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 .
DETAILED ACTION
Claims 1 – 14 have been examined.
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 8 – 9 and 12 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.
Claims 8 recites “a third inclined surface” but the claims lack any reference to a first or second inclined surface. This renders the claims indefinite, as it is unclear if first and second inclined surfaces are intended to be included in the claims or not. A similar defect exists in claim 12, in relation to “a second elastic member.” Appropriate correction is required.
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.
Claims 1 – 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (GB2544377), cited by Applicant. In regard to claim 1, Li discloses a backrest unlocking mechanism comprising a frame (Fig. 1, item 10), a backrest portion (Fig. 1, item 21), a backrest locking member (Fig. 3, item 43) and an unlock driving mechanism (Fig. 3, item 45), the backrest portion being pivotally connected to the frame (Figs. 12 and 13), the backrest locking member being engaged between the frame and the backrest portion (Figs. 3, 12, and 13), the unlock driving mechanism being connected to the backrest locking member (Fig. 3), the unlock driving mechanism driving the backrest locking member to slide, such that the backrest locking member disengages from the backrest portion to unlock the backrest portion (Figs. 3, 12, and 13).
In regard to claim 2, Li discloses wherein the frame has a positioning member, the backrest portion is pivotally connected to the positioning member, and the backrest locking member is engaged between the positioning member and the backrest portion (Fig. 3, item 40).
In regard to claim 3, Li discloses wherein a first inner gear is disposed inside the positioning member, a second inner gear is disposed inside the backrest portion, the backrest locking member has an outer gear, and the outer gear meshes with the first inner gear and the second inner gear (Fig. 3, items 431 and 412).
In regard to claim 4, Li discloses wherein the backrest portion comprises a backrest body and a backrest fixing member, the backrest body is fixedly connected to the backrest fixing member, and the second inner gear is disposed inside the backrest fixing member (Fig. 3, item 41).
In regard to claim 5, Li discloses wherein a pivot between the backrest portion and the positioning member penetrates the backrest locking member (Fig. 3, unnumbered post in cavity 411).
In regard to claim 6, Li discloses wherein the frame comprises a seat portion and the positioning member is fixedly connected to the seat portion (Fig. 3, item 42).
In regard to claim 7, Li discloses wherein the unlock driving mechanism comprises a backrest folding driving member, the backrest folding driving member abuts against the backrest locking member, and the backrest folding driving member slides to push the backrest locking member, such that the backrest locking member moves to disengage from the backrest portion (Fig. 3, item 51).
In regard to claim 8, Li discloses wherein the backrest folding driving member has a third inclined surface, the backrest locking member abuts against the third inclined surface, and the backrest folding driving member drives the backrest locking member to move by the third inclined surface (Fig. 8, item 511).
In regard to claim 9, Li discloses wherein the backrest locking member comprises an engaging portion and a fixing portion, the engaging portion is engaged between the frame and the backrest portion, the engaging portion is fixedly connected to the fixing portion, the backrest folding driving member is disposed between the engaging portion and the fixing portion, and the fixing portion abuts against the third inclined surface (Figs. 8 and 9, items 45 and 451).
In regard to claim 10, Li discloses wherein the unlock driving mechanism further comprises a second dragging member connected to the backrest folding driving member and capable of pulling the backrest folding driving member (Fig. 3, item 53).
In regard to claim 11, Li discloses wherein the unlock driving mechanism further comprises an unlock operating mechanism, the unlock operating mechanism is disposed on a handle and configured to unlock the frame, the unlock operating mechanism is connected to the second dragging member, and the unlock operating mechanism is operated to pull the second dragging member (Figs. 1 and 3).
In regard to claim 12, Li discloses wherein the backrest unlocking mechanism further comprises a second elastic member for returning backrest locking member, and the second elastic member is disposed between the backrest locking member and the frame (Fig. 3, item 44).
In regard to claim 13, Li discloses the stroller comprising the backrest unlocking mechanism (Fig. 1).
In regard to claim 14, Li discloses wherein the frame comprises a handle, a front foot and a rear foot, the handle, the front foot and the rear foot are coaxially and pivotally connected to each other, and a plurality of wheels are pivotally connected to a bottom of the front foot and a bottom of the rear foot (Fig. 1, items 12, 13, 11, and 14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cheng (7,632,035) discloses a folding baby stroller;
Hsu (8,485,547) discloses a stroller having a shock-absorbing function;
Ransil (9,908,551) discloses a travel stroller folding and latch mechanism;
Horst (10,399,589) discloses a child stroller apparatus;
Xu (CN104828120) discloses an infant vehicle frame with interlocking function.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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