DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “at least two supporting members are arranged in a cross manner in pairs” and “a portion of the at least two supporting members are arranged in parallel with each other, another portion of the at least two supporting members are arranged in a cross manner, and each of two ends of each of the supporting members is engaged with a respective one of the at least one connecting members” (both claim 17) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of implying phrases (e.g. "The present disclosure relates..."), and speculative applications (e.g. "to support a mattress"). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim12 is objected to because of the following informalities: "and/or" should probably read as "or" as otherwise a 112b Rejection would be necessitated due to indefinite language otherwise concerning necessitating both (and) or one or the other (or). Appropriate correction is required.
Claim Interpretation
Due to what otherwise would incite Drawing Objections for reasons of features not shown and possibly 112b issues of scope confusion, instances of “One of x and y” are construed as “x or y”. such as claim 3’s “one of each connecting member and each supporting member” and thereafter “and another of the connecting member and the supporting member” would otherwise make it unclear if the supporting mechanism is in an effective count of one or two, (in other words, there is an effective first connecting member and supporting member (the ‘one of… and…’), and thereafter a second connecting member and supporting member (the ‘another of… and…’), or merely that one of the connecting members or the supporting members has the accommodation, and the other of the two is inserted (for example in claim 3). This consideration appears to be conducive with the drawings and the specification such as in [0010-0013], [0017], among others.
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.
(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, 3-13, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Chen (U.S. Pat. No. 20150001455).
Regarding claim 1, Chen discloses (FIGS. 1-12) a supporting mechanism, configured to be mounted on a hammock (as illustrated in FIG. 1; as clarified in [0004]: “A playard is a kind of beds for the infant, and a playard frame is assembled with a plurality of handrails and a plurality of columns to form a containing space, so as to allow the infant to play or sleep in the playard. Therefore, the playard becomes more popular for parents and infants.”), comprising: at least one connecting member (12; FIGS. 1-5) configured to be connected to the hammock (as conveyed through FIG. 1 with connection to a playard expressed in [0004]); and at least one supporting member (correspondent 11) engaged with the at least one connecting member to support a mattress (as conveyed in FIGS. 1-5 and as set forth in [0004]).
Regarding claim 3, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 1, wherein one of each connecting member and each supporting member has an accommodation cavity (As illustrated in FIG. 3/4; particularly with elements correspondent 423/422/422a/421/ and 41), and another of the connecting member and the supporting member is inserted into the accommodation cavity to allow the connecting member to be engaged with the supporting member (as illustrated between FIGS. 1-5).
Regarding claim 4, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 3, wherein the other of the connecting member and the supporting member has an insertion end (insertion end correspondent at least 41; FIG. 3 or 422; FIG. 4) configured to be inserted into the accommodation cavity (as illustrated between FIGS. 1-5); and one of a peripheral wall of the accommodation cavity and an outer peripheral wall of the insertion end is provided with an elastic arm correspondent 422/422a or 423a; FIG. 4), and another of the peripheral wall of the accommodation cavity and the outer peripheral wall of the insertion end is provided with an engaging hole (31; FIG. 5); and wherein the elastic arm is provided with a limiting structure configured to be engaged with the engaging hole (as illustrated between FIGS. 1-5).
Regarding claim 5, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 3, wherein the other of the connecting member and the supporting member has an insertion end (either 41; FIG. 3, or 422/422a; FIG. 4), and wherein the insertion end is configured to be inserted into the accommodation cavity and not rotatable relative to the accommodation cavity.
Regarding claim 6, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 5, wherein a peripheral wall of the accommodation cavity and an outer peripheral wall of the insertion end are respectively provided with anti-rotation surfaces (as illustrated between FIGS. 1-5) that cooperate with each other (as illustrated between FIGS. 1-5).
