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 – 20 have been examined.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Yang (10,994,764). In regard to claim 1, Yang discloses a stroller comprising a frame (Fig. 1, item 12), a sliding member rotatably connected to the frame (Fig. 1, items 13A and 14A), and a seat fixing base rotatably connected to the frame and slidably connected to the sliding member (Fig. 1, item 30A), wherein during folding of the frame, the frame drives the seat fixing base to slide downward with respect to the sliding member (Figs. 1 and 5 & column 6, lines 30 – 51).
In regard to claim 20, Yang discloses a seat, the seat being detachably disposed on the seat fixing base (column 1, lines 12 – 15 and a seat, not shown, attached at item 30A).
Allowable Subject Matter
Claims 2 – 19 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.
The following is a statement of reasons for the indication of allowable subject matter: Yang (10,994,764) discloses a stroller similar to the instant invention; however Yang, either alone or in combination, neither discloses nor suggests a stroller wherein (in regard to claim 2) the frame comprises a front linkage rod and a transverse rod, the sliding member is rotatably connected to the front linkage rod, and the seat fixing base is rotatably connected to the transverse rod, (in regard to claim 12) wherein the frame comprises a front linkage rod and a transverse rod, the sliding member is rotatably connected to the transverse rod or rotatably connected to a component between the transverse rod and the front linkage rod, and the seat fixing base is rotatably connected to the front linkage rod, and (in regard to claim 19) wherein a bottom of the seat fixing base has a sliding groove and the sliding member is disposed in the sliding groove. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lee (7,364,183) discloses a seat rotating device for baby strollers;
Zheng (9,701,332) discloses a stroller frame assembly;
Sellers et al. (2011/0291388) disclose a foldable stroller frame.
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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