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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 25 February 2026 has been entered.
Claim Rejections - 35 USC § 103
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, 2, and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 102000884 B1) in view of KR 102335879 B1.
Regarding claim 1, Lee discloses a baby carrier comprising, a seat portion (20) provided with a seat surface on which buttocks of an infant are placed (Fig. 1); a first waist wearable belt portion (noting the portion of the belt on which 60 or 200 is disposed) that extends from the seat portion in a leftward direction when a user wears the baby carrier, and a second waist wearable belt portion (noting the portion of the belt on which 71 is disposed) that extends from the seat portion in a rightward direction when the user wears the baby carrier, and a waist support portion (noting the portion of the belt on which 20 is disposed) that is disposed between the first waist wearable belt portion and the second waist wearable belt portion that forms a place with which an abdominal portion of the user is brought into contact when the user wears the baby carrier;
a first length adjusting unit (noting 60 or 200) that is disposed on a portion of the first waist wearable belt portion near the seat portion closer to a connecting portion between the seat portion and the first waist wearable belt portion (Fig. 2) than to a distal end of the first waist wearable belt portion, and is configured to adjust a length of the first waist wearable belt portion, and
a second length adjusting unit (noting the strap and buckle attached thereto, 71) that is disposed on a portion of the second waist wearable belt portion near the seat portion closer to a connecting portion between the seat portion and the second waist wearable belt portion (Fig. 2) than to a distal end of the second waist wearable belt portion, and is configured to adjust a length of the second waist wearable belt portion, wherein
the first length adjusting unit includes a first adjusting jig capable of performing a length adjusting operation, and
the second length adjusting unit includes a second adjusting jig (noting the portion of the strap opposite buckle 71, attached to/at the seat portion 20) capable of performing a length adjusting operation (to the degree that portions 200, 60, and 71 are considered adjusting jigs), and
the first adjusting jig and the second adjusting jig are configured to respectively independently perform an adjusting operation of a length of the first waist wearable belt portion and an adjusting operation of a length of the second waist wearable belt portion.
It is noted that the first and second length adjusting units (noting 60 or 200 and 71) are located proximal to the seating portion such that if the seating portion were worn on a properly sized and shaped user, the adjusting units would be disposed at an abdomen of the user. To the degree that it is unclear exactly how the baby carrier is positioned on the waist of a wearer, KR 102335879 B1 demonstrates a similar baby carrier that can be worn where the baby seating portion is located at a user’s back, or a user’s front/abdomen.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Lee and use the teaching of KR 102335879 B1 and wear the baby carrier such that the seating portion is at the front of the user because such a change would allow the seat and the baby to be more easily accessed by the user’s hands than if it were worn in some other configuration. Additionally, it would have been obvious to wear the baby carrier in any known suitable position on the waist of the wearer, similar to those demonstrated by KR 102335879 B1.
Regarding claim 2 and 4, Lee discloses the first length adjusting unit is configured such that a first moving portion (310) is disposed at one end of a first length adjusting region of the first waist wearable belt portion, the first adjusting jig (60 or 200) is fixed to the other end portion of the first length adjusting region, and a first connecting member (noting cable 100) capable of adjusting a length of the first length adjusting region extends between the first moving portion and the first adjusting jig, and the second length adjusting unit (noting the strap and the buckle attached thereto 71) is configured such that a second moving portion (noting the buckle 71) is disposed at one end portion of a second length adjusting region of the second waist wearable belt portion, the second adjusting jig is fixed to the other end portion of the second length adjusting region (noting the strap attached at/to the seat 20), and a second connecting member (noting the strap) capable of adjusting a length of the second length adjusting region extends between the second moving portion and the second adjusting jig, the first adjusting jig (200) is disposed on a seat portion side of the first length adjusting region, and the second adjusting jig (noting the attachment of the strap at/on the seat portion, opposite buckle 71) is disposed on a seat portion side of the second length adjusting region.
Claim Rejections - 35 USC § 103
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) 3 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 102000884 B1) in view of KR 102335879 B1 as applied to claim 1 above, and further in view of Eun (KR 20170131735 A).
Regarding claims 3 and 5, modified Lee teaches belt length adjusting portions and include at least a first cable adjusting portion and a jig capable of winding the wire, but does not specifically disclose the first connecting member is formed of a wire that extends between the first moving portion and the first adjusting jig and a wire that extends between the second moving portion and the second adjusting jig, the first moving portion and the second moving portion include a wire support portion that slidably movably supports the wire respectively, and the first adjusting jig and the second adjusting jig are configured to be capable of winding the wire respectively, the first moving portion is disposed on a seat portion side of the first length adjusting region, and the second moving portion is disposed on a seat portion side of the second length adjusting region.
