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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 11,882,943. Although the claims at issue are not identical, they are not patentably distinct from each other because the both claim an adjustable child carrier with sliders.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,089,753. Although the claims at issue are not identical, they are not patentably distinct from each other because the both claim an adjustable child carrier with sliders.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,805,921. Although the claims at issue are not identical, they are not patentably distinct from each other because the both claim an adjustable child carrier with sliders.
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) 1-4 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Andrus et al. (US 2018/0206653) in view of Cai (CN 210138005).
Regarding claim 1, Andrus discloses an adjustable child carrier comprising: a main body (110) configured to form a child carrying area in cooperation with a torso of a wearer, one or more thigh supports (140a, 140b); a seat portion (125), wherein the one or more thigh supports cooperate with the seat portion to form a bucket seat; a plurality of adjustment points (at 152a, 152b) defined by the adjustable child carrier; one or more base adjusters (230) attached to the one or more thigh supports; wherein the one or more base adjusters are configured to selectively couple each of the one or more thigh supports to one of the plurality of adjustment points to thereby adjust a depth and a width of the bucket seat, wherein adjusting the depth and the width of the bucket seat configures the child carrying area to maintain a child in an ergonomic spread squat position. See Figs. 4A-6C. Andrus does not disclose sliders as claimed.
Cai, which is drawn to a child carrier, discloses one or more sliders (Fig. 3) coupled to upper end portions of one or more supports (Fig. 1), wherein each of the one or more sliders comprises a pin (18); and one or more slider guide members (13), wherein each of the one or more slider guide members comprises one or more openings (16) and a rail (15), wherein the one or more sliders slide along the rails of the one or more slider guide members such that each pin of the one or more sliders is received in one of the one or more openings to thereby couple the one or more sliders to the one or more slider guide members and secure the one or more supports to the adjustable child carrier. See Figs. 1-7. Thus, it 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 to use sliders, as disclosed by Cai, on the thigh supports of Andrus in order to more easily adjust the thigh supports by sliding them to accommodate various sized children.
Regarding claim 2, the plurality of adjustment points comprises a first adjustment point, a second adjustment point, and a third adjustment point; wherein selectively coupling each of the one or more thigh supports to the first adjustment point via the one or more base adjusters adjusts the depth of the bucket seat to a first depth and the width of the bucket seat to a first width, wherein selectively coupling each of the one or more thigh supports to the second adjustment point via the one or more base adjusters adjusts the depth of the bucket seat to a second depth and the width of the bucket seat to a second width, the second depth being less than the first depth, wherein selectively coupling each of the one or more thigh supports to the third adjustment point via the one or more base adjusters adjusts the depth of the bucket seat to a third depth and the width of the bucket seat to a third width, the third depth being less than the second depth. See Figs. 4A-6C.
Regarding claim 3, Andrus sufficiently discloses the claimed invention except for the height range. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the infant configuration being adapted to carry the child when the child has a height within a range of 20-24 inches, and wherein adjusting the depth of the bucket seat to the third depth and the width of the bucket seat to the third width configures the adjustable child carrier to a toddler configuration, the toddler configuration being adapted to carry the child when the child has a height of at least 28 inches, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Regarding claim 4, Andrus sufficiently discloses the claimed invention except for the position range. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the child carrying area be configured to maintain the child in the ergonomic spread squat position, and a hip joint of the child be at least 90 degrees from a coronal plane defined by the wearer and knees of the child are spread at least 20 degrees from a median plane, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Regarding claim 8, as modified above, the width of the bucket seat is a base width, wherein sliding the one or more sliders along the rails of the one or more slider guide members such that each of the pins of the one or more sliders is received in the one of the one or more openings (16) adjusts a mid-section width of the bucket seat. See Cai, Figs. 1-7.
