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) 1-6 and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by John V. Mariol et la. U.S. Patent 4,818,016 (Mariol).
Regarding claim 1, Mariol discloses a chair (Figure 1), comprising: a chair body (Element 13 and 14) including a seat to facilitate a seating of an infant or a toddler on the chair; and an engagement structure (Figure 2 Column 2 Line 18-64) attached to the chair body and configured to mount the chair to a table (Figure 1 Element 10), wherein the chair body is made of non-flexible material (Column 2 Line 15-17).
Regarding claim 2, Mariol discloses the chair wherein the non-flexible material includes at least one of plastic, wood, metal, silicon, or alloy (Column 2 Line 15-17).
Regarding claim 3, Mariol discloses the chair further comprising at least one foot rest coupled to the engagement structure to provide support to feet of the infant or the toddler sitting on the chair (Element 71).
Regarding claim 4, Mariol discloses the chair wherein the at least one foot rest is arranged to be displaced between a first position and a second position to change a distance of the at least one foot rest from the seat (Column 3 Line 62-68).
Regarding claim 5, Mariol discloses the chair wherein the chair body includes a support structure extending vertically from the seat to support the infant or the toddler sitting on the chair (Figure 4 Element 14).
Regarding claim 6, Mariol discloses the chair wherein the support structure includes a back support to provide support to a back of the toddler or the infant, and a pair of side supports extending forwardly of the back support and arranged spaced apart from each other defining a cavity therebetween providing a seating area for the infant or the toddler (Figure 2 side profile of the side support extension from the seat back surface Element 14).
Regarding claim 10, Mariol discloses the chair wherein the engagement structure includes a pair of arms (Element 24 Figure 2) extends outwardly of the chair body and adapted to engaged with a top surface of the table, and a pair of legs attached to the seat and configured to be engaged with a bottom surface of the table to mount and secure the chair to the table (Element 30).
Regarding claim 11, Mariol discloses the chair wherein each of the pair of legs (Element 21) includes a leg structure having a first end attached to the seat and a second end, and a coupler movably connected to the leg structure and arranged at the second end, wherein the coupler is configured to attach and secure the chair to the table (Figure 1).
Regarding claim 12, Mariol discloses the chair wherein the coupler is adapted to be displaced to an extended position relative to the leg structure to secure the chair with the table, and a retracted position to disengage the chair from the table (Figure 1 Element 35, 36, 31).
Regarding claim 13, Mariol discloses the chair further comprises a harness removably attached to the chair body and adapted to be attached to the infant or toddler sitting inside the chair body (Figure 1 Element 70).
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) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over John V. Mariol et la. U.S. Patent 4,818,016 (Mariol) in view of Mark A. Marra et al. U.S. Patent 5,334,099 A (Marra).
Regarding claims 7-9, Mariol discloses the chair comprising the chair body (Figure 1-5 Element 13 and 14). Mariol does not directly disclose the chair body to have an opening. Marra discloses a chair comprising a seat body (Element 10) wherein the chair body defines an opening of the cavity to enable an extension of legs of the infant or the toddler outwardly of the chair body, wherein the opening is defined between the pair of side supports (Element 11); wherein the support structure further includes a front support structure arranged spaced apart and facing the back support, wherein the front support structure extends between the pair of side supports and is connected to the pair of side supports (Figure 2 Element 11); wherein the front support structure defines at least one opening arranged proximate to the seat to enable an extension of legs of the infant or the toddler outwardly of the chair body.
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Mariol as taught by Marra to include Marra’s openings on the seat body and front support structure. Such a modification would provide a means to secure the seated user with legs secured.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SHIN H KIM/Primary Examiner, Art Unit 3636