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 .
Claim Objections
Claim 1 is objected to because of the following informality: wording in Line 9. Replacing “the other end” with “another end” is suggested. Appropriate correction is required.
Claim 4 is objected to because of the following informality: wording in Line 4. Replacing “two ends of the first reset member respectively abuts against the guide” with “two ends of the first reset member respectively abut against the guide” is suggested. (Emphasis added.) Appropriate correction is required.
Claim 5 is objected to because of the following informality: wording in Lines 1-2. Replacing “The carrier according to claim 2 4” with “The carrier according to claim 2” is suggested. (Emphasis added.) Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-9 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 7 recites the limitation “the driving pin” in Lines 5, 7, and 9. There is insufficient antecedent basis for this limitation in the claim. It should be noted that Claims 7-9 would be allowable if rewritten to overcome this rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 2nd paragraph, set forth in this Office action, and to include all of the limitations of the base claim and any intervening claims. (See “Allowable Subject Matter” below.)
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 6, 10, 13, and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhong (US 20190320814 A1). [Note that prior art citations are italicized and enclosed in brackets.]
Regarding Claim 1, Zhong teaches a foldable carrier, comprising: a seat assembly; an armrest assembly pivotable relative to the seat assembly and movable between a folded position and an unfolded position [Zhong Figs. 1 and 4b, Reference Characters 10, 20; Zhong Paragraph 0005: “The present application describes a child seat that is convenient to fold for storage.”], the armrest assembly being provided with a locking portion [Zhong Fig. 4a, Reference Character 421; Zhong Paragraph 0022: “The rod portion 42a of the linking part 42 can include an elongate slot 421 having two opposite ends 421A and 421B, and the latch 41 can have a pin 412 that is disposed through the elongate slot 421.”]; a backrest assembly having a folded position and an unfolded position [Zhong Figs. 1 and 4b, Reference Character 30]; a linkage assembly movably connected to the backrest assembly [Zhong Fig. 2, Reference Character 42 and the unnumbered portion of Reference Character 36 between Reference Characters L2 and L4; Zhong Paragraph 0022: “The end portion 42b of the linking part 42 can be pivotally connected with the side end portion 36 of the backrest frame 30 about a pivot axis L4 that extends parallel to and spaced apart from the pivot axis L2 of the backrest frame 30 and the pivot axis L3 of the latch 41.”]; and a locking member, one end of the locking member being pivotally connected to the linkage assembly, the other end of the locking member being capable of being fitted with the locking portion, the backrest assembly being folded in a direction approaching the armrest assembly, to drive, through the linkage assembly, the locking member to be separated from the locking portion [Zhong Fig. 2, Reference Characters 412 (locking member), 42 (linkage assembly), 21 (locking portion); Zhong Abstract: “a latch connected with the seat portion, and a linking part respectively coupled to the latch and the backrest frame, wherein the latch is operable to lock the front guard in position, the latch being engaged with the front guard for locking the front guard and disengaged from the front guard for unlocking the front guard”].
Regarding Claim 2, Zhong teaches the foldable carrier according to claim 1, wherein the linkage assembly comprises a driving member and a linkage member, one end of the linkage member being pivotally connected to the locking member, the other end of the linkage member being slidably connected to the driving member, and the driving member being pivotally connected to the backrest assembly [Zhong Fig. 2, wherein the driving member is the portion of the fixing member, Reference Character 36, between pivot axes L2 and L4, the linkage member is represented by Reference Character 42, and the locking member is represented by Reference Character 412].
