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 .
Specification
The disclosure is objected to because of the following informalities: in ¶0104, the second sentence states: “Two ends of the first elastic element 814 abut against the first locking element 811 and the driving element 813, respectively.” This arrangement, while shown in Figs. 16B, 17A, and 17B, does not appear to be structurally accurate to achieve the resulting biasing feature (e.g., returning the locking gear 811 back into a locked position between the seat base 400 and the connection base 500). This structural arrangement is supported by instant claim 6 describing the biasing spring between the connection base and the first locking element. For examination purposes biasing member 814 is interpreted to be disposed between the connection fixing base 500 and the first locking element 811 to bias the locking element 811 toward the first locking groove 812 in seat fixing base 400.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first elastic element having its ends abutting the first locking element and the connection fixing base must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are further objected to because they currently show the first elastic element 814 disposed between the driving element 813 and the inboard side of the seat fixing base 400 (see Figs. 16B, 17A, and 17B). However, having the biasing spring 814 in this location runs contrary to the rest of the disclosure which provides for the spring to bias the locking element 811 back into the first locking groove 812 (located on the outboard side of the seat fixing base - see Fig. 15).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. In claim 12, the claim recites that the first elastic element is disposed with its ends abutting the driving element and the first locking element (as currently depicted in Figs. 16B, 17A, and 17B). However, this arrangement will not operate to enable the first locking element to move toward the first locking groove provided in the seat fixing base. Instead, the first elastic element (as currently claimed) would push the first locking element away from the first locking groove (see above discussions related to the drawings and specification). For examination purposes, this claim is being interpreted to provide for the first elastic member abutting against the first locking element and the connection fixing base.
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 23-24 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.
Claim 23 recites the limitation "the engaging portion" in its third line. There is insufficient antecedent basis for this limitation in the claim. Claim 24 is rejected as being dependent on rejected claim 23.
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.
Claims 1-6 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yi (CN 214524020, see attached machine translation).
Regarding claim 1, Yi discloses a baby carrier, comprising:
a frame assembly (e.g., the stroller frame 9);
a connection fixing base (6) disposed on the frame assembly;
an armrest fixing base (41) and a seat fixing base (11) both coaxially pivoted with the connection fixing base (see Figs. 1 and 3 showing the coaxial alignment); and
a first locking mechanism (7), wherein the armrest fixing base (41) is rotated to convert the first locking mechanism from a locked state to an unlocked state, when the first locking mechanism is in the locked state, the seat fixing base and the connection fixing base are relatively fixed, when the first locking mechanism is in the unlocked state, the seat fixing base and the connection fixing base are capable of rotating relative to each other (see e.g., ¶0029 describing how the rotation of the armrest 42/41 unlocks the locking mechanism 7 to allow for the joint to rotate).
Regarding claims 2-3, Yi further discloses that the first locking mechanism comprises a first locking element (e.g., see splines 72 on lock 7) and a first locking groove (groove 73 in Fig. 3 on seat fixing base 11; and groove 74 in Fig. 4 on connection fixing base 6), the first locking element is disposed on one of the connection fixing base (6) and the seat fixing base (11; see Figs. 3 and 4 showing the gear-shaped lock 7 sitting in both/either of the bases 6/11), the first locking groove (73 or 74) is disposed on the other one of the connection fixing base (6) and the seat fixing base (11), the armrest fixing base is rotated to disengage the first locking element from the first locking groove (e.g., the gear 7 is pushed outwardly from the inboard groove 73).
Regarding claims 4-5, Yi further discloses that the first locking mechanism further comprises a driving element (71), the armrest fixing base (41) is rotated to drive the driving element (71, via the cooperating inclined surfaces 712/714 on the base 41 and pusher 71) to push the first locking element (7) away from the seat fixing base (11) to disengage from the first locking groove (73) and the other end of the driving element (e.g., side 713 in Fig. 3) abuts against the first locking element (7).
Regarding claim 6, Yi further discloses that the first locking mechanism further comprises a first elastic element (75), two ends of the first elastic element abut against the first locking element (7) and the connection fixing base (6), respectively, the first elastic element is configured to enable the first locking element to move toward the first locking groove (73; see Fig. 3).
Regarding claim 17, Yi further discloses that the carrier comprises a backrest fixing base (21) and a third locking mechanism (3), wherein the armrest fixing base (41), the backrest fixing base (32), the seat fixing base (11) are coaxially pivoted (see e.g., Fig. 3), when the backrest fixing base (21) rotates relative to the armrest fixing base (21) to a first position (e.g., in the position shown in Fig. 3), the third locking mechanism (3) locks the armrest fixing base (41) and the seat fixing base (11; via lockup at groove 32 in the seat base which is locked via lock 5 to the armrest fixing base 41), when the backrest fixing base (21) rotates relative to the armrest fixing base (41) to a second position (see e.g., Fig. 6), the third locking mechanism (3) unlocks the armrest fixing base and the seat fixing base (e.g., see ¶0029 - second clause, describing how the unlocking of lock 3 along with the rotation of the seatback unlocks the armrest 42/41 and the seat 1/11).
Allowable Subject Matter
Claims 8-13 and 18-24 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 and to overcome the above claim objections and §112 rejections.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose or otherwise fairly suggest (in addition to all of the other recited elements and limitations) that a second locking mechanism in a joint between the hand and forefoot support rods, the rotation of the armrest fixing base unlocking the second locking mechanism; or that the armrest fixing base includes a first locking portion for a third locking mechanism that cooperates with a second locking portion provided on the seat fixing base and which unlocks when the backrest fixing base rotates relative to the armrest fixing base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE CLEMMONS whose telephone number is (313)446-4842. The examiner can normally be reached on 8-4:30 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVE CLEMMONS/Primary Examiner, Art Unit 3618
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