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 .
DETAILED ACTION
Allowable Subject Matter
Claims 13 and 19 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.
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 1-3, 6, and 14 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Meeker (2009/0127902) (cited by Applicant and Int’l Search Report).
Regarding independent claim 1, Meeker discloses A seat (abstract “a child's car seat” and Figs.), comprising:
a bracket (e.g., [0028] “a backrest surface 14, left and right side surfaces 16a and 16b”);
a lower cover connected to the bracket (e.g., [0028] “a seating surface 12”); and
a strap system comprising a buckle assembly and a safety strap, an end of the safety strap being connected to the lower cover, and another end of the safety strap being fixed by the buckle assembly (e.g., [0029] “Car seat 10 is equipped with harness system 40 with crotch strap 42 which has attached buckle body 44. Crotch strap 42 emerges from and is secured beneath opening 45 in seating surface 12. Harness system 40 further has left and right lap belt portions 46a, 46b, connected left and right shoulder belt portions 48a, 48b, and left and right sliding latch plates 50a, 50b which are removeably secured to buckle body 44. Shoulder belt portions 48a, 48b may be equipped with harness tie 52 which may be one-piece or separable into left and right halves. Shoulder belt portions 48a, 48b pass through and are secured behind shoulder belt openings 54a, 54b in backrest surface 14. Lap belt portions 46a, 46b pass through and are secured behind left and right lap belt openings 50a and 50b”),
wherein the lower cover is provided with a storage groove, and the strap system is at least partially storable in the storage groove (e.g., [0033] “When harness system 40 is not used, it may be stored internally on car seat 10 without removal or disassembly as depicted in FIG. 2. To achieve this storage, left sliding latch 50a is disengaged from central buckle 44 and slid along left lap belt portion 46a and into left lap belt opening 50a. Left lap belt portion 46a is then fed under central tongue 88 of left angled U-shaped opening 82a and folded over same central tongue 88 and then fed under central tongue 88 of left transverse opening 86a. A like action is performed with corresponding right components. Harness tie 52 is slid to the general location of recessed belt path 18 where it will not rest on backrest surface 14. Attached buckle 44 of crotch strap 42 is fed into crotch strap storage opening 80”).
Although Meeker is directed to child car safety seats, independent claim 1 broadly encompasses any seat type as written, which is anticipated by Meeker as above. See MPEP 2131.05. Moreover, although not a necessary finding for anticipation, Meeker and the other cited Prior Art below would also be considered to be analogous art to independent claim 1 because (1) the references are from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the references are reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). See MPEP 2141.01(a). For example, regarding (1), the references are from the same field of endeavor as the claimed invention because Applicant has disclosed that the strap system for rocking chairs are provided “In order to ensure safety of the infants” (Specification [0003]), which are similarly disclosed in Meeker and the other Prior Art. Regarding (2), the references are reasonably pertinent to the problem faced by the inventor because Applicant has disclosed “there is a need to provide a seat capable of storing a strap system” (Specification [0005]), which match the goals of Meeker and the other Prior Art.
Nevertheless, as above, claims 13 and 19 do not face Prior Art rejections, because they are directed to “A rocking chair” in particular, and Meeker and the other cited Prior Art do not provide a rocking chair.
Regarding claims 2 and 14, Meeker discloses, e.g., “When harness system 40 is not used, it may be stored internally on car seat 10 without removal or disassembly as depicted in FIG. 2. To achieve this storage, left sliding latch 50a is disengaged from central buckle 44 and slid along left lap belt portion 46a and into left lap belt opening 50a. Left lap belt portion 46a is then fed under central tongue 88 of left angled U-shaped opening 82a and folded over same central tongue 88 and then fed under central tongue 88 of left transverse opening 86a. A like action is performed with corresponding right components. Harness tie 52 is slid to the general location of recessed belt path 18 where it will not rest on backrest surface 14. Attached buckle 44 of crotch strap 42 is fed into crotch strap storage opening 80” ([0033]). Recessed belt path 18 = a back position or a shoulder belt position; left/right lap opening 50a/50b, left/right angled U-shaped opening 82a/82b, and left/right transverse opening 86a/86b = a waist belt position; and crotch strap storage opening 80 = a buttocks position or a crotch belt position.
Accordingly, Meeker anticipates:
(claim 2) wherein the storage groove is provided at a position of the lower cover corresponding to buttocks of an infant sitting in the seat; and/or
(claim 14) wherein the storage groove is provided at one of positions of the lower cover corresponding to a back, a shoulder belt, a crotch belt, and a waist belt of an infant sitting in the seat.
