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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the back section attached via a plurality of seams must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-9, 13-14, 17-20 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.
Claims 1, 3-4, 13-14, 17, and 20 recite the phrase "optionally" which renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-9, and 18-19 are also rejected as being dependent on these claims.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-9, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20120110716 issued to Christensen in view of U.S. Patent No. 11241102 issued to Baldelomar further in view of U.S. Publication No. 20120216349 issued to Kaplan.
Regarding claim 1,
Christensen discloses a swaddle garment for an infant, (Christensen: FIG. 1) comprising: a torso section, comprising: a first arm opening (Christensen: FIG. 1 (104)) and a second arm opening, (Christensen: FIG. 1 (108)) each of the first and second arm openings configured to receive an arm of the infant through each of the first and second arm openings; (Christensen: FIG. 1) a seam comprising a first fastener or a first plurality of fasteners to reversibly close the torso section over a chest and a stomach of the infant; (Christensen: FIG. 1 (112)) and a back section (Christensen: FIG. 1, there is a back section to the swaddle) … and an adjustable leg section attached to the torso section configured to receive legs and feet of the infant, (Christensen: FIG. 23 (315) see also [0095]) …
Christensen does not appear to disclose a back section attached to a fitted sheet for a crib mattress… a second fastener or a second plurality of fasteners configured to optionally fold and stow a portion of the leg section,
However, Baldelomar discloses a back section attached to a fitted sheet for a crib mattress. (Baldeomar: col. 2 lines 45-51)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen directed to a swaddle by adding attachability to a sheet as taught in Baldelomar directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of preventing the infant or child from accidently rolling over and ensuring he/she is in the supine position.
However, Kaplan discloses a second fastener or a second plurality of fasteners configured to optionally fold and stow a portion of the leg section, (Kaplan: FIGS. 4-5 (204) can attach to (208) to stow a portion of the leg section.)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar directed to a swaddle by adding fasteners as taught in Kaplan directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have allowed for shortening the length of the swaddle in a better way by preventing unwanted movement of the leg section.
Regarding claim 2,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 1, wherein the leg section is not attached to the fitted sheet. (Baldelomar: col. 2 lines 45-51, it is noted that the torso is the only thing that is attached to the sheet)
Regarding claim 4,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 1, wherein the torso section further comprises a constriction strap attached to an interior of the torso section to optionally constrict the chest and/or the arms of the infant. (Kaplan: FIG. 3 (186, 188))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar by providing a construction strap as taught in Kaplan. A person of ordinary skill in the art would have been motivated to provide in order to “hold the infant firmly in place with respect to the swaddle” (Kaplan: [0051])
Regarding claim 5,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 1, wherein the back section is attached to the fitted sheet. (Baldelomar: col. 2 lines 45-51, it is noted that the back section of the torso section is the only thing that is attached to the sheet)
Regarding claim 6,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 5, wherein the sewn seam extends across the back section. (Baldelomar: col. 2 lines 45-51 FIG. 1, the seam extends across the back section, it is noted that )
Regarding claim 7,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 5, wherein the sewn seam extends from the first arm opening to the second arm opening. (Christensen: FIG. 1, the sewn seam extends from the area of the first arm opening to the area of the second arm opening i.e. when it is unzipped or laterally extends)
Regarding claim 8,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 5, wherein the back section is attached to the fitted sheet by a plurality of parallel sewn seams across the back section. (Baldeomar: col. 2 lines 48-49)
Regarding claim 9,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 1, wherein the back section is reversibly attached to the fitted sheet by a third plurality of fasteners. (Baldeomar: col. 2 lines 45-51)
Regarding claim 17,
Christensen discloses a swaddle garment for an infant, (Christensen: FIG. 1) comprising: a torso section, comprising: a first arm opening (Christensen: FIG. 1 (104)) and a second arm opening, (Christensen: FIG. 1 (108)) each of the first and second arm openings configured to receive an arm of the infant through each of the first and second arm openings; (Christensen: FIG. 1) a seam comprising a plurality of fasteners to reversibly close the torso section over a chest and a stomach of the infant; (Christensen: FIG. 1 (112) the examiner notes that the zipper tracks make of a plurality of fasteners) a back section (Christensen: FIG. 1, there is a back section to the swaddle) … and an adjustable leg section attached to the torso section to receive legs and feet of the infant. (Christensen: FIG. 23 (315) see also [0095])
Christensen does not appear to disclose a back section attached to a fitted sheet for a crib mattress… and a constriction strap attached to an interior of the torso section to optionally constrict the chest and/or the arms of the infant;
However, Baldelomar discloses a back section attached to a fitted sheet for a crib mattress. (Baldeomar: col. 2 lines 45-51)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen directed to a swaddle by adding attachability to a sheet as taught in Baldelomar directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of preventing the infant or child from accidently rolling over and ensuring he/she is in the supine position.
