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 § 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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schenkman (US 2,989,318).
Regarding claim 1, Schenkman teaches: a baby stroller frame switchable between a stretched position (shown in Fig. 1) and a retracted position (shown in Fig. 6), wherein the baby stroller frame comprises:
a retracting-stretching device (including at least elements 21, 26, 27, 30);
a front leg (including at least elements 121, 130) pivotally connected to the retracting-stretching device;
a rear leg (including at least elements 122, 135) pivotally connected to the retracting-stretching device, the rear leg and the front leg performing a stretching or retracting movement in respect to each other by assistance of the retracting-stretching device;
a front carrying stand (including at least element 32) pivotally connected to the retracting-stretching device; and
a rear carrying stand (including at least element 34) pivotally connected to the retracting-stretching device, the rear carrying stand and the front carrying stand performing a stretching or retracting movement in respect to each other by assistance of the retracting-stretching device;
wherein during a process that the baby stroller frame is switched from the stretched position to the retracted position, while the front leg and the rear leg are pivotally retracting close to each other, the front carrying stand and the rear carrying stand are pivotally retracting close to each other, thereby achieving a retracting of the baby stroller frame.
Relevant elements are best shown in Figs. 1, 5, and 6. For convenience, Fig. 1 is re-produced below:
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Regarding claim 2, Schenkman further teaches: wherein the front carrying stand is connected to the front leg, and the rear carrying stand is connected to the rear leg. See Fig. 1.
Regarding claim 3, Schenkman further teaches: the front carrying stand is pivotally connected to the front leg, the rear carrying stand is pivotally connected to the rear leg; and during a process that the front leg and the rear leg are pivotally retracting close to each other, the front carrying stand and the rear carrying stand are linked to pivotally retract close to each other. See Figs. 1, 5, and 6.
Regarding claim 4, Schenkman further teaches: wherein during a process that the front leg and the rear leg are pivotally retracting upwardly close to each other, the front carrying stand and the rear carrying stand are linked to be pivotally retracting downwardly close to each other; or during a process that the front leg and the rear leg are pivotally retracting downwardly close to each other, the front carrying stand and the rear carrying stand are linked to be pivotally retracting upwardly close to each other. See Figs. 1, 5, and 6.
Regarding claim 5, Schenkman further teaches: wherein the front carrying stand is located on an inner side of the front leg, and the rear carrying stand is located on an inner side of the rear leg. See how elements 130 and 135 of respective legs overlap their associated carrying stands in Fig. 1.
Regarding claim 6, Schenkman further teaches: wherein the retracting- stretching device includes: a device skeleton (26, 27) pivotally connected to the front leg and the rear leg respectively (the leg elements 121, 122 pivot and translate relative to the skeleton 26, 27); and a movable mount (23) slidably arranged on the device skeleton, the movable mount being pivotally connected to the front carrying stand and the rear carrying stand respectively; and during a process that the front leg and the rear leg are pivotally retracting close to each other, the front carrying stand and the rear carrying stand are also linked to slide along with the movable mount. See Figs. 1 and 5.
Claim(s) 1-7 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Young (US 9,327,749).
Regarding claim 1, Young teaches: a baby stroller frame switchable between a stretched position (shown in Fig. 3) and a retracted position (shown in Fig. 9), wherein the baby stroller frame comprises:
a retracting-stretching device (including at least elements 18, 116, 120, 124);
a front leg (22 and/or 34) pivotally connected to the retracting-stretching device;
a rear leg (26 and/or 64) pivotally connected to the retracting-stretching device, the rear leg and the front leg performing a stretching or retracting movement in respect to each other by assistance of the retracting-stretching device;
a front carrying stand (92) pivotally connected to the retracting-stretching device; and
a rear carrying stand (96) pivotally connected to the retracting-stretching device, the rear carrying stand and the front carrying stand performing a stretching or retracting movement in respect to each other by assistance of the retracting-stretching device;
wherein during a process that the baby stroller frame is switched from the stretched position to the retracted position, while the front leg and the rear leg are pivotally retracting close to each other, the front carrying stand and the rear carrying stand are pivotally retracting close to each other, thereby achieving a retracting of the baby stroller frame.
Relevant elements are best shown in Figs. 2, 3, 6, 7, and 9.
Regarding claim 2, Young further teaches: wherein the front carrying stand is connected to the front leg, and the rear carrying stand is connected to the rear leg. See Figs. 2-3.
Regarding claim 3, Young further teaches: the front carrying stand is pivotally connected to the front leg, the rear carrying stand is pivotally connected to the rear leg; and during a process that the front leg and the rear leg are pivotally retracting close to each other, the front carrying stand and the rear carrying stand are linked to pivotally retract close to each other. See at least Fig. 9.
Regarding claim 4, Young further teaches: wherein during a process that the front leg and the rear leg are pivotally retracting upwardly close to each other, the front carrying stand and the rear carrying stand are linked to be pivotally retracting downwardly close to each other; or during a process that the front leg and the rear leg are pivotally retracting downwardly close to each other, the front carrying stand and the rear carrying stand are linked to be pivotally retracting upwardly close to each other. See at least Fig. 9.
Regarding claim 5, Young further teaches: wherein the front carrying stand is located on an inner side of the front leg, and the rear carrying stand is located on an inner side of the rear leg. See Fig. 5.
Regarding claim 6, Young further teaches: wherein the retracting- stretching device includes: a device skeleton (19, 124) pivotally connected to the front leg and the rear leg respectively; and a movable mount (116) slidably arranged on the device skeleton, the movable mount being pivotally connected to the front carrying stand and the rear carrying stand respectively; and during a process that the front leg and the rear leg are pivotally retracting close to each other, the front carrying stand and the rear carrying stand are also linked to slide along with the movable mount. See Figs. 6 and 7.
