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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stephens (US 5964502).
Claim 1- discloses a booster seat for supporting a child in a vehicle, the booster seat comprising:
a lower base (22) having a seating surface (32), a bottom surface opposite the seating surface, a pair of sidewalls (34) extending on opposing sides of a central axis, and a pair of narrowing walls (defined by left and right surfaces of protruding neck 36) also extending on opposing sides of the central axis, each of the pair of narrowing walls extending from a respective one of the pair of sidewalls in both a rearward direction and a medial direction toward the central axis (the figures sufficiently show that the neck 36 narrows from the rear end of the sidewalls 34 to fit the narrow width of the seatback opening 48), each of the pair of narrowing walls including at least one segment that is positioned between the seating surface and the bottom surface (the figures sufficiently show that the rearmost end of the neck 36 is disposed between the seating and bottom surfaces) and between a pair of planes defined by the pair of sidewalls;
a seatback frame (24) connectable to the lower base and having a pair of opposed side edges (46), each side edge having a lower narrow segment and an upper wide segment extending laterally outward from the lower narrow segment (fig. 4 shows the edge 46 has a portion narrower toward the lower end of the seatback than a portion toward the upper end of the seatback frame); and
at least one pad (26) engageable to the seatback frame (col. 7: 5-10).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Basham (US 2008/0191530) in view of Sack (US 2018/0194252).
Claim 1- Basham discloses a booster seat for supporting a child in a vehicle, the booster seat comprising:
a lower base (30C) having a seating surface (fig. 6A), a bottom surface opposite the seating surface (figs. 3B- 3C), a pair of sidewalls (not designated, figs. 2A, 4B) extending on opposing sides of a central axis (the sidewalls are left and right front wall portions), and a pair of narrowing walls (not designated, fig. 4B) also extending on opposing sides of the central axis, each of the pair of narrowing walls extending from a respective one of the pair of sidewalls in both a rearward direction and a medial direction toward the central axis (fig. 6B shows that the narrowing walls curve rearward and inward from the left and right sidewalls), each of the pair of narrowing walls including at least one segment that is positioned between the seating surface and the bottom surface and between a pair of planes defined by the pair of sidewalls;
a seatback frame (51) connectable to the lower base (¶ 47) and having: a pair of opposed side edges (fig. 6A); and
at least one pad (32) engageable to the seatback frame (¶ 43, the cloth covering provides a pad that is optionally added to seat).
Basham teaches that the alternative backs may be incorporated to the booster seat (¶ 48) wherein the seatback (51) is simply illustrated as a block structure (fig. 6A), but Basham does not explicitly set forth the structure comprising an alternative seatback frame, with each side edge having a lower narrow segment and an upper wide segment extending laterally outward from the lower narrow segment.
Sack teaches a booster seat comprising a lower base, and a seatback frame connectable to the lower base and having: a pair of opposed side edges (fig. 6A), each side edge having a lower narrow segment and an upper wide segment extending laterally outward from the lower narrow segment (fig. 3); wherein the figures clearly show that the upper wide segment provides lateral upper body supports and the lower narrow segment provides clearance for attachment of the backrest clips (123) to the lower base bar (121).
Basham teaches that the lower segment of the seatback frame (51) attaches to the rear end of the lower base (fig. 6B), and that alternative backs may be used. Sack teaches that the lower segment of the seatback frame (108) attaches to the rear end of the lower base (118).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have substituted the seatback frame taught by Sack for the seatback frame of Basham because both seatback frames were known for providing an upper body support with lower segment attaching elements for selective use of the seatback.
The substitution would have yielded the predictable result of providing a seatback frame connectable to the lower base, wherein the opposed side edges have an upper wide segment that extends laterally outward from a lower narrow segment.
Claim 2- Basham and Sack teaches the booster seat recited in claim 1, wherein the seatback frame taught by Basham defines: a longitudinal axis positioned between the pair of opposed side edges (figs. 6A-B); and a maximum width along an axis perpendicular to the longitudinal axis (¶ 42), the maximum width being no greater than 17 inches.
