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
2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202210162948.1, filed on 02/22/2023.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the second paragraph of 35 U.S.C. 112:
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.
4. Claims 6, 8, 11, 14, 16, and 18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
a. Claim 6 recites "The child carrier according to claim," in line 1 and thus claim 6 fails to identify which claim it depends from. For examination purposes, claim 6 will be treated as depending from claim 2.
b. Claim 8 recites the limitations “substantially parallel” in line 5 and “substantially perpendicular” in line 7. The term “substantially” in claim 8 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
c. Claim 11 recites the limitation “the two said linkage side elements” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim as only “a linkage side element“ was recited previously in claim 1.
d. Claim 14 recites the limitation “substantially parallel” in line 6. The term “substantially” in claim 14 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
e. Claim 16 recites the limitations “substantially parallel” in line 5 and “substantially perpendicular” in line 8. The term “substantially” in claim 16 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
f. Claim 18 recites the limitation “substantially perpendicular” in line 3. The term “substantially” in claim 14 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
5. In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Publication 2004/0212225) in view of Andrisin, III (US 5,393,122).
a. Regarding claim 1, Chen teaches a child carrier see [0032 both high chair and stroller] comprising seat frame 1 and backrest frame comprising backrest assembly 2 capable of rotating relative to seat frame 1, a headrest assembly 3 pivotally connected to a top of backrest assembly 2, linkage side element 4 [0025] slidably connected to the backrest assembly, a top of the linkage side element 43 pivotally connected to headrest assembly 3 [Referring now to FIGS. 4 and 6, the rest apparatus 8 for infants with a backrest and headrest cooperation mechanism of the present invention includes an U-type seat frame 1, an U-type backrest 2, and an U-type headrest 3, all of which are pivotally connected together in sequence, and is especially equipped with a cooperation mechanism 4 pivotally connected with the backrest 2 and the headrest 3 [0025]], and a resilient element 44 provided between backrest assembly 2 and headrest assembly 3 [If the backrest 2 is pivotally rotated relative to the seat frame 1 in counter clockwise from the state illustrated as FIG. 5, that is, turning back to FIG. 4 or further back to FIG. 3 from FIG. 5, the first rod 41 will be pushed toward the open end 213 relative to backrest 2 by the restoration force of the elastic element 44. After transmitting the movement through the second rod 42 and the third rod 43 and cooperating the headrest 3, the angle between the headrest 3 and the backrest 2 is gradually increased from 90 degrees to 180 degrees [0032]].
Chen does not specifically teach a bottom of the linkage side element connected to the seat frame through a connecting belt. Andrisin teaches a bottom of the linkage side element connected to seat frame 36 through connecting belt 48 [The adjustable reclining mechanism further includes a strap or belt 48 linking the seat back panel 36 and the stroller frame. The belt 48 includes a portion 49 having one end sewn or otherwise joined to the seat back panel 36 and extending to loop through the slots 46 and 47 of the buckle 41. Another portion 51 of the belt 48 extends from the slot 47 of the buckle and depends therefrom, col. 3 lines 50-56] for the purpose of providing an adjustable reclining mechanism for a seat back of a baby stroller that is hinged to a stroller frame with a flexible web or belt extending from the seat back to adjust the angle of reclination of the seat back.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen to include a bottom of the linkage side element connected to the seat frame through a connecting belt as taught by Andrisin because doing so would have provided an adjustable reclining mechanism for a seat back hinged to a stroller frame with a flexible web or belt to adjust the angle of reclination of the seat back.
b. Regarding claim 7, Chen in view of Andrisin teaches (references to Chen) the child carrier according to claim 1 having linkage side element 4 and seat frame 1 [Referring now to FIGS. 4 and 6, the rest apparatus 8 for infants with a backrest and headrest cooperation mechanism of the present invention includes an U-type seat frame 1, an U-type backrest 2, and an U-type headrest 3, all of which are pivotally connected together in sequence, and is especially equipped with a cooperation mechanism 4 pivotally connected with the backrest 2 and the headrest 3 [0025]].
