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 .
DETAILED ACTION
Claims 1 – 16 and 19 have been examined. Claims 17 – 18 have been withdrawn by Applicant via election/restriction.
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.
Claims 1 – 5 and 7 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN204623212U) in view of Lonstein et al. (CA3049015). In regard to claim 1, Zhang discloses a child carrier comprising a seat plate (Fig. 1, bottom portion of item 1), a seat plate bracket supporting the seat plate (Fig. 1, item 3), and a locking device configured to locking a position of the seat plate on the seat plate bracket (Fig. 4), wherein the seat plate is slidable in frontward and rearward directions relative to the seat plate bracket (Figs. 1 and 2).
In regard to claim 2, Zhang discloses wherein the seat plate bracket comprises at least two positioning holes arranged at intervals in a front-rear direction (Fig. 1, item 5), wherein the locking device comprises a locking member comprising a locking pin portion, the locking member having a locked position and an unlocked position (Fig. 1, item 6), and wherein when the locking member is in the locked position, the locking pin portion is inserted into corresponding one of the at least two positioning holes to lock a position of the seat plate on the seat plate bracket (Fig. 3), and when the locking member in the unlocked position, the locking pin portion is withdrawn from the corresponding one of the at least two positioning holes to allow the seat plate to slide along the seat plate bracket (Fig. 4).
In regard to claim 3, Zhang discloses wherein the locking device further comprises an elastic element configured to keep the locking member in the locked position, and wherein the locking member is capable of switching from the locked position to the unlocked position by overcoming elastic force of the elastic element when subjected to an external force (Figs. 3 and 4, item 11).
In regard to claim 4, Zhang discloses wherein a first guiding mechanism is arranged between the locking member and the seat plate, and the first guiding mechanism is configured to guide the locking member to move leftward or rightward, such that the locking member is switched between the locked position and the unlocked position (Figs. 3 and 4, unnumbered component holding item 6).
In regard to claim 5, Zhang discloses wherein the first guiding mechanism comprises a sliding groove or a sliding rail extending in a left-right direction, the locking member being slidingly fitted with the sliding groove or the sliding rail, and/or wherein the first guiding mechanism comprises a first elongated hole extending in the left-right direction, and a first connecting post slidingly fitted with the first elongated hole, the first elongated hole being arranged on one of the seat plate and the locking member, the first connecting post being arranged on the other of the seat plate and the locking member (Figs. 3 and 4, unnumbered component holding item 6).
In regard to claim 7, Zhang discloses wherein the locking device further comprises a first releasing member movable in the frontward and rearward directions (Figs. 3 and 4, item 9), and wherein a first conversion mechanism is arranged between the first releasing member and the locking member, and the first conversion mechanism is configured to convert frontward and rearward movements of the first releasing member into leftward and rightward movements of the lock member (Figs. 3 and 4, items 12 and 13).
In regard to claim 8, Zhang discloses wherein the first conversion mechanism comprises an obliquely elongated hole and a fixed post slidingly fitted with the obliquely elongated hole, and wherein one of the obliquely elongated hole and the fixed post is arranged on the locking member, and the other of the obliquely elongated hole and the fixed post is arranged on the first releasing member(Figs. 3 and 4, items 12 and 13).
In regard to claim 9, Zhang discloses wherein a second guiding mechanism is arranged between the first releasing member and the seat plate, and the second guiding mechanism is configured to guide the first releasing member to move in the frontward and rearward directions (Figs. 3 and 4, unnumbered bracket holding item 9).
Zhang does not disclose a linearly slidable seat plate. In regard to claim 1, Lonstein discloses a child seat comprising a seat plate linearly slidable in frontward and rearward directions relative to a seat plate bracket (Fig. 7).
The addition of these features would result in a predictable variation that one of ordinary skill in the art would recognize as no more than the predictable use of prior art elements according to their established functions, which has been held unpatentable under 35 U.S.C. 103(a), absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art. Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BAPI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 19 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN204623212U) in view of Lonstein et al. (CA3049015), as applied to claims 1 – 5 and 7 – 9 above, and further in view of Heisey et al. (8,876,208). Zhang in view of Lonstein does not disclose a stroller frame for the child carrier. In regard to claims 19 and 20, Heisey discloses wherein a child carrier is a stroller or a child dining chair (Fig. 1, item 16), and a main frame of the child carrier comprises a front armrest (Fig. 1, unnumbered handle on item 16) and a seat plate bracket (Fig. 1, item 37).
The addition of these features would result in a predictable variation that one of ordinary skill in the art would recognize as no more than the predictable use of prior art elements according to their established functions, which has been held unpatentable under 35 U.S.C. 103(a), absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art. Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BAPI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Allowable Subject Matter
Claims 11 – 16 are allowed.
Claims 6 and 10 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: Zhang et al. (CN204623212U) discloses a child carrier similar to the instant invention; however Zhang, either alone or in combination, neither discloses nor suggests a child carrier comprising (in regard to claim 6) a cover plate is provided with a second elongated hole extending in the left-right direction, wherein the locking member is provided with a second connecting post, and the second connecting post extends through and out of the second elongated hole to receive the external force; and wherein the elastic element is mounted in the sliding groove, (in regard to claim 10) wherein two locking members are provided, and the two locking members are positioned between the two supporting tubes and face each other in a straight line, and wherein the elastic element is clamped between ends of the two locking members which are close to each other, and each of ends of the two locking members away from each other is provided with the locking pin portion, and (in regard to claim 11) wherein the locking members is connected to the seat plate through a pivot shaft, and the locking member is rotated around the pivot shaft to be switched between the locked position and the unlocked position. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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, Allen Shriver can be reached at 303.297.4337. 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.
/JOHN D WALTERS/Primary Examiner, Art Unit 3613
Prosecution Insights