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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is noted that, while the references to Genoway and Lumley were relied upon as teaching references in the rejections below, the new reference to Basham (US 2008/0191530) has been relied upon for teaching the newly recited claim limitations.
Claim Objections
Claim 12 is objected to because the limitations fail to recite the proper terminology for the claimed subject matter. With reference to ¶ [0017] and [0069], claim 12 improperly recites the lower base as comprising “an upper padding module” and hip pads extending therefrom; however the seatback frame comprises the upper padding module(s) and the lower base has an upper pad comprising “primary padding module 122” that has a structural configuration different from that of the upper padding module(s), which is defined in base claim 1. As such, it is evident that the claim should recite that the lower base includes “an upper pad” or “a primary padding module”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 10 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Basham (US 2008/0191530) in view of Lumley (WO 2011/054063).
Claim 1- Basham discloses a booster seat for supporting a child in a vehicle having seat buckles (¶ [0045]), the booster seat comprising:
a lower base (30A) having a pair of sidewalls (not designated, figs. 2A, 4B) extending on opposing sides of a central axis (the sidewalls are left and right front wall portions), and a pair of narrowing walls (not designated, fig. 4B) also extending on opposing sides of the central axis at a rearward region of the lower base (the narrowing walls are left and right rear wall portions), each of the pair of narrowing walls extending from a corresponding one of the pair of sidewalls in both a rearward direction and in a medial direction toward the central axis (fig. 4B shows that the narrowing walls curve inward from the front left and right walls), the pair of narrowing walls converging to define a narrowed rearward region of the lower base that is narrower than a forward region of the lower base (shown clearly in fig. 4B) such that they are capable to create more space around the seat buckles when the booster seat is installed in the vehicle, at least one segment of each of the pair of narrowing walls being positioned between a pair of planes defined by the pair of sidewalls along the rearward region of the lower base (fig. 4B);
and a seatback frame (51) connectable to the lower base (fig. 6A).
Basham does not disclose the seatback frame having a plurality of slots formed therein; and a plurality of padding modules detachably engageable with the seatback frame, each padding module including a pad, a connecting pin coupled to the pad, and a locking flange coupled to the connecting pin, each of the plurality of padding modules being insertable into a respective one of the plurality of slots to facilitate engagement between the plurality of padding modules and the seatback frame, each locking flange engaging the seatback frame when the corresponding padding module is inserted in the slot.
Lumley teaches a variety of child seats, including a booster seat (figs. 13-15), a child seat comprising: a lower base (4), a seatback frame (6) connected to the lower base (fig. 2) and having a plurality of slots formed therein (figs. 3-4); and a plurality of padding modules (22) detachably engageable with the seatback frame (fig. 2), each padding module (22) including a pad (30), a connecting pin coupled to the pad (the fasteners 32, 34 comprise an insert portion that is a connecting pin, figs. 3-4), and a locking flange coupled to the connecting pin (the fasteners 32, 34 comprise a flange portion extending perpendicularly to the insert portion to secure the pad in position, figs. 3-4), each of the plurality of padding modules being insertable into a respective one of the plurality of slots to facilitate engagement between the plurality of padding modules and the seatback frame (figs. 3-4 show that the seatback frame’s headrest shell 8 includes a slot for receiving each fastener therethrough), each locking flange engaging the seatback frame when the corresponding padding module is inserted in the slot (figs. 3-4 show that each fastener has an end portion that extends perpendicularly to abut with the shell and define the locking flange portion).
Basham teaches the seatback frame (51) is attachable (fig. 6A-6B), wherein apertures (54) are provided in the lower base (30A) for attaching the seatback or a pair of side rails (52, 53), and wherein the seatback is simply illustrated as a block structure. Lumley teaches that the seatback frame (6) is ergonomically structured to receive the upper body of a child, having sidewalls and a top portion comprising a headrest shell (8) that defines a pair of opposing slots for receiving the pad’s (30) locking structure therethrough (figs. 2-4, pg. 5- ¶ 4-5).
Lumley teaches including a headrest shell portion configured to absorb impact energy for providing impact protection in the child seat.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the seatback frame of Basham with a top portion having a plurality of detachable padding modules, as taught by Lumley, in order to yield the predictable result of providing suitable impact energy absorption to protect the head of a child occupant in the event of an impact.
