DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 "wherein the locking member comprises: a fixing portion non-slidable in an axial direction of the handrail tube and provided with the second hole in a circular shape; and a locking portion slidably connected to the fixing portion and slidable in the axial direction of the handrail tube between the first locking position and the first unlocking position" must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) s 1-11, and 14-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cai (Chinese Pat. No. 216020206U).
Regarding claim 1, Cai discloses (FIGS. 1-6, and 11) a folding mechanism for a baby crib (As illustrated between FIGS. 1-6 and 11), comprising: a handrail tube (2); FIGS. 1-6) pivotable between an unfolded position and a folded position (As illustrated between FIGS. 1-6); a fixing base (1; FIGS. 1-6) having a lateral end pivotably connected to the handrail tube (As illustrated between FIGS. 1-6); a locking member (correspondent 4 and subcomponents thereof; FIGS. 1-6) movably sleeved into a pivoting end of the handrail tube and slidable between a first locking position and a first unlocking position (As illustrated between FIGS. 1-6); and an operating member (7; FIGS. 1-6) slidably connected to the fixing base and slidable between a second locking position and a second unlocking position (As illustrated between FIGS. 1-6); wherein when the operating member slides from the second locking position to the second unlocking position, the operating member drives the locking member to slide from the first locking position to the first unlocking position(As illustrated between FIGS. 1-6); wherein in the first locking position, the locking member prohibits the handrail tube from pivoting, and in the first unlocking position, the locking member allows the handrail tube to pivot (As illustrated between FIGS. 1-6).
Regarding claim 2, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 1, wherein the locking member has a locking end provided with a cooperating slope (correspondent and about 511; FIGS. 4), the operating member is provided with a driving slope (73) in driving cooperation with the cooperating slope (As illustrated between FIGS. 1-6), and when the operating member slides from the second locking position to the second unlocking position, the driving slope abuts against and presses the cooperating slope to drive the locking member to slide from the first locking position to the first unlocking position (As illustrated between FIGS. 1-6 and 9).
Regarding claim 3, Cai discloses (FIGS. 1-6) the folding mechanism of claim 2, wherein the locking end is provided with a recess on an end face thereof (As illustrated in FIGS. 4 and 6), and a bottom face of the recess is inclined relative to the end face of the locking end to form the cooperating slope (As illustrated between FIGS. 1-6).
Regarding claim 4, Cai discloses (FIGS. 1-6) the folding mechanism of claim 3, wherein the operating member comprises a driving portion (long extenuate body of 72/7; FIG. 4) extending in a sliding direction thereof, the driving slope is formed on an end of the driving portion (As illustrated between FIGS. 1-6), and the driving slope drivingly cooperates with the cooperating slope within the recess (As illustrated between FIGS. 1-6).
Regarding claim 5, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 1, wherein the pivoting end of the handrail tube is provided with a first hole (21; FIG. 4), the locking member is provided with a second hole (as illustrated in FIG. 4), the fixing base is provided with a third hole (14), and a pivoting member passes through the first hole, the second hole, and the third hole to allow the handrail tube and the locking member to pivot relative to the fixing base (As illustrated between FIGS. 1-6 and 9).
Regarding claim 6, Cai discloses (FIGS. 1-6and 9) the folding mechanism of claim 5, wherein the locking member comprises: a fixing portion non-slidable in an axial direction of the handrail tube and provided with the second hole in a circular shape (As illustrated between FIGS. 1-6 and 9); and a locking portion slidably connected to the fixing portion and slidable in the axial direction of the handrail tube between the first locking position and the first unlocking position (As illustrated between FIGS. 1-6 and 9).
Regarding claim 7, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 5, wherein the second hole is an elongated hole allowing the locking member to slide in the axial direction of the handrail tube between the first locking position and the first unlocking position (As eminently illustrated between FIGS. 1-6 and 9).
Regarding claim 8, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 7, further comprising a first resilient member (52; FIGS. 1-6 and 9), wherein one end of the first resilient member abuts against the pivoting member, the other end of the first resilient member abuts against the locking member (As illustrated between FIGS. 1-6 and 9), and when the handrail tube is in the unfolded position, the first resilient member biases the locking member toward the first locking position (As illustrated between FIGS. 1-6 and 9).
Regarding claim 9, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 1, wherein the fixing base is provided with a locking hole therein (131’ As illustrated between FIGS. 1-6 and 9); when the locking member is in the first locking position, a locking end of the locking member is positioned inside the locking hole to prohibit the handrail tube from pivoting relative to the fixing base (As eminently illustrated between FIGS. 1-6 and 9); and when the locking member is in the first unlocking position, the locking end of the locking member is positioned outside the locking hole to allow the handrail tube to pivot relative to the fixing base (As illustrated between FIGS. 1-6 and 9).
Regarding claim 10, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 9, wherein the locking hole is provided in an upper portion of the fixing base and extends in a lateral direction of the fixing base (As illustrated between FIGS. 1-6 and 9).
