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
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 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) 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Chaudeurge (US Pat. No. 10,683,025).
Regarding claim 20, Chaudeurge discloses A device configured to be removably attached to a stroller to serve as a stroller board (Abst, fig 1), the device comprising: a platform (24) having an underside portion, an upper surface, a first platform end and a second platform end (fig 4), and a symmetry axis oriented horizontally, the first and second platform ends being spaced along the symmetry axis (fig 4); the platform being shaped to accommodate both feet of a child user thereon (at least figs 1, 4; col 1, lines 8-20); a seat unit (25) removably connected to the platform and protruding upwardly from the platform (fig 4; col 6, lines 19-20); a bar (26) attached at least indirectly to the underside portion of the platform and extending along at least a majority of the platform length along the symmetry axis, the bar having a first bar end and a second bar end (at least fig 4); a connector (generally at 30, fig 4) for removably connecting the device to the stroller, the connector associated with the first bar end, the connector configured to protrude, in at least a first state of the connector, outwardly from the first platform end at least as seen in a plan view of the device (at least fig 4 inasmuch as is the case in the instant application [see para 130 of instant app for discussion of “protrude outwardly from”]); and a wheel at least indirectly connected to the platform adjacent the second end of the platform (at least 22, fig 4).
Allowable Subject Matter
Claims 1-19 are allowed.
Claims 21-23 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 an examiner’s statement of reasons for indication of allowable subject matter and allowance: the prior art when taken alone or in combination does not appear to teach or fairly suggest at this time A device configurable between a first mode in which the device can be connected to a stroller as a stroller board, and a second mode in which the device can be used as an independent ride-on toy, the device comprising: a platform having an underside portion, an upper surface, a first platform end and a second platform end, and a symmetry axis oriented horizontally in both the first and second modes of the device, the first and second platform ends being spaced along the symmetry axis; at least two under-platform wheels at least indirectly connected to the underside portion of the platform, each of the under-platform wheels being operable to roll along a ground surface in at least one of the first and second modes; a connector engageable with a stroller, and protruding, in at least a first state of the connector, outwardly from the first platform end; and a head member having an upper end, a lower end and an elongate portion therebetween, the head member protruding, at least in a plan view, from the second platform end at least in the second mode, the upper end being associated with handlebars and the lower end being associated with a head member wheel, the head member being configurable between an operable state in which the elongate portion extends transversely to the platform and the handlebars are accessible for use of the device in the second mode, and a non-operable state, in which the elongate portion and the handlebars are located so as to least interfere with use of the device in the first mode; a location of the elongate portion and the handlebars in the non-operable state being different than that of the operable state [claim 1]; A device configurable between a first mode in which the device can be connected to a stroller as a stroller board and a second mode in which the device can be used as an independent ride-on toy, the device comprising: a platform having an underside portion, an upper surface, a first platform end and a second platform end, and a symmetry axis oriented horizontally in both the first and second modes of the device, the first and second platform ends being spaced along the symmetry axis; at least two under-platform wheels connected to the underside portion of the platform so as to be capable of being brought between an operational state, in which the lowermost points of the wheels define a reference plane of the device and in which the under-platform wheels can be rolled along a ground surface in the second mode of the device, and a non-operational state in which the under-platform wheels are located above the reference plane in the first mode of the device; a connector engageable with a stroller, and protruding, in at least a first state of the connector, outwardly from the first platform end; and a head member having an upper end and a lower end and an elongate portion therebetween, the head member protruding, at least in a plan view, from the second platform end of the platform at least in the second mode of the device, the upper end being associated with handlebars and the lower end being associated with a head member wheel whose lowermost point remains in the reference plane in both modes of the device [claim 11]; A device configurable between a first mode in which the device can be connected to a stroller as a stroller board, and a second mode in which the device can be used as an independent ride-on toy, the device comprising: a platform having an underside portion, an upper surface, a first platform end and a second platform end, and a symmetry axis oriented horizontally in both the first mode and the second mode of the device, the first and second platform ends being spaced along the symmetry axis; the platform as seen in a plan view, having a wide portion adjacent the first platform end, and a narrow portion adjacent the second platform end; the platform being configured to be at least indirectly connected to the stroller at the first platform end; at least two under-platform wheels at least indirectly connected to the underside portion of the platform and associated with the first platform end, each under-platform wheel being operable to roll along a ground surface in at least one of said modes; a seat unit connectable to the platform at the second platform end, so as to protrude upwardly from the platform, at least in the second mode; and a head member having an upper end, a lower end and an elongate portion therebetween protruding from the second platform end in at least in the second mode, the upper end being associated with handlebars and the lower end being associated with a head member wheel; wherein in a plan view of the device, and at least in the second mode, spaces are located externally to diagonal axes whereby each diagonal axis extends between a center point of the seat and a respective end point of the wide portion of the platform which is farthest from the first platform end, said spaces being free of any device elements including the platform [claim 15]; The device according to claim 20, further comprising a housing attached to the underside of the platform for holding the bar to the platform, the housing having openings in the directions of the first and second platform ends, through which at least a part of the bar protrudes; the bar being configured to slide with respect to the housing to move the connector between at least the first state in which the connector protrudes outwardly from the first platform end, and a second state in which the connector is located beneath the platform [claim 21]; The device according to claim 20, wherein the connector comprises an opening which extends along an axis perpendicular to the symmetry axis, the opening configured to fit onto a lower bar of the stroller [claim 22]; or The device according to claim 20, wherein the bar and the connector are configured to move together as a single unit along the symmetry axis [claim 23]. The prior art discloses numerous arrangements of stroller boards or trailers for a second child. However, the prior art does not teach the combination of limitations of the claims as noted above.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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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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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/Primary Examiner, Art Unit 3613
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