Regarding claim 7, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 3, wherein the other of the connecting member and the supporting member has an insertion end (either 41; FIG. 3, or 422/422a; FIG. 4), and a guide structure the sliding guide surfaces of 421; FIG. 4 or the vertical planar surfaces of 41; FIG. 3) is arranged between a peripheral wall of the accommodation cavity and an outer peripheral wall of the insertion end (as illustrated between FIGS. 1-5); the guide structure is configured to guide the insertion end to be inserted into the accommodation cavity (as illustrated between FIGS. 1-5).
Regarding claim 8, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 7, wherein the guide structure comprises a guide rib (the protruding rib of 41; FIG. 3 or the guiding rib of 421; FIG. 3/4 as illustrated between FIGS. 1-5) and a guide groove in sliding fit (as illustrated between FIGS. 1-5), and wherein one of the guide rib and the guide groove is arranged on the peripheral wall of the accommodation cavity (as illustrated between FIGS. 1-5), and another of the guide rib and the guide groove is arranged on the outer peripheral wall of the insertion end (as illustrated between FIGS. 1-5).
Regarding claim 9, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 3, wherein the connecting member comprises the accommodation cavity, (as illustrated between FIGS. 1-5) and the accommodation cavity comprises an insertion opening ( the open outer insertion port of 421; as illustrated between FIGS. 1-5) and a bottom wall (correspondent either the interior wall of 42, or the surfaces of 423; FIG. 4) that are opposite to each other (as illustrated between FIGS. 1-5); and wherein the supporting member is a tube member (as illustrated between FIGS. 1-5, 11 appears to be a tube), and an end portion of the tube member forms an insertion end (as illustrated between FIGS. 1-5), and wherein the insertion end is inserted into the accommodation cavity via the insertion opening (as illustrated between FIGS. 1-5); wherein the bottom wall of the accommodation cavity is provided with at least one positioning rib (protruding rib along 421; FIG. 3/4) protruding towards the insertion opening (as illustrated between FIGS. 1-5) and extending in a direction perpendicular to a direction in which the tube member is inserted (as illustrated between FIGS. 1-5); and the insertion end is provided with at least one positioning notch engaged with the at least one positioning rib (as illustrated with engagement therebetween as illustrated between FIGS. 1-5).
Regarding claim 10, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 3, wherein the other of the connecting member and the supporting member has an insertion end configured to be inserted into the accommodation cavity (as illustrated between FIGS. 1-5); a peripheral wall of the accommodation cavity comprises a first arc-shaped wall (as illustrated between FIGS. 1-5) and a first anti-rotation surface located at an opening of the first arc-shaped wall (as eminently illustrated between FIGS. 1-5); and wherein the first anti-rotation surface is provided with a guide rib (as illustrated along 421; FIGS. 3 and 4), and the first arc-shaped wall is provided with an elastic arm or an engaging hole at a portion facing the first anti-rotation surface (correspondent the elements 422/422a or 31; as illustrated between FIGS. 1-5); and an outer peripheral wall of the insertion end comprises a second arc-shaped wall (as illustrated between FIGS. 1-5) and a second anti-rotation surface ( the locking geometries as illustrated between FIGS. 1-5) located at an opening of the second arc-shaped wall (as illustrated between FIGS. 1-5); and wherein the second anti-rotation surface is provided with a guide groove (as illustrated between FIGS. 1-5), and the second arc-shaped wall is provided with an engaging hole or an elastic arm at a portion facing the second anti-rotation surface (as illustrated between FIGS. 1-5); the first anti-rotation surface is in contact with the second anti-rotation surface (as illustrated between FIGS. 1-5), and the elastic arm has a limiting structure (422a; FIG. 3/4) configured to be engaged with the engaging hole (as illustrated between FIGS. 1-5).
Regarding claim 11, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 10, wherein the connecting member comprises the accommodation cavity, and the accommodation cavity comprises an insertion opening and a bottom wall that are opposite to each other; and the supporting member is a tube member, and an end portion of the tube member forms an insertion end configured to be inserted into the accommodation cavity via the insertion opening; wherein a bottom wall of the accommodation cavity is provided with at least one positioning rib, and the insertion end is provided with at least one positioning notch engaged with the at least one positioning rib.
