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 .
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 “cushioning member, provided on at least one of an inner side wall of the first leg tube and the second engaging member” in claim 18, and the “first cushioning layer” in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13” has been used to designate both “second cushioning layer” and “third cushioning layer”.
The drawings are objected to because fig. 11 illustrates the third cushioning layer 13 provided on at least an inner side wall of the first leg tube, and fig. 15 illustrates the third cushioning layer 13 covering the bar-shaped adjustment member.
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 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 18-24, and 26-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites, “a cushioning member, provided on at least one of an inner side wall of the first leg tube and the second engaging member” which is indefinite, because according to Para. [0059] of the instant specification and fig. 5, the “cushioning member” refers to element 220 which is positioned on the bottom leg 20. According to at least Paras. [0088-0089], the second and third cushioning layer 13 is provided on at least an inner side wall of the leg tube. In order to advance prosecution, examiner is mapping the claims to a cushioning layer 13 provided on at least an inner side wall, and not a cushioning member provided on the bottom leg.
Claim 19 recites “wherein the cushioning member comprises a first cushioning layer covering the second engaging member, or the second engaging member is made of a cushioning material and forms the cushioning member” which is indefinite, because “a second engaging member” and “the cushioning member” are two discrete elements, and it is unclear how the second engaging member now forms the cushioning member.
Claim 20, lines 5-8, recites “the cushioning member comprises a second cushioning layer covering partial area of an inner side wall of the side wall body of the first leg tube, wherein the partial area comprises a region, which corresponds to a movement track of the second engaging member, and where the plurality of first positioning holes are disposed”, which is indefinite because it is unclear how there is a second cushioning layer when a first cushioning layer has not been introduced in claim 18. Examiner notes, claims 21 and 22 are rejected under 112b due to their dependency to claim 20.
Claim 23, line 6 recites “the cushioning member comprises a third cushioning layer covering a partial area of the bar-shaped adjustment member” which is indefinite, because a first and second cushioning layer have not been introduced, and it is unclear what is the intent of the third cushioning layer. Examiner notes, claims 24 and 26 are rejected under 112b due to their dependency to claim 23.
Claim 26 recites “wherein the bar-shaped adjustment member is made of a cushioning material and forms the cushioning member” which is indefinite, because “a bar-shaped adjustment member” and the “cushioning member” are two discrete elements, and it is unclear how the bar-shaped adjusting member now forms the cushioning member.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 3, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2024/0001820 A1), hereinafter Zhang, in view of Lai (CN 211107060 U), and Häußler (US 2022/0281364 A1).
Regarding claim 1, Zhang discloses a support device, applied to a child safety seat, comprising:
a support leg body (supporting leg device 10 includes a first tube 20 and a second tube 30, fig. 3);
a bottom leg (bottom 12, fig. 5), connected to a bottom end of the support leg body (as shown in fig. 5, the bottom 12 is connected to the bottom end of the second tube 30), and the bottom leg and the support leg body forming a receiving space (fig. 5);
a trigger (ground contact end 201, fig. 5), movably connected to the bottom leg, the trigger being movable between a first position and a second position, wherein, in the first position, at least a portion of the trigger protrudes from the bottom leg, and in the second position, the trigger is received in the receiving space (Para. [0071], “[t]he pushing member 200 includes a ground contact end 201 that protrudes from the bottom 12 of the supporting leg device 10 and touches the ground. The bottom of the ground contact end 201 may be made of a thermoplastic elastomer (TPE) material to play a role of preventing sliding and avoiding impact. Since the ground contact end 201 extends from the bottom 12 of the supporting leg device 10, when the supporting leg device 10 touches the ground, the ground contact end 201 first touches the ground, thereby subjecting an upward acting force from the ground, so that the ground contact end 201 and the pushing member 200 are moved upward relative to the bottom 12 of the supporting leg device 10 until the ground contacting end 201 is completely retracted into the bottom 12 of the supporting leg device 10”); and a switch module (pushing member 200, fig. 8).
However, Zhang does not appear to specifically disclose an alarm unit, comprising a switch module and a wireless module, wherein the switch module is configured to acquire a floor contact signal indicating that the trigger is in the second position, and the wireless module is in signal communication with the switch module.
Lai is in the field of a child safety seat (Abstract) and teaches a trigger (supporting leg supporting piece button 4, fig. 2), the trigger being movable between a first position and a second position (p. 3, para. 3, “when the supporting leg is not opened to the automobile bottom plate, the PCB electric control circuit 5 obtains supporting leg supporting piece button 4 is not pressed parameter, triggering the alarm component 6 to alarm, reminding the parents to fix the safety seat, so as to ensure the safety of the child passenger”. Examiner notes, the button being “pressed” and “not pressed” are the first and second positions of the trigger); an alarm unit (alarm assembly 6, fig. 2), comprising a switch module (PCB electric control circuit 5, fig. 2), wherein the switch module is configured to acquire a floor contact signal indicating that the trigger is in the second position (p. 3, para. 6, “when the supporting leg supporting piece 2 is not stable against the bottom of the vehicle cabin, supporting leg supporting piece button 4 is not pressed, the PCB electric control circuit 5 keeps the path, the alarm component 6 is triggered by the sound alarm and the light emitting alarm continuously emits the acousto-optic signal, reminding parents to check the cabin 1 mounting condition and the stable installation, ensuring the safety of the children”; as shown in fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang such that the leg device had an alarm unit comprising a switch module as taught by Lai, in order to emit a sound alarm when the ground contacting end 201 of Lai is not touching the ground, so that the parents can be notified to check proper installation, ensuring the safety of the children (Lai: p. 3, para. 6).
