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 § 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 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Singh et al. (US 2020/0385044).
In re claim 1, Singh teaches a stroller assembly, comprising: a foldable frame assembly, comprising: a top frame (34) including a handle bar (38); a bottom frame (24) pivotably coupled to the top frame such that the top frame is allowed to pivot along a longitudinal plane of the foldable frame assembly (via joint 32), the foldable frame assembly forming a collapsed configuration as a result of the top frame pivoting towards the bottom frame (fig. 5), the foldable frame assembly forming an extended configuration as a result of the top frame pivoting away from the bottom frame (fig. 1-2); and a first strut (42) assembly pivotably coupled to the bottom frame at a first angled joint (44), the first strut assembly including a first rear wheel axle (fig. 3), the first angled joint including a first axis of rotation that is angled relative to the longitudinal plane such that the first rear wheel axle pivots towards the longitudinal plane as the top frame pivots towards the bottom frame for forming the collapsed configuration (fig. 3-fig. 7); a second strut assembly pivotably coupled to the bottom frame at a second angled joint, the second strut assembly including a second rear wheel axle, the second angled joint including a second axis of rotation that is angled relative to the longitudinal plane such that the second rear wheel axis pivots towards the longitudinal plane as the top frame pivots towards the bottom frame (fig. 3 - fig. 7).
In re claim 12, Singh teaches a material seating portion coupled to the foldable frame assembly (par. 51).
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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Singh, as applied above.
In re claims 3 and 4, Singh differs in that it doesn’t teach the claimed angle. Nonetheless, the examiner takes the position it would be obvious to one of ordinary skill in the art to incorporate the claimed angles since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
In re claim 5, Singh teaches the first axis of rotation and the second axis of rotation extend along different planes (clear from figs. 3 and 7).
Allowable Subject Matter
Claims 6-11 and 13-16 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EREZ GURARI whose telephone number is (571)270-1156. The examiner can normally be reached Monday-Friday 8:00AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at (571) 272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EREZ GURARI/ Primary Examiner, Art Unit 3615
