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 .
Claims 1, 3-5 and 7-20 are pending in the application. Claim 2 has been canceled. No newly added claims presented.
Claim Rejections - 35 USC § 103
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 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, 3-5 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2016/0174728A1 hereinafter referred to as Karp in view of US Patent Publication US2017/0055591A1 hereinafter referred to as Clouse.
Re-Claim 1 Karp discloses a sleep system (see fig. 2), the system comprising: a sleep device 16 fig. 2 comprising a movable platform 16 and an attachment mechanism 30 fig. 2, 402 fig. 24b 2316 fig. 23b; a support 26 fig.2 attached or attachable to the platform or a mattress position on the platform; a harness 2508 fig. 25L attached or attachable to the support, the harness comprising: a torso wrap 2508 comprising a first side and a second side (see fig.25L) configured to extend around the torso and arms of the infant to secure the arms of the infant at sides of the infant (see fig.25L).
However Karp does not disclose the harness comprising: a torso wrap to wrap around a torso of an infant, the torso wrap comprising a first side and a second side, each of the first and second sides configured to extend outward of the support when the harness is attached thereto, and the first side including a first attachment structure and the second side including a second attachment structure, and a diaper flap having an anchor end and a securing end configured to wrap around a crotch of the infant, the securing end including an attachment structure, wherein, when the torso wrap is wrapped around the arms and torso of the infant and the diaper flap is wrapped around the crotch of the infant, the attachment structure of the securing end is configured to attach to both the first and second attachment structures to secure the diaper flap to the torso wrap.
Clouse teaches a support 10, 12 fig. 1 attached or attachable to a mattress [0045 “The slip cover 12 fits tightly over the mattress but is easy to remove as well.”], a harness 14, 34, 41 fig.1 attached to the support comprising: a torso wrap 16, 166 fig.1 to wrap around a torso of an infant see fig. 6 & 10, the torso wrap comprising a first side 143 fig.1 and a second side 145 fig. 1, each of the first and second sides configured to extend outward of the support when the harness is attached thereto, and the first side including a first attachment structure 168 fig.1 and the second side including a second attachment structure 169 fig.1, and a diaper flap 161 fig.1 having an anchor end and a securing end configured to wrap around a crotch of the infant (see fig.2-4), the securing end including an attachment structure 164, 165 fig.1, wherein, when the torso wrap is wrapped around the arms (Examiner notes the torso wrap of Clouse is capable of being wrapped around the arms of the infant) and torso of the infant and the diaper flap is wrapped around the crotch of the infant, the attachment structure of the securing end is configured to attach to both the first and second attachment structures to secure the diaper flap to the torso wrap (see fig.2-4) [0050 “The central section or central bar 148 is perpendicular to and connects left and right side flaps 143, 145 of the top bar 166 and to the corresponding the bottom bar 161 and is preferably ten to fifteen inches long, providing a large enough area in which to lay the child and then to pull the bottom bar 161 up between the legs and fasten the loop material patches 164 and 165 to the mating hook material patches 168 and 169, respectively.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the baby sleep system of Karp and the harness of the sleep system of Clouse and with a reasonable expectation of success arrived at a sleep system with a harness as taught by Clouse. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of securely holding the baby with it head in an upright position as taught in Clouse [0055] “The harness 16 securely holds the baby with its head in an upright position on a level or an inclined plane such as a raised mattress whereby the pouch is secured to the edge of the harness or swaddle or both”.
Re-Claim 3
Karp as modified by Clouse above discloses,
wherein the securing end of the diaper flap extends a horizontal width wider than a midsection 148 fig.1 Clouse of the diaper flap fig. 1 Clouse.
Re-Claim 4
Karp as modified by Clouse above discloses,
wherein the anchor end and the securing end have horizontal lengths greater that a horizontal length of a midsection 148 fig.1 Clouse of the diaper flap fig. 1 Clouse.
Re-Claim 5
Karp as modified by Clouse above discloses,
wherein one or both of the first attachment structure or the second attachment structure includes multiple attachment points along a vertically extending length fig. 1-3 Clouse for selectively coupling to the diaper flap to adjust the operable length of the diaper flap (the attachment structure of Clouse is large enough that it can be selectively attached along different lengths of the attachment structures).
