the back from the remainder of the chair, any
will additionally lift the arm rest. downward loading through the arm rest posts can be trans­
The support 203 comprises a tubular portion 204. with a 60 ferred directly to that portion of the back and doesn't need to
plurality of engagement features 217 provided in the tubular be acconunodated by the remainder of the back frame.
portion for engagement by the locking member to lock the Recline Mechanism
arm rest. Other configurations could be used, such as a chan­ The features of the recline mechanism are most clearly
nel instead of a tube for example. At least a major part of the seen in FIGS. 3a to 3e and 8a to 8/.' The recline mechanism is
locking mechanism 206 including the locking member 213 is 65 generally similar to the type described in our above-refer­
received in the tubular support 203. In the preferred form, the enced PCT application, and comprises two rear deformable
locking mechanism is completely concealed by the support, members 91 extending between a relatively rearward portion
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 8 of 20

US 9,033,421 B2
33 34
of a seat support 101 and a relatively rearw ard portion of the the reclining action of the back portion. Accordingly, as the
transom 21, thereby operatively connecting a rearward por­ rearward force is removed from the back portion, the occu­
tion of the seat portion and the supporting frame. However, pant’s weight will cause the back portion to return to the
the recline mechanism has some features that differ from that upright position.
described and shown in the above-referenced PCT applica­ 5 The front and rear deformable members may increase in
tion. angle by between about 15 and about 16 degrees (measured
The mechanism further comprises two front deformable between the mounting points at each end of the deformable
members 93 extending between a relatively forward portion members) as the back portion is reclined.
of the seat support 101 and a relatively forward portion of the The features of the recline mechanism may otherwise be of
transom 21, thereby operatively connecting a more forward 10 the type described in our above-referenced PCT application.
portion of the seat portion and the supporting frame. The The transom 21 is provided with two stops 103 to at least
mechanism further comprises a lower deformable member 95 partly support the weight of the seated occupant on the seat
connecting a lower part 49 of the back portion to the transom portion 13 via the supporting frame when the back portion is
21, and a puller member 97 above the lower deformable not being reclined. In a similar manner to the front deform­
member, with the recline mechanism configured such that as 15 able members, the stops 103 are elongate members having a
the back portion of the chair is reclined, the lower deformable forward portion to support the seat portion and a rear portion
95 member deforms and the puller member applies a rearward operatively connected to the supporting frame (via the tran­
pulling action which causes the seat portion to move and the som 21). and the stops extend predominantly in a forward-
front 93 and rear 91 deformable members to deform. rearward direction of the chair but diverge from their rear
'Hie lower deformable member 95 extends rearwardly from 20 portions to their forward portions. As can be seen from FIG.
the main transom 21 of the chair to portion 49 of the back Se, the stops are preferably integrally formed as part of the
support, thereby operatively connecting a lower part of the transom 21. and are suitably substantially rigid. Alternatively,
back portion and the supporting frame. The lower deformable the slops could be separate components connected to the
member can be connected to the back support and transom by transom.
any suitable means, but is preferably connected by screws that 25 The stops 103 have a convex curvature relative to a position
self-tap into the polymeric material of the back frame. The beneath the stops.
lower deformable member is in the form of a panel which The stops 103 are positioned adjacent the front deformable
extends substantially the width of the main transom. members, and in the form shown are positioned inwardly of
Tlte puller member 97 extends from a rearward part of the the front deformable members 93. Alternatively, the stops
seat support 101 to portion 49a of the back support, thereby 30 could be provided outwardly of the front deformable mem­
operatively connecting the back portion to the seat portion. bers 93.
The puller member can be connected to the back support and The configuration of the stops directs loading from a seated
seat support 101 by any suitable means, but is preferably occupant toward the height adjustment pedestal 17. which is
connected by screws that self-tap into the polymeric materials received in cavity 21a of the transom.
of tlie back portion and seat portion. 35 The transom 21 also includes two additional stops 104 that
The front 93 and rear 91 deformable members are con­ are formed by the upper surfaces of upright wall portions of
nected to the transom 21 and seat support 101 by screws. the transom. Tlte additional stops 104 support a more rear­
In the recline mechanism of the present invention, the front ward part of the seat support 101. and thereby a more rear­
deformable members 93 are elongate members having a for­ ward part of the seat portion 13, when the back portion of the
ward portion 93a connected to the seat support 101 and a rear 40 chair is not being reclined.
portion 93/> connected to the transom 21. and the two front The stops could be formed in any other suitable configu­
deformable members extend predominantly in a forward- ration. such as a single continuous surface for example.
rearward direction of the chair but diverge from their rear Upright wall portions 216 extend across the back of the
portions 93b to their forward portions 93a such that their transom, and are integrally formed therew ith. The upright
forward portions 93a are spaced further apart than their rear 45 wall portions 216 support a rear part 96 of the llylrel over­
portions 93b. By having the front deformable members moulding that incorporates the rear deformable members 91.
diverging as shown, they twist as the seat portion is lifted the forward deformable members 93, and the bottom deform­
during recline of the back portion. That provides greater able member 95. Within the over-moulding, forward deform­
stiffness in the front deformable members than if they able members 93 are connected to rear deformable members
extended only in a forward-rearward direction. 50 91 by separator components 94, that comprise generally hori­
Preferably, the angle between a forward/rearward centre­ zontal portion 94a and generally vertical portion 946.
line of the chair and each front deformable member (when The upright wall portions 216 also cooperate with part of
looking down in plan view) is between about 10 degrees and the back portion, to define maximum recline position of the
about 30 degrees, more preferably between about 20 degrees back portion. In the form shown (FIG. 22), a forward portion
and about 30 degrees, more preferably about 26 degrees. That 55 of the back portion immediately below region 49a comprises
is. the included angle between the front deformable members an engagement face, that engages with the upright wall por­
may be between about 20 degrees and about 60 degrees, more tions 216 to define the maximum recline position of the back
preferably between about 40 and about 60 degrees, more portion.
preferably about 52 degrees. As can be seen in FIG. 3e. the front deformable members
The rear flexing members 91 also diverge, but to a lesser 60 and the rear deformable member(s) are configured to deform
extent than the front deformable members. into a generally sinuous shape as the back portion of the chair
The pulling action caused by the puller 97 causes the seat is reclined.
portion 13 to lift and move rearwardly. The puller member is It will be appreciated that this recline mechanism can be
preferably also deformable, although that is not essential. incorporated into a chair that does not have a depth adjustable
Because at least a major part—namely at least the rearward 65 seat portion.
part—of the seat portion lifts and moves rearwardly as the By using deformable members in the recline mechanism,
back portion is reclined, the occupant’s weight compensates the mechanism can be tuned to obtain a desirable reclining
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 9 of 20

