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 § 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 1-36 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.
Claim 1 recites “a height adjustment assembly and/or a width adjustment assembly” and further has been amended to include “the width adjustment assembly is connected to a connecting position where the two connecting sheets and the two leg support portions are connected to each other” It is unclear if the width adjustment assembly is required in this claim. For this reason, the scope of claim 1 is unclear. For the purpose of examination, it is assumed that the width adjustment assembly is required.
Claim 1 recites “the width adjustment assembly is connected to a connecting position where the two sheets and the two leg support portions are connected to each other” It is noted that this limitation appears to claim a single position although the device appears to include two different positions where respective leg support portions connect to connecting sheets. To this degree it is unclear if the width adjusting mechanism can have one portion that connects at the connection of one leg support portion and one connecting sheet, or if the claim requires a connection of the with adjusting assembly at each of said connections. For this reason, the scope of claim 1 is unclear. For the purpose of examination, it is assumed that a width adjusting assembly can have one connection portion connected to the device where a connecting sheet and a support portion are attached.
Claims 2-36 are rejected as depending from claims 1, 20, 25, or 31 and therefore incorporating the indefinite scope.
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) 1-11, 20 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202019104952 U1 in view of Telford (US 2018/0116426 A1), Lindman et al. (US 2018/0235379 A1)(Lindman) and Lee (KR 2016/0035495 A).
Regarding claims 1 and 3, Fan discloses a baby carrying harness (Figs. 1-26), comprising a waist belt (111), a support sheet (120) fixed to the waist belt, shoulder straps (112) arranged along a lengthwise direction of the support sheet and connected to the support sheet, and wherein an end of the support sheet close to the waist belt forms a seat (123) for bearing a baby, wherein the baby carrying harness further comprises a height adjustment assembly (comprising portions of 121 and 1223 and/or the members of 128) and/or a width adjustment assembly (132/133), and either of the height adjustment assembly and the width adjustment assembly are able to cause the seat to switch between a collapsed position and an extended position to adjust a sitting height and/or a sitting width of the baby.
DE 202019104952 U1 demonstrates the seat includes a buttocks support portion (123), two leg support portions (124), but does not specifically disclose two connecting sheets, the two leg support portions are symmetrically connected to both sides of the buttocks support portion in a width direction through the two connecting sheets, and a thickness of each one of the two connecting sheets is smaller than a thickness of the buttocks support portion and a thickness of each one of the two leg support portions.
Telford discloses a similar baby carrier including a buttocks support portion (122), two leg support portions (140a/140b), and two connecting sheets (170), the two leg support portions are symmetrically connected to both sides of the buttocks support portion in a width direction through the two connecting sheets (Fig. 1), and a thickness of each one of the two connecting sheets is smaller than a thickness of the buttocks support portion and a thickness of each one of the two leg support portions (Figs. 1 and Fig. 8A, noting portions 122 and 140 are shown to be thicker, whereby material of 170 is shown to be thinner and more easily bendable).
To the degree that it can be argued that Telford may not specifically disclose the gusset material being thinner than the buttocks or leg support portions, Lindeman demonstrates a gusset portion made of a thinner material than its surrounding material (Paragraph 0042).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of DE 202019104952 U1 and use the teaching of Telford and Lindeman include a pair of gusset portions connecting the buttocks support portion and the leg support portions in order to allow the width of the seat portion to be adjusted and include a prescribed portion to bend and change shape such that the buttocks support and leg support portions maintain their intended shape through the range of adjustment thereby ensuring that the device maintains comfort through said range of adjustment.
To the degree that it is unclear if the modified device of DE 202019104952 U1 demonstrates a width adjustment assembly connected at a location where the connecting sheet and the leg support portion are attached, Lee demonstrates a baby carrier including a width adjusting device (31/35, Figs. 1 and 4) and having a connecting sheet (23) and side support portions (27) whereby the portion 35 is attached at a location where the connecting sheet 23 and side support portion 27 are attached (Figs. 1 and 4),
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of DE 202019104952 U1 and attach at least one portion of the width adjusting assembly to where at least one connecting sheet is attached to a leg support because such a change would have required a mere rearrangement of parts. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70. Alternatively, such a change would allow the width adjusting assembly to compress the connecting sheet while not compressing the support sections when the width is adjusted as demonstrated by Lee.