Eun teaches an adjustable length belt system (Shown below in Annotated Fig. 3) including a central portion (S) including a pair of adjusting units at either side of the central portion, each adjusting unit including a first connecting member is formed of a wire (C1) that extends between the first moving portion (M1) and the first adjusting jig (J1) and a wire (C2) that extends between the second moving portion (M2) and the second adjusting jig (J2), the first moving portion and the second moving portion include a wire support portion (noting the passages through which the wire extends) that slidably movably supports the wire respectively, and the first adjusting jig and the second adjusting jig are configured to be capable of winding the wire respectively, the first moving portion is disposed on a central portion side of the first length adjusting region, and the second moving portion is disposed on a central portion side of the second length adjusting region.
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It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Lee and use the teaching of Eun include a similar adjusting unit on each side of the seat portion in order to allow each side of the belt to be independently and finely adjusted to ensure the device is a desired size and thereby would maximize comfort thereof.
Regarding claim 6, modified Lee and specifically Eun demonstrates the first adjusting jig and the second adjusting jig includes a dial (64) capable of being rotated by allowing a user to grip the dial by his/her fingers. To the degree that it is unclear that the first adjusting jig and the second adjusting jig are configured such that a winding direction of the wire in the first adjusting jig and a winding direction of the wire in the second adjusting jig are opposite to each other, such a change would have required a mere choice of one of a finite number of solutions and would have been obvious to try. I.e. having the dials turn in a similar direction, or turn in opposite directions to perform a loosening or tightening operation.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 102000884 B1) in view of KR 102335879 B1 and Eun (KR 20170131735 A) as applied to claim 6 above, and further in view of Shinjo (JP 2021155855 A).
Regarding claim 7, modified Lee is silent with respect to the first adjusting jig and the second adjusting jig are configured such that, the first adjusting jig or the second adjusting jig is capable of winding the wire when the dial is pushed in a thickness direction with respect to the first waist wearable belt portion or the second waist wearable belt portion, and is capable of releasing the winding of the wire when the dial is separated by pulling in a thickness direction from a first waist wearable belt portion side or a second waist wearable belt portion side.
Shinjo teaches the ability to have a cable tightening system including the use of a known dial whereby dial is capable of winding the wire when the dial is pushed in (relative to a pulled-out release condition) a thickness direction with respect to the first waist wearable belt portion, and is capable of releasing the winding of the wire when the dial is separated by pulling in a thickness direction from a first waist wearable belt portion side (Page 3 of the translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Lee and choose a specific dial mechanism similar to that as demonstrated by Shinjo because such a change would have required the mere choice of one known dial tensioning mechanism for another and would have yielded predictable results.
Response to Arguments
Applicant's arguments filed 25 February 2026 have been fully considered but they are not persuasive.
Applicant argues that Lee fails to teach or disclose the length adjusting units disposed close to the seat portion as claimed. Examiner notes that the length adjuster 71 as the strap thereof is shown to extend essentially from a seating area (Fig. 2), and portions 60 and 200 clearly disposed closer to a seat portion than a distal end of the belt portion on which they are disposed (Figs. 2 and 4-5). Examiner notes that the recitation of Lee stating that portion 200 is disposed on the outer circumferential surface of the waist wearing member and is positioned closer to the second catching member 320 than the first catching member 310 specifically places it on the wearing member on a side of the region defined between 310 and 320 on a side proximal to the seat rather than a distal end.
Applicant’s argument regarding the first and second length adjusting unit are disposed at an abdomen of a user has been fully considered but is moot in view of the new grounds of rejection.
Applicant argues that the buckle and strap of Lee is merely a fastening mechanism and not a dedicated length adjusting mechanism. Examiner notes that the claim does not specifically require that the length adjusting mechanism is a dedicated length adjusting mechanism. To this degree a connecting mechanism also includes the ability to adjust the length of the wearing member is considered an adjusting mechanism. The buckle 71 and associated strap clearly demonstrates a well-known configuration whereby the strap is woven through a slide fastener of the buckle allowing for adjusting of the position of the buckle along the strap effectively adjusting the length of the strap as defined by the position of the buckle along said strap.
Applicant argues that the buckle 71 and the adjusting portion 200 do not perform the same length adjusting operation. Examiner notes that adjusting 71 along the strap and adjusting 200 can be performed independently. Examiner notes that the claim does not require that each adjusting operation be the same, of that the structure of each must be the same.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T THEIS whose telephone number is 571-270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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