US 9,033,421 B2
35 36
action. For example, the deformable members can be formed configured such that as the shuttle slides through at least part
to provide variable resistance throughout the reclining of the recess, said at least part of the shuttle is compressed.
action—such as greater resistance toward the reclined posi­ Friction between the shuttle and the recess resist movement of
tion for example. Further, the members can be formed to the shuttle in the recess.
provide a seat movement with or without a change in seat 5 In tlie form shown (FIG. 17a, 176), the shuttle comprises a
angle, and with or without an arcuate movement, depending body 353 that may be injection moulded from a suitable
on the action required. relatively rigid polymeric material, such as Nylon for
Recline Resistance Mechanism example. The shuttle body comprises a first engagement sur­
The recline mechanism preferably incorporates a recline face 355a and a second engagement surface 3556. which
resistance mechanism 301. A preferred form is shown in 10
engage with the first engagement surface 315c and second
FIGS. 8a to 176. Hie recline resistance mechanism is indi­
engagement surface 31 Sc respectively ofthe recess, when the
cated generally by reference numeral 301. As described
shuttle slides in the recess.
above, the back portion is reclinable relative to the supporting
frame between a generally upright position GU and a gener­ The first engagement surface 355a and second engagement
ally reclined GR position. FIG. 3c shows those positions. 15
surface 3556 of the shuttle can be of any suitable shape and
FIG. 3c also shows the position of the seal when the back configuration. Preferably, the first and second engagement
portion is in the upright position (and is labelled as SGU), and surfaces of the shuttle comprise arcuate surfaces. As an alter­
the seat when the back portion is in the reclined position (and native. the first and second engagement surfaces of the shuttle
is labelled SGR). could comprise relatively sharp steps.
'Hie recline resistance mechanism 301 assists with main­ 20 The shuttle comprises a resilient member 357 in the form of
taining the back portion in the generally upright position by a block that is housed at least partly within a body portion the
providing a resistance force. In the embodiment shown, the shuttle. As can be seen in FIG. 106 for example the resilient
recline-resistance mechanism is provided between the seat member is mounted in a recess 359 of the housing, and part of
support 101 of the seat portion 13 and the transom 21 of the the resilient member 357 projects from the body portion ofthe
supporting frame. 25 shuttle to contact the first surface 313 of the recess. The
As shown in FIG. 10c, the recline resistance mechanism resilient member 357 contacts the first surface 313 of the
comprises a recess 311 in a first chair component—in this recess to provide frictional contact therebetween. In an alter­
case in the seat support 101. native embodiment, a suitable frictional surface may be
As shown in FIG. 10c, the recess 311 has a first surface attached to the resilient member, with at least part of the
provided by a wall 313. and a second opposed surface pro­ 30 frictional surface projecting from the body 353 of the shuttle
vided by a wall 315. In the form shown, the first surface 313 and contacting the surface 313 of the recess to provide fric­
is planar, and the opposed surface 315 is stepped. tional contact therebetween.
The recess opposed surface has a first portion having a The resilient member can be made from any suitable mate­
relatively large dimension between a first wall 315c and the rial. such as rubber or polyurethane for example. In an alter­
first surface 313. a second portion having a relatively small 35 native, the resilient member could comprise a spring member,
dimension between a second wall 3156 and the first surface such as a compression spring or leaf spring for example, with
313. and a transition surface 315c between the first wall 315c a frictional pad attached to the spring. In that alternative, the
and the second wall 3156. The first wall 315c and second wall spring could comprise a suitable polymeric material such as
3156 are preferably substantially parallel to the opposed first acetyl or nylon for example, or could comprise a metallic
surface 313. The transition surface 315c form a first engage­ 40 material, it is preferred that the part of the shuttle comprising
ment surface of the recess, that engages with a corresponding the engagement surface(s) 355a, 3556 is substantially rigid,
first engagement surface on the shuttle, as will be described to prevent or minimise deformation of the engagement sur­
below. faces.
The recess has a third portion of a relatively larger dimen­ However, in an alternative embodiment, substantially the
sion than the first portion and second portion ofthe recess, the 45 entire shuttle could be resilient.
third portion being formed between a third wall 315rf and the An engaging member 371 is operatively connected to a
first surface 313. T he first portion of the recess is positioned second chair component—in this case to the transom 21. The
between the second portion and third portion of the recess. A engaging member 371 is actuable to selectively operatively
transition surface .315c is positioned between the third wall engage the shuttle 351 or to selectively release the shuttle 351.
31 Srfand the first wall 315c. The third wall 315</is preferably 50 When the engaging member 371 is selectively operatively
substantially parallel to the opposed first surface 313. The engaged with file shuttle as shown in FIG. 1 la for example,
transition surface 31 Sc- forms a second engagement surface of movement between the shuttle 351 and the transom 21 is
the recess, that engages with a corresponding second engage­ restrained, so that upon movement of the back portion of the
ment surface on the shuttle, as will be described below. chair toward the generally reclined position GR, the shuttle
The first engagement surface 315c and second engagement 55 351 is caused to slide S in the recess 311, with friction
surface 315c of the recess can be of any suitable shape and between the resilient member 357 of the shuttle and the sur­
configuration. In a preferred form, the first and second face 313 ofthe recess applying a resistance against movement
engagement surfaces of the recess comprise arcuate surfaces. of the back portion toward the generally reclined GR position.
As an alternative, the first and second engagement surfaces of When the engaging member 371 is released from the
the recess could comprise relatively sharp steps. 60 shuttle 351, the recline resistance mechanism applies no
The recess can be in any suitable form. For example, the resistance against movement of the back portion toward the
sides of the recess could be closed or open, as could the upper generally reclined GR position. When the engaging member
end ofthe recess. The recess could be in the form of a channel 371 is disengaged from the shuttle 351, the shuttle does not
having one open side, or could be substantially tubular having slide in the recess as the back portion of the chair is reclined,
no open sides. 65 as shown in FIG. 106. The shuttle 351 is free to move with the
A shuttle 351 is slidably engaged w ith the recess 311 in the seat support 101, and is not restrained by the engaging mem­
seat support 101. At least part of the shuttle is resilient and ber.
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 10 of 20

