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, at the bottom of figure 6, what appears to be labeled as reference character “120” in other figures has been labeled as “110”. 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 Objections
Claim 20 is objected to because of the following informality. Assuming the cover in claim 20 is the same cover as the cover of claim 13, the word “the” should come after ‘wherein’. Appropriate correction is required.
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 1-2, 4-8, 11-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gibbons (US-8550548-B2).
Gibbons discloses a covering for a child seat.
Claims 1, 11, and 12 – Gibbons teaches a cover for an infant carrier (figure 3), the cover comprising:
a body (element 100 in figure 3) configured to cover at least part of the infant carrier (figure 3), the body comprising:
a top securing edge defining a top opening (figure 3) configured to receive a removable attachment (element 110 in figure 3), and
a bottom securing edge defining a bottom opening configured to receive the infant carrier (element 104 in figure 3);
the removable attachment, comprising:
a fastener (element 109 in figure 3) configured to affix the removable attachment to at least part of the top securing edge; and
a canopy configured to extend over an arm of the infant carrier and cover the top opening (element 118 in figure 3), the canopy comprising:
a first securing edge affixed to a first end of the body (figure 3), and
a second securing edge removably securable to a second end of the body (figure 3).
Claim 2 – Gibbons teaches the fastener is a first fastener (the “hook” part of a “hook and loop fastener”, as taught in column 5, lines 39-40), and the body further comprises a second fastener (the “loop” part of a “hook and loop fastener”, as taught in column 5, lines 39-40) corresponding to the first fastener of the removable attachment for receiving the removable attachment.
Claims 4 and 17 – Gibbons teaches the bottom securing edge comprises an adjustable closure configured to hold the body to the infant carrier (element 107 in figure 3, explained as “a coupling mechanism” that may include “an elastic band” in column 7, lines 4-5).
Claims 5 and 18 – Gibbons teaches the canopy is taut when draped over the arm (figure 3).
Claims 6 and 19 – Gibbons teaches the canopy further comprises an opening when draped over the arm, the opening exposing at least part of the arm (figure 4).
Claim 7 – Gibbons teaches the canopy further comprises a window configured to allow visibility into the infant carrier (element 111 in figure 3).
Claim 8 – Gibbons teaches the canopy is constructed from a rear panel (element 122 in figure 3), a central panel (element 120 in figure 3), and a front panel (element 102 in figure 3).
Claim 13 – Gibbons teaches a cover for an infant carrier (figure 3), the infant carrier comprising a carrying handle (element 304 in figure 4) and a base having a rear edge and a front edge, the cover comprising:
a body (element 100 in figure 3) comprising:
a storage pocket (element 130 in figure 3) proximate a first end of the body and configured to receive any one or more of a removable attachment (element 110 in figure 3) and a canopy (element 118 in figure 3),
a top securing edge defining a top opening (figure 3) and configured to receive the removable attachment, and
a bottom securing edge defining a bottom opening and configured to receive the infant carrier (element 104 in figure 3);
the removable attachment configured to be removably attached to at least part of the top securing edge (figure 3); and
the canopy configured to extend over the carrying handle and cover the top opening (figures 3 and 4), the canopy comprising:
a first securing edge affixed to the first end of the body (figure 3), and
a second securing edge removably securable to a second end of the body (figure 3).
Claim 14 – Gibbons teaches the body is configured to cover at least part of the infant carrier (figure 3).
Claim 15 – Gibbons teaches the body further comprises a first fastener (the “hook” part of a “hook and loop fastener”, as taught in column 5, lines 39-40) and the removable attachment comprises a second fastener (the “loop” part of a “hook and loop fastener”, as taught in column 5, lines 39-40) corresponding to the first fastener to enable the removable attachment to be removably attached to the body.
Claim 20 – Gibbons teaches cover is constructed from an elastomeric material (“a sheet of flexible fabric” as taught in the abstract).
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 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Gibbons (US-8550548-B2) alone.
Claims 9 and 10 – Gibbons does not specifically state the first end is a front end or a rear end, or that the second end is the front end or the rear end.
While Gibbons does not give any indication as to which end is considered the front end and which end is considered the rear end, other than that the removable attachment is called a “front flap”, it would have been obvious to one of ordinary skill in the art that the cover can be placed with the removable attachment facing forward on the carrier, or facing rearward on the carrier. Therefore, it would have been obvious to one of ordinary skill in the art that the first end can be either the front end or the rear end, and the second end can be either the rear end or the front end.
Claims 3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gibbons (US-8550548-B2) in view of Loaiza (US-20130292973-A1).
Loaiza discloses a screen for an engagement with an infant car seat.
Claims 3 and 16 – Gibbons teaches the removable attachment comprises an exterior surface (in the abstract, the flexible sheet has “a top surface”) and an interior surface (in the abstract, the flexible sheet has “a bottom surface”), however Gibbons does not specifically teach the exterior surface comprises a first material and the interior surface comprises a second material different from the first material.
Loaiza teaches the exterior surface (“first surface” in paragraph [0017]) comprises a first material (“preferred to be of a water proof or repellant or similar material” in paragraph [0050]) and the interior surface (“second surface” in paragraph [0017]) comprises a second material different from the first material (“preferred to be of a softer, more infant friendly material such as fleece” in paragraph [0050]).
It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. It would have been obvious to one of ordinary skill in the art to select a first material, such as one that can withstand environmental elements, for the exterior surface, and a different second material, such as an infant-friendly fleece, for the interior surface.
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.
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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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