Claim 2- Basham and Lumley teach the booster seat recited in claim 1, wherein the seatback (51) of Basham is detachably connectable to the lower base (30A).
Claim 3- Basham and Lumley teach the booster seat recited in claim 1, and Basham further teaches wherein the pair of sidewalls (front wall portions) defining a maximum width therebetween (shown best in fig. 4B) and the pair of narrowing walls (rear wall portions) defining a minimum width therebetween (fig. 4B), the minimum width being less than the maximum width.
Claim 10- Basham and Lumley teach the booster seat recited in claim 1, Basham further teaches wherein the lower base (30A) further includes a pair of armrests (52, 53) in opposed relation to each other.
Claim 12- Basham and Lumley teach the booster seat recited in claim 1, wherein Basham teaches the lower base having a primary padding module (padded covering 32), and Lumley further teaches the lower base having a padded covering (fig. 1) and a pair of lateral wings common to booster seats that extend up from the lower base (fig. 2) and also have a padded covering (fig. 1); as such, Lumley’s configuration teaches that it would have been obvious to include padded lateral wings on Basham’s lower base, extending up from the primary padding module (padded covering 32), which would fully encompass the limitation “hip pads”.
Claim 13- Basham discloses a booster seat for supporting a child in a vehicle, the booster seat comprising:
a lower base (30A) having a pair of sidewalls (not designated, figs. 2A, 4B) extending on opposing sides of a central axis (the sidewalls are left and right front wall portions), and a pair of narrowing walls (not designated, fig. 4B) also extending on opposing sides of the central axis at a rearward region of the lower base (the narrowing walls are left and right rear wall portions), each of the pair of narrowing walls extending from a corresponding one of the pair of sidewalls in both a rearward direction and in a medial direction toward the central axis (fig. 4B shows that the narrowing walls curve inward from the front left and right walls), the pair of narrowing walls converging to define a narrowed rearward region of the lower base that is narrower than a forward region of the lower base (shown clearly in fig. 4B) such that they function to create more space around the seat buckles when the booster seat is installed in the vehicle, at least one segment of each of the pair of narrowing walls being positioned between a pair of planes defined by the pair of sidewalls along the rearward region of the lower base (fig. 4B);
and a seatback frame (51) connectable to the lower base (fig. 6A).
Basham does not disclose the seatback frame having a plurality of padding modules operatively coupled to the seatback frame, each padding module including a pad and a respective cover, at least one of the pad or the cover configured to be removable from the seatback frame.
Lumley teaches a variety of child seats, including a booster seat (figs. 13-15), a child seat comprising: a lower base (4), a seatback frame (6) connected to the lower base (fig. 2); and a plurality of padding modules (22) operatively coupled to the seatback frame (fig. 2), each padding module (22) including a pad (30) and a respective cover (pg. 5- ¶ 4), at least one of the pad or the cover configured to be removable from the seatback frame (the pad 30 is configured with clips to be removable, figs. 3-4, pg. 5- ¶ 5).
Basham teaches the seatback frame (51) is attachable (fig. 6A-6B), wherein apertures (54) are provided in the lower base (30A) for attaching the seatback or a pair of side rails (52, 53), and wherein the seatback is simply illustrated as a block structure. Lumley teaches that the seatback frame (6) is ergonomically structured to receive the upper body of a child, having sidewalls and a top portion comprising a headrest shell (8) that includes the plurality of padding modules (22), wherein the pads (30) are configured to be removably secured to the shell.
Lumley teaches including a covered headrest shell portion configured to absorb impact energy for providing impact protection in the child seat, wherein an alternative embodiment of the structural configuration yields removable securement.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat of Basham with a top portion having a plurality of removably secured pads, as taught by Lumley, in order to yield the predictable result of providing suitable impact energy absorption to protect the head of a child occupant in the event of an impact, that can also be removably secured.
