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 .
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 1, 12-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170238721 A1 to Damiani in view of US 5911653 to Cheng.
Re Claim 1, Damiani teaches:
A child accommodating apparatus (at least [Abstract] “baby crib”.) comprising:
a frame (at least Fig. 1 and [0025] “an upper frame 10”.); an armrest tube rotatably connected with the frame (at least Figs. 1 and 5 element 15 and [0037] “the second part 15 is pivotally coupled with the support members 30 to move reversibly from a first position (FIGS. 1-4) to a second position (FIGS. 5-8) to move the second part 15 relative to the first part 11”.); and
an armrest rotating mechanism for rotating the armrest tube (at least Figs. 1-2 element 33), the armrest rotating mechanism comprising: an engagement device disposed between the armrest tube and the frame and for positioning the armrest tube relative to the frame (at least Figs. 1-2 element 70); and
an operation device disposed on the armrest tube and connected with the engagement device (at least Figs. 1-3 element 60),
the engagement device comprises a fixing holder fixed on the frame (at least Figs. 5-6 element 50), an end of the fixing holder being fixed on the frame, another end of the fixing holder being pivoted to the armrest tube (at least Figs. 5-6).
Damiani does not explicitly teach:
wherein the operation device is capable of being operated to drive the engagement device to disengage the armrest tube from the frame, to enable the armrest tube to be rotated.
However, Cheng teaches:
wherein the operation device is capable of being operated to drive the engagement device to disengage the armrest tube from the frame, to enable the armrest tube to be rotated (at least Figs. 6-8 and [Col. 4 lines 5-25] “pressing the transverse bolt 70 to move from the first inner surface 66 toward the second inner surface 68 of the T-shaped body 62, to thereby have the bevel surfaces 72a and 72b moved away from the first surface 66 of the T-shaped body 62 to approach the second surface 68 of the T-shaped body 62. In such a condition, since the ends of the bottom side-bars 22, 24 can extend past the transverse bolt 70 respectively along the first bevel surface 72a and the second bevel surface 72b thereof”.).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention to have modified the child accommodating apparatus taught by Damiani with the operation device taught by Cheng with a reasonable expectation of success and predictable results to arrive at a child accommodating apparatus with an operation device. A person having ordinary skill would have been motivated to do so because “the first bottom side-bar 22 and the second bottom side-bar 24 can be securely coupled as an integral straight section of bar to guarantee the structural rigidity of the invention” (Cheng [Col. 3 lines 60-67]).
Re Claim 12, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 1 (detailed with respect to claim 1).
Damiani further teaches:
wherein a positioning groove is formed on the fixing holder, the engagement device further comprises: an engaging pin engaged with the positioning groove (at least Figs. 6-8 and [Col. 3 lines 44-65] “the first auxiliarity coupling holder 60 includes a T-shaped body 62 defining a space 64 defined therein, a transverse bolt 70, and a L-shaped lever 80 (the second auxiliary coupling holder 60' has the same structure as the first auxiliary coupling holder 60, thus description therefor is omitted here). The space 64 is partially defined by a first inner surface 66 and a second inner surface 68 (opposite to the first inner surface 66) of the T-shaped body 62”.);
Cheng further teaches:
and a transmission member connected to the engaging pin and the operation device; wherein the operation device is operated to drive the transmission member to disengage the engaging pin from the positioning groove (at least Figs. 6-8 element 82).
Re Claim 13, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 12 (detailed with respect to claim 12).
Damiani further teaches:
wherein the engagement device further comprises: a sliding member fixed on the engaging pin (at least Figs. 5-6 element 50 and [0053] “locking members 50 to lock the second part 15 relative to the support members 30 in the first position”.); and a resilient member disposed between the armrest tube and the sliding member (at least Figs. 5-6 element 16b and [0050] ‘second portions 16b extending perpendicularly to the first portions 16a and joined with the first portions 16a through curved portions 16c”.).
Cheng further teaches:
the transmission member being connected to the sliding member and the operation device (at least Figs. 6-8 element 82).
Re Claim 14, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 12 (detailed with respect to claim 12).
Damiani further teaches:
wherein the positioning groove comprises: a groove portion (at least Figs. 5-6 element 51. It is noted that element 51 is directed towards a pin, and there must be a groove present that the pin fits within.); and a plurality of restraining portions positioned at two terminal ends of the groove portion, the engaging pin being configured to move in the groove portion and to be restrained at one of the plurality of restraining portions (at least Figs. 5-6 element 70 and [0056] “Preferably stop members 70 are provided to stop the second part 15 in the second position. According to one embodiment, the stop members 70 comprise a stop surface formed on the opposed sections 16 of the second part 15 and configured to abut against a stop surface formed on the coupling members 33, 34. The stop surface of the second part 15 may be formed in a pin or hook”.).
Re Claim 15, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 12 (detailed with respect to claim 12).