US 9,033,421 B2
37 38
As shown in FIGS. 16<j lo 16c, the engaging member 371 reclined position OR, as well as from the reclined positionGR
is pivoted to the transom 21 via pivot features 381u, 381/>. toward the generally upright position GU. due to friction
The engaging member 371 and the shuttle 351 comprise between the shuttle and recess.
complementary engagement features. In the form shown in FIG. 10a shows the engaging member 371 in a disengaged
FIGS. 16/) and Mb, the engagement features comprise 5 position. As the back portion of the chair is reclined, the
respective hook features 373. 359, but any other suitable shuttle 351 is not restrained by the engaging member 371 and
configuration could be used. therefore the shuttle 351 is not caused to slide in the recess
Tlie chair comprises an actuator 1201 that enables a user to 311 as the back portion of the chair is reclined to the generally
engage or disengage the recline resistance mechanism. The reclined position represented by FIG. 106.
actuator 1201 is operatively connected to the engaging mem­ 10 FIG. 11 shows the engagement member 371 is engaged
ber 371 by an overload protection device as will be described with the shuttle 351. That figure represents the back portion
below. ITie actuator 1201 is movable between an engaging being in the generally upright position GU. In that figure, the
position corresponding to an engaged position of the engag­ shuttle is positioned at an upper portion of the recess. FIG.
ing member and the shuttle (shown in FIG. 11a), and a dis­ 12c shows tlie recline resistance mechanism when the back
engaging position corresponding to the disengaged position 15 portion of the chair is in the generally reclined position GR. It
of the engaging member and the shuttle (shown in FIG. 10a). can be seen that the shuttle 351 has been pulled downwardly
The chair comprises a single actuator 1201 for actuating within the recess, as a result of the engaging member 371
the recline resistance mechanism 301 and a height adjust
restraining movement of the shuttle 351 away from the tran­
mechanism 17 of the chair. The single actuator comprises a
som 21.
lever positioned generally beneath a seating surface of the
20 FIGS. 12a-12e show tlie staged movement of the shuttle
chair. The lever is pivotable about a first axis to control the
height adjust mechanism and is pivotable about a second axis 351 in the recess 311. FIG. 12a shows the recline resistance
to control the recline resistance mechanism. As shown in FIG. mechanism upon initial recline of the back portion from the
15/). movement of the lever 1201 in direction A will actuate generally upright position GU toward the generally reclined
the recline resistance mechanism. position GR. As the first engagement surface of the shuttle
Referring to FIG. 15a. the lever 1201 has a paddle portion 25 355a engages with the first engagement surface 315c of the
1201a for receiving an occupant’s fingers, and an actuating recess upon initial recline of the back portion toward the
portion 1201/) for actuating the height adjust mechanism. generally reclined position GR. the first engagement surfaces
When the paddle portion is lilted (direction B in FIG. 15b), 315c. 355a cause a first portion 357a of the resilient member
the lever moves about a generally horizontal axis and the 357 to be compressed. Tlie frictional force between the mem­
actuating portion 1201/) pushes down on a release member of 30 ber 357 of the shuttle 351 and the first surface 313 of the
the height adjust mechanism, to enable the height of the seat recess 311 increases due to compression of that first part 357a
portion to be adjusted. of the member.
The lever 1201 further has a second actuating portion As the second engagement surface 3556 of the shuttle
1201c for receiving the end of a member that operatively engages with the second engagement surface 315c of the
connects the lever to the engaging member 371. In the form 35 recess upon further recline of the back portion toward the
shown, that member comprises a torsion spring 391. One end generally reclined position GR, the second engagement sur­
of the torsion spring 391 is received in the actuating portion faces 3356. 315c cause a second portion 3576 of the resilient
1201c of the lever, and the other end of the torsion spring is
member 357 to be compressed, as shown in FIG. 126. The
received in an aperture 375 in the engaging member 371. A
frictional force between the shuttle and the recess increases
body of the torsion spring 391 is mounted on an upstand 21a
40 further due to that further compression of the resilient mem­
in the transom, as shown in FIG. 9c.
When the lever 1201 is moved about a generally vertical ber 351.
axis and in direction A in FIG. 15b, the second actuating As shown in FIGS. 126 and 12c, the first portion 357a of
portion 1201c moves an end of the torsion spring 391. The the resilient member remains compressed when the second
movement in direction A is preferably indexed. portion 3576 is compressed. Therefore, the total amount of
The lever is preferably provided as two separable compo­ 45 compression of the resilient member is greater, and thereby
nents.'lb mount the lever 1201 to the transom 21a, the portion the frictional force between the shuttle 351 and the recess 311
of the lever 1201/) is positioned within the transom. That is greater, when the second portion 3576 of said at least part
portion carries the two horizontally extending projections of the shuttle is also compressed than when only the first
that can be seen in FIG. 15a between portion 1201a and portion 357a of said at least part of the shuttle is compressed.
12016. The transom comprises a cavity for receipt of the 50 In the preferred configuration, the frictional force that must be
projections. The portion 1201a can then be inserted through overcometo move the shuttle351 in tlie recess 311 is between
an aperture in the transom and comiected to portion 12016. about 1177 Newtons (about 120 kg) and about 1471 Newtons
The two horizontal projections on the lever define a horizon­ (about 150 kg), when the lirst 357a and second portions 3576
tal axis for the lever. One of the horizontal projections will be of said at least part of the shuttle is compressed. In the pre­
a relatively tight fit in the cavity in the transom. The other 55 ferred configuration, the force applied by said at least part of
horizontal projection will be a relatively loose fit, which the shuttle 353. in a direction perpendicular to the direction of
provides the movement about a vertical axis. Detents will be
travel of the shuttle in the recess, is between about 3922
provided in the transom to index movement of the projection
Newtons (about 400 kg) and about 4413 Newtons (about 450
that is a relatively loose fit.
The upstand between the two portions of the lever that is kg), when the first 357a and second portions 3576 of said at
visible in FIG. 15a acts against the transom to bias the lever 60 least part of the shuttle is compressed.
into a released position in which it does not actuate the height As shown in FIG. 12c. upon further movement of the back
adjust mechanism. portion toward the generally reclined position GR. the second
Any other suitable type of actuator could be used. engagement surface 3556 of the shuttle slides along the first
When the engaging member 371 is selectively operatively wall 315a of the recess. Throughout that movement, the resil­
engaged with the shuttle 351, the recline resistance mecha­ 65 ient member 357 remains fully compressed, with the maxi­
nism resists movement of the back portion of the chair from mum frictional force being applied between the shuttle 351
the generally upright position GU toward the generally and the recess 311. The second engagement surface 3556 of
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 11 of 20