Chen in view of Andrisin teaches (references to Andrisin) the child carrier according to claim 1 having one end of connecting belt 48 fixed on the hanging lug 36 and another end fixed in fixing hole 46, 47 [The adjustable reclining mechanism further includes a strap or belt 48 linking the seat back panel 36 and the stroller frame. The belt 48 includes a portion 49 having one end sewn or otherwise joined to the seat back panel 36 and extending to loop through the slots 46 and 47 of the buckle 41. Another portion 51 of the belt 48 extends from the slot 47 of the buckle and depends therefrom, col. 3 lines 50-56] for the purpose of providing an adjustable reclining mechanism for a seat back of a baby stroller that includes a flexible web or belt that extends from the seat back to adjust the angle of reclination of the seat back.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin to include the linkage side element with one end of the connecting belt fixed on the hanging lug and another end of the connecting belt fixed in the fixing hole as taught by Andrisin because doing so would have provided an adjustable reclining mechanism for a seat back of a baby stroller that includes a flexible web or belt that extends from the seat back to adjust the angle of reclination of the seat back.
c. Regarding claim 11, Chen in view of Andrisin teaches (references to Chen) the child carrier according to claim 1 wherein headrest assembly 3 is in a shape of a plate [FIG. 7 is a schematic side view showing an infant reclines on the stroller or chair of the above-mentioned preferred embodiment and illustrating, when the backrest is in the reclining position, the headrest does not cooperate with the backrest such that both of them almost align so as to prevent the infant's neck from being bent [0024]], tops of the two linkage side elements 4 are pivotally connected to left and right sides of headrest assembly 3 [Referring now to FIGS. 4 and 6, the rest apparatus 8 for infants with a backrest and headrest cooperation mechanism of the present invention includes an U-type seat frame 1, an U-type backrest 2, and an U-type headrest 3, all of which are pivotally connected together in sequence, and is especially equipped with a cooperation mechanism 4 pivotally connected with the backrest 2 and the headrest 3 [0025]].
8. Claims 2-6, 12, and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Publication 2004/0212225) in view of Andrisin, III (US 5,393,122) and Nakao et al. (US 4,805,928).
a. Regarding claim 2, Chen in view of Andrisin teaches (references to Chen) the child carrier according to claim 1 having backrest assembly 2 and linkage side element 43.
Chen does not specifically teach the backrest assembly comprises the linkage side element slidably connected to at least one canopy fixing base.
Nakao teaches backrest assembly 5 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 3 lines 42-43] comprises at least one canopy fixing base 4 [FIG. 8 is a side view of the baby carriage showing that a hood is attached to the armrest bars; as shown in FIG. 9, the hood includes several hood ribs 20 inserted into a hood sheet 10 for stoppage. Supports or arms 30 are respectively engaged with the opposite end so the hood ribs 20. Fixing members 40 pivotally attach the supports or arms 30, col. 7 lines 53-58; the fixing member 40 is fitted with the armrest bar 4, and then the supports or arms 30 engaged with the hood ribs 20 are combined at one place and pivotally attached one place to the upper end of the prop 402 provided on the upper surface of the fixing member 40, col. 9 lines 13-21] and linkage side element 71 is slidably connected to the at least one canopy fixing base 4 [inclination angle adjusting bar 7 is composed of a pair of frame bars 71, shown also in FIGS. 6 and 7, and a horizontal bar 72 so as to together be substantially U-shaped in front view; crossbar 72 is engaged with an engagement/stopper mechanism 8 attached to the center of the rear surface of the backrest 5, col. 3 lines 48-58; the base end portions of the frame bars 71 may be pivotally attached to the arm rest bars 4, col. 4 lines 68 – col. 5 line 1] for the purpose of providing a reclining mechanism for controlling the inclination angle of a backrest in a baby carriage with an easily mounted canopy so a baby seated on the carriage can be covered with the hood and protected against the sun regardless of the inclination angle of the backrest.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin to include the backrest assembly comprising a linkage side element slidably connected to at least one canopy fixing base as taught by Nakao because doing so would have provided a reclining mechanism for controlling the inclination angle of a backrest in a baby carriage with an easily mounted canopy so a baby seated on the carriage can be covered with the hood and protected against the sun regardless of the inclination angle of the backrest.
b. Regarding claim 3, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 2 having linkage side element 71 at least one canopy fixing base 4.
Chen in view of Andrisin and Nakao does not specifically teach the linkage side element provided with a sliding groove and at least one canopy fixing base provided with a positioning pin capable of sliding in the sliding groove.
Nakao teaches linkage side element 71 [inclination angle adjusting bar 7 is composed of a pair of frame bars 71, shown also in FIGS. 6 and 7, and a horizontal bar 72 so as to together be substantially U-shaped in front view; crossbar 72 is engaged with an engagement/stopper mechanism 8 attached to the center of the rear surface of the backrest 5, col. 3 lines 48-58; the base end portions of the frame bars 71 may be pivotally attached to the arm rest bars 4, col. 4 lines 68 – col. 5 line 1] provided with sliding groove 84 and at least one canopy fixing base 4 is provided with positioning pin 83 capable of sliding in the sliding groove [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5] for the purpose of providing for controlling the inclination of a backrest in a baby carriage with a vertically movable releasing plate so that a cross bar connected to a headrest rotates and closes off the top of the back rest when reclined by sliding the cross bar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include the linkage side element with a sliding groove and at least one canopy fixing base with a positioning pin capable of sliding in the sliding groove as taught by Nakao because doing so would have provided for controlling the inclination of a backrest in a baby carriage with a vertically movable releasing plate so that a cross bar connected to a headrest rotates and closes off the top of the back rest when reclined by sliding the cross bar.
c. Regarding claim 4, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 3 having positioning pin 83, sliding groove 84, linkage side element 71, and at least one canopy fixing base 4 [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5].
