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 § 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) 1-3, 7, 8, 10, 13-15, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 9,623,893 issued to Braidman.
Regarding Claim 1, Braidman teaches in Figures 1-12 and respective portions of the specification of a wheeled carriage system comprising a wheeled (W) carriage and a rocker system (10) for oscillating the wheeled carriage (S),
the wheeled carriage comprising a frame (B) and a wheel (W) rotatably attached to the frame (B), the rocker system comprising:
a first attachment device (frame grip bracket 42) for attaching the rocker system to the frame (B),
a second attachment device (clamp 12) for attaching the rocker system to the wheel (W); and
a movement mechanism (motor 60) operatively connecting (via grip bracket rail 44 and the U-channel 56) the first attachment device (42) to the second attachment device (12), wherein movement of the movement mechanism (motor 60) causes the second attachment device (12) to move the wheel (W) back and forth (see at least Col. 2, lines 37-45).
Braidman shows in Figure 3 an exploded view of the invention where the movement mechanism (motor 60) is separated (see Figure 3 the connection between the grip bracket rail 44 and the U-channel 56 allow the motor 60 from the first attachment device 42) from the first attachment device (42) but does not explicitly state that the movement mechanism (60) is removable from the first attachment device (42). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to prescribe the connection at the grip bracket rail (element 44) and the U-channel (56) to be a removable connection to provide the advantage of allowing the movement mechanism to be separated from the attachment device for storage when the movement mechanism is not in use.
Regarding Claim 2, Braidman teaches the first attachment device (42) comprises a clamp assembly (elements 48 and 52) positionable to clamp onto the frame (B), and a housing mount (54) assembly supported on and movable (via elements 44, 56) relative to the clamp assembly.
Regarding Claim 3, Braidman teaches the housing mount (54) assembly is movable relative to the clamp assembly via a track element (elements 44,56).
Regarding Claim 7, Braidman teaches the movement mechanism comprises: an actuator (motor 60) operatively connected to a disk element (outer end of motor where reference numeral 62 is located in Figure 3) to rotate the disk element; and an arm (64) connected to the disk element and positioned to move when the actuator (60) rotates the disk element.
Regarding Claim 8, Braidman teaches the arm (64) carries or is connected to (24) the second attachment device (12) and moves the second attachment device (12) to move the wheel (W).
Regarding Claim 10, Braidman teaches the actuator is a motor (60) but is silent if the motor is a geared motor. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use a geared motor as an obvious design choice to provide an appropriate output speed and torque to rock the carriage.
Regarding Claim 13, Braidman teaches of a rocker system (10) for a wheeled carriage (S), the rocker system comprising:
a first attachment device (42) for attaching the rocker system to an object (frame B);
a second attachment device (12) for attaching the rocker system to a wheel (W); and
a movement mechanism (motor 60) operatively connecting the first attachment device (42) to the second attachment device (12), wherein the movement mechanism (motor 60) causes the second attachment device (12) to move the wheel (W) back and forth (see at least Col. 2, lines 37-45).
Braidman shows in Figure 3 an exploded view of the invention where the movement mechanism (motor 60) is separated (see Figure 3 the connection between the grip bracket rail 44 and the U-channel 56 allow the motor 60 from the first attachment device 42) from the first attachment device (42) but does not explicitly state that the movement mechanism (60) is removable from the first attachment device (42). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to prescribe the connection at the grip bracket rail (element 44) and the U-channel (56) to be a removable connection to provide the advantage of allowing the movement mechanism to be separated from the attachment device for storage when the movement mechanism is not in use.
Regarding Claim 14, Braidman teaches the fixed structure is a chair (stroller, S).
Regarding Claim 15, Braidman teaches the object is a frame (B) of a wheeled carriage (S) carrying the wheel (W).
Regarding Claim 17, Braidman teaches the movement mechanism comprises: a motor (60) operatively connected to a disk element (outer end of motor where reference numeral 62 is located in Figure 3) to rotate the disk element; and an arm (64) connected to the disk element and positioned to move when the actuator (60) rotates the disk element.
Regarding Claim 18, Braidman teaches the arm (64) carries or is connected (24) to the second attachment device (12) and is movable to move the second attachment device.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 9,623,893 issued to Braidman in view of U.S. Patent Publication No. 2021/0316775 issued to Bell.
Regarding Claim 4, Braidman does not teach of a detent element for locking the housing mount assembly relative to the clamp assembly.
Bell teaches that it is known that a locking pin (134) received in a detent (136) for locking is a known securing structure in the stroller arts.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a detent fastening structure, as taught by Bell, for securing the housing to the clamp assembly for the stroller taught by Braidman. One would be motivated to use a detent structure to utilize a known removable fastener.
Claim(s) 5-6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 9,623,893 issued to Braidman in view of U.S. Patent No. 11,406,200 issued to Flataker et al.