Regarding claim 2, DE 202019104952 U1 discloses both the height adjustment assembly and the width adjustment assembly have a connected state and a detached state (Figs. 1/2 and 3/4), and when the height adjustment assembly and/or the width adjustment assembly is switched between the connected state and the detached state, the seat is able to be switched between the collapsed position and the extended position.
Regarding claim 4, modified DE 202019104952 U1 demonstrates both the buttocks support portion and the leg support portions are filled with filling layers or fillers, but to the degree that they do not specifically disclose the connecting sheets is a single-layered structure, such a change would have required a mere choice of one of a finite number of solutions (i.e. a single layer, or multiple layers) and would have yielded predictable results.
Regarding claim 5, modified DE 202019104952 U1 discloses the width adjustment assembly includes at least one adjusting unit (132), each one of the at least one adjusting unit is arranged along the width direction of the seat, and when the adjusting unit is switched between the connected state and the detached state, the seat is able to be switched between the collapsed position and the extended position in its width direction (Fig. 16).
Regarding claim 6, modified DE 202019104952 U1 discloses each of the adjustment units (132) is arranged at intervals along the width direction of the seat (Fig. 16).
Regarding claim 7, modified DE 202019104952 U1 discloses the adjusting unit includes a first adjusting member (Fig. 16 noting 131 or 133) and a second adjusting member (Fig. 16 noting the other of 131 or 133) detachably connected to each other, and the first adjusting member and the second adjusting member are respectively arranged on both sides of the seat in the width direction.
Regarding claim 8, modified DE 202019104952 U1 discloses the first adjusting member and the second adjusting member are cooperative plug-in buckles, snap buckles, magic tapes, zippers, or fixing buckles and fixing rings being detachably fit to each other (Page 4 of the translation, Paragraph 3).
Regarding claim 9, modified DE 202019104952 U1 discloses one of the first adjusting member and the second adjusting member extends in the width direction of the seat (Fig. 16, 131) and has at least one adjusting section, and the adjusting section is optionally and detachably connected to the other one of the first adjusting member and the second adjusting member (133).
Regarding claim 10, modified DE 202019104952 U1 discloses one of the first adjusting member and the second adjusting member is a cloth belt (131, Page 3, second to last paragraph of the translation), the other one of the first adjusting member and the second adjusting member is a fixing buckle or a fixing ring (133, Page 4 of the translation, Paragraph 3) being detachably buckled with the cloth belt, one end of the cloth belt is connected to one side of the seat in the width direction (Fig. 16), and the fixing buckle or the fixing ring is connected to the other one side of the seat in the width direction (Fig. 15).
Regarding claim 11, DE 202019104952 U1 discloses the height adjustment assembly is arranged on an inner side or an outer side of the support sheet (noting portions 1281 are inside of the support sheet portion 124), and when the height adjustment assembly is switched between the connected state and the detached state, the seat is able to be switched between the collapsed position and the extended position in its height direction (Fig. 26).
Regarding claim 20, DE 202019104952 U1 discloses a horizontal height of the extended position is lower than that of the collapsed position (noting expandable portion in a collapsed condition raises portion 128 when portions 1281 are connected, Fig. 25-26).
Regarding claim 24, DE 202019104952 U1 discloses the height adjustment assembly (noting portion 128) is arranged on an inner side of the support sheet.
Claim(s) 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202019104952 U1 in view of Telford (US 2018/0116426 A1), Lindman et al. (US 2018/0235379 A1)(Lindman) and Lee (KR 2016/0035495 A) as applied to claim 11 above, in view of Lindblom (US 2015/0069097 A1).
Regarding claims 12-13, DE 202019104952 U1 does not specifically disclose the height adjustment assembly is arranged on an inner side or an outer side of the support sheet and when the height adjustment assembly is in the connected state, is connected above and below the seat, or height adjustment assembly has one end connected to the seat and another one end connected above or below the seat, such that the seat is in the collapsed position in its height direction, wherein the height adjustment assembly includes a third adjusting member and a fourth adjusting member detachably connected to each other, the third adjusting member and the fourth adjusting member are respectively arranged above and below the seat.