Chen in view of Andrisin and Nakao does not specifically teach the linkage side element capable of rotating relative to the at least one canopy fixing base around the positioning pin when the positioning pin is at any end of the sliding groove.
Nakao teaches linkage side element 71 capable of rotating relative to canopy fixing base 4 around positioning pin 83 when positioning pin 83 is at any end of sliding groove 84 [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5] for the purpose of providing for controlling the inclination of a backrest in a baby carriage with a vertically movable releasing plate so that a cross bar connected to a headrest rotates and closes off the top of the back rest when reclined by sliding the cross bar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include the linkage side element capable of rotating relative to the canopy fixing base around the positioning pin when the pin is at any end of the sliding groove, as taught by Nakao because doing so would have provided for controlling the inclination of a backrest in a baby carriage with a vertically movable releasing plate so a cross bar connected to a headrest rotates and closes off the top of the back rest when reclined by sliding the cross bar.
d. Regarding claim 5, Chen in view of Andrisin and Nakao teaches (references to Chen) the child carrier according to claim 1 wherein backrest assembly 2 comprises an angle adjustment mechanism [FIG. 6 is an exploded perspective view according to the cooperation mechanism [0023]] configured to adjust an inclination angle of the backrest frame relative to seat frame 1 [the rest apparatus 8 according to the present invention is indeed able to achieve the objects that the headrest 3 is cooperated and the inclination angle of the headrest 3 relative to the backrest is adjusted only when the backrest 2 is at certain positions [0033]; backrest and headrest cooperation mechanism whose headrest can be cooperated and inclination angle of the headrest relative to the backrest can be adjusted only when the backrest is at certain positions [0006]].
e. Regarding claim 6, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim (2, see 112(b) rejection above) having at least one canopy fixing base 4 and backrest assembly 5 [inclination angle adjusting bar 7 is composed of a pair of frame bars 71, shown also in FIGS. 6 and 7, and a horizontal bar 72 so as to together be substantially U-shaped in front view; crossbar 72 is engaged with an engagement/stopper mechanism 8 attached to the center of the rear surface of the backrest 5, col. 3 lines 48-58; the base end portions of the frame bars 71 may be pivotally attached to the arm rest bars 4, col. 4 lines 68 – col. 5 line 1].
Chen in view of Andrisin and Nakao does not specifically teach two canopy fixing bases spaced apart in a left-right direction, the backrest assembly comprises a first canopy support strip and a second canopy support strip, both ends of the first canopy support strip pivotally connected to the canopy fixing bases and both ends of the second canopy support strip are fixed on the two canopy fixing bases. Nakao teaches two canopy fixing bases 4 spaced apart in a left-right direction [the base end portions of the frame bars 71 may be pivotally attached to the arm rest bars 4, col. 4 lines 68 – col. 5 line 1], backrest assembly 5 comprises both ends of a first canopy support strip 20 pivotally connected to two canopy fixing bases 4 and both ends of a second canopy support strip fixed on the two canopy fixing bases [fixing member 40 is fitted with the armrest bar 4, and then the supports or arms 30 engaged with the hood ribs 20 are combined at one place and pivotally attached one place to the upper end of the prop 402 provided on the upper surface of the fixing member 40. Accordingly, the area protected against the sun can be adjusted by changing the position where the hood ribs are disposed regardless of the inclination angle of the backrest 5, col. 9 lines 13-21] for the purpose of providing a mechanism for controlling the inclination angle of a backrest in a baby carriage with an easily mounted canopy so a baby can be covered with the hood and protected against the sun regardless of the angle of the backrest.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include two canopy fixing bases spaced apart in a left-right direction, the backrest assembly comprising both ends of the first canopy support strip pivotally connected to two canopy fixing bases and both ends of the second canopy support strip fixed on two canopy fixing bases as taught by Nakao because doing so would have provided for controlling the inclination angle of a backrest in a baby carriage with an easily mounted canopy so a baby seated on the carriage can be covered with the hood and protected against the sun regardless of the angle of the backrest.
f. Regarding claim 12, Chen in view of Andrisin teaches (references to Chen) the child carrier according to claim 1 having seat frame 1 [Referring now to FIGS. 4 and 6, the rest apparatus 8 for infants with a backrest and headrest cooperation mechanism of the present invention includes an U-type seat frame 1, an U-type backrest 2, and an U-type headrest 3, all of which are pivotally connected together in sequence, and is especially equipped with a cooperation mechanism 4 pivotally connected with the backrest 2 and the headrest 3 [0025]].
