DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hutchinson et al. (US Patent Number 9688167) in view of Carpenter et al. (US Patent Number 8967715).
Regarding claim 1 and 10, Hutchinson discloses a piece of nursery equipment, comprising: a fixed portion (102 for instance) that supports a child from below; a movable portion (including 124 for instance) that is movable and/or is configured to be movable relative to the fixed portion; and an adjustment mechanism (of 220) configured to adjust a position or shape of the movable portion (at least a position of 124), the adjustment mechanism comprising: a holder (at least outer portions of 223) comprising an upper portion and a lower portion, and first and opposite second side surfaces, wherein either the upper or the lower portion comprises a first sting hole in the first side surface (see Figure 9 for instance showing 224 passing through a hole on a side surface of 223); a reel (232 for instance) rotatably supported by the holder and rotatable in both forward and reverse directions; a string (224, which functions as a “string” as in the invention) connecting the fixed portion and the reel for changing the position or shape of the movable portion by being wound on or fed out from the reel (this is the general manner of operation at least inasmuch as in the invention), wherein the sting extends through the first string hole; a one-way clutch mechanism (including at least 238) that allows and/or is configured to allow rotation of the reel in a winding direction of the string and prohibits rotation of the reel in a feeding direction of the string (see lines 38-59 of column 5 for instance); and an unlock member (of 240 and/or 242 for instance, which serves to lock and unlock the reel; note that the last full paragraph of column 6 for instance describes unlocking the retractor, which would necessarily involve a means of driving the pawl) comprising an operation portion (a portion of at least 240 for instance), wherein the unlock member unlocks and/or is configured to unlock the reel from a rotation prohibited state caused by the one-way clutch mechanism to allow the reel to rotate freely when a user actuates the operation portion (based at least on the disclosure of unlocking the retractor, this would be the general manner of operation; i.e. a user would at least indirectly actuate a portion of 240 to unlock the reel). Hutchinson does not clearly disclose the arrangement of string holes as claimed or an operation hole and details of the operation portion.
Regarding the string holes, Hutchinson further discloses at least a second hole on the holder second side surface (see again Figure 9 showing various openings) as well as other portions/embodiments with sting holes on opposite sides of components with strings extending through both (see for instance Figure 8 showing string extension through holes on either side surfaces of 104). Accordingly, as duplication and rearrangement of components requires only routine skill in the art, it would have been obvious to one of ordinary skill in the art to before the effective filing date of the invention provide the sting holes as claimed based on normal variation to improve performance, safety, or operation of the device for various users.
Regarding the operation portion, Carpenter discloses a related device including an unlock member (including 200, 202, etc.) comprising an operation portion (174, 202) extending through an operation hole formed on an upper portion of a holder (202 extends through a hole in 198), such that the operation portion protrudes outward from the operation hole (see at least Figure 9), wherein the unlock member unlocks a reel from a rotation prohibited state caused by a one-way clutch mechanism and thus allows the reel to rotate freely when a user actuates the operation portion by pushing the operation portion inward (this is the general manner of operation). Accordingly, it would have been obvious to one of ordinary skill in the art to before the effective filing date of the invention provide an operation arrangement as taught by Carpenter in Hutchinson’s device because this would provide a simple and effective means of controlling the adjustment mechanism to improve user convenience.
Regarding claim 2, Hutchinson, modified as described, further discloses a rotation operation member that controls rotation of the reel, wherein the operation member is handle (at Carpenter’s 174) configured to be actuated by a user
Regarding claim 11, Hutchinson, modified as described, further discloses the adjustment mechanism further includes a rotation operation member (Hutchinson’s 236 and/or Carpenter’s 174 for instance) that controls and/or is configured to control rotation of the reel.
Regarding claims 3 and 12, Hutchinson, modified as described, further discloses the adjustment mechanism further includes a biasing member (at least at 236 for instance) that biases and/or is configured to bias the reel in the winding direction of the string.