Regarding Claim 3, Zhong teaches the foldable carrier according to claim 2, wherein the driving member is provided with a driving groove arranged in a length direction of the driving member, and the other end of the linkage member is provided with a guide pin, and wherein the guide pin is inserted into the driving groove and movable in the driving groove [Zhong Figs. 2-4, Reference Characters 31 (driving groove) and unnumbered axial member at Reference Character L4 (guide pin); Zhong Paragraph 0032: “the end portion 42b of the linking part 42 can have an edge 422, and the side end portion 36 of the backrest frame 30 can have a limiting edge 31 that is adjacent to the edge 422 of the end portion 42b. The edge 422 of the end portion 42b may be a convex edge having a curved shape, and may face oppositely away from the rod portion 42b. The limiting edge 31 can be a concave edge having a curved shape. During rotation of the backrest frame 30 relative to the seat portion 10, the limiting edge 31 of the backrest frame 30 can remain adjacent to the edge 422 of the end portion 42b. For example, the edge 422 of the end portion 42b may be adjacent without contacting or in sliding contact with the limiting edge 31 of the backrest frame 30 during adjustment of the backrest frame 30 between the deployed positions. The limiting edge 31 may prevent an undesirable displacement of the linking part 42 that is not induced by a rotation of the backrest frame 30, e.g., while the backrest frame 30 is held in any of the deployed positions. The linking part 42 can be thereby restrictedly positioned to prevent accidental unlocking of the latch 41 when the backrest frame 30 is adjusted to any of the deployed positions, which can assist in keeping the front guard 20 locked in the unfolded position.”].
Regarding Claim 5, Zhong teaches the foldable carrier according to claim 2, wherein the backrest assembly comprises a fixing member, and wherein the fixing member is pivotally connected to the seat assembly at a first pivot point, and the driving member is pivotally connected to the fixing member at a second pivot point, and the second pivot point is offset from the first pivot point [Zhong Fig. 2, Reference Character 36 (fixing member), L2 (first pivot point), and L4 (second pivot point)].
Regarding Claim 6, Zhong teaches the foldable carrier according to claim 5, wherein the linkage assembly further comprises a driving pin arranged on the driving member, and the driving member is pivotally connected to the fixing member through the driving pin [Zhong Fig. 2, wherein the driving pin is the unnumbered axial member at Reference Character L2].
Regarding Claim 10, Zhong teaches the foldable carrier according to any of the preceding claim 1, wherein the armrest assembly comprises an armrest support rod, the locking portion is a locking groove formed on the armrest support rod, and the locking member is a locking pin; wherein the armrest support rod is pivotally connected to the seat assembly at a third pivot point, a first circle tangent to a bottom wall of the locking groove is drawn with the third pivot point as a center, and when the armrest assembly moves to the unfolded position, the locking pin is capable of being inserted into the locking groove in a radial direction of the first circle [Zhong Fig. 1, Reference Character 26 (armrest support rod), 421 (locking portion/groove), 412 (locking member/pin), and L1 (third pivot point)].
Regarding Claim 13, Zhong teaches the foldable carrier according to claim 1, wherein the backrest assembly further comprises an angle adjustment mechanism configured to adjust an angle of the backrest assembly relative to the seat assembly [Zhong Figs. 2 and 3, Reference Character 60; Zhong Paragraph 0015: “FIGS. 2 and 3 illustrate two exemplary deployed positions for use where the backrest frame 30 is positioned at two different angles relative to the seat portion 10. A first deployed position of the backrest frame 30 may correspond to a reclining position as shown in FIG. 3, and a second deployed position of the backrest frame 30 may correspond to an upright position between the first deployed position and the collapsed position as shown in FIG. 2. A backrest adjustment mechanism 60 may be provided to lock the backrest frame 30 in any one of the deployed positions.”].
Regarding Claim 20, Zhong teaches the foldable carrier according to claim 1, wherein the seat assembly comprises a seat body and a side plate; the armrest assembly comprises an armrest support rod pivotable relative to the seat assembly; and the backrest assembly comprises a backrest support assembly movably connected to the linkage assembly; wherein two opposite sides of the seat body are each provided with the side plate, the armrest support rod, the backrest support assembly, the linkage assembly, and the locking member, and on either of the two opposite sides of the seat body, the backrest support assembly is pivotally connected to the side plate [Zhong Figs. 1-4b].
Regarding Claim 21, Zhong teaches a child carrying device, comprising: a carrier frame; and the foldable carrier according to claim 1 [Zhong Fig. 1; Zhong Abstract: “A child seat includes a seat portion, a backrest frame and a front guard respectively connected pivotally with the seat portion”].
