DETAILED ACTION
This is the first office action for US Application 18/090,051 for a Novel Support Device for Caregivers of Children Who Are Learning How to Walk.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 4 contain the limitation “and/or”, which is indefinite because it is not clear what limitation is or is not intended to be included in the claim.
Claim Rejections - 35 USC § 102
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 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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0354274 to Cohn. Regarding claim 1, Cohn discloses a device which allows a caregiver to provide support to a child that struggles to carry his or her own weight or maintain his or her own balance while upright (see figure 1). The device comprises a compact caregiver handle (12) which focuses the child’s supported weight onto a small, centralized area. There is a pair of cordage lengths (20) or loops which descend from the caregiver handle, and a pair of child handles (18), each supported by one of the descended lengths or loops of cordage.
Regarding claim 2, there is an extra length of cordage(s) which allows for the length of the descended, child-supporting cordage to be adjusted (see paragraphs 0039 or 0040… the extra length of cordage between 26 and 34, and 24 and 32, can be adjusted to change the length of cord between 12 and 18). Regarding claim 3, there are elements (28) which allow the extra length(s) of adjustable cordage to be secured at a set length.
Regarding claim 4, Cohn discloses a device which allows a caregiver to provide support to a child that struggles to carry his or her own weight or maintain his or her own balance while upright (see figure 1). The device comprises a compact caregiver handle (12) which focuses the child’s supported weight onto a small, centralized area. There is a length (20) or loop of cordage which descend from the caregiver handle, and a child handles(18), supported by the descended length or loop of cordage.
Regarding claim 5, there is an extra length of cordage(s) which allows for the length of the descended, child-supporting cordage to be adjusted (see paragraphs 0039 or 0040… the extra length of cordage between 26 and 34, and 24 and 32, can be adjusted to change the length of cord between 12 and 18). Regarding claim 6, there are elements (28) which allow the extra length(s) of adjustable cordage to be secured at a set length.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2956616 to Labusky et al.
US 2008/0293545 to Planke
US 2015/0366741 to Ropes
US 2021/0170216 to Frymire Cone
US 8784284 to Smith
US 5498219 to Soufi
US D360855 to Jameson
WO 2016/0170157 to Gallegos
The above prior art discloses various devices for supporting a person.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632