Prosecution Insights
Last updated: September 17, 2026
Application No. 19/076,678

CHILD RESTRAINT

Non-Final OA §103
Filed
Mar 11, 2025
Priority
Feb 24, 2021 — AU 2021201211 +3 more
Examiner
NELSON JR, MILTON
Art Unit
Tech Center
Assignee
Britax Römer Kindersicherheit GmbH
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1582 granted / 1871 resolved
+24.6% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
37 currently pending
Career history
1896
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
27.2%
-12.8% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
45.9%
+5.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1871 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information referred to in the IDS filed February 4, 2026 has been considered. The information referred to in the IDS Filed April 30, 2025 has been considered. Specification The status of any related application should be updated on page 1 of the specification. Drawings The drawings filed March 11, 2025 are approved. Claim Rejections - 35 USC § 103 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 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) 1-5, 13, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaetano et al (US6126233) in view of Schimmoller et al (US7201444). The primary reference shows all claimed features of the instant invention with the exception of an automatic mode that causes the internal illuminator shuts off after a predetermined time (claim 1); wherein the predetermined time is 2 minutes (claim 4); a movement sensor for detecting movement of the child restraint (claim 5). In the primary reference, note child restraint capable of being secured to and separated from a base installed in a vehicle, the child restraint comprising: an external illuminator (6, as shown in Fig. 4); and an internal illuminator (6, as shown in either Fig. 1 or Fig. 3) positioned near a connection point (seam between elements 2 and 4) of the child restraint, configured to operate in a first mode (remotely controlled; see lines 18-20, col. 2), illuminating a first region near the connection point of the child restraint; wherein the internal illuminator has an automatic mode (see lines 32-32, col. 5); wherein the external illuminator includes a housing and circuitry (claim 16); wherein the movement sensor is one of an accelerometer or an occupant presence sensor (claim 19). Also note lines 25-26, col. 5 which discloses that the illuminators “can be located in several places”. Regarding claim 2, note that in the event that the child restraint is not secured to the base, and the child restraint is moved, the internal illuminator can be selectively activated in its first mode, illuminating the first region near the connection point of the child restraint for the purpose of aiding securement to the base, and wherein in the event that the child restraint is secured to the base, the first mode can be selectively deactivated. Note the remote control system provides these capabilities. Regarding claim 3, note the external illuminator is positioned on an external portion of the child restraint, and wherein the external illuminator is physically capable of illuminating a region fore and aft of the child restraint (note as the supporting bar is moved fore and aft). Regarding claim 13, note that the first region near the connection point of the child restraint is a region below the child restraint. Note that the illuminators are capable of providing light beyond the child restraint and onto a supporting/surrounding surface of the child restraint (i.e. below the child restraint). Regarding claim 16, note a plurality of light emitting diodes (LEDs). See line 19, col. 3. Regarding claim 17, note the child restraint includes two external illuminators (see Fig. 4) and two internal illuminators (see Fig. 1). Regarding claim 18, note that each of the two external illuminators is located on opposite sides of the child restraint (see Fig. 4), and each of the two internal illuminators is located on opposite sides of the child restraint (see Fig. 1). The secondary reference teaches configuring a child seat with an illumination device which has an automatic mode that causes the illumination device to shut off after a predetermined time (see lines 58-62, col. 1). The predetermined time is provided as 2 minutes (see line 11, col. 3). The secondary reference also includes a movement sensor for detecting movement of the child restraint (see lines 58-65, col. 1), wherein movement of the occupant while in the child restraint necessarily causes some movement of the child restraint. It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding to the system an automatic mode that causes the internal illuminator to shut off after a predetermined time (regarding claim 1); wherein the predetermined time is 2 minutes (regarding claim 4). This modification enhances ease of use in providing selective illumination the child restraint, while providing a predetermined time that does not excessively use battery power. It would have further been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding a movement sensor for detecting movement of the child restraint (regarding claim 5). This modification enhances illumination as movement of the child restraint results from user movement. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaetano et al (US6126233) in view of Schimmoller et al (US7201444), as applied to claim 1 above, and further in view of Johnson (US6149489). The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the child restraint being an infant carrier. The tertiary reference conventionally teaches configuring a child restraint as an infant carrier. Note the cover figure. It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the teachings of the tertiary reference by configuring the child restraint as a child carrier. This conventionally enhances portability of the child restraint. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaetano et al (US6126233) in view of Schimmoller et al (US7201444), as applied to claim 1 above, and further in view of Fiore, Jr. et al (US8113579). The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the battery assembly comprising a rechargeable battery and a battery management system provided within a housing. In the primary reference, note a battery assembly to power the internal illuminator and the external illuminator. See line 42, col. 3. The tertiary reference teaches providing an illumination system (16) for a child restraint as having a battery assembly (18) comprising a rechargeable battery (see line 36, col. 2) and a battery management system (connection between 18 and 18a) provided within a housing (36, 38). It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the teachings of the tertiary reference by substituting for the battery assembly, a battery assembly comprising a rechargeable battery and a battery management system provided within a housing. This modification eliminates the need to replace batteries on a regular basis. Allowable Subject Matter Claims 6-12 and 14 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. mn /MILTON NELSON JR/September 3, 2026 Primary Examiner, Art Unit 3636
Read full office action

Prosecution Timeline

Mar 11, 2025
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12722551
Vehicle Having a Vehicle Seat
2y 9m to grant Granted Sep 01, 2026
Patent 12721442
OSCILLATION MECHANISM FOR A CHAIR OR AN ARMCHAIR
2y 2m to grant Granted Sep 01, 2026
Patent 12721440
FOLDABLE RECLINER
2y 1m to grant Granted Sep 01, 2026
Patent 12715346
STRIKER ASSEMBLY AND SEAT ASSEMBLY
2y 1m to grant Granted Aug 25, 2026
Patent 12703279
CUSHION ASSEMBLY
3y 7m to grant Granted Aug 11, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
90%
With Interview (+5.7%)
1y 12m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1871 resolved cases by this examiner. Grant probability derived from career allowance rate.

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