Regarding Claim 22, Zhong teaches the child carrying device according to claim 21, wherein the child carrying device is a bassinet, a car seat, a bouncing chair, a child stroller, a high chair, or a child dining chair [Zhong Paragraph 0016: “Examples of child supporting apparatuses that can receive the installation of the child seat 100 can include, without limitation, child strollers, highchairs, and the like. The child seat 100 can be thereby installed and removed as desired on the standing frame of a child supporting apparatus.”].
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.
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (US 20190320814 A1) in view of Yuan (CN 110920731 A). [Note that prior art citations are italicized and enclosed in brackets.]
Regarding Claim 14, Zhong teaches a folding carrier comprising a backrest assembly, an angle adjustment mechanism, and a locking member but does not teach a plurality of locking holes. Yuan teaches the foldable carrier according to claim 13, wherein the angle adjustment mechanism comprises an angle adjustment locking member, the angle adjustment locking member being movably arranged on the backrest assembly, and wherein the seat assembly is provided with a plurality of locking holes, the angle adjustment locking member is capable of being fitted and locked into any one of locking holes, so that the backrest assembly is fixed at different angles relative to the seat assembly [Yuan Figs. 2, 3, and 6, Reference Characters 600 and 121; Yuan Paragraph 0060: “driving the seat angle adjusting drive 500 about a pivot axis and rotating for a certain angle, the rotating position of the pin 512 to release locking surface 600 opposite to the card, drive the locking pin 600 of the linear compression spring down to release locking surface 512 the direction to move inwards and exiting the adjusting hole 121. The fixed member 220 and the adjusting member 120 is no longer limited by pin 600, retaining member 220 and regulating member 120 can pivot relative to the adjusting inclined angle of the backrest frame 200. Adjusting inclined angle to the target until the backrest frame 200, positioning member 700 releases the seat angle adjusting drive 500 of pushing, the seat angle adjusting drive 500 under the action of the elastic engagement member 530 reversely rotates to locking surface 511 opposite to the card position of the pin 600, pushing in 600 under the pushing action of the locking surface 511 to move outwards and extends into the corresponding adjusting hole 121.”]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the foldable carrier of Zhong to include, with a reasonable expectation of success, a plurality of locking holes in view of Yuan. A person having ordinary skill in the art would have been motivated to combine Zhong and Yuan because this would have achieved the desirable results of providing automatic driving of the seat, and also reducing occupied space, as recognized by Yuan [Yuan Paragraph 0060: “the process of the baby stroller frame folding can automatically drive the seat 1 {to rotate} relative to the frame, such that the seat back 1 and the frame to minimize volume, reduce the occupied space.”].
Regarding Claim 15, Zhong teaches a foldable carrier comprising an angle adjustment mechanism comprising a locking member but does not teach locking holes. Yuan teaches the foldable carrier according to claim 14, wherein the angle adjustment locking member has a first driving position and a second driving position, and wherein, when the angle adjustment locking member is in the first driving position, the angle adjustment locking member is inserted into any one of the locking holes, and the backrest assembly is relatively fixed to the seat assembly; and when the angle adjustment locking member is in the second driving position, the angle adjustment locking member is withdrawn from the any one of the locking holes, and the backrest assembly is rotatable relative to the seat assembly [Yuan Figs. 2, 3, and 6, Reference Characters 600 and 121; Yuan Paragraph 0060: “driving the seat angle adjusting drive 500 about a pivot axis and rotating for a certain angle, the rotating position of the pin 512 to release locking surface 600 opposite to the card, drive the locking pin 600 of the linear compression spring down to release locking surface 512 the direction to move inwards and exiting the adjusting hole 121. The fixed member 220 and the adjusting member 120 is no longer limited by pin 600, retaining member 220 and regulating member 120 can pivot relative to the adjusting inclined angle of the backrest frame 200. Adjusting inclined angle to the target until the backrest frame 200, positioning member 700 releases the seat angle adjusting drive 500 of pushing, the seat angle adjusting drive 500 under the action of the elastic engagement member 530 reversely rotates to locking surface 511 opposite to the card position of the pin 600, pushing in 600 under the pushing action of the locking surface 511 to move outwards and extends into the corresponding adjusting hole 121.”]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the foldable carrier of Zhong to include, with a reasonable expectation of success, a plurality of locking holes in view of Yuan. A person having ordinary skill in the art would have been motivated to combine Zhong and Yuan because this would have achieved the desirable results of providing automatic driving of the seat, and also reducing occupied space, as recognized by Yuan [Yuan Paragraph 0060: “the process of the baby stroller frame folding can automatically drive the seat 1 {to rotate} relative to the frame, such that the seat back 1 and the frame to minimize volume, reduce the occupied space.”].