Chen in view of Andrisin does not specifically teach the seat frame provided on a main frame comprising a handle pushing rod and pivotally connected to the handle pushing rod.
Nakao teaches a seat frame provided on a main frame comprising handle pushing rod 3 seat frame pivotally connected to handle pushing rod [As shown in FIG. 1, in a baby carriage A, front leg bars 1, rear leg bars 2, a handle bar 3; handlebar 3 is pivotally attached to the lower end portions of the bearing bars 3' so as to be able to swing back and forth. col. 3 lines 31-42; FIG. 1 is a perspective view of a baby carriage showing the condition that the handle bar has been turned to the front of the seat (the condition that the handle bar has been placed on the position facing the baby) and that the backrest has been raised] for the purpose of providing a reclining mechanism for controlling the inclination angle of a back rest in a baby carriage with a handle pushing rod pivotally coupled so that the handle pushing rod can be optionally pivoted into a position to the front of the seat and placed in a position facing the baby.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin to include a seat frame provided on a main frame comprising a handle pushing rod, and the seat frame pivotally connected to the handle pushing rod as taught by Nakao because doing so would have provided a reclining mechanism for controlling the inclination angle of a back rest in a baby carriage with a handle pushing rod pivotally coupled so that the handle pushing rod can be optionally pivoted into a position to the front of the seat and placed in a position facing the baby.
g. Regarding claim 14, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 3 having backrest assembly 5 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 3 lines 42-43] and sliding groove 84 [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5].
Chen in view of Andrisin and Nakao does not specifically teach the backrest assembly comprises a bottom of a backrest support element pivotally connected to the seat frame, a top of the backrest support element pivotally connected to the headrest assembly, the backrest support element comprises a side section, the at least one canopy fixing base fixed on the side section, and the sliding groove extends in a direction substantially parallel to the side section.
Nakao teaches backrest assembly 5 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 3 lines 42-43] comprises a bottom of a backrest support element pivotally connected to seat frame 6 [A backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 3 lines 42-43], a top of the backrest support element pivotally connected to headrest assembly 9 [As shown in both FIGS. 1 and 5, a baby head protection plate 9 is pivotally attached to the upper end of the backrest 5 so as to be able to be raised and lowered, col. 5 lines 64-66], the backrest support element comprises a side section 51 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted. A pair of side frames 51 are respectively formed on both sides of the backrest 5 so as to rise a little above the back rest 5 to thereby guard the body of the baby and prevent the body of the baby from moving out, col. 3 lines 42-47], the at least one canopy fixing base 4 fixed on the side section [fixing member 40 is fitted with the armrest bar 4, and then the supports or arms 30 engaged with the hood ribs 20 are combined at one place and pivotally attached one place to the upper end of the prop 402 provided on the upper surface of the fixing member 40. Accordingly, the area protected against the sun can be adjusted by changing the position where the hood ribs are disposed regardless of the inclination angle of the backrest 5, col. 9 lines 13-21], and sliding groove 84 extends in a direction substantially parallel to the side section [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5] for the purpose of providing for controlling the inclination of a backrest in a baby carriage with an easily mounted canopy so a baby can be covered with the hood and protected against the sun regardless of the angle of the backrest and a side section to guard and prevent the baby from moving out of the carriage.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include a bottom of a backrest support element pivotally connected to the seat frame, a top of the backrest support element pivotally connected to the headrest assembly, the backrest support element side section, the canopy fixing base fixed on the side section, and the sliding groove that extends in a direction substantially parallel to the side section as taught by Nakao because doing so would have provided for controlling the inclination of a backrest in a baby carriage with an easily mounted canopy so a baby can be covered with the hood and protected against the sun regardless of the angle of the backrest and a side section to guard and prevent the baby from moving out of the carriage.
h. Regarding claim 15, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 3 having positioning pin 83 and sliding groove 84 [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5].
Chen in view of Andrisin and Nakao does not specifically teach the positioning pin is cylindrical and both ends of the sliding groove are arc-shaped.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the positioning pin and sliding groove ends to be cylindrical and arc-shaped, respectively, because doing so would have provided a suitably shaped positioning pin and sliding groove for controlling the inclination of a backrest in a baby carriage and since a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
i. Regarding claim 16, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 3 having positioning pin 83 and sliding groove 84 [slide groove 84 runs vertically at the longitudinal center of the fixed plate 82 for the purpose of sliding the engagement releasing plate 83. The engagement releasing plate 83 slides in the slide groove 84 of the fixed plate 82 and has a number of inclined surface 85 which are disposed a regular intervals corresponding to the engagement/stopper grooves 81 and are arranged to push up the cross bar 72 fitted in one of the engagement/stopper grooves 81, col. 3 lines 65-68 col. 4 lines 1-5].