US 9,033,421 B2
39 40
the shuttle is in contact with the first wall 315a of the recess, spring and the actuator and engaging member, one or more
throughout the majority of the movement of the back portion flexible elongate members, such as cables, could connect the
of the chair toward the generally relined position. The torsion spring to the actuator and the engaging member.
engagement ofthe first engagement surface ofthe shuttle with In the form shown, the recess and shuttle are provided in
the first engagement surface of the recess, and of the second 5 the seat support 101. and the engaging member 371 is
engagement surface of the shuttle with the second engage­ mounted to the transom. The seat support represents a first
ment surface of the recess, occurs during only the initial chair component, and the transom represents a second chair
movement of the back portion from the generally upright component.
position GU toward the generally reclined position GR. The first and second chair components can be any suitable
The generally reclined position GR of the chair is deter­ 10 components, provided the first and second chair components
mined by stop(s ) in the chair, rather than by movement of the move relative to each other upon reclining of the back portion.
shuttle in the recess. Therefore, the chair stop(s) will prevent For example, one of the components may be a supporting
further recline of the back portion before the second engage­ frame of the chair, and the other component may be any
ment surface 355b of the shuttle contacts the first engagement component that is adapted to move upon recline of the back
surface 315c of the recess. 15 portion toward the generally reclined position, such as a seat
As shown in FIG. 12c. a projection 358 at the base of the portion, seat support, or the back portion for example.
shuttle engages on the transom 21. to cause the shuttle to slide The configuration shown in this preferred embodiment
upwardly in the recess as the back portion is moved from the could be reversed, with the recess and shuttle being provided
generally reclined position GR back to the generally upright in the transom and the engaging member mounted to the seat
position GU. Again, there will be frictional restraint caused 20 support.
by the resilient member 357 sliding on the first surface 313 of In an embodiment ofchair having a reclinable back portion
the recess, as the recline resistance mechanism returns to the but which does not move the seat portion upon recline of the
position shown in FIG. 10a. back portion, said first chair component may be one of the
Rather than having two engagement surfaces in the recess supporting frame and the back portion, and said second chair
and on the shuttle, single engagement surfaces could be pro­ 25 component may be the other of the supporting frame and the
vided. However, two engagement surfaces are preferred, as back portion.
they provide a smoother action of the recline resistance The recline resistance mechanism could be used in a chair
mechanism. having a different type ofrecline mechanism to that described
Tlte shuttle and recess may be configured as shown, such herein.
that the first engagement surfaces cause a leading portion of 30 Castored Base
the resilient member to be compressed, in the direction of Referring to FIGS. 43 to 48. the chair includes a castored
sliding movement of the shuttle in the recess upon recline of base 11. The castored base has a body with a central portion
the back portion. However, in an alternative embodiment, a 1003 and a plurality of legs 1005 extending radially out­
trailing portion of the resilient member could be compressed wardly therefrom. The castored base comprises five legs
before the leading portion. 35 extending from the central portion. The central portion pro­
The torsion spring 391 acts as an overload protection vides support for a height adjustment spring 17. Each leg has
device. an end 1007 proximal the central portion 1003, an end 1009
Due to interference between the hook features 373.359 on distal the central portion 1003. A castor 1010 (FIG. 3o) is
the engaging member 371 and the shuttle 351. the engaging operatively supported for rotation at or adjacent the distal end
member 371 can only be disengaged from the shuttle 351 40 of each leg. Each leg has an upper surface 1011 and a lower
when the back portion of the chair is in the generally upright surface 1013.
GU configuration and is substantially unloaded. As shown in Each leg additionally has a flange 1015 positioned near a
FIG. 14a. the overload protection device 391 is configured to lower portion 1006 of the leg. In the preferred embodiment
bias the engaging member toward a disengaged position from shown, each leg 1005 has two flanges 1015 that form part of
the shuttle when the actuator is in the disengaging position. 45 the lower surface 1013 of the castored base, and that extend
That biasing is represented by arrow' B1 in FIG. 14a. How­ transversely outwardly from a base ofa respective sidewall of
ever, it is not until the back portion returns to the generally the leg. The flanges extend outwardly from the leg and extend
upright configuration GU and is substantially unloaded, that substantially the entire length of the distance of the leg
the biasing B1 will disengage the engaging member 371 from between the proximal end and the distal end.
the shuttle 351. 50 Each leg has side walls 1017 extending between the proxi­
The engaging member 371 can only be engaged with the mal end and the distal end. Each leg has a cavity 1019
shuttle 351 when the back portion is in the generally upright between the side walls 1017. The side walls 1017 diverge
configuration GU and is substantially unloaded. As shown in from their upper ends to their lower ends. Referring to FIG.
FIGS. 13a and 1.36, the overload protection device 391 is 46, the side walls and flanges form an inverted U shape. The
configured to bias the engaging member 371 toward an 55 flange has a wall thickness that is equal to or greater than a
engaged position with the shuttle 351 when the actuator is in wall thickness of the side walls.
the engaging position. That biasing is represented by arrow When an occupant is sitting on the chair, a bending load is
B2 in FIG. 13a. However, it is not until the back portion applied to the legs 1005 of the base. The maximum compres­
returns to the generally upright configuration GU and is sub­ sive stress is found at the uppermost surface 1011 of the legs
stantially unloaded, that the biasing B2 will engage the 60 and the maximum tensile stress is located at the lowermost
engaging member 371 with the shuttle 351. When the back surface 1013 of the beam. The stresses have a variation
portion returns to the generally upright position GU and is between the uppermost surface and the lowermost surface.
substantially unloaded, the engaging member will engage There is no bending load between the uppermost portion and
with the shuttle (as shown in FIG. 11a). the lowermost portion at a neutral axis.
Tlie overload protection device could be any other suitable 65 By providing flanges 1015 at the lowermost portion of the
form, such as a different type of biasing device, or a different leg. the neutral axis is moved closer to the lower portion of the
type. Rather than direct connection between the torsion leg. This allows the base to have less material than a compa-
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 12 of 20

US 9,033,421 B2
41 42
rable conventional base while maintaining the same ability to one of the recyclable polymeric materials described below.
withstand load. It also provides for a low profile section. The insert is preferably moulded into the transom. The insert
The side walls may be generally concave when viewed has external key detail, to enable the insert to be removed
from the side of the leg. Alternatively, the side walls may be from the transom for recycling, hi an alternative embodiment,
generally convex or Hat. The base may include ribs 1021 5 the insert may be mounted to the transom by fasteners such as
extending between the side walls of the leg 1005, and may screws, and may be readily removable from the transom 21 by
include elongate ribs 102 lu extending substantially the removing fasteners such as screws so the transom and
length of the legs. attached components can be recycled after use.
In an alternative embodiment, the flanges 1015 may extend In alternative configurations, the stops may not be pro­
along a major portion ofa distance between the proximal end 10
vided. Instead, a metallic ring may surround the exterior of
and the distal end. In other alternative embodiments, the
the tapered cavity of the castored base, and may be easily
flanges may extend inwardly towards the cavity or be posi­
removable using standard hand tool(s) to enable recycling of
tioned toward a lower portion ofthe leg so that part of the side
walls extend below the flanges. the base.
In the preferred embodiment, the body comprising the 15
The height adjustment mechanism may be any suitable
central portion 1003 and plurality oflegs 1005 comprises an type, such as a pneumatic spring, hydraulic spring, or
integrally formed component. The body is preferably formed mechanical spring, for example.
from a polymeric material, and is preferably injection moul­ Knock Down/Kit
ded. The polymeric material may be a recyclable material, The preferred embodiment chair is provided as a kit of
such as those described below. Alternatively, the base may be 20 parts that can be assembled into a chair by an end user. The kit
cast from a metallic component. comprises a number of separate components, as represented
Referring to FIG. 49. the castored base 11 supports a height schematically in FIG. 50a.
adjustment mechanism 17. The height adjustment mecha­ The first component comprises the transom 21. recline
nism has a member 1025 with an external taper that converges mechanism, seat support 101. and back portion 15. The sec­
from an upper end 1027ofthetapertoa lower end 1029ofthe 25 ond component comprises the seat portion 13. The third com­
taper. The member further has a first stop in the form of a ponent comprises the castored base 11. The fourth component
shoulder 1031 near the upper end of the taper. comprises the height adjustment mechanism 17.
Tlie central portion 1003 of the castored base 11 defines an The first, second, third, and fourth components can be
internal tapered cavity 1033 for receiving the external taperof assembled into a chair by an end user by mounting the fourth
member 1025 of the height adjustment mechanism 1023. The 30 component to the third component, mounting the first com­
internal taper 1033 converges from an upper end 1035 of the ponent to the fourth component, and mounting the second
taper to a lower end 1037 of the taper. The castored base has component to the first component.
a second stop in the form of a shoulder 1039 near the upper Hie first, second, third, and fourth components will pref­
end of the internal tapered cavity. erably each be pre-assembled or pre-formed components,
When the height adjustment mechanism 17 and the cas­ 35 with the four components being provided separately in the kit.
tored base 1001 are initially assembled, the shoulder 1031 of By providing the seat portion 13 as a separate component in
the member of the height adjustment mechanism is spaced the kit, the packing size can be significantly reduced over the
apart from the shoulder 1039 of the castored base. Hie spac­ size that would be required if the seat was preassembled with
ing is about 5 to about 20 mm when initially assembled. Over the seat support, recline mechanism, transom, and back. The
an extended period of time, the tapered member may move 40 kit may be provided in one or more packages.
towards the castored base because of creep of the polymeric The first component also comprises an actuator 1201 for
material of the base. The shoulder of the castored base is use by a seated occupant to adjust the height of the height
configured to engage and support the shoulder of the height adjustment mechanism. In the form shown, the actuator 1201
adjustment mechanism if the member of the height adjust­ is a lever. As shown in FIG. 8a. the actuator is preferably in the
ment mechanism moves downwardly relative to the castored 45 form of an elongate polymeric material lever 1201 that is
base over time. The shoulder prevents the height adjustment pivotally mounted to the transom 21. The actuator self-adjusts
mechanism from striking the floor. to a desired position relative to the height adjustment mecha­
Hie internal taper of the cavity 1033 substantially corre­ nism 17 when the first component is mounted to the fourth
sponds to the external taper of the tapered member 1025. The component. When the height adjustment mechanism is
tapers of the member and the tapered cavity have a substan­ 50 mounted to the transom, the inner end of the actuator 1201
tially circular cross section. Alternatively, the tapers of the will move to sit against the top of the height adjustment
member and cavity may have any other suitable cross section, mechanism release member 17a. To adjust the height of the
such as square, rectangular or oval, for example. chair once assembled, the user will pull upwardly on the outer
In the preferred embodiment shown, the shoulder 1039 is end of the lever, which will cause the inner end to push on the
integrally formed with the central portion 1003 of the cas­ 55 member 17a to actuate the height adjustment mechanism.
tored base 11. Alternatively, the shoulder may be a separately The lever will be biased to the released position by the mem­
formed component, such as a ring or tubular component. ber 17a.
The first and second stops could be in any suitable form. As described above, in some embodiments the chair may
For example, rather than being shoulders, the first stop could be provided with arm assemblies 201. For those embodi­
be a bottom surface of the member, and the second stop may 60 ments, the kit will include a pair of ami assemblies. The arm
bea basemember in the internal tapered cavity of the castored assemblies will be pre-attached to the back portion and form
base. Upon initial assembly of the member to the castored part of the first component. The chair can be assembled from
base, there will be a gap between the first and second stops. the kit parts in any suitable order. In the preferred embodi­
The upper end of the height adjustment mechanism is ment, the second component is mountable to the first compo­
mounted to the transom 21 via a metallic insert 1101 that is 65 nent, the fourth component is mountable to the third compo­
received in the transom. The insert will typically be a metallic nent. and the first component is mountable to the fourth
material such as zinc for example. The transom is preferably component, without the use of tools.
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 13 of 20

