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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-30 of U.S. Patent No. 12,490,840 in view of Krogh (US 2004/0238579).
The claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail; except does not expressly disclose the neck support and associated fasteners as claimed.
However, Krogh discloses a similar baby carrier with an adjustable neck support (40); a first set of neck support fasteners (5bs); a second set of neck support fasteners (5bs), wherein securing the adjustable neck support to the first set of neck support fasteners is capable of configuring the adjustable neck support in an outward folded down position (via manual manipulation by wearer, and wherein securing the adjustable neck support to the second set of neck support fasteners configures the adjustable neck support in an extended position (functional recitations).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the neck support and first and second attachments taught by Krogh to the shoulder straps of the carrier taught by PV2010-531, in order to provide neck support to the child being carried as taught by Krogh (para 0139).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-25 of U.S. Patent No. 12,016,470 in view of Krogh (US 2004/0238579).
The claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail; except does not expressly disclose the neck support and associated fasteners as claimed.
However, Krogh discloses a similar baby carrier with an adjustable neck support (40); a first set of neck support fasteners (5bs); a second set of neck support fasteners (5bs), wherein securing the adjustable neck support to the first set of neck support fasteners is capable of configuring the adjustable neck support in an outward folded down position (via manual manipulation by wearer, and wherein securing the adjustable neck support to the second set of neck support fasteners configures the adjustable neck support in an extended position (functional recitations).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the neck support and first and second attachments taught by Krogh to the shoulder straps of the carrier taught by PV2010-531, in order to provide neck support to the child being carried as taught by Krogh (para 0139).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 11,786,055. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,232,633. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-20 of U.S. Patent No. 11,583,104 in view of Krogh (US 2004/0238579).
The claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail; except does not expressly disclose the neck support and associated fasteners as claimed.
However, Krogh discloses a similar baby carrier with an adjustable neck support (40); a first set of neck support fasteners (5bs); a second set of neck support fasteners (5bs), wherein securing the adjustable neck support to the first set of neck support fasteners is capable of configuring the adjustable neck support in an outward folded down position (via manual manipulation by wearer, and wherein securing the adjustable neck support to the second set of neck support fasteners configures the adjustable neck support in an extended position (functional recitations).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the neck support and first and second attachments taught by Krogh to the shoulder straps of the carrier taught by PV2010-531, in order to provide neck support to the child being carried as taught by Krogh (para 0139).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-20 of U.S. Patent No. 11,051,634 in view of Krogh (US 2004/0238579).
The claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail; except does not expressly disclose the neck support and associated fasteners as claimed.
However, Krogh discloses a similar baby carrier with an adjustable neck support (40); a first set of neck support fasteners (5bs); a second set of neck support fasteners (5bs), wherein securing the adjustable neck support to the first set of neck support fasteners is capable of configuring the adjustable neck support in an outward folded down position (via manual manipulation by wearer, and wherein securing the adjustable neck support to the second set of neck support fasteners configures the adjustable neck support in an extended position (functional recitations).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the neck support and first and second attachments taught by Krogh to the shoulder straps of the carrier taught by PV2010-531, in order to provide neck support to the child being carried as taught by Krogh (para 0139).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-20 of U.S. Patent No. 10,426,275 in view of Krogh (US 2004/0238579).
The claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail; except does not expressly disclose the neck support and associated fasteners as claimed.
However, Krogh discloses a similar baby carrier with an adjustable neck support (40); a first set of neck support fasteners (5bs); a second set of neck support fasteners (5bs), wherein securing the adjustable neck support to the first set of neck support fasteners is capable of configuring the adjustable neck support in an outward folded down position (via manual manipulation by wearer, and wherein securing the adjustable neck support to the second set of neck support fasteners configures the adjustable neck support in an extended position (functional recitations).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the neck support and first and second attachments taught by Krogh to the shoulder straps of the carrier taught by PV2010-531, in order to provide neck support to the child being carried as taught by Krogh (para 0139).
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/659,053 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application include essentially the same structural elements as the patented claims with only minor variations in verbiage and level of detail.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PV2010-531 in view of Krogh (US 2004/0238597).
PV2010-531 discloses an adjustable child carrier, the adjustable child carrier comprising: a main body (3+5) configured to support a child, the main body forming first and second thigh supports and a seat portion, wherein the seat portion cooperates with the first and second thigh supports to form a bucket seat; a first adjustable shoulder strap coupled to the main body and configured to extend over a first shoulder of a wearer (1); a second adjustable shoulder strap coupled to the main body and configured to extend over a second shoulder of the wearer (other 1);; an adjustable waist belt (8) adapted for securing about hips of the wearer; first and second base width adjusters (7+15) coupled to the first and second thigh supports, wherein the first and second base width adjusters are configured to selectively couple to multiple locations on the adjustable waist belt to thereby adjust a width of the bucket seat (10s); except does not expressly disclose the neck support and fasteners as claimed.
However, Krogh discloses a similar baby carrier with an adjustable neck support (40); a first set of neck support fasteners (5bs); a second set of neck support fasteners (5bs), wherein securing the adjustable neck support to the first set of neck support fasteners is capable of configuring the adjustable neck support in an outward folded down position (via manual manipulation by wearer, and wherein securing the adjustable neck support to the second set of neck support fasteners configures the adjustable neck support in an extended position (functional recitations).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the neck support and first and second attachments taught by Krogh to the shoulder straps of the carrier taught by PV2010-531, in order to provide neck support to the child being carried as taught by Krogh (para 0139).
