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
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.
Claim(s) 1, 4, 5, and 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hutchinson et al. (US Patent Application Publication Number 2016/0375803) in view of Merrill (US Patent Number 7464989) and Nakagawa et al. (US Patent Application Publication Number 2008/0296944 or 2007/0080568).
Regarding claim 1, Hutchinson discloses a child safety seat for use in a vehicle, the child safety seat comprising: a seat shell (102) positionable on a support base (110 for instance) and provided with a guide slot (128 for instance), the seat shell being positionable in both a rearward facing configuration and a forward facing configuration relative to a seat of the vehicle (see Figures 4 and 5 for instance), the seat shell having a backrest portion, and a first sidewall and a second sidewall, the backrest portion including a rearward facing surface positioned adjacent to the seat back of a vehicle seat when in the forward facing configuration (see at least Figure 5), the first and second sidewalls protruding from the backrest portion, wherein the backrest portion, the first sidewall, and the second sidewall defining an area of the seat shell for receiving a child (see figures showing a typical seat arrangement with backrest and sidewalls arranged as claimed); a latch belt (121) arranged within the guide slot and disposed transversally across an interior of the seat shell (this is the general arrangement; see figures), the latch belt having two opposite ends respectively provided with two connectors (124) for attachment to an anchorage provided in the vehicle; the latch belt being arranged at a first position within the guide slot when the seat shell is in the forward facing configuration and the latch being arranged at a second position within the guide slot when the seat shell is in the rearward facing configuration (see again Figures 4 and 5 for instance); and a storage compartment (140) arranged at a rear of the backrest portion (it is at least generally positioned in this manner) and adapted to receive at the same time the two connectors at the two opposite ends of the latch belt (this is the general arrangement; see Figure 7 and the description of paragraph 32 for instance generally describing a single compartment for receiving the connectors). Hutchinson does not disclose the storage compartment arranged at the rearward facing surface or a top tether.
Regarding the compartment arrangement, Merrill discloses a related device including a storage compartment (16, 20) arranged at a rearward facing surface of a backrest portion (see at least Figure 1A) and adapted to receive at the same time at least two restraint items (including 14, 26, etc.). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a storage compartment as taught by Merrill in Hutchinson’s device because this could improve convenience and comfort for various users. Note that the combination would provide the capability of storage of both connectors as claimed.
Regarding the top tether, Nakagawa discloses related devices including top tethers attachable to an upper region of a backrest portion and having a top tether connector for attachment to a tether anchor provided in a vehicle (see figures). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a top tether as taught by Nakagawa in Hutchinson’s device because this could improve safety and security for a user. Note that while the arrangement would be capable of providing the top tether in the storage compartment with the tether extending as claimed, even if this were not clear, as rearrangement of components requires only routine skill in the art, it would have been obvious to provide the claimed arrangement based on normal variation to improve comfort or convenience for various users.
Regarding claim 4, Hutchinson, modified as described, discloses a seat as explained above including the storage compartment as a storage configuration in which the two connectors of the latch belt and the top tether connector are stored in the storage compartment with the latch belt extending transversally through the guide slot and wrapping around the rear of the backrest portion and the top tether extending downward from the upper region of the backrest portion (the arrangement as modified above would at least be capable of such arrangement). Note that while the arrangement would be capable of providing the arrangement as claimed, even if this were not clear, as rearrangement of components requires only routine skill in the art, it would have been obvious to provide the claimed arrangement based on normal variation to improve comfort or convenience for various users.
Regarding claim 5, Hutchinson, modified as described, discloses a seat as explained above and further discloses a door operable to open and close the storage compartment (Merrill’s 20 for instance).
Regarding claim 7, Hutchinson discloses a child safety seat comprising: a support base (110 for instance) positionable on a vehicle seat; a seat shell (102) positionable on the support base, the seat shell having a backrest portion configured to support a child’s back, a first sidewall and a second sidewall protruding from the backrest portion, the backrest portion, the first sidewall, and the second sidewall defining an area of the seat shell for receiving a child, the backrest portion including a rearward facing surface positioned adjacent to the seat back of a vehicle seat (see figures showing a typical seat arrangement with backrest and sidewalls arranged as claimed); a latch belt (121) engaged with and disposed transversally across the seat shell and having two opposite ends respectively provided with two connectors (124) for attachment to an anchorage provided in a vehicle when the seats shell is in a forward facing configuration; and a storage compartment (140) arranged at a rear of the backrest portion and adapted to receive at the same time the two connectors at the opposite ends of the latch belt (this is the general arrangement; see Figure 7 and the description of paragraph 32 for instance generally describing a single compartment for receiving the connectors), the storage compartment being located behind the child’s back when the child is placed in the seat shell (this would be the general arrangement), wherein the two connectors of the latch belt are storable in the storage compartment while the latch belt wraps around from two opposite sides of the seat shell to the rear of the backrest portion (as in Figure 7 for instance). Hutchinson does not disclose the storage compartment arranged at the rearward facing surface or a top tether.
Regarding the compartment arrangement, Merrill discloses a related device including a storage compartment (16, 20) arranged at a rearward facing surface of a backrest portion (see at least Figure 1A) and adapted to receive at the same time at least two restraint items (including 14, 26, etc.). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a storage compartment as taught by Merrill in Hutchinson’s device because this could improve convenience and comfort for various users. Note that the combination would provide the capability of storage of both connectors as claimed.
