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.
Status of the Claims:
Claims 1, 2, 4-10, 12-22 are pending herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2024 and 1/27/2026 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 “frame tube” (Claim 1 – no label number) and must be shown and labeled 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 Objections
Claim 7 is objected to because of the following informalities: the limitation “the central shaft” (line 2) should be rewritten as: “the central shaft of the gear.” Appropriate correction is required.
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.
Claim 1, 2, 4-10, 12-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a stroller frame handle retractable tube mechanism, does not reasonably provide enablement for a “retractable tube mechanism” as currently claimed. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. Specifically, a stroller is the only apparatus listed in the disclosure which could provide the mechanism. It is suggested that the preamble be rewritten as: “A retractable tube mechanism for a stroller, comprising:”. Appropriate correction is required.
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 1, 2, 4-10, 12-22 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 pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: “tends to return" (line 11) which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 9 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 pre-AIA the applicant regards as the invention. Regarding claim 9, the claim recites the limitation: "according to claim 3" (line 1), which is unclear as Claim 3 was previously cancelled. For purposes of prosecution herein, Claim 9 will be assumed to depend from Claim 20. However, appropriate correction is required.
Claims 12-19 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 pre-AIA the applicant regards as the invention. Regarding claim 12, the claim recites the limitation: "wherein the blocking member is adapted to be driven by the second elastic member or the pulling force to move to a locked position or an unlocked position in an axial direction of the inner tube" (line 3, emphasis added), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 20-21 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 pre-AIA the applicant regards as the invention. Regarding claim 20, the claim recites the limitation: "the first operating member is adapted to, when being subjected to a force, drive the driving member to move, so as to apply the pulling force to the pulling member; or wherein " (line 6-8, emphasis added), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 21 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 pre-AIA the applicant regards as the invention. Regarding claim 21, the claim recites the limitation: "kept in cooperation" (line 3), which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
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.
Claim(s) 1, 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mountz (US 11,173,940 B2).
[Claim 1] Regarding Claim 1, Mountz discloses: A retractable tube mechanism, (See, e.g., Fig.1-10, 120+122), comprising: an outer tube (See, e.g., Fig.1-10, 120); an inner tube (See, e.g., Fig.1-10, 122) inserted into the outer tube (See, e.g., Fig.1-10) and axially movable relative to the outer tube (See, e.g., Fig.1-10); and
a locking device (See, e.g., Fig.1-10, 128+124+126+130+etc.) comprising a locking member (See, e.g., Fig.1-10, 124+126+130+etc.) and a pulling member (See, e.g., Fig.1-10, 128) both arranged in the inner tube (See, e.g., Fig.1-10), the locking member being operably connected to the pulling member (See, e.g., Fig.1-10);
wherein the locking member has a locked state in which an axial movement of the inner tube relative to the outer tube is restrained (See, e.g., Fig.1-10), and an unlocked state in which the axial movement of the inner tube is allowed (See, e.g., Fig.1-10);
wherein when the pulling member moves under the action of a pulling force, the pulling member drives the locking member to switch from the locked state to the unlocked state (See, e.g., Fig.1-10); and
wherein when the pulling force is removed, the locking member tends to return from the unlocked state to the locked state (See, e.g., Fig.1-10).
[Claim 20] Regarding Claim 20, Mountz discloses: wherein a first end of the pulling member is operably connected to the locking member (See, e.g., Fig.1-10), and a second end of the pulling member is an operating end (See, e.g., Fig.1-10, 128);
wherein the second end of the pulling member is connected to a driving member (See, e.g., Fig.1-10, 128) arranged in the inner tube (See, e.g., Fig.1-10), a first operating member is mounted on the inner tube (See, e.g., Fig.1-10, 138), the first operating member is operably connected to the driving member (See, e.g., Fig.1-10), and the first operating member is adapted to, when being subjected to a force, drive the driving member to move, so as to apply the pulling force to the pulling member (See, e.g., Fig.1-10); or wherein the second end of the pulling member is connected to a second operating member sleeved on the inner tube, and the second operating member is adapted to, when being subjected to a force, move along the inner tube, so as to apply the pulling force to the pulling member (See, e.g., Fig.1-10).
[Claim 21] Regarding Claim 21, Mountz discloses: wherein the first operating member is provided with a first guide slope; and wherein the driving member is provided with a second guide slope (See, e.g., Fig.1-10, 128+138) kept in cooperation with the first guide slope (See, e.g., Fig.1-10).
[Claim 22] Regarding Claim 22, Mountz discloses: A stroller (See, e.g., Fig.1-10, 1), comprising the retractable tube mechanism according to claim 1, wherein the outer tube is a frame tube of the stroller; and the inner tube is a retractable handle tube (See, e.g., Fig.1-10).
Allowable Subject Matter
Claims 2-10, and 12-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record when taken alone or in combination with another does
not teach or fairly suggest at this time at least, among other limitations: wherein an inner wall of the outer tube is arranged with a rack extending in an axial direction; wherein the locking member comprises a gear supported by the inner tube, and the gear is meshed with the rack through an opening on a tube wall of the inner tube; wherein the locking member further comprises a locking fork connected to the pulling member; wherein when the pulling force is removed, the locking fork is jointed to the gear, to restrain rotation of the gear, and when the pulling force is applied, the locking fork is driven by the pulling member to disjoint from the gear, thereby allowing the gear to rotate; and wherein the locking fork comprises an engagement portion, and the locking fork restrains the rotation of the gear by engagement of the engagement portion with the gear, as claimed in Claim 2 and similarly claimed in Claim 12 (emphasis added to allowable limitations not suggested or taught by the prior art).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DOLAK whose telephone number is (571)270-7757. The examiner can normally be reached on 9-530 EST Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J ALLEN SHRIVER can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES M DOLAK/Primary Examiner, Art Unit 3613
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