DETAILED ACTION
In the reply filed 3/27/2026, claim 14, 20, and 22 are amended. Claims 14-16 and 20-25 are pending.
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 14-16 and 20-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huff (DE 195 24 102 A1).
Regarding claim 14, Huff teaches: a support anti-breaking structure comprising:
a first plate member (E);
a second plate member (B), a first end of the first plate member being pivotally connected to an end of the second plate member at a first pivotal connection;
a first fixing member (see the foam/sponge layer formed between 19, shown in Fig. 2) formed by a flexible structure, the first fixing member being fixed to a front side of the first pivotal connection;
a third plate member (A), a second end of the first plate member being pivotally connected to an end of the third plate member at a second pivotal connection;
a second fixing member formed by a flexible structure, the second fixing member being fixed to a rear side of the second pivotal connection (see the foam/sponge layer formed between seams 19, shown in Fig. 2),
wherein each of the first fixing member and the second fixing member is made of sponge material that is deformable when pressed and configured to exert a reaction force when pulled (the attached translation describes the material being “air-foamed” and containing air bubbles, etc.; those having ordinary skill in the art would understand these qualities yield a sponge material).
The fixing members span a distance, from a front side to a rear side of each pivotal connection. Because at least a portion of each fixing member is located on a front side of each pivotal connection, and at least a portion of each fixing member is located on a rear side of each pivotal connection, those having ordinary skill in the art would conclude that the first fixing member is fixed to a front side of the first pivotal connection and the second fixing member is fixed to a rear side of the second pivotal connection, as claimed.
Relevant elements are shown in the annotated versions of Figs. 2-3, below:
PNG
media_image1.png
241
596
media_image1.png
Greyscale
PNG
media_image2.png
411
571
media_image2.png
Greyscale
The claimed elements have been interpreted under broadest reasonable interpretation. The pivotal connections of the Present Application are understood to be a junction between the two plates, and the disclosure does not elaborate on whether or not the pivotal connections are physically any more than this. Applicant’s own Fig. 5 shows a fixing member 3 joining plates 1 and 2, and no other physical element is indicated. Huff teaches the pivotal connections at least inasmuch as Applicant’s own disclosure.
It is noted that Applicant’s original disclosure contains no explicit support for “the first fixing member being fixed to a front side of the first pivotal connection” and “the second fixing member being fixed to a rear side of the second pivotal connection”. Front and rear directions/sides are not established by the original disclosure. The claims have been interpreted under broadest reasonable interpretation, and Huff teaches the limitations of claim 14 at least inasmuch as Applicant’s own original disclosure.
Regarding claim 15, Huff further teaches: wherein the first plate member is a backrest portion for a baby's back to rest against. See Fig. 1.
Regarding claim 16, Huff further teaches: wherein the second plate member is a seat portion for allowing a baby to sit on. See Fig. 1.
Regarding claim 20, Huff further teaches: wherein the third plate member is a headrest portion for a baby's head to rest against. See Fig. 1.
Regarding claim 21, Huff further teaches: a fourth plate member (F) pivotally connected to another end of the second plate member at a third pivotal connection. See the annotated version of Fig. 3, above.
Regarding claim 22, Huff further teaches: a third fixing member formed by a flexible structure, the third fixing member being fixed to a rear side of the third pivotal connection. See the foam/sponge layer formed between seams 19, shown in Fig. 2.
Regarding claim 23, Huff further teaches: wherein the third fixing member is a tape or made of sponge material. The attached translation describes the material being “air-foamed” and containing air bubbles, etc.; those having ordinary skill in the art would understand these qualities yield a sponge material.
Regarding claim 24, Huff further teaches: wherein the fourth plate member is a leg rest portion for a baby's legs to rest against. See Fig. 1.
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huff, as applied above, in further view of Nygren (US 9,956,980).
Regarding claim 25, Huff teaches using the support anti-breaking structure “as a seat pad” (see the bottom of page 3 of the attached translation). Huff fails to specify that the support anti-breaking structure is implemented on a stroller. Nygren teaches: a stroller comprising a stroller frame (20, 24) and a protective cover (97), and a support anti-breaking structure (100), and the protective cover covering the support anti-breaking structure and being connected to the stroller frame. Relevant elements are best shown in Figs. 2, 3, and 15.
Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to modify the support anti-breaking structure from Huff to be used with a stroller, as suggested by Nygren; the motivation being: to provide comfort and padded support which a user is seated or being transported in the stroller. Additionally, the support anti-breaking structure from Huff would provide the stroller with padded seating which is impermeable to moisture and insulated.
Response to Arguments
Applicant's arguments/remarks filed 3/27/2026 have been fully considered.
Additional remarks are made with regard to the previously applied rejections under 35 USC § 102. Applicant's arguments were made with respect to the claims, as amended, and have been rejected/addressed as provided above. Please see the discussion above, which provides detailed explanation of how the prior art reads on the claims.
Applicant’s remarks assert double seam 19 from Huff are relied upon for teaching the claimed fixing members. This interpretation ignores the mapping of claimed elements relied upon in the prior Action. Specifically, the fixing members correspond to the foam/sponge layer at the seams. Punctures/damage in the bubble structure at the seam (19) would not prevent Huff from reasonably reading on the claims. Applicant’s assertion that there is no motivation to alter the positions of the double seems is irrelevant, as no modification is proposed with regard to claim 14. Regarding claim 25, no modification which would render Huff inoperable for its intended purpose has been proposed.
Conclusion
THIS ACTION IS MADE FINAL. 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 EMMA K FRICK whose telephone number is (571)270-5403. The examiner can normally be reached 9AM-5PM EST M, T, F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303) 297-4324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EMMA K FRICK/ Primary Examiner, Art Unit 3613
Prosecution Insights