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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The term “substantially” is used in claims 1-3, 6-8, 11 and 17-10. The term “substantially” is unclear as the metes and bounds of said claims are uncertain.
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 1-9 and 11-20 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. The term “substantially” is used in claims 1-3, 6-8, 11 and 17-10. The term “substantially” is unclear as the metes and bounds of said claims are uncertain.
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) 1-3 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindblom (US 2010/0308088).
Regarding claim 1, Lindblom discloses a child carrier for supporting a child while worn by an individual, the child carrier comprising: a torso support portion (2) configured for supporting the torso of a child between the child carrier and the individual wearing the child carrier while the individual is wearing the child carrier, the torso support portion comprising a first shoulder strap (65) and a second shoulder strap (65) extending from an upper portion of opposing sides of the torso support portion; a seat support portion (bottom of 2) coupled to a base of the torso support portion configured for supporting the bottom of the child while the individual is wearing the child carrier and the child carrier is supporting the child, the seat support comprising: a first leg support (3) comprising a first leg support fastener (end of 51) of a first fastener type; and a second leg support (4) comprising a second leg support fastener (end of 53) of a second fastener type; and a waist belt (31) coupled to the seat support portion configured to secure about a waist of the individual wearing the child carrier, the waist belt comprising: a first wide position fastener (55) of the second fastener type configured to at least temporarily engage with the first leg support fastener in a first configuration; and a second wide position fastener (62) of the first fastener type configured to at least temporarily engage with the second leg support fastener in the first configuration, wherein: the first leg support and the second leg support are secured in the first configuration such that the seat support portion has a first width and is configured to support the child with a first leg and a second leg substantially perpendicular to a body of the child; and the first leg support fastener is configured to at least temporarily engage the second leg support fastener in a second configuration in which the seat support portion has a second width that is narrower than the first width. See Figs. 10-11.
Regarding claim 2, the first leg support is substantially triangular and comprises a first seat support leg position adjusting strap (51); the first leg support fastener is disposed on an end of the first seat support leg position adjusting strap; the second leg support is substantially triangular and comprises a second seat support leg position adjusting strap (53); and the second leg support fastener is disposed on an end of the second seat support leg position adjusting strap. See Figs. 10-11.
Regarding claim 3, the first seat support leg positing adjusting strap defines a first vertex of the substantially triangular first leg support; and the second seat support leg positing adjusting strap defines a first vertex of the substantially triangular second leg support. See Figs. 10-11.
Regarding claim 6, the first wide position fastener and the second wide position fastener are substantially co-facing and spaced apart along a length of the waist belt. See Figs. 10-11.
Regarding claim 7, the child carrier is configured to enable the first leg and the second to hang substantially parallel to the body of the child in the second configuration. See Fig. 11.
Regarding claim 8, Lindblom discloses a child carrier comprising: a torso support portion (2) configured for supporting the torso of a child between the child carrier and an individual wearing the child carrier while the individual is wearing the child carrier; a seat support portion (bottom of 2) coupled to the torso support portion configured for supporting the bottom of the child while the individual is wearing the child carrier and the child carrier is supporting the child, the seat support comprising a first leg support (3) and a second leg support (4); and a waist belt (31) coupled to the seat support portion configured to secure about a waist of the individual wearing the child carrier, wherein: the child carrier is configured to support the child in both: a first configuration in which the first leg support and the second leg support are at least temporarily coupled to the waist belt in a wide position; and a second configuration in which the first leg support is at least temporarily coupled to the second leg support in a narrow position; the first leg support and the second leg support are configured to at least partially support an upper portion of a first leg and a second leg of the child in the first configuration; and the first leg support and the second leg support are capable of being configured to enable the upper portion of the first and second leg of the child to hang substantially freely in the second configuration, wherein the first wide position fastener and the second wide position fastener are substantially co-facing and spaced apart along a length of the waist belt. See Figs. 10-11.
Regarding claim 9, the waist belt comprises a first wide position fastener (55) adjacent a first side of the waist belt and a second wide position fastener (61) adjacent a second side of the waist belt; the first wide position fastener is configured to at least temporarily engage with a first corresponding fastener disposed on the first leg support when the child carrier is in the first configuration; and the second wide position fastener is configured to at least temporarily engage with a second corresponding fastener disposed on the second leg support when the child carrier is in the first configuration. See Figs. 10-11.
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) 4 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lindblom as applied above in further view of Salazar et at. (US 2017/0150826).
Regarding claim 4, Lindblom does not disclose a pocket as claimed. Salazar, which is drawn to a child carrier, discloses a waist belt (266) that defines pocket (224) disposed adjacent a central portion of the waist belt. See Fig. 17. Thus, it 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 to have a pocket as disclosed by Salazar on the belt of Lindblom such that the first leg support fastener is configured to at least temporarily engage the second leg support fastener at least partially within the fastener pocket in order to have an adjustable waistbelt and seat, while also protecting the fasteners in the second configuration.