Regarding Claim 16, Zhong teaches a folding carrier comprising an angle adjustment mechanism but does not teach a reset member. Yuan teaches the foldable carrier according to claim 14, wherein the angle adjustment mechanism further comprises an angle adjustment reset member, and wherein the angle adjustment reset member constantly enables the angle adjustment locking member to move toward the first driving position [Yuan 3, 14, and 15, Reference Character 500; Yuan Paragraph 0064: “Referring to FIG. 2-4, two locking pins 600 are correspondingly inserted in a through hole 222 and can slide along the hole 222 the fore-and-aft moving, and the pins 600 against the drive surface 510 towards the seat one end of the angle adjusting member 500.”]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the foldable carrier of Zhong to include, with a reasonable expectation of success, a plurality of locking holes in view of Yuan. A person having ordinary skill in the art would have been motivated to combine Zhong and Yuan because this would have achieved the desirable results of providing automatic driving of the seat, and also reducing occupied space, as recognized by Yuan [Yuan Paragraph 0060: “the process of the baby stroller frame folding can automatically drive the seat 1 {to rotate} relative to the frame, such that the seat back 1 and the frame to minimize volume, reduce the occupied space.”].
Regarding Claim 17, Zhong teaches a foldable carrier comprising an angle adjustment mechanism but does not explicitly teach an operating assembly or a driving assembly. Yuan teaches the foldable carrier according to claim 14, wherein the angle adjustment mechanism further comprises an operating assembly and a driving assembly, and wherein the operating assembly is operable to drive, through the driving assembly, the angle adjustment locking member to move toward the second driving position [Yuan Fig. 1, Reference Characters 230 and 1300; Yuan Paragraph 0070: “the seat angle adjustment member 500 is further provided with a driving steel wire (not shown) is fixed on one end of the opening 550, and the backrest frame 200 is provided with an operation piece is connected with the other end of the driving steel wire of 230. When state needs the baby carriage frame is unfolded to actively adjust the angle of the seat 1, the press operation piece 230 to pull the steel wire drives the seat angle adjusting drive 500 rotating according to the previous paragraph the driving way for realizing unlocking of the seat angle adjusting mechanism.”]. It would have been obvious for a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the foldable carrier of Zhong to include, with a reasonable expectation of success, an operating assembly and a drive assembly in view of Yuan. A person having ordinary skill in the art would have been motivated to combine Zhong and Yuan because this would have achieved the desirable result of conveniently supporting the pressing force member, as recognized by Yuan [Yuan Paragraph 0069: “backrest frame 200 releasing member can conveniently support the pressing force via the raised part, and transmits to the locator 700 so as to drive the positioning member 700 to the seat angle adjustment drive 500 direction moving.”].
Allowable Subject Matter
Claim 4 is 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. [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 4, Zhong teaches a foldable carrier comprising a linkage assembly but does not teach a reset member arranged in the driving groove.
The prior art does not teach or suggest the foldable carrier according to claim 3, wherein the linkage assembly further comprises a first reset member arranged in the driving groove, and wherein two ends of the first reset member respectively abut against the guide pin and an inner wall of the driving groove. The closest reference, Yuan (CN 110920731 A), teaches a reset member [Yuan 3, 14, and 15, Reference Character 500; Yuan Paragraph 0064: “Referring to FIG. 2-4, two locking pins 600 are correspondingly inserted in a through hole 222 and can slide along the hole 222 the fore-and-aft moving, and the pins 600 against the drive surface 510 towards the seat one end of the angle adjusting member 500.”], but does not teach a first reset member arranged in the driving groove, and wherein two ends of the first reset member respectively abut against the guide pin and an inner wall of the driving groove.
Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if (a) Claim 7 is rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action (see “Claim Rejections - 35 USC § 112”, above), and if (b) Claim 7 is rewritten to include all of the limitations of the base claim and any intervening claims. [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 7, Zhong teaches a foldable carrier comprising a side plate and a fixing member but does not teach the side plate being provided with a guide groove.
The prior art does not teach or suggest the foldable carrier according to claim 5, wherein the seat assembly comprises a side plate, the fixing member is pivotally connected to the side plate at the first pivot point, the linkage assembly and the locking member are arranged on a side of the side plate facing away from the fixing member, the side plate is provided with a guide groove, and the driving pin extends through the guide groove to be pivotally connected to the fixing member at the second pivot point; and wherein the guide groove has a first position and a second position, the driving pin moves to the first position when the backrest assembly is in the folded position, and the driving pin moves to the second position when the backrest assembly is in the unfolded position. The closest reference, Zhong (US 20190320814 A1), teaches the seat assembly comprising a side plate, the fixing member being pivotally connected to the side plate at the first pivot point, the linkage assembly and the locking member are arranged on a side of the side plate facing away from the fixing member [Zhong Figs. 1 and 2, wherein the side plate is represented by the unnumbered member through which axis L1 penetrates, the fixing member is represented by Reference Character 36, the linkage assembly is represented by the unnumbered portion of Reference Character 36 between Reference Characters L2 and L4, and the locking member is represented by Reference Character 412, and the guide groove is represented by Reference Character 413], but does not teach that the side plate is provided with a guide groove, and the driving pin extends through the guide groove to be pivotally connected to the fixing member at the second pivot point; and wherein the guide groove has a first position and a second position, the driving pin moves to the first position when the backrest assembly is in the folded position, and the driving pin moves to the second position when the backrest assembly is in the unfolded position.
Claims 18 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if Claim 18 is rewritten to include all of the limitations of the base claim and any intervening claims. [Note that prior art citations below are italicized and enclosed in brackets.]
Regarding Claim 18, Zhong teaches a foldable carrier comprising a side plate and a fixing member but does not teach a rod member being provided with a driving slope.
The prior art does not teach or suggest the foldable carrier according to claim 17, wherein the driving assembly comprises a rod member and a driving pin, and wherein the rod member is provided with a driving slope, the driving pin is fixed to the angle adjustment locking member, and the driving pin abuts against the driving slope; wherein, when the driving assembly is operated, the rod member is movable and drives the driving pin to move by the driving slope, and drives the angle adjustment locking member to move toward the second driving position by the driving pin. The closest reference, Yuan (CN 110920731 A), teaches a driving assembly comprising a driving pin [Yuan Figs. 1 and 3, Reference Characters 230 and 720; Yuan Paragraph 0070: “the seat angle adjustment member 500 is further provided with a driving steel wire (not shown) is fixed on one end of the opening 550, and the backrest frame 200 is provided with an operation piece is connected with the other end of the driving steel wire of 230. When state needs the baby carriage frame is unfolded to actively adjust the angle of the seat 1, the press operation piece 230 to pull the steel wire drives the seat angle adjusting drive 500 rotating according to the previous paragraph the driving way for realizing unlocking of the seat angle adjusting mechanism.”; Yuan Paragraph 0042: “the locating fixture 220 the side wall is provided with a connected arc-shaped limiting groove 224 of the recess is set at the axis of the pivot 700, the positioning part 720 extending along the radial direction through the recess and extends to opposite to the arc-shaped limiting groove 224.”], but does not teach a rod member and a driving pin, and wherein the rod member is provided with a driving slope, the driving pin is fixed to the angle adjustment locking member, and the driving pin abuts against the driving slope; wherein, when the driving assembly is operated, the rod member is movable and drives the driving pin to move by the driving slope, and drives the angle adjustment locking member to move toward the second driving position by the driving pin.
Conclusion
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/MICHAEL T. WALSH/Examiner, Art Unit 3613
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