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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darling et al. (US 5,678,739 A)(Darling) in view of Koo (KR 102281303 B1).
Regarding claim 1, Darling discloses child lap restraint device capable of being used on an airplane comprising, a harness restraint having an adult portion (Fig. 3) and a child portion (Figs. 6 and 7), wherein said adult portion for securing around an adult and said child portion for securing around a child sitting in a lap of the adult (Figs. 2A and 2C noting the child would be in the adults lap when the adult is sitting), wherein said adult portion and said child portion connected to each other with a first plurality of buckles (130/132/108) for enabling the child to be secured adjacent to the adult, wherein said adult portion having a belt segment (152/154/156) for wearing around an abdomen of the adult, and further wherein said adult portion having a second plurality of buckles (166/168) disposed on an outer surface of said belt segment (Fig. 9C) compatible with an airplane seat belt for securing said harness restraint with the airplane seat, to the degree that the non-claimed airplane seat belt is properly configured with buckles capable of interacting with the buckles of the harness device.
To the degree that it can be argued that the buckles of Darlington are not capable with an airplane seat belt, Koo demonstrates a similar baby carrier for restraining a child on a wearer’s lap and further including a plurality of buckles (112/200/300) secured to a waist belt of an adult portion of the carrier compatible with attaching to a seat belt system (10/20).
It would have been obvious to one having ordinary skill in the art before the effective filling date to take the device of Darling and configure the second set of buckles or add an additional set of buckles, similar to those of Koo, compatible to secure to a seat belt because such a change would help ease the boarding of a vehicle by a parent carrying a baby and secure the baby and the parent to a vehicle seat without the need to remove the baby and place it in a car seat or some other separate securing device.
Regarding claim 2, modified Darling discloses belt segment forming a loop adjustable in length around the abdomen of the adult (Figs. 5 and 9C).
Regarding claim 3, modified Darling discloses said adult portion having a pair of cross- fastened shoulder straps (104/150 and 102/148) extending from said belt segment for securing around the shoulders of the adult.
Regarding claim 4-5, modified Darling discloses said pair of cross-fastened shoulder straps having a first shoulder strap extending diagonally between a rear side of said belt segment (Fig. 5) and a front side of said belt segment (Fig. 9C), said pair of cross-fastened shoulder straps having a second shoulder strap extending diagonally between said rear side of said belt segment (Fig. 5) and said front side of said belt segment (Fig. 9C).
Regarding claim 6, modified Darling discloses said first shoulder strap and said second shoulder strap are diagonally opposed (Figs. 3 and 5).
Regarding claim 7, modified Darling discloses said rear side of said belt segment is proximal to a back of the adult (Fig. 5).
Regarding claim 8, modified Darling discloses said front side of said belt segment (noting the portions 154 and 156 that extend in front of the adult) is proximal to a front of a torso of the adult.
Regarding claim 9, modified Darling discloses said child portion having a seat including two leg loops (Fig. 2C and 9B) formed by a child seat base (206 and 204) and a front surface (202), further wherein said leg loops accommodate legs of a child in extended position (Fig. 2C).
Regarding claim 10, modified Darling discloses said front surface is triangular (Noting Fig. 6, whereby the portions on which 212 and 214 are disposed form two points, and the lowest point forms a third point of a generally triangular shape) for providing support to the body of a child sitting in said child portion.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darling et al. (US 5,678,739 A)(Darling) in view of Koo (KR 102281303 B1) as applied to claim 10 above, and further in view of Gray (WO 9216130 A1).
Regarding claim 11, modified Darling does not specifically disclose said child portion having a support belt disposed across said front surface forming a closed loop around the body of the child.
Gray discloses a similar baby carrier including a baby holding portion having a support belt (Figs. 5 and 6, item 7) disposed across said front surface forming a closed loop around the body of the child.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Darling and use the teaching of Gray and include a belt extending fully around the child carrying portion because such a change would add an additional reinforcement to the baby carrier thereby ensuring the baby carrier portions do not accidentally become separated from one another.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darling et al. (US 5,678,739 A)(Darling) in view of Koo (KR 102281303 B1) and Gray (WO 9216130 A1) as applied to claim 11 above, and further in view of Strub (WO 2009135731 A1).
