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 .
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 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. The expression “the movement” has no definite antecedent basis in the claims.
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(s) 1, 2, 3, 5, 9, 10, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (20200331510). The reference to Kim teaches structure as claimed including a carrier comprising: a main body forming a carrying space (at least fig 1); a canopy assembly (at least fig 5) disposed to the main body of the carrier or a cloth at least partially covering the main body, and comprising: a canopy (at least fig 14); a canopy connecting assembly disposed between the canopy and the main body or between the canopy and the cloth, so that the canopy and the main body or the cloth are detachably connected with each other (at least figs 2, 3, 5), wherein the canopy connecting assembly comprises: a canopy frame connected to a periphery of the canopy for supporting the canopy, and detachably disposed at a periphery of an opening of the main body; and a releasing operation element disposed on the canopy frame or a bracket device sleeved outside the main body, and capable of being operated to move from a locking position to an unlocking position, so that the canopy assembly is unlocked with respect to the main body.(at least figs 3, 5), the main body further comprises a bracket device configured to support the main body and comprising a first bracket, wherein the first bracket is disposed around the opening of the main body; and the canopy connecting assembly is detachably connected to the first bracket (fig 5), the canopy connecting assembly comprises: a canopy locking device at least partially disposed on the canopy frame, for cooperating with a canopy locking part correspondingly disposed on the carrier to lock the canopy assembly above the main body (211, 212, 140, at least figs 9-12), the canopy locking device comprises: a locking element mounted on the canopy frame, and engaged with or disengaged from the canopy locking part by moving with respect to the canopy frame, so as to lock or unlock the canopy frame to the main body, the canopy locking device further comprises the releasing operation element, and the releasing operation element operatively acts on the locking element, wherein when the releasing operation element is in the locking position, the locking element is engaged with the canopy locking part, and when the releasing operation element is operated to the unlocking position, the locking element is disengaged from the canopy locking part, the canopy locking device comprises two locking elements, and the two locking elements are disposed in mirror symmetry in the canopy locking device and are respectively pivotally connected to both sides of the releasing operation element, the releasing operation element is disposed on the canopy locking part and is movable between the locking position and the unlocking position with respect to the canopy locking part; the locking element is connected to the canopy frame and protrudes from the canopy frame to the bracket device of the carrier; the canopy locking part is connected with the releasing operation element to be able to move along with operation of the releasing operation element, so as to engage with or disengage from the locking element, the canopy frame has a triple-section folding structure (at least fig 13).
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (20200331510). The reference to Kim teaches structure substantially as claimed as discussed above. The use of rubberized grips to provide aesthetics, comfort, no slip surface is well known and to use such conventional structure and knowledge for the same intended purpose would have been obvious and well within the level of ordinary skill in the art and a reasonably predictable result. Further, all materials have a modulus of elasticity and therefore are flexible.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (20200331510) as applied to the claims above, and further in view of Jakubowski et al (20200296919). The reference to Kim teaches structure substantially as claimed as discussed above, including a connecting structure, the only difference being that the connecting structure does not include a connecting element and mating element.. However, the reference to Jakubowski et al teaches the use of connecting and mating elements (110a, 115) to provide lockability of the canopy to be old. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Kim with a reasonable expectation of success, to include connecting and mating elements, as taught by Jakubowski et al since such are conventional alternative structures used in the same intended purpose and environment and would have been a reasonably predictable result, thereby providing structure as claimed.
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 6, 7, 8, 11, 12, 13, 14, 16, 17, 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited teach structure similar to applicant’s including canopy and canopy connecting structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571 270 3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE V CHEN/Primary Examiner, Art Unit 3637
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