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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract of the disclosure is objected to because the form and legal phraseology often used in patent claims, such as “comprising” and “wherein,” should be avoided. 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 disclosure is objected to because of the following informalities:
Page 21, line 1 states “The fastening element 20”. To ensure clarity between first and second fastening elements, “second” should be placed in front of “fastening”.
Page 21, line 19 states “the projection 27”. To ensure clarity between the first, second, and third projections, “first” should be placed in front of “projection”.
Page 21, lines 27-28 as well as page 22, line 3, it is unclear if the “projection” element number 33 is a different, fourth projection.
Appropriate correction is required.
Claim Objections
Applicant is advised that should claim 3 be found allowable, claims 5 and 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim 1-16 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 1
Seating furniture, in particular a high chair, for a baby or toddler, comprising:
“In particular” leads to indefiniteness as it is unclear if the invention is or is not a high chair.
wherein the safety device is detachably attachable to the base element by at least or exactly one first, namely front and/or lower, fastening device, and at least or exactly one second, namely upper and/or rear, fastening device,
It is unclear if “at least or exactly one” is meant to be understood as “one or more.”
“Namely” leads to indefiniteness as it is unclear if the first fastening device actually is front and/or lower and if the second fastening device actually is upper and/or rear.
wherein at least one second fastening device, in particular an interface defined thereby, is arranged in a central section of the safety device with respect to a lateral extension of the safety device.
It is unclear if the “at least one second” fastening device is the same recited earlier in the claim.
“In particular” leads to indefiniteness as it is unclear if the second fastening device is or is not an interface defined thereby.
Claim 2
wherein the safety device includes only one second, namely upper and/or rear fastening device, or at least only one second, namely upper and/or rear fastening device comprising a hook.
It is unclear if the “one second” fastening device and the “at least only one second” fastening device are the same as those introduced in claim 1.
It is unclear how “one second” fastening device differs from “at least one second” fastening device.
“Namely” leads to indefiniteness as it is unclear if the second fastening device actually is upper and/or rear.
Claim 3
wherein the at least one first fastening device, in particular an interface defined by the respective fasting device, is arranged in the central section.
It is unclear how the fastening device is “defined by the respective fastening device”.
“In particular” leads to indefiniteness as it is unclear if the fastening device is or is not an interface defined by the respective fastening device.
Claim 4
wherein at least one surface portion of the base element which is in contact with the safety device in use and/or at least one surface portion of the safety device which is in contact with the base element in use is provided with a friction-enhancing device, which is in contact with the safety device in use and/or at least one surface portion of the safety device which is in contact with the base element in use, is provided with a friction-increasing device, preferably comprising a polymer, in particular an elastomer and/or rubber.
Claim 4 appears to repeat the same limitation multiple times.
“Preferably” leads to indefiniteness as it is unclear if the friction-increasing device is or is not comprising a polymer.
“In particular” leads to indefiniteness as it is unclear if the polymer is or is not an elastomer and/or rubber.
Claim 10
wherein a respective surface section is arranged on a rearwardly pointing projection of the safety device or a rearwardly pointing projection of a backrest of the safety device or is in contact with the projection in use.
It is unclear which of the two projections in claim 10 “the projection” is referring to, or if it is a different projection entirely.
Claim 11
wherein the base element has a base element footrest, which may be heigh-adjustable, and/or the safety device has a safety device footrest, which may be height adjustable.
It is unclear if everything following “may be” is positive recitation.
Claim 12
at least one height adjustment device for discrete or stepless height adjustment of a seat surface of the base element,
at least one height adjustment device for discrete or stepless height adjustment of a backrest of the base element,
at least one height adjustment device for discrete or stepless height adjustment of a footrest of the base element,
at least one height adjustment device for discrete or stepless height adjustment of the safety device or at least the safety device backrest.
It is unclear what “stepless” means, and it is not defined in the specification.
Claim 13
wherein the safety device is formed in one piece, or monolithically.
The difference between “formed in one piece” and “monolithically” is unclear.
Claims 15 and 16
Claims 15 and 16 appear to be dependent on claim 1, however the preamble of each claim only refers back to a part of claim 1. As such, the scope of these claims is unclear; it is not known if the other elements of claim 1 (for example,
Claims 5-9, and 14
Claims 5-9, and 14 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 1.
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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kostyniak (US-9101225-B2).
