Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/9/26 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 27, 28, 30-38, and 44 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 has been amended to recite “the cloth covering an outer side of the canopy bracket”. This seems simple enough as written, but looking at Applicant’s Figures, Figures 19 and 21-22 appears to show the cloth covering an entirety of the outer side of the canopy bracket (621) when viewed from above and from the side while Figures 23-28 appear to show the cloth leaving part of the outer side of the canopy bracket (621) exposed when viewed from the side. The connection mechanism (630) shown in these figures distances the cloth (622) away from the canopy bracket (621) in a direction opposite one in which the cloth would cover the canopy bracket. As such, the actual scope of “covering” is unclear. Does the cloth fully cover the outer side of the canopy bracket? Does it always cover the outer side of the canopy bracket? Does it only partially cover the outer side of the canopy bracket? Does it not cover the outer side of the canopy bracket until a user manipulates the presumably flexible cloth to make it cover the outer side of the canopy bracket? The specification also does not use the word “covering” to shed further light upon its meaning. For the purpose of examination, any cloth shown to at least partially an outer side of a canopy bracket when viewed from any orientation will be considered sufficient to satisfy this limitation.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 9-15, 23, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Phung et al. (US 8,882,191 B2) in view of Schuchman (US 8,033,518 B2), Zheng (US 11,999,402 B2), and Minato et al. (US 8,276,935 B2).
Regarding claim 9, Phung discloses a carrier (100), comprising: a rotational joint (130). Phung fails to disclose a second mounting assembly arranged on an outer side of the rotational joint, the second mounting assembly comprising a stop ring having a circular outer perimeter, and the stop ring is spaced apart from the outer side of the rotational joint to form an engaging gap; and a side object-holding device comprising an object holder and a first mounting assembly, the first mounting assembly being arranged on an outer wall of the object holder; wherein the object holder is capable of being rotatably mounted on the outer side of the rotational joint through cooperation between the first mounting assembly and the second mounting assembly; and wherein the first mounting assembly comprises an engaging border, the engaging border is capable of being engaged in the engaging gap; when the engaging border is engaged in the engaging gap, the engaging border is capable of rotating around the engaging gap, so that when the first mounting assembly cooperates with the second mounting assembly, the object holder is capable of rotating relative to the rotational joint through rotation of the engaging border around the engaging gap.
Schuchman discloses a second mounting assembly comprising a stop ring (20) having a circular outer perimeter, and the stop ring is spaced apart (via 22) from its mount (24) to form an engaging gap; and a first mounting assembly (36/40) comprising an engaging border (40), the engaging border is capable of being engaged in the engaging gap (see Figure 4); when the engaging border is engaged in the engaging gap, the engaging border is capable of rotating around the engaging gap. Schuchman discloses the reverse of the presently claimed structure, disclosing the second mounting assembly (20/22) being on the object holder (A) and the first mounting assembly (36/40) being on the support (B) instead of the second mounting assembly being on the support and the first mounting assembly being on the object holder.
Zheng teaches that it was already known in the art to utilize a rotatable mount like that of Schuchman in order to mount an object to a child carrier, where the second mounting assembly having a stop ring (21) and engaging gap (between 21 and 22) is provided on the child carrier and the first mounting assembly having an engaging border (35) is provided on the object holder (10).
Minato teaches that it was already known in the art for an object-holding device (1000) to be positioned on an outer side of a circular hub (122, see Figure 10) of a child carrier.
It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have utilized first and second mounting assemblies like those of Schuchman in order to mount a drink to the child carrier of Phung, where such object holder to child carrier mounting was already known in the art, as collectively taught by Zheng and Minato, and to have provided the second mounting assembly having the stop ring and engaging gap on the child carrier and the first mounting assembly having the engaging border on the object holder, as taught by Zheng, positioned on the hub (130) of Phung, where such position was already known to be suitable for such use, as taught by Minato.
Regarding claim 10, Phung as modified above would include the carrier according to claim 9, wherein the first mounting assembly detachably cooperates with the second mounting assembly, as taught by Schuchman.