Regarding the top tether, Nakagawa discloses related devices including top tethers attachable to an upper region of a backrest portion and having a top tether connector for attachment to a tether anchor provided in a vehicle (see figures). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a top tether as taught by Nakagawa in Hutchinson’s device because this could improve safety and security for a user. Note that while the arrangement would be capable of providing the top tether in the storage compartment with the tether extending as claimed, even if this were not clear, as rearrangement of components requires only routine skill in the art, it would have been obvious to provide the claimed arrangement based on normal variation to improve comfort or convenience for various users.
Regarding claim 8, Hutchinson discloses a child safety seat for use in a vehicle, the child safety seat comprising: a seat shell (102) positionable on a support base (110 for instance) and provided with a guide slot (128 for instance), the seat shell being positionable in both a rearward facing configuration and a forward facing configuration relative to a seat of the vehicle (see Figures 4 and 5 for instance), the seat shell having a backrest portion, a first sidewall and a second sidewall, the backrest portion including a rearward facing surface positioned adjacent to the seat back of a vehicle seat when in the forward facing configuration (see at least Figure 5), the first sidewall and the second sidewall protruding from the backrest portion, wherein the backrest portion, the first sidewall, and the second sidewall defining an area of the seat shell for receiving a child (see figures showing a typical seat arrangement with backrest and sidewalls arranged as claimed); a latch belt (121) receivable within the guide slot and disposed transversally across an interior of the seat shell (this is the general arrangement; see figures), the latch belt having two opposite ends respectively provided with two connectors (124) for attachment to an anchorage provided in the vehicle; the latch belt being arranged at a first position within the guide slot when the seat shell is in the forward facing configuration and the latch being arranged at a second position within the guide slot when the seat shell is in the rearward facing configuration (see again Figures 4 and 5 for instance); and a storage compartment (140) arranged at a rear of the backrest portion (it is at least generally positioned in this manner) and adapted to receive at the same time the two connectors at the two opposite ends of the latch belt (this is the general arrangement; see Figure 7 and the description of paragraph 32 for instance generally describing a single compartment for receiving the connectors), wherein the storage compartment has an upper end and a lower end. Hutchinson does not disclose the storage compartment arranged at the rearward facing surface or clearly show the relative positions of the compartment and slot or a top tether.
Regarding the compartment and slot arrangement, Merrill discloses a related device including a storage compartment (16, 20) arranged at a rearward facing surface of a backrest portion (see at least Figure 1A) and adapted to receive at the same time at least two restraint items (including 14, 26, etc.). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a storage compartment as taught by Merrill in Hutchinson’s device because this could improve convenience and comfort for various users. Note that the combination would provide the capability of storage of both connectors as claimed. Further, while the combination would appear to provide the relative positions of the compartment and slot based on the arrangement of the reference devices (i.e. a storage compartment provided at a rearward facing surface of Hutchinson’s backrest would seem to align with the guide slot as claimed at least as best understood), even if this were not the case, rearrangement of components requires only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the storage compartment and guide slot arranged as claimed based on normal variation to improve fit, comfort, and convenience for various users.
Regarding the top tether, Nakagawa discloses related devices including top tethers attachable to an upper region of a backrest portion and having a top tether connector for attachment to a tether anchor provided in a vehicle (see figures). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a top tether as taught by Nakagawa in Hutchinson’s device because this could improve safety and security for a user. Note that while the arrangement would be capable of providing the top tether in the storage compartment with the tether extending as claimed, even if this were not clear, as rearrangement of components requires only routine skill in the art, it would have been obvious to provide the claimed arrangement based on normal variation to improve comfort or convenience for various users.
Regarding claim 9, Hutchinson, modified as described, further discloses the guide slot positioned at a bottom of the seat shell proximate the support base (it is viewed as such; see figures).
Regarding claim 10, Hutchinson, modified as described, further discloses the seat shell includes a seat portion having a surface for supporting a child thereon (at an interior), the guide slot being remote from the surface for supporting the child thereon (at least in that it is opposite it; see figures).
Regarding claim 11, Hutchinson, modified as described, further discloses the door is pivotable relative to the seat shell to open and close the storage compartment (as in Merrill).
Regarding claim 12, Hutchinson, modified as described, further discloses the door is pivotally connected with the seat shell adjacent to a lower region of the storage compartment (again as in Merrill). Note that while the combination is viewed as meeting this limitation based on the arrangement of the reference devices, even if this were not the case, rearrangement of components requires only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the door arranged as claimed based on normal variation to improve fit, comfort, and convenience for various users.
Response to Arguments
Applicant's arguments filed 22 Septemeber 2026 have been fully considered but they are not persuasive. Specifically, Applicant argues that Hutchinson and Merrill are silent as to a top tether and that Nakagawa does not disclose storage of a tether connector. While these particular points are not disputed, they do not overcome the current rejection. That is, Nakagawa is cited for the tether generally and it is maintained that it would have been obvious to incorporate such a tether in Hutchinson’s device. Merrill is cited for teaching a storage compartment receiving multiple restraint items and it is maintained that providing such a storage compartment in Hutchinson would have been obvious as explained above. Moreover, the resulting combination would have been capable of receiving the connectors in the compartment as in the amended claims and/or providing a storage configuration as explained above.
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 PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636