Kostyniak discloses a convertible children’s high chair.
Claim 1 – Kostyniak teaches seating furniture, in particular a high chair, for a baby or toddler (figures 1 and 2), comprising:
a base element (element 10 in figure 1), which comprises a frame (element 2 in figure 1), and a safety device (element 30 in figure 3) for securing the baby or toddler,
wherein the safety device is detachably attachable to the base element (figures 1 and 2) by at least or exactly one first, namely front and/or lower, fastening device (element 26 in figure 4), and at least or exactly one second, namely upper and/or rear fastening device (element 27 in figure 5),
wherein at least one second fastening device, in particular an interface defined thereby, is arranged in a central section of the safety device with respect to a lateral extension of the safety device (element 27 in figure 5).
Claim 2 – Kostyniak teaches the safety device includes only one second, namely upper and/or rear fastening device, or at least only one second, namely upper and/or rear fastening device comprising a hook (element 27 in figure 5 is described in paragraph 25 of the description as “as spring-loaded ridge positioned at the rear” and “is configured to engage a lip on the [base element] 10”).
Claim 3 – Kostyniak teaches the at least one first fastening device, in particular an interface defined by the respective fasting device, is arranged in the central section (element 26 in figure 4).
Claim 4 – Kostyniak teaches at least one surface portion of the base element which is in contact with the safety device in use and/or at least one surface portion of the safety device which is in contact with the base element in use is provided with a friction-enhancing device, which is in contact with the safety device in use and/or at least one surface portion of the safety device which is in contact with the base element in use, is provided with a friction-increasing device, preferably comprising a polymer, in particular an elastomer and/or rubber (element 32 in figure 5, described in paragraph 22 of the description as “non-slip pads”).
Claim 5 – Kostyniak teaches the at least one first fastening device is arranged in the central section of the safety device (element 26 in figure 4).
Claim 6 – Kostyniak teaches the base element comprises a height-adjustable, base element seat surface or a height-adjustable, base element backrest
or the safety device comprises a safety device backrest or at least one at least substantially horizontally extending safety bar or at least one at least substantially vertically extending safety bar (element 25 in figure 3, the safety device 30 comprises a backrest 25).
Claim 7 – Kostyniak teaches the first fastening device is arranged on a seat surface of the base element or the frame at a level of or below the seat surface or
the second fastening device is arranged on a backrest of the base element or frame behind the backrest (element 27 in figure 5 is arranged behind the backrest 25).
Claim 8 – Kostyniak teaches the first fastening device or the second fastening device comprises at least one quick-release fastener, at least one latching mechanism, or a snap-in mechanism (element 26 in figure 1 is described in paragraph 25 of the description as a release handle).
Claim 9 – Kostyniak teaches the first fastening device or the second fastening device has at least one projection, a hook, at least one recess, or at least one opening (element 26 in figure 4 teaches a recess).
Claim 10 – Kostyniak teaches a respective surface section is arranged on a rearwardly pointing projection of the safety device or a rearwardly pointing projection of a backrest of the safety device or is in contact with the projection in use (element 29 in figure 5 is a surface section on a rearwardly pointing projection of the safety device).
Claim 11 – Kostyniak teaches the base element has a base element footrest, which may be heigh-adjustable, and/or the safety device has a safety device footrest, which may be height adjustable (element 19 in figure 1 is a base element footrest).
Claim 12 – Kostyniak teaches at least one height adjustment device for discrete or stepless height adjustment of a seat surface of the base element,
at least one height adjustment device for discrete or stepless height adjustment of a backrest of the base element,
at least one height adjustment device for discrete or stepless height adjustment of a footrest of the base element,
at least one height adjustment device for discrete or stepless height adjustment of the safety device or at least the safety device backrest.
(Kostyniak teaches, in paragraph 16 of the description, that the frame 2 can be height adjustable, adjusting the height of the seat surface of the base element.)
Claim 13 – Kostyniak teaches the safety device is formed in one piece, or monolithically (element 30 in figure 3).
Claim 14 – Kostyniak teaches no first fastening device or no second fastening device is arranged outside a middle section (elements 26 and 27 in figures 4 and 5 are not arranged outside a middle section).
Claim 15 – Kostyniak teaches a safety device (element 30 in figure 3).
Claim 16 – Kostyniak teaches a base element (element 10 in figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:30 AM - 2:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID DUNN can be reached at (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636