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 “the belt-positioning guide” as claimed in claim 1 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitations of “belt-positioning guides”. However, the specification fails to disclose “belt-positioning guides”. The specifications disclose belt guides.
Claim 13 recites the limitations of “at least on of belt guide”. However, claim 1 already claims the pair of belt guides on the seat bottom. The specification fails to disclose additional belt guides on the seat bottom.
Claim 18 recites “at least one belt guide is configured to be transitioned between a deployed position”. However, the specification fails to disclose belt guides on seat bottom can be transitioned between deployed and stowed position. The positioning guides on positioning seats are capable of transitioning between deployed and stowed position.
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.
Claim(s) 1-4, 6, 12-14, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sack et al. (10,589,643) in view of Shellenberger (US 2021/0053471).
Regarding claim 1, Sack et al. disclose a child safety seat 100 for a vehicle, comprising: a main seat comprising a seatback 108, a seat bottom 104 attached to the seatback, and a pair of belt guides 114, the seat bottom having a first seating surface that defines a receiving space 124 between the pair of belt guides; and a belt-positioning seat 106 including a seat body 126 and at least one belt-positioning guide 128, the seat body having a second seating surface, and a bottom surface configured to be placed on a vehicle seat, wherein: the at least one belt-positioning guide protrudes upward from the second seating surface; and the seat body is configured to be removably coupled to the seat bottom in the receiving space such that, when the seat body is positioned in the receiving space.
However, Sack et al. fail to disclose a harness including a first strap, a second strap, and a crotch buckle, the crotch buckle is positioned above the second seating surface to removably fasten to the first and second straps.
Instead, Shellenberger discloses a harness 72 including a first strap, a second strap, and a crotch buckle, the crotch buckle (see fig. 7A where the buckle passes through opening in 20 and attaches to the harness) is positioned above the second seating surface to removably fasten to the first and second straps.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Shellenberger and place the harness with buckle in Sack et al. because it is secure, simple and cost efficient.
Regarding claim 2, Shellenberger discloses the belt-positioning seat 20 includes at least one opening (see fig. 7A where the buckle passes through opening in 20 and attaches to the harness) that extends into the second seating surface and is configured to couple the crotch buckle to the belt-positioning seat.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Shellenberger and place an opening for the harness with buckle in Sack et al. because it is secure, simple and cost-efficient way to assemble and disassemble the seat.
Regarding claim 3, Shellenberger discloses harness comprises a crotch strap having the crotch buckle, and a webbing attached to the crotch buckle, and when the seat body is positioned in the receiving space, the webbing extends through the at least one opening (fig 7B shows the webbing with the buckle attached to seat bottom. Fig 7A shows the webbing passing though opening of 20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Shellenberger and place an opening for the harness with buckle in Sack et al. because it is secure, simple and cost-efficient way to assemble and disassemble the seat.
4. The child safety seat of claim 3, wherein the webbing is attached to the seat bottom and the at least one opening is sized to receive the crotch buckle therethrough as the belt-positioning seat is received in the receiving space (fig 7B shows the webbing with the buckle attached to seat bottom. Fig 7A shows the webbing passing though opening of 20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Shellenberger and place an opening for the harness with buckle in Sack et al. because it is secure, simple and cost-efficient way to assemble and disassemble the seat.
Regarding claim 6, Sack et al. as modified with Shelleneger further disclose the belt-positioning seat is configured such that the at least one belt-positioning guide does not obstruct the at least one opening to prevent installation or removal of the crotch buckle through the at least one opening (see figure 7 of Shellenberger).
Regarding claim 12, Sack et al. disclose the seat bottom 104 comprises first and second sidewalls 114 that are spaced from one another to define at least a portion of the receiving space therebetween.
Regarding claim 13, Sack et al. disclose each of the first and second sidewalls defines at least one of a belt guide or an armrest 114.