Damiani further teaches:
wherein the engagement device further comprises: a restoring member installed on the fixing holder, an end of the restoring member abutting against the fixing holder, and another end of the restoring member abutting against the armrest tube (at least Figs. 5-6 element 70 and [0056] “Preferably stop members 70 are provided to stop the second part 15 in the second position. According to one embodiment, the stop members 70 comprise a stop surface formed on the opposed sections 16 of the second part 15 and configured to abut against a stop surface formed on the coupling members 33, 34. The stop surface of the second part 15 may be formed in a pin or hook”. It is noted that the restoring member taught by Damiani element 70 is the same as the restraining portion of claim 4 because element 70 stops the rotation of the armrest tube in either direction. Therefore, when the armrest is rotated back to its starting position, it is restored.).
Re Claim 16, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 12 (detailed with respect to claim 12).
Cheng further teaches:
wherein the operation device further comprises: a button body left and right movably accommodated in the housing and partially exposed outside the housing; a locking pin connected with the button body; and a positioning hole positioned on a side of the housing, the locking pin being configured to protrude out of the housing so as to engage with the positioning hole (at least Figs. 6-8 and [Col. 4 lines 21-30] “the L-shaped lever 80 is rotatably mounted on the T-shaped body 62 to be engageable with the transverse bolt 70. The L-shaped lever 80 is provided with a boss 82 while the transverse bolt 70 defines a recessed hole 74 which is capable of receiving the boss 82. When the L-shaped lever 80 is turned upwards, the L-shaped lever 80 is held in a fixed place”.).
Re Claim 17, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 16 (detailed with respect to claim 16).
Cheng further teaches:
further comprising a leaf spring installed inside the button body (at least Figs. 6-8).
Re Claim 20, the combination of Damiani and Cheng teaches:
The child accommodating apparatus of claim 1 (detailed with respect to claim 1).
Damiani further teaches:
wherein a positioning groove is formed on the fixing holder, the engagement device further comprises: an engaging pin engaged with the positioning groove (at least Figs. 6-8 and [Col. 3 lines 44-65] “the first auxiliarity coupling holder 60 includes a T-shaped body 62 defining a space 64 defined therein, a transverse bolt 70, and a L-shaped lever 80 (the second auxiliary coupling holder 60' has the same structure as the first auxiliary coupling holder 60, thus description therefor is omitted here). The space 64 is partially defined by a first inner surface 66 and a second inner surface 68 (opposite to the first inner surface 66) of the T-shaped body 62”.);
Cheng further teaches:
and a transmission member connected to the engaging pin and the operation device (at least Figs. 6-8 element 82); the operation device comprises: a housing fixed on the armrest tube; a button body up and down movably installed on the housing and the armrest tube; and an inserting pin configured to be selectively engaged with the button body, wherein the inserting pins is connected with the transmission member and the arm rest tube (at least Figs. 6-8 and [Col. 4 lines 21-30] “the L-shaped lever 80 is rotatably mounted on the T-shaped body 62 to be engageable with the transverse bolt 70. The L-shaped lever 80 is provided with a boss 82 while the transverse bolt 70 defines a recessed hole 74 which is capable of receiving the boss 82. When the L-shaped lever 80 is turned upwards, the L-shaped lever 80 is held in a fixed place”.).
Allowable Subject Matter
Claims 2-11 and 18-19 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.
The following is a statement of reasons for the indication of allowable subject matter: Examiner notes that US 20170238721 A1 to Damiani, US 5911653 to Cheng, and US 20160286979 A1 to Sclare are particularly relevant.
Regarding claim 2, the primary reference Damiani teaches a child accommodating apparatus comprising a frame, armrest tube, and armrest rotating mechanism. However, Cheng does not teach Applicant’s claimed “wherein the operation device comprising: a housing coaxially and rotatably sleeved on the armrest tube and rotatable relative to the armrest tube; wherein when the housing of the operation device is operated to rotate relative to the armrest tube, a rotating movement of the housing of the operation device drives the engagement device to disengage the armrest tube from the frame”. In other words, Applicant’s claimed limitation is directed towards Applicant’s Figs. 1-6 operation device 19 that is coaxial with the armrest tube 13 and operates by twisting along the armrest tube axis in order to disengage the armrest tube from the frame. Damiani does not teach the claimed limitation because Damiani relies on a button mechanism 61 to unlock the armrest tube (Figs. 5-8). Cheng operates by a device 60 pivoting in a direction perpendicular to the axis of the tubes 22, 24, as indicated by the arrow in Figs. 9-10, and so does not teach Applicant’s claimed limitation. Sclare relies on a pivoting mechanism (Figs. 8-9) that is not coaxial with the armrest tube, and so does not teach Applicant’s claimed limitation. There is no reason to further modify Damiani.
There is no teaching suggestion, or motivation to result in Applicant’s claimed structure. The dependent claims contain allowable subject matter for similar reasons due to their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE SUN/Primary Examiner, Art Unit 3673
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