Christensen in view of Baldelomar does not appear to disclose a constriction strap attached to an interior of the torso section to optionally constrict the chest and/or the arms of the infant;
However, Kaplan discloses a constriction strap attached to an interior of the torso section to optionally constrict the chest and/or the arms of the infant; (Kaplan: FIG. 3 (186, 188))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar by providing a construction strap as taught in Kaplan. A person of ordinary skill in the art would have been motivated to provide in order to “hold the infant firmly in place with respect to the swaddle” (Kaplan: [0051])
Regarding claim 18,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 17, wherein the torso section comprises a plurality of constriction straps. (Kaplan: FIG. 3 (186, 188))
Regarding claim 19,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 17, wherein the leg section is not attached to the fitted sheet. (Baldelomar: col. 2 lines 45-51, it is noted that the torso is the only thing that is attached to the sheet)
Claim(s) 3 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20120110716 issued to Christensen in view of U.S. Patent No. 11241102 issued to Baldelomar further in view of U.S. Publication No. 20120216349 issued to Kaplan further in view of U.S. Publication No. 20070056098 issued to Schmid.
Regarding claim 3,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 1.
Christensen in view of Baldelomar in view of Kaplan does not appear to disclose wherein the torso section further comprises a first wing and a second wing, each of the first and second wings attached to the torso section behind each of the first and second arm openings, each of the first and second wings comprising a third fastener or a third plurality of fasteners to optionally secure the arm of the infant across the top of the torso section over the seam or to optionally secure the wings to a top surface of the fitted sheet.
However, Schmid discloses wherein the torso section further comprises a first wing and a second wing, (Schmid: FIG. 1 (12)) each of the first and second wings attached to the torso section behind each of the first and second arm openings, (Schmid: FIG. 4 (12) attaches to swaddle (16) via (34)) each of the first and second wings comprising a third fastener or a third plurality of fasteners to optionally secure the arm of the infant across the top of the torso section over the seam (Schmid: FIG. 4 (48) attaches to (50)) or to optionally secure the wings to a top surface of the fitted sheet.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar in view of Kaplan directed to a swaddle by adding wings as taught in Schmid directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have allowed for further securing the infant to the bed and prevent arm movement when it is desired to do so.
Regarding claim 20,
Christensen in view of Baldelomar in view of Kaplan discloses the swaddle garment of claim 17.
Christensen in view of Baldelomar in view of Kaplan does not appear to disclose wherein the torso section further comprises a first wing and a second wing, each of the first and second wings attached to the torso section behind each of the first and second arm openings, each of the first and second wings comprising a third fastener or a third plurality of fasteners to optionally secure the arm of the infant across the top of the torso section over the seam or to optionally secure the wings to a top surface of the fitted sheet.
However, Schmid discloses wherein the torso section further comprises a first wing and a second wing, (Schmid: FIG. 1 (12)) each of the first and second wings attached to the torso section behind each of the first and second arm openings, (Schmid: FIG. 4 (12) attaches to swaddle (16) via (34)) each of the first and second wings comprising a third fastener or a third plurality of fasteners to optionally secure the arm of the infant across the top of the torso section over the seam (Schmid: FIG. 4 (48) attaches to (50)) or to optionally secure the wings to a top surface of the fitted sheet.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar in view of Kaplan directed to a swaddle by adding wings as taught in Schmid directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have allowed for further securing the infant to the bed and prevent arm movement when it is desired to do so.
Claim(s) 10-12 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20120110716 issued to Christensen in view of U.S. Patent No. 11241102 issued to Baldelomar further in view of U.S. Publication No. 20180352967 issued to Galloway.
Regarding claim 10,
Christensen discloses a swaddle garment for an infant, (Christensen: FIG. 1) comprising: a torso section, comprising: a first arm opening (Christensen: FIG. 1 (104)) and a second arm opening, (Christensen: FIG. 1 (108)) each of the first and second arm openings configured to receive an arm of the infant through each of the first and second arm openings; (Christensen: FIG. 1) a seam comprising a plurality of fasteners to reversibly close the torso section over a chest and a stomach of the infant; (Christensen: FIG. 1 (112) the examiner notes that the zipper tracks make of a plurality of fasteners) and a back section (Christensen: FIG. 1, there is a back section to the swaddle) … and an adjustable leg section attached to the torso section to receive legs and feet of the infant; (Christensen: FIG. 23 (315) see also [0095]) …
Christensen does not appear to disclose a back section attached to a fitted sheet for a crib mattress… and wherein the fitted sheet comprises a pocket for positioning under a head of an infant, the pocket configured to receive a pillow.
