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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 16 December 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 34 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruggiero et al. US 20170313339 A1 (hereinafter Ruggiero).
Re. Cl. 34, Ruggiero discloses a child basket comprising a seat body (Fig. 5, Ref. 200), a handle movably connected with the seat body (Fig. 8, Ref. 212) through a joint (Fig. 8, Ref. 216), a safety mechanism connected with the joint (Fig. 9, Ref. 234), a locking mechanism (Fig. 9, Ref. 229) comprising a locking member (Fig. 9, Ref. 230) slidably disposed within the joint, when both the safety mechanism and the locking mechanism are in a locking configuration, the safety mechanism blocks the movement path of the locking member (See Fig. 10), when the safety mechanism is pushed by an exerted force, the safety mechanism moves away from the movement path of the locking member to enable the locking member to unlock (Para. 0050), thereby the handle is rotatable with respect to the seat body around a handle shaft with an axis extending along the left-right direction of the seat body (See Fig. 5 - 7).
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.
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 35 – 37 & 50 – 53 are rejected under 35 U.S.C. 103 as being unpatentable over Ruggiero in view of Wright US 20170240072 A1 (hereinafter Wright).
Re. Cl. 35, Ruggiero fails to disclose a latching mechanism. Wright teaches a handle comprising an upper handle bar (Fig. 5, Ref. 66), a lower handle bar (Fig. 5, Ref. 66; Para. 0018) slidably disposed with respect to the upper handle bar and a latching mechanism (Fig. 5, Ref. 68) disposed between the upper handle bar and the lower handle bar to lock the handle in an extended position or a retracted position or unlock the handle to switch between the extended position and the retracted position (Para. 0018). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruggiero with Wright's teaching of a latching mechanism such that when the latching mechanism is unlocked to enable the upper handle bar slides downwardly with respect to the lower handle bar, the upper handle bar or the lower handle bar pushes against the safety mechanism of Ruggiero to move away from the movement path of the locking member to enable the handle to rotate with respect to the seat body around the handle shaft. Doing so allows a user to adjust the handle of the carrier to a desired height for comfortable use.
Re. Cl. 36, Ruggiero discloses that the locking mechanism comprises a first engaging member fixedly disposed on the seat body (Fig. 9, Ref. 214); a second engaging member (Fig. 10, Ref. 218A), the locking member is disposed between the first engaging member and the second engaging member (Fig. 10; Para. 0048); an elastic member (Fig. 10, Ref. 232), wherein the elastic member abuts against the locking member to bias the locking member to slide along the axis of the handle shaft to lock the locking member with respect to both the first engaging member and the second engaging member (Para. 0049); when the locking mechanism is in the locking configuration, the locking member is locked with respect to the first engaging member and the second engaging member respectively (See Fig. 10); when the locking mechanism is in an unlocking configuration, the locking member is locked with respect to only one of the first engaging member and the second engaging member, and is disengaged from the other one of the first engaging member and the second engaging member (See Fig. 11); when the locking member is moved, the locking mechanism is switched between the locking configuration and the unlocking configuration (See Fig. 10-11).
Re. Cl. 36, Ruggiero fails to disclose lower handle bar. Wright teaches a lower handle bar (Fig. 5, Ref. 66; Para. 0018). It would have been obvious to one having ordinary skill in the art to modify Ruggiero with Wright’s teaching of a lower handle bar such that the second engaging member is fixedly disposed at the lower end portion of the lower handle bar, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04(VI)(C). Doing so allows a user to rotate the telescopic handle to a preferred angle when in use.
Re. Cl. 37, Ruggiero discloses that the first engaging member is provided with at least one of a first groove radially recessed and extended along the axis of the handle shaft (Fig. 12, Ref. 270A); the second engaging member is provided with at least one of a second groove radially recessed and extended along the axis of the handle shaft (Fig. 12, Ref. 270B); the locking member is connected with a button exposed outside of the joint (Fig. 12; Ref. 226; Para. 0046); the locking member is slidably disposed along the axis of the handle shaft (See Fig. 9), a radially extended protrusion is provided on the locking member (See Fig. 12), and the protrusion extends along the axis of the handle shaft (See Fig. 12); when the locking mechanism is in the locking configuration, the protrusion is inserted into the first groove and the second groove respectively, so that the locking member is simultaneously engaged with the first engaging member and the second engaging member (Para. 0052-0053); when the locking mechanism is in the unlocking configuration, the protrusion is disengaged from one of the first groove and the second groove and inserted into the other one of the first groove and the second groove; when the button is pressed to drive the locking member to slide axially, the locking mechanism is switched between the locking configuration and the unlocking configuration (Para. 0052-0053).
Re. Cl. 50, Ruggiero discloses a child basket comprising a seat body (Fig. 5, Ref. 200), a handle movably connected with the seat body (Fig. 8, Ref. 212) through a joint (Fig. 8, Ref. 216), a safety mechanism connected with the joint (Fig. 9, Ref. 234), and a locking mechanism (Fig. 9, Ref. 229) comprising a locking member (Fig. 9, Ref. 230) slidably disposed within the joint, when both the safety mechanism and the locking mechanism are in a locking configuration, the safety mechanism blocks the movement path of the locking member (See Fig. 10), and when both the safety mechanism is unlocked handle to rotate with respect to the seat body around a handle shaft with an axis extending along the left-right direction of the seat body (See Fig. 5 - 7).
