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 .
Response to Arguments
Applicant's arguments filed 2-Apr-26 have been fully considered but they are not persuasive. The rejections of claims 1-7, 9-11, 13-15, 17-19 and 23 under 35 USC 102 have been maintained.
In response to applicant’s argument that the reference to Zhang fails to show or teach the limitation “the at least one means for impeding comprises: a cover and/or lid, wherein the actuating device is at least partially covered by the cover and/or lid (pp. 13-14), the rejection has been updated to explain that the wall (not designated, fig. 3) of the SIP housing (133) that defines the cavity (133A) meets the limitation of “a cover” and is part of the means for impeding the movement into the rest position since the wall supports the mounting of the means of impeding (fig. 4).
In response to applicant’s argument that the reference to Zhang fails to show or teach that the SIP is not at least “exclusively lockable by a complete transfer [and] lockable by additional actuation” (pp. 15-16), the rejection has been updated to explain that the “additional actuation” is meet by movement (“additional actuation”) of the actuator 70 (“actuating device”) which must be performed for locking the SIP in its rest position (¶ [0034]).
Claims 12, 16 and 20-21 have been indicated as being allowable.
Drawings
The drawings were received on 2-Apr-26. These drawings are acceptable.
Specification
An amendment to the disclosure, received in reply filed on 2-Apr-26, is acknowledged. The amendment is acceptable, and has been entered.
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.
Claim 12 is 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.
Claim 12 is indefinite as it is unclear what is meant by “a/the locking”; it is unclear why both “a” and “the” are used before “locking”. As “locking” has not been previously introduced and does not have antecedent basis, it appears this should be “a locking”.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7, 9-11, 13-15, 17-19 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (US 2020/0339016).
Claim 1- Zhang discloses a child seat for mounting on a motor vehicle seat, wherein the child seat comprises: a seat shell (102); and a side impact protector (SIP 100) which is attached to the seat shell (fig. 2) and can be transferred between a rest position (first position/ stowed state) located within a predetermined width (shown in fig. 1), and a functional position (second position/ deployed stated) located outside the predetermined width (shown in fig. 2).
Zhang further discloses an actuating device (magnet actuator 70) which is spaced apart from the side impact protector (the magnet actuator 70 is spaced apart from the body 11 of the SIP by the wall defining the housing cavity 133A shown in figs. 3-4 that is fixed in the seat shell, ¶ [0025]).
And Zhang also discloses a means for impeding a movement into the rest position comprising a spring (30) and a lock (41), and a means for impeding or preventing a permanent setting of the rest position comprising a pair of linking elements (60) and a bent arm (735); wherein the means for impeding (30, 41) comprises: a cover (not designated, figs. 1-2) defined by the wall of the housing cavity (133A), wherein the actuating device (70) is at least partially covered by the cover (figs. 1-2 show that wall of the housing cavity 133A conceals the actuating device 70 and the means for impeding 30, 41).
Claim 2- Zhang discloses the child seat according to claim 1, further comprising a position transfer device (the operating device 50) for at least partially automatic transfer of the side impact protector (SIP) from the rest position to the functional position (the device 50 is manually pressed, by a caregiver or child occupant, to be against the seat surface 102A which triggers the magnet actuator 70 to move into a release position that releases the SIP from the rest position, ¶ [0045]- [0046]).
Claim 3- Zhang discloses the child seat according to claim 1, wherein the side impact protector (SIP 100) is not or at least not exclusively lockable by a complete transfer from the functional position to the rest position (¶ [0047], the SIP is not exclusively lockable by complete rotation into the rest position in fig. 1, the magnet actuator 70 must also be in its locking position so that the first locking device 20 can lock the SIP in the rest position).
Claim 4- Zhang discloses the child seat according to claim 1, wherein the means for impeding (30, 41) is configured to impede a release of a locked functional position (¶ [0046]- [0047], the bias force of the lock spring 43 maintains the locked functional position of the SIP thereby impeding its release, and the bias force of the spring 30 also holds the SIP in the functional position when the lock 41 is unlocked).
Claim 5- Zhang discloses the child seat according to claim 1, wherein the means for impeding (30, 41) is configured to impede a transfer to the rest position to allow only partial transfer to the rest position (¶ [0046]- [0047], the bias force of the spring 30 holds the SIP part 11 in the functional position such that manual rotation to the rest position is only a partial transfer to the rest position, and the spring force impedes the rotation).
