DETAILED ACTION
Information Disclosure Statement
The Information disclosure statements have been received and considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second engagement portions (101,102) and the engagement/locking/unclocking states between these portions as claimed in claims 1 and 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. It is unclear from the specification and drawings where the first and second engagement portions 101,102 and there respective locking and unlocking states with each other are shown in the drawings. An extra figure should be provided showing these respective locked and unlocked states for increased clarity should the application mature into a patent..
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- is/are rejected under 35 U.S.C. 102a1 as being anticipated by Chen 7,537,093.
Regarding claim 1, subject to the 112 1st rejection above (and as best understood) and as broadly claimed, Chen shows in figures 2-8:
A brake mechanism (1,2,4) comprising: a hub 4 provided with a first engagement portion 41 a fixed base (or wheel 2) fastened to the hub (4 the fixed base being provided with a second engagement portion 61 capable of being engaged with and locked with the first engagement portion 41 a retainer 53 having a first position and a second position (figs 7,8), wherein the second engagement portion 61 is kept disengaged from the first engagement portion- 41 when the retainer-53 is at the first position, and the second engagement portion is kept engaged with and locked with the first engagement portion- when the retainer is at the second position; a pedal assembly-(52 wherein when the retainer 53 is at the first position and a force along a first direction is applied to the pedal assembly-52 the retainer moves from the first position to the second position, and when the retainer is at the second position, and the force along the first direction is applied to the pedal assembly the retainer moves from the second position to the first position; and a first reset member 55 keeping the pedal assembly moving in a direction opposite to the first direction.
Regarding claim 2, as broadly claimed, Chen shows that the pedal assembly 52 includes a pedal body and a driving inclined surface 523,524 connected to each other, and when the retainer 53 is at the first position, and the force along the first direction is applied to the pedal body 52 the driving inclined surface 523,524 moves along the first direction and drives the second engagement portion 61 (even if indirectly) to be engaged with and locked with the first engagement portion 41.
Regarding claim 3, as broadly claimed, Chen shows that the retainer 53 is movably arranged on the fixed base, a moving direction of the retainer 53 is intersected with a moving direction of the second engagement portion 61 and when the retainer 53 is at the second position, the retainer 53 acts on the second engagement portion 61 to cause the second engagement portion 61 to move in a direction close to the first engagement portion- 41.
Regarding claim 4, as broadly claimed, Chen shows that a second reset member 56 keeping the retainer 53 moving towards the second position.
Regarding claim 5, as broadly claimed, Chen shows that the pedal assembly 52 includes a pedal body and a first abutting portion 523 (see fig 7) connected to each other, and the retainer 53 has a second abutting structure, the first abutting portion 523 abutting against the second abutting structure when the retainer 53 is at the second position.
Regarding claim 7, as broadly claimed, Chen shows that the first engagement portion 41 is a brake hole arranged on the hub (4, and the second engagement portion is a brake pin- 61 movably arranged on the fixed base , the brake pin 61) being capable of being inserted into the brake hole 41.
Regarding claim 8, as broadly claimed, Chen shows a drive member 62 arranged at an end of the brake pin-61 away from the brake hole 41), and the retainer- 53 abuts against an end of the drive member 62 away from the brake hole 41 when the retainer 53 is at the second position.
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of CN 107416006 A.
Regarding claim 12 Chen lacks specifically showing an indication assembly showing the braking or locking state of the brake assembly.
The reference to CN ‘006 shows a braking device for a baby stroller having similar operational structure to that of Chen and states in the machine translation:
“…the sensing handle further comprises a brake indicator light and/or electric quantity indicator light, said brake indicating lamp and electric quantity indicating lamp are connected with the circuit board..”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have provided the cart of Chen with some type of indicator for indicating the braking/locking state thereof for increased safety protocols.
Regarding claim 14 it would have been obvious to have adapted the wheel and brake assembly of Chen to a baby carrier, as taught by CN ‘006, simply to save on manufacturing costs given their structural similarities.
Regarding claim 15 these limitations are considered to be met given the inherent overall structure of a common type of baby stroller.
Allowable Subject Matter
Claims 6, 9-11,13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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/CHRISTOPHER P SCHWARTZ/ Primary Examiner, Art Unit 3616
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