Regarding claim 11, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 9, wherein the fixing base is provided with a guiding rib (correspondent 13/132; FIGS. 1-6 and 9) extending from a lower side of the locking hole to the lateral end of the fixing base, the guiding rib is provided with an arched guiding face on a side thereof facing the handrail tube (As illustrated between FIGS. 1-6 and 9), and when the handrail tube pivots relative to the fixing base, the locking end of the locking member slides on the arched guiding face (As illustrated between FIGS. 1-6 and 9).
Regarding claim 14, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 9, wherein the fixing base is provided with an accommodating cavity therein (As illustrated between FIGS. 1-6 and 9), and the operating member is at least partially accommodated in the accommodating cavity (As illustrated between FIGS. 1-6 and 9).
Regarding claim 15, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 14, wherein the operating member is provided with a connecting protrusion thereon (As eminently illustrated between FIGS. 1-6 and 9), a side wall in the accommodating cavity is provided with a connecting groove in cooperation with the connecting protrusion (As eminently illustrated between FIGS. 1-6 and 9), and when the operating member slides relative to the fixing base, the connecting protrusion slides along the connecting groove (As illustrated between FIGS. 1-6 and 9).
Regarding claim 16, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 15, wherein the connecting groove is an elongated groove extending in a sliding direction of the operating member (As illustrated between FIGS. 1-6 and 9).
Regarding claim 17, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 14, wherein a top wall of the accommodating cavity is provided with a through hole in communication with the locking hole (As illustrated between FIGS. 1-6 and 9), the operating member includes a driving portion (extending length of 72/7; FIG. 4) extending in a sliding direction thereof (As illustrated between FIGS. 1-6 and 9), and the driving portion passes through the through hole to cooperate with the locking end of the locking member (As illustrated between FIGS. 1-6 and 9).
Regarding claim 18, Cai discloses (FIGS. 1-6 and 9) the folding mechanism of claim 1, further comprising a second resilient member (As illustrated between FIGS. 1-6 and 9 with two springs therein), wherein one end of the second resilient member abuts against the operating member (As illustrated between FIGS. 1-6 and 9), the other end of the second resilient member abuts against the fixing base, and the second resilient member biases the operating member toward the second locking position (As illustrated between FIGS. 1-6 and 9).
Regarding claim 19, Cai discloses (FIGS. 1-6) the folding mechanism of claim 1, wherein the fixing base has a bottom wall at least partially covering an interior space of the fixing base (at least horizontal planar outer surface of 7 forms a bottom wall partially covering an interior space of the fixing base as illustrated between FIGS. 1-6 and 9).
Regarding claim 20, Cai discloses (FIGS. 1-6, and 11) a baby crib comprising the folding mechanism of claim 1 (As illustrated in FIGS. 1-6 and particularly 11).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cai in view of Wang (U.S. Pat. No. 5937457) and Dowd et al. (U.S. Pat. No. 8966680); hereafter “Dowd”, with Dowd used as a teaching reference.
Regarding claim 12, Cai discloses (FIGS. 1-6) the folding mechanism of claim 11.
However, Cai does not explicitly disclose wherein the fixing base further comprises a limiting portion disposed at a side of the guiding rib proximate to the lateral end of the fixing base, and when the handrail tube is in the folded position, the limiting portion prohibits the handrail tube from pivoting toward the unfolded position.
Regardless, Wang teaches (FIGS. 1-4) a baby crib (FIGS. 1-4) wherein the fixing base further comprises a limiting portion disposed at a side of the guiding rib proximate to the lateral end of the fixing base (As illustrated between FIGS. 3-4), and when the handrail tube is in the folded position, the limiting portion prohibits the handrail tube from pivoting toward the unfolded position (As illustrated between FIGS. 3-4).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to have incorporated the limiting portions that engage the ends of the pivoting handrail tubes disposed at the lateral end of the fixing base of Wang into Cai. Where the results would have been predictable as both Wang and Cai are collapsible/foldable infant housing articles and where Dowd further presents an arresting/locking technology to the upper handrails (FIGS. 1-17B) analogous to Cai’s upper hand rails. Where further Wang explicitly acknowledges advantageously such feature “Improves safety of e.g. infant when using cradle. Prevents supports rods from being pulled up and outward before they are moved” [1:59-67].
Regarding claim 13, Cai in view of Wang and Dowd discloses (Wang: FIGS. 3-4) the folding mechanism of claim 12, wherein the limiting portion comprises a limiting step and a limiting face (as eminently illustrated in FIGS. 3-4), the limiting step is disposed between the limiting face and the arched guiding face, and a distance between the limiting face and a pivoting center of the handrail tube is greater than a distance between the arched guiding face and the pivoting center of the handrail tube (as eminently illustrated in FIGS. 3-4 with consideration in combination with Cai’s already present arched guiding faces).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the Notice of References Cited (PTO-892) were considered pertinent because the address the state of the art concerning cribs, latches and locking means and configurations thereof, and intra-locking components thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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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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/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
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