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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitations of an indication member. However, the specification fails to disclose an indication member.
Claim 10 recites the limitations of a movable member. There is no support for a movable member in the specification.
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) 1-7, 10, 11, 16, 17 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Mo (8,973,987).
Regarding claim 1, Mo discloses an infant car seat, comprising: a seat base 200; a stability leg 100a coupled to the seat base, the stability leg comprising: a mark 42 disposed on the stability leg; and an indication member 40 movable to cover the mark when the stability leg is in contact with a floor.
Regarding claim 2, Mo discloses the indication member 40 is hidden when the stability leg is not in contact with the floor.
Regarding claim 3, Mo discloses the mark 42 (col. 3, lines 40-50) is visible only when the stability leg is not in contact with the floor.
Regarding claim 4, Mo discloses the mark 42 is arranged near a bottom of the stability leg.
Regarding claim 5, Mo discloses the indication member 40 is positioned at least partially below the mark 42 (see figures) when the stability leg is not in contact with the floor.
Regarding claim 6, Mo discloses the indication member 40 (col. 3, lines 40-50) is translatable relative to the mark.
Regarding claim 7, Mo discloses the stability leg further comprises an elastic component 50 operably disposed between the mark and the indication member, wherein the elastic component is configured to bias the indication member toward the away from the mark.
Regarding claim 10, Mo discloses an infant car seat, comprising: a seat base 200; a stability leg 100a associated with the seat base and transformable between a non-contact mode and a contact mode in response to engagement with a floor (col. 3, lines 30-51), the stability leg comprising: at least one leg member; a first indication mark 42 at the at least one leg member; and a movable member 40, the first indication mark being visible at an exterior of the stability leg when the stability leg is in the non-contact mode and the first indication mark being blocked by the movable member when the stability leg is in the contact mode (col. 3, lines 30-51).
Regarding claim 11, Mo discloses the first indication mark 42 is not visible at the exterior of the stability leg when the stability leg is in the contact mode (see figures).
Regarding claim 16, Mo discloses an elastic component 50 operably coupled to the movable member, the elastic component being configured to bias the stability leg into the non-contact mode.
Regarding claim 17, Mo discloses the stability leg includes a first foot housing 20 and the elastic component 50 is positioned between the movable member and the first foot housing.
Allowable Subject Matter
Claims 8, 9, 12-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 8, Mo fails to disclose when the stability leg is not in contact with the floor, the mark is visible 360° about the stability leg.
Regarding claim 12, Mo fails to disclose the stability leg includes a second indication mark, the second indication mark being arranged at an exterior of the movable member.
Regarding claim 13, Mo fails to disclose the stability leg includes a first foot housing and a second foot housing, wherein the first indication mark is associated with the first foot housing and the movable member is movably associated with the second foot housing.
No other prior art references in the record whether taken alone or in combination can solve these dissimilarities.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED A ISLAM whose telephone number is (571)272-7768. The examiner can normally be reached 10am-10pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. 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.
/SYED A ISLAM/ Primary Examiner, Art Unit 3636
Prosecution Insights