Regarding claim 11, Phung as modified would include the carrier according to claim 10, wherein the first mounting assembly comprises an engaging protrusion having a U shape and the engaging border having a U shape, a shape of an outer edge of the engaging border matches a shape of the engaging protrusion, as taught by Schuchman (36/40, see Figure 3), the engaging protrusion is arranged on a side wall of the object holder, as taught by Zheng, the outer edge of the engaging border is fixed to the engaging protrusion such that the engaging border and the side wall of the object holder form an accommodation space, as taught by Schuchman.
Regarding claim 12, Phung as modified above would include the carrier according to claim 11, wherein when the engaging border is engaged in the engaging gap, the stop ring is partially located in the accommodation space, as taught by Schuchman.
Regarding claim 13, Phung as modified above would include the carrier according to claim 12, wherein the engaging border comprises an arc-shaped portion, a first strip-shaped portion, and a second strip-shaped portion, the first strip-shaped portion and the second strip-shaped portion are connected to two ends of the arc-shaped portion respectively, as taught by Schuchman (see Figure 3), but so far fails to include wherein the first strip-shaped portion and the second strip-shaped portion are respectively provided with limiting protrusions that are oppositely arranged and extend towards each other, and when the engaging border is engaged in the engaging gap, the stop ring is partially located in a range defined by the arc-shaped portion and the two limiting protrusions. Zheng teaches that it was already known in the art to provide the strip shaped portions of an engaging border like that of Schuchman with limiting protrusions (36) and also to provide limiting ribs (37) on a sidewall of the object holder in order to maintain engagement between the first and second mounting assemblies (see col. 6 lines 32-42). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Phung carrier with limiting protrusions on the strip-shaped portions of the engagement border as well as limiting ribs on a sidewall of the object holder, the motivation being to maintain engagement between the first and second mounting assemblies, as taught by Zheng.
Regarding claim 14, Phung as modified above would include the carrier according to claim 13, wherein the first mounting assembly further comprises a limiting rib, the limiting rib is fixed to the side wall of the object holder and is located between the first strip-shaped portion and the second strip-shaped portion, and when the engaging border is engaged in the engaging gap, the limiting rib is in interference fit with the stop ring, as taught by Zheng.
Regarding claim 15, Phung as modified above would include the carrier according to claim 12, wherein the second mounting assembly further comprises a connecting portion, as taught by Schuchman (22), two ends of the connecting portion are connected to the outer side of the rotational joint and the stop ring respectively, and a dimension of the connecting portion in a direction parallel to a radial direction of the stop ring is smaller than an outer diameter of the stop ring, as taught by Schuchman (see Figure 2).
Regarding claim 23, Phung as modified above would include the carrier according to claim 9, wherein the carrier is a carry-cot, as taught by Phung, the carrier further comprises a carry-cot body (110) and a handle (120), two sides of the carry-cot body are each provided with the rotational joint (130) and the second mounting assembly, as collectively taught by Schuchman and Zheng, two ends of the handle are respectively mounted on the rotational joints on the two sides of the carry-cot body, and the handle is rotatable relative to the carry-cot through the rotational joint.
Regarding claim 24, Phung as modified above would include the carrier according to claim 23, wherein at least one side object-holding device is provided, as collectively taught by Schuchman and Zheng, and the side object-holding device is mounted on the second mounting assembly, as taught by Zheng, on at least one side of the carry-cot body.
6. Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Phung et al. (US 8,882,191 B2) in view of Schuchman (US 8,033,518 B2), Zheng (US 11,999,402 B2), and Minato et al. (US 8,276,935 B2) as applied above, further in view of Martinez (US 11,160,355 B2).
Regarding claim 16, Phung as modified above would include the carrier according to claim 11, wherein when the engaging border is engaged in the engaging gap, the stop ring is partially located in the accommodation space, as taught by Schuchman, but so far fails to include wherein the second mounting assembly further comprises a mounting protrusion, the mounting protrusion is fixed to the outer side of the rotational joint, the stop ring is spaced apart from the mounting protrusion to form the engaging gap.
Martinez teaches that it was already known in the art to provide a mounting protrusion (236) between a surface (210) and a stop ring (232) / connecting portion (238) mounting assembly.
