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 as failing to comply with 37 CFR 1.84(p)(4) because reference character “322a” in figure 8 has been used to designate both belt channels where previously, namely in figure 7, one belt channel was labeled “322a” and the other was labeled “322b”. 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. 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.
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: reference character “368” in figure 8. 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. 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 § 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.
Claims 1-7, 10-11 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kassai (US-7753445-B2).
Kassai discloses a rotatable automobile child seat.
Claim 1 – Kassai teaches a car seat (figures 1-3), comprising:
a seat shell (element 30 in figure 3); and
a base (element 10 in figure 3), wherein the base comprises a receiving portion (element 11 in figure 3) and a backing portion (element 12 in figure 3), the backing portion having a first side (figure 3), an opposite second side (figure 3), and a top side between the first side and the opposite second side (figure 3), the backing portion further comprising a rear surface (the surface of element 12 in figure 3 that rests against element 1) and an opposite forward surface (the side of element 12 in figure 3 that is opposite the side resting against element 1), wherein the backing portion further comprises a belt guide (figure 3),
wherein the belt guide comprises:
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a slot opening at the top side (element A in Image 1 above),
a slot (element 14 in Image 1 above), and
a belt channel extending between the rear surface and the forward surface (element B Image 1 above).
Claim 2 – Kassai teaches the seat shell is rotatable relative to the base (figures 1-3).
Claim 3 – Kassai teaches the base further comprises a receiving feature (element C in Image 1 above).
Claim 4 – Kassai teaches the receiving feature is a downward-oriented hook (element C in Image 1 above).
Claim 5 – Kassai teaches the belt channel comprises a first end and a second end, and wherein at least a portion of the receiving feature extends between the second end and the top side of the base (Image 1 above).
Claim 6 – Kassai teaches a belt pathway extends from the rear surface to the opposite forward surface through the belt channel (figure 3).
Claim 7 – Kassai teaches the base includes a reference midline equidistant between the first side and the second side, and wherein the belt channel is on a first side of the reference midline (the seat base of Kassai is symmetrical, meaning the reference midline of the seat base is equidistant between the first and second sides).
Claim 10 – Kassai teaches the slot, as it extends from the slot opening to the belt channel, is biased at an inward angle toward the reference midline of the base (figure 3).
Claim 11 – Kassai teaches a width of the belt channel is greater than a height of the belt channel (figure 3).
Claim 13 – Kassai teaches the base further comprises a first belt cover and a second belt cover (element 13 in figure 3).
Claim 14 – Kassai teaches a belt pathway extends between the forward surface and the first belt cover (figure 3).
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.
Claims 8, 9, 12, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kassai (US-7753445-B2) alone.
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Claim 8 – Kassai does not explicitly teach a belt pathway extends exclusively on the first side of the reference midline on the forward surface.
Image 2 above shows a potential alternate belt pathway routing of Kassai’s disclosure. In Image 2, the belt goes over and through the right side (first side of the reference midline) belt cover, travels along the rear surface and out the left side (second side of the reference midline) to be buckled, extending exclusively and solely on the first side of the reference midline on the forward surface. It would have been obvious to one of ordinary skill in the art to route the belt pathway as shown in Image 2 since it has been held that rearranging parts of an invention involves only routine skill in the art.
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Claim 9 – Kassai does not explicitly teach a belt pathway extends from a second side of the reference midline to the first side of the reference midline on the rear surface and through the belt channel and continues exclusively on the first side of the reference midline on the forward surface.
Image 3 above shows a potential alternate belt pathway routing of Kassai’s disclosure. In Image 3, the belt pathway travels upward from the buckle and through the belt channel on the left side (second side of the reference midline), extends from the second side of the reference midline to the right side (first side of the reference midline) and from there continues exclusively on the first side of the reference midline on the forward surface, after going through the belt channel on the first side of the reference midline. It would have been obvious to one of ordinary skill in the art to route the belt pathway as shown in Image 3 since it has been held that rearranging parts of an invention involves only routine skill in the art.
Claim 12 – Kassai teaches a car seat including a belt channel for receiving a seat belt. Although Kassai does not explicitly disclose that the width of the belt channel is between 1.5 inches and 4 inches, it is noted that the channel is approximately the size of a typical seat belt, which is ordinarily within this range.
It would have been obvious to a person of ordinary skill in the art to configure the belt channel of Kassai to have a width between 1.5 and 4 inches as claimed, since this range corresponds to the standard size of seat belts, and optimizing or dimensioning a known element to fit its intended purpose would have been a routine matter of design choice, yielding predictable results.
Claim 15 – Kassai teaches a car seat (figures 1-3), comprising:
a seat shell (element 30 in figure 3); and
a base (element 10 in figure 3), wherein the base comprises a receiving portion (element 11 in figure 3) and a backing portion (element 12 in figure 3), the backing portion having a first side (figure 3), an opposite second side (figure 3), and a top side between the first side and the opposite second side (figure 3), the backing portion further comprising a rear surface (the surface of element 12 in figure 3 that rests against element 1) and an opposite forward surface (the side of element 12 in figure 3 that is opposite the side resting against element 1), wherein the backing portion further comprises a reference midline equidistant between the first side and the second side (the seat base of Kassai is symmetrical, meaning the reference midline of the seat base is equidistant between the first and second sides), wherein the opposite forward surface comprises a first belt cover at least partially obscuring a first portion of the forward surface (element 13 in figure 3), wherein the backing portion further comprises a belt guide (figure 3),
wherein the belt guide comprises:
a slot opening at the top side (element A in Image 1 above),
a slot extending from the top side toward the receiving portion (element 14 in Image 1 above), and
a belt channel extending between the rear surface and the forward surface (element B Image 1 above),
and Kassai teaches a belt pathway (element 2 in figure 3).
Kassai does not explicitly teach the belt pathway extending from a second side of the reference midline to a first side of the reference midline on the rear surface and through the belt channel and continues on the first side of the reference midline on the forward surface.
Image 3 above shows a potential alternate belt pathway routing of Kassai’s disclosure. In Image 3, the belt goes under the right side (second side of the reference midline) belt cover, travels along the rear surface and through the belt channel on the left side (first side of the reference midline) and continues exclusively on the first side of the reference midline. It would have been obvious to one of ordinary skill in the art to route the belt pathway as shown in Image 3 since it has been held that rearranging parts of an invention involves only routine skill in the art.
Claim 16 – Kassai teaches the first belt cover is cantilevered away from the reference midline of the forward surface (element 13 in figure 3).
Claim 17 – Kassai does not explicitly teach that on the forward surface the belt pathway extends on a same side of the reference midline as the belt channel.
Image 2 above shows a potential alternate belt pathway routing of Kassai’s disclosure. In Image 2, the belt goes over and through the right side (first side of the reference midline) belt cover, travels along the rear surface and out the left side (second side of the reference midline) to be buckled, extending on the same side of the reference midline as the belt channel. It would have been obvious to one of ordinary skill in the art to route the belt pathway as shown in Image 2 since it has been held that rearranging parts of an invention involves only routine skill in the art.
Claim 18 – Kassai teaches the seat shell is rotatable relative to the base (figures 1-3).
Claim 19 – Kassai teaches a width of the belt channel is greater than a height of the belt channel (figure 3).
Claim 20 – Kassai teaches a second belt cover at least partially obscures a second portion of the forward surface and is located on an opposite side of the reference midline from the first belt cover (element 13 in figure 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:30 AM - 2:30 PM EST.
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, DAVID DUNN can be reached at (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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