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 April 23, 2025 has been considered.
The information referred to in the IDS filed April 29, 2026 has been considered.
Specification
The status of any related application should be updated on page 1 of the specification.
Drawings
The drawings filed April 23, 2025 are approved.
Claim Objections
Claim 32 is objected to because of the following informality: Line 2 appears to include a typographical error. Note the recitation “is configured generate a”. Appropriate correction is required.
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) 25, 26 and 34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DeJule (US10470576).
Note a child swing, comprising: a base (16) configured to support the child swing on a floor; a column (98) extending upwards from the base and defines an axis of rotation; a seat (84) supported by the column above the base, the column configured to transition the seat between a lowered position in which the seat is positioned at a first height above the floor, and a raised position in which the seat is positioned at a second height above the floor, greater than the first height (see lines 13-15, col. 8), the seat being configured to swing about the axis of rotation (see Fig. 6) in both the lowered position and the raised position; and a vibration device (14, 14) connected to the base such that vibration generated by the vibration device is transmitted to the column and the seat from the base.
Regarding claim 26, note the base defines a cavity, and wherein the vibration device is at least partially positioned within the cavity. See Fig. 6.
Regarding claim 34, note the vibration device is connected to the base such that vibration generated by the vibration device is transmitted to the column and the seat from the base when the seat is in both the lowered position and the raised position. See Fig. 6.
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) 25 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch et al (US8556349) in view of CN112274403A.
The primary reference shows all claimed features of the instant invention with the exception of a vibration device connected to the base such that vibration generated by the vibration device is transmitted to the column and the seat from the base (claim 25); wherein the base defines a cavity, and wherein the vibration device is at least partially positioned within the cavity (claim 26).
In the primary reference, note a child swing, comprising: a base (12) configured to support the child swing on a floor; a column (52, 54) extending upwards from the base and defines an axis of rotation; a seat (40) supported by the column above the base, the column configured to transition the seat between a lowered position in which the seat is positioned at a first height above the floor, and a raised position in which the seat is positioned at a second height above the floor, greater than the first height (see line 67, col. 4, and line 1, col. 5), the seat being configured to swing about the axis of rotation (see Fig. 2) in both the lowered position and the raised position.
The secondary reference teaches configuring a seating device with a vibration device (551, 553) connected to a base (truncated base) such that vibration generated by the vibration device is transmitted to a column (upright member) and the seat from the base (see Figs. 1 and 2). Note that the base defines a cavity, and wherein the vibration device is at least partially positioned within the cavity (see Fig. 2).
Regarding claim 26, note the base defines a cavity, and wherein the vibration device is at least partially positioned within the cavity. See Fig. 6.
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 a vibration device as connected to the base such that vibration generated by the vibration device is transmitted to the column and the seat from the base (regarding claim 25); configuring the base as defining a cavity, and locating the vibration device as at least partially positioned within the cavity (regarding claim 26). Modifying the primary reference in view of the teachings of the secondary reference enhances selective user comfort and soothing, while maintaining a unitary, low-profile structure.
Claim(s) 25, 26 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Welch et al (US8556349) in view of KR.
The primary reference shows all claimed features of the instant invention with the exception of a vibration device connected to the base such that vibration generated by the vibration device is transmitted to the column and the seat from the base (claim 25); wherein the base defines a cavity, and wherein the vibration device is at least partially positioned within the cavity (claim 26); wherein the vibration device includes one of an eccentric rotating mass and a linear resonant actuator (claim 33).
In the primary reference, note a child swing, comprising: a base (12) configured to support the child swing on a floor; a column (52, 54) extending upwards from the base and defines an axis of rotation; a seat (40) supported by the column above the base, the column configured to transition the seat between a lowered position in which the seat is positioned at a first height above the floor, and a raised position in which the seat is positioned at a second height above the floor, greater than the first height (see line 67, col. 4, and line 1, col. 5), the seat being configured to swing about the axis of rotation (see Fig. 2) in both the lowered position and the raised position.
The secondary reference teaches configuring a seating device with a vibration device (10, 11) connected to a base (see the shell at 20, and the leg members) such that vibration generated by the vibration device is transmitted to a column (note the upright of 30) and the seat from the base. Note that the base defines a cavity (see Figs. 1 and 2), and wherein the vibration device is at least partially positioned within the cavity (see Fig. 1). Additionally, note that the vibration device includes one of an eccentric rotating mass (10) and a linear resonant actuator.
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 a vibration device as connected to the base such that vibration generated by the vibration device is transmitted to the column and the seat from the base (regarding claim 25); configuring the base as defining a cavity, and locating the vibration device as at least partially positioned within the cavity (regarding claim 26); and configuring the vibration device as including one of an eccentric rotating mass and a linear resonant actuator (claim 33). Modifying the primary reference in view of the teachings of the secondary reference enhances selective user comfort and soothing, while maintaining a unitary, low-profile structure.
Allowable Subject Matter
Claims 27-32 and 35-39 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. Houston et al (US20160144404) shows a magnet driven vibration assembly.
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mn /MILTON NELSON JR/August 31, 2026 Primary Examiner, Art Unit 3636
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