Regarding claim 7, Young further teaches: the device skeleton includes a base (18) pivotally connected to the front leg and rear the leg respectively and an intermediate connecting support (124) with a top end assembled on the base, and the movable mount is slidably arranged on the intermediate connecting support in the up- down direction. See Figs. 6 and 7.
Regarding claim 20, Young further teaches: wherein the baby stroller frame further comprises a front wheel (44) arranged at a bottom of the front leg and a rear wheel (76) arranged at a bottom of the rear leg, and the front wheel and the rear wheel abut against each other when the baby stroller frame is in the retracted position. See Fig. 9.
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) 16, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young, as applied above, in further view of Gibson (US 11,001,289).
Regarding claim 16, Young fails to teach the canopy supports as claimed. Gibson teaches: a baby stroller frame comprising a front canopy support and a rear canopy support; the front canopy support (A) is pivotally connected to the front leg, the rear canopy support (B) is pivotally connected to the rear leg (the canopy supports are pivotally connected at respective joints C; pivoting the canopy supports downward would facilitate the canopy supports respectively lying beside frame elements analogous to the legs from Young); and during a process that the baby stroller frame is switched from the stretched position to the retracted position, the front canopy support is pivoted forward and downward to a position abutting against the front leg, and the rear canopy support is pivoted backward and downward to a position abutting against the rear leg. See the annotated version of Fig. 1, below.
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Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the baby stroller frame from Young with canopy supports, as suggested by Gibson; the motivation being: to provide shade to the stroller occupant(s).
Regarding claim 21, Young fails to teach: wherein the baby stroller frame further comprises a handrail pivotally connected to the front leg, the handrail is switchable between a pushed backward position and a dragged forward position, when the handrail is pivoted to the pushed backward position it is be on the same side as the rear leg, when the handrail is pivoted to the dragged forward position it is be on the same side as the front leg.
Gibson teaches: wherein the baby stroller frame further comprises a handrail (140) pivotally connected to a front leg, the handrail is switchable between a pushed backward position (Fig. 2) and a dragged forward position (Fig. 3), when the handrail is pivoted to the pushed backward position it is be on the same side as a rear leg, when the handrail is pivoted to the dragged forward position it is be on the same side as the front leg.
Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the baby stroller frame from Young with a handrail which pivots between front and back, as suggested by Gibson; the motivation being: to provide additional versatility, enabling the frame to be pushed like a stroller and pulled like a wagon.
Regarding claim 22, the combination further teaches: wherein the handrail is located on an outer side of both the front leg and the rear leg. See Fig. 1 from Gibson.
Additionally/alternatively, it would be obvious to those having ordinary skill in the art to place the handrail on an outer side of both the front leg and the rear leg as a matter of design choice, yielding the same predictable results, since such a modification is a change of location of parts. The rearranging of parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young, as applied above, in further view of Kim (US 11,097,761).
Regarding claim 17, Young fails to teach the dining plate as claimed. Kim teaches a baby stroller frame comprising a detachably assembled dining plate (220, 221). See Fig. 4. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the baby stroller frame from Young with a dining plate, as suggested by Kim; the motivation being: for providing an easy to reach and cleanable surface for drinks, snacks, and toys. Because the dining plate from Kim is located in a position analogous to the device skeleton from Young, the combination accordingly teaches: a dining plate detachably assembled to the device skeleton.
Regarding claim 18, the combination further teaches: an elastic engaging finger (221) is formed on the dining plate, and the dining plate is clamped to the device skeleton by assistance of the elastic engaging finger. See Fig. 4 from Kim.
Regarding claim 19, the combination further teaches: wherein the elastic engaging finger extends downward and protrudes. See Fig. 4 from Kim.
Allowable Subject Matter
Claims 8-14, 23, and 24 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 8 (which depends from claims 7, 6, 3, 2, and 1) requires: “wherein the retracting-stretching device further includes a locking member, the locking member is movably arranged on one of the device skeleton and the movable mount, and the other one of the device skeleton and the movable mount is provided with a slotted structure for cooperating with the locking member, and the locking member is switchable between a locked position for locking with the slotted structure and an unlocked position for separating from the slotted structure.” These limitations are not taught by Schenkman or Young, and it would not be obvious to modify Schenkman or Young to arrive at the invention set forth by claim 8.
Claims 9-14 would be allowable because they depend from claim 8.
Claim 23 requires: wherein the baby stroller frame further comprises a handrail, the handrail includes a sleeve assembled on the front leg and a hand lever arranged passing through the sleeve; a bottom end of the hand lever passes downward through the sleeve and extends to a front of the front wheel when the baby stroller frame is in the retracted position, such that the baby stroller frame stands on the ground by assistance of a bottom end of the hand lever, the front wheel, and the rear wheel.
These limitations are not taught by Schenkman or Young. A relevant device having a sleeve (90) and handrail (10) is taught by Zhang (CN 103204177). See especially Figs. 1 and 12. It would not be obvious to modify Schenkman or Young with the sleeve and handrail from Zhang, as Zhang requires a significantly different frame.
Claim 24 would be allowable because it depends from claim 23.
None of the prior art, alone or in combination, anticipates or renders obvious the subject matter of claims 8-14, 23, 24. To modify any of the prior art of record to arrive at the invention set forth by claims 8-14, 23, 24 would be unobvious and improper hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional art of record relates to strollers and wagons having relevant frames.
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.
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/EMMA K FRICK/ Primary Examiner, Art Unit 3613