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 § 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) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rasciuc (WO 2022066012 A1) in view of Salazar et al. (US 10,743,678 B2)(Salazar), Antunovic (US 2019/0350379 A1), and Snyder (US 2021/0145189 A1).
Regarding claim 1, Rasciuc discloses baby carrying apparatus comprising, a waist support (120) having a top portion, right side portion and left side portion, a first and second strap (124a/124b) each having a first end and a second end, the first end of the first strap attached to the right side portion of the waist support and a second end of the first strap having a fastener element (126a), and the first end of the second strap attached to the left side portion of the waist support and the second end of the second strap having a fastener element (126b) configured to mate with the fastener element of the first strap; a support panel (110) having a top portion, bottom portion, right side portion, and left side portion, and wherein the bottom portion of the panel is attached to the top portion of the waist support (Fig. 1); a first side support extending from the right side portion of the panel and a second side support extending from the left side portion of the panel (152/162), the first and second side supports having a fastener element at distal ends (154/164), a first shoulder support (132) extending from the top portion of the panel; a first adjustable strap (134) having a first end and a second end wherein the first end of the first adjustable strap is attached to the first shoulder support, and the second end of the first adjustable strap comprises a fastener element (136) configured to detachably engage the fastener element of the second side support (noting the configuration of Fig. 3B); a second shoulder support (142) extending from the top portion of the panel; and a second adjustable strap (144) having a first end and a second end wherein the first end of the second adjustable strap is attached to the second shoulder support, and the second end of the second adjustable strap comprises a fastener element (146) configured to detachably engage the fastener element of the first side support (Fig. 3B).
Rasciuc does not specifically disclose a first and second panel, wherein the second panel is provided inward of the first panel or specifically that the second shoulder support extends from the second panel.
Salazar teaches a baby carrying device including a support portion made from a first panel and a second panel (30/32), noting one panel is inward of the other panel (Figs. 1 and 2) and each panel is associated with a portion that extends over a user’s shoulder.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Rasciuc and replace the single support panel with a pair of panels similar to that of Salazar because such a change would allow the support panel to act more like a wrap carrier and easily fit the user as suggested by Salazar (Abstract).
To the degree that it may be unclear that the modified device of Rasciuc may not clearly demonstrate the first and second side supports extending from a left and right sides of the first panel, Antunovic teaches the ability to have a baby carrier including a panel and a first and second side supports (122) attached to different sides of a panel 112.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and use the teaching of Antunovic and attach the side support portions to the first panel because such a change would have required a mere choice from a finite number of solutions and would have yielded predictable results. I.e. both attached to a first panel, both attached to a second panel, or one attached to each panel. Further, the second side support is on the opposite side of the first shoulder support.
Modified Rasciuc does not specifically disclose the first adjustable strap is attached via an adjustable strap support to the first shoulder support, or the second adjustable strap is attached via an adjustable strap support to the second shoulder support.
Snyder demonstrates a carrier including an adjustable straps attached via an adjustable strap support (170) to a shoulder support to allow for adjustability of the strap in a shoulder region.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and use the teaching of Snyder and attach the first and second adjustable straps to the first and second shoulder supports via an adjustable strap support because such a change would allow for an additional degree of adjustability as demonstrated by Snyder.
Regarding claim 4, Rasciuc discloses a baby carrying apparatus comprising: a waist support (120) comprising a first and second strap (124a/124b) extending from opposite ends of the waist support, a support panel (110) attached to a top portion of the waist support (Fig. 1), a first side support (152) extending from a first side of the first panel and a second side support (162) extending from a second side of the first panel, the first and second side supports having a fastener element at a distal end (154/164); a first shoulder support (132) extending from a top portion of the support panel; a first adjustable strap (134) extending from the first shoulder support, wherein a distal end of the first adjustable strap has a fastener element (136) configured to detachably engage the fastener element of the second side support (noting the configuration of Fig. 3B); a second shoulder support (142) extending from a top portion of the support panel; and a second adjustable strap (144) extending from the second shoulder support, wherein a distal end of the second adjustable strap has a fastener element (146) configured to detachably engage the fastener element of the first side support (Fig. 3b).
Rasciuc does not specifically disclose a first and second panel, wherein the second panel is provided inward of the first panel or specifically that the second shoulder support extends from the second panel.
Salazar teaches a baby carrying device including a support portion made from a first panel and a second panel (30/32), noting one panel is inward of the other panel (Figs. 1 and 2) and each panel is associated with a portion that extends over a user’s shoulder.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Rasciuc and replace the single support panel with a pair of panels similar to that of Salazar because such a change would allow the support panel to act more like a wrap carrier and easily fit the user as suggested by Salazar (Abstract).
To the degree that it may be unclear that the modified device of Rasciuc may not clearly demonstrate the first and second side supports extending from a left and right sides of the first panel, Antunovic teaches the ability to have a baby carrier including a panel and a first and second side supports (122) attached to different sides of a panel 112.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and use the teaching of Antunovic and attach the side support portions to the first panel because such a change would have required a mere choice from a finite number of solutions and would have yielded predictable results. I.e. both attached to a first panel, both attached to a second panel, or one attached to each panel.
Modified Rasciuc does not specifically disclose the first adjustable strap is attached via an adjustable strap support to the first shoulder support, or the second adjustable strap is attached via an adjustable strap support to the second shoulder support.
