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 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 7, 10-11, 13, and 19 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.
Claims 7, 10-11, 13, and 19 contain the trademark/trade name Velcro. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe hook-and-loop fasteners and, accordingly, the identification/description is indefinite.
Further, claim 11 contains the trademark/trade name Nylex, which makes it indefinite for similar reasons described above. The trademark/trade name is used to describe nylon fabric.
Examiner recommends Applicant amend Velcro to be hook-and-loop fasteners and Nylex to nylon fabric to overcome the 112(b) rejections.
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) 1-2, 6, 8, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180035821 A1 to Bass-Conn.
Re Claim 1, Bass-Conn teaches:
A child carrier (at least [Abstract] “crib assembly”), comprising:
a frame body (at least Fig. 10 and [0066] “crib insert frame 58”); a cushion provided on the frame body and comprising a first usage surface and a second usage surface that are arranged oppositely (at least Fig. 10A);
and a fixing structure comprising a first connecting member provided on the frame body (at least Fig. 10 and [0066] “hooks 61”) and a second connecting member provided on the cushion (at least Fig. 10 and [0066] “corner loops 64”), the first connecting member being detachably connected to the second connecting member, the second connecting member being capable of switching between a first usage state and a second usage state (at least Figs. 9-10C and [0066] “detachable”);
wherein when the second connecting member is in the first usage state, the second connecting member is connected to the first connecting member to expose the first usage surface; and when the second connecting member is in the second usage state, the second connecting member is connected to the first connecting member to expose the second usage surface (at least Fig. 10A is reversible).
Re Claim 2, Bass-Conn teaches:
The child carrier according to claim 1, wherein when the second connecting member is in the first usage state, the second connecting member is located on the second usage surface; when the second connecting member is in the second usage state, the second connecting member is located on the first usage surface (at least Figs. 9-10C).
Re Claim 6, Bass-Conn teaches:
The child carrier according to claim 1, wherein a first fitting member and a second fitting member are provided on opposite sides of the second connecting member respectively, wherein the first fitting member and the second fitting member are detachably connected to the first connecting member (at least Fig. 10 and [0066] “hooks 61” and [0066] “corner loops 64”).
Re Claim 8, Bass-Conn teaches:
The child carrier according to claim 1, wherein the second connecting member comprises a third fitting member, wherein when the second connecting member is in the first usage state or the second usage state, the third fitting member is detachably connected to the first connecting member (at least Figs. 9-10 and [0066] “hooks 61” and [0066] “corner loops 64” and [0066] “detachable”).
Re Claim 14, Bass-Conn teaches:
The child carrier according to claim 1, wherein the child carrier is a crib (at least [Abstract] “crib assembly”), and the frame body is a hammock (at least Fig. 10 and [0066] “support post 59”).
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) 3-5, 7, 9-10, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bass-Conn in view of US 20210137280 A1 to Villano.
Re Claim 3, Bass-Conn teaches:
The child carrier according to claim 2, wherein the cushion comprises a corner, two ends of the second connecting member are fixed to two edges forming the corner, respectively (at least Figs. 9-10C).
Bass-Conn does not explicitly teach:
the second connecting member is strip-shaped, and a middle portion of the second connecting member is capable of crossing over the corner to be switched between the first usage state and the second usage state.
However, Villano teaches:
the second connecting member is strip-shaped (at least Fig. 8 and [0055] “hook-and-loop fasteners 450 which engage corresponding hook-and-loop fasteners 388”.), and a middle portion of the second connecting member is capable of crossing over the corner to be switched between the first usage state and the second usage state (at least Fig. 8 and [0055] “the mattress 400 is formed of two substantially square sections 410, 420 which can fold relative to each other”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the child carrier taught by Bass-Conn with the strips taught by Villano with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it allows “detached from the hook-and-loop fasteners […] which allow the mattress 400 to fold also assist in the removable of the mattress 400 from the enclosure” (Villano [0058]).
Re Claim 4, the combination of Bass-Conn and Villano teaches:
The child carrier according to claim 3 (detailed with respect to claim 3).