Chen in view of Andrisin and Nakao does not specifically teach the backrest assembly capable of rotating between a vertical and a horizontal position relative to the seat frame; when the backrest assembly is in the vertical position, the positioning pin is at the end of the sliding groove adjacent the seat frame and the headrest assembly is substantially parallel to the backrest assembly, when the backrest assembly is in the horizontal position, the positioning pin is at the end of the sliding groove away from the seat frame, and the headrest assembly is substantially perpendicular to the backrest assembly.
Nakao teaches backrest assembly 5 capable of rotating between a vertical and a horizontal position relative to seat frame 6 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 3 lines 42-43]; when backrest assembly 5 is in the vertical position, positioning pin 83 is at the end of sliding groove 84 adjacent seat frame 6 and headrest assembly 9 is substantially parallel to the backrest assembly [the upper end of the engagement releasing plate 83 is pulled up from the position of FIG. 2 to the position shown in FIG. 3. By pulling up the engagement releasing plate 83, the position at which the cross bar 72 contacts the inclined surface 85 on the engagement releasing plate 83 is shifted from the lower position to the higher position., col.5 lines 26-32], when the backrest assembly is in the horizontal position, positioning pin 83 is at the end of sliding groove 84 away from seat frame 6 and headrest assembly 9 is substantially perpendicular to backrest assembly 5 [When the reclining operation has been performed, the backrest 5 is then engaged stopped by the engagement/stopper mechanism 8 as shown in FIG. 2. Accordingly, the cross bar 72 of the inclination angle adjusting bar 7 attached to cross the engagement/stopper mechanism 8 is closely engaged and stopped at a suitable position of the engagement/stopper grooves 81 formed in the fixed plate 82. In this condition, the engagement releasing plate 83 fitted in the slide groove 84 formed at the center of the fixed plate 82 is subjected to downward force along the slide groove 84 because of its own weight, so that the lowest position of one of inclined the surfaces 85 is in contact with the cross bar 72, col. 5 lines 5-17] for the purpose of providing for controlling the inclination of a backrest in a baby carriage and raising and lowering a baby head protection plate attached to the upper end of the backrest so the head of the baby is not exposed out of the upper end of the backrest.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include the backrest assembly capable of rotating between a vertical and horizontal position relative to the seat frame; when the backrest assembly is in the vertical position, the positioning pin is at the end of the sliding groove adjacent the seat frame and the headrest assembly is substantially parallel to the backrest assembly, when the backrest assembly is in the horizontal position, the positioning pin is at the end of the sliding groove away from the seat frame, and the headrest assembly is substantially perpendicular to the backrest assembly as taught by Nakao because doing so would have provided for controlling the inclination of a backrest in a baby carriage and raising and lowering a baby head protection plate attached to the upper end of the backrest so the head of the baby is not exposed out of the upper end of the backrest.
j. Regarding claim 17, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 2 having backrest assembly 5 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 3 lines 42-43], at least one canopy fixing base 4 [FIG. 8 is a side view of the baby carriage showing that a hood is attached to the armrest bars; as shown in FIG. 9, the hood includes several hood ribs 20 inserted into a hood sheet 10 for stoppage. Supports or arms 30 are respectively engaged with the opposite end so the hood ribs 20. Fixing members 40 pivotally attach the supports or arms 30, col. 7 lines 53-58; the fixing member 40 is fitted with the armrest bar 4, and then the supports or arms 30 engaged with the hood ribs 20 are combined at one place and pivotally attached one place to the upper end of the prop 402 provided on the upper surface of the fixing member 40, col. 9 lines 13-21], seat frame 6, and headrest assembly 9 [As shown in both FIGS. 1 and 5, a baby head protection plate 9 is pivotally attached to the upper end of the backrest 5 so as to be able to be raised and lowered, col. 5 lines 64-66].
Chen in view of Andrisin and Nakao does not specifically teach the backrest assembly comprises a backrest support element, the at least one canopy fixing base is fixed on the backrest support element, a bottom of the backrest support element is pivotally connected to the seat frame, and a top of the backrest support element is pivotally connected to the headrest assembly.