Häußler is in the field of a vehicle-mountable-child safety seat assembly (Abstract) and teaches an alarm unit (warning system 400, fig. 8B) and a wireless module (Para. [0074], “the warning system 400 may produce a warning signal that is transmissible through a wired or wireless connection to another device or system”; as shown in figs. 8A & 8B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the alarm unit and switch module of modified Zhang such that there was a wireless module integrated as taught by Häußler, in order to connect to networks without physical cables, making the setup more flexible and portable. The resulting device renders obvious wherein the wireless module is in signal communication with the switch module.
Regarding claim 3, Zhang in view of Lai and Häußler discloses the invention in claim 1, and Zhang further discloses wherein
a fixing member (fixing member 500, fig. 7) is fixedly disposed inside the support leg body (as shown in fig. 7, fixing member 500 is disposed inside the support leg device 10);
the switch module (pushing member 200, fig. 8) is connected to the fixing member (as shown in fig. 8); and
the fixing member is arranged to be opposite to the trigger in a height direction of the support leg body (as shown in fig. 7).
Regarding claim 7, Zhang in view of Lai and Häußler discloses the invention in claim 1, and Zhang further discloses wherein
the support leg body comprises a first leg tube (first tube 20, fig. 7) and a second leg tube (second tube 30, fig. 7), and the first leg tube and the second leg tube are connected in an extendable and retractable manner (as shown in figs. 4 & 5); and
the support device further comprises a support member (upper end fixing member 130, fig. 7), and the support member is disposed in the first leg tube and the second leg tube (as shown in fig. 4) and fixedly connected to the first leg tube (Para. [0074], “[t]he sleeve upper end fixing member 130 may be fixed to the top 11 of the supporting leg device 10 via a frame 40”; as shown in fig. 7).
Claim(s) 18 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2008/0030052 A1), hereinafter Chen, in view of Fei (CN 216158032 U).
Regarding claim 18, Chen discloses a support device, applied to a child safety seat, comprising:
a first leg tube (support tube 2, fig. 11), provided with a plurality of first positioning holes in a height direction of the first leg tube (through holes 21 on each side of the support tube 2, figs. 2 & 5);
a second leg tube (positioning tube 1, fig. 11), slidably sleeved in the first leg tube (as shown in fig. 2);
a locking device (actuator 51, fig. 3), mounted on the second leg tube (as shown in figs. 2, 3, & 5, the actuator 51 is mounted on the positioning tube via support tube 2 and support base 4) and having a second engaging member (protruding members 523, figs. 3 & 5), wherein the second engaging member is configured to move between a locked position and an unlocked position, and in the locked position, the second engaging member engages with a corresponding first positioning hole, and in the unlocked position, the second engaging member disengages from the corresponding first positioning hole (Para. [0031], “[t]he actuator 51 is movable in the mounting seat 42 radially relative to the tube axis (A) between a locking position (see FIGS. 4 to 7), where the positioning tube 1 is retained at the desired extended length relative to the support tube 2, and an unlocking position (see FIGS. 8 to 10), where the protruding members 523 cease to extend into the through holes 21 and the positioning holes 11 of the positioning hole units to permit adjustment of the extended length of the positioning tube 1 relative to the support tube 2”; as shown in figs. 4-7 and figs. 8-10).
However, Chen does not appear to specifically disclose a cushioning member, provided on at
least one of an inner side wall of the first leg tube and the second engaging member.
Fei is in the field an aluminum pie with a multi-section telescopic design (Abstract) and teaches
a cushioning member, provided on at least one of an inner side wall of the leg tube (Abstract, “when the extension tube needs to be folded, pressing the telescopic button of the transverse handle surface pressing the transverse handle downwards, making the transverse handle enter the inner part of the handle groove, at the same time, prolonging the collision between the tube through the buffer ring, reducing the collision noise between the extension tube”; see buffer ring 4 in fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen such that the inner side of the first leg tube had a cushioning member as taught by Fei, in order to reduce the collision noise (Lai: Abstract) between the first and second leg tube.
Regarding claim 27, Chen in view of Fei discloses the invention in claim 18, and further discloses wherein the second engaging member is switched between the locked position and the unlocked position by rotating or moving linearly (moving linearly chosen; as shown in figs. 3 & 5, the protruding members 523 is switched between the locked position and the unlocked position by moving linearly).
Allowable Subject Matter
Claim 8-12, and 28-30 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
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See PTO 892.
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/N.A./Examiner, Art Unit 3647 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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