Regarding claims 11 and 18, Lindblom, as modified above, discloses a child carrier for supporting a child while worn by an individual, the child carrier comprising: a torso support portion (2) configured for supporting the torso of a child between the child carrier and the individual wearing the child carrier while the individual is wearing the child carrier, the torso support portion comprising a first shoulder strap and a second shoulder strap (65) extending from an upper portion of opposing sides of the torso support portion; a seat support portion (bottom of 2) coupled to a base of the torso support portion configured for supporting the bottom of the child while the individual is wearing the child carrier and the child carrier is supporting the child, the seat support comprising: a first leg support (3) comprising a first leg support fastener (end of 51) of a first fastener type; and a second leg support (4) comprising a second leg support fastener (end of 53) of a second fastener type; and a waist belt (31) coupled to the seat support portion configured to secure about a waist of the individual wearing the child carrier, the waist belt comprising: a first wide position fastener (55) of the second fastener type configured to at least temporarily engage with the first leg support fastener in a first configuration; a second wide position fastener (610 of the first fastener type configured to at least temporarily engage with the second leg support fastener in the first configuration; and a pocket (Salazar, 224) disposed substantially centrally along a width of the waist belt, wherein: the first leg support and the second leg support, when secured in the first configuration, are secured such that the seat support portion has a first width and is configured to support the child with a first leg and a second leg substantially perpendicular to a body of the child; and the first leg support fastener is capable of being configured to at least temporarily engage the second leg support fastener within the pocket in a second configuration in which the seat support portion has a second width that is narrower than the first width, and the first wide position fastener and the second wide position fastener are substantially equally spaced apart from a pocket. See above.
Regarding claim 12, as modified above, the waist belt defines a first wide position fastener pocket adjacent the first side of the waist belt; the waist belt defines a second wide position fastener pocket adjacent the second side of the waist belt; the first wide position fastener is at least partially disposed in the first wide position fastener pocket; and the second wide position fastener is at least partially disposed in the second wide position fastener pocket. See Figs. 4 and 8.
Regarding claim 13, in the second configuration in which the first leg support is at least temporarily coupled to the second leg support in the narrow position, the first corresponding fastener is at least temporarily coupled to the second corresponding fastener. See Figs. 10-11.
Regarding claim 14, the first wide position fastener and the second corresponding fastener have a first fastener type; and the second wide position fastener and the first corresponding fastener has a second fastener type. See Figs. 10-11.
Regarding claim 15, the first fastener type is configured to engage and at least temporarily mate with the second fastener type. See Figs. 10-11.
Regarding claim 16, the first fastener type and the second fastener type comprise at least one of a male buckle portion, a female buckle portion, a hook fastener, a loop fastener, a clip, a snap, or a magnet. See Figs. 10-11.
Regarding claim 17, the first leg support (3) is substantially triangular and comprises a first seat support leg position adjusting strap (bottom of 3 or 51); the first corresponding fastener is disposed on an end of the first seat support leg position adjusting strap; the second leg support (4) is substantially triangular and comprises a second seat support leg position adjusting strap (bottom of 4 or 53); the second corresponding fastener is disposed on an end of the second seat support leg position adjusting strap; the first seat support leg positing adjusting strap defines: a first vertex of the substantially triangular first leg support; a first wide position leg support outer portion along an edge of the substantially triangular first leg support in the first configuration; and a first narrow position leg support outer portion defined by a central portion of the first leg support in the second configuration; and the second seat support leg positing adjusting strap defines: a first vertex of the substantially triangular second leg support; a second wide position leg support outer portion along an edge of the substantially triangular second leg support in the first configuration; and a second narrow position leg support outer portion defined by a central portion of the second leg support in the second configuration. See Figs. 10-11.
Regarding claim 19, the first leg support is substantially triangular and comprises a first seat support leg position adjusting strap and a first seat support inner base portion coupled to the waist belt and disposed in the pocket; the first leg support fastener is disposed on an end of the first seat support leg position adjusting strap; the second leg support is substantially triangular and comprises a second seat support leg position adjusting strap and a second seat support inner base portion coupled to the waist belt and disposed in the pocket adjacent the first seat support inner base portion; and the second leg support fastener is disposed on an end of the second seat support leg position adjusting strap. See Figs. 10-11.
Regarding claim 20, as modified above, the first seat support leg position adjusting strap and the second seat support leg position adjusting strap are capable of being at least partially disposed in the pocket in the second configuration; and the first leg support and the second leg support are respectively folded substantially in half in the second configuration.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lindblom as applied above.
Regarding claim 5, in another embodiment, the waist belt defines a first wide position fastener pocket (Fig. 8, at 42; or Fig. 4, 32) adjacent a first side of the waist belt; the waist belt defines a second wide position fastener pocket (Fig. 8 at 44; or Fig. 4, 32) adjacent a second side of the waist belt; the first wide position fastener is at least partially disposed in the first wide position fastener pocket; and the second wide position fastener is at least partially disposed in the second wide position fastener pocket. See Figs. 4 and 8. Thus, it 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 to have the fasteners in pockets in order to protect the fasteners from accidental detachment.
Response to Arguments
Applicant's arguments filed 7/15/2026 have been fully considered but they are not persuasive. Applicant argues that Lindblom must disclose that features (51) and (62) must comprise the same first fastener type, and features (53) and (55) must comprise the same second fastener type. The Office respectfully disagrees. Independent claims 1 and 18 simply state that there is a “first fastener type” and “second fastener type.” The claims do not specify that these fastener types must be different fastener types. Further clarification is required.
Next, applicant argues that the first and second wide position fasteners must be “substantially co-facing.” First, this limitation is unclear as to its metes and bounds as the term substantially is unclear. Moreover, it unclear as to the metes and bounds of “co-facing.” Applicant’s argument state that co-facing is “their active faces are directly opposite, parallel to, and facing one another.” Such language is advised to be into the claim along with clarification of the “faces.”
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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