US 9,033,421 B2
43 44
In the preferred embodiment, substantially the entire first each substantially manufactured from one or more compat­
component, substantially the entire second component, and ible recyclable polymeric materials.
substantially the entire fourth component, comprise recy­ As described above, the supporting frame has a castored
clable polymeric materials as described below. base. In the preferred embodiment, at least a major part of the
To assemble the chair from the kit of parts, the fourth 5 castored base is manufactured from one or more recyclable
component is mounted to the third component (FIG. 50/;). the polymeric materials. The central portion and integrally
first component is mounted to the fourth component (FIG. formed legs and flanges are manufactured from a recyclable
50c), and the second component is mounted to the first com­ polymeric material having a polyester base or from nylon for
ponent (FIG. 50</). example. The castors or wheels of the base may necessarily
The components can be assembled in any desired order. 10 have metal pins or shafts, and may need to be separated prior
For example, the second component may be mounted to the to recycling ofthe base. Alternatively, those components may
first component prior to mounting the first component to the be manufactured from one or more recyclable polymeric
fourth component, and the first component may be mounted materials.
to the fourth component prior to mounting the fourth compo­ As described above, the supporting frame further com­
nent to the third component. However, it is preferred that the 15 prises a height adjustment mechanism. The height adjustment
steps are carried out in the order outlined in the paragraph mechanism will generally not be recyclable with the remain­
above. der of the chair; although the metallic components of the
'Hie chair may be disassembled so that such that substan­ height adjustment mechanism can be recycled with the metal­
tially the entire chair can be recycled. To disassemble the lic screws that are used to hold together other parts of the
chair, the second component is separated from the first com­ 20 chair, as well as castor axles and any other metallic compo­
ponent, the first component is separated from the fourth com­ nents.
ponent. and the fourth component is separated from the third As described above, the supporting frame comprises a
component. The step of disassembling the chair is preferably transom 21 having a cavity. The upper end of the height
carried out without the use of tools or using standard hand adjustment mechanism is received in a metallic insert in the
tool(s). 25 cavity in the transom. The insert is removable from the tran­
To recycle the chair, the components will be separated as som by removing fasteners such as screws or by unscrewing
outlined in the paragraph above. The screws that attach the the insert from the transom, to enable the transom and com­
front 93 and rear 95 defonnable members of the recline ponents connected to the transom to be recycled. The insert
mechanism to the seat support 101 will be removed, and the may be formed from a suitable metallic material, such as zinc,
back portion 15 will be unscrewed from the lower deformable 30 aluminium, or steel.
member 95 mid the puller member 97. The screws that attach As described above, the chair may be provided with height
the puller member 97 to the scat support 101 will be removed. adjustable arm assemblies. In the preferred embodiment, at
The metallic insert 1101 will be removed from the transom least a major part of the arm assemblies are formed from one
21. mid the castors and pins will be removed from the castored or more recyclable polymeric materials. The ami assemblies
base. If necessary the back cover 61 will be removed from the 35 are separable from the remainder of the chair, for example, by
back frame. Parts of the recline resistance mechanism will be removing fasteners. The ami assembl ies are made from one or
removed. The arm rests 201 will be disconnected from the more recyclable polymeric materials so that once the ami
back portion by removing the fasteners. All of these steps can
assemblies have been separated from the remainder of the
be carried out without tools or using standard hand tool(s)
chair, each ami assembly, other than the arm rest cushion, can
such as a screwdriver and hammer.
40 be recycled as one unit without further disassembly. In an
The majority of the polymeric components (in the pre­
ferred embodiment, all that have a polyester base) can be alternative embodiment, the ami rest cushion can be recycled
recycled together, and the metallic components can be with the remainder of the arm assembly.
recycled together. The recyclable polymeric material(s) used for at least a
Recycled and Renewably Sourced Materials major part of the chair can be recycled together. In the pre­
At least a major part of the chair is manufactured from one 45 ferred embodiment, the recyclable polymeric materials)
or more materials that contain(s) recycled or renewably comprise material(s) having a polyester base. The recyclable
sourced content. “Renewably sourced content” is content that polymeric material(s) comprise one or more selected from the
is sourced from a renewable resource, such as a renewable group comprising: polyethylene terephthalate (PET), polybu­
crop for example. Renewably sourced content differs from tylene terephthalate (PBT), polyester (PE), recycled polyeth­
petrochemical-sourced content that is generally not renew­ 50 ylene terephthalate, recycled polybutylene terephthalate.
able. One example of renewably sourced content is corn recycled polyester, glass filled polyethylene terephthalate,
starch. and recycled glass filled polyethylene terephthalate.
Preferably, at least a major part ofthe chair is manufactured Preferably, at least about 60% of the chair, by weight,
from one or more materials that contain(s) content from a comprises one or more polymeric materials that contain(s)
rapidly renewable resource. A rapidly renewable resource is a 55
recycled or renewably sourced content. Preferably, at least
resource that can be harvested in less than 5 years from about 70% of the chair, by weight, comprises one or more
planting. polymeric materials that contain(s) recycled or renewably
it will be understood that the materials having recycled or sourced content. Preferably, at least about 80% of the chair,
renewably sourced content may also contain some virgin or by weight, comprises one or more polymeric materials that
non-recycled, non-renewably sourced content. The virgin or contain(s) recycled or renewably sourced content.
60 Preferably, the amount of recycled or renewably sourced
non-recycled, non-renewably sourced content may be petro­
chemical-sourced content. content in the chair is at least about 40%. by weight. Prefer­
It is preferred that a major part ofthe chair uses compatible ably. the amount of recycled or renewably sourced content in
recyclable polymeric material(s) having a common base, so the chair is at least about 50%. by weight. Preferably the chair
that significant parts of the chair can be recycled together comprises about 46% recycled content by weight and about
without requiring excessive disassembly. 65 6% of renewably sourced content by weight.
In the preferred embodiment, the supporting frame, the The following two tables outline two examples ofpreferred
recline mechanism, the seat portion, and the back portion are materials for use in various components of the chair.
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 14 of 20

