DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 16-30 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 16 recites that a first wheel assembly, a second wheel assembly, and a third wheel assembly are disposed below a front portion of the frame in lines 2-4, the claim then further states wherein the second wheel assembly is arranged at a lower portion of the left rear support; the third wheel assembly is arranged at a lower portion of the right rear support in lines 10-12. It is unclear if the second and third wheels are located below the front or the rear of the frame or both. Claims 17-30 are rejected for the dependency from claim 16.
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.
(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 16-19, and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 108297925 A).
In regards to claim 16, Li discloses a stroller (baby trolley, see fig. 1), comprising a frame (1) having an unfolded configuration (see fig. 1, unfolded state) and a folded configuration (fig. 2-4 folded state), the frame has a virtual plane perpendicular to a horizontal plane, a first wheel assembly (81), a second wheel assembly and a third wheel assembly (left and right wheels 82) are disposed below a front portion of the frame (see fig. 1 front portion understood as opposite the handle), the second wheel assembly and the third wheel assembly (left and right wheels 82) are symmetrically arranged relative to the virtual plane (see fig. 1), wherein the frame (1) comprises:
a seat frame (4) configured to be connected with a seat for sitting a child (sear rod understood for a seat of the baby in the baby trolley) ;
a front support (2), wherein the first wheel assembly (81) is disposed at a lower portion of the front support (see wheel 81 at the lower end of 2 near connecting piece 83-85);
a rear support (71, 72) comprising a left rear support (72) and a right rear support (71) symmetrically arranged relative to the virtual plane (see fig. 1, 2), wherein the second wheel assembly (left 82) is arranged at a lower portion of the left rear support (lower end of 72) ; the third wheel assembly is arranged at a lower portion of the right rear support ( right wheel on the lower end of 71, see fig. 1); the left rear support and the right rear support (71, 72) are slidably connected to the seat frame (4) respectively (via the slider 6);
when the frame (1) is switching from the unfolded configuration (unfolded state, fig. 1) to the folded configuration (fig. 3-4, folded state), the left rear support and the right rear support (71, 72) slide forwards and towards the virtual plane respectively (see movement of the slider 6 and therefore the rods 71, 72); and the second wheel assembly and the third wheel assembly also move forwards and towards the virtual plane respectively (see fig. 2,3).
In regards to claim 17, Li further discloses the frame comprises;
a slider (6) slidably disposed on the seat frame (4, via connection 94) in a front-rear direction of the seat frame (4);
a pushing rod (handles and upper frame, see 1 fig. 1, 2), a lower end portion of the pushing rod (handles and upper frame) is rotatably connected to the slider (6 at connection 91,95 via rod 9);
a side linking rod (3), a rear end portion (portion found connecting with the frame at 93) of the side linking rod is rotatably connected with the pushing rod (1),
one of ,
the third one of the side linking rod, the seat frame and the front support (2) is also pivotally connected to at least one of the side linking rod, the seat frame (4)(at pivot 92, see fig. 1, 2) and the front support; and
a linkage rod (9) rotatably connected to the front support (2) and the slider (6) respectively.
In regards to claim 18, Li discloses wherein the slider (6) is slidably disposed on the seat frame (4)(via connection at 94 and rod 3) in a direction substantially parallel to the virtual plane (in a substantially up down direction)(see fig. 1).
In regards to claim 19, Li discloses the frame wherein the slide (6 on the left and right side) comprises a left sliding rod (left slide rod 9) and a right sliding rod (right slide rod 9), the pushing rod (handles, and upper frame 1) comprises a left pushing rod (left side rod of the upper portion of frame 1) and a right pushing rod (right side rod of the upper portion of frame 1), the left pushing rod (left side rod of the upper portion of frame) is rotatably connected to the left sliding rod (9) (rotatable at pivot 91, 95), the right pushing rod (right side rod of the upper portion of frame 1) is rotatably connected to the right sliding rod (right 9) (at pivot 91, 95, see fig. 1,2), the left sliding rod (9) and the right sliding rod (9 on the right) are slidably disposed with respect to the seat frame (4) respectively (via slider 6), and sliding directions of the left sliding rod and the right sliding rod (9) are substantially parallel to the virtual plane respectively (substantially in the up down direction of fig. 1, 2).
In regards to claim 28, Li discloses, wherein when the frame (see fig. 1) is switching from the unfolded configuration to the folded configuration (see fig. 2, switching to folded state), part of the slider (6) extends rearwardly out of the seat frame (4).
In regards to claim 29, Li discloses, wherein when the frame (see fig. 1 trolley frame) is switching from the unfolded configuration (fig. 3-4) to the folded configuration (fig. 1), the pushing rod (1) is flipped forwardly and downwardly towards the seat frame (4) and the front support (2) is flipped rearwardly and upwardly towards the seat frame (see arrows fig. 2).
In regards to claim 30, Li discloses wherein when the frame is in the folded configuration (see fig. 2-4), the first wheel assembly (81) is positioned at a middle position between the second wheel assembly (left wheel 82) and the third wheel assembly (right wheel 83) (see fig. 4 where wheel 81 is in the middle of the two wheels 82).
Allowable Subject Matter
Claims 20-27 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 closest related prior art fail to teach alone or in combination:
Re: claim 20, a frame further comprising a left guiding rail and a right guiding rail are respectively provided on the seat frame, the left guiding rail and the right guiding rail are symmetrically disposed with respect to the virtual plane, the distance between the left guiding rail and the right guiding rail in the left-right direction becomes gradually smaller from back to front, the left rear support is slidably connected to the left guiding rail, and the right rear support is slidably connected to the right guiding rail.
Re: claim 21, the left guiding rail and the right guiding rail are disposed at the bottom of the seat frame respectively.
Re claim 22-25, a left linkage mechanism disposed between the slider and the left rear support, and a right linkage mechanism disposed between the slider and the right rear support.
Re: claim 26, a receiving cavity extending in a front-rear direction is disposed between the upper surface and the lower surface [of the sear frame], and at least part of the slider is contained within the receiving cavity.
Re: claim 27, the slider further comprises a transverse linking rod extending in a left-right direction with the transverse linking rod are connected to the left sliding rod and the right sliding rod respectively, and the linkage rod is pivotally connected to the transverse linking rod
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for relevant folding strollers with frame details similar to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN ANNE MILLER whose telephone number is (571)272-4356. The examiner can normally be reached M-F 8:00am-5:00pm (est).
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, Jason Shanske can be reached at (571) 270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.A.M./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
Prosecution Insights