It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Phung carrier with a mounting protrusion between the rotational joint and the second mounting assembly, where such design was already known in the art, as shown by Martinez. The proposed modification is nothing more than a combination of known prior art elements according to their established functions in order to achieve predictable results.
Regarding claim 17, Phung as modified above would include the carrier according to claim 16, wherein the second mounting assembly further comprises a connecting portion, as taught by Schuchman (22), two ends of the connecting portion are connected to the mounting protrusion and the stop ring respectively, as collectively taught by Martinez and Schuchman, and a dimension of the connecting portion in a direction parallel to a radial direction of the stop ring is smaller than an outer diameter of the stop ring (see col. 5 line 60 - col. 6 line 42).
7. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Phung et al. (US 8,882,191 B2) in view of Schuchman (US 8,033,518 B2), Zheng (US 11,999,402 B2), and Minato et al. (US 8,276,935 B2) as applied above, further in view of James (US 4,978,166 A).
Regarding claim 25, Phung as modified above would include the carrier according to claim 23, but it is not clear if it further comprises a rotating shaft, and the rotational joint is rotatably connected to the carry-cot body through the rotating shaft. The Phung joint (130) must include some sort of rotating mechanism in order to operate, but Phung does not specifically disclose a rotating shaft. Phung does disclose that various handles and handle connections may be used (see col. 3 lines 50-55).
James teaches that it was already known in the art for a pivoting joint like that of Phung to include a rotating shaft (68).
It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the pivoting joint of Phung with a joint including a shaft like that of James as a substitution of one known pivoting joint for another where the expected result is still a pivoting handle of Phung.
8. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Phung et al. (US 8,882,191 B2) in view of Schuchman (US 8,033,518 B2), Zheng (US 11,999,402 B2), and Minato et al. (US 8,276,935 B2) as applied above, further in view of Xiao (US 11,912,173 B2).
Regarding claim 26, Phung as modified above would include the carrier according to claim 9, comprising: a carrier body (110, Phung), and a canopy structure comprising: a mounting base (150, Phung) configured to be pivotably mounted on the carrier body (100/115, Phung); a canopy assembly (180, Phung) connected to the mounting base and unfoldable or foldable with pivoting of the mounting base; and a connection mechanism (see col. 6 lines 53 – col. 7 line 39). The connector of Phung fails to comprise: a connector having a connecting portion and a fixing portion spaced apart, the connecting portion being configured to be connected to one of the canopy assembly and the mounting base; a first fixing member arranged on the fixing portion; and a second fixing member arranged on the other of the canopy assembly and the mounting base and detachably connected to the first fixing member.
Xiao teaches that it was also known in the art for a canopy to be removably attached to a mounting base using a connector having a connecting portion (414) and a fixing portion (413) spaced apart (see Figure 2), the connecting portion being configured to be connected to one of the canopy assembly and the mounting base; a first fixing member (41) arranged on the fixing portion; and a second fixing member (42) arranged on the other of the canopy assembly and the mounting base and detachably connected to the first fixing member. Xiao teaches that the matching members (41 and 42) could also utilize Velcro, snaps, button, or the like (see col. 6 lines 10-14).
It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the connector of Phung with a connector like that of Xiao as a substitution of one known canopy connector for another where the expected result is still a canopy removably coupled to a canopy frame.
9. Claims 27, 28, and 30-38 are rejected under 35 U.S.C. 103 as being unpatentable over Bapst (US 6,170,910 B1) in view of Xiao (US 11,912,173 B2).