Re. Cl. 50, Ruggiero fails to disclose a latching mechanism. Wright teaches a handle comprising an upper handle bar (Fig. 5, Ref. 66), a lower handle bar (Fig. 5, Ref. 66; Para. 0018) slidably disposed with respect to the upper handle bar and a latching mechanism (Fig. 5, Ref. 68) disposed between the upper handle bar and the lower handle bar to lock the handle in an extended position or a retracted position or unlock the handle to switch between the extended position and the retracted position (Para. 0018). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruggiero with Wright's teaching of a latching mechanism such that when the latching mechanism is unlocked to enable the upper handle bar to slide downwardly with respect to the lower handle bar, the upper handle bar or the lower handle bar pushes against the safety mechanism of Ruggiero to move away from the movement path of the locking member to enable the handle to rotate with respect to the seat body around a handle shaft with an axis extending along the left-right direction of the seat body. Doing so allows the handles to be adjusted to a desired configuration, stay locked in that configuration, and to be unlocked and readjusted as desired.
Re. Cl. 51, Ruggiero fails to disclose a latching mechanism. Wright teaches that the handle has at least a push position with a first angle with respect to the seat body (See Fig. 4 & 5) and a basket position with a second angle with respect to the seat body (See Fig. 2 & 4); when the handle rotates with respect to the seat body around the handle shaft, a latching mechanism is switched from the unlocking state to the locking state, and the handle is switched from the push position to the basket position (Fig. 1, Ref. 70; Para. 0018 & 0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruggiero with Wright's teaching of a latching mechanism. Doing so allows a user to extend the handle from the extend push position to the retracted basket position, allowing the basket to fit within a desired space, such as inside a vehicle.
Re. Cl. 52, Ruggiero discloses a child stroller (Fig. 5, Ref. 100), comprising a frame (Fig. 5, Ref. 102 – 110) and wheels (Fig. 5, Ref. 118 – 120) disposed below the frame, the frame being provided with a child basket, wherein the child basket comprising a seat body (Fig. 5, Ref. 200), a handle movably connected with the seat body (Fig. 8, Ref. 212) through a joint (Fig. 8, Ref. 216), a safety mechanism connected with the joint (Fig. 9, Ref. 234), and a locking mechanism (Fig. 9, Ref. 229) comprising a locking member (Fig. 9, Ref. 230) slidably disposed within the joint, when both the safety mechanism and the locking mechanism are in a locking configuration, the safety mechanism blocks the movement path of the locking member (See Fig. 10), and when both the safety mechanism is unlocked handle to rotate with respect to the seat body around a handle shaft with an axis extending along the left-right direction of the seat body (See Fig. 5 - 7).
Re. Cl. 52, Ruggiero fails to disclose a latching mechanism. Wright teaches a handle comprising an upper handle bar (Fig. 5, Ref. 66), a lower handle bar (Fig. 5, Ref. 66; Para. 0018) slidably disposed with respect to the upper handle bar and a latching mechanism (Fig. 5, Ref. 68) disposed between the upper handle bar and the lower handle bar to lock the handle in an extended position or a retracted position or unlock the handle to switch between the extended position and the retracted position (Para. 0018). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ruggiero with Wright's teaching of a latching mechanism such that when the latching mechanism is unlocked to enable the upper handle bar to slide downwardly with respect to the lower handle bar, the upper handle bar or the lower handle bar pushes against the safety mechanism of Ruggiero to move away from the movement path of the locking member to enable the handle to rotate with respect to the seat body around a handle shaft with an axis extending along the left-right direction of the seat body. Doing so allows a user to extend and retract the handles as desired for different uses.
Re. Cl. 53, Ruggiero discloses that the frame having an unfolded configuration (See Fig. 3) and a folded configuration (See Fig. 5), and when the frame is in folded configuration, the frame is mounted on the base and the frame is provided with the child basket (See Fig. 5).
Claims 38 – 45 are rejected under 35 U.S.C. 103 as being unpatentable over Ruggiero in views of Wright as applied to claims 35 – 37 & 50 – 53 above, and further in view of Hong et al. CN 216580662 U (hereinafter Hong).
Re. Cl. 38, Ruggiero as modified by Wright fails to disclose a catch piece. Hong teaches that a safety mechanism comprises a catch piece (Fig. 14, Ref. 311), and when the upper handle bar (Fig. 14, Ref. 310) slides downwardly with respect to the lower handle bar (Fig. 14, Ref. 320) to a retracted position, the upper handle bar pushes the catch piece away from the movement path of the locking member (Para. 0068-0069). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of a catch piece. Doing so “prevents accidental unlocking of the frame due to misoperation” (Para. 0071).
