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 .
Claims 1-20 are pending.
Claims 1-20 have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites “wherein the supporting frame is drive to be folded up when the sliding base slides upward along the supporting frame.” It is unclear how the sliding base may be considered to slide upward along the leg when being folded as the sliding base is being moved toward the ground/downward. Similarly, the dependent claims 8-9 discuss movement of the sliding base in the upward direction when folding or being blocked from folding.
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, 7-9, 12, 13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horst et al. (US 2015/0313375) (“Horst”). Horst discloses a child carrier comprising: a supporting frame (fig. 1: 102); a sliding base (fig. 1: 130) disposed on the supporting frame and slidable in a substantially longitudinal direction of the supporting frame; and a seat foldably assembled with the sliding base, the seat comprising a seat portion (fig. 5: 126), a handrail base (fig. 5: 138) and a link member (fig. 5: 132, 134), and the link member, the seat portion, the handrail base and the sliding base cooperatively forming a four bar linkage mechanism for performing a folding motion relative to the sliding base (these elements are pivotally connected and allow for folding the seat and handrail relative to the sliding base).
As concerns claim 7, as best understood, Horst discloses wherein the supporting frame is driven to be folded up when the sliding base slides along the supporting frame (fig. 2).
As concerns claim 8, Horst discloses wherein the child carrier further comprises a blocking member (fig. 9: 155), the blocking member is movably assembled with the sliding base to be movable at least between a blocking position and a releasing position, the sliding base is blocked in an upward direction when the blocking member is located at the blocking position, and the sliding base is able to slide upward when the blocking member is located at the releasing position.
As concerns claim 9, Horst discloses wherein the blocking member is coupled to the supporting frame and an upper end of the sliding base to prevent the sliding base from sliding upward in the blocking position, and the blocking member is decoupled from the supporting frame and the sliding base to release the sliding base to be slidable upward in the releasing position (fig. 9: 155 is a block/locking release mechanism that unlocks the slide base to move when released).
As concerns claim 12, Horst discloses wherein the blocking member is pivoted to the sliding base (fig. 9: at pivot P4) or the blocking member is slidably disposed on the sliding base.
As concerns claim 13, Horst discloses wherein the blocking member rotates leftward and rightward relative to the sliding base when the blocking member is switched between the blocking position and the releasing position (as shown in fig. 9).
As concerns claim 15, Horst discloses wherein the supporting frame comprises: a foldable joint (fig. 3: 112) disposed on the supporting frame; and a locking mechanism disposed on the foldable joint for selectively locking the foldable joint.
As concerns claim 16, Horst discloses wherein the supporting frame comprises a first standing frame (fig. 3: 106A) and a second standing frame (fig. 3: 108A), the foldable joint comprises a first fixed portion (fig. 3: 114) and a second fixed portion (fig. 3: 116), the locking mechanism comprises a locking member (fig. 4: 118) and a releasing member (fig. 4: 174), the second fixed portion is connected to the first fixed portion of the first standing frame on the foldable joint via a pivot shaft (fig. 4: P1), the locking member is movably disposed between the first fixed portion and the second fixed portion to lock the supporting frame in a using position, and the releasing member is operable to move relative to the locking member and release the locking member from at least one of the first fixed portion and the second fixed portion.
As concerns claim 17, Horst discloses wherein the child carrier further comprises: an unlocking driving member (fig. 16: 172) disposed on the sliding base; wherein the unlocking driving member drives the locking mechanism to perform a release motion when the sliding base slides upward along the supporting frame (paragraph 0057).
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) 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horst. Horst teaches wherein an elastic structure (fig. 9: 156) extends from the sliding base, the blocking member (fig. 9: 155) is formed on a free end of the elastic sheet structure, and the blocking member is switchable between the blocking position and the releasing position via elastic deformation of the elastic sheet structure. Horst does not expressly teach wherein the elastic structure is a sheet. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to replace the elastic spring of Horst with an elastic sheet, as a simple substitution of known equivalent parts, in order to provide the desired elasticity or strength of compression.
As concerns claim 17, Horst teaches wherein the unlocking driving member is a release actuator tab which may be contacted to slide and pull wire 174 (paragraph 0057), but does not expressly teach wherein the unlocking driving member is a rib, a rod, a block, or a sheet. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to use a known rib, rod or block shape for the release actuator in order to provide the desired catching function for 124 when it is slid down or the desired strength of the actuator.
Allowable Subject Matter
Claims 2-6, 10, 14, 19 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art reference of Horst teaches wherein the seat portion is pivoted to the sliding base at a first pivot point, the handrail base is pivoted to the sliding base at a second pivot point located above the first pivot point, and the link member is pivoted to the handrail base at a third pivot point located in front of the second pivot point, but fails to teach wherein the link member is pivoted to the seat at a fourth pivot point located under the third point.
Horst additionally fails to teach wherein an engaging slot is formed on one of the seat portion and the sliding base, an engaging rail is formed on the other of the seat portion and the sliding base corresponding to the engaging slot, the engaging rail is disengaged from the engaging slot after the seat is folded up, and the engaging rail is engaged with the engaging slot after the seat is unfolded;
wherein the seat is movable at least between a folding position and an unfolding position relative to the sliding base, the seat drives the blocking member from the releasing position to the blocking position when the seat is located at the unfolding position, and the seat is separate from the blocking member to make the blocking member switchable to the releasing position when the seat is switched to the folding position.
wherein the child carrier further comprises a returning member having a tendency to drive the blocking member from the blocking position to the releasing position, and the returning member drives the blocking member to the releasing position when the seat is switched to the folding position; or
wherein the first fixed portion has a first rib formed thereon, the second fixed portion has a second rib formed thereon, and the first rib abuts against the second rib when first fixed portion and the second fixed portion are folded up to a predetermined position.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636