Snyder demonstrates a carrier including an adjustable straps attached via an adjustable strap support (170) to a shoulder support to allow for adjustability of the strap in a shoulder region.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and use the teaching of Snyder and attach the first and second adjustable straps to the first and second shoulder supports via an adjustable strap support because such a change would allow for an additional degree of adjustability as demonstrated by Snyder.
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rasciuc (WO 2022066012 A1) in view of Salazar et al. (US 10,743,678 B2)(Salazar), Antunovic (US 2019/0350379 A1), and Snyder (US 2021/0145189 A1) as applied to claims 1 and 4 above, and further in view of DE 202022103619 U1.
Regarding claims 2 and 5, modified Rasciuc does not specifically disclose a first and second cushioned support, the first and second cushioned support attached to the top portion of waist support and configured to provide support for a baby’s legs.
DE 202022103619 U1 demonstrates a baby carrier including a waist support and a first and second cushioned support (19) attached to the top portion of waist support (via the panel to which they are part of) and configured to provide support for a baby’s legs (Page 6 of the translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and include a first and second cushioned support on the side portions that would contact a baby’s legs/thighs because such a change would help improve the comfort of the baby as well as include some level of support to the baby’s legs/thighs as suggested by DE 202022103619 U1.
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rasciuc (WO 2022066012 A1) in view of Salazar et al. (US 10,743,678 B2)(Salazar), Antunovic (US 2019/0350379 A1), and Snyder (US 2021/0145189 A1) as applied to claims 1 and 4 above, and further in view of JP 3136901 U.
Regarding claims 3 and 6, modified Rasciuc does not specifically disclose each of the first and second shoulder supports further comprise a fabric loop configured to slide up and down the shoulder support.
JP 3136901 U demonstrates a baby carrier including a first and second shoulder supports (2) each including loop configured to slide up and down the shoulder support in order to control the width of the shoulder supports (Figs. 3a/3b).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and include a sliding loop that is capable of adjusting the width of the shoulder support similar to that of JP 3136901 U because such a change would allow the width of the shoulder support portions to be adjusted as desired and suggested by JP 3136901 U.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rasciuc (WO 2022066012 A1) in view of Salazar et al. (US 10,743,678 B2)(Salazar), Antunovic (US 2019/0350379 A1),
Regarding claim 7, Rasciuc discloses a method for wearing a baby carrier (Figs. 1 and 3B), comprising placing a waist support (120) around the body of a user (Fig. 3B); detachably engaging fastener elements (126a/126b) of a first and second strap (124a/124b) extending from opposite sides of the waist support to secure the waist support around the body of the user (Fig. 3B); placing a first shoulder support (132) extending from (and formed integrally with, noting it is permanently attached thereto as when manufacturing the carrier via stitching) a first panel attached to the waist support over a first shoulder of user (Fig. 3B); routing a first adjustable strap extending from the first shoulder support across the back of the user, placing a second shoulder support extending from the support panel over a second shoulder of user; routing a second adjustable strap extending from (and formed integrally with, noting it is permanently attached thereto as when manufacturing the carrier via stitching) the second shoulder support across the back of the user and over the first adjustable strap (Fig. 3B); detachably engaging a fastener element at a distal end of the first adjustable strap to a fastener element of a second side support extending from a first panel; and detachably engaging a fastener element at a distal end of the second adjustable strap to a fastener element of a first side support extending from a first panel (noting the configuration of Fig. 3B).
Rasciuc does not specifically disclose a first and second panel or specifically that the second shoulder support extends from the second panel.
Salazar teaches a baby carrying device including a support portion made from a first panel and a second panel (30/32), noting one panel is inward of the other panel (Figs. 1 and 2) and each panel is associated with a portion that extends over a user’s shoulder.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Rasciuc and replace the single support panel with a pair of panels similar to that of Salazar because such a change would allow the support panel to act more like a wrap carrier and easily fit the user as suggested by Salazar (Abstract).
To the degree that it may be unclear that the modified device of Rasciuc may not clearly demonstrate the first and second side supports extending from a left and right sides of the first panel, Antunovic teaches the ability to have a baby carrier including a panel and a first and second side supports (122) attached to different sides of a panel 112.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rasciuc and use the teaching of Antunovic and attach the side support portions to the first panel because such a change would have required a mere choice from a finite number of solutions and would have yielded predictable results. I.e. both attached to a first panel, both attached to a second panel, or one attached to each panel.
Alternatively, to the degree that it can be argued that the first shoulder support and second shoulder support are not formed integrally with a first panel or a second panel, such a change would have required a mere choice of making portions integral. It has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1983). Further, it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973).
Response to Arguments
Applicant's arguments filed 1 April 2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-6 have been considered but are moot in view of the new grounds of rejection.
Applicant argues that the cited references fail to teach or disclose respective shoulder supports are “formed integrally with” the respective panels. Examiner respectfully disagrees. The shoulder support portions of Rasciuc are considered to be integrally formed with the panel at least to the degree that the shoulder support portions are stitched or otherwise attached thereto in manufacturing of the carrier. Alternatively, to the degree that such a configuration is not considered integrally formed, such a change would have required a mere choice of making portions integral as noted above.
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.
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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