DETAILED ACTION
In Response to Applicant’s Remarks Filed 8/26/25
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-23 are pending.
Claims 1-23 have been examined.
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) 1-19 and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uline (US 2,281,732). Uline discloses an infant highchair comprising: a base having a plurality of legs (fig. 1: 10); and a footrest (fig. 1: 25) having a first planar surface opposite a second planar surface (fig. 3: upper and lower faces of 25), the footrest positioned between a first and a second leg of the base, the footrest comprising two rotators (fig. 2: shown including at least 16, 20, 22, 26) configured to rotate the footrest into a first position for foot support and a second position for foot support, the first planar surface facing upward in the first position and being configured to support a foot, and the second planar surface facing upward in the second position and being configured to support the foot (As shown in the annotated figures below, each arm 25 has two end connections 26 which both have a 360 degree slot/prong rotational connection. Therefore, the top and bottom surface of 25 are capable of being used as a foot support upon 180 degree rotation of at least the upper end connection of 25 to foot support 30).
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As concerns claims 2, 12 and 17, Uline discloses wherein the footrest, the rotators configured to rotate the footrest into the first position and into the second position (the circular nut/rib configuration of 25 and 22 and/or 31 allows the footrest to be rotated 360 degrees).
As concerns claims 3 and 16, Uline discloses comprising a locking mechanism (fig. 22, 26) configured to lock the footrest in the first position and in the second position.
As concerns claim 4, Uline discloses comprising a locking mechanism configured to lock the footrest in more than two positions for foot support (fig. 2: shows a plurality of ribs 22).
As concerns claims 5, 13 and 23, Uline discloses wherein the footrest comprises a bottom support (fig. 2: underside of 25 or bracket 24) and two lateral supports (fig. 3: 20), each lateral support positioned adjacent a distal end of the bottom support, each rotator positioned to rotatably connect a respective lateral support and an adjacent leg of the base.
As concerns claims 6, Uline discloses wherein the bottom support is independently rotatable with respect to the two lateral supports (figs. 3 and 4 show 20 is connected to 24/25 by a rotatable pin connection 23).
As concerns claim 7 and 15, Uline discloses wherein the bottom support is fixed with respect to the two lateral supports (the footrest may be rotated such that lateral supports 20, 27 and bracket 24 do not move relative to each other in a fixed relationship).
As concerns claim 8, Uline discloses comprising two locking mechanisms configured to lock the footrest in the first position and in the second position, each locking mechanism associated with a respective rotator (each side has its own locking mechanism on the rotator).
As concerns claims 9, 20 and 21, Uline discloses wherein each locking mechanism comprises at least one peg and at least one slot positioned to receive the peg preventing rotation of the respective rotator (fig. 2: the locking mechanisms include respective ribs/recesses considered pegs and slots which are positioned to lock the rotator. Additionally, slot 29 also appears to align with ribs 22 to lock arm 27 of the locking mechanism).
As concerns claims 10 and 14, Uline discloses wherein each rotator comprises a ring (fig. 2: 17 has a ring shape to mate with 21) having a lip (fig. 2: portions 16 extend from/are extended lips from the ring 17), the ring being fixed to the adjacent leg of the base, and a plate (fig. 3: at least 27) having a channel (fig. 3: 29), the plate being fixed to the respective lateral support, wherein the lip is rotatably connected to the channel (they are rotatable relative to each other).
As concerns claim 11, Uline discloses a base having a plurality of legs (fig. 1: 10); and a footrest (fig. 2: 25) positioned between a first and a second leg of the base, the footrest comprising a bottom support (fig. 3: lower surface of 25 or bracket 24) having a first planar surface opposite a second planar surface and two rotators (fig. 3: at least 20) configured to rotate the footrest at least 180 degrees (the rotators allow for 360 rotation), the footrest configured to support a foot both in a first position corresponding to the first planar surface being level relative to the ground, and to support the foot in a second position, the second position being rotated 180 degrees relative to the first position (as discussed in claim 1 and shown in the annotated figure above).
As concerns claim 18, Uline discloses an infant highchair comprising: a base having a plurality of legs (fig.1: 10); and a footrest (fig. 1: 25) having a first planar surface opposite a second planar surface (fig. 3: upper and lower faces of 25), the footrest positioned between a first and a second leg of the base, the footrest comprising two rotators (fig. 2: at least 20) configured to rotate the footrest, two locking mechanisms (fig. 2: at least 17, 18) configured to lock the footrest in a first position for foot support and a second position for foot support, and two release actuators (fig. 2: wing nut 26), each release actuator configured to release a respective locking mechanism, the first planar surface facing upward in the first position and being configured to support a foot, and the second planar surface facing upward in the second position and being configured to support the foot (as discussed with respect to claim 1 and shown in the annotated figure above).
As concerns claim 19, Uline discloses wherein each release actuator is positioned adjacent a respective rotator (as shown in fig. 2).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uline in view of Reed (US 4844537). Uline does not wherein the wing nut release actuator is a spring-loaded button. However, use of spring-loaded buttons is considered old and well known in the art for adjustment between two elements, as shown by Reed (fig. 7, 39 and 40). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to use a spring-loaded button to apply the frictional connection between the two locking faces of Uline in order to provide a quicker means of connection/disconnection.
Response to Arguments
Applicant's arguments filed 8/26/25 have been fully considered but they are not persuasive. Applicant argues that, “[i]f part 25 were rotated the full 360 degrees, part 25 would be upside down, but would also extend in the wrong direction and be positioned in the wrong place, literally away from the feet, thereby providing no support.” While the Office does not concede this contention to be entirely correct, as the length of 25 is not expressly provided and it may be dimensioned so that if 25 was rotated 180 degrees to its lowermost point, the lower portion of the footrest may still support the feet of a user having longer legs, Uline does not necessarily require this in order to meet the claim. As discussed in claim 1, above, both ends of 25 have 360 degree rotational locking connections. As such, the upper end of 25 connected to bracket 31 may be rotated and locked along the full 360 degree rotation at the set intervals thereby allowing the “top” surface of 30 to be occupant facing in a first position and, while rod 25 remains stationary, foot support 30 may be rotated 180 degrees such that the “bottom” surface of support 30 is occupant facing. The rejection is therefore maintained.
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 TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636