Regarding claim 3, Meeker discloses wherein the storage groove is a groove formed by recessing at least part of an upper surface of the lower cover downwards (e.g., as in Fig. 2 and [0033] above; all are recessed surfaces).
Regarding claim 6, Meeker discloses wherein the lower cover is provided with a first through hole, and an end of the safety strap is capable of passing through the first through hole and is connected to the first through hole (e.g., [0029] “Crotch strap 42 emerges from and is secured beneath opening 45 in seating surface 12” = first through hole).
Claim Rejections - 35 USC § 102/103
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 7-9 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Meeker.
Regarding claim 7, Meeker discloses “The seat is also equipped with a soft pad for comfort (not shown)” ([0008]).
Although the “soft pad” is “not shown” in Meeker, child car seat pads are most typically cloth and cushioning provided over the entire surface of the car seat for comfort (e.g., see depiction in Mo in the Conclusion below). Accordingly, the “soft pad” in Meeker would also cover the “seating surface 12,” and thus Meeker inherently or implicitly discloses “wherein the seat further comprises a seat cloth arranged above the lower cover.”s
Alternatively, even if it were somehow found that Meeker fails to disclose this per se, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Meeker to include the “soft pad” covering the entire surface of the car seat, with a reasonable expectation of success, in order to provide “comfort” for the child against all surfaces of the car seat.
Regarding claims 8, 9, and 15-18, as in claim 7, Meeker either discloses providing a “soft pad” covering the entire surface of the car seat, or it would have been obvious to have provided the “soft pad” covering the entire surface of the car seat, in order to provide “comfort.”
Meeker further discloses “Car seat 10 is equipped with harness system 40 with crotch strap 42 which has attached buckle body 44. Crotch strap 42 emerges from and is secured beneath opening 45 in seating surface 12. Harness system 40 further has left and right lap belt portions 46a, 46b, connected left and right shoulder belt portions 48a, 48b, and left and right sliding latch plates 50a, 50b which are removeably secured to buckle body 44. Shoulder belt portions 48a, 48b may be equipped with harness tie 52 which may be one-piece or separable into left and right halves. Shoulder belt portions 48a, 48b pass through and are secured behind shoulder belt openings 54a, 54b in backrest surface 14. Lap belt portions 46a, 46b pass through and are secured behind left and right lap belt openings 50a and 50b” ([0029]).
The “harness system 40” must also have corresponding openings through the “soft pad” for each strap or belt. Accordingly, Meeker inherently or implicitly discloses:
(claim 8) wherein the seat cloth is provided with a connecting belt, the lower cover is further provided with a second through hole, an end of the connecting belt is connected to the seat cloth, and another end of the connecting belt is connected to the second through hole; and/or
(claim 9) wherein the seat cloth is provided with a third through hole, and the buckle assembly and the safety strap are capable of passing through the third through hole; and/or
(claim 15) wherein an end of the safety strap passes through the lower cover and is connected to a lower part of the lower cover, and another end of the safety strap passes through the seat cloth and is connected to an upper part of the seat cloth; and further
(claim 16) wherein the lower cover is provided with a first through hole, the seat cloth is provided with a third through hole, a first end of the safety strap passes through the third through hole and is connected to the buckle assembly, and a second end of the safety strap passes through the first through hole and is connected to the lower part of the lower cover; and further
(claim 17) wherein the first end of the safety strap is capable of exiting the third through hole to allow the safety strap to be stored in the storage groove; and further
(claim 18) wherein the second end of the safety strap is provided with a head structure that is configured to prevent the second end passing through the first through hole from exiting the first through hole.
Alternatively, as in claim 7, even if it were somehow found that Meeker fails to disclose this per se, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Meeker to include the “soft pad” covering the entire surface of the car seat, with corresponding openings through the “soft pad” for each strap or belt, with a reasonable expectation of success, in order to provide “comfort” for the child against all surfaces of the car seat and enabling the harness system to still function as disclosed by Meeker.
Claim Rejections - 35 USC § 103
Claims 4 and 5 are rejected under 35 U.S.C. 103 as obvious over Meeker as in claim 1.
Regarding claims 4 and 5, Meeker discloses “When harness system 40 is not used, it may be stored internally on car seat 10 without removal or disassembly as depicted in FIG. 2. … Attached buckle 44 of crotch strap 42 is fed into crotch strap storage opening 80” ([0033]).
However, Meeker fails to specify the depth of crotch strap storage opening 80.
Nevertheless, the crotch strap storage opening 80 would of course be any suitable size to store the buckle 44 and crotch strap 42. Accordingly, although silent to the exact size as instantly claimed, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Meeker to include:
(claim 4) wherein a depth of the storage groove is in a range from 12 mm to 30 mm; and further
(claim 5) wherein the depth of the storage groove is 20 mm,
with a reasonable expectation of success, in order to provide a suitable size to the crotch strap storage opening 80 for storing buckle 44 and crotch strap 42. Applicant may note that, after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See also MPEP 2144.05 Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions.
