Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serial number 18/516,267 filed 11/21/23. The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Beginning with the second claim 3 the claims have renumbered as 4-16. Asa such, claims 1-16 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The substitute specification filed 2/08/24 has been entered.
The replacement drawing sheets filed 2/06/24 have been approved for entry but are objected to for the reasons enumerated below.
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 locking mechanism [cl.8] 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because:
they include the following reference characters not mentioned in the description: 305 (it appears it should be 30S), 30V, 30U, 31E and 123; and
for failing to comply with 37 CFR 1.84(p)(4) because reference characters "120 and 124" have both been used to designate the bottom frame.
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. 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.
The disclosure is objected to because of the following informalities:
the specification uses refence number 12 to designate both the top frame and wheels (see at least [0038]). It appears from Figure 1C that the top frame is 123. However, reference number 123 appears to point to the canopy in Figure 1B; and
refence number 20 is used to designate both the wagon assembly and a wagon support frame in at least paragraph [0034].
Appropriate correction is required.
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.
Claim 3 is 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.
It is not clear which canopy support frame “the canopy support frame” references as claim 1 defines both a first and a second canopy support frame. Further, it is not clear what is considered the width extending portion. Is this just the top cross bar of canopy support frames 30F/30R? Or is applicant attempting to define the L-shaped width extending portion 30E which extends outwardly beyond the support assembly/frame of the wagon to allow for rotation of a canopy support frame without any interference with the wagon support frame as described in [0034] of the specification.
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.
Claims 1-3, 5-8 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over 5,769,448 to Wang in view of U.S. Patent 12,139,924 to Beam.
Wang provides two-seat stroller for the transport of children. The stroller of Figure 1 is considered to meet the limitations of “a wagon” and “a wagon assembly”. The assembly includes first 2 and second 2’ main frame units each having a U-shaped umbrella or “canopy” support frame 25 pivoted to or “rotatably” connected to the outer side of rods 242 of the wagon frame (col.2, lns. 36-48). Figure 1 is considered an in-use configuration and Figure 6 is considered a storage configuration.
Wang fails to provide a canopy slidable connected to the first and second canopy support frames.
Beam teaches a canopy 4 which is slidable along arcuate stanchions or “U-shaped support frames” for adjusting the position of the canopy to open and close portions of the canopy. Channels 24 (fig.8) may be formed in the canopy near a front and a rear of the canopy through arcuate stanchions are positioned, and which facilitate sliding of the canopy along the stanchions.
It would have been obvious at the time of the effective filing date of the invention to one having ordinary skill in the art that a canopy with channels or pockets as taught by Beam could have been provided on the support frames 25 of Wang to provide a canopy or sun shade which may be adjusted.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of providing Wang with an adjustable canopy as taught by Beam.
Claim 9 (originally filed as claim 8) is rejected under 35 U.S.C. 103 as being unpatentable over 5,769,448 to Wang in view of U.S. Patent 12,139,924 to Beam further in view of U.S. Patent 4,635,667 to Harn.
Wang as modified by Beam above provides each of the limitations of the claim except for providing the canopy support frames with a locking mechanism.
Harn teaches that at the time of the effective filing date of the invention it was known to provide a U-shaped canopy support frame with at tension handle 23 to lock the frame a desire angle of rotation.
It would have been obvious at the time of the effective filing date of invention to one having ordinary skill in the art that the canopy support frames 25 of Wang could have been provided with a tension handle as taught by Harn to tension and lock the support frames 25 to the frame member 242 at a desired angle.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of providing Wang with a means for stably locking the support frames at a desired position at the pivot point to the frame members 22.
Claims 4 and 16 (originally filed the second claim 3 and claim 15) 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note is particular:
U.S. Patent 2,493,833 to Reynolds which teaches a canopy 18 which is slidably connected to U-shaped support frames 12 such that the canopy may be adjusted (col. 2, lns. 20-24).
U.S. 2021/0291886 and U.S. 2023/0057769 to Zehfuss each teach a collapsible wagon assembly which may include a full canopy 196 attached thereto. The figures show U-shaped support frames which appear to be of the rotatable type but the specification is silent.
The foldable carriage or “wagon” in Figure 14 of U.S. Patent 11,772,698 to Cui which shows what one of ordinary skill in the art would recognize as front a rear rotatable canopy support frames.
U.S. 2023/0150563 to Grodkiewicz which provides a stroller which shows what one of ordinary skill in the art would recognize as front a rear rotatable canopy support frames.
U.S. 2016/0001804 to Pacella teaches front and rear canopy support frames 212 pivotally attached the frame of a stroller.
Figure 6 of U.S. Patent 5333,893 to Chen.
U.S. Patent 4,978,166 to James teaches a canopy 78 formed from a fabric or similar material having desirable aesthetics, the canopy being attached to the ribs by conventional means such as interlockable loop and hook material, e.g., VELCRO, or stitching, and may be formed with tubular sleeves at the front and rear thereof for receiving the front and rear ribs 32, 36 prior to assembly of the tubular portions 38, 42 of the ribs to the respective tangs 44, 50 and 48, 54 at the ends thereof, while the central rib 34 may merely have stitching or the like looped about the tubular portion 40 and the adjacent portion of the canopy.
Cover sleeve 14 of U.S. Patent 6,789,495 to Brower et al.
U.S. Patent 1,195,316 to Womack provides a wagon with canopy bows or “support frames” rotatably connected thereto with a canopy 14 “suitably secured” thereto.
D555,748 to Gyr et al. shows a canopy with sleeves ends adjustably positioned along arched support members.
Sleeves 14c of U.S. Patent 9,586,640 to Scott.
U.S. Patent 4,886,289 to Yee et al. provides U-shaped transverse extension bars 120 hingedly mounted at 119. The bars 120 can extend over the parallel bars 16 thereby to extend the fabric material 122 of the canopy 118 over the carriage. The canopies 118 can be folded backwards as indicated by the arrows 125 in a position to abut the push handle 22 and forward bar 219. The canopies 118 protect the respective rear seating 28 and the front seating 29.
U.S. Patent 2,391,658 to Thornhill. Claim 9 provides for an adjustable canopy having an arcuate jointed support on each side and maintained in a rigid position by means of a releasable curved joint lock.
Locking mechanism 68 in U.S. 2020/0405063 to Bulger.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/ Primary Examiner, Art Unit 3636