However, Baldelomar discloses a back section attached to a fitted sheet for a crib mattress. (Baldeomar: col. 2 lines 45-51)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen directed to a swaddle by adding attachability to a sheet as taught in Baldelomar directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of preventing the infant or child from accidently rolling over and ensuring he/she is in the supine position.
Christensen in view of Baldelomar does not appear to disclose and wherein the fitted sheet comprises a pocket for positioning under a head of an infant, the pocket configured to receive a pillow.
However, Galloway discloses and wherein the fitted sheet comprises a pocket for positioning under a head of an infant, the pocket configured to receive a pillow. (Galloway: FIG. 5 (522) see also [0051])
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar directed to a swaddle by adding a fitted sheet with a pocket configured to receive a pillow as taught in Galloway directed to a fitted sheet with an integrated infant supporting devices since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have allowed for “a user to selectively position a pillow within each portion of the body positioner” (Galloway: [0051])
Regarding claim 11,
Christensen in view of Baldelomar in view of Galloway discloses the swaddle garment of claim 10, wherein the pocket comprises a pocket fastener to close the pocket. (Galloway: [0059])
Regarding claim 12,
Christensen in view of Baldelomar in view of Galloway discloses the swaddle garment of claim 10, wherein the leg section is not attached to the fitted sheet. (Baldelomar: col. 2 lines 45-51, it is noted that the torso is the only thing that is attached to the sheet)
Regarding claim 15,
Christensen in view of Baldelomar in view of Galloway discloses the swaddle garment of claim 10, wherein the back section is attached to the fitted sheet by a sewn seam. (Baldelomar: col. 2 lines 45-51)
Regarding claim 16,
Christensen in view of Baldelomar in view of Galloway discloses the swaddle garment of claim 15, wherein the sewn seam extends from the first arm opening to the second arm opening. (Baldelomar: FIG. 2 see also col. 2 lines 45-51 the examiner notes that the seam which would run around the perimeter would extend from the first opening to the second opening.)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20120110716 issued to Christensen in view of U.S. Patent No. 11241102 issued to Baldelomar further in view of U.S. Publication No. 20180352967 issued to Galloway further in view of U.S. Publication No. 20070056098 issued to Schmid.
Regarding claim 13,
Christensen in view of Baldelomar in view of Galloway discloses the swaddle garment of claim 10.
Christensen in view of Baldelomar in view of Kaplan does not appear to disclose wherein the torso section further comprises a first wing and a second wing, each of the first and second wings attached to the torso section behind each of the first and second arm openings, each of the first and second wings comprising a third fastener or a third plurality of fasteners to optionally secure the arm of the infant across the top of the torso section over the seam or to optionally secure the wings to a top surface of the fitted sheet.
However, Schmid discloses wherein the torso section further comprises a first wing and a second wing, (Schmid: FIG. 1 (12)) each of the first and second wings attached to the torso section behind each of the first and second arm openings, (Schmid: FIG. 4 (12) attaches to swaddle (16) via (34)) each of the first and second wings comprising a third fastener or a third plurality of fasteners to optionally secure the arm of the infant across the top of the torso section over the seam (Schmid: FIG. 4 (48) attaches to (50)) or to optionally secure the wings to a top surface of the fitted sheet.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar in view of Kaplan directed to a swaddle by adding wings as taught in Schmid directed to a swaddle since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have allowed for further securing the infant to the bed and prevent arm movement when it is desired to do so.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20120110716 issued to Christensen in view of U.S. Patent No. 11241102 issued to Baldelomar further in view of U.S. Publication No. 20180352967 issued to Galloway further in view of U.S. Publication No. 20120216349 issued to Kaplan.
Regarding claim 14,
Christensen in view of Baldelomar in view of Galloway discloses the swaddle garment of claim 10.
Christensen in view of Baldelomar in view of Galloway does not appear to disclose wherein the torso section further comprises a constriction strap attached to an interior of the torso section to optionally constrict the chest and/or the arms of the infant.
However, Kaplan discloses wherein the torso section further comprises a constriction strap attached to an interior of the torso section to optionally constrict the chest and/or the arms of the infant. (Kaplan: FIG. 3 (186, 188))
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Christensen in view of Baldelomar by providing a construction strap as taught in Kaplan. A person of ordinary skill in the art would have been motivated to provide in order to “hold the infant firmly in place with respect to the swaddle” (Kaplan: [0051])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673