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 filed 2-Feb-26 have been fully considered but they are not persuasive in part. The rejection.
Applicant’s arguments, see pp 13-17, filed 2-Feb-26, with respect to claims 19-25 have been fully considered and are persuasive. The rejection of 2-Oct-25 has been withdrawn.
In response to applicant's argument (pp 8-10) that the reference to Balensiefer fails to show the newly presented limitations recited in claim 1 that further define the seatback sidewalls and arms of the seat, it is noted that while the claims are interpreted in light of the specification, limitations from the specification (written description or the drawings) are not read into the claims. The rejection under 35 USC 102 has been updated to point out the features of Balensiefer’s seat that meet the claim limitations.
In response to applicant’s argument (pp 11-12) that the reference to Zhang fails to disclose the limitations of claim 13 (namely, the “recess” receiving the “attachment member” and the “foot” extending down into the “rear end” of the “recess”), the rejection has been updated to further point out how the elements (10, 14) of Zhang anticipate the claimed “recess” and “foot” under the broadest reasonable interpretation of the claim as well as in light of the specification (¶ [0076], fig. 6B). With reference to Zhang’s fixing block (10), which is identified as anticipating the “foot”, the block is integrally formed with the seating surface and extends both upwardly from the seating surface (as shown in fig. 1) and downwardly from the seating surface (as shown in fig. 2); also, the block is disposed between two openings that receive therein the seatback hooks and that comprise the rear end of the recess (14).
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Balensiefer (US 2006/0138848).
Claim 1- Balensiefer discloses a child car seat for a vehicle, the child car seat comprising: a backrest main body (12) and a booster seat (14) with a pair of arms (41, 42).
The main body (12) comprises a seatback (16) having a backrest surface (161), a first sidewall and a second sidewall that are spaced from one another and extend away from and partially surround the backrest surface so as to define a space therebetween for a child's upper body (fig. 1, ¶ [0026]). Figure 1 shows the seatback (16) includes a headrest surface, and a pair of lateral wings that extend forward from the backrest and headrest surface (161) as well as vertically along the length of the seatback (16); thereby defining first and second sidewalls.
The booster seat (14) is configured to be removably attached to the main body (¶ [0023], [0025]- the seat 14 is also structurally capable of being removable via disengagement of complementary retainer elements 42-48, 142-148), and comprises first and second arms (41, 42) that are spaced from one another, and a seating surface (18) between the first and second arms (¶ [0027]). The seating surface (18) also includes a rear portion (24) defining a lower seatback.
The first and second arms extend upward from the seating surface (fig. 1, ¶ [0027]) and the booster seat (14) is configured to removably attach to the main body (12) at an interface (comprising post 21, socket 31) between the first arm and the first sidewall (figs. 1, 3). Figures 3-4 show that the wings defining the sidewalls are integrally formed with interface posts (21, 22), such that the post (21) extends from the bottom end of the sidewall. Figures 1-3 show that the arms (41, 42) are integrally formed with the seating surface (18) and the interface sockets (31, 32), such that the arms extend up from the rear portion (24) of the seating surface (¶ [0026]- [0027]).
Claim 2- Balensiefer discloses the child car seat of claim 1, wherein the second arm is configured to removably attach to the second sidewall at an interface (comprising posts 22 and sockets 32) between the second arm and the second sidewall.
Claim 3- Balensiefer discloses the child car seat of claim 2, wherein the first arm (41) is configured to directly attach to the first sidewall (the socket 31 being an integrally formed portion of the arm 41), and the second arm (42) is configured to directly attach to the second sidewall (the socket 32 being an integrally formed portion of the arm 42).
Claim 4- Balensiefer discloses the child car seat of claim 1, wherein the first sidewall (corresponding with edge 81) defines a coupler (21) and the first arm (41) defines a coupler (31) that is configured to engage the coupler of the first sidewall.
Claim 5- Balensiefer discloses the child car seat of claim 4, wherein the coupler (31) of the first arm defines a first one of a protrusion or an opening (socket 31 defines an opening), and the coupler (21) of the first sidewall defines a second one of a protrusion (21) or an opening.
Claim 6- Balensiefer discloses the child car seat of claim 4, wherein the coupler (21) of the first sidewall defines a protrusion (fig. 3), and the coupler (31) of the first arm defines an opening dimensioned to receive the protrusion (fig. 4).
Claim 7- Balensiefer discloses the child car seat of claim 6, wherein the protrusion (21) comprises a head (fully encompassed by the retainer 48) that is configured to be retained within the opening (31) so as to prevent the first sidewall and the first arm from separating from one another along at least one direction (fig. 7b, 8b).
Claim 8- Balensiefer discloses the child car seat of claim 1, wherein the first arm is configured to removably attach to the first sidewall (fig. 7a- 8b) such that at least one of: (i) inward flexion of the first arm towards the space is restricted, or (ii) outward flexion of the first arm away from the space is restricted (via the dimensions of the post 21 and socket 31, the first arm is configured such that limited forward or rearward flexion is permitted).
