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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 and 21 of U.S. Patent No. 11903493 in view of Paesang et al. (US 20070049389).
Regarding Claim 1, claim 1 of the reference Patent recites all of the limitations of claims 1 of the instant application except for the seat assembly being assembled “at a top portion” of the at least one lateral support and the at least one joint assembly installed “at a bottom portion” of the at least one lateral support.
Paesang teaches:
A portable swing assembly(20) having a seat assembly(24), at least one lateral support(26,28), the seat assembly being assembled at a top portion of the at least one lateral support(Fig 1) and at least one joint assembly(180,182) installed at a bottom portion of the at least one lateral support(Fig 1).
Therefore, it would have been obvious to one of ordinary skill of the art before the effective filing date of the claimed invention to modify U.S. Patent No. 11903493 in view of Paesang such that the seat is assembled at a top portion of the later support to maximize ground clearance between the seat bottom and the support surface and to install the at least one joint assembly at a bottom portion of the at least one lateral support to maximize footprint in the use position and minimize footprint in the collapsed position.
Regarding Claims 2-20, claims 2-19 and 21 of U.S. Patent No. 11903493 recites all of the limitations of claims 2-20 of the instant application.
Therefore, Claims 2-20 are obvious over U.S. Patent No. 11903493 in view of Paesang.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 and 21 of U.S. Patent No. 12262820 in view of Paesang et al. (US 20070049389).
Regarding Claim 1, claim 1 of the reference Patent recites all of the limitations of claims 1 of the instant application except for the seat assembly being assembled “at a top portion” of the at least one lateral support and the at least one joint assembly installed “at a bottom portion” of the at least one lateral support.
Paesang teaches:
A portable swing assembly(20) having a seat assembly(24), at least one lateral support(26,28), the seat assembly being assembled at a top portion of the at least one lateral support(Fig 1) and at least one joint assembly(180,182) installed at a bottom portion of the at least one lateral support(Fig 1).
Therefore, it would have been obvious to one of ordinary skill of the art before the effective filing date of the claimed invention to modify U.S. Patent No. 11903493 in view of Paesang such that the seat is assembled at a top portion of the later support to maximize ground clearance between the seat bottom and the support surface and to install the at least one joint assembly at a bottom portion of the at least one lateral support to maximize footprint in the use position and minimize footprint in the collapsed position.
Regarding Claims 2-20, claims 2-19 and 21 of U.S. Patent No. 12262820 recites all of the limitations of claims 2-20 of the instant application.
Therefore, Claims 2-20 are obvious over U.S. Patent No. 12262820 in view of Paesang.
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.
Claim(s) 1-4 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burns et al US 2013/0012329.
Burns teaches:
Claim 1, A foldable swing frame (20) comprising:
a seat assembly (40);
at least one lateral support (31-34) located beside the seat assembly, the seat assembly being assembled at a top portion of the at least lateral support (Fig. 1);
at least one joint assembly (36, 37, two parallel joint at bottom of supports 31 and 34) installed at a bottom portion of the at least one lateral support (Fig. 3A); and
at least one bottom leg assembly (70) for standing the foldable swing frame, the at least one bottom leg assembly being assembled with the at least joint assembly (as noted in Fig. 3A, pivotally connected to the at least one lateral support by the at least one joint assembly) and the at least one bottom leg assembly being switchable between a folded position (Fig. 4) and an unfolded position (Fig. 1) relative to the at least one lateral support by the at least one joint assembly.
Claim 2, the seat assembly (40) is hung by the at least one lateral support (Fig. 1).
Claim 3, wherein the at least one bottom leg assembly stands the foldable swing frame in response to the at least one bottom leg assembly being in the unfolded position (Fig. 1).
Claim 4, wherein the at least one bottom leg assembly stands the foldable swing frame in response to the at least one bottom leg assembly being in the folded position (Fig. 3B).
Claim 6, at least one locking assembly (60) [0038] installed on the at least one bottom leg assembly and being switchable between a locking position and a unlocking position, and the at least one locking assembly preventing the at least one bottom leg from switching from the unfolded position to the folded position in response to the at least one locking assembly being located at the locking position.
Claim 7, wherein the at least one locking assembly (60) switches between the locking position and the unlocking position in a moving manner such as by a pair of retractable lock bolts with beveled edges [0038].
Claim 8, wherein at least one locked structure (66) is formed on the at least one bottom leg assembly, and the at least one locking assembly engages with the at least one locked structure in response to the at least one locking assembly being located at the locking position (Fig. 6).
Claim 9, at least one resilient recovering component (98, 99) abutting against the at least one locking assembly for driving the at least one locking assembly to move to the locking position (Fig. 8A).
Claim 10, wherein the at least one locked structure (66) comprises a hole/slot structure (67, 68), and the at least one locking assembly is slidable horizontally (Fig. 6).
