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, 8, 9, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robbins et al. (US Patent Number 10470585) in view of Duncan (US Patent Application Publication Number 2022/0202186).
Regarding claim 1, Robbins discloses a drive system for a children’s swing product, the drive system comprising: a first set of tracks (including 202 and 209 for instance), wherein the first set of tracks further comprises a first track (202 for instance) having a first pivot point and a second track (209 for instance) having a second pivot point (based on their curvature); a second set of tracks (including 204 and 206 for instance) substantially parallel to the first set of tracks, wherein the second set of tracks further comprises a third track (204 for instance) having a third pivot point and a fourth track (206 for instance) having a fourth pivot point (based on their curvature); one or more motors (302) indirectly mounted to the first and second set of tracks; a carriage comprising: a first bar (of 220) substantially parallel to the first set of tracks having a first set of wheels (226 and 211 for instance) configured to travel along the first set of tracks, wherein a first wheel of the first set of wheels is configured to travel along the first track, and wherein a second wheel of the first set of wheels is configured to travel along the second track (this is the general arrangement), a second bar (of 220 on opposite side) substantially parallel to the second set of tracks having a second set of wheels (230 and 222 for instance) configured to travel along the second set of tracks, wherein the first bar and the second bar are separate structures with a gap between the first bar and the second bar (see for instance Figure 2E showing depending side walls forming the bars and the gap between), wherein a first wheel of the second set of wheels is configured to travel along the third track, and wherein a second wheel of the second set of wheels is configured to travel along the fourth track (this is the general arrangement), and a connector (of 220 between the bars) positioned within the gap between the first bar and the second bar, wherein a first end of the connector is mounted to the first bar and a distal second end of the connector is mounted to the second bar (see Figures 2E for instance), a seat assembly (104 and/or 134, etc. for instance) mounted on the connector. Robbins does not disclose permanent magnets. Duncan discloses a related device including at least two permanent magnets mounted to a carriage and operable to further control movement of the carriage (see paragraphs 106, 107, etc. describing such magnets and control). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide magnets as taught by Duncan in Robbins’ device because this could provide additional or alternative drive means to improve user comfort and flexibility.
Regarding claim 8, Robbins’, modified as described, further discloses a children’s swing product comprising: a swing module (104 for instance); and a base module (102) comprising the drive system of claim 1.
Regarding claim 9, Robbins’, modified as described, further discloses the children’s swing product is a children’s pedestal-style swing (it is viewed as such) configured to provide a plurality of motions (this is the general arrangement).
Regarding claim 21, Robbins’, modified as described, further discloses the at least two permanent magnets are mounted to the connector (they would at be at least indirectly mounted in this manner in the device as modified).
Regarding claim 22, Robbins’, modified as described, further discloses the swing module is removably coupled to the base module (104 would be removable).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robbins in view of Duncan and further in view of Armbruster et al. (US Patent Number 9750350). Robbins, modified as described, discloses a system as explained above but does not disclose a jacking mechanism. Armbruster discloses a related device including a jacking mechanism further comprising: an axle (of 484 and/or 486) mounted to tracks, and a motor (483) indirectly mounted to the axle. Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was made to provide a jacking system as taught by Armbruster in Robbins’ device as previously modified because this could provide additional movement and versatility to improve user experience.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robbins in view of Duncan and further in view of Karp et al. (US Patent Application Publication Number 2019/0247611).
Regarding claim 5, Robbins, modified as described, discloses a system as explained above including wherein the children’s swing product is a children’s pedestal-style swing (it is viewed as such) but does not disclose a cry detection module. Karp discloses a related device including a cry detection module operable to initiate or adjust a movement of a carriage upon detection of a baby’s cry (see at least paragraph 26). Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was made to provide a cry detection module as taught by Karp in Robbin’s device as previously modified, because this could provide additional convenience and versatility to improve user experience.
Regarding claim 6, Robbins, modified as described, further discloses the drive system is disposed on a base assembly of the children’s pedestal-style swing (this is the general arrangement).
Regarding claim 7, Robbins, modified as described, is further viewed as disclosing an electromagnet mounted as claimed as such would be necessary for proper operation of the combination as set forth. However, even if this were not clear, Duncan discloses such an arrangement (see Duncan’s figures and paragraph 102, etc.) and it accordingly would have been obvious to one of ordinary skill in the art before the invention was made to provide an electromagnet as taught by Duncan in Robbins’ device as previously modified because this could ensure proper operation of device to improve user comfort and convenience.
Response to Arguments
Applicant's arguments filed 2 December 2025 have been fully considered but they are not persuasive. Applicant argues that Duncan does not disclose the first and second bar substantially parallel to the first and second set of tracks, respectively, and that the bars not separate structures.
Regarding the direction of the components, it is maintained that they are oriented in the manner claimed. The annotated figure below shows the direction of the second set of tracks along with the direction of the second bar, which can be seen to be substantially parallel (the first are symmetrically arranged and parallel as well). In response to Applicant’s suggestion that “the sides of the mounting panel slope upwards from the distal end…,” it is noted that the shape of the bar in the reference may vary somewhat from that of the invention but that is not relevant to the current claim language. An upsweep would be in plane with the parallel direction and not change the analysis.
Regarding the separate bars, as explained previously, Robbins is viewed as disclosing such an arrangement. That is, even if the bars and connectors are part of a single unit in the Robbins’ device, this still meets the limitations as currently set forth. As seen in Robbins’ Figure 2E, the side portions forming the separate bars are arranged with a gap where the center connector is located.
PNG
media_image1.png
520
838
media_image1.png
Greyscale
Figure 1: Annotated copy of Robbins Figure 2A.
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 PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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, David Dunn can be reached at 571-272-6670. 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.
/PHILIP F GABLER/ Primary Examiner, Art Unit 3636
Prosecution Insights