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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the shielding sheet (claim 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Applicant’s specification reveals the shielding sheet corresponds to element 212. This reference numeral is not found in the figures. Further, the figures do not appear to show any structure which would shield a zipper (as required by claim 4).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 4 is 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 4 recites: “wherein a shielding sheet is disposed at a side surface of the seat for shielding the zipper.” The shielding sheet is not understood. What is the shielding sheet and how does it shield the zipper? Is the shielding sheet a flap of fabric? The metes and bounds of the claimed shielding sheet are indeterminable. The confusion is compounded due to the lack of the shielding sheet in the figures. As expressed above, the figures do not appear to show any structure which would shield a zipper (as required by claim 4).
Claim Rejections - 35 USC § 102 or 35 USC § 103
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.
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) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Brown (US 2016/0347220).
Regarding claim 1, Brown teaches: a baby carrier, comprising:
a seat (including at least elements 101, 202; see Fig. 3);
a baffle cloth (see at least any of blankets 308, 408, 508) having one end connected to a front end of the seat, and having the other end detachably disposed on a side surface of the seat (see especially Figs. 3 and 4 and [0124-0125]); and
a storage bag (116, 124, 502 and/or 614) disposed at a bottom surface of the seat (see the embodiment described in [0132], having only bottom pockets and no top pockets), wherein the baffle cloth surrounds and wraps the front end of the seat and is received into the storage bag after being separated from the seat.
Those having ordinary skill in the art would understand that, for the embodiment where the blanket/baffle cloth is stored under the front side of the seat in the storage bag, the blanket would wrap around the front end of the seat while in use. See also baffle cloth (712) surrounding and wrapping the front end of the seat in Figs. 7A,B.
Relevant elements are best shown in Figs. 3, 4, and 5a. See also [0127], where Brown describes a blanket being held in the bottom pocket/storage bag.
Brown describes features relating to top pocket 116. Those having ordinary skill in the art would understand that, for the relied upon embodiment having a blanket stored in a bottom pocket, these features from pocket 116 would be flipped and located at a bottom surface of the seat. Should it be found that Brown fails to explicitly teach the features of any of the disclosed pockets located at a bottom surface of the seat, those having ordinary skill in the art would find it obvious to locate these features on a bottom pocket/storage bag, as such a modification would yield a mere change in location of parts. This modification/variation has been contemplated by Brown by the suggestion of the presence of only bottom pockets. It would be obvious to provide the bottom storage bag/pocket at any location on the baby carrier which facilitates sufficient access to the stored blanket/baffle cloth. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the features from pocket/storage bag 116 on a bottom surface of the seat as a matter of design choice, yielding the same predictable results, since such a modification is a change of location of parts. The rearranging of parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 2, Brown further teaches: wherein one end of the baffle cloth is detachably connected to the inside of the storage bag. See at least [0125].
Regarding claim 3, Brown further teaches: an opening of the storage bag comprises a zipper. See at least [0125].
Regarding claim 4, Brown further teaches: a shielding sheet (616) is disposed at a side surface of the seat for shielding the zipper. See [0153-0154] and Fig. 6A.
Regarding claim 5, Brown further teaches: wherein the baffle cloth comprises a first connecting component and a second connecting component for locking a position of the baffle cloth when the second connecting component is coupled with the first connecting component. See at least the snap connectors described in [0128, 0129].
Regarding claim 7, Brown further teaches: wherein the first connecting components and the second connecting components are respectively a male button and a female button of press buttons. See at least the snap connectors described in [0128, 0129].
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.
Claim(s) 6 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown, as relied upon above, alone.
Regarding claim 6, Brown fails to explicitly teach the material on which the second connecting component is disposed. As such, Brown fails to teach: the baffle cloth comprises a webbing, and the second connecting component is disposed on the webbing.
Those having ordinary skill in the art would find it obvious to provide the webbing described in the claim as an obvious design choice, yielding the same predictable results, as such a modification would require a mere change in materials. Webbing is a well-known material used as a trim. Fasteners can exert pulling forces onto the materials on which they are mounted. Those having ordinary skill in the art would find it obvious to provide the baffle cloth comprises a webbing, and the second connecting component is disposed on the webbing, because webbing is a strong material, resistant against pulling and tearing. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, it is common knowledge to those of ordinary skill in the art to choose a material that has sufficient strength for the intended use of the material.
Claim(s) 8 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown, as relied upon above, in view of Gibbons (US 8,550,548).
Regarding claim 8, Brown fails to teach: an edge of the baffle cloth is provided with an elastic band. Gibbons teaches: an edge of the baffle cloth is provided with an elastic band. See column 5, lines 4-14. Before the effective filing date of the claimed invention, it would be obvious to provide an edge of the baffle cloth from Brown with an elastic band, as suggested by Gibbons; the motivation being: to hold the baffle cloth in place.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional prior art of record relates to baby carriers having features, including baffle cloths and storage bags, relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA K FRICK whose telephone number is (571)270-5403. The examiner can normally be reached 9AM-5PM EST M, T, F.
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, Allen Shriver can be reached at (303) 297-4324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMA K FRICK/ Primary Examiner, Art Unit 3613
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