Regarding Claims 5 and 16, Braidman teaches the second attachment device (12) comprises a clamp, not a strap positionable around the wheel.
Flataker et al. teaches that it is known to provide a ratcheting strap (6) for securing a rocking device to a baby buggy.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace the clamp with a strap, as taught by Flataker et al., for the invention of Braidman. One would be motivated to use a strap to provide a connection that secures the circumference of wheel. Regarding Claim 6 the examiner takes Official Notice that a hook-and-loop fastener is an old and well-known strap and it would have been obvious to one having ordinary skill in the art at the time the invention was filed that the selection of a hook-and-loop would be within the level of ordinary skill in the art to simplify the construction of the second attachment device.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 9,623,893 issued to Braidman in view of U.S. Patent No. 3,820,614 issued to Askinazy.
Regarding Claim 9 and 19, Braidman teaches the arm is a formed of an inner shaft (28) and outer shaft (30 secured with a locking knob (32) to adjust the length, not a single unitary element between the second attachment device and the disk element, wherein the arm is not extendable or retractable via a telescoping joint or other kind of joint.
Askinazy teaches of a single arm (rigid lever member 32) that is not extendable nor retractable.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use a unitary arm that is not extendable or retractable, as taught by Askinazy, for the invention of Braidman. One would be motivated to use a unitary arm to simplify the construction of arm.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 9,623,893 issued to Braidman in view of U.S. Patent No. 11,406,200 issued to Flataker et al. and in further view of U.S. Patent No. 3,820,614 issued to Askinazy.
Regarding Claim 21, Braidman teaches of a rocker system for a stroller (S), the rocker system (10) comprising:
a first attachment device (42) configured to attach the rocker system to a frame (B) of the stroller, wherein the first attachment device (42) comprises a clamp assembly (see Figures 3-4, elements 48 and 52) and a housing mount assembly (54) supported on, and movable (elements 44,56) relative to, the clamp assembly;
a second attachment device (12) configured to attach the rocker system to a wheel (W) of the stroller; and
a movement mechanism (motor 60) operatively connecting the first attachment device (42) to the second attachment device (12), wherein the movement mechanism (motor 60) causes the second attachment device (12) to move the wheel (W) back and forth (see at least Col. 2, lines 37-45) relative to the first attachment device (42);
wherein:
(a) the movement mechanism (motor 60) comprises a housing (54), a rigid arm connectable to the second attachment device (12), and an actuator positionable to move the arm and the second attachment device (12) relative to the first attachment device (42).
Braidman shows in Figure 3 an exploded view of the invention where the movement mechanism (motor 60) is released (see Figure 3 the connection between the grip bracket rail 44 and the U-channel 56 allow the motor 60 from the first attachment device 42) from the first attachment device (42) but does not explicitly state that the movement mechanism (60) is releasable from the first attachment device (42). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to prescribe the connection at the grip bracket rail (element 44) and the U-channel (56) to be a releasable connection to provide the advantage of allowing the movement mechanism to be separated from the attachment device for storage when the movement mechanism is not in use.
Braidman teaches the second attachment device (12) comprises a clamp, not a strap positionable around the wheel.
Flataker et al. teaches that it is known to provide a ratcheting strap (6) for securing a rocking device to a baby buggy.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace the clamp with a strap, as taught by Flataker et al., for the invention of Braidman. One would be motivated to use a strap to provide a connection that secures the circumference of wheel.
Braidman teaches the arm is a formed of an inner shaft (28) and outer shaft (30 secured with a locking knob (32) to adjust the length, not a single unitary element between the second attachment device and the disk element, wherein the arm is not extendable or retractable via a telescoping joint or other kind of joint.
Askinazy teaches of a single arm (rigid lever member 32) that is not extendable nor retractable.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use a unitary arm that is not extendable or retractable, as taught by Askinazy, for the invention of Braidman. One would be motivated to use a unitarty arm to simplify the construction of arm.
Allowable Subject Matter
Claim 11, 12, 20 and 22 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: the primary reason for the indication of allowable subject matter in this case is the inclusion of: in re claims 11 and 20 the movement mechanism comprises a housing; the first attachment device comprises a housing mount assembly; the housing carries a pivotable locking clip; the housing mount assembly has an edge positionable to engage with the pivotable locking clip; the housing carries one or more latching guides; and the housing mount assembly comprises one or more latching guide receptacles, each latching guide receptacle comprising a lip; wherein each of the one or more latching guide receptacles receives a corresponding latching guide of the one or more latching guides, and wherein each lip engages a latching guide; in re claims 12 and 22 where a third attachment device is provided for attaching to a fixed structure in combination with the other elements recited, not found in the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5).
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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.
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BRIAN SWENSON
Primary Examiner
Art Unit 3618
/BRIAN L SWENSON/Primary Examiner, Art Unit 3613