Regarding claim 27, Bapst discloses a canopy structure, comprising: a mounting base (10) configured to be pivotably mounted on a side of a carrier body of a carrier (carrier not currently being claimed in combination due to the functional language “configured to be pivotably mounted on”, though Bapst does disclose a carrier 1); a canopy assembly (60/62), connected to the mounting base and unfolded or folded with pivoting of the mounting base, the canopy assembly comprising a canopy bracket (60) and a cloth (62), an end of the canopy bracket being connected to the mounting base (10), and the canopy bracket being pivotable along with the pivoting of the mounting base (see Figures), and the cloth covering an outer side of the canopy bracket and having a bottom corner adjacent to the mounting base (see Figure 1B where a bottom corner of the cloth 62 is clearly adjacent to mounting base 10. Bapst fails to disclose a connection mechanism comprises: a connector having a connecting portion and a fixing portion spaced apart, the connecting portion being configured to be connected to one of the bottom corner of the cloth of the canopy assembly and the mounting base; a first fixing member arranged on the fixing portion; and a second fixing member arranged on the other of the bottom corner of the cloth of the canopy assembly and the mounting base and detachably connected to the first fixing member. Bapst shows the cloth (62) connected to each of the bracket (60) mounting base (10, see Figure 1B) but fails to describe the specific connection used. It appears as though the canopy is sleeved around the bracket part (60) and wrapped around the base part (10) but this is only an assumption - Bapst is silent as to just how the canopy of connected to the bracket.
Xiao teaches that it was already known in the art to connect a canopy to a mounting base using a connection mechanism comprising: a connector having a connecting portion (414) and a fixing portion (411) spaced apart (see Figure 9), the connecting portion being configured to be connected to one of the canopy assembly and the mounting base; a first fixing member (41) arranged on the fixing portion; and a second fixing member (42) arranged on the other of the canopy assembly and the mounting base and detachably connected to the first fixing member (see Figures 2-3).
It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have utilized a connection mechanism comprising: a connector having a connecting portion and a fixing portion spaced apart, the connecting portion being configured to be connected to one of the canopy assembly and the mounting base; a first fixing member arranged on the fixing portion; and a second fixing member arranged on the other of the canopy assembly and the mounting base and detachably connected to the first fixing member in order to secure the Bapst cloth to either one or both of the bracket and base portions (10,60) in place of the shown connection(s) where such connection was already known in the art to be suitable for such use, as shown by Xiao. The lower corner of the cloth would still be connected to the mounting base, as originally shown by Bapst. The proposed combination is nothing more than a simple substitution of one known canopy-to-bracket connector mechanism for another in order to obtain predictable results.
Regarding claim 28, Bapst as modified above would include the canopy structure according to claim 27, wherein the connecting portion is configured to be connected to the bottom corner of the cloth of the canopy assembly, and the second fixing member is arranged on the mounting base, as taught by Xiao (see Figures 2-3).
Regarding claim 30, Bapst as modified above would include the canopy structure according to claim 29, wherein the connecting portion is configured to be fixedly connected to the bottom corner of the cloth of the canopy assembly, as taught by Xiao.
Regarding claim 31, Bapst as modified above would include the canopy structure according to claim 28, wherein Xiao teaches the connecting portion is fixedly connected to the cloth of the canopy assembly by stitching (see “sewn” in Xiao col. 8 line 22).
Regarding claim 32, Bapst as modified above would include the canopy structure according to claim 27, wherein Xiao teaches the connector is a flexible connector (414); the flexible connector is a connecting webbing or a connecting rope (see Figures for webbing shape and “fabric” in col. 8 lines 4-29).
Regarding claim 33, Bapst as modified above would include the canopy structure according to claim 27, but so far fails to include wherein a length of the connector ranges from 1.2 inches to 3 inches; a distance from the connecting portion to the fixing portion ranges from 1 inch to 2 inches. Xiao, who teaches the connector being used in the modified Bapst canopy structure, is silent as to the length of the connector. Looking at Figure 2 of Xiao, it appears the connector is roughly the claimed dimension simply based on the relative scale shown. It would have been an obvious to have varied the length of the Xiao connector to anything suitable, in this case a length of the connector ranges from 1.2 inches to 3 inches; a distance from the connecting portion to the fixing portion ranges from 1 inch to 2 inches, as a mere change in size of an existing component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 34, Bapst as modified above would include the canopy structure according to claim 27, wherein Xiao teaches the first fixing member and the second fixing member comprise a pair of snap buttons capable of being fastened to each other; or the first fixing member and the second fixing member comprise a pair of hook and loop fasteners capable of being bonded to each other (see “Velcro” and “snap-fastener” in col. 6 lines 10-14).