Claims 3-4 – Basham and Sack teach the booster seat recited in claim 1, wherein the lower base (30C) of Basham has a maximum width of approximately 20-21 inches, and the seatback frame (51) has a maximum width of less than 14-15 inches (the minimum width of the lower base being 14-15 inches), such that the lower base maximum width is greater than the maximum width of the seatback frame.
Basham does not teach wherein the lower base defines a maximum width that is less than a maximum width of the seatback frame, wherein the second maximum width is no greater than 16 inches; however, Basham teaches that the dimensions of the lower base (and consequently, the seatback frame) are illustrative and not restrictive (¶ 42). The figures of Sack suggest alternative dimensions for the lower base and seatback frame wherein the front segment of the base (118) can define a maximum width that is less than a maximum width of the seatback frame (108) defined by the upper segment. According to Basham’s teaching, it is well-known in the art to select booster seat dimensions that are suitable for comfortably receiving a child occupant, such that the dimensions are considered a matter of design choice. In light of this known technique of selecting suitable dimensions, it follows that routine experimentation and customization would allow for a maximum width of a booster seat lower base to be no greater than 16 inches and less than a maximum width of a booster seat seatback frame.
Claim 5- Basham and Sack teaches the booster seat recited in claim 1 wherein the lower base (30C) taught by Basham includes a pair of armrests (53) coupled to respective ones of the pair of sidewalls (the armrests 53 are coupled to the sidewalls via corresponding openings formed adjacent the sidewalls).
Claim 6- Basham and Sack teaches the seat recited in claim 5, wherein the lower base (30C) taught by Basham includes a pair of armrest supports (comprising armrest ends and corresponding openings to couple each armrest to a respective sidewall), each armrest support extending between a respective one of the pair of sidewalls and a respective one of the pair of armrests (the figures show that the armrests 53 comprise a substantially horizontal segment with a forward end that is substantially vertical and engaged with an opening).
Claim 7- Basham and Sack teaches the booster seat recited in claim 6, wherein the lower base (118) taught by Sack includes a bottom edge and each armrest support (114) includes a rear edge extending at an angle relative to the bottom edge, the angle being between 30-60 degrees (figs. 2 & 5 teach that the rear edge extends forwardly at an acute angle relative to the base bottom). According to Sack’s teaching, the narrow lower segment of the seatback would provide space for a rear armrest support between the lower base and seatback of Basham, to couple the horizontal segment to the rear of lower base.
Claim 8- Basham and Sack teaches the booster seat recited in claim 7, wherein the pair of armrests (53) taught by Basham are detachably connectable to the respective ones of the pair of armrest supports.
Claim 9- Basham discloses a booster seat for supporting a child in a vehicle, the booster seat comprising: a lower base (30C), a seatback frame (51) connectable to the lower base (¶ 47), and at least one pad (32) engageable to the seatback frame (¶ 43, the cloth covering provides a pad that is optionally added to seat).
The lower base (30C) comprises:
a bottom edge (figs. 3B- 3C);
a pair of sidewalls (not designated, figs. 2A, 4B) extending on opposing sides of a central axis (the sidewalls are left and right front wall portions);
a pair of narrowing walls (not designated, fig. 4B) at a rearward region of the lower base and extending on opposing sides of the central axis, each of the pair of narrowing walls extending from a respective one of the pair of sidewalls in both a rearward direction and a medial direction toward the central axis (fig. 6B shows that the narrowing walls curve rearward and inward from the left and right sidewalls), each of the pair of narrowing walls including at least one segment that is positioned between a pair of planes defined by the pair of sidewalls (fig. 6B) such that the pair of narrowing walls are configured to create space around the vehicle buckles when the lower base is in a vehicle to facilitate insertion of one buckle into another buckle (¶ [0045]);
a pair of armrest supports (comprising armrest ends and corresponding openings to couple each armrest to a respective sidewall), each armrest support extending from a respective one of the pair of sidewalls;
a pair of armrests (53) coupled to respective ones of the pair of armrest supports (the figures show that the armrests 53 each comprise a substantially horizontal segment that is integrally formed with a vertically-supporting forward end that is engaged with an opening).
Basham does not teach each armrest support (114) including a rear edge extending at an angle relative to the bottom edge, the angle being between 30-60 degrees.