Lindblom teaches the ability to have a baby carrying device including a height adjustment assembly including portions in a connected state, are connected above and below the seat (Fig. 10 or 11, to the degree that portions of straps 10 and 11 extend above and below the seat and are connect to the belt (below) and shoulder straps (above)) wherein the height adjustment assembly includes a third adjusting member and a fourth adjusting member detachably connected to each other, the third adjusting member and the fourth adjusting member are respectively arranged above and below the seat (noting either each portion of 10 or 11 is considered the third and fourth portions).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of DE 202019104952 U1 and include height adjustment portions similar to that of Lindblom because such a change would include an additional set of straps that traverse the height of the support sheet thereby further helping to support the baby and also to maintain a desired height adjustment.
Regarding claim 14, modified of DE 202019104952 U1 and specifically Lindblom discloses there is a plurality of said third adjusting members and/or a plurality of said fourth adjusting members, and the plurality of third adjusting members and/or the plurality of fourth adjusting members are arranged at intervals along the lengthwise direction of the support sheet (Fig. 5, noting portions 19-23).
Regarding claim 15, modified DE 202019104952 U1 and specifically Lindblom discloses the third adjusting member and the fourth adjusting member are cooperative plug-in buckles, snap buckles, magic tapes, zippers, or fixing buckles and fixing holes being detachably fit to each other (Figs. 3-5).
Regarding claim 16, modified DE 202019104952 U1 and specifically Lindblom discloses the height adjustment assembly further includes a height adjusting member (Fig. 10, noting the portion between 29 and 32), at least one end of the height adjusting member is detachably connected to the third adjusting member (either the upper portions of 10 or 11 via 39 or 43) and/or the fourth adjusting member, and when the height adjusting member is connected, the sitting height of the baby is raised (noting tightening of 10 and 11 will affectively raise the baby relative to the top portion of the carrier).
Regarding claim 17, modified DE 202019104952 U1 and specifically Lindblom discloses two ends of the height adjusting member are respectively provided with a fifth adjusting member (37) detachably connected to the third adjusting member (10) and a sixth adjusting member (41) detachably connected to the fourth adjusting member (11).
Regarding claim 18, modified DE 202019104952 U1 and specifically Lindblom discloses the fifth adjusting member and sixth adjusting members are fixing holes to the degree that the interior of a loop is considered a fixing hole.
To the degree that it can be argued that the openings in the loops are not considered fixing holes, such a change would have required the mere choice of one known securing mechanism over another and would have yielded predictable results.
Regarding claim 19, modified DE 202019104952 U1 and specifically Lindblom discloses a fixing member (16) is disposed at a front end of the shoulder straps, and one of the third adjusting member and the fourth adjusting member is connected to the fixing member (Fig. 3).
Claim(s) 21-23 and 25-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202019104952 U1 in view of Telford (US 2018/0116426 A1), Lindman et al. (US 2018/0235379 A1)(Lindman) and Lee (KR 2016/0035495 A) as applied to claim 20 above, and further in view of DE 202008013895 U1.
Regarding claim 21, DE 202019104952 U1 demonstrates a zipper portions of adjustment member 128, but does not specifically disclose the seat changes its connection with the height adjustment assembly, so as to switch the seat between the extended position and the collapsed position.
DE 202008013895 U1 demonstrates a similar carrier including a height adjustment assembly (3) capable of changing its connection to the seat (lower portion of 1, via adjustable attachment 33) so as to switch between a collapsed and extended position.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of DE 202019104952 U1 and use the teaching of DE 202008013895 U1 and attach the adjusting portion (128) to the seat using an adjustable connection similar to that of DE 202008013895 U1 because such a change would allow the device to have additional adjustment thereby allowing the device to for comfortably fit a greater number of children.
Regarding claim 22-23, modified DE 202019104952 U1 and specifically DE 202008013895 U1 discloses there is a first connection and a second connection relationship between the seat and the height adjustment assembly, the first connection relationship makes the seat in the extended position, and the second connection relationship makes the seat in the collapsed position noting the adjustment of the connection (33) or the detachment therefrom, wherein the seat is detachably connected to the height adjustment assembly, the seat is connected to the height adjustment assembly to form the first connection relationship, and the height adjustment assembly is detached from the seat to form the second connection relationship.
