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.
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 2 and 17 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.
Regarding claim 2, the safety device including “only the at least one second fastening device” leads to a lack of clarity as to whether or not the safety device should include other elements such as the at least on first fastening device.
Regarding claim 17, it is unclear if “a central section of the safety device” and “a lateral extension of the safety device” are the same as the “central section of the safety device” and “lateral extension of the safety device” of claim 1, respectively.
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 1-4, 6-9, 11-12, and 14-18 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 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 20 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 one first fastening device (element 31 in figure 5), and at least one second fastening device (the channel of element 29 in figure 5, element “29 may be adapted to receive or otherwise engage the first child seat’s back rest 14” in column 4, lines 11-12 of the disclosure),
wherein the at least one first fastening device is arranged in front of the at least one second fastening device (figure 5), is arranged lower than the at least one second fastening device (figure 5), or is arranged in front of and lower than the at least one second fastening device (figure 5),
wherein the at least one second fastening device is arranged in a central section of the safety device with respect to a lateral extension of the safety device (the channel of element 29 in figure 5, when facing the safety device, is arranged in the central section of the safety device with respect to the laterally extending sides of the safety device).
Claim 2 – Kostyniak teaches the safety device includes only the at least one second fastening device (the channel of element 29 in figure 5).
Claim 3 – Kostyniak teaches the at least one first fastening device is arranged in the central section (element 31 in figure 5, when facing the safety device, is arranged in the central section of the safety device).
Claim 4 – Kostyniak teaches the seating furniture comprises a friction-enhancing device (element 32 in figure 5, described in column 4, line 57, as “non-slip pads”),
wherein at least one of:
at least one surface portion of the base element which is in contact with the safety device in use is provided with the friction-enhancing device, or
at least one surface of the safety device which is in contact with the base element in use is provided with the friction-enhancing device (in figure 5, element 32 is shown on the bottom of the safety device, which contacts the base element in figure 1).
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 20 comprises a backrest 25).
Claim 7 – Kostyniak teaches the at least one 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 at least one second fastening device is arranged on a backrest of the base element or frame behind the backrest (the channel of element 29 in figure 5 is arranged behind the backrest 25).
Claim 8 – Kostyniak teaches the at least one first fastening device or the at least one second fastening device comprises at least one quick-release fastener, at least one latching mechanism, or a snap-in mechanism (the first fastening element 31 in figure 5 receives the protruding element 12, ensuring lateral movement does not happen, but allows for a quick release).
Claim 9 – Kostyniak teaches the at least one first fastening device or the at least one second fastening device has at least one projection, a hook, at least one recess, or at least one opening (the channel of element 29 in figure 5 hooks onto the top edge of element 14, , element “29 may be adapted to receive or otherwise engage the first child seat’s back rest 14” in column 4, lines 11-12 of the disclosure).
Claim 11 – Kostyniak teaches one or both of:
the base element has a heigh-adjustable base element footrest, and the safety device has a safety height adjustable device footrest (the base element features a footrest, element 19 in figure 2, and the “vertical frame members 2b” of the base element “may be telescoping frame members” to adjust the height as stated in column 3, lines 31-34. Adjusting the height of the base raises and lowers the footrest).
Claim 12 – Kostyniak teaches at least one height adjustment device for discrete or continuous height adjustment of a seat surface of the base element,
at least one height adjustment device for discrete or continuous height adjustment of a backrest of the base element,
at least one height adjustment device for discrete or continuous height adjustment of a footrest of the base element,
at least one height adjustment device for discrete or continuous height adjustment of the safety device or at least the safety device backrest (the “vertical frame members 2b” of the base element “may be telescoping frame members” to adjust the height as stated in column 3, lines 31-34, allowing for discrete height adjustment of the safety device).
Claim 14 – Kostyniak teaches no first fastening device or no second fastening device is arranged outside the central section (element 31 and the channel of element 29 in figure 5, when facing the safety device, are arranged in the central section of the safety device).
Claim 15 – Kostyniak teaches a safety device (element 20 in figure 3) for securing a baby or toddler in seating furniture having a base element (element 10 in figure 1), the base element comprising a base element seat surface (element 11 in figure 2) and a base element backrest (element 14 in figure 2), the safety device comprising:
a safety device backrest (element 25 in figure 3);
a crotch section extending downward from the safety device (element 22 in figure 3);
a first fastening device (element 31 in figure 4) arranged at a free end of the crotch section and configured to detachably attach the safety device to the base element seat surface (element 12 in figure 2 arranged on the base element seat surface), to a frame of the base element, or between the base element seat surface and the frame; and
a second fastening device comprising a hook arranged on a rear side of the safety device backrest (the channel of element 29 in figure 5 is configured to hook onto the top edge of element 14, , element “29 may be adapted to receive or otherwise engage the first child seat’s back rest 14” in column 4, lines 11-12 of the disclosure) and configured to detachably attach the safety device to the base element backrest (element 14 in figure 2), to a frame of the base element, or between the base element backrest and the frame,
wherein the second fastening device is arranged in a central section of the safety device with respect to a lateral extension of the safety device (the channel of element 29 in figure 5, when facing the safety device, is arranged in the central section of the safety device with respect to the laterally extending sides of the safety device), and
wherein the first fastening device is arranged in front of and lower than the second fastening device (figure 2).