Sack teaches a booster seat comprising:
a lower base (118), and a seatback frame (108) connectable to the lower base;
a pair of armrest supports (not designated, figs. 2 & 5), each armrest support extending from a respective one of a pair of sidewalls of the lower base and including a rear edge extending at an angle relative to the bottom edge, the angle being between 30-60 degrees (figs. 2 & 5 teach that the rear edge extends forwardly at an acute angle relative to the base bottom edge);
a pair of armrests (114) coupled to respective ones of the pair of armrest supports (the figures show the armrest comprising a substantially horizontal segment that is integrally formed with the armrest support).
Basham teaches a rear end of the armrest (52) is coupled to the seatback frame (51), and that alternative backs may be incorporated to the booster seat (¶ 48). Sack configuration teaches that it is suitable for an armrest support to include an angled rear edge couple to the lower base for a seatback frame having a narrow lower segment relative to a wide upper segment.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat of Basham with angled armrest supports, as taught by Sack, in order to provide a pair of armrests suitable for use with an alternatively configured seatback frame.
Claim 10- Basham and Sack teaches the booster seat recited in claim 9, wherein the seatback frame taught by Basham defines: a longitudinal axis positioned between the pair of opposed side edges (figs. 6A-B); and a maximum width along an axis perpendicular to the longitudinal axis (¶ 42), the maximum width being no greater than 17 inches.
Claims 11-12 – Basham and Sack teach the booster seat recited in claim 9, wherein the lower base (30C) of Basham has a maximum width of approximately 20-21 inches, and the seatback frame (51) has a maximum width of less than 14-15 inches (the minimum width of the lower base being 14-15 inches), such that the lower base maximum width is greater than the maximum width of the seatback frame.
Basham does not teach wherein the lower base defines a maximum width that is less than a maximum width of the seatback frame, wherein the second maximum width is no greater than 16 inches; however, Basham teaches that the dimensions of the lower base (and consequently, the seatback frame) are illustrative and not restrictive (¶ 42). The figures of Sack suggest alternative dimensions for the lower base and seatback frame wherein the front segment of the base (118) can define a maximum width that is less than a maximum width of the seatback frame (108) defined by the upper segment. According to Basham’s teaching, it is well-known in the art to select booster seat dimensions that are suitable for comfortably receiving a child occupant, such that the dimensions are considered a matter of design choice. In light of this known technique of selecting suitable dimensions, it follows that routine experimentation and customization would allow for a maximum width of a booster seat lower base to be no greater than 16 inches and less than a maximum width of a booster seat seatback frame.
Claim 13- Basham and Sack teaches the booster seat recited in claim 9, wherein the pair of armrests (53) taught by Basham are detachably connectable to the respective ones of the pair of armrest supports.
Claim 14- Basham discloses a booster seat for supporting a child in a vehicle, the booster seat comprising:
a lower base (30C) having a forward region, a rearward region (fig. 6B), a seating surface (fig. 6A), a bottom surface opposite the seating surface (figs. 3B- 3C), a pair of sidewalls (not designated, figs. 2A, 4B) extending on opposing sides of a central axis (the sidewalls are left and right front wall portions), and a pair of narrowing walls (not designated, fig. 4B) at the rearward region and extending on opposing sides of the central axis, each of the pair of narrowing walls extending from a respective one of the pair of sidewalls in both a rearward direction and a medial direction toward the central axis (fig. 6B shows that the narrowing walls curve rearward and inward from the left and right sidewalls), each of the pair of narrowing walls including at least one segment that is positioned between the seating surface and the bottom surface and between a pair of planes defined by the pair of sidewalls;
a seatback frame (51) connectable to the lower base (¶ 47) and having: a pair of opposed side edges (fig. 6A); and a longitudinal axis positioned between the pair of opposed side edges; the seatback frame defining a maximum width along an axis perpendicular to the longitudinal axis (¶ 42), the maximum width being no greater than 17 inches;
and at least one pad (32) engageable to the seatback frame (¶ 43, the cloth covering provides a pad that is optionally added to seat).
Basham teaches that the alternative backs may be incorporated to the booster seat (¶ 48) wherein the seatback (51) is simply illustrated as a block structure (fig. 6A), but Basham does not explicitly set forth the structure comprising an alternative seatback frame, with each side edge having a lower narrow segment and an upper wide segment extending laterally outward from the lower narrow segment.