Regarding claim 9, as modified above, the one or more openings (16) of each of the one or more slider guide members comprise a first opening and a second opening, wherein sliding the one or more sliders along the rails such that each of the pins is received in the first openings adjusts the mid-section width to a first mid-section width, and wherein sliding the one or more sliders along the rails such that each of the pins is received in the second openings adjusts the mid-section width to a second mid-section width, the second mid-section width being greater than the first mid-section width. See Cai, Figs. 8-9.
Regarding claim 10, Andrus, discloses an adjustable child carrier comprising: a main body (110) configured to form a child carrying area in cooperation with a torso of a wearer, wherein the main body comprises one or more thigh supports (140a, 140b), the one or more thigh supports cooperating with a seat portion (125) to form a bucket seat; a plurality of adjustment points (230) defined by the adjustable child carrier; one or more base adjusters (150a, 150b) configured to adjust a depth of the bucket seat, wherein the one or more base adjusters are configured to be selectively positioned to one of the plurality of adjustment points to thereby adjust the depth of the bucket seat and a base width of the bucket seat, wherein adjusting the depth and the base width of the bucket seat configures the child carrying area to maintain a child in an ergonomic spread squat position. See Figs. 4A-6C. Andrus does not disclose sliders as claimed.
Cai, which is drawn to a child carrier, discloses one or more sliders (Fig. 3) coupled to a main body and configured to couple to one or more slider guide members (13), wherein each of the one or more slider guide members defines a first opening (16) and a second opening (other 16), wherein each of the one or more sliders comprises a pin (18), wherein the first opening and the second opening of each of the one or more slider guide members is configured to receive the pin of one of the one or more sliders, wherein sliding the one or more sliders along the one or more slider guide members moves each pin of the one or more sliders among the first opening and the second opening of one of the one or more slider guide members to adjust a mid-section width of the carrier. See Figs. 1-7. Thus, it 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 to use sliders and slider guide members, as disclosed by Cai, on the body of Andrus in order to more easily adjust the body by sliding them to accommodate various sized children.
Regarding claim 11, the plurality of adjustment points comprises a first adjustment point, a second adjustment point, and a third adjustment point; wherein selectively positioning the one or more base adjusters at the first adjustment point adjusts the depth of the bucket seat to a first depth, selectively positioning the one or more base adjusters at the second adjustment point adjusts the depth of the bucket seat to a second depth, and selectively positioning the one or more base adjusters at the third adjustment point adjusts the depth of the bucket seat to a third depth. See Fig. 5.
Regarding claim 12, the first depth is greater than the second depth and the third depth, wherein selectively positioning the one or more base adjusters at the first adjustment point adjusts the base width to a first base width, selectively positioning the one or more base adjusters at the second adjustment point adjusts the base width to a second base width, and selectively positioning the one or more base adjusters at the third adjustment point adjusts the base width to a third base width, and wherein the first base width is less than the second base width and the third base width. See Figs. 4A-6C.
Regarding claim 13, as modified above, moving each pin of the one or more sliders to the first opening of the one or more slider guide members adjusts the mid-section width to a first mid-section width, wherein moving each pin of the one or more sliders to the second opening of the one or more slider guide members adjusts the mid-section width to a second mid-section width greater than the first mid-section width.
Regarding claim 14, the adjustable child carrier is capable of being configured to carry the child in an outward facing position when the mid-section width is adjusted to the first mid-section width, wherein the outward facing position is defined as the child facing away from the wearer. See Figs. 4A-6C.
Regarding claim 15, the adjustable child carrier is capable of being configured to carry the child in an inward facing position when the mid-section width is adjusted to the second mid-section width, wherein the inward facing position is defined as the child facing toward the wearer. See Figs. 4A-6C.