Claim 14- Basham and Lumley teach the booster seat recited in claim 13, and Lumley teaches wherein each pad is detachably engageable with the seatback frame. While Lumley does not explicitly recite each pad cover is fixedly connected, the specific type of cover connection for a seatback pad is considered a matter of design choice since the various connection types yield the predictable result of providing a covering material to improve comfort of the seat for its occupant. Therefore, providing a fixed cover for each pad is an obvious expedient.
Claim 15- Basham and Lumley teach the booster seat recited in claim 13, and Lumley teaches wherein each pad is fixedly coupled to the seatback frame (pg. 5- ¶ 4). While Lumley does not explicitly recite each pad cover is removable from the corresponding pad, the specific type of cover connection for a seatback pad is considered a matter of design choice since the various connection types yield the predictable result of providing a covering material to improve comfort of the seat for its occupant. Therefore, providing a removable cover for each pad is an obvious expedient.
Claim(s) 4-6, 8-9, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Basham and Lumley as applied to claims 1 and 13 above, and further in view of Genoway (US 2018/0050615). The reference to Lombardi (US 2017/0259720) is incorporated-by-reference to Genoway (¶ [0044]).
Claim 4- Basham and Lumley teach the booster seat recited in claim 1, and Basham teaches the seat would further comprise at least one recess (34) formed in the lower base, the recess extending into the base from a top surface (fig. 2A shows the lower base having a pair of recesses at the lateral forward ends of the base).
Basham and Lumley do not teach that the recess can be formed to extend into the lower base from a respective sidewall of the base.
Genoway teaches a booster seat comprising: a lower base (100) having a pair of opposing sidewalls (112, 114), a seatback frame (200), and at least one recess (110) formed in the lower base (fig. 1A), the at least one recess extending into the lower base from a respective one of the pair of sidewalls (shown, not designated, fig. 1A).
Basham teaches providing the recesses (34, 34) to be cupholder apertures, as an optional feature of the booster seat (¶ 43). Genoway teaches providing the recesses, via the reference to Lombardi (¶ 22-31), for forming a static cupholder (110) configured to receive a portion of a cup therein (¶ 22) and for supporting a rotating cupholder (112) configured to yield an adjustable cupholder (109) when mounted to the static cupholder (¶ 25, 31).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the lower base of Basham, as taught by Genoway, in order to include an adjustable cupholder which facilitates temporary securement of a variety of cups and beverage containers.
Claim 5- Basham, Genoway and Lumley teach the booster seat recited in claim 4, further comprising a cupholder insert (112), taught by Genoway, configured to be removably received within a respective one of the at least one recess (Lombardi, ¶ 31-33).
Claim 6- Basham, Genoway and Lumley teach the booster seat recited in claim 5, wherein the cupholder insert (112) includes a lower body (304) defining a cup-holding recess (Lombardi, fig. 3A) and an upper portion (312) defining a plate extending radially outward from the cup-holding recess (the handle 312 structurally defines a plate portion for gripping).
Claim 8- Basham, Genoway and Lumley teach the booster seat recited in claim 4, wherein the at least one recess (110) defines an arclength less than or equal to 180 degrees (Lombardi, ¶ 24).
Claim 9- Basham, Genoway and Lumley teach the booster seat recited in claim 4, wherein the at least one recess (110) would include a pair of recesses positioned in opposed relation to each other (Genoway shows a pair of recesses in fig. 1A, and Basham teaches each lower base includes a pair of recesses 34).
Claim 16- Basham and Lumley teach the booster seat recited in claim 13, and Basham teaches the seat would further comprise at least one recess (34) formed in the lower base, the recess extending into the base from a top surface (fig. 2A shows the lower base having a pair of recesses at the lateral forward ends of the base).
Basham and Lumley do not teach that the recess can be formed to extend into the lower base from a respective sidewall of the base.
Genoway teaches a booster seat comprising: a lower base (100) having a pair of opposing sidewalls (112, 114), a seatback frame (200), and at least one recess (110) formed in the lower base (fig. 1A), the at least one recess extending into the lower base from a respective one of the pair of sidewalls (shown, not designated, fig. 1A).