Villano further teaches:
wherein at least two second connecting members are provided, at least two corners are provided, and two ends of each second connecting member are fixed to the two edges forming the corresponding corner, respectively (at least Fig. 8 and [0055] “a plurality of hook-and-loop fasteners 450 which engage corresponding hook-and-loop fasteners 388 located on the bottom member 380 of the flexible liner 300, and straps 460 are located at each corner of the mattress 400”).
Re Claim 5, the combination of Bass-Conn and Villano teaches:
The child carrier according to claim 3 (detailed with respect to claim 3).
Villano further teaches:
wherein the two ends of the second connecting member are sewn to the two edges forming the corner, respectively (at least Fig. 8).
Re Claim 7, Bass-Conn teaches:
The child carrier according to claim 6 (detailed with respect to claim 6).
Bass-Conn does not explicitly teach:
wherein the first fitting member and the second fitting member are loop sides of Velcro, and the first connecting member is a hook side of Velcro;
or the first fitting member and the second fitting member are hook sides of Velcro, and the first connecting member is a loop side of Velcro; or the first fitting member and the second fitting member are female buckles, and the first connecting member is a male buckle; or the first fitting member and the second fitting member are male buckles, and the first connecting member is a female buckle; or the first fitting member and the second fitting member are rings, and the first connecting member is a hook; or the first fitting member and the second fitting member are hooks, and the first connecting member is a ring.
However, Villano teaches:
wherein the first fitting member and the second fitting member are loop sides of Velcro, and the first connecting member is a hook side of Velcro (at least Fig. 8 and [0055] “hook-and-loop fasteners 450 which engage corresponding hook-and-loop fasteners 388”.);
or the first fitting member and the second fitting member are hook sides of Velcro, and the first connecting member is a loop side of Velcro; or the first fitting member and the second fitting member are female buckles, and the first connecting member is a male buckle; or the first fitting member and the second fitting member are male buckles, and the first connecting member is a female buckle; or the first fitting member and the second fitting member are rings, and the first connecting member is a hook; or the first fitting member and the second fitting member are hooks, and the first connecting member is a ring (It is noted that the remaining clauses are “or” clauses, so the reference explicitly teaching the clauses is optional.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the child carrier taught by Bass-Conn with the strips taught by Villano with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it allows “detached from the hook-and-loop fasteners […] which allow the mattress 400 to fold also assist in the removable of the mattress 400 from the enclosure” (Villano [0058]).
Re Claim 9, Bass-Conn teaches:
The child carrier according to claim 8 (detailed with respect to claim 8).
Bass-Conn does not explicitly teach:
wherein the first connecting member is a button, and the third fitting member is a buttonhole fitted with the button.
However, Villano teaches:
wherein the first connecting member is a button, and the third fitting member is a buttonhole fitted with the button (at least [0044] “alternate connectors can be used including, for example, buttons, ties, snaps, or the like, without departing from the spirit and scope of the present invention”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the child carrier taught by Bass-Conn with the buttons and fasteners taught by Villano with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it allows “the mattress 400 to fold also assist in the removable of the mattress 400 from the enclosure” (Villano [0058]).
Re Claim 10, Bass-Conn teaches:
The child carrier according to claim 1 (detailed with respect to claim 8).
Bass-Conn does not explicitly teach:
wherein the first connecting member is a hook side of Velcro, and the second connecting member is made of a material that is capable of being bonded to the hook side of Velcro.
However, Villano teaches:
wherein the first connecting member is a hook side of Velcro, and the second connecting member is made of a material that is capable of being bonded to the hook side of Velcro (at least Fig. 8 and [0055] “a plurality of hook-and-loop fasteners 450 which engage corresponding hook-and-loop fasteners 388 located on the bottom member 380 of the flexible liner 300, and straps 460 are located at each corner of the mattress 400”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the child carrier taught by Bass-Conn with the strips taught by Villano with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it allows “detached from the hook-and-loop fasteners […] which allow the mattress 400 to fold also assist in the removable of the mattress 400 from the enclosure” (Villano [0058]).