US 9,033,421 B2
45 46
TABLE 1
Recycled Recycled
content content Rencwably
proportion proportion Recycled sourced Rencwably
PARTS (Post (Post Content material sourced
DESCRIPTION Reference Qty Malerial Weight (kg) Industrial) Consumer) Total (kg) proportion weight (kg)

Back

back skin 61 1 Hytrel 4069 0.349 0.000 0.660 0.230


back frame 25 1 30% glass filled 2.088 0.580 1.211 0.000
(OF) PET
Seat Assy______________

foam cushion 1 PU/soy 0.750 0.000 0.160 0.120


knitted seat topper/ 1 Polyester 0.080 0.080 0.000
cushion cover
seat stmeture 13 1 30% GF Nylon 0.869 0.000 0.000
Mechanism &
Acmators

transom 21 1 30% GF PBT 0.397 0.000 0.259 0.103


insert, transom 1101 1 Zinc 0.091 0.000 0.000
Hytrel overmold 93.95,91. 1 Hytrel 6356 0.235 0.000 0.000
94,96
puller 97 1 Hytrel 6356 0.059 0.000 0.000
Screws K50 18 Steel 0.027 0.022 0.000
scat support 101 1 30% GF PET 0.462 0.580 0.268 0.259 0.120
actuator, seat height 1201 1 30% GF PCR PET 0.066 0.580 0.038 0.000
lever pivot 1201b 1 15% GF Nylon 0.012 0.000 0.000
shuttle 351 1 30% GF Acetal 0.013 0.000 0.000
shuttle engager 371 I 30% GF Nylon 0.015 0.000 0.000
shuttle block 357 1 Hytrel 6356 0.002 0.000 0.000
recline resistance 391 1 Spring Steel 0.015 0.800 0.012 0.000
spring
Base

base 11 1 33% GF Nylon 1.298 0.650 0.844 0.000


height adjust member 17 I Steel & Plastic 1.045 0.820 0.857 0.000
castors and pins 1010 5 Steel & Nylon 0.500 0.710 0.355 0.000
Arms

Structure, arm 221 l pair 30% GF PET 0.796 0.580 0.462 0.000
stem, structural 203 1 pair 30% GF PET 0.447 0.580 0.259 0.000
lever, height adjust 206 1 pair 30% GF PET 0.032 0.580 0.019 0.000
pad, amt 209 1 pair PU 0.041 0.000 0.000
stmeture, inner 207 1 pair 30% GF PET 0.188 0.580 0.109 0.000
amt pad
Bearings 203c 2 per arm Hytrel 0.010 0.000 0.000
arm post screw K60 I per arm Steel 0.003 0.800 0.002 0.000

0.098904545 Total 4.54 Total 0.57


Recycled Rencwably
_____________ Content (kg) Sourced (kg)

Total 9.890 Total 45.88 Total 5.79


Weight (kg) Recycled Rencwably
Content % Sourced %

50
TABLE 2 TABLE 2-continued
Recycled content (RC) Recycled content (RC)
PARTS Renewably sourced (RS) PARTS Renewably sourced (RS)
DESCRIPTION Ref Material Virgin only (V) _ _ DESCRIPTION Ref Material Virgin only (V)

Back Mechanism & Actuators

back cover 61 Hytrel RS transom 21 Glass filled RC


back frame 25 Glass filled RC PET
PET 60 insert, transom 1101 Zinc RC
Seat Assembly Hytrel over-mould 93,95, Hytrel 6356 RS
91.94.
foam cushion Hytrel RS 96
knitted seat topper/ Polyester RC puller 97 Hytrel 6356 RS
cushion cover screws K50 Steel RS
scat stmeture 13 Glass filled RC 65 scat support 101 Glass filled RC
PET PET
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 15 of 20

US 9,033,421 B2
47 48
TABLE 2-continued side members face towards each other and the outer
edges of the side members face away from each other,
Recycled content (RC) each side member being generally L-shaped in cross-
PARTS Renewably sourced (RS)
DESCRIPTION Ref Material Virgin only (V) section and having a main frame portion comprising a
5 front face that faces a seated occupant in use, and a
actuator, seat heiglit 1201 Glass filled RC
flange positioned at an edge of the side member, the
PET
detent pin 307 Steel RC flange extending at least a major portion of the length of
detent spring 311 Spring Steel RC the side member and in a direction generally rearwardly
detent lever 305 Glass filled RC from the front face of the main frame portion, wherein
PET 10
Base each flange is positioned at the outer edge of the respec­
tive side member, and wherein the flanges resist a major­
base 11 Glass filled RC ity of the loading applied to the side members of the
PET
height adjust member 17 Steel & Plastic RC & V frame by a seated occupant, wherein each side member
Castors/pins 1010 Steel & Nylon RC&V
15
comprises a plurality of attachment features comprising
Arms hook features on a forward facing surface of the side
stmeture 221 Glass filled RC member, the hook features comprising an upright that
PET extends in a forward direction from a portion of the side
stem, structural 203 Glass filled RC member and an overhang connected to the upright and
PET
lever, heiglit adjust 206 Glass filled RC 20 spaced from said portion of the side member, wherein
PET the overhang extends in a direction that is transverse to
pad. ami 209 Polyester RC the forward direction away from the inner edge of the
structure, inner arm 207 Glass filled RC
side member toward the outer edge of the side member,
pad PET
ami post screw K60 Steel RC the one piece frame of unitary construction further com­
25 prising at least one support member extending from the
lower portion thereof and mounted to at least one of the
The above describe two possible preferred embodiment
main transom, the recline mechanism, and the seat por­
material configurations. The second table describes a con­
figuration that has a higher overall recycled/renewably tion, to support the back portion in the chair: and a
sourced content than the first table. compliant support surface comprising a plurality of
30
It will be appreciated that the materials used in the chair elongate vertical members and a plurality of elongate
may be varied. However, it will be understood that in pre­ horizontal members extending between and supported
ferred embodiments of the chair, a major part of the chair is by the side members, wherein at least some of the elon­
formed from one or more polymers that contain(s) recycled or gate vertical members are engaged with the hook fea­
renewably sourced content, and that are preferably compat­ 35
tures between the elongate horizontal members, the
ible for recycling. compliant support surface being disposed directly
Hie above describes preferred forms of the present inven­ against the front face of ihe side members.
tion. and modifications can be made thereto without departing 2. A chair as claimed in claim 1, wherein each flange
from the scope of the present invention. For example, the extends in a direction generally perpendicularly from the
preferred form features are described and shown with refer­ 40 front face of the main frame portion.
ence to a reclining office chair. However, it will be appreci­ 3. A chair as claimed in claim 1. wherein each flange has
ated that many of the features can readily be incorporated into substantially parallel walls.
different types of chairs, such as meeting chairs, vehicle 4. A Previously Presented chair as claimed in claim 1,
chairs, or theatre chairs for example. The supporting frame wherein the main frame portion has substantially parallel
could be modi lied accordingly, so as to be fixed to the ground 45 walls.
or a wall panel for example for a theatre chair. 5. A chair as claimed in claim 1. wherein the at least two
Additionally, a number of the features described herein can side members are generally serpentine in shape.
be incorporated into chairs having different features. They 6. A chair as claimed in claim 1. wherein the compliant
need not all be incorporated into the same chair. Other support surface is a body contacting surface of the support.
example modifications are listed in the “Summary of the 50 7. A chair as claimed in claim 1. wherein the compliant
Invention” section. support surface is held in tension between Ihe side members,
What is claimed is: and is suspended between the side members.
1. A chair comprising: 8. A chair as claimed in claim 1. wherein the compliant
a main transom, a recline mechanism, and a seat portion; support surface comprises an elastomeric material.
a back portion comprising a one-piece frame of unitary 55 9. A chair as claimed in claim 1, wherein the flanges each
construction having an upper transverse member at an have a length extending from the main frame portion in a
upper portion thereof, and a lower transverse member at direction away from the front face, and wherein the length of
a lower portion thereof, the upper transverse member each flange is longer fora lower portion of the frame than for
being positioned a greater vertical distance from the seat an upper portion of the frame.
portion than the lower transverse member, the one-piece 60 10. A chair as claimed in claim 1, wherein the side mem­
frame ofunitary construction further comprising at least bers extend upwardly and forwardly from the low'er trans­
two spaced apart side members extending between and verse member, and then upwardly and rearwardly to form a
connecting to the upper transverse member and to the forwardly convex lumbar support region, and wherein the
lower transverse member with the upper and lower side members then extend upwardly and forwardly to form a
transverse members extending between the two spaced 65 forwardly concave intermediate region, and wherein the side
apart side members, each side member having an inner members then extend upwardly to the upper transverse mem­
edge and an outer edge, wherein the inner edges of the ber. and wherein the side members are resiliently flexible in
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 16 of 20

