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 .
DETAILED ACTION
Examiner’s Comments
The Examiner notes that the office action below may reference support found in the cited prior art by indicating element numbers, figures or by pointing out a specific paragraph (PAR) number in which support can be found. The PAR number referenced corresponds to paragraph number beginning in the "Detailed Description" of the disclosure unless otherwise noted. The pending claims are 1-20.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9, 12, 15-16, 18-19, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2007/0228091 to Shawen.
With regard to claim 1, a convertible baby carrier comprising: a bag portion (11) comprising at least one bag connector (bag may be stored inside or connected via VELCRO); a strap (96, 97) comprising a strap connector (99); and a panel (21, 23) comprising a panel connector; wherein the convertible baby carrier has a bag mode (exploded view, fig. 4) and a carrier mode (fig. 4a), wherein in bag mode, the strap connector connects to the at least one bag connector, aligning the panel with a back surface of the bag portion (strap connectors 99 of 21 are connected to bag portion in fig. 4, PAR 0033); and wherein in carrier mode, the strap connector connects to the panel connector, orienting the panel at an angle with the back surface to form a sling (fig. 4a, PAR 0034 discloses the straps 96, 97, pass through connector 99 and attach to VELCRO on carrier).
With regard to claims 2-3, the bag portion further comprising at least one bag compartment (fig. 3 shows bag portion 11 comprising multiple bag compartments; also PAR 0033).
With regard to claim 4, wherein the strap connector (99) is located on a distal portion of the strap (connector 99 if fixed and straps pass through it; however, distal ends of the strap are connected to VELCRO connections).
With regard to claim 5, wherein a proximal portion of the strap is integral with the bag portion (fig. 4a shows proximal portions of straps 96, 97 integral with bag portion in the carrier mode).
With regard to claim 6, wherein a proximal portion of the panel integral with the bag portion (fig. 4a shows panel proximal with bag portion).
With regard to claim 7, wherein the panel connector is located on a distal portion of the panel (the VELCRO panel connector extends across proximal and distal portions of the panel).
With regard to claim 8, wherein the strap is adjustable (straps 96, 97, are adjustably attached to the panel at any desired location via the VELCRO connector).
With regard to claim 9, wherein at least one of: the bag connector, the strap connector, the panel connector, or any combination thereof comprise hook and loop connectors, snap connectors, magnetic fasteners, strings, clasps, clips or any combination thereof (the panel connects to the straps via hook and loop, i.e. VELCRO).
With regard to claim 12, wherein the at least one bag connector is adjacent to a proximal portion of the panel (the panel is either stored in the bag portion or in the carrier mode, is adjacent the bag portion and therefore is adjacent to the proximal portion of the panel).
With regard to claims 15-16, wherein the sling is configured to cradle a child (fig. 4a shows the carrier mode cradling a child); and such that the sling is designed to provide weight support but is not entirely hands-free (see fig. 4a).
With regard to claim 18, wherein the panel is fastened to the back surface in bag mode (figs. 4, 4a, show panel fastened to the back of the bag portion).
With regard to claim 19, wherein the angle between the panel and the back surface is between 1° and 180° in carrier mode (fig. 4a appears to show the panel parallel with, i.e. at 180 degrees with respect to the back surface in the carrier mode).
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 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 of this title, 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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0228091 to Shawen.
As discussed above and with regard to claim 20, Shawen discloses the invention substantially as claimed including a convertible baby carrier comprising: a bag portion (11) comprising at least one bag connector; a strap (96, 97) comprising a strap connector (99); and a panel (21, 23), but does not disclose wherein the strap comprises a buckle configured to adjust a length of the strap. Shawen discloses straps 90, 92, that are length-adjusted via buckle connector 94 (fig. 4). As buckle connectors are well-known and expected in the art for length-adjusting straps, it would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to provide a buckle adjustment connector for straps 96, 97. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of length-adjusting the straps before they are connected to the VELCRO on the panels.
Allowable Subject Matter
Claims 10-11, 13-1, 17, are objected to as being dependent upon a rejected base claim, but appear to be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attachment (PTO-892) for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Nash whose telephone number is 571-272-4465. The examiner can normally be reached on Monday – Friday from 11 a.m. to 7 p.m. EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The official fax number for this Group is: 571-273-8300; Inventor Assistance Center is 800-786-9199.
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/BRIAN D NASH/
Primary Examiner, Art Unit 3734
12/26/2025