Claim 16 – Kostyniak teaches a base element for seating furniture (element 10 in figure 1) having a safety device (element 20 in figure 3) for securing a baby or toddler, the base element comprising:
a frame (element 2 in figure 1);
a base element seat surface supported by the frame (element 11 in figure 2);
a base element backrest supported by the frame (element 14 in figure 2);
a first receiving element arranged on the base element seat surface (element 12 in figure 2 arranged on the base element seat surface), on the frame, or between the base element seat surface and the frame, the first receiving element configured to detachably receive a first fastening device of the safety device (element 31 in figure 4); and
a second receiving element arranged on the base element backrest (the top edge of element 14 is arranged to be thick enough to fit in the channel of element 29), on the frame, or between the base element backrest and the frame, the second receiving element configured to detachably receive a second fastening device of the safety device (the channel of element 29 in figure 5 is configured to hook onto the top edge of element 14, , element “29 may be adapted to receive or otherwise engage the first child seat’s back rest 14” in column 4, lines 11-12 of the disclosure),
wherein the second receiving element is arranged in a central section of the base element with respect to a lateral extension of the base element (the top edge of element 14 in figure 2, when facing the safety device, is arranged in the central section of the safety device with respect to the laterally extending sides of the safety device), and
wherein the first receiving element is arranged in front of and lower than the second receiving element (figure 2).
Claim 17 – Kostyniak teaches an interface defined by the at least one second fastening device 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, when facing the safety device, is arranged in the central section of the safety device with respect to the laterally extending sides of the safety device).
Claim 18 – Kostyniak teaches the at least one second fastening device comprises a hook (the channel of element 29 in figure 5 is configured to hook onto the top edge of element 14, element “29 may be adapted to receive or otherwise engage the first child seat’s back rest 14” in column 4, lines 11-12 of the disclosure).
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.
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kostyniak (US-9101225-B2).
Claim 10 – Kostyniak teaches the friction-enhancing device is part of the at least one surface portion of the safety device (element 32 in figure 5, described in column 4, line 57, as “non-slip pads”) and Kostyniak teaches a rearwardly pointing projection (element 29 in figure 5) but Kostyniak does not teach the friction-enhancing device is arranged on a rearwardly pointing projection of the safety device or is in contact with the projection in use.
It would have been obvious to one of ordinary skill in the art to place the friction-enhancing device of Kostyniak on the rearwardly pointing projecting of Kostyniak as Kostyniak teaches using the safety device on various chairs, and having the friction-enhancing device abutting the various chair backs would ensure the safety device is less likely to shift. It has been held rearranging parts of an invention involves only routine skill in the art.
Claim 13 – Kostyniak is silent on the safety device being formed in one piece, however it would have been obvious to one of ordinary skill in the art to form the safety device in one piece as it has been held that forming in one piece an article which has formerly been formed in more than one piece and put together involves only routine skill in the art.
Response to Arguments
Applicant's arguments filed 6/23/2026 have been fully considered but they are not persuasive.
Applicant argues that Kostyniak discloses a single locking mechanism, rather than a first and a second fastening element for attaching the safety device to the base element. Applicant’s argument is in response to examiner’s interpretation of Kostyniak teaching a first fastening element 26 and a second fastening element 27, two separate devices. Applicant states they are a singular locking mechanism. Kostyniak teaches a plurality of fastening elements. Therefore to show Kostyniak’s teachings in the claim rejections above, element 31 and the channel of element 29 are very clearly separate fastening elements.
Applicant argues Kostyniak does not teach the first fastening element is in front of, lower than, or in front of and lower than the second fastening element. In figure 5 of Kostyniak, element 26 is in front of and lower than element 27. However, if elements 26 and 27 are interpreted as one device, element 31 is also lower and in front of element 29.
Applicant argues Kostyniak does not teach a fastening device in a central section of the safety device with respect to a lateral extension of the safety device. The rejection has been further explained to show that Kostyniak discloses a fastening device, when looking at the front face of the seating furniture, in the central section with respect to a lateral extension, being the laterally extending sides of the safety device.
Applicant argues Kostyniak discloses a second child seat rather than a base for the safety device to nest on. Regardless of the base of Kostyniak’s ability to be used on its own, figure 1 of Kostyniak teaches that the base element 10 is to receive the safety device element 20.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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