Nakao teaches backrest assembly 5 comprises at least one canopy fixing base 4 is fixed on the backrest support element, a bottom of the backrest support element is pivotally connected to seat frame 6 and a top of the backrest support element is pivotally connected to headrest assembly 9 [As shown in both FIGS. 1 and 5, a baby head protection plate 9 is pivotally attached to the upper end of the backrest 5 so as to be able to be raised and lowered, col. 5 lines 64-66; When the inclination angle of the backrest 5 is made nearly horizontal and extends nearly parallel from the rear of the seat 6 as if it was a bed, the driving arms 91, the movable links 92 and the frame bars 71 are connected in an angular relation such that the baby head protection plate 9 perpendicularly projects from the backrest 5 (see FIG. 7), col. 6 lines 19-25] for the purpose of providing for controlling the inclination of a backrest in a baby carriage and raising and lowering a baby head protection plate attached to the upper end of the backrest so the head of the baby is not exposed out of the upper end of the backrest.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include the backrest assembly comprises a backrest support element, the at least one canopy fixing base is fixed on the backrest support element, a bottom of the backrest support element is pivotally connected to the seat frame, and a top of the backrest support element is pivotally connected to the headrest assembly as taught by Nakao because doing so would have provided for controlling the inclination of a backrest in a baby carriage and raising and lowering a baby head protection plate attached to the upper end of the backrest so the head of the baby is not exposed out of the upper end of the backrest.
k. Regarding claim 18, Chen in view of Andrisin and Nakao teaches the child carrier according to claim 17.
Chen in view of Andrisin and Nakao does not specifically teach the backrest support element side section the backrest support element is fixed on and at least one canopy fixing base extends in a direction substantially perpendicular to the side section.
Nakao teaches backrest support element side section 51 [backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted. A pair of side frames 51 are respectively formed on both sides of the backrest 5 so as to rise a little above the back rest 5 to thereby guard the body of the baby and prevent the body of the baby from moving out, col. 3 lines 42-47] backrest support element is fixed on and at least one canopy fixing base 4 extends in a direction substantially perpendicular to side section 51 [fixing member 40 is fitted with the armrest bar 4, and then the supports or arms 30 engaged with the hood ribs 20 are combined at one place and pivotally attached one place to the upper end of the prop 402 provided on the upper surface of the fixing member 40. Accordingly, the area protected against the sun can be adjusted by changing the position where the hood ribs are disposed regardless of the inclination angle of the backrest 5, col. 9 lines 13-21] for the purpose of providing for controlling the inclination of a backrest in a baby carriage with a side section to guard and prevent the baby from moving out of the carriage.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include the backrest support element side section the backrest support element is fixed on and at least one canopy fixing base that extends in a direction substantially perpendicular to the side section as taught by Nakao because doing so would have provided for controlling the inclination of a backrest in a baby carriage with a side section to guard and prevent the baby from moving out of the carriage.
9. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Publication 2004/0212225) in view of Andrisin, III (US 5,393,122) and Onishi (US 5,752,738).
a. Regarding claim 8, Chen in view of Andrisin teaches (references to Chen) the child carrier according to claim 1 having backrest assembly 2 capable of rotating between a vertical position and a horizontal position relative to seat frame 1 [If the backrest 2 is pivotally rotated relative to the seat frame 1 in counter clockwise from the state illustrated as FIG. 5, that is, turning back to FIG. 4 or further back to FIG. 3 from FIG. 5, the first rod 41 will be pushed toward the open end 213 relative to backrest 2 by the restoration force of the elastic element 44. After transmitting the movement through the second rod 42 and the third rod 43 and cooperating the headrest 3, the angle between the headrest 3 and the backrest 2 is gradually increased from 90 degrees to 180 degrees [0032]].
Chen in view of Andrisin teaches (references to Andrisin) the child carrier according to claim 1 wherein connecting belt 48 [The adjustable reclining mechanism further includes a strap or belt 48 linking the seat back panel 36 and the stroller frame. The belt 48 includes a portion 49 having one end sewn or otherwise joined to the seat back panel 36 and extending to loop through the slots 46 and 47 of the buckle 41. Another portion 51 of the belt 48 extends from the slot 47 of the buckle and depends therefrom, col. 3 lines 50-56] is a flexible webbing [A flexible web or belt extends from a medial portion of the upper edge of the seat back, abstract; a narrow web member having one end portion joined to the seat back, claim 1].
Chen in view of Andrisin does not specifically teach the connecting belt is in a loose state and the headrest assembly is substantially parallel to the backrest assembly when the backrest assembly is in the vertical position, the connecting belt is in a tight state and the headrest assembly is substantially perpendicular to the backrest assembly when the backrest assembly is in the horizontal position.