Basham teaches providing the recesses (34, 34) to be cupholder apertures, as an optional feature of the booster seat (¶ 43). Genoway teaches providing the recesses, via the reference to Lombardi (¶ 22-31), for forming a static cupholder (110) configured to receive a portion of a cup therein (¶ 22) and for supporting a rotating cupholder (112) configured to yield an adjustable cupholder (109) when mounted to the static cupholder (¶ 25, 31).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the lower base of Basham, as taught by Genoway, in order to include an adjustable cupholder which facilitates temporary securement of a variety of cups and beverage containers.
Claim 17- Basham, Genoway and Lumley teach the booster seat recited in claim 16, further comprising a cupholder insert (112), taught by Genoway, configured to be removably received within a respective one of the at least one recess (Lombardi, ¶ 31-33).
Claim 18- Basham, Genoway and Lumley teach the booster seat recited in claim 17, wherein the cupholder insert (112) includes a lower body (304) defining a cup-holding recess (Lombardi, fig. 3A) and an upper portion (312) defining a plate extending radially outward from the cup-holding recess (the handle 312 structurally defines a plate portion for gripping).
Claim 20- Basham and Lumley teach the booster seat recited in claim 13, further comprising:
a primary recess (34) taught by Basham formed near one of the sidewalls and configured such that when the booster seat lower base (30A) is positioned next to an adjacent booster seat (30B) having a lateral recess (34) formed therein (fig. 1C), the primary recess (34) and the lateral recess (34) are in close proximity to each other (figs. 2A, 4) and each define a cupholder;
the seatback frame (6) taught by Lumley having a plurality of slots formed therein (figs. 3-4); and
the plurality of padding modules (22) taught by Lumley being detachably engageable with the seatback frame (fig. 2); wherein each padding module (22) includes a connecting feature coupled to the pad (the fasteners 32, 34 comprise an insert portion that is a connecting feature, figs. 3-4), and a locking flange coupled to the connecting feature (the fasteners 32, 34 comprise a flange portion extending perpendicularly to the insert portion to secure the pad in position, figs. 3-4), each of the plurality of padding modules being insertable into a respective one of the plurality of slots to facilitate engagement between the plurality of padding modules and the seatback frame (figs. 3-4 show that the seatback frame’s headrest shell 8 includes a slot for receiving each fastener therethrough), each locking flange engaging the seatback frame when the corresponding padding module is inserted in the slot (figs. 3-4 show that each fastener has an end portion that extends perpendicularly to abut with the shell and define the locking flange portion).
Basham teaches the primary and lateral recesses are configured such that they each extend into the base from a top surface (fig. 2A shows the lower base having a pair of recesses at the lateral forward ends of the base).
Basham and Lumley do not teach that the recesses can be configured such that they cooperatively define a cupholder recess sized to receive a cupholder when the booster seat and adjacent booster seat are positioned adjacent to each other.
Genoway teaches a booster seat comprising: a lower base (100) having a pair of opposing sidewalls (112, 114), a seatback frame (200), a primary recess (shown, not designated, fig. 1A) extending from one (112) of the pair of sidewalls, and a lateral recess (shown, not designated, fig. 1A) extending from the other (114) of the sidewalls; each recess being configured to receive a cupholder (134, 136). Genoway teaches providing the recesses, via the reference to Lombardi (¶ 22-31), for forming a static cupholder (110) configured to receive a portion of a cup therein (¶ 22) and for supporting a rotating cupholder (112) configured to yield an adjustable cupholder (109) when mounted to the static cupholder (¶ 25, 31).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the lower base of Basham, as taught by Genoway, in order to include an adjustable cupholder which facilitates temporary securement of a variety of cups and beverage containers.
Based on these teachings, the booster seat of Basham, Genoway and Lumley would yield a lower base of a booster seat being positioned next to an adjacent booster seat, wherein the primary recess of the booster seat would be adjacent to the lateral recess of the adjacent booster seat such that their structural configuration would be capable of cooperatively defining a cupholder recess sized to receive a cupholder therebetween (Genoway’s recesses and corresponding cupholders 134, 136 are configured with semicircular lower portions that would be capable of forming a full cupholder when positioned in Basham’s side-by-side arrangement).
Allowable Subject Matter
Claim 11 is allowed.
Claims 7 and 19 are 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.
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.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636