Regarding claim 12, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 11, wherein the at least one positioning notch is located at an edge of the second anti-rotation surface ; and/or a partial region of the second anti-rotation surface is recessed towards interior of the tube member to form the guide groove (particularly as eminently illustrated between FIGS. 1-5).
Regarding claim 13, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 4, wherein the connecting member comprises the accommodation cavity (as illustrated between FIGS. 1-5), the supporting member comprises the insertion end (as illustrated between FIGS. 1-5), the peripheral wall of the accommodation cavity is provided with the elastic arm ( correspondent 422/422a or 423; as illustrated between FIGS. 1-5), and the limiting structure protrudes from the elastic arm towards interior of the accommodation cavity (as illustrated between FIGS. 1-5); and the peripheral wall of the accommodation cavity is provided with an unlocking operation opening (correspondent the accommodation structure about 31/121; as illustrated between FIGS. 1-5), and the elastic arm is located in the unlocking operation opening (as eminently illustrated in FIG. 5).
Regarding claim 16, Chen discloses (FIGS. 1-13) the supporting mechanism according to claim 1, wherein each supporting member comprises at least two tube bodies connected in sequence (111; as illustrated in FIG. 1-3), and wherein one of two adjacent tube bodies comprises a first abutting end (as illustrated between FIGS. 1-5), another of two adjacent tube bodies comprises a second abutting end (as illustrated between FIGS. 1-5), and wherein the second abutting end is detachably inserted into the first abutting end by a predetermined length (As illustrated eminently in FIG. 13).
Regarding claim 17, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 1, wherein the supporting mechanism comprises at least two supporting members (as illustrated between FIGS. 1-5); wherein the at least two supporting members are arranged in parallel with each other (as illustrated between FIGS. 1-5, with parallel members 111 on either side), and each of two ends of each of the supporting members is engaged with a respective one of the at least one connecting member (as illustrated between FIGS. 1-5); or the at least two supporting members are arranged in a cross manner in pairs (correspondent 22; FIG. 1 and 10), and each of two ends of each of the supporting members is engaged with a respective one of the at least one connecting member (as illustrated between FIGS. 1-5); or a portion of the at least two supporting members are arranged in parallel with each other (top elements 111; as illustrated between FIGS. 1-5), another portion of the at least two supporting members are arranged in a cross manner (bottom elements 22; as illustrated between FIGS. 1-5), and each of two ends of each of the supporting members is engaged with a respective one of the at least one connecting members (as illustrated between FIGS. 1-5).
Regarding claim 18, Chen discloses (FIGS. 1-12) the supporting mechanism according to claim 1, wherein the hammock comprises: a hammock bottom sheet in a shape of a quadrilateral (as conveyed in FIGS. 1 and 10 and as conveyed through [0004]; and hammock peripheral sheets extending upwards from perimeter edges of the hammock bottom sheet (“containing space”; [0004]); wherein the supporting mechanism comprises four connecting members (3 or 111 sets, FIGS. 1-5) adjacent to four corners of the quadrilateral (as illustrated between FIGS. 1-5).
Regarding claim 19, Chen discloses (FIGS. 1-12) a hammock (As expressed in [0004], comprising the supporting mechanism according to claim 1 (as illustrated between FIGS. 1-5 and conveyed in [0004]).
Regarding claim 20, Chen discloses (FIGS. 1-13) a child carrier, comprising: a supporting frame (correspondent frames 3 or 22 or 22/2; as illustrated between FIGS. 1-13); and the hammock according to claim 19, wherein the hammock is supported by the supporting frame (as conveyed through FIGS. 1-5 and as conveyed through [0004]).
Claim(s) 1-3, and 14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Wang et al. (U.S. Pub. No. 20140165288); hereafter "Wang".
Regarding claim 1, Wang discloses (FIGS. 1-11) a supporting mechanism (FIGS. 1-11), configured to be mounted on a hammock (as illustrated in FIGS. 1 and 2), comprising: at least one connecting member (101; FIG. 1) configured to be connected to the hammock (as illustrated as connected to the hammock 11); and at least one supporting member (13) engaged with the at least one connecting member to support a mattress (as illustrated in FIG. 1 with element 3).