Regarding claim 14, Sack et al. disclose the seat bottom 104 comprises a rear end 121 attached to the seatback 108, and a front end spaced from the rear end along a first direction; the armrest includes first and second armrests 114 and the belt guide includes first and second belt guides; and the first and second armrests are offset from the first and second belt guides, respectively, along the first direction.
Regarding claim 18, Sack et al. disclose the at least one belt guide is configured to be transitioned between a deployed position (figure 9) in which the at least one belt guide protrudes upward from the second seating surface, and a storage position (figure 8) in which the at least one belt guide is stowed in a storage cavity defined in the seat body.
Regarding claim 19, Sack et al. disclose the seat bottom 104 and the belt-positioning seat 106 are both configured to decouple from the seatback 108.
Regarding claim 20, Sack et al. disclose the belt-positioning seat 106 occupies a volume smaller than that of the seat bottom 104.
Claim(s) 5, 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sack et al. (10,589,643) in view of Shellenberger (US 2021/0053471), as applied to claims 1 and 3 above, and further in view of Jewkes (US 2018/0022241).
Regarding claim 5, Jewkes discloses the webbing is attached to the belt-positioning seat such that removal of the belt-positioning seat from the main seat causes the crotch buckle to be removed with the belt-positioning seat from the main seat (fig. 4 shows the webbing is attached to the belt-positioning seat and not seat bottom).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jewkes and attach the webbing to positioning seat of Sack et al. because it is simple, efficient to install/remove the seat body to bottom.
Regarding claim 7, Jewkes discloses the belt-positioning seat comprises at least one lap belt opening configured to receive a lap belt portion of a harness therethrough (figures 2 and 4 shows an opening on the seat body for the harness).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jewkes and place an opening for the harness in invention of Sack et al. because it provides secure attachment with low cost.
Regarding claim 8, Jewkes discloses the at least one lap belt opening comprises a pair of lap belt openings that are spaced from one another along a direction that extends from a first belt guide of the pair of belt guides to a second belt guide of the pair of belt guides (see figures 2 and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jewkes and place two openings for the harness in invention of Sack et al. because it provides secure attachment with low cost.
Regarding claim 9, Jewkes discloses first and second belt openings of the pair of lap belt openings extend into first and second sides of the belt-positioning seat, respectively (see figures 2 and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jewkes and place two openings for the harness in invention of Sack et al. because it provides secure attachment with low cost.
Regarding claim 10, Sack et al disclose the at least one belt-positioning guide 128 comprises: a first belt-positioning guide pivotably coupled to the seat body at a first side; and a second belt-positioning guide pivotably coupled to the seat body at a second side,
However, Sack et al. fail to disclose inward of the first belt opening, inward of the second belt opening.
Instead, Jewkes discloses positioning guides inward of the first belt opening, inward of the second belt opening (see figures 2 and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jewkes and place two openings for the harness in invention of Sack et al. because it provides secure attachment with low cost.
Regarding claim 11, Jewkes discloses each lap belt opening extends into a rear end of the belt-positioning seat (see figures 2 and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jewkes and place two openings for the harness in invention of Sack et al. because it provides secure attachment with low cost.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sack et al. (10,589,643) in view of Shellenberger (US 2021/0053471), as applied to claim 1 above, and further in view of Brunick et al. (11,260,779).
Regarding claims 15 and 16, Brunick et al. disclose a base 104 attached to the seat 102 such that the seat is configured to move relative to the base between an upright configuration and a reclined configuration; and a lock 169 configured to selectively fix the seat relative to the base in the upright and reclined configurations, wherein the base has a curved surface that conforms to a curved surface of the seat, and the seat is configured to transition between the upright configuration and the reclined configuration by translating the curved surface of the seat along the curved surface of the base.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Brunick et al. and place a reclinable base in the invention of Sack et al. in order to provide additional comfort with low cost.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sack et al. (10,589,643) in view of Shellenberger (US 2021/0053471) and Brunick et al. (11,260,779), as applied to claim 15 above, and further in view of Kirstein (9,592,751).