Claim 11, wherein the at least one locking assembly comprises a locking portion (21) for engaging with the at least one locked structure (61, 62); and an operating portion (unshown pins) [0039] connected to the locking portion, the at least one locking assembly being drivable by operation of the operating portion to switch between the locking position and the unlocking position.
Claim(s) 1-4, 6-11, 13-14, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burns et al US 2016/0309915.
Burns teaches:
Claim 1, A foldable swing frame (30) comprising:
a seat assembly (12);
at least one lateral support (32.36) located beside the seat assembly, the seat assembly being assembled at a top portion of the at least lateral support (Fig. 1);
at least one joint assembly (62,90) installed at a bottom portion of the at least one lateral support (Fig. 2); and
at least one bottom leg assembly (40,34) for standing the foldable swing frame, the at least one bottom leg assembly being assembled with the at least joint assembly (as noted in Fig. 2-4, pivotally connected to the at least one lateral support by the at least one joint assembly) and the at least one bottom leg assembly being switchable between a folded position (Fig. 4) and an unfolded position (Fig. 3) relative to the at least one lateral support by the at least one joint assembly.
Claim 2, the seat assembly (12) is hung by the at least one lateral support (Fig. 1).
Claim 3, wherein the at least one bottom leg assembly stands the foldable swing frame in response to the at least one bottom leg assembly being in the unfolded position (Fig. 1).
Claim 4, wherein the at least one bottom leg assembly stands the foldable swing frame in response to the at least one bottom leg assembly being in the folded position (Fig. 4).
Claim 6, at least one locking assembly (P[0040]) installed on the at least one bottom leg assembly and being switchable between a locking position and a unlocking position (Fig 3-6B), and the at least one locking assembly preventing the at least one bottom leg from switching from the unfolded position to the folded position in response to the at least one locking assembly being located at the locking position(P[0040]-P[0042]).
Claim 7, wherein the at least one locking assembly switches between the locking position and the unlocking position in a moving manner or a resiliently deforming manner (Fig 5-6B; actuating tab 46 moves to deform spring 82; P[0040]-P[0042]).
Claim 8, wherein at least one locked structure (42,84) is formed on the at least one bottom leg assembly (Fig 4-6B), and the at least one locking assembly engages with the at least one locked structure in response to the at least one locking assembly being located at the locking position (Fig. 5).
Claim 9, at least one resilient recovering component (82) abutting against the at least one locking assembly for driving the at least one locking assembly to move to the locking position (Fig. 5).
Claim 10, wherein the at least one locked structure (42,84) comprises a hole/slot structure (86), and the at least one locking assembly is slidable horizontally (Fig. 6A-6B).
Claim 11, wherein the at least one locking assembly comprises a locking portion (80) for engaging with the at least one locked structure (at 86); and an operating portion (76) connected to the locking portion(Fig 5-6B), the at least one locking assembly being drivable by operation of the operating portion to switch between the locking position and the unlocking position (P[0040]-P[0042]; Fig 6A-6B).
Claim 13, wherein the at least one joint assembly comprises a first joint component (90) and a second joint component (90), the at least one bottom leg assembly comprises a first bottom leg (42) and a second bottom leg (44), the first joint component is pivotally connected to the at least one lateral support (P[0036]), the first bottom leg is installed on the first joint component (Fig 3-4), the second joint component is pivotally connected to the at least one lateral support (P[0036]), the second bottom leg is installed on the second joint component (Fig 3-4), the first joint component and the second joint component are pivotable (P[0036]), the first joint component and the second joint component respectively drive the first bottom leg and the second bottom leg to move toward each other in response to the at least one bottom leg assembly switching to the folded position (Fig 4), and the first joint component and the second joint component respectively drive the first bottom leg and the second bottom leg to move away from each other in response to the at least one bottom leg assembly switching to the unfolded position (Fig 3).
Claim 14, wherein a pivotal connection of the first joint component and the at least one lateral support does not coincide with a pivotal connection of the second joint component and the at least one lateral support (Fig 3-4).
Claim 20, wherein the at least one joint assembly comprises two joint assemblies spaced from each other (Fig 3-4), the at least one bottom leg assembly comprises two bottom leg assemblies spaced from each other (Fig 3-6B), the at least one lateral support includes two lateral supports spaced from each other (Fig 3-4), and the seat assembly is located between the two lateral supports (Fig 1-2).
Claim(s) 1-4, 6-14, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paesang et al. US 2007/0049389, hereinafter: “Paesang”.
Paesang teaches:
Claim 1, A foldable swing frame (22) comprising:
a seat assembly (24);
at least one lateral support (26,28) located beside the seat assembly, the seat assembly being assembled at a top portion of the at least lateral support (Fig. 1);
at least one joint assembly (180, 182) installed at a bottom portion of the at least one lateral support (Fig. 1); and
at least one bottom leg assembly (30) for standing the foldable swing frame, the at least one bottom leg assembly being assembled with the at least one joint assembly (as noted in Fig. 12, pivotally connected to the at least one lateral support by the at least one joint assembly; P[0040]-P[0042]) and the at least one bottom leg assembly being switchable between a folded position (Fig. 9-10) and an unfolded position (Fig. 1-2) relative to the at least one lateral support by the at least one joint assembly.