Claim 6- Zhang discloses the child seat according to claim 1, wherein the side impact protector comprises a side element (11) which can be pivoted or folded (rotate, ¶ [0046]).
Claim 7- Zhang discloses the child seat according to claim 1, wherein the side impact protector (100) is not or at least not exclusively lockable by a movement thereof into the rest position (¶ [0047], the protector is not exclusively lockable by a pivotal movement into the rest/stowed position of fig. 1, the magnet actuator 70 must also be in its locking position so that the first locking device 20 can lock the SIP in the rest position).
Claim 9- Zhang discloses the child seat according to claim 1, further comprising a locking device (latching mechanism 40, pivot support member 131) configured for locking the functional position (¶ [0041]- [0042]). (Note that, in light of the specification of the instant application- pg. 2: 30-32 & pg. 34: 21-23, the locking device can be an element of the actuating device which can comprise the means of impeding.)
Claim 10- Zhang discloses the child seat according to claim 1, wherein the functional position (fig. 2) of the side impact protector (SIP) is lockable by a complete transfer of the side impact protector into the functional position (¶ [0046], the SIP is locked via the lock spring 43 when it is completely transferred to the functional position by the spring 30).
Claim 11 (as best understood)- Zhang discloses the child seat according to claim 1, wherein the actuating device (70) comprises: a first actuating device for setting a locking of the rest position (¶ [0029]), wherein the first actuation device comprises: a knob (flange 715, fig. 8), which functions as a slider for the magnet portion 21 (sliding the magnet between engaging and disengaging positions, figs. 7-8), and is structured as a lever (about pivot shaft 1336), and is separated from the side impact protector and/or a side element thereof by at least one separating structure (housing wall defining cavity 133A, figs. 5 & 9).
the child seat comprising: a first locking device (20) configured for locking the rest position (fig. 9, ¶ [0047]); wherein the first locking device comprises a manual first actuating device (70) for triggering or setting a locking of the rest position (¶ [0029], [0032]); and wherein the first actuating device (70) is covered by the cover (133) and is not visible from an inside (figs. 1, 2). The first actuating device (70) is manually operated by a caregiver or the body of a child occupant via the operating device (50) of the first actuating device (¶ [0046], [0047]).
Claim 13- Zhang discloses the child seat according to claim 9, wherein the locking device (40, 131) comprises a release mechanism (45) formed by a part of a side element (11) (fig. 3, ¶ [0041]).
Claim 14- Zhang discloses the child seat according to claim 1, wherein the side impact protector (100) comprises a side element (11) which is displaceable at least in sections (the side element is displaceable through a release section 45 and the lock 41, ¶ [0044]).
Claim 15- Zhang discloses the child seat according to claim 1, wherein the side impact protector (100) comprises or is formed by a side element (11).
Claim 17- Zhang discloses the child seat according to claim 1, wherein the side impact protector (100) comprises a side element (11) which can be pivoted for at least partial transfer into the rest position (¶ 47), wherein locking of the rest position can be performed by displacing a component (45) of the side element.
Claim 18- Zhang discloses the child seat according to claim 1, wherein the side impact protector (100) is provided in a back section (backrest portion 130) of the child seat (fig. 1), at the rear of a back support surface (the SIP is also on the rear side of the backrest portion 130), above a seat section (seat portion 110), and on an outer side (1301) of the seat shell (102).
Claim 19- Zhang discloses the child seat according to claim 1, wherein a side element (11) is formed as an arm projecting to the side in the functional position (fig. 2), extending at least substantially horizontally.
Claim 23- Zhang discloses a child seat for mounting on a motor vehicle seat, the child seat comprising:
a seat shell (102);
a side impact protector (SIP 100) attached to the seat shell (fig. 2), which is transferable between a rest position (first position/ stowed state) located within a predetermined width (shown in fig. 1), and a functional position (second position/ deployed stated) located outside the predetermined width (shown in fig. 2); and
a position transfer device (operating device 50) for at least partially automatically transferring the side impact protector from the rest position to the functional position (¶ [0045]- [0046]);
wherein the side impact protector is at least not exclusively lockable by a complete transfer from the functional position into the rest position, and the side impact protector is lockable by additional actuation of an actuating device (51) (the protector is not exclusively lockable by a pivotal movement into the rest/stowed position shown in fig. 1, the magnet actuator 70 must additionally be moved into its locking position- fig. 7- so that a first locking device 20 can lock the SIP in the rest position, ¶ [0034]).
Allowable Subject Matter
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 16 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 20-21 and 25 are allowed.
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.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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