Regarding claim 17, Kirstein discloses the base comprises a foot 20 configured to be placed on a vehicle seat and move to transition the child safety seat between the upright configuration and the reclined configuration.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kirstein and place a reclinable foot in the invention of Sack et al. in order to provide additional comfort with low cost.
Claim(s) 21-26, 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sack et al. (10,589,643) in view of Brunick et al. (11,260,779).
Regarding claim 21, Sack et al. disclose a child safety seat, comprising: main seat comprising: a seat bottom 104 comprising a pair of belt guides 114 that define a receiving space therebetween; a seatback 108 attached to the seat bottom, and a belt-positioning seat 106 configured to be received in the receiving space to removably couple the belt-positioning seat to the main seat, the belt-positioning seat including a seat body and at least one belt guide of the pair of belt guides 138, the seat body having an upper seating surface, and a bottom surface adapted to be placed on a vehicle seat, and the at least one belt guide protruding upward from the seat body.
However, Sack et al. fail to disclose a base; a main seat supported by the base, the seatback being configured to move relative to the base such that the seatback moves between an upright configuration and a reclined configuration; a lock configured to selectively fix the main seat relative to the base in the upright and reclined configurations.
Instead, Brunick et al. disclose a base 104; a main seat 102 supported by the base, the seatback being configured to move relative to the base such that the seatback moves between an upright configuration and a reclined configuration; a lock 169 configured to selectively fix the main seat relative to the base in the upright and reclined configurations.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Brunick et al. and place a reclinable base in the invention of Sack et al. in order to provide additional comfort with low cost.
Regarding claim 22, Sack et al. disclose the seat bottom comprises first and second belt guides 114 that are spaced from one another to define at least a portion of the receiving space therebetween.
Regarding claim 23, Sack et al. disclose the seat bottom comprises first and second armrests 114 that are spaced from one another to define at least a portion of the receiving space therebetween.
Regarding claim 24, Sack et al. disclose the seat bottom comprises a rear end 121 attached to the seatback, and a front end spaced from the rear end along a first direction; and the first and second armrests 114 are offset from the first and second belt guides, respectively, along the first direction (the belt guides are lower than the armrests).
Regarding claim 25, Sack et al. disclose the seat bottom 104 comprises an upper surface that defines a recess therein, wherein the recess 124a at least partially defines the receiving space, and the upper seating surface of the seat body defines a bottom surface of the recess.
Regarding claim 26, Brunick et al. disclose the base 104 has a curved surface that conforms to a curved surface of the seat, and the seat is configured to transition between the upright configuration and the reclined configuration by translating the curved surface of the seat along the curved surface of the base.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Brunick et al. and place a reclinable base in the invention of Sack et al. in order to provide additional comfort with low cost.
Regarding claim 28, Sack et al. disclose the at least one belt guide 128 is configured to be transitioned between a deployed position (figure 9) in which the at least one belt guide protrudes upward from the upper seating surface, and a storage position (figure 8) in which the at least one belt guide is stowed in a storage cavity defined in the seat body.
Regarding claim 29, Sack et al. disclose the seat bottom 104 and the belt-positioning seat 106 are both configured to decouple from the seatback 108.
Regarding claim 30, Sack et al. disclose the belt-positioning seat 106 occupies a volume smaller than that of the seat bottom 104.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sack et al. (10,589,643) in view of Brunick et al. (11,260,779), as applied to claim 21 above, and further in view of Kirstein (9,592,751).
Regarding claim 17, Kirstein discloses the base comprises a foot 20 configured to be placed on a vehicle seat and move to transition the child safety seat between the upright configuration and the reclined configuration.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kirstein and place a reclinable foot in the invention of Sack et al. in order to provide additional comfort with low cost.
Conclusion
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/SYED A ISLAM/Primary Examiner, Art Unit 3636