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
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) 1-2, 14-15 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (6640985), Perez (7926500) and Jin (CN207513301). Cheng discloses a children’s accessory segmented toy bar assembly (Figs. 7-8) with toys suspended therefrom having a first bar segment (1) with a first end and a second end and a second bar segment (1) with a first end and a second end (Fig. 1). The toy bar assembly is configured such that the first end of the first bar segment defines a distal end of the bar assembly and is coupled to a support foot (3), the second end of the first toy bar segment is connected to the first end of the second bar segment by a pivotal coupling component (2) and the second end of the second bar segment forms another distal end of the bar assembly and is coupled to another support foot (3). The support feet are configured as attachment means for affixing the opposing distal ends of the toy bar assembly to a play mat or bed (Fig. 8). The toy bar assembly can be reconfigured by pivoting between an expanded configuration where the toy bar segments are extended to define an expanded length (Fig. 2) and a compact configuration with a compact length that is less than the expanded length (Fig. 3) that would be capable of fitting within a packaging envelope. The toy bar assembly further includes a padding sleeve covering (42) that extends over both bar segments and the pivotal coupling which spaces the toy bar segments (Fig. 7, column 3 lines 7-11). Cheng discloses the basic inventive concept, with the exception of the bar segments being flexible and resilient such that the expanded length results in axial alignment of the bar segments to define a linear bar that can further flex in an arc under tension and the configuration of the pivotal couplings. Perez discloses a segmented bar assembly with a pair of flexible and resilient bars (18a,c) hingedly coupled together such that the pair of flexible and resilient bars can be pivoted between an expanded configuration in which the bars are in axial alignment to define a linear bar with a first length between the pairs of bars and a compact configuration with a compact length less than the expanded length that would be capable of storage in a packaging envelope (Figs. 1, 3-5 & 7). The bars are further configured for flexing in an arced configuration under tension when attached to a support surface of a mat (Figs. 5 & 7). It would have been obvious to one of ordinary skill in the art from the teaching of Perez to use flexible material for the bars of Cheng for the predictable result of providing enhanced functionality and utility by enabling more versatility in the transformation and arrangement of the bars relative to each other in various configurations. Jin discloses a segmented bar assembly (Fig. 1) configured for folding with a pivotal coupling for spacing first and second bar segments (4), wherein the coupling is configured for providing 180 degree folding range between the bar segments for movement between an expanded length and a compact length capable of being 50% less than the expanded length (Figs. 6-7). The pivotal coupling has a single axis of rotation about a hinge pin (1) that is laterally offset from longitudinal axes of the bar segments (Fig. 6). The pivotal coupling also includes a pair of bar receivers for receiving the respective bar segments which are arranged to be transversely offset from the axis of rotation and offset from one another along the single axis of the hinge pin (Figs. 1-2). Since both Cheng and Jin disclose hinged coupling components for use in segmented bar assemblies to make the assemblies foldable, it would have been obvious to substitute one pivotal coupling for another for the predictable result of enabling the bar segments to be folded relative to each other in a known manner that can create desired compact configurations.
Claim(s) 16-17, 20 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng, Perez and Jin as applied for claim 1 above and further in view of Passaro Ponce De Leon (2007/0102032). The references disclose the basic inventive concept, with the exception of including a package for receiving the folded bar and configuring the bar assembly with three bar segments each connected by a pivotal coupling such that the compact length is 75% less than the expanded length. Passaro Ponce De Leon discloses a segmented bar assembly having at least three flexible bar segments with a coupling connected between adjacent segments, wherein the couplings are pivotal couplings allowing 180-degree pivotal motion between segments (Fig. 3). The segmented bar is reconfigurable between an expanded configuration with the bars extended in axial alignment to define an expanded length (Fig. 4) and a compact configuration where the bars are folded to a compact length that is at least 75% of the expanded length for fitting within a package or carrying case that includes an interior space defining a packaging envelope (Fig. 1, paragraphs 15-19). Since Cheng, Jin and Passaro Ponce De Leon all disclose foldable bar assemblies, it would have been obvious to one of ordinary skill in the art to modify the number of bars and couplings to allow a compact length to be 75% less than an expanded length and to include a package for storing the bar assembly as taught by Passaro Ponce De Leon for the predictable results of creating a bar assembly that is less bulky and capable of more compact and easily transportable configurations that provide enhanced utility and functionality by further providing enhanced storage capabilities. It also would have been obvious to form the bar using at least three bar segments with a coupling between the first and second bar segments and the second and third bar segments since such a modification would have involved a mere duplication of parts which has been held to be obvious absent a new or unexpected result. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 21 and 28-34 are allowed.
The examiner further notes that appropriate action must be taken with regard to the outstanding withdrawn claims as they are not eligible for rejoinder since the claims present hinge structures with features that contradict required features in the independent claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 14-20 and 35 have been considered but are moot because the new ground of rejection does not rely on the references as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, filed 2/16/26, with respect to claims 10, 21 and 28-34 have been fully considered and are persuasive.
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.
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/A.M.H/Examiner, Art Unit 3711
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