Re-Claim 7
Karp as modified by Clouse above discloses,
wherein the support comprises a sheet 12 fig.4 [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 8
Karp as modified by Clouse above discloses,
wherein the support further comprises an attachment structure (slip formation) configured to removably attach the support to the mattress [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 9
Karp as modified by Clouse above discloses,
wherein the support is configured to extend around the mattress such at a portion of the support extends beneath the mattress (the slip cover construction as disclosed in Clouse) [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 10
Karp as modified by Clouse above discloses,
wherein the support comprises a sheet, wherein the support comprises an attachment structure configured to removably attach the support to the mattress, and wherein the support is configured to extend around the mattress such that a portion of the support extends beneath the mattress (the slip cover construction as disclosed in Clouse) [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 11
Karp as modified by Clouse above discloses,
wherein the first side and second side are configured to extend around the torso and arms of the infant to secure arms of the infant at sides of the infant (see fig.25I Karp), wherein the securing end of the diaper flap extends a horizontal width wider than a midsection 148 fig.1 Clouse of the diaper flap, wherein the anchor end and the securing end have horizontal lengths greater that a horizontal length of the midsection of the diaper flap.
Re-Claim 12
Karp as modified by Clouse above discloses,
wherein one or both of the first attachment structure or second attachment structure includes multiple attachment points along a vertically extending length for selectively attaching to the diaper flap to adjust the operable length of the diaper flap (the attachment structure of Clouse is large enough that it can be selectively attached along different lengths of the attachment structures).
Re-Claim 13
Karp as modified by Clouse above discloses,
wherein the first and second attachment structures are positioned along upper surfaces of the respective first side and second side of the torso wrap (see fig. 1-3 Clouse).
Re-Claim 14
Karp as modified by Clouse above discloses,
wherein the support comprises a sheet 12 fig.4 Clouse, and wherein the support is configured to extend around the mattress such at a portion of the support extends beneath the mattress. [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 15
Karp as modified by Clouse above discloses,
wherein the support further comprises an attachment structure (slip structure) configured to removably attach the support to the mattress. [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 16
Karp as modified by Clouse above discloses,
wherein the first side and second side are configured to extend around the torso and arms of the infant to secure arms of the infant at sides of the infant (see fig.25l Karp).
Re-Claim 17
Karp as modified by Clouse above discloses,
wherein one or both of the first attachment structure or second attachment structure includes multiple attachment points along a vertically extending length for selectively attached to the diaper flap to adjust the operable length of the diaper flap, wherein the securing end of the diaper flap extends a horizontal width wider than the midsection of the diaper flap, and wherein the anchor end and the securing end have horizontal lengths greater that a horizontal length of a midsection of the diaper flap (see fig.1 Clouse).
Re-Claim 18
Karp as modified by Clouse above discloses,
wherein the first and second attachment structures are positioned along upper surfaces of the respective first side and second side of the torso wrap include attachment structures for coupling to an attachment structure at the securing end of the diaper flap (see fig.1-3 Clouse).
Re-Claim 19
Karp as modified by Clouse above discloses,
wherein the support further comprises an attachment structure configured to removably attach the support to the mattress. [0045] Clouse “The harness and swaddling apparatus 10 includes a base comprising a slip cover 12 which fits over the head of the mattress and covers about one third of the mattress, as shown in FIGS. 1-3.”
Re-Claim 20
Karp as modified by Clouse above discloses,
Karp discloses an enclosure 26 fig.2 having an a selectively closable opening (see fig. 25a & 25b) and an enclosure space (see 25b) defined by the enclosure and the selectively closeable opening, wherein the enclosure is configured to enclose the harness and the infant within the enclosure space of the enclosure when the selectively closeable opening is closed (see fig. 25a & 25b) [0189 “FIG. 25a illustrates a front view of a sleep sack in a closed position with an infant inside of the sleep sack. FIG. 25b illustrates a front view of the sleep sack in an open position with an infant inside the sleep sack.”].
Response to Arguments
Applicant's arguments filed 12/02/2025 have been fully considered but they are not persuasive. Applicant argues that the prior art of Clouse does not discloses the claimed “a first side and a second side configured to extend around the torso and arms of the infant to secure the arms of the infant at sides of the infant”. However Examiner does not rely on the prior art of Clouse for this disclosure. Karp clearly discloses a first side and a second side configured to extend around the torso and arms of the infant to secure the arms of the infant at sides of the infant (in fig.25L). Additionally the torso wrap portion 34 of Clouse is capable of be used as claimed where the first side and second side are configured to extend around the torso and arms of the infant to secure the arms of the infant at sides of the infant. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached on 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673