PV2010-531 as modified above further results in a device wherein selectively positioning the first base adjuster and the second base adjuster at the first setting adjusts the width of the bucket seat to a first width, wherein selectively positioning the first base adjuster and the second base adjuster at the second setting adjusts the width of the bucket seat to a second width greater than the first width, and wherein selectively positioning the first base adjuster and the second base adjuster at the third setting adjusts the width of the bucket seat to a third width greater than the first width and the second width (functional recitations).
Regarding claims 3, 4, 13, 14, and 18-20, PV2010-531 as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the specific height range of the child occupants at the various adjustment positions as claimed.
It would have been an obvious matter of design choice to size the child carrier as needed to carry the claimed size of child, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claims 5 and 8, PV2010-531 as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the second set of neck support fasteners being located on the adjustable shoulder straps as claimed.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to construct the PV2010-531 as modified above child carrier with the second set of neck support fasteners being located on the adjustable shoulder straps, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
PV2010-531 as modified above further results in a device wherein the first setting is defined by a first pair of discrete positions located on the waist belt and positioning the first base width adjuster and the second base width adjuster at the first pair of discrete positions configures the adjustable child carrier in the first setting and adjusts the bucket seat to the first width, wherein the second setting is defined by a second pair of discrete positions located on the waist belt and positioning the first base width adjuster and the second base width adjuster at the second pair of discrete positions configures the adjustable child carrier in the second setting and adjusts the bucket seat to the second width, wherein the third setting is defined by a third pair of discrete positions located on the waist belt and positioning the first base width adjuster and the second base width adjuster at the third pair of discrete positions configures the adjustable child carrier in the third setting and adjusts the bucket seat to the third width (7+15, functional recitations); the first pair of discrete positions are laterally displaced from the second pair of discrete positions on the waist belt, wherein the second pair of discrete positions are laterally displaced from the third pair of discrete positions on the waist belt, wherein the third pair of discrete positions are laterally displaced from the first pair of discrete positions on the waist belt (7 + 15); adjustment of the one or more base width adjusters from the first set of positions to the second set of positions adjusts the width of the bucket seat from a first width to a second width, the second width being greater than the first width, wherein adjustment of the one or more base width adjusters from the second set of positions to the third set of positions adjusts the width of the bucket seat from the second width to a third width, the third width being greater than the first width and the second width, wherein, when the adjustable child carrier is adjusted to the first width, the adjustable child carrier is configured to the first setting, wherein, when the adjustable child carrier is adjusted to the second width, the adjustable child carrier is configured to the second setting, and wherein, when the adjustable child carrier is adjusted to the third width, the adjustable child carrier is configured to the third setting (via movement of 7+15; functional recitations); securing the adjustable neck support to the first set of neck support fasteners configures the adjustable neck support in an outward folded down position (functional/intended use recitation); the second set of neck support fasteners are located above the first set of neck support fasteners on the exterior of the main body (see Krogh Fig. 3); the adjustable neck support comprises a set of neck support attachments, wherein the set of neck support attachments fasten to the first set of neck support fasteners or the second set of neck support fasteners to thereby secure the adjustable neck support (para 0139); in the outward folded down position, the adjustable neck support is configured to support a neck of the child when the child is positioned to face away from the wearer (functional/intended use recitation); the adjustable neck support is configured to be adjusted to an extended upward position to thereby support a neck of the child when the child is positioned to face the wearer (functional/intended use recitation, see Krogh Fig. 3).
PV2010-531 as modified above further results in a device wherein the first base width adjuster is coupled to the first thigh support; and the second base width adjuster is coupled to the second thigh support, wherein coupling the first base width adjuster to one of a first position or a second position on the waist belt and coupling the second base width adjuster to one of a third position or a fourth position on the waist belt thereby adjusts a width of the bucket seat to accommodate various sizes of the child as the child ages (PV2010-531 Figs. 1-3; page 3); the waist belt comprises a lumbar support portion (middle portion of belt); the first base width adjuster comprises a first fastening mechanism and the second base width adjuster comprises a second fastening mechanism, wherein the first fastening mechanism and the second fastening mechanism selectively fasten to a corresponding fastening mechanism located on the waist belt to thereby couple the first thigh support and the second thigh support to the first position or the second position (PV2010-531 element 10s); coupling the first base width adjuster at the first position on the waist belt and coupling the second base width adjuster at the third position on the waist belt adjusts the width of the bucket seat to a first width, wherein coupling the first base width adjuster at the second position on the waist belt and coupling the second base width adjuster at the fourth position on the waist belt adjusts the width of the bucket seat to a second width less than the first width (PV2010-531 Figs. 1-3; page 3); moving the first base width adjuster and the second base width adjuster laterally inboard adjusts the width of the bucket seat from the first width to the second width, wherein moving the first base width adjuster and the second base width adjuster laterally outboard adjusts the width of the bucket seat from the second width to the first width (PV2010-531 Figs. 1-3; page 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
August 17, 2026
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