Regarding claim 2, Wang discloses (FIGS. 1-11) the supporting mechanism according to claim 1, wherein each supporting member is a tube member (As illustrated in FIG. 1 and 2), and each of two ends of the tube member is engaged with a respective one of the at least one connecting member (as illustrated in FIG. 1 and 2), or wherein one of each connecting member and each supporting member comprises an engaging hole (As illustrated in FIG. 1 and 7, with either the whole opening of FIG. 1/2 or correspondent the fixing components 15 in FIG. 7), and another of the connecting member and the supporting member comprises a limiting structure (element 15 itself concerning the fastener, per [0037]) engaged with the engaging hole (per [0037]).
Regarding claim 3, Wang discloses (FIGS. 1-11) the supporting mechanism according to claim 1, wherein one of each connecting member and each supporting member has an accommodation cavity (the interior/port of 101; FIGS. 1, 2, and 7), and another of the connecting member and the supporting member is inserted into the accommodation cavity to allow the connecting member to be engaged with the supporting member (As illustrated in FIGS. 1, 2, and 7).
Regarding claim 14, Wang discloses (FIGS. 1-11) the supporting mechanism according to claim 3, wherein the connecting member comprises a mounting plate (lower plane of 101; FIGS. 1, 2, and 7) and a sleeve portion protruding from the mounting plate (upper portion forming sleeve thereof with bottom plane of 101; FIGS. 1, 2, and 7), and wherein the mounting plate is configured to be connected to the hammock (As illustrated between FIGS. 1, 2 and 7), and the sleeve portion comprises the accommodation cavity (as illustrated between FIGS. 1, 2, and 7 with the interior cavity therein that the supporting member connects therein).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Chen (Chinese Pub. No. 201110320944); hereafter "Chen Secondary".
Regarding claim 15, Wang discloses (FIGS. 1-11) the supporting mechanism according to claim 1.
However, Wang does not explicitly disclose wherein each connecting member comprises a connecting strap, a first end of the connecting strap is configured to be connected to the hammock, and a second end of the connecting strap is provided with a limiting structure; and each supporting member is a tube member, an inner cavity of the tube member forms an accommodation cavity, and a wall of the tube member is provided with an engaging hole in communication with the accommodation cavity; wherein the second end of the connecting strap and the limiting structure is inserted into the accommodation cavity via the engaging hole, and the limiting structure is engaged with the engaging hole.
Regardless, Chen Secondary teaches (FIGS. 1) an infant receptacle and support system, wherein each connecting member comprises a connecting strap (105), a first end of the connecting strap is configured to be connected to the hammock [abstract] (102), and a second end of the connecting strap is provided with a limiting structure (104/106); and each supporting member is a tube member (101), an inner cavity (103) of the tube member forms an accommodation cavity (as illustrated in FIG. 1), and a wall of the tube member is provided with an engaging hole (107) in communication with the accommodation cavity (As illustrated in FIG. 1); wherein the second end of the connecting strap and the limiting structure is inserted into the accommodation cavity via the engaging hole (as illustrated in FIG. 1), and the limiting structure is engaged with the engaging hole (as illustrated in FIG. 1).
It would have been obvious to one of ordinary skill in the art to have incorporated the connecting straps of Chen Secondary (FIGS. 1) into the assemblage of Wang (FIGS. 1-2). Where the results would have been predictable as both Wang and Chen Secondary are both concerning infant resting articles. Where Chen acknowledges “and through groove of the clamping strap connected to rack, realizing easy assembly, compared with the existing technology, realizing easy assembly, it saves a lot of locating rod, are contributing in material cost and assembly cost” [0017], and therefore Wang would be more easily assembled as Chen Secondary acknowledges.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the Notice of References Cited (PTO-892) were considered pertinent because they address the state of the art of linkages and couplers, alongside configurations thereof in bedding.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
Prosecution Insights