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 § 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 US 20050150046 A1 to Gehr.
Re Claim 1, Gehr teaches:
A playpen (at least [Title] “playard”), comprising:
a first support rod (at least Fig. 2 element 18); and
a folding frame (at least Fig. 2 element 12);
wherein the number of the first support rod is at least four (at least Fig. 2 elements 18 number at least 4); and
the folding frame has a polygon structure (at least Fig. 2 element 12) formed by end-to-end sequential connection of a plurality of folding structures (at least Fig. 2 elements 22); the first support rod is vertically arranged on the same side of the polygon structure (at least Fig. 2 element 18);
each of the plurality of folding structures comprises a first folding assembly, a second folding assembly (at least Fig. 2 elements 22 left and right) and a fastening mechanism (at least Fig. 2 element 30); the first folding assembly and the second folding assembly are rotatably connected to a top end of the first support rod (at least Fig. 2 element 24); the fastening mechanism comprises a fastening part and a fastening hole (at least Figs. 3-4); one of the fastening part and the fastening hole is provided on the first folding assembly, and the other of the fastening part and the fastening hole is provided on the second folding assembly (at least Figs. 3-4 and [0057] “an end of a cross member 22 can be positioned within a recess 27 defined by adjacent walls 26. The end of the cross member can be pivotally secured in the respective recess 27 by a pin (not shown) that passes through holes 25 in walls 26 and through the end of the cross member 22”); the fastening part is configured to be in snap fit with the fastening hole to limit folding of the plurality of folding structures, so as to maintain the playpen in an unfolded state; and the fastening part is also configured to be detached from the fastening hole to allow the plurality of folding structures to be folded (at least Fig. 24A and [0093] “The first aperture 434 is positioned on the plate 432 so that, when the cross member 22 is in the fully open position (corresponding to the fully open arrangement of the collapsible frame structure of the playard), the snap button 438 can engage the first aperture 434. The second aperture 436 is positioned on the plate 432 so that, when the cross member 22 is in the folded position (corresponding to the folded arrangement of the collapsible frame structure of the playard), the snap button 438 can engage the second aperture 436. The snap button 438 is biased outward relative to the cross member 22; however, the snap button 438 may be depressed to clear the latch plate 432, allowing pivoting of the cross member 22 from the open position to the folded position or vice versa. This latch mechanism 400, which includes the latch plate 432 and the snap button 438, enables locking of the cross member 22 at a predefined angle in the fully open, deployed position and locking of the cross member 22 in the folded position”).
Allowable Subject Matter
Claims 2-10 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 20050150046 A1 to Gehr, US 20210085098 A1 to Pacella, and US 10557282 B1 to Flannery are particularly relevant.
Regarding claim 2, the primary reference Gehr does not teach Applicant’s claimed “an axis of the first connecting groove is perpendicular to an axis of the second connecting groove; for two first folding assemblies of any adjacent two folding structures among the plurality of folding structures, two ends of one of the two first folding assemblies are rotatably connected with the first connecting groove of one of adjacent two first connecting parts among the plurality of first connecting parts and the second connecting groove of the other of the adjacent two first connecting parts, respectively”. In other words, Applicant’s claimed limitation is directed towards Applicant’s Figs. 5-8, where the connecting parts not only snap fit together, but also have a geometry where the grooves are perpendicular to each other. Gehr fails to teach the claimed limitation because as seen in Gehr Figs. 3-6, the grooves are at obtuse angles towards each other. It would not be obvious to further modify Gehr because Gehr’s folding mechanism geometry would otherwise no longer work with a different geometry. Pacella suffers from a similar deficiency because as seen in Pacella Figs. 3-4B, Pacella’s connecting parts 130 and 120 also have obtuse angles. Flannery fails to teach the claimed limitation because while Flannery Fig. 5 teaches a snap fit fastening part and grooves, the grooves are not perpendicular to each other.
There is no teaching, suggestion, or motivation in the prior art to result in the claimed structure. The dependent claims are objected to 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
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