Regarding claim 25, DE 202019104952 U1 discloses the height adjustment assembly includes a connecting sheet (noting the structure of 128), but does not specifically disclose one end of the connecting sheet is detachably connected to the shoulder straps, and the other one end of the connecting sheet is detachably connected to an upper portion of the support sheet.
DE 202008013895 U1 demonstrates a connecting sheet (3) detachably connected to the shoulder straps (via 28/28’/10/10’), and the other one end of the connecting sheet is detachably connected to an upper portion of the support sheet (at 33).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of DE 202019104952 U1 and attach one end of the connecting sheet to the shoulder straps through a detachable connection, and the other end of the connecting sheet to the support sheet by an adjustable/detachable connection in order to allow the user to remove the connecting sheet if it is not needed as well as include additional adjustment capabilities in order to comfortably fit differently sized and shaped children.
Regarding claim 26, modified DE 202019104952 U1 and specifically DE 202008013895 U1 discloses the front ends of the shoulder straps are sleeved with a fixing member (10/14), and the fixing member is fixedly connected to the front ends of the two shoulder straps.
Regarding claim 27, modified DE 202019104952 U1 and specifically DE 202008013895 U1 discloses two ends (noting lobes 26) of the connecting sheet are detachably connected to the fixing member (Fig. 3) via buckles and the upper part of the support sheet by Velcro or snaps (33).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of DE 202008013895 U1 and attach the ends of the connecting sheet via zippers because such a change would have required a mere replacement of one known detachable structure for another and would have yielded predictable results.
Regarding claim 28, modified DE 202019104952 U1 and specifically DE 202008013895 U1 disclose rear ends of the shoulder straps is connected to a weaved strap structure (noting the strap structure located between 14 and 2).
Regarding claim 29, modified DE 202019104952 U1 and specifically DE 202008013895 U1 disclose the weaved strap structures at the rear ends of the two shoulder straps are respectively fixed to both ends of the fixing member (10/14).
Claim(s) 30-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202019104952 U1 in view of Telford (US 2018/0116426 A1), Lindman et al. (US 2018/0235379 A1)(Lindman) and Lee (KR 2016/0035495 A) as applied to claim 20 above, and further in view of DE 202010011906 U1.
Regarding claims 30-32 and 34, DE 202019104952 U1 does not specifically disclose the height adjustment assembly is arranged on an outer side of the support sheet wherein the height adjustment assembly includes several connecting members, and the connecting members are one of magic tapes, buttons and fixing rings, snap buttons, zippers and plug-in buttons cooperative to each other, wherein the height adjustment assembly includes a first connecting member, a second connecting member, and a third connecting member, and the first connecting member, the second connecting member, and the third connecting member are arranged in a row on the lower part of the support sheet and a front end of the waist belt.
DE 202010011906 U1 demonstrates a baby carrier including a height adjustment assembly is arranged on an outer side of the support sheet wherein the height adjustment assembly includes several connecting members (21/36/33), and the connecting members are one of magic tapes, buttons and fixing rings, snap buttons, zippers and plug-in buttons cooperative to each other, wherein the height adjustment assembly includes a first connecting member, a second connecting member, and a third connecting member, and the first connecting member, the second connecting member, and the third connecting member are arranged in a row on the lower part of the support sheet and a front end of the waist belt (Figs. 3 and 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of DE 202019104952 U and include an adjustable frame portion adjustably connected to the sheet and belt portion via attachments similar to that of DE 202010011906 U1 because such a change would help to maintain a desired shape of the device in an adjustable way thereby ensuring the carrier is held in a desired configuration and size.
Regarding claim 33, modified DE 202019104952 U1 does not specifically disclose the height adjustment assembly is a magic tape, the second connecting member is a male buckle on the magic tape, each of the first connecting member and the third connecting member is a female buckle on the magic tape. Such a change would have required a mere choice of one known suitable detachable connection member for another and would have yielded predictable results.
Regarding claim 35-36, modified DE 202019104952 U1 and specifically DE 202010011906 U1 demonstrates the support sheet raises a height position of the seat by buckling between the first connecting member and the second connecting member on the support sheet (Fig. 8), such that the seat is in the collapsed position, wherein the support sheet lowers a height position of the seat by buckling between the second connecting member arranged on the support sheet and the third connecting member arranged on the waist belt (Fig. 10), such that the seat is in the extended position.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-36 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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