Re Claim 12, Bass-Conn teaches:
The child carrier according to claim 1, the child carrier further comprises a fourth fitting member and a fifth fitting member that are spaced apart and provided on the second connecting member; the first connecting member is a ring-shaped member provided on the frame body; wherein when the second connecting member is in the first usage state or the second usage state, the free end extends through and is fixed to the ring-shaped member through a detachable connection of the fourth fitting member and the fifth fitting member (at least Figs. 9-10 and [0066] “hooks 61” and [0066] “corner loops 64” and [0066] “detachable”).
Bass-Conn does not explicitly teach:
wherein the second connecting member is strip-shaped, one end of the second connecting member is connected to the cushion, and another end of the second connecting member is a free end.
However, Villano teaches:
wherein the second connecting member is strip-shaped, one end of the second connecting member is connected to the cushion, and another end of the second connecting member is a free end (at least Fig. 8 and [0055] “a plurality of hook-and-loop fasteners 450 which engage corresponding hook-and-loop fasteners 388 located on the bottom member 380 of the flexible liner 300, and straps 460 are located at each corner of the mattress 400”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the child carrier taught by Bass-Conn with the strips taught by Villano with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it allows “detached from the hook-and-loop fasteners […] which allow the mattress 400 to fold also assist in the removable of the mattress 400 from the enclosure” (Villano [0058]).
Re Claim 13, the combination of Bass-Conn and Villano teaches:
The child carrier according to claim 12 (detailed with respect to claim 12).
wherein one of the fourth fitting member and the fifth fitting member is a male buckle, and another of the fourth fitting member and the fifth fitting member is a female buckle; or one of the fourth fitting member and the fifth fitting member is a button, and another of the fourth fitting member and the fifth fitting member is a buttonhole (It is noted that the remaining clauses are “or” clauses, so the reference explicitly teaching the clauses is optional.);
Villano further teaches:
or one of the fourth fitting member and the fifth fitting member is a hook side of Velcro, and another of the fourth fitting member and the fifth fitting member is a loop side of Velcro (at least Fig. 8 and [0055] “a plurality of hook-and-loop fasteners 450 which engage corresponding hook-and-loop fasteners 388 located on the bottom member 380 of the flexible liner 300, and straps 460 are located at each corner of the mattress 400”).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bass-Conn in view of Villano and further in view of US 20130312178 A1 to Jackson.
Re Claim 11, the combination of Bass-Conn and Villano teaches:
The child carrier according to claim 10 (detailed with respect to claim 10).
The combination of Bass-Conn and Villano does not explicitly teach:
wherein the second connecting member is made of nylex.
However, Jackson teaches:
wherein the second connecting member is made of nylex (at least [0026] “nylon webbing material”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the child carrier taught by the combination of Bass-Conn and Villano with the nylon material taught by Jackson with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because it is a “ suitable flexible material” (Jackson [0026]).
Allowable Subject Matter
Claims 15-20 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.
The following is a statement of reasons for the indication of allowable subject matter: Examiner notes that US 20180035821 A1 to Bass-Conn, US 20210137280 A1 to Villano, US 20130312178 A1 to Jackson are particularly relevant.
Regarding claim 15, the prior art does not teach Applicant’s claimed “a bed frame comprising a guard rod and an operating joint, wherein the hammock is suspended inside the bed frame, and the operating joint is configured to collapse the guard rod or adjust a height of the guard rod; and a shielding member selectively shielding the operating joint”. In other words, Applicant’s claimed limitation is directed towards Applicant’s Fig. 24 which has the mattress suspended within the crib and attached to an operating joint that can collapse or adjust a height of a guard rod. Bass-Con does not teach the claimed limitation because as seen in Bass-Con Fig. 10, although the mattress is tied down view the hooks 61 on the corner posts 59, there is no further operating joint that either collapses or adjusts the height of the corner post. Although Villano Fig. 3 teaches corner posts that are adjustable in Fig. 3, Villano does not teach the mattress suspended within the frame. Although Jackson teaches the mattress within the frame in Fig. 3, Jackson suffers from a similar deficiency as Bass-Conn in not teaches a further operating joint that either collapses or adjusts the height of the corner post.
There is no teaching, suggestion, or motivation in the prior art to result in Applicant’s claimed structure. The dependent claims contain allowable subject matter for similar reasons due to their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE SUN/ Primary Examiner, Art Unit 3673