For example, the Office observes that Applicant has failed to disclose any criticality to 12-30 mm such as 20 mm in particular, as opposed to any other size range.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as obvious over Meeker as in claim 7, and further in view of Britax (EP 3431331) (cited by Applicant and Int’l Search Report).
Regarding claim 10, Meeker provides all elements, except for a partition.
Britax teaches an anchoring system for a child safety seat (abstract) wherein “Preferably, the anchoring system further comprises at least one lid adapted to cover the storage system. The at least one lid ensures, when in closed position, that the seating area of the child safety seat is fully covered. That is, when the child safety seat is used with the anchoring system of the invention, the comfort of the child sitting in the child safety seat is not influenced by the storage system” ([0017]), with exemplary depictions in Figs. 2c-4b.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Meeker to include a lid adapted to cover the storage system (i.e., Meeker’s crotch strap storage opening 80), with a reasonable expectation of success, in order to ensure that “when in closed position, that the seating area of the child safety seat is fully covered” and thus “the comfort of the child sitting in the child safety seat is not influenced by the storage system” (thereby including “wherein a partition is provided at a position of the seat cloth corresponding to the storage groove, and an area of the partition is slightly larger than that of an opening of the storage groove”).
Regarding claim 12, as in claim 10, Britax teaches including a lid to cover the storage system ([0017]).
However, Britax fails to specify the thickness of the lid.
Nevertheless, the lid would of course be any suitable thickness to cover the storage system. Accordingly, although silent to the exact size as instantly claimed, it would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Meeker to include a lid adapted to cover the storage system (i.e., Meeker’s crotch strap storage opening 80), “wherein a thickness of the partition is in a range from 1.2 mm to 1.5 mm,” with a reasonable expectation of success, in order to provide a suitable thickness to the lid to cover the storage system. See also MPEP 2144.05 Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions.
For example, the Office observes that Applicant has failed to disclose any criticality to 1.2-1.5 mm in particular, as opposed to any other size range.
Claim 11 is rejected under 35 U.S.C. 103 as obvious over Meeker in view of Britax as in claim 10, and further in view of Mahal (2010/0019554).
Regarding claim 11, as in claim 10, Britax teaches including a lid to cover the storage system ([0017]).
However, Britax fails to specify the material of the lid, such as polyethylene.
Nevertheless, polyethylene is one of the most common materials used for child safety seat components. For example, Mahal teaches “A child safety seat” having “second resilient side elements” (abstract) wherein “Resilient side element 32 is preferably formed of a suitable blow-moldable polymer, such as polypropylene (PP), ethylene vinyl acetate (EVA), low or high density polyethylene (LDPE, HDPE) or polystyrene (PS)” ([0035]).
Accordingly, it would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Meeker to include a lid adapted to cover the storage system (i.e., Meeker’s crotch strap storage opening 80), “wherein the partition is made of polyethylene,” with a reasonable expectation of success, in order to provide a suitable common material for the lid to cover the storage system.
Second, the modification is obvious as no more than the use of familiar elements (known child safety seats; belts/straps; storage openings; lids; polyethylene material) according to known techniques (covering a storage opening with a polyethylene lid) in a manner that achieves predictable results (fully covering the storage opening for the child’s comfort). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). See MPEP 2143 Examples of Basic Requirements of a Prima Facie Case of Obviousness.
Conclusion
As above, Applicant may simply incorporate claim 13 into independent claim 1, to overcome all Rejections.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
The reference to Mo (2022/0396182) provides an exemplary depiction of a child safety seat having the cushions/pads shown (Figs. 4 and 8).
The reference to Mountz (2024/0032709) (effectively filed Oct. 7, 2022) discloses a child swing with a base, a column, and a seat with a seat rim and a seat support (abstract) wherein “FIG. 31 illustrates the harness assembly 550 stored underneath the seating surface 502 on top of the seat support 600. The harness assembly 550 can be buckled together underneath the soft goods to prevent dangling. The soft goods can be pressed down onto the seat 500 to cover the harness assembly 550” ([0085]) i.e. pulling the straps through the soft goods, buckling the straps together, then dropping the soft goods back down over the straps for storage (Fig. 31). However, this reference fails to disclose or teach a storage groove structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SUE-AKO whose telephone number is (571)272-9455. The examiner can normally be reached M-F 9AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 571-272-24137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SUE-AKO/Primary Examiner, Art Unit 3674
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