US 9,033,421 B2
49 50
the intennediate region to provide a flexing movement in a 13. A chair comprising:
rearward direction of the upper portion relative to the lower a main transom, a recline mechanism, and a seat portion;
portion. a back portion comprising a one-piece frame of unitary
11. A cliair as claimed in claim 1, wherein the hook features construction having an upper transverse member at an
are provided in the front face of each side member, and 5 upper portion thereof, and a lower transverse member at
a lower portion thereof, the upper transverse member
wherein a portion of the compliant support surface adjacent
being positioned a greater vertical distance from the seat
the hook features is substantially flush with the front face of portion than the lower transverse member, and at least
the side member to form a substantially smooth contact sur­ two spaced apart side members extending between and
face for a seated occupant. connected to the upper transverse member and to the
10
12. A chair comprising: lower transverse member with the upper and lower
a seat portion; transverse members extending between the two spaced
a back portion comprising a one-piece frame of unitary apart side members, each side member having an inner
construction having an upper transverse member at an edge and an outer edge, wherein the inner edges of the
upper portion thereof, and a lower transverse member at side members face each other and the outer edges of the
15 side members face away from each other, each side
a lower portion thereof, the upper transverse member
member being generally L-shaped in cross-section and
being positioned a greater vertical distance from the seal having a front face that faces a seated occupant in use,
portion than the lower transverse member, the one-piece and a flange positioned at the outer edge of the side
frame ofunitary construction further comprising at least member, the flange extending at least a major portion of
two spaced apart side members extending between and 20 the length of the side member and in a direction gener­
connecting to the upper transverse member and to the ally rearwardly from the front face, wherein each side
lower transverse member with the upper and lower member comprises a plurality of attachment features
transverse members extending between the two spaced comprising hook features on a forward facing surface of
apart side members, each side member having an inner the side member, the hook features comprising an
edge and an outer edge, wherein the inner edges of the 25 upright that extends in a forward direction from a portion
side members face towards each other and the outer of the side member and an overhang connected to the
edges of the side members face away from each other, upright and spaced from said portion ofthe side member,
each side member being generally L-shaped in cross- wherein the overhang extends in a direction that is trans­
section and having a front face that faces a seated occu­ verse to the forward direction away from the inner edge
pant in use, and a flange positioned at the outer edge of 30 of the side member toward the outer edge of the side
the side member, the flange extending at least a major member, the one-piece frame of unitary construction
fiirtker comprising at least one support member extend­
portion of the length ofthe side member and in a direc­
ing from the lower portion thereof and mounted to at
tion generally rearwardly from the front face, wherein
each side member comprises a plurality of attachment least one of the main transom, the recline mechanism,
features comprising hook features on a forward facing 35 and tile seat portion, to support the back portion in the
surface of the side member, the hook features compris­ chair; and a compliant support surface comprising a
plurality of elongate vertical members and a plurality of
ing an upright that extends in a forward direction from a
portion of the side member and an overhang connected elongate horizontal members extending between and
attached to the side members, wherein at least some of
to the upright and spaced from said portion of the side
40 the elongate vertical members are engaged with the hook
member, wherein the overhang extends in a direction
that is transverse to the forward direction away from the features between the elongate horizontal members, the
inner edge of the side member toward the outer edge of compliant support surface being disposed directly
the side member; and a compliant support surface com­ against the front face of the side members.
14. A cliair as claimed in claim 12, wherein the hook
prising a plurality of elongate vertical members and a
plurality of elongate horizontal members extending 45 features are provided in the front face of each side member,
and wherein a portion of the compliant support surface adja­
between and supported by the side members, wherein at
cent the hook features is substantially flush with the front face
least some of the elongate vertical members are engaged
with the hook features between the elongate horizontal of the side member to form a substantially smooth contact
members, the compliant support surface being disposed surface for a seated occupant.
directly against the front face of the side members. *****
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 17 of 20

UNITED STATES PATENT AND TRADEMARK OFFICE


CERTIFICATE OF CORRECTION
PATENT NO. : 9,033,421 B2 Page 1of4
APPLICATION NO. : 13/133347
DATED : May 19,2015
INVENTOR(S) : Wilkinson et al.

It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:

In the Drawings

Sheet 18, FIG. 10a, change “351” to -357-


Sheet 18, FIG. 10b. change “359” to -353a-

Sheet 19, FIG. 11, change “351" to -357-

Replace Drawing Sheet 20 of 49 with attached Drawing Sheet 20 of 49

Sheet 24, FIG. 16b, change “381 a” to -381 b—

Replace Drawing Sheet 31 of 49 with attached Drawing Sheet 31 of 49

In the Specification

Column 4
Line 29, change “Du Pont" to -DuPont-

Column 11
Line 22, change “Du Pont" to -DuPont-

Column 15
Line 50, change “Du Pont" to —DuPont—

Column 19
Line 38, change “D20b" to —D20b—

Signed and Sealed this


Tenth Dav of October, 2017

Joseph Matal
Performing the Functions and Duties of the
Under Secretary of Commercefor Intellectual Property and
Director ofthe United Slates Patent and Trademark Office
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 18 of 20

CERTIFICATE OF CORRECTION (continued) Page 2 of 4


U.S. Pat. No. 9,033,421 B2

Column 26
Line 7, change “cover 2061 ” to --cover 61 -
Line 56. change “they for" to -they are for-
Line 57, change “portions 95a" to —portions 2075a—

Column 27
Line 17, change “feature 93" to -feature 2093-

Column 29
Line 1, change “FIGS. 39a" to -FIGS. 39a-41-

Column 31
Line 31, change “feature 203b" to -feature 203a-

Column 34
Line 33, change “pedestal 17" to-mechanism 17-

Column 36
Line 23, change “recess 359" to -recess 3533-
Line 51, change “FIG. 1 la" to -FIG. 11-
Line 55, change “slide S in the recess remove" to -slide in the recess-