Claim 9- Balensiefer discloses the child car seat of claim 1, wherein the main body (12) further comprises an attachment member (22), and the booster seat (14) further comprises a recess (121) below the seating surface that is configured to receive the attachment member (figs. 2 & 4 show the recess 121 extends down below the seating surface level), and at least one foot (fully encompassed by the outer sidewall 62) that extends downwards from the seating surface and into the recess at a rear end of the seating surface (figs. 1-3 show the sidewall 62 extends down along the outer perimeter of the recess 121), the at least one foot (62) configured to support the rear end of the seating surface when the booster seat is decoupled from the attachment member (the structure of the sidewall 62 is capable of functioning as a support for the seating surface rear end).
Claim 10- Balensiefer discloses the child car seat of claim 1, wherein the booster seat (14) further comprising at least one release latch (fully encompassed by the retainer 48) having an engagement surface (481) and an actuator surface (482) (figs. 5-6), the engagement surface (481) being configured to releasably engage the main body so as to fix the booster seat and main body to one another (the surface 481 being an abutting surface of the retainer 48 is structurally capable of being disengaged from the seat to release the main body therefrom), and the actuator surface being disposed at an outer side surface (the rear side of the seat is an outer side of the seat) or a front surface of the booster seat.
Claim(s) 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 205022401).
Claim 13- Zhang discloses a child car seat for a vehicle, the child car seat comprising:
a main body (1, 2) comprising a seatback (2) and at least one attachment member (8) that extends from the seatback; and
a booster seat (3) comprising a seating surface (the upper surface shown in fig. 1), a recess (14) below the seating surface (fig. 2 shows the seat in a reverse orientation and the structures underneath the seating surface) that is configured to receive the at least one attachment member (the recess 14 is configured with rear attaching structures configured to engage the seatback attachment members 8), and at least one foot (10) that extends downwards from the seating surface and into the recess at a rear end of the seating surface (the foot 10 extends down from the rear attaching structures configured to engage the seatback attachment member, fig. 2);
wherein the at least one foot (10) configured (by way of its structure) to support the rear end of the seating surface when the booster seat is decoupled from the at least one attachment member (the foot is capable of functioning as a support).
In light of the specification (¶ [0076], figs. 5 & 6B) of the instant application, it is understood that the “foot” can be an element of the seating surface’s rear end that structurally defines the rear bounds of the “recess”; and that the “foot” can be disposed between two openings (lap belt openings 334) that are connected with the “recess”. Accordingly, Zhang’s foot (10), which is shown to be disposed between two openings that define and are a part of the rear end of the recess (14), “extends downwards [and] into the recess”; and Zhang’s recess (14), which includes the positioning shafts (9) in its rear end, receives therein the attachment member (8) of the seatback main body when the member is connected for use. Moreover, in the disassembled position of the seat (fig. 2) the attachment member (8) is also received in the recess.
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Claim 14- Zhang discloses the child car seat of claim 13, wherein the at least one attachment member (8) comprises at least one opening (15) that is configured to receive the at least one foot when the booster seat is coupled to the at least one attachment member (the pair of attachment members 8 define an intermediate opening 15, fig. 2, into which the upper end of the foot 10 is received, fig. 1).
Claim 15- Zhang discloses the child car seat of claim 14, wherein the at least one foot (10) and the at least one opening (15) are configured to engage one another so as to guide movement of the booster seat towards the at least one attachment member as the booster seat is coupled to the at least one attachment member (the complementary shapes of the foot 10 and opening 15 are structurally capable of functioning as a guide).
Claim 16- Zhang discloses the child car seat of claim 13, wherein the booster seat defines a pair of lap belt openings (not designated, shown disposed under the armrests, fig. 1) that extend into a rear end of the booster seat, the lap belt openings each being configured to receive a lap belt portion of a harness of the child car seat (the openings shown are structurally capable of receiving a lap belt); and the at least one foot (10) is disposed between the pair of lap belt openings (the openings are lateral elements with the foot being an intermediate element disposed between the openings along the seat's widthwise direction).
Claim 17- Zhang discloses the child car seat of claim 13, wherein the recess (14) extends into a rear end of the booster seat towards a front end of the booster seat (fig. 2), and into a lower end of the booster seat towards the seating surface (according to the substantially rectangular volume shown).
Claim 18- Zhang discloses the child car seat of claim 13, wherein the at least one attachment member (8) has opposed outer sides (figs. 1-2), each outer side defining at least one engagement surface; and the booster seat comprises opposed inner side surfaces (fig. 2), each defining at least one engagement surface that is configured to engage a corresponding one of the at least one engagement surface of the at least one attachment member so as to guide movement of the booster seat towards the at least one attachment member as the booster seat is coupled to the at least one attachment member (the figures show the rear end of the seat has shaft portions with surfaces shaped to complement and couple the hook-shape of the attachment members 8).
Allowable Subject Matter
Claims 11 and 12 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.
Claims 19-25 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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
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