Regarding claims 12-13, modified Darling does not specifically disclose said child portion having a pair of shoulder straps for extending around the shoulders of the adult for providing support to the child, wherein said pair of shoulder straps of said child portion extending from opposing edges of a top end of said front surface, around the shoulders of the adult, and back to said support belt.
Gray further demonstrates a pair of shoulder straps (20) for extending around the shoulders of the adult for providing support to the child, wherein said pair of shoulder straps of said child portion extending from opposing edges of a top end of a front surface (Fig. 5), around the shoulders of the adult, and back to said support belt (7).
To the degree that Darling and Gray each individually show a set of shoulder straps rather than a first and second pairs of shoulder straps extending around the adult’s shoulders, Strub demonstrates (Fig. 4) a similar carrier including a first pair of shoulder straps (25) that extend around the shoulders of an adult, and a second set of shoulder straps (32) that extend around the shoulders of the adult (Page 5 of the translation, final paragraph thereon).
It would have been obvious to one having ordinary skill in the art to take the modified device of Darling and use the teachings of Gray and Strub and include a pair of child support straps that extend from a top edge portions, around the shoulders of the adult, and back to the support belt because such a change would add additional support thereby ensuring a secure connection between the adult and the child portion.
Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darling et al. (US 5,678,739 A)(Darling) in view of Koo (KR 102281303 B1), Gray (WO 9216130 A1) and Strub (WO 2009135731 A1).
Regarding claim 14, Darling discloses child lap restraint device capable of being used on an airplane comprising: a harness restraint having an adult portion (Fig. 3) and a child portion (Figs. 6 and 7), wherein said adult portion for securing around an adult and said child portion for securing around a child sitting in a lap of the adult (Figs. 2A and 2C noting the child would be in the adults lap when the adult is sitting); wherein said adult portion and said child portion connected to each other with a first plurality of buckles (130/132/108) for enabling the child to be secured adjacent to the adult; wherein said adult portion having a belt segment for wearing around an abdomen of the adult (152/154/156); wherein said adult portion having a second plurality of buckles (166/168) disposed on an outer surface of said belt segment (Fig. 9C) compatible with an airplane seat belt for securing said harness restraint with the airplane seat, to the degree that the non-claimed airplane seat belt is properly configured with buckles capable of interacting with the buckles of the harness device, wherein said adult portion having a pair of cross-fastened shoulder straps extending from said belt segment for securing around the shoulders of the adult (Fig. 5).
To the degree that it can be argued that the buckles of Darlington are not capable with an airplane seat belt, Koo demonstrates a similar baby carrier for restraining a child on a wearer’s lap and further including a plurality of buckles (112/200/300) secured to a waist belt of an adult portion of the carrier compatible with attaching to a seat belt system (10/20).
It would have been obvious to one having ordinary skill in the art before the effective filling date to take the device of Darling and configure the second set of buckles or add an additional set of buckles, similar to those of Koo, compatible to secure to a seat belt because such a change would help ease the boarding of a vehicle by a parent carrying a baby and secure the baby and the parent to a vehicle seat without the need to remove the baby and place it in a car seat or some other separate securing device.
Modified Darling does not specifically disclose said child portion having a pair of shoulder straps for extending around the shoulders of the adult for providing support to the child.
Gray further demonstrates a pair of shoulder straps (20) for extending around the shoulders of the adult for providing support to the child, wherein said pair of shoulder straps of said child portion extending from opposing edges of a top end of a front surface (Fig. 5), around the shoulders of the adult, and back to said support belt (7).
To the degree that Darling and Gray each individually show a set of shoulder straps rather than a first and second pairs of shoulder straps extending around the adult’s shoulders, Strub demonstrates (Fig. 4) a similar carrier including a first pair of shoulder straps (25) that extend around the shoulders of an adult, and a second set of shoulder straps (32) that extend around the shoulders of the adult (Page 5 of the translation, final paragraph thereon).