Column 37
Line 46, change “transom 21a” to —transom 21 —

Column 38
Line 37, change “faces 335b" to -faces 355b-

Column 39
Line 64, change “FIG. 1 la" to -FIG. 11-

Column 40
Line 21, change “of chair” to —of the chair—
Line 36, change “adjustment spring" to —adjustment mechanism—

Column 41
Line 30, change “mechanism 1023" to —mechanism 17—

Column 43
Line 28, change “rear 95" to -rear 91-
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 19 of 20

CERTIFICATE OF CORRECTION (continued) Page 3 of 4

U.S. Patent May 19,2015 Sheet 20 of 49 9,033,421 B2

FIGURE 12a

FIGURE 12b

FIGURE 12c
Case 1:19-cv-07895 Document 1-3 Filed 08/22/19 Page 20 of 20

CERTIFICATE OF CORRECTION (continued) Page 4 of 4

U.S. Patent May 19,2015 Sheet31of49 9,033,421 B2

FIGURE 22
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 1 of 7

EXHIBIT C
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 2 of 7

Buchanan Ingersoll & Rooney pc


One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Ralph G. Fischer T 412 562 8800
412 392-2121 F 412 562 1041
ralph.fischer@bipc.com www.buchananingersoll.com

July 25,2019

VIA UPS

Via Seating Inc.


Chas Hepler, President & CEO
205 Vista Boulevard,
Sparks, Nevada 89434

Re: Infringement of Patents That Cover The ReGeneration By Knoll® Chair

Dear Mr. Hepler:

We represent Knoll. Inc. and Formway Furniture Limited as it concerns the above
referenced matter. As I am sure you know. Knoll is a world-famous manufacturer of furniture
that routinely partners with Formway as well as other well-known designers to produce iconic
furniture. As a leader in furniture design. Knoll greatly values its patents and other intellectual
property rights (IP). Knoll expects its competitors to respect its patents and other IP rights.
When this does not occur. Knoll takes aggressive action to enforce its rights.

At the NeoCon tradeshow in Chicago (June 10, 2019-June 12, 2019), Knoll saw that Via
Seating is offering a new chair referred to as the “GenieFlex” chair. This chair infringes at least
one design patent and at least one utility patent that cover Knoll’s ReGeneration by Knoll® chair
- U.S. Design Patent No. D613,084 and U.S. Patent No. 9,033,421. Copies of the U.S. design
patent and utility patent are enclosed for your reference. Knoll is the exclusive licensee of these
U.S. patents that are owned by Formway Furniture Limited.

Our review of the new “GenieFlex” chair makes clear that Knoll’s patented design has
been blatantly copied. Consumers who see this “GenieFlex” chair would think it is the patented
ReGeneration by Knoll® chair. Based on our review of the “GenieFlex” chair, we believe Via
Seating knew of the unique nature and patented status of the ReGeneration by Knoll® chair and

Page 1 of 6
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 3 of 7

chose to copy Knoll’s design in spite of this knowledge. For example, the ornamental
appearance of the “GenieFlex” chair design is a copy of the design illustrated in U.S. Design
Patent No. D613,084 that covers the ReGeneration by Knoll® chair. Via Seating’s infringement
of Knoll’s IP is willful.

Further, the “GenieFlex” chair clearly utilizes a back skin attachment innovation
incorporated in the ReGeneration by Knoll® chair that is protected by U.S. Patent No.
9,033,421. In fact, the back skin/back frame attachment mechanism used in the "GenieFlex”
chair appears to be a direct copy of the attachment mechanisms shown in Figures 33a-34e of the
9,033,421 patent. To help further illustrate the clear infringement of this patent, below is a chart
comparing claim 12 of the patent to the “GenieFlex” chair, which illustrates where each and
every limitation of claim 12 is present in the “GenieFlex” chair. The below chart is provided
without any prejudice to Knoll and Formway. Other claims of this patent in addition to claim 12
are also believed to be infringed.

Claim 12 GenieFlex Chair

12. A chair comprising:

a seat portion;

Page 2 of 6
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 4 of 7

a back portion comprising a one-piece frame


upper transverse member
of unitary construction having an upper side members
transverse member at an upper portion
thereof, and a lower transverse member at a
lower portion thereof, the upper transverse
member being positioned a greater vertical
distance from the seat portion than the lower
transverse member, the one-piece frame of
unitary construction further comprising at
least two spaced apart side members
extending between and connecting to the
upper transverse member and to the lower
transverse member with the upper and lower
transverse members extending between the
two spaced apart side members, each side
member having an inner edge and an outer
edge, wherein the inner edges of the side
members face towards each other and the
outer edges of the side members face away
from each other,
lower transverse member

back portion

each side member being generally L-shaped


in cross-section and having a front face that
faces a seated occupant in use, and a flange
positioned at the outer edge of the side
member, the flange extending at least a
major portion of the length of the side
member and in a direction generally
rearwardly from the front face.

enlarged
view
below

flange

Page of 6
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 5 of 7

wherein each side member comprises a


plurality of attachment features comprising
hook features on a forward facing surface of
the side member, the hook features
comprising an upright that extends in a enlarged
forward direction from a portion of the side view
member and an overhang connected to the below
upright and spaced from said portion of the
side member, wherein the overhang extends
in a direction that is transverse to the
forward direction away from the inner edge
of the side member toward the outer edge of
the side member;

upright

overhang

Page 4 of 6
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 6 of 7

and a compliant support surface comprising


a plurality of elongate vertical members and
a plurality of elongate horizontal members
extending between and supported by the
side members, wherein at least some of the
elongate vertical members are engaged with
the hook features between the elongate
horizontal members, the compliant support
surface being disposed directly against the
front face of the side members.

Knoll and Formway hereby demand that you immediately cease and desist any further
infringement of their IP. You must cancel all pending orders, cease any offers for sale, recall any
merchandise currently at distributors, and destroy all prototypes and inventory.

Knoll and Formway are entitled to not less than a reasonable royalty to compensate them
for Via Seating's willful infringement. You must provide us with your sales information
including sale price, cost, and number sold, for the infringing product for any sales made in the
U.S. so that we can properly assess the damages Knoll and Formway are owed for Via Seating’s
willful infringement of their IP.

We understand that this is a new product offering and you may not have yet started
accepting orders for this product. If this is the case, please confirm this in writing and confirm
that you will cease and desist continued offering of this infringing chair design. Your response
should be provided to us by August 5, 2019.

This letter has been provided to you without prejudice to the rights of Knoll and
Fonnway. You should know that if we do not receive an appropriate response by August 5th,
Knoll and Formway may take further action as they deem necessary. This can include the filing
of a patent infringement lawsuit. As such, you should be aware that you have an obligation to
retain all your documents concerning your development, design, offer of sale, and sale of the
infringing product. Negligent or willful destruction of such evidence will give rise to an
independent cause of action for spoliation of evidence as well as claims for compensatory and
punitive damages.

Page 5 of 6
Case 1:19-cv-07895 Document 1-4 Filed 08/22/19 Page 7 of 7

We look forward to receiving your response by August 5th confirming you have stopped
offering the infringing product and providing us with the requested sales information. In the
meantime, you should not hesitate to contact me if you have any questions regarding the above.
I can be reached by telephone at +1 412-392-2121 and contacted via email at
ralph.fischer@bipc.com.

Very truly yours,

Ralph G. Fischer

Enel. Copies of U.S .Pat. Nos. D613,084 and 9,033,421.

Page 6 of 6

S-ar putea să vă placă și