Re. Cl. 39, Wright teaches a latching mechanism (Fig. 5, Ref. 68). Ruggiero as modified by Wright fails to disclose a locking pin. Hong teaches that a latching mechanism comprises a first locking pin (Fig. 20, Ref. 372) and a first locking hole (Fig. 20, Ref. 371) coordinated with the first locking pin, wherein one of the first locking pin and the first locking hole is disposed on the upper handle bar and the other one of the first locking pin and the first locking hole is disposed on the lower handle bar (Para. 0076), a first spring (Fig. 20, Ref. 374) is disposed between the first locking pin and the lower handle bar to exert a force biasing the first locking pin to move away from the first locking hole (See Fig. 20 & 22), and a guiding inclined surface (Fig. 21, Ref. 363); when the latching mechanism is in the locking configuration, the first locking pin is inserted into the first locking hole (See Fig. 20); when the latching mechanism is in the unlocking configuration, the first locking pin is disengaged from the first locking hole (See Fig. 22). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of a first locking pin such that a first guiding inclined surface is disposed on a side surface of the seat body of Ruggiero to intersect with the axis of the handle shaft. Doing so securely locks and unlocks the upper and lower handle bars to ensure the bars stay in their desired state, extended or reattracted, but can be adjusted as desired.
Re. Cl. 40, Ruggiero as modified by Wright fails to disclose a locking pin. Hong teaches the sliding direction of the first locking pin is perpendicular to the sliding direction of the upper handle bar with respect to the lower handle bar (Fig 20 – 23; Para. 0076 – 0078). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of a locking pin. Doing so ensures the pin is not dislodged by pulls or pushes by a user in the sliding direction of the handle bars when the carrier is in use.
Re. Cl. 41, Ruggiero as modified by Wright fails to disclose a guiding surface. Hong teaches that when the handle switches from a push position to a basket position, a guiding inclined surface (Fig. 21, Ref. 363) pushes the first locking pin to slide towards the first locking hole (Para. 0078). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of a guiding surface. Doing so allows for a restricted range of motion of the pin to prevent misalignment in the system as the handle changes positions and orientation.
Re. Cl. 42, Ruggiero as modified by Wright fails to disclose a guiding surface. Hong teaches that the axis of the handle shaft is perpendicular to the locking plane, and the first guiding inclined surface intersects with the locking plane (See Fig. 20 – 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of a guiding surface such that a locking plane is disposed on a side of the seat body of Ruggiero adjacent to the joint and when the handle is switched between the basket position and an anti-tilt position or a safety seat position of Ruggiero’s invention, the first locking pin presses against the locking plane and is slidably connected therewith, so that the latching mechanism is maintained in the locking configuration. Doing so prevents any unintentional or unwanted engagement of the pin.
Re. Cl. 43, Ruggiero as modified by Wright fails to disclose a slider. Hong teaches a slider (Fig. 20, Ref. 360) that is disposed between the first locking pin and the upper bar (See Fig. 20- 21) and slidable along a sliding direction of the upper handle bar with respect to the lower handle bar (See Fig. 20 - 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of a slider such that the slider is disposed between the first locking pin and a first guiding inclined surface disposed on a side surface of the seat body of Ruggiero, and the slider is configured to abut against the first guiding inclined surface. Doing so aligns the locking and unlocking direction of the latching mechanism with the direction of the handle bars, so that a vertical cable system can be uses, such as with a button on the handle, simplifying the latching mechanism for a user.
Re. Cl. 44, Ruggiero as modified by Wright fails to disclose a slider. Hong teaches that the slider is in contact with the first locking pin via a guiding inclined surface (Fig. 21, Ref. 363) disposed on at least one of the slider and the first locking pin (See Fig. 21), so that the sliding direction of the slider is perpendicular to the sliding direction of the first locking pin (See Fig. 20 – 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with a duplication of Hong's teachings of a guiding inclined surface such that second a guiding inclined surface is disposed on the slider (See Fig. 21), since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 124 USPQ 378. See MPEP 2144.04(VI)(B). Doing so restricts the locking and unlocking direction of the latching mechanism to a limited range of motion in line with the slider, preventing any unwanted movement in the latching mechanism.
Re. Cl. 45, Ruggiero as modified by Wright fails to disclose guiding inclined surfaces. Hong teaches two of the second guiding inclined surfaces are disposed on the slider (Fig. 15, Ref. 363 – 364) and the first locking pin respectively and are in face-to-face and sliding contact with each other (See Fig. 15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Ruggiero's invention with Hong's teachings of guiding inclined surfaces. Doing so further restricts the range of motion of the latching mechanism by enclosing connecting piece and preventing accidental misalignment.
Allowable Subject Matter
Claims 46 – 49 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. The closest prior art fails to disclose a circumferential surface on a joint, a second locking pin or a traction device that could be combined in a way that would have been obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Meeker et al. US 20050110318 A1, Nania et al. US 6446990 B1, Huang US 5549311 A, and Yi et al. WO 2024200866 A2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELILA S KEBEDE whose telephone number is (571)270-0369. The examiner can normally be reached 6:00AM - 2:00PM, Mon - Thurs.
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/GELILA KEBEDE/ Examiner, Art Unit 3632
/TERRELL L MCKINNON/ Supervisory Patent Examiner, Art Unit 3632
