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)(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) 1, 3, 5, 6, 9, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rasmussen (US 11,850,207 B1).
With respect to claims 1 and 5, Rasmussen discloses a walker/rollator including a frame defined by left and right portions 80, 90, handles 42, 52, connecting bar 140, seat 150, and strap 210 with end portions connecting to said connecting bar, allowing a user to lift the walker at a center portion of the strap, as shown in figure 7.
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With respect to claims 3, 11, and 12, said strap 210 is adjustable by mechanisms 220, 240, allowing a user to adjust a length according to their height, as shown in figure 9.
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With respect to method claim 9, the method steps recited in this claim are inherently performed in the operation of the walker with carry strap of Rasmussen described above in the rejection of claim 1.
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) 2, 4, 7, 8, 10, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Rasmussen, as applied to claims 1 and 9 above, and further in view of Godshaw et al. (US 5,893,495 A).
Claims 2, 4, 7, 8, 10, and 13 appear to recite conventional features of carry straps, specifically, padding 14, elastic portions 26, hook/loop fasteners 20, and spring clips 15. These features are all considered conventional in the art and Godshaw et al. discloses carry straps with padding 14, elastic portions 26, hook/loop fasteners 20, and spring clips 15, as shown in figure 3. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the strap padding, elastic portions, hook/loop fasteners, and spring clips of Godshaw et al. to the strap of Rasmussen et al. in order to add comfort and quick release elements to the strap, as is considered well-known in the art of straps.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY J RESTIFO whose telephone number is (571)272-6697. The examiner can normally be reached Monday-Friday 11am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEFFREY J. RESTIFO
Primary Examiner
Art Unit 3613
/JEFFREY J RESTIFO/ Primary Examiner, Art Unit 3613
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