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)(5) because they include the following reference character(s) not mentioned in the description: all references to Elements start 100 series through all the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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
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) 1-12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee E. Perdelwitz Jr U.S. Patent 4,885,200 (Perdelwitz).
Regarding claim 1, Perdelwitz discloses a cushioning structure suitable for a child carrier, comprising: a connecting unit configured to connect to the headrest part of the child carrier (Figure 1-3 headrest portion Element 22); a backrest unit (Element lower portion of Element 22 area and Element 24) connected to the connecting unit (area between head portion and back portion); and a seat unit (area of Element 26)connected to the backrest unit; wherein the connecting unit drives the backrest unit and the seat unit to move along with movement of the headrest part (Figure 1-3).
Regarding claim 2, Perdelwitz discloses a cushioning structure wherein the connecting unit comprises: a headrest cushion connected to the backrest unit and configured to support a child's head; and a connecting part connected to a back side of the headrest cushion and configured to connect to the headrest part; wherein a part of the connecting part is spaced apart from the back side of the headrest cushion to form a pocket-like portion, and the connecting unit is configured to sleeve the headrest part to accommodate the headrest part within the pocket-like portion (Column 5 Line 10-29, connecting unit with padding and cushion with cross sectional profile shown in Figure 6).
Regarding claim 3, Perdelwitz discloses a cushioning structure wherein the seat unit comprises: a seat cushion; and a dividing part connected to the seat cushion and at least dividing the seat cushion into a first seating area and a second seating area, the first seating area being connected between the backrest unit and the second seating area, the seat cushion being folded at the dividing part (Figure 4-6 shows the various seating areas with the units).
Regarding claim 4, Perdelwitz discloses a cushioning structure wherein in a longitudinal direction of the cushioning structure, an extension length of the first seating area is shorter than an extension length of the second seating area; and/or, the seat unit has a crotch belt perforation in a strip-like shape extending from the second seating area to the first seating area (Figure 5 Element 92 and 94).
Regarding claim 5, Perdelwitz discloses a cushioning structure wherein in the longitudinal direction of the cushioning structure, an extension length of the crotch belt perforation in the first seating area is shorter than an extension length of the crotch belt perforation in the second seating area (Figure 1-5, openings are shaped to fit the belt includeding Element 92, 94, 30, 28).
Regarding claim 6, Perdelwitz discloses a cushioning structure wherein a first waist belt channel is provided on an end of the first seating area away from the second seating area, a guide channel is provided on the seat cushion, the guide channel extends inward from a side edge of the seat cushion and communicates with the first waist belt channel; the seat cushion is further provided with a second waist belt channel that is positioned outside the first waist belt channel in a transverse direction of the seat cushion (Figure 4 Element 60, 62, 80, 82, 88, 90 all fed through the openings of the cushion).
Regarding claim 7, Perdelwitz discloses a cushioning structure wherein the cushioning structure comprises two sets of waist belt cooperation parts spaced apart in the transverse direction of the cushioning structure, each set of the waist belt cooperation parts has at least two waist belt channels arranged in the transverse direction, so that the cushioning structure is configured to match at least two width modes of the waist belt of the child carrier (Figure 4 Element 80 and 82 through Element 70 and 72).
Regarding claim 8, Perdelwitz discloses a cushioning structure further comprising a connecting body configured to connect to a structure that is movable with the headrest part and below the headrest part in the child carrier; wherein the connecting body is connected to the connecting unit and positioned on the back side of the connecting unit; or the connecting body is connected to the backrest unit and positioned on the back side of the backrest unit (Element 122 attaches to the connecting unit and seat body shown in Figure 4).
Regarding claim 9, Perdelwitz discloses a cushioning structure wherein the connecting part has an opening for exposing a position operating member on the headrest part (openings along Element 28 and 30 area near headrest portion).
Regarding claim 10, Perdelwitz discloses a cushioning structure wherein the seat unit has a crotch belt perforation in a strip-like shape extending along the longitudinal direction of the seat unit (Column 7 Lines 19-38).
Regarding claim 11, Perdelwitz discloses a cushioning structure wherein a part of the second waist belt channel extends in a longitudinal direction of the seat cushion towards a free end of the seat cushion beyond the first waist belt channel (Element 80 and 82, Figure 4).
Regarding claim 12, Perdelwitz discloses a cushioning structure wherein the cushioning structure comprises two sets of waist belt cooperation parts spaced apart in the transverse direction of the cushioning structure, each set of the waist belt cooperation parts has at least two waist belt channels arranged in the transverse direction, so that the cushioning structure is configured to match at least two width modes of the waist belt of the child carrier (Column 6 Line 57-Column 7 Line 38).
Regarding claim 14, Perdelwitz discloses a cushioning structure the cushioning assembly having a first usage mode and a second usage mode; wherein when the cushioning assembly is in the first usage mode, the cushioning structure is used in combination with the cushion body, and the cushion body is placed on the cushioning structure and configured to allow a child to be seated; when the cushioning assembly is in the second usage mode, the cushion body is removed from the cushioning structure, and the cushioning structure is configured to allow the child to be seated (Figure 1-5, removable seat pad).
Regarding claim 14, Perdelwitz discloses the cushion assembly wherein the cushion body comprises
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) 13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Perdelwitz in view of Hung-Chung Hou et al. U.S. Patent Publication 2010/0078976 A1 (Hou).
Regarding claims 13 and 15, Perdelwitz discloses a cushioning structure, wherein the seat unit (Figure 1). Perdelwitz does not directly disclose a seat cushion wit two first side guards. Hou discloses a cushioning structure with a seat unit that comprises a seat cushion and two first side guards respectively connected to both sides of the seat cushion, each of the first side guards comprises a first part connected to the seat cushion and a second part connected to the first part in the longitudinal direction of the seat cushion, the second part is positioned closer to the backrest unit relative to the first part, and the second part is spaced apart from the seat cushion; a main body and two fourth side guards connected to both sides of the main body, a penetration part is formed between each of the fourth side guards and a side of the main body corresponding to the fourth side guard, and the penetration part is configured such that a waist belt of the child carrier may pass through it (Figure 1-3 Element 3).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Perdelwitz as taught by Hou to include Hou’s seat unit components. Such a modification would provide a means to support the seated user in the protective seat unit.
Regarding claim 16, Perdelwitz in view of Hou discloses the cushioning assembly wherein a seat unit of the cushioning structure comprises a seat cushion, and waist belt passages are provided on both sides of the seat cushion (as shown in Figure 4-6 Element 80 and 82 as disclosed in Perdelwitz in view of Hou).
Allowable Subject Matter
Claims 17-20 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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/SHIN H KIM/Primary Examiner, Art Unit 3636
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