Regarding claim 35, Bapst as modified above would include the canopy structure according to claim 27, wherein Xiao teaches one of the first fixing member and the second fixing member comprises a fixing hole (411) or a hanging loop; and the other of the first fixing member and the second fixing member comprises a fixing post (422) or a hook.
Regarding claim 36, Bapst as modified above would include the canopy structure according to claim 27, wherein Xiao teaches the fixing portion is formed at one end of the connector, and the connecting portion is formed at the other end of the connector (see Figures 8-9).
Regarding claim 37, Bapst as modified above would include the canopy structure according to claim 27, wherein Bapst teaches the mounting base (10/60) is configured to be pivotally mounted on a carrier body (see “pivot member 10” in col. 4 line 58).
Regarding claim 38, Bapst as modified above would include the canopy structure according to claim 37, wherein the cloth is connected to the mounting base through the connection mechanism, as taught by Xiao, such that the cloth is unfolded or folded with the pivoting of the mounting base, as taught by Bapst.
10. Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Bapst (US 6,170,910 B1) in view of Xiao (US 11,912,173 B2) as applied above, further in view of Kassai (EP 1598256 A1).
Regarding claim 44, Bapst as modified above would include the canopy structure according to claim 27, but so far fails to include wherein the cloth comprises a first piece of cloth and a second piece of cloth, and the first piece of cloth is detachably connected to the second piece of cloth through a fastener.
Kassai teaches that it was already known in the art for a canopy structure like that of Bapst to include multiple cloths (12,13) detachably connected by a zipper (21) in order to allow a user to open the cloth to expose a venting mesh (30) to find a suitable mix between sun protection and air flow (see [0012]-[0015]).
It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the canopy of the modified Bapst canopy structure as a two piece cloth where the cloths are detachably connected by a zipper to expose a mesh therein, the motivation being to allow a user to find a suitable mix between sun protection and air flow, as taught by Kassai.
Response to Arguments
11. Applicant’s arguments filed 3/9/26 with respect to the stop ring shape of Zheng have been fully considered and are persuasive but are also moot in view of the new grounds of rejection.
12. Applicant’s arguments filed 3/9/26 with respect to the combination of Bapst and Xiao have been fully considered but are not persuasive.
13. Applicant has argued that there is no reason to replace the apparent sleeved connection of the Bapst canopy with connectors of the type taught by Xiao. As set forth above, Bapst is silent as to how the canopy is connected to the canopy bracket. Given this lack of disclosure in Bapst, a person of ordinary skill in the art would have reason to look to other known canopy-to-bracket connection designs and would have realized through their own available knowledge and reasoning that the connection design taught by Xiao could be used to attach the canopy of Bapst to the canopy bracket of Bapst to achieve the predictable result of a removably attached canopy.
14. Applicant has argued that the combined teachings of Bapst and Xiao provide no guidance as to where such connectors should be positioned and that choosing to attach a corner of the Bapst canopy to the Bapst mounting bracket (10) using a connector like that of Xiao would rely on improper hindsight knowledge of the present invention. Bapst appears to show the canopy being connected along the length of the canopy bracket (60) and also its corners to the mounting brackets (10) in Figure 1B. When choosing where to utilize the Xiao connectors within the Bapst canopy assembly, the most obvious places would be those which Bapst already appears to show, which are the canopy connected to the canopy bracket as well as corners of the canopy being connected to the mounting bracket.
15. Applicant has argued that utilizing the Xiao connectors within the canopy design of Bapst would render Bapst inoperable. Bapst is completely silent as to how his canopy is attached and for what reason or benefit his canopy is attached in the manner shown. Choosing to use another connection within the canopy design of Bapst in no way diminishes or destroys its originally intended function. Even with the addition of the Xiao connectors, the Bapst carrier still has a canopy connected to both the canopy bracket and mounting bracket where the canopy would still function as originally intended by Bapst - to cover the child.
Conclusion
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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, Nathan Newhouse can be reached at (571)272-4544. 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.
/JUSTIN M LARSON/ Primary Examiner, Art Unit 3734 4/3/26