DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on January 02, 2025. Claims 1, 5, 6, 7, 9, 13, 14, 17, 18, 19, 22, 25, 26, 28, 29, 30, 31, 35, 36 & 37.
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 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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Publication Number 2015 / 0272342 A1) to Schaarschmidt.
Regarding claim 1, Schaarschmidt discloses a baby carrier (See Figure 1) comprising a pouch component (20) and a waist belt (10 & 12), wherein a bottom (26 & 26’) of the pouch component (20) is selectively connected {i.e. via (27A, 27B, 27A’ & 27B’) & (17A, 17B, 17A’ & 17B’) in Figures 1 & 2} to the waist belt (10 & 12) so that the baby carrier (See Figure 1) has at least two operating states {(i.e. via (B1) Narrow Width Operating State in Figure 2) & (i.e. via (B2) Wide Width Operating State in Figure 4) (See Abstract) (See Figures 1, 2, 3 & 4)}.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Publication Number 2015 / 0223614 A1) to Pos.
Regarding claim 1, Pos discloses a baby carrier (11) comprising a pouch component (12) and a waist belt (10), wherein a bottom of the pouch component (12) is selectively connected (i.e. via (17 & 18) in Figure 1) to the waist belt (10) so that the baby carrier (11) has at least two operating states {(i.e. via Narrow Width (B) Operating State) & (i.e. via Wide Width (B) Operating State) (See Paragraphs 0033, 0034 & 0035) (See Figures 1 & 3)}.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Number 10,271,663 B2) to Salazar.
Regarding claim 1, Salazar discloses a baby carrier (10) comprising a pouch component (12) and a waist belt (66 & 68), wherein a bottom (24A & 24B) of the pouch component (12) is selectively connected (i.e. via Left & Right (80 & 82) in Figure 2) to the waist belt (66 & 68) so that the baby carrier (10) has at least two operating states {(i.e. via Fastened Stretched Wide Width (24A & 24B) Operating State in Figure 2) & (i.e. via Un-Fastened Gathered Narrow Width (24A & 24B) Operating State in Figure 3) (See Abstract) (See Figures 2 & 3)}.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Publication Number 2022 / 0047095 A1) to Gilboa.
Regarding claim 1, Gilboa discloses a baby carrier (100) comprising a pouch component (102) and a waist belt (132A & 132B), wherein a bottom (108) of the pouch component (102) is selectively connected (i.e. via Left & Right Zippers (134 & 136) in Figure 1) to the waist belt (132A & 132B) so that the baby carrier (100) has at least two operating states {(i.e. via (136) Operating State Connection in Figures 3A & 3B) & (i.e. via (134) Oerating State Connection in Figures 2A & 2B)}.
Claim(s) 1, 6, 9 & 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (KR 20170003426 U) to Cha Bok-Hee.
Regarding claim 1, Cha Bok-Hee discloses a baby carrier (100) comprising a pouch component (i.e. Body Portion (100) in Figures 3 & 4) and a waist belt (200), wherein a bottom (105) of the pouch component (i.e. Body Portion (100) in Figures 3 & 4) is selectively connected (i.e. via Zipper (106, 107 & 108) in Figure 4) to the waist belt (200) so that the baby carrier (100) has at least two operating states {(i.e. via Zipper (108) connection configuration in Figures 6 & 7) & (i.e. via Zipper (107) connection configuration in Figures 9 & 10)}.
Regarding claim 6, Cha Bok-Hee discloses wherein the bottom (105) of the pouch component (i.e. Body Portion (100) in Figures 3 & 4) is provided with at least two third connecting members (i.e. via Zippers (106, 107 & 108) in Figure 4) along a height direction (See Figure 4), and the waist belt (200) is provided with a fourth connecting member (202), the fourth connecting member (202) being selectively removably connected to one of the at least two third connecting members (i.e. via Zipper (106, 107 & 108) in Figure 4).