Regarding claims 4, 13 and 14, Hutchinson, modified as described, further discloses the holder rotatably supports and/or is configured to rotatably support the reel (shaft 234 of the reel is affixed to 102 and apparently at least indirectly to 244), the one-way clutch mechanism includes an engagement tooth (238A) located on one of the reel and the holder, and an engagement pawl (at least an end of 240) attached to the other of the reel and the holder (238A is formed on the reel, 240 is formed at the very least indirectly on the holder), the engagement pawl being movable and/or configured to be movable between an engaged position in which the engagement pawl engages with the one of the reel and the holder and a disengaged position in which the engagement pawl does not engage with the one of the reel and the holder (see again lines 38-59 of column 5 for instance), and the unlock member includes an operation portion that is operated and/or is configured to be operated to move the engagement pawl to the disengaged position (242 and/or a pivot portion of 240 would necessarily be operated as claimed).
Regarding claims 5 and 15, Hutchinson, modified as described, further discloses the engagement tooth is located on an outer peripheral surface of the reel that extends parallel to a rotation axis of the reel (238A extends as such; see Figure 10), the engagement pawl is located on the holder and moves and/or is configured to move in a direction perpendicular to the engagement tooth (see again Figure 10 which shows that the end of member 240 would necessarily move perpendicular to 238A to lock the reel), and the unlock member unlocks and/or is configured to unlock the reel from the rotation prohibited state by moving in a direction perpendicular to the rotation axis of the reel (a rear portion 240 and/or 242 would move parallel to the plane of Figure 10 when locking/unlocking and accordingly perpendicular to the rotation axis of the reel).
Regarding claims 6, 7, 16, and 17, Hutchinson, modified as described, discloses equipment as explained above including a rotation operation member controlling the wheel, and teeth and pawls located and operating similar to the claims but may not disclose the specific arrangement as in claims 6, 7, 16, or 17. However, reversal or rearrangement of components requires only routine skill in the art, and wide variation in rachet tooth/pawl arrangement is well-known (see for instance Carpenter who discloses various rachet embodiments in a child car seat including pawls on a reel as in claims 6 and 16 and unlocking members/pawls operating parallel to a rotation axis of a reel as in claims 7 and 17 in Figures 5-6, etc.). Accordingly, it would have been obvious to one of ordinary skill in the art to before the effective filing date of the invention provide the teeth and pawls as claimed (i.e. reversing the location of the teeth and pawls to meet the limitations of claims 6 and 16, or changing the direction of operation of the unlocking members/pawls to meet the limitations of claims 7 and 17) based on normal variation to improve function, packaging, or operation of the device to enhance user comfort and experience.
Regarding claims 8, 9, 18, and 19, Hutchinson, modified as described, further discloses the piece of nursery equipment is a car seat and the fixed portion is a seat/car seat body, and the movable portion is a body restraint strap and/or ISOFIX attached to the seat (at least 122 is viewed as a body restraint strap and 124 is described as “ISO-FIX”).
Response to Arguments
Applicant’s arguments, filed 20 October, with respect to the drawing objections and 35 USC 112 rejections have been fully considered and are persuasive. These objections and rejections have been withdrawn.
Applicant’s Interview Summary suggests that agreement was reached as to the proposed amendment overcoming the prior rejection. For clarity, it was agreed during the interview that language of the proposed amendment was not taught by Hutchinson, who was alone used to render the invention obvious in that rejection. It is noted however that Carpenter was optionally cited in the prior rejection and no agreement as to the teachings of Carpenter was made.
The remainder of Applicant's arguments filed 20 October 2025 have been fully considered but they are not persuasive. Specifically, Applicant argues neither Hutchinson nor Carpenter disclose an operation portion extending through an operation hole is in the amended claims. However, at least some embodiments of Carpenter show such an arrangement as explained above. That is, Carpenter’s member 202/174 extends through a hole to protrude outward and be operated by pushing inward (see at least Figure 9), and it would have been obvious to provide such an arrangement in the Hutchinson device.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/ Primary Examiner, Art Unit 3636