It would have been obvious to one having ordinary skill in the art to take the modified device of Darling and use the teachings of Gray and Strub and include a pair of child support straps that extend from a top edge portions, around the shoulders of the adult, and back to the support belt because such a change would add additional support thereby ensuring a secure connection between the adult and the child portion.
Regarding claim 15, modified Darling discloses said belt segment forming a loop adjustable in length around the abdomen of the adult (Fig. 9C).
Regarding claims 16-17 modified Darling discloses said pair of cross-fastened shoulder straps having a first shoulder strap extending diagonally between a rear side of said belt segment (Fig. 5) and a front side of said belt segment (Fig. 9C), said pair of cross-fastened shoulder straps having a second shoulder strap extending diagonally between said rear side of said belt segment (Fig. 5) and said front side of said belt segment (Fig. 9C).
Regarding claim 18, modified Darling discloses said first shoulder strap and said second shoulder strap are diagonally opposed (Figs. 3 and 5).
Regarding claims 19-20, Darling discloses child lap restraint device capable of being used on an airplane comprising: a harness restraint having an adult portion (Fig. 3) and a child portion (Figs. 6 and 7), wherein said adult portion for securing around an adult and said child portion for securing around a child sitting in a lap of the adult (Figs. 2A and 2C noting the child would be in the adults lap when the adult is sitting); wherein said adult portion and said child portion connected to each other with a first plurality of buckles (130/132/108) for enabling the child to be secured adjacent to the adult; wherein said adult portion having a belt segment for wearing around an abdomen of the adult (152/154/156); wherein said adult portion having a second plurality of buckles (166/168) disposed on an outer surface of said belt segment (Fig. 9C) compatible with an airplane seat belt for securing said harness restraint with the airplane seat, to the degree that the non-claimed airplane seat belt is properly configured with buckles capable of interacting with the buckles of the harness device, wherein said adult portion having a pair of cross-fastened shoulder straps extending from said belt segment for securing around the shoulders of the adult (Fig. 5).
To the degree that it can be argued that the buckles of Darlington are not capable with an airplane seat belt, Koo demonstrates a similar baby carrier for restraining a child on a wearer’s lap and further including a plurality of buckles (112/200/300) secured to a waist belt of an adult portion of the carrier compatible with attaching to a seat belt system (10/20).
It would have been obvious to one having ordinary skill in the art before the effective filling date to take the device of Darling and configure the second set of buckles or add an additional set of buckles, similar to those of Koo, compatible to secure to a seat belt because such a change would help ease the boarding of a vehicle by a parent carrying a baby and secure the baby and the parent to a vehicle seat without the need to remove the baby and place it in a car seat or some other separate securing device.
Modified Darling does not specifically disclose said child portion having a support belt disposed across said front surface forming a closed loop around the body of the child.
Gray discloses a similar baby carrier including a baby holding portion having a support belt (Figs. 5 and 6, item 7) disposed across said front surface forming a closed loop around the body of the child.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Darling and use the teaching of Gray and include a belt extending fully around the child carrying portion because such a change would add an additional reinforcement to the baby carrier thereby ensuring the baby carrier portions do not accidentally become separated from one another.
Modified Darling does not specifically disclose said child portion having a pair of shoulder straps for extending around the shoulders of the adult for providing support to the child.
Gray further demonstrates a pair of shoulder straps (20) for extending around the shoulders of the adult for providing support to the child, wherein said pair of shoulder straps of said child portion extending from opposing edges of a top end of a front surface (Fig. 5), around the shoulders of the adult, and back to said support belt (7).
To the degree that Darling and Gray each individually show a set of shoulder straps rather than a first and second pairs of shoulder straps extending around the adult’s shoulders, Strub demonstrates (Fig. 4) a similar carrier including a first pair of shoulder straps (25) that extend around the shoulders of an adult, and a second set of shoulder straps (32) that extend around the shoulders of the adult (Page 5 of the translation, final paragraph thereon).
It would have been obvious to one having ordinary skill in the art to take the modified device of Darling and use the teachings of Gray and Strub and include a pair of child support straps that extend from a top edge portions, around the shoulders of the adult, and back to the support belt because such a change would add additional support thereby ensuring a secure connection between the adult and the child portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T THEIS whose telephone number is 571-270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734