Sack teaches a booster seat comprising a lower base, and a seatback frame connectable to the lower base and having: a pair of opposed side edges (fig. 6A), each side edge having a lower narrow segment and an upper wide segment extending laterally outward from the lower narrow segment (fig. 3); wherein the figures clearly show that the upper wide segment provides lateral upper body supports and the lower narrow segment provides clearance for attachment of the backrest clips (123) to the lower base bar (121).
Basham teaches that the lower segment of the seatback frame (51) attaches to the rear end of the lower base (fig. 6B), and that alternative backs may be used. Sack teaches that the lower segment of the seatback frame (108) attaches to the rear end of the lower base (118).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have substituted the seatback frame taught by Sack for the seatback frame of Basham because both seatback frames were known for providing an upper body support with lower segment attaching elements for selective use of the seatback.
The substitution would have yielded the predictable result of providing a seatback frame connectable to the lower base, wherein the opposed side edges have an upper wide segment that extends laterally outward from a lower narrow segment.
Claims 15-16 – Basham and Sack teach the booster seat recited in claim 14, wherein the lower base (30C) of Basham has a maximum width of approximately 20-21 inches, and the seatback frame (51) has a maximum width of less than 14-15 inches (the minimum width of the lower base being 14-15 inches), such that the lower base maximum width is greater than the maximum width of the seatback frame.
Basham does not teach wherein the lower base defines a maximum width that is less than the maximum width of the seatback frame, wherein the maximum width of the lower base may be no greater than 16 inches; however, Basham teaches that the dimensions of the lower base (and consequently, the seatback frame) are illustrative and not restrictive (¶ 42). The figures of Sack suggest alternative dimensions for the lower base and seatback frame wherein the front segment of the base (118) can define a maximum width that is less than a maximum width of the seatback frame (108) defined by the upper segment. According to Basham’s teaching, it is well-known in the art to select booster seat dimensions that are suitable for comfortably receiving a child occupant, such that the dimensions are considered a matter of design choice. In light of this known technique of selecting suitable dimensions, it follows that routine experimentation and customization would allow for a maximum width of a booster seat lower base to be no greater than 16 inches and less than a maximum width of a booster seat seatback frame.
Therefore, it would have been obvious to one of ordinary skill in the art to configure the booster seat taught by Basham and Sack with maximum base and seatback widths, such that the configuration yields the predictable result of the claimed booster seat wherein the lower base defines a maximum width no greater than 16 inches and that is less than the maximum width of the seatback frame.
Claim 17- Basham and Sack teaches the booster seat recited in claim 14 wherein the lower base (30C) taught by Basham includes a pair of armrests (53) coupled to respective ones of the pair of sidewalls (the armrests 53 are coupled to the sidewalls via corresponding openings formed adjacent the sidewalls).
Claim 18- Basham and Sack teaches the seat recited in claim 17, wherein the lower base (30C) taught by Basham includes a pair of armrest supports (comprising armrest ends and corresponding openings to couple each armrest to a respective sidewall), each armrest support extending between a respective one of the pair of sidewalls and a respective one of the pair of armrests (the figures show that the armrests 53 comprise a substantially horizontal segment with a forward end that is substantially vertical and engaged with an opening).
Claim 19- Basham and Sack teaches the booster seat recited in claim 18, wherein the lower base (118) taught by Sack includes a bottom edge and each armrest support (114) includes a rear edge extending at an angle relative to the bottom edge, the angle being between 30-60 degrees (figs. 2 & 5 teach that the rear edge extends forwardly at an acute angle relative to the base bottom). According to Sack’s teaching, the narrow lower segment of the seatback would provide space for a rear armrest support between the lower base and seatback of Basham, to couple the horizontal segment to the rear of lower base.
Claim 20- Basham and Sack teaches the booster seat recited in claim 17, wherein the pair of armrests (53) taught by Basham are detachably connectable to the respective ones of the pair of armrest supports.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TANIA ABRAHAM whose telephone number is (571)272-2635. The examiner can normally be reached 9 am - 5:30 pm.
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, DAVID DUNN can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
Prosecution Insights