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.
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.
Claims 1-7, 12-13, 15-16, and 18-19 are rejected under 35 U.S.C 103 as being unpatentable over Keller et al. (US 20130045810 A1) in view of Kreaman-Stern. (US 5603662 A).
Regarding claim 1, Keller et al. teaches a playground spinning or rocking device comprising: ([0014] Embodiments of the present disclosure include rotating play devices. The devices may be used in environments such as in playgrounds for children), a substantially circular base configured to hold two children in a face-to-face relationship with one another (102, the base comprising: a first seating compartment and a second seating compartment (146), each of the first and second seating compartments comprising at least an upward-facing surface (as depicted below in Fig. 1, the wall leading up to the seat corresponds to an upward facing surface)
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and a backrest (152), and a support structure (108), the base being mounted to the support structure in a way that permits rotation of the base about a central axis (103) or rocking of the base to and fro; wherein the device is configured for a child occupant of the first seating compartment and a child occupant of the second seating compartment to share the spinning or rocking movement while in a face-to-face relationship, while each still having a defined personal space (see Fig 4). However, Keller et al. fails to teach a dividing wall extending between the first seating compartment and the second seating compartment. Kreaman-Stern teaches this as follows: The plates function to divide the interior of the shell into four equally sized and configured areas 34. Each of such areas is for the receipt of a single child therein (col 4, lines 34-37).
Therefore, it would be obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the playground device of Keller et al. with the planar sheets of Kreaman-Stern to ensure that each child has their own personal space (Kreaman-Stern, col 4, lines 27-37).
Regarding claim 2, the modified Keller et al. teaches in which each seating compartment further comprises a seating surface that is elevated above the upward-facing surface: For instance, in the specific example shown in the figures, an outer perimeter of sitting structure 102 is angled up, or is elevated compared to the interior of the structure. This helps to keep children within the structure during rotation (Keller et al., [0016]).
Regarding claim 3, the modified Keller et al. teaches in which each seating compartment further comprises a foot support positioned opposite the backrest: the inner corner where the planar sheets intersect create a space for the child to place their foot, creating a foot support opposite the backrest (Kreaman-Stern, fig 4)
Regarding claim 4, the modified Keller et al. teaches wherein the backrest of each of the seating compartments comprises a curved transition portion that transitions into the dividing wall: the combination of the planar sheet 26 and backrest 152 of Keller et al. shows a curve formed by different heights of raised portions 152; see Fig 5 in Keller et al.
Regarding claim 5, the modified Keller et al. teaches wherein the first and second seating compartments and the dividing wall together make up an entire interior surface area of the base: the combination of the seating compartments 146 of Keller et al. and the planar sheet 26 of Kreaman-Stern are housed inside the base 104 of Keller et al.
Regarding claim 6, the modified Keller et al. teaches wherein the first and second seating compartments are substantially identical to one another but in an opposite orientation: Keller et al., Fig 4.
Regarding claim 7, the modified Keller et al. teaches wherein the backrest of each seating compartment forms a portion of a peripheral wall of the base: Keller et al., fig 1
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Regarding claim 12, the modified Keller et al. teaches wherein the access opening to the first seating compartment is positioned directly across from the access opening to the second seating compartment: Keller et al. [0016].
Regarding claim 13, the modified Keller et al. teaches wherein a height of the dividing wall is greater at each end than in a center: Each planar sheet has an upper linear edge 28. Each sheet also has a lower semi-circular edge 30 at its lower extent (Kreaman-Stern, col 4, lines 30-33).
Regarding claim 15, the modified Keller et al. teaches further comprising one or more handles configured to facilitate access onto the base from a user in a wheelchair: The final major component of the toy 10 is a pair of handles 38 each in a U-shaped configuration arranged in pairs on opposite sides of each plate (Kreaman-Stern, col 4, lines 38-40).
Regarding claim 16, the modified Keller et al. teaches wherein the foot support of the first compartment is positioned immediately across the dividing wall from the backrest of the second compartment and vice versa: the intersection of the planar sheets of Kreaman-Stern in combination with the backrest of Keller et al., forms a foot support that is across from the backrest.
Regarding claim 18, the modified Keller et al. teaches wherein each backrest is concavely curved to provide a child with an exterior sidewall: Fig 5 of Keller et al.
Regarding claim 19, the modified Keller et al. teaches wherein the base is rotatably mounted to the support structure and configured to rotate 360° about the central axis: As will be described in greater detail below, sitting structure 102 is rotatably mounted to a stationary base 104 such that sitting structure 102 is able to rotate about an axis of rotation 103 (Keller et al., [0015])
Claim 17 is rejected under 35 U.S.C 103 as being unpatentable over Keller et al. (in view of Kreaman-Stern, further in view of Ahrens (US 4286781). While the modified Keller et al. teaches wherein the dividing wall, it lacks a teaching that it is curved to provide each seating compartment with a greater width adjacent the backrest than adjacent the foot support. Ahrens teaches this as follows: Each of the body sections 12 includes a flat platform area 78 and a concave curved vertical wall 80 thus providing dished out stations around the periphery of the merry-go-round (col 2, lines 39-42).
Therefore it would be obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the playground device of Keller et al. with the curved vertical wall of Ahrens to provide separate compartments for containing a child (Ahrens, col 2, lines 34-48).
Claim 20 is rejected under 35 U.S.C 103 as being unpatentable over Keller et al. (in view of Kreaman-Stern, further in view of Bellussi (DE 202007003757 U1). While the modified Keller et al. teaches wherein the base is mounted to the support structure, it lacks a teaching of by one or more springs and configured to rock in a to and fro motion. Sandro teaches this as follows: In all these cases are located between the figure on / in the child while playing sitting, and the ground one or more robust coil springs, wherein the spring on the one hand with a base that is integral with the ground, united is, and on the other hand with the figure, and the task has the controlled vibration to allow in several directions of the figure [0004].
Therefore it would be obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the playground device of Keller et al. with the spring of Sandro to best allow for the rocking movement (Sandro, [0014]).
Allowable Subject Matter
Claims 8-11 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior
art fails to teach or fairly suggest the claimed invention. Claim 8 defines wherein the foot support of each seating compartment also forms a portion of a peripheral wall of the base. The reference to Keller et al. (US 20130045810 A1), in combination with Kreaman-Stern (US 5603662 A) made of record and not relied upon is considered pertinent to the applicant’s disclosure. The combination of Keller et al. with Kreaman-Stern teaches a foot support position opposite the backrest, but this doesn’t appreciate wherein the foot support of each seating compartment also forms a portion of a peripheral wall of the base.
Claim 9 defines in which the first peripheral wall portion includes the backrest of the first seating compartment and a foot support of the second seating compartment, and the second peripheral wall portion includes the backrest of the second seating compartment and a foot support of the first seating compartment. The combination of Keller et al. with Kreaman-Stern teaches a first and second seating compartment and a foot support, but doesn’t teach the first and second wall portions, respectively, containing both the foot support and the backrest.
Claims 10 and 11 are dependent on claim 9 and would be considered allowable if claim 9 was amended accordingly.
Conclusion
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/RIA SHARMA/Examiner, Art Unit 3711
/NICHOLAS J. WEISS/Supervisory Patent Examiner, Art Unit 3711
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