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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21, 31-32, 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dowd et al. (US 2015/0197268) in view of Yeh (US 2008/0079240).
In re claims 21 and 32, Dowd teaches a rear leg frame having a first side segment (20); a front leg frame having a second side segment (26); a handle frame having a third side segment (228) and a grip portion (31), the second side segment being connected pivotally with the first side segment for rotation about a first pivot axis and the third side segment being connected pivotally with the first side segment for rotation about a second pivot axis spaced from the first pivot axis (figs. 3-4); and a linking member (32) rotationally coupled to the second side segment for rotation about a third pivot axis spaced from the first pivot axis, the linking member being rotationally coupled to the third side segment for rotation about a fourth pivot axis spaced from the second pivot axis so that the handle frame and the front leg frame rotate in unison relative to the rear leg frame (figs. 9, 11).
Dowd differs in that it does not teach the grip portion being pivotally connected to the third side segment so that the grip portion is rotatable relative to the third side segment between an unfolded position and a folded position. Attention, however, is directed to Yeh which teaches a grip portion being pivotally connected to the third side segment so that the grip portion is rotatable relative to the third side segment between an unfolded position and a folded position (figs. 1, 7). It would be obvious to one of ordinary skill in the art to modify the apparatus of Dowd with the articulating grip of Yeh in order to allow for folding into a more compact configuration.
In re claim 31, Yeh further teaches a spring biasing the grip (56) toward the folded portion (par. 35 – “different angles”).
In re claim 36, Dowd further teaches the linking member operates so that the front leg and the handle frame are rotatable in unison relative to the rear leg frame during folding and unfolding of the child stroller apparatus (figs. 9, 11).
Allowable Subject Matter
Claims 22-30, 33-35 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 37-46 are allowed.
The following is an examiner’s statement of reasons for allowance: the limitations directed to “a locking part carried with the third coupling part, the locking part being engaged with the first coupling part for locking the rear and front leg frames and the handle frame in an unfolded state; a latching mechanism operable to lock and unlock the grip portion with respect to the third side segment; and a linking part coupling the locking part to the grip portion so that a folding rotation of the grip portion relative to the third side segment causes the locking part to move and disengage from the first coupling part for unlocking the rear and front leg frames and the handle frame, thereby allowing folding of the child stroller apparatus” is neither anticipated by nor obvious over the prior art.
For example, attention is directed to Dowd, as discussed above. However, Dowd fails to teach the above referenced limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EREZ GURARI whose telephone number is (571)270-1156. The examiner can normally be reached Monday-Friday 8:00AM-6:30PM.
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/EREZ GURARI/ Primary Examiner, Art Unit 3614