DETAILED ACTION
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 .
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.
Election/Restrictions
Applicant’s election without traverse of Invention Group II (claims 3 – 13) along with linking claim 1 and Species A-I (transverse rod is engaged with the frame portion), B-I (both ends of the transverse rod are fixed to the frame portion), C-I (fixing groove as depicted in figs. 8-9; see 321 and 322), D-I (reset member is an elastic element as represented in figs. 7-10), and E-I (connecting rod has both the first connecting rod portion and the second connecting rod portion and they are symmetrical) in the reply filed on 12/1/25 is acknowledged.
Claims 2 and 14-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/1/25.
Claim Rejections - 35 USC § 112
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.
Claims 1 and 3-13 are 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.
Claim 1 recites the limitation “and the clamping assembly is manipulated to fix the clamping assembly with the transverse rod or slide the clamping assembly relative to the transverse rod.” The limitation appears to recite an active step within an apparatus claim, i.e. “is manipulated to fix” appears to be an active step. This is not permissible within the apparatus claim. It is suggested that applicant instead may have intended to recite –and the clamping assembly is arranged and configured to be fixed with the transverse rod or to slide relative to the transverse rod.”
Claim 4 recites the limitation “a reset member applying a force,” which is similar to or the same issue as above and it is suggested that the correction be made in a manner similar to that suggested above. See above.
The term “close fit” in claim 6 is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 3 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Wu (CN 209090540 U).
Re Claim 1
Wu discloses:
A frame folding mechanism for a crib frame (100), the crib frame comprising a frame portion (10 or 11) and a supporting portion (214), wherein the frame folding mechanism comprises:
a transverse rod (14) positioned below the frame portion (fig. 1);
a connecting rod (222) having a first end (e.g. the lower end in fig. 1) pivotably connected to the supporting portion (214; pivotably connected at least indirectly via the pivot at the intersection of the X legs, see figs. 1, 3, 4, and 6 for example); and
a clamping assembly (210 and/or 220) sleeved on the transverse rod (see figs. 1-2),
wherein a second end (i.e. the upper end in fig. 1) of the connecting rod opposite to the first end is pivotably connected to the clamping assembly (210 and/or 220; see fig. 1), and the clamping assembly is manipulated to fix the clamping assembly with the transverse rod or slide the clamping assembly relative to the transverse rod (see all figs).
Re Claim 3
Wu discloses:
wherein the supporting portion of the crib frame is pivotable between an unfolded position and a folded position relative to the frame portion (via the pivots at the intersection of the X in fig. 1 and/or at 210/220), the transverse rod is formed with a folding fixing groove and an unfolding fixing groove (e.g. two of 140), and when the supporting portion is in the unfolded position, the clamping assembly is fixed to the unfolding fixing groove (it is fixed directly and/or indirectly), and when the supporting portion is in the folded position, the clamping assembly is fixed to the folding fixing groove (it is fixed directly and/or indirectly).
Allowable Subject Matter
Claims 4-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. It is noted that the second office action of the State Intellectual Property Office of the People’s Republic of China was reviewed. None of the art relied upon or cited therein would yield a reasonable rejection of pending claim 4. While locking buttons are generally known in the art, the combination of features including the clamping portion itself, particularly in light of the required arrangement of claim 3, as well as the particulars of the reset member, clamping portion, casing, and unlock button as well as the functions thereof are not found in the prior art of record and there is no reason, absent impermissible hindsight, to combine the prior art elements to arrive at a rejection of claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Similar frame folding cribs are provided.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SOSNOWSKI whose telephone number is (571)270-7944. The examiner can normally be reached 8:30 AM - 3:30 PM and 9 PM through 11:59 PM Monday through Friday, generally.
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/DAVID E. SOSNOWSKI/
Primary Patent Examiner
Art Unit 3673
/David E Sosnowski/Primary Patent Examiner, Art Unit 3673