DETAILED ACTION
This communication is a first office action on the merits. Claims 1, 2, 4-6, 8-14, 16-19 and 26-29, as filed are currently pending and have been considered below.
Election/Restrictions
Claims 9-11, 13, 17 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 February 2026.
Claim Objections
Claim 29 is objected to because of the following informalities: In line 3, the phrase “the neck” should be replaced by --a neck--. Appropriate correction is required.
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 28 is 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 28 includes the recitation of “sliding element and guiding element”, “a belt” and “backrest” already provided in claims 1 and 26. These recitations appear redundant and renders claims 28-29 as indefinite as it is unclear if these are new recitations.
Claim 28 also includes “back cushion” and “a slit” already provided in claim 26 render the claim indefinite.
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, 2, 4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paik (US 9,936,772).
Regarding claim 1, Paik discloses an apparatus comprising a sliding element (100/200) and a guiding element (310),
wherein the sliding element comprises a first fitting part (200), and the guiding element comprises a second fitting part (311), and
wherein one of the first fitting part and the second fitting part receives the other (Figs. 2 and 12 as shown), so that the sliding element is connected to the guiding element and the sliding element is slidable linearly on the guiding element (Paragraph 5, lines 1-4).
Regarding claim 2, Paik further discloses wherein the sliding element further comprises a connecting buckle (200) and a neck (204), the neck connects the connecting buckle to the first fitting part, and a width of the neck is less than a width of either of the connecting buckle and the first fitting part (Figs. 3-11 as shown).
Regarding claim 4, Paik further discloses wherein the connecting buckle comprises a through hole (between 101 and 102) through which a belt (322) passes, and the connecting buckle further comprises a locking part which is a rod (103) arranged in the through hole for restricting movement of the belt.
Regarding claim 6, Paik further discloses, wherein the connecting buckle comprises a through hole (between 101 and 102) through which a belt (322) passes, and the buckle assembly further comprises an adjusting buckle (321), and the adjusting buckle is used to adjust a position where a belt passes through the through hole.
Claim(s) 1, 2, 14, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arnold et al. (US 2005/0206215).
Regarding claim 1, Arnold et al. discloses an apparatus comprising a sliding element (26/22) and a guiding element (14),
wherein the sliding element comprises a first fitting part (26), and the guiding element comprises a second fitting part (14), and
wherein one of the first fitting part and the second fitting part receives the other (Figs. 1-3 as shown), so that the sliding element is connected to the guiding element and the sliding element is slidable linearly on the guiding element (The device as shown in Figs. 1-3 operates in the claimed manner).
Regarding claim 2, Arnold et al. further discloses wherein the sliding element further comprises a connecting buckle (22) and a neck (49), the neck connects the connecting buckle to the first fitting part, and a width of the neck is less than a width of either of the connecting buckle and the first fitting part (Fig. 1 as shown).
Regarding claim 14, Arnold et al. further discloses wherein the first fitting part is pivotally connected to the connecting buckle (via 66), and/or wherein the neck is formed with a pivot shaft and the connecting buckle is formed with a pivot hole, and the pivot shaft is positioned in the pivot hole so that the connecting buckle is capable of pivoting with respect to the neck.
Regarding claim 16, Arnold et al. further discloses wherein the second fitting part is received in the first fitting part, so that the sliding element is connected to the guiding element and is slidable on the guiding element (Fig. 1 as shown), and the second fitting part is formed with a plurality of recesses (formed by teeth 50) along its length direction, and the first fitting part is formed with a finger part (54), and each of the recesses is capable of being engaged with the finger part to provide resistance to sliding of the sliding element on the guiding element (Figs. 2-3 as shown).
Regarding claim 18, Arnold et al. further discloses wherein the first fitting part is formed as a C-shaped clip (Fig. 1 as shown), the second fitting part is formed as a sliding rail (Fig. 1 as shown), and the plurality of recesses are arranged on the second fitting part at the same intervals, or wherein the finger part is pivotable, and the first fitting part further comprises an actuating part which is operated to pivot the finger part in a direction away from the second fitting part (Figs. 1-3 as shown).
Claim(s) 1, 26-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gower et al. (US 2008/0258527).
Regarding claim 1, Gower et al. discloses an apparatus comprising a sliding element (41) and a guiding element (25),
wherein the sliding element comprises a first fitting part (47), and the guiding element comprises a second fitting part (27), and
wherein one of the first fitting part and the second fitting part receives the other (Figs. 2a-2d as shown), so that the sliding element is connected to the guiding element and the sliding element is slidable linearly on the guiding element (Figs. 2a-2d as shown).
Regarding claim 26, Gower et al. further disclose an apparatus (1) comprising:
a frame (3);
a backrest (5) connected to the frame;
a back cushion (9) having a slit (as occupied by 21) and at least partially covering the backrest;
a belt (15a’) having an end attached to the frame; and
the buckle assembly according to claim 1 (as shown above), wherein the buckle assembly connects the other end of the belt to the backrest, passes through the slit of the back cushion, and connects the other end of the belt to the backrest to adjust a height of the other end of the belt (Figs. 1 as shown).
Regarding claim 27, Gower et al. further discloses wherein the baby carrier comprises two buckle assemblies (21) and two belts (15a’, 15b’) symmetrically located on the backrest (Fig. 1 as shown).
Regarding claim 28, Gower et al. further disclose wherein the buckle assembly comprises a sliding element and a guiding element (See claim 1 above), the sliding element further comprises a connecting buckle (43), the connecting buckle is slidably connected to a belt (15a’), and the guiding element is arranged on a backrest of the baby carrier (Fig. 1 as shown).
Regarding claim 29, Gower et al. further disclose wherein the baby carrier comprises a back cushion arranged on a side of the backrest (See claim 26 above), a slit (See claim 26 above) is formed on the back cushion, and the neck (45) of the sliding element passes through the slit, so that the connecting buckle is located at a first side of the back cushion, and the first fitting part is located at a second side of the back cushion opposite to the first side (Figs. 2a-3b as shown).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paik as applied to claim 4 above, and further in view of Tuch (US 470,625).
Regarding claim 5, Paik discloses the invention except for wherein a plurality of protrusions and a plurality of depressions are alternately formed on the locking part.
Tuch teaches a buckle with protrusions and depressions formed on a locking part (d, Fig. 1 as shown).
From this teaching of Tuch, it would have been obvious to one of ordinary skill before the effective filing date of the invention to provide protrusions and depressions on the surface of the locking part of Paik. The added texture would provide enhanced friction and prevent lateral sliding of the strap.
Claim(s) 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paik as applied to claim 2 above, and further in view of Paik (KR 102005003932; admitted prior art of Paik is hereafter referenced to as Paik2).
Regarding claims 8 and 12, Paik further discloses the second fitting part is formed as a tubular element (311), the first fitting part is formed as an annular element (202), a side of the annular element away from the neck is formed with an opening (203) and an inner space of the annular element is formed in a cylindrical shape, and the inner space matches with the tubular element (Figs. 3-11 as shown).
Paik fails to provide the structural details of the rail and its attachment. Paik2 teaches wherein a guiding element (20) further comprises a connecting part (19), and a width of the connecting part is less than a width of the second fitting part, and, a size of the opening corresponds to a size of the connecting part (Fig. 4 as shown).
From this teaching of Paik2, it would have been obvious to one of ordinary skill before the effective filing date of the invention to attach the rail of Paik in the same manner as Paik2 in order to allow the sliding element to attach to the strap in a flattened manner and allow the chest/sternum strap to sit against the chest.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677