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 .
Election/Restrictions
Applicant’s election without traverse of species A fig.1-10B claims 1-28 in the reply filed on 04/13/2026 is acknowledged.
Claims 29-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/13/2026. Claims 4-8, 12, 13, 16, 18-24 and 27-28 are additional withdrawn for being directed towards non-elected species F fig. 18-21. Claim 15 is withdrawn for being directed towards non-elected species C fig. 12A-15. Claims 9-11 are also withdrawn for being directed to non-elected species G fig.22A-22B.
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 & 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,615,427 hereinafter referred to as Huang. Huang discloses:
As per claim 1 a playard assembly 10 fig.1 comprising: a playard 10 having at least one playard connector 23 fig.8 at least partially defined at a playard corner region; a topper assembly 50 fig.1 having at least one topper connector 53 fig.8 at least partially defined at a topper corner region; and at least one actuator 534 fig.8 configured to selectively control engagement between the at least one topper connector and the at least one playard connector.
As per claim 14 wherein the playard comprises at least one corner post 11 fig.2, and the at least one playard connector 23 is positioned at an end of the at least one corner post (see fig.2 & 8).
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.
Claim(s) 2-3, 17, 25 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of US Patent 9,066,607 hereinafter referred to as Ransil.
Re-Claim 2
Huang discloses the claimed apparatus wherein the topper assembly comprises a first rim 50 fig.1 and at least one frame connector 23. However does not disclose a second rim; and at least one frame connector configured to connect the first rim and the second rim.
Ransil teaches a playard assembly 10 fig.1 comprising: a playard 10; a topper assembly 30 fig.8; wherein the topper assembly comprises: a first rim 32, 33 fig.8; a second rim 37, 38 fig.8; and at least one frame connector 351, 352, 361, 362 fig.8 configured to connect the first rim and the second rim.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the topper assembly of Huang and the collapsible topper assembly of Ransil with a reasonable expectation of success arrived at a playard having an attachable topper assembly that can be collapsed. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having a collapsible topper that is stable in the deployed position and collapsible for easy storage as taught in Ransil [see claim 1].
Re-Claim 3
Huang as modified by Ransil above discloses,
wherein the first rim consists of two first frame halves, and the second rim consists of two second frame halves (see fig.8 Ransil).
Re-Claim 17
Huang as modified by Ransil above discloses,
Huang discloses wherein the at least one actuator 534 is supported at least partially by the frame connector 23 (see fig.8)
Re-Claim 25
Huang discloses a topper assembly 50 fig.1 configured to be selectively attached to a playard 10 fig.1, the topper assembly comprising: a second frame 52; a plurality of topper connectors 23 fig.8 each configured to be selectively engaged with the playard; and a first actuator 534 fig.8 and a second actuator 534 each arranged on the second frame, wherein the first and second actuators are each configured to control engagement of the plurality of topper connectors with the playard.
However does not disclose a first frame and a second frame; a first frame connector and a second frame connector each connecting the first frame and the second frame.
Ransil teaches a playard assembly 10 fig.1 comprising: a playard 10; a topper assembly 30 fig.8; wherein the topper assembly comprises: a first frame 37, 38 fig.8; a second frame 32, 33 fig.8; and a first frame connector and a second frame connector 351, 352, 361, 362 fig.8 each connecting the first frame and the second frame.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the topper assembly of Huang and the collapsible topper assembly of Ransil with a reasonable expectation of success arrived at a playard having an attachable topper assembly that can be collapsed. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of having a collapsible topper that is stable in the deployed position and collapsible for easy storage as taught in Ransil [see claim 1].
Re-Claim 26
Huang as modified by Ransil above discloses,
Huang discloses wherein the first actuator and the second actuator are each at a respective one of the first frame connector and the second frame connector (see fig.8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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