Claim 2, the seat assembly is hung by the at least one lateral support (via 34, 40, 95; Fig. 1-2).
Claim 3, wherein the at least one bottom leg assembly stands the foldable swing frame in response to the at least one bottom leg assembly being in the unfolded position (Fig. 1-2).
Claim 4, wherein the at least one bottom leg assembly stands the foldable swing frame in response to the at least one bottom leg assembly being in the folded position (Fig. 9-10).
Claim 6, at least one locking assembly ( 232) installed on the at least one bottom leg assembly and being switchable between a locking position and a unlocking position (P[0044]-P[0045]; Fig 1-2, 14), and the at least one locking assembly preventing the at least one bottom leg from switching from the unfolded position to the folded position in response to the at least one locking assembly being located at the locking position(P[0040]-P[0042]; Fig 1-2, 14).
Claim 7, wherein the at least one locking assembly switches between the locking position and the unlocking position in a moving manner or a resiliently deforming manner (Fig 14; button 234 moves to deform spring 236; P[0040]-P[0042]).
Claim 8, wherein at least one locked structure is formed on the at least one bottom leg assembly (Fig 14; P[0040]-P[0042]), and the at least one locking assembly engages with the at least one locked structure in response to the at least one locking assembly being located at the locking position (Fig. 14).
Claim 9, at least one resilient recovering component (236) abutting against the at least one locking assembly for driving the at least one locking assembly to move to the locking position (Fig. 14).
Claim 10, wherein the at least one locked structure comprises a hole structure (238), and the at least one locking assembly is slidable horizontally (P[0045]).
Claim 11, wherein the at least one locking assembly comprises a locking portion (234) for engaging with the at least one locked structure (at 238); and an operating portion (236) connected to the locking portion(Fig 14), the at least one locking assembly being drivable by operation of the operating portion to switch between the locking position and the unlocking position (P[0040]-P[0045]; Fig 14).
Claim 12, wherein the at least one locking assembly comprises a sliding button slidably disposed on the at least one lateral support(Fig 14; 232 is a sliding button slidably disposed on lateral support 23)
Claim 13, wherein the at least one joint assembly comprises a first joint component (180, 182) and a second joint component (180, 182), the at least one bottom leg assembly comprises a first bottom leg (30) and a second bottom leg (30), the first joint component is pivotally connected to the at least one lateral support (P[0040]-P[0042]), the first bottom leg is installed on the first joint component (Fig 1-2), the second joint component is pivotally connected to the at least one lateral support (P[0040]-P[0042]), the second bottom leg is installed on the second joint component (Fig 1-2), the first joint component and the second joint component are pivotable (P[0040]-P[0042]), the first joint component and the second joint component respectively drive the first bottom leg and the second bottom leg to move toward each other in response to the at least one bottom leg assembly switching to the folded position (Fig 9-10), and the first joint component and the second joint component respectively drive the first bottom leg and the second bottom leg to move away from each other in response to the at least one bottom leg assembly switching to the unfolded position (Fig 1-2).
Claim 14, wherein a pivotal connection of the first joint component and the at least one lateral support does not coincide with a pivotal connection of the second joint component and the at least one lateral support (Fig 1-2).
Claim 19, wherein the at least one locking assembly is slidably disposed on at least one of the first bottom leg and the second bottom leg (Fig 1-2), and the at least one locked structure is formed on the at least one lateral support (Fig 14).
Claim 20, wherein the at least one joint assembly comprises two joint assemblies spaced from each other (Fig 3-4), the at least one bottom leg assembly comprises two bottom leg assemblies spaced from each other (Fig 3-6B), the at least one lateral support includes two lateral supports spaced from each other (Fig 3-4), and the seat assembly is located between the two lateral supports (Fig 1-2).
Allowable Subject Matter
Claims 5 and 15-18 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 following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20140366276 A1
CHANG; YI-WEI et al.
US 7189164 B1
Paesang; Chinawut P. et al.
US 9775445 B2
Burns; Stephen R. et al.
US 20130214573 A1
OREN; Shoshana et al.
US 20180146796 A1
LONGENECKER; MICHAEL L. et al.
US 7219959 B2
Ransil; Matthew J. et al.
US 8784225 B2
Burns; Stephen et al.
US 8152647 B2
Tuckey; Peter R. et al.
US 7445559 B2
Kakuda; Baku
US 6520862 B1
Armbruster; Michael D. et al.
US 11478087 B2
Tuckey; Peter R.
The above references are cited for teaching foldable apparatuses with features similar to that of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
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, Nicholas Weiss can be reached at 571-270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3711
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