Regarding claim 16, Andrus discloses an adjustable child carrier comprising: a main body (110) configured to form a child carrying area in cooperation with a torso of a wearer, wherein the main body comprises one or more thigh supports (140a, 140b), the one or more thigh supports cooperating with a seat portion (125) to form a bucket seat, wherein each of the one or more thigh supports comprises a base adjuster (150a, 150b); a waist belt (200) adapted for securing about hips of the wearer, wherein the waist belt contains a plurality of attachment points (230); wherein selectively attaching the base adjuster of each of the one or more thigh supports to one of the plurality of attachment points adjusts a depth and a width of the bucket seat, wherein adjusting the depth and the width of the bucket seat configures the child carrying area to maintain a child in an ergonomic spread squat position See Figs. 4A-6C. Andrus does not disclose sliders as claimed.
Cai, which is drawn to a child carrier, discloses one or more sliders (Fig. 3) coupled to the one or more supports, wherein each of the one or more sliders comprises a pin (18); and one or more slider guide members (13) coupled to an upper torso support of a main body (Fig. 1), wherein each of the one or more slide guide members comprises one or more openings, wherein sliding the one or more sliders along the one or more slider guide members causes one of the one or more openings (16) of the one or more slider guide members to receive the pin of the one or more sliders to thereby secure the one or more thigh supports to the adjustable child carrier. See Figs. 1-5. Thus, it 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 to use sliders and slider guide members, as disclosed by Cai, on the body of Andrus in order to more easily adjust the different elements by sliding them to accommodate various sized users.
Regarding claim 17, the plurality of attachment points comprises a first attachment point, a second attachment point, and a third attachment point, wherein selectively coupling the base adjuster of each of the one or more thigh supports to the first attachment point adjusts the depth of the bucket seat to a first depth and the width of the bucket seat to a first width, and wherein selectively coupling the base adjuster of each of the one or more thigh supports to the second attachment point adjusts the depth of the bucket seat to a second depth and the width of the bucket seat to a second width, the second depth being less than the first depth, wherein selectively coupling the base adjuster of each of the one or more thigh supports to the third attachment point adjusts the depth of the bucket seat to a third depth and the width of the bucket seat to a third width, the third depth being less than the second depth. See, Figs. 1-5.
Regarding claim 18, the second width is greater than the first width and the third width is greater than the second width. See, Figs. 1-5.
Regarding claim 19, Andrus sufficiently discloses the claimed invention except for the height range. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the infant configuration being adapted to carry the child when the child has a height within a range of 20-24 inches, and wherein adjusting the depth of the bucket seat to the third depth and the width of the bucket seat to the third width configures the adjustable child carrier to a toddler configuration, the toddler configuration being adapted to carry the child when the child has a height of at least 28 inches, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Regarding claim 20, Andrus sufficiently discloses the claimed invention except for the position range. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the child carrying area be configured to maintain the child in the ergonomic spread squat position, and a hip joint of the child be at least 90 degrees from a coronal plane defined by the wearer and knees of the child are spread at least 20 degrees from a median plane, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Claim(s) 5 are rejected under 35 U.S.C. 103 as being unpatentable over Andrus and Cai as applied above in further view of Salazar (US 2016/0150893).
Regarding claim 5, Andrus does not disclose a neck support as claimed. Salazar, which is drawn to a child carrier, discloses a neck support (36), wherein the neck support is folded down away from the wearer to adjust the neck support to a down orientation, wherein the neck support is extended upward to adjust the neck support to an extended orientation. See Figs. 6-10. Thus, it 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 to use a neck support as disclosed by Salazar on the carrier of Andrus in order to better support and protect a child therein.
Regarding claim 6, as modified above, the neck support can be adjusted to a down orientation when the adjustable child carrier is in an outward facing orientation, wherein the neck support is adjusted to an extended orientation when the adjustable child carrier is in an inward facing orientation.
Regarding claim 7, wherein selectively coupling each of the one or more thigh supports to the first adjustment point via the one or more base adjusters is capable of configuring the adjustable child carrier in the outward facing orientation, the outward facing orientation being defined as the child facing away from the wearer, wherein selectively coupling each of the one or more thigh supports to the third adjustment point via the one or more base adjusters is capable of configuring the adjustable child carrier in the inward facing orientation, the inward facing orientation being defined as the child facing toward the wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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