Regarding claim 9, Cha Bok-Hee discloses wherein: a bottom edge (i.e. Bottom Edge Portion of (105) in Figure 4) of the pouch component (i.e. Body Portion (100) in Figures 3 & 4) is connected to a top edge (i.e. Top Edge Portion of (200) in Figure 5) of the waist belt (200);
the baby carrier (100) has a third operating state and a fourth operating state;
when the baby carrier (100) is in the third operating state, the pouch component (100) and the waist belt (200) are in an unfolded state (See Figures 3 & 4); and
when the baby carrier (100) is in the fourth operating state, a bottom edge (i.e. Bottom Edge Portion of (105) in Figure 4) of the waist belt (200) is folded upwards (See Figures 6 & 9) and removably connected (i.e. via Zipper (108 or 107) in Figures 6 & 9) to the pouch component (100).
Regarding claim 14, Cha Bok-Hee discloses wherein the pouch component (i.e. Body Portion (100) in Figures 3 & 4) of the baby carrier (100) provides, in the at least two operating states {(i.e. via Zipper (108) connection configuration in Figures 6 & 7) & (i.e. via Zipper (107) connection configuration in Figures 9 & 10)}, different seating heights for an infant or a child sitting in the baby carrier (100), or wherein the pouch component (i.e. Body Portion of (100) in Figures 3 & 4) of the baby carrier (100) has different effective use lengths in the at least two operating states {(i.e. via Zipper (108) connection configuration in Figures 6 & 7) & (i.e. via Zipper (107) connection configuration in Figures 9 & 10)}.
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) 13 is rejected under 35 U.S.C. 103 as being unpatentable over (KR 20170003426 U) to Cha Bok-Hee in view of (U.S. Patent Publication Number 2011 / 0290831 A1) to Wang and (U.S. Patent Publication Number 2020 / 0163466 A1) to Telford.
Regarding claim 13, Cha Bok-Hee discloses an upper part (118) of the pouch component (100) is provided with two shoulder straps (i.e. Left & Right (117) in Figure 3).
However, Cha Bok-Hee lacks and does not explicitly disclose two connecting lugs extending obliquely upwards, and the two shoulder straps and the two connecting lugs being connected through a buckle.
Wang teaches two sides of the pouch component (4) are provided with two connecting lugs (i.e. Left & Right (11) in Figure 1A) extending obliquely upwards (See Figure 1), the two shoulder straps (i.e. Left & Right (6) in Figure 1A) and the two connecting lugs (i.e. Left & Right (11) in Figure 1A) being connected through a buckle (12) (See Figures 1A, 1B, 2A, 2B & 2C).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make two connecting lugs extending obliquely upwards, and the two shoulder straps and the two connecting lugs being connected through a buckle as taught by Wang with the baby carrier of Cha Bok-Hee in order to provide quick, easy and fast connections.
However, Cha Bok-Hee lacks and does not explicitly disclose an opening, foldable lining being accommodated in the opening.
Telford teaches an inner side surface (i.e. via Inner Side of (160) in Figure 1) or an outer side surface of each of the two shoulder straps (160) is provided with an opening (i.e. via Slit (162) in Figure 1), foldable lining (i.e. Folded Material) being accommodated in the opening (i.e. via Slit (162) in Figure 1) (See Paragraph 0066).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make an inner side surface of the shoulder strap is provided with an opening, foldable lining being accommodated in the opening as taught by Telford with the baby carrier of Cha Bok-Hee in order to allow the shoulder straps to widen (See Paragraph 0066).
Allowable Subject Matter
Claims 5, 7, 17, 18, 19, 22, 25, 26, 28, 29, 30 & 31 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.
Claims 35, 36 & 37 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Number 5,203,482) to Puff teaches an inner side surface (i.e. via Inner Side of (1) in Figures 3, 5 & 6) or an outer side surface of each of the two shoulder strap (1) is provided with an opening (i.e. via Gap Opening of (1) in Figures 3 & 5), foldable lining (5) being accommodated in the opening (i.e. via Gap Opening of (1) in Figures 3 & 5) (See Figures 1, 3 & 5).
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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