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) 10, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larrison (20240166098). The reference to Larrison teaches structure as claimed including a base assembly to secure a car seat within an automobile, the assembly comprising: a base (18) having a front, a back and a top area extending between the front and the back; an arm(28) pivotally coupled to the base, the arm pivotal between a first position with the arm pivoted away from the top area and a second position with the arm pivoted adjacent the top area; and a tray(14) rotatably coupled to a top surface of the arm, such that the tray is rotatable with respect to the arm, the tray having a top surface adapted to releasably receive a car seat.
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) 1, 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Larrison (20240166098). The reference to Larrison teaches structure substantially as claimed as discussed above including a channel (depression of the base in which arm 28 is connected to. The positioning of the arm, near the front back, sides is a matter of design parameters and would have been obvious and well within the level of ordinary skill in the art and a reasonably predictable result of the structures.
Allowable Subject Matter
Claims 2-4, 7, 8, 9, 11-14, 16-20 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
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 tilting and rotated seating 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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