Onishi teaches connecting belt 42 is in a loose state [seat core member 8 and the backrest core member 9 can be tilted upwardly and forwardly, respectively, while the belt 42 is loosened, col. 9 lines 49-51] and headrest assembly 10 is substantially parallel to backrest assembly 9 when backrest assembly 9 is in the vertical position [FIG. 6] and connecting belt 42 is in a tight state [belt 42 is kept in a taut condition. Therefore, the lower end of the backrest core member 9 is maintained in a stable position, col. 9 lines 44-46] and headrest assembly 10 is substantially perpendicular to backrest assembly 9 when backrest assembly 9 is in the horizontal position [keeping the backrest core member 9 and the head guard core member 10 in a state substantially flush with each other as shown in FIG. 6, whereby the head guard core member 10 can be tilted clockwise from the position of FIG. 7 into the position of FIG. 6, but not any further in the clockwise direction in FIG. 6, col. 8 lines 48-52] for the purpose of providing a seat for a baby carriage that can take the form of a bed when the backrest is inclined having a headrest flush with the backrest when the backrest is upright, while the headrest is upright in an inclined state of the backrest for preventing the baby from putting its head out of the bed or slipping off the seat.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin to include the connecting belt in a loose state and the headrest assembly substantially parallel to the backrest assembly when the backrest assembly is in the vertical position, and the connecting belt in a tight state and the headrest assembly substantially perpendicular to the backrest assembly when the backrest assembly is in the horizontal position as taught by Onishi because doing so would have provided a seat for a baby carriage that can take the form of a bed, the headrest being upright in an inclined state of the backrest for preventing the baby from putting its head out of the bed or slipping off the seat.
10. Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Publication 2004/0212225) in view of Andrisin, III (US 5,393,122) and Robinson (US 5,681,079).
a. Regarding claim 9, Chen in view of Andrisin teaches (references to Chen) the child carrier according to claim 1 having resilient element 44 configured to keep headrest assembly 3 in a state substantially parallel to backrest assembly 2 [If the backrest 2 is pivotally rotated relative to the seat frame 1 in counter clockwise from the state illustrated as FIG. 5, that is, turning back to FIG. 4 or further back to FIG. 3 from FIG. 5, the first rod 41 will be pushed toward the open end 213 relative to backrest 2 by the restoration force of the elastic element 44. After transmitting the movement through the second rod 42 and the third rod 43 and cooperating the headrest 3, the angle between the headrest 3 and the backrest 2 is gradually increased from 90 degrees to 180 degrees [0032]].
Chen in view of Andrisin does not specifically teach the resilient element is a torsion spring. Robinson teaches resilient element 98 is a torsion spring [As best seen from FIGS. 3 and 4, spring biasing mechanism 34 includes a torsional return spring 98 that is located adjacent to lower portion 58 of pivot plate 48, col. 6 lines 6-8] for the purpose of providing a torsional return spring for a headrest apparatus for permitting angular movement of the headrest from a normal use position to a dumped position in response to movement of the seatback panel from an upright to a forwardly folded position to exert a biasing force to forcibly urge the headrest toward the use position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin to include a resilient element that is a torsion spring as taught by Robinson because doing so would have provided a torsional return spring to exert a biasing force to forcibly urge the headrest toward the use position.
b. Regarding claim 10, Chen in view of Andrisin and Robinson teaches (references to Robinson) the child carrier according to claim 9 wherein resilient element 98 is a torsion spring [As best seen from FIGS. 3 and 4, spring biasing mechanism 34 includes a torsional return spring 98 that is located adjacent to lower portion 58 of pivot plate 48, col. 6 lines 6-8].
Chen in view of Andrisin and Robinson does not specifically teach a torsion spring portion sleeved on a top of the backrest assembly and a pushing portion connected to the torsion spring portion and abutting against a front of the headrest assembly.
Robinson teaches torsion spring portion 34 sleeved on a top of backrest assembly 14 and a pushing portion 48 connected to torsion spring portion 34 and abutting against a front of headrest assembly 16 [As best seen from FIGS. 3 and 4, spring biasing mechanism 34 includes a torsional return spring 98 that is located adjacent to lower portion 58 of pivot plate 48 and which includes a first end 100 fixed to a retainer flange 102 extending from pivot plate 48 and a second end 104 received in a slot 106 formed in hinge pin 52. Return spring 98 is preloaded to exert a biasing force on pivot plate 48 that is adapted to forcibly urge pivot plate 48 and headrest 16 toward the use position col. 6 lines 6-14] for the purpose of providing a torsional return spring to exert a biasing force to forcibly urge the headrest toward the use position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Robinson to include a torsion spring portion sleeved on a top of the backrest assembly and a pushing portion connected to the torsion spring portion and abutting against a front of the headrest assembly as taught by Robinson because doing so would have provided a torsional return spring to exert a biasing force to forcibly urge the headrest toward the use position.
