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 .
Election/Restrictions
Applicant's election with traverse of Invention II in the reply filed on 8 August 2025 is acknowledged. The traversal is on the ground(s) that the inventions share a technical feature, are functionally interdependent, and that there would be no search or examination burden. This is not found persuasive because while the inventions may share various technical features, they are nevertheless drawn to a restrictable combination and subcombination as previously set forth. Applicant’s citation of MPEP 806.05(c), though applicable to the restriction, makes no mention of shared technical features or unified inventive contributions as Applicant suggests. Further, while the combination and subcombination may be usable together, they are not mutually dependent as explained in the restriction requirement (i.e. the subcombination would be usable separately). Applicant’s citation of MPEP 806.05(e) appears irrelevant to this argument. Finally, while the aspects of the invention may overlap, they nevertheless present a search and examination burden as explained in the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
Applicant’s election without traverse of Species II in the reply filed on 8 August 2025 is acknowledged.
Claim 18 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8 August 2025. Note that while Applicant specifically traversed the restriction between Inventions I and II (as addressed above), Applicant did not specifically traverse the species election requirement.
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) 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US Patent Application Publication Number 2020/0139896).
Regarding claim 14, Smith discloses a car auxiliary headrest, comprising: a connecting component (at least 30), configured to pass through a hole of a car seat (between 14 and 24, and/or between members 52); a headrest structure (at least 36), detachably connected with a side of the connecting component; wherein the headrest structure is configured to support a head of a user sitting on the car seat (it would be capable of such function); and a limiting component (32 and/or 94, etc.), detachably connected with another side of the connecting component (at least in part); wherein the limiting component is configured to place an object (26 for instance).
Regarding claim 15, Smith further discloses the object is one of an electronic device and a tissue (26 is an electronic device).
Regarding claim 16, Smith further discloses the connecting component comprises: a connecting plate (including 44 for instance), snap-connected to the headrest structure (36 is snap connected at 85; see at least paragraph 56), and a connecting rod (at/adjacent 46 and/or a base of 92 for instance), connected between the limiting component and the connecting plate; and wherein an end face of the connecting plate facing away from the headrest structure is an arc-shaped structure configured to be matched with the hole of the car seat (at 50 for instance where various arc-shaped structures meeting the limitation are present; see figures), and a side of the connecting plate close to the headrest structure is provided with snap plates (85) snapped to the headrest structure.
Regarding claim 17, Smith further discloses the limiting component comprises: a fixed plate (horizontal portion adjacent 46), fixedly connected with the connecting rod; a panel (vertical portion adjacent 46), located on the fixed plate; a support platform (of 92), located between the panel and the fixed plate (at least in part), and comprising: bracket components (102), rotatably connected to the fixed plate; a connecting seat (100), rotatably connected to the fixed plate; and an auxiliary support platform (98), located on the connecting seat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHILIP F GABLER/Primary Examiner, Art Unit 3636