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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-3,6,8,10,14 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-17 of U.S. Patent No. 12,075,923. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim a child seat having a seat portion fixedly connected with a first coupling part, a backrest frame fixedly connected with a second coupling part, a connector and a locking mechanism including a latching device that includes a stem portion.
Claim 1-4,6,8,14 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4-8, 10-12 of U.S. Patent No. 10,945,534. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim a child seat having a seat portion fixedly connected with a first coupling part, a backrest frame fixedly connected with a second coupling part, a connector and a locking mechanism including a latching device that includes a stem portion.
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) 1-4, 8 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Su (EP 2832625A2). Su shows the use of a child seat comprising: a seat portion fixedly connected with a first coupling part (43); a connector (41) pivotally connected with the first coupling part of the seat portion, the connector being operable to detachably engage with a corresponding structure (52,53) provided on a child supporting apparatus (10); a locking mechanism (61,62) operable to lock and unlock the connector with respect to the seat portion; and a backrest frame (31) fixedly connected with a second coupling part (42) and operatively connected with the locking mechanism, the second coupling part being pivotally connected with the first coupling part, wherein the backrest frame is rotatable in a folding direction to cause the locking mechanism to unlock the connector with respect to the scat portion and in an unfolding direction to cause the locking mechanism to lock the connector with respect to the seat portion. The locking mechanism includes a latching device (61,62,64) that is slidably connected to the first coupler part and movable to engage and disengage from a housing of the connector (as shown in Fig. 4). The latching device includes a stem portion (62) that has a locking portion (61) protruding from a side of the stem portion for engaging with the connector in regards to claim 8. Regarding claims 2-3, the latching device is configured to switch between the locking position and the unlocking position in response to a rotation of the backrest frame (during reposition of the backrest frame which inherently may be a folded and unfolded position) relative to the seat portion and the connector (see para[0022]). Regarding claim 4, the backrest frame is rotatable relative to the seat portion and the stem portion is slidable relative to the first coupling part along an axis orthogonal to the pivot axis (Fig. 5). Regarding claim 14, the stem portion is movably coupled to the second coupling part (as shown in Fig. 5).
Allowable Subject Matter
Claims 5-7, 9, 11-13 and 15-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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February 21, 2026