11. Claims 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Publication 2004/0212225) in view of Andrisin, III (US 5,393,122), Nakao et al. (US 4,805,928), and Ma et al. (US Patent Publication 2021/0380155).
a. Regarding claim 13, Chen in view of Andrisin and Nakao teaches (references to Nakao) the child carrier according to claim 12 having handle pushing rod 3 [As shown in FIG. 1, in a baby carriage A, front leg bars 1, rear leg bars 2, a handle bar 3; handlebar 3 is pivotally attached to the lower end portions of the bearing bars 3' so as to be able to swing back and forth. col. 3 lines 31-42; FIG. 1 is a perspective view of a baby carriage showing the condition that the handle bar has been turned to the front of the seat (the condition that the handle bar has been placed on the position facing the baby) and that the backrest has been raised].
Chen in view of Andrisin and Nakao does not specifically teach the seat frame comprises a seat support rod and a seat plate driven by the handle pushing rod to slide on the seat support rod.
Ma teaches seat frame comprises seat support rod 11 and seat plate 12 driven by the handle pushing rod 2 to slide on seat support rod 11 [the frame further comprises a seat rod 11 rotatably connected to the rear support 5 at the front portion and rotatably connected to the upper connecting rod 3 at the rear portion, a seat plate 12 slidably connected to the seat rod 11 back and forth, a pull rod 13 rotatably connected to the seat rod 12 at the front portion and rotatably connected to the upper connecting rod 3 at the rear portion [0068]; When folding the stroller, the locking device is unlocked, the upper push rods 1 are turned forward and downward to drive the push rods 2 and the upper connecting rods 3 to move downward and move closer to the rear supports 5, to fold the first four-bar linkages; When the first four-bar linkages are folded, the seat rods 11 and the pull rods 13 are driven to rotate, and the seat plate 12 slides backward along the seat rods 11 [0084]] for the purpose of providing a stroller capable of being opened and folded with a pushing rod to drive a seat plate slidably connected with a seat rod until the parts are close to each other and the whole stroller is folded to a flat, small in size to make it easy to store and carry.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin and Nakao to include a seat support rod and a seat plate driven by the handle pushing rod to slide on the seat support rod as taught by Ma because doing so would have provided a stroller capable of being opened and folded with a pushing rod to drive a seat plate slidably connected with a seat rod until the parts are close to each other and the whole stroller is folded to a flat, small in size to make it easy to store and carry.
b. Regarding claim 20, Chen in view of Andrisin, Nakao, and Ma teaches the child carrier according to claim 13.
Nakao teaches backrest assembly 5 pivotally connected to seat plate 6 [A backrest 5 is pivotally attached to the rear end of a seat 6 so that the inclination angle can be adjusted, col. 5 lines 42-43] for the purpose of providing a reclining mechanism for controlling the inclination angle of a back rest in a baby carriage with the backrest pivotally attached to the rear end of the seat plate so that the inclination angle can be adjusted.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin, Nakao, and Ma to include the backrest assembly pivotally connected to seat plate as taught by Nakao because doing so would have provided for controlling the inclination angle of the back rest in the baby carriage with the backrest pivotally attached to the rear end of the seat plate so that the inclination angle can be adjusted.
12. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Patent Publication 2004/0212225) in view of Andrisin, III (US 5,393,122), and Miller et al. (US Patent Publication 2013/0119736).
a. Regarding claim 19, Chen in view of Andrisin teaches the child carrier according to claim 1.
Chen in view of Andrisin does not specifically teach the backrest frame comprises a connecting seat pivotally connected to the seat frame, the connecting seat provided with a limiting hole, and the connecting belt extends through the limiting hole.
Miller teaches backrest frame 10 comprises a connecting seat 14 pivotally connected to the seat frame [FIG. 3 is a side view illustrating the recline angle of the seat back being adjusted by operating the lock member shown in FIG. 2 [0013]], the connecting seat provided with a limiting hole 124, and the connecting belt 16 extends through limiting hole 124 [webbing 16 passes through the through hole 124, it is wound around a back side of the seat back 14 and attached on the second end 102 of the frame 10. In this embodiment, the webbing 16 can be clamped in the lock member 122, so as to keep the seat back 14 at a recline angle α, as shown in FIG. 2. [0016]] for the purpose of providing a baby carriage frame, seat back and connecting belt that passes through a limiting hole to keep the seat back at a recline angle or adjust the recline angle of the seat back.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the child carrier taught by Chen in view of Andrisin to include the backrest frame comprises a connecting seat pivotally connected to the seat frame, the connecting seat provided with a limiting hole, and the connecting belt extends through the limiting hole as taught by Miller because doing so would have provided a baby carriage frame, seat back and connecting belt that passes through a limiting hole to keep the seat back at a recline angle or adjust the recline angle of the seat back.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Ryan Larsen whose telephone number is (571) 270-5458. The examiner can normally be reached on Monday-Thursday 8am-4pm est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached on (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. R. L./
Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights