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 operating member/handle” as claimed in claim 12 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 § 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) 1-9, 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (GB 2554144 A) in view of Cui (CN 104290621 B).
Regarding claim 1, Chen discloses a clamping hook structure for assembling and connecting a base 12 to a crossbar 31, the clamping hook structure comprising: a bracket 14, fixed to the base, having two opposite side walls; a clamping hook 32, pivotally connected to the bracket through a clamping hook pivot 321 disposed between the two side walls, so as to be pivoted between a locked position and an unlocked position, the clamping hook has a first hook portion 32c and an engaging portion located between the first hook portion and the clamping hook pivot, when the clamping hook is in the locked position or the unlocked position, the first hook portion fixes or releases the crossbar.
However, Chen fails to disclose a first elastic member, one end of the first elastic member is fixed to the bracket, and the other end of the first elastic member is fixed to the engaging portion, thus being able to be displaced between the locked position and the unlocked position as the clamping hook is pivoted.
Instead, Cui discloses a first elastic member 83, one end of the first elastic member is fixed to the bracket 4, and the other end of the first elastic member is fixed to the engaging portion (see figure 7 where the spring the connected between the hook and pivot), thus being able to be displaced between the locked position and the unlocked position as the clamping hook is pivoted.
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 Cui and place a tension spring between the bracket and engaging portion because it is simple, efficient and inexpensive way to lock and unlock the hook.
Regarding claim 2, Cui discloses the first elastic member 83 is a tension spring fixed to at least one of the side walls of the bracket.
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 Cui and place a tension spring between the bracket and engaging portion because it is simple, efficient and inexpensive way to lock and unlock the hook.
Regarding claim 3, Chen discloses the two side walls of the bracket 14 are symmetrically arranged with each other, and a top of each side wall has a groove (fig 15) opening upwards for accommodating the crossbar.
Regarding claim 4, Chen discloses a clamping member 38 (fig 17-19), having a pivot end and a free end, the pivot end is pivotally 381 connected to the bracket through a clamping member pivot 381 disposed between the two side walls, enabling the clamping member to be pivoted between a clamped position and a non-clamped position, wherein the clamping member pivot is parallel to the clamping hook pivot; and a second elastic member 39, disposed between the clamping member and the bracket for biasing the clamping member to the clamped position; when the clamping hook is in the locked position and locks the crossbar, the clamping member is blocked by the crossbar and is in the non-clamped position.
Regarding claim 5, Chen discloses the clamping member 38 has a clamping member abutting portion (figures 17-19 shows abutting portions engages a tab portion) at its free end, and the clamping hook has a clamping hook abutting portion (tab on the hook portion) corresponding to the clamping member abutting portion when the clamping hook is in the unlocked position and release the crossbar, the clamping member is pivoted to the clamped position under biasing of the second elastic member, such that the clamping member abutting portion and the clamping hook abutting portion abut against each other, so as to further hold the clamping hook in the unlocked position.
Regarding claim 6, Chen discloses when the clamping hook is in the locked position, the first hook portion of the clamping hook protrudes forward onto the opening of the groove, so as to lock the crossbar in the groove (figure 19).
Regarding claim 7, Chen discloses when the clamping hook is in the unlocked position, the first hook portion of the clamping hook moves away from the opening of the groove by pivoting of the clamping hook, thereby releasing the crossbar (figure 17).
Regarding claim 8, Chen discloses the clamping hook further has a second hook portion 32c being located between the clamping hook pivot and the first hook portion and having a same axial position in respect to the clamping hook pivot as the first hook portion, the second hook portion protrudes forward longer than the first hook portion, and forms with the first hook portion forms a substantially C-shaped accommodating portion for receiving the crossbar, and when the crossbar is placed in the accommodating portion, the crossbar pivots the clamping hook from the unlocked position to the locked position by pressing against the second hook portion.
Regarding claim 9, Chen discloses the first hook portion 32a and the second hook portion 32c of the clamping hook and the clamping hook abutting portion of the clamping hook are located at different axial positions in respect to the clamping hook pivot, and the clamping member abutting portion and the clamping hook abutting portion are located at a same axial position in respect to the clamping hook pivot (see figures 17-19).
Regarding claim 12, Chen discloses the clamping hook 32 is engaged with a sliding member 33, enabling a sliding of the sliding member to bring the clamping hook to move from the locked position to the unlocked position; and one end of the sliding member opposite to the clamping hook is connected to an operating member, and the operating member is formed as a handle 34 transverse to the sliding member, so as to permit a user to pull the sliding member from the outside of the base through the operating member.
Regarding claim 13, Chen discloses a third elastic member 36 is further disposed between the bracket and the clamping hook, the third elastic member is a torsion spring and is sleeved on the clamping hook pivot.
Regarding claim 14, Chen discloses a seating device 10, comprising: a base 12, fixed to a car; a seating portion 20, detachably fixed to the base; a rear crossbar 31, disposed on one of the base and the seating portion; and a rear clamping hook structure 32, respectively disposed on the other of the base and the seating portion, and capable of engaging with the rear crossbar wherein the rear clamping hook structure is the clamping hook structure according to claim 1, and the crossbar is the rear crossbar.
Regarding claim 15, Chen discloses a front crossbar 31, disposed on one of the base and the seating portion; and a front clamping hook structure 32, disposed on the other of the base and the seating portion, and capable of engaging with the front crossbar wherein the front clamping hook structure includes: a front bracket 14, fixed to the other of the base and the seating portion, having two opposite side walls; a front clamping hook 32a, pivotally connected to the front bracket, so as to be pivoted between a locked position and an unlocked position, when the front clamping hook is in the locked position or the unlocked position, the front clamping hook hooks or releases the front crossbar; and a fourth elastic member 36, disposed between the front bracket and the front clamping hook, and the fourth elastic member biases the front clamping hook to its unlocked position.
Regarding claim 16, Chen discloses the rear clamping hook structure 32 and the front clamping hook structure 32 are engaged with the same sliding member 33, and sliding of the sliding member is able to simultaneously bring the clamping hook and the front clamping hook to be pivoted from their respective locked positions to their respective unlocking positions.
Regarding claim 17, Chen discloses in an assembled state, the front clamping hook structure 32 and the rear clamping hook structure 32 are respectively provided by two or more along extending directions of the front crossbar and the rear crossbar, so as to respectively lock the front crossbar and the rear crossbar (see figures 14-19).
Regarding claim 18, Chen discloses the seating portion 20 is a child car seat or a carrycot.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (GB 2554144 A) in view of Cui (CN 104290621 B), as applied to claim 1 above and further in view of Karremans et al. (8,070,228).
Regarding claim 10, Karremans et al. disclose the engaging portion is a pin hole for inserting a pin 25 (figure 3B shows 25 is attached via a hole on hook), and the other end of the first elastic member 26 is fixed on the pin.
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 Karremans et al. and use pin with the spring in the invention of Chen as modified because it prevents any accident damages.
Allowable Subject Matter
Claim 11 is 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.
Chen as modified fails to disclose the bracket is provided with a pin avoidance portion, such that moving of the pin with pivoting of the clamping hook is not interfered by the bracket. No other prior art references in the record whether taken alone or in combination can solve these dissimilarities.
Conclusion
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/SYED A ISLAM/Primary Examiner, Art Unit 3636