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 Objections
Claims 13-15 are objected to because of the following informalities: claim 13 recites “distance (xi) less than” but (xi) is unclear to Examiner if it is referring to an element in a drawing. Claim 14 is dependent on claim 13 and objected to for the same reason. Claim 15 is objected to for similar reasons for the limitations “(zi)” and “(z2)”. Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-23 and 37 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “near” in claims 22 and 37 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claim 23 is rejected due to its dependency on claim 22.
Claim Rejections - 35 USC § 102
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.
Claim(s) 2-6, 8-10, 12-23, 29, and 31-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20090019637 A1 to Gehr.
Re Claim 2, Gehr teaches:
A foldable playard defining an interior space when the foldable playard is in an unfolded configuration (at least [Abstract] “playard is movable between an open arrangement and a folded arrangement”), the foldable playard comprising:
a plurality of leg support assemblies, each leg support assembly comprising: a leg tube, disposed along a side edge of the interior space, the leg tube having a top end disposed at a top vertex of the interior space (at least Figs. 1-2 and [0054] “the collapsible frame structure 12 includes a plurality of legs 18”.);
a corner coupled to the top end of the leg tube (at least Fig. 2 element 24); and
a slider slidably coupled to the leg tube such that the slider is disposed proximate to the corner when the foldable playard is in the unfolded configuration: a plurality of X- frame assemblies positioned at respective side faces of the interior space between adjacent leg support assemblies of the plurality of leg support assemblies, each X-frame assembly of the plurality of X-frame assemblies forming a top rail between the adjacent leg support assemblies (at least Fig. 2 element 30 and 40 and [0061] “the slider joints 30, 40 slidingly engages a respective one of the legs 18. For example, the leg 18 passes through hole 31, 41 in slider joints 30, 40, respectively”.); and
a latch mechanism to maintain the foldable playard in the unfolded configuration when the latch mechanism is in a locked configuration (at least Fig. 2 element 50 and [0064] “collapsible frame structure 12 also includes at least one latch mechanism 50. Each latch mechanism 50 is configured to selectively engage at least one of the slider joints 40 with a respective leg 18”.),
wherein respective pairs of adjacent leg support assemblies of the plurality of leg support assemblies are only coupled together via one X-frame assembly of the plurality of X-frame assemblies (at least Figs. 1-2 and [0059] “an end of a cross member 22 can be positioned within a recess 27 defined by adjacent walls 26”.).
Re Claim 3, Gehr teaches:
The foldable playard of claim 2, wherein the interior space has a cross-section shape, in a plane parallel to a ground, forming at least one of a square, a rectangle, or a hexagon (at least Fig. 1).
Re Claim 4, Gehr teaches:
The foldable playard of claim 2, wherein the leg tube of each leg support assembly has an oval-shaped cross-section (at least Fig. 4).
Re Claim 5, Gehr teaches:
The foldable playard of claim2, wherein the leg tube of each leg support assembly is curved such that the slider of each leg support assembly moves along a curved path and the interior space has a convex shape (at least Fig. 8).
Re Claim 6, Gehr teaches:
The foldable playard of claim2, wherein: each X-frame assembly of the plurality of X-frame assemblies comprises a plurality of X-tubes (at least Fig. 2); and respective leg tubes of the plurality of leg support assemblies and respective pluralities of X-tubes of the plurality of X-frame assemblies are formed from steel (at least [0055] “Each of the legs 18 may comprise a hollow tube and may be made of plastic, metal, such as steel or aluminum, or any other suitable material”).
Re Claim 8, Gehr teaches:
The foldable playard of claim 2,wherein: each X-frame assembly of the plurality of X-frame assemblies comprises a plurality of X-tubes (at least Fig. 2); and respective leg tubes of the plurality of leg support assemblies and respective pluralities of X-tubes of the plurality of X-frame assemblies are formed from at least one of aluminum or carbon fiber (at least [0055] “Each of the legs 18 may comprise a hollow tube and may be made of plastic, metal, such as steel or aluminum, or any other suitable material”).
Re Claim 9, Gehr teaches:
The foldable playard of claim 2,wherein: the sliders in the plurality of leg support assemblies are identical (at least Fig. 2 element 30 and 40 and [0061] “the slider joints 30, 40 slidingly engages a respective one of the legs 18. For example, the leg 18 passes through hole 31, 41 in slider joints 30, 40, respectively”.); and the corners in the plurality of leg support assemblies are identical (at least Fig. 2 element 24).
Re Claim 10, Gehr teaches:
The foldable playard of claim 2, wherein respective sliders of the plurality of leg support assemblies are disposed underneath a portion of the respective corners when the foldable playard is in the unfolded configuration (at least Fig. 2 element 30 and 40 and [0061] “the slider joints 30, 40 slidingly engages a respective one of the legs 18. For example, the leg 18 passes through hole 31, 41 in slider joints 30, 40, respectively”.).
Re Claim 12, Gehr teaches:
The foldable playard of claim 2,wherein the plurality of X-frame assemblies comprises a first X-frame assembly disposed between and coupled to a first leg support assembly and a second leg support assembly in the plurality of leg support assemblies, the first X-frame assembly comprising: a first X-tube rotatably coupled to the corner of the first leg support assembly and the slider of the second leg support assembly; and a second X-tube rotatably coupled to the corner of the second leg support assembly and the slider of the first leg support assembly, the second X-tube being rotatably coupled to the first X-tube (at least Figs. 1-2 and [0058] “plurality of cross members 22 may be arranged in pairs, where each pair of cross members 22 extends between respective adjacent legs 18. Each pair of cross members 22 may be arranged in an X-shape. In addition, each pair of cross members may be pivotally connected at pivots P so that, when the frame structure 12 is collapsed to the folded arrangement, the cross members 22 can pivot relative to each other”.).
Re Claim 13, Gehr teaches:
The foldable playard of claim12, wherein: respective leg tubes of the first leg support assembly and the second leg support assembly have identical lengths (at least Figs. 1-4); and
the first X-tube and the second X-tube of the first X-frame assembly are positioned within a top portion of the side faces of the interior space in the unfolded configuration, the top portion being located between the top ends of respective leg tubes of the first leg support assembly and the second leg support assembly and a horizontal axis offset from the top end of the respective leg tubes of the first leg support assembly and the second leg support assembly by a distance (xi) less than or equal to about20% of the identical lengths of the respective leg tubes (at least Figs. 1-2 and [0058] “plurality of cross members 22 may be arranged in pairs, where each pair of cross members 22 extends between respective adjacent legs 18. Each pair of cross members 22 may be arranged in an X-shape. In addition, each pair of cross members may be pivotally connected at pivots P so that, when the frame structure 12 is collapsed to the folded arrangement, the cross members 22 can pivot relative to each other”.).
Re Claim 14, Gehr teaches:
The foldable playard of claim 13, wherein: the first X-tube of the first X-frame assembly has a first end, a second end, and a central portion disposed between the first end and the second end, the first X-tube being shaped such that the first end and the second end are aligned along a first axis and the central portion is aligned along a second axis offset from and in parallel alignment to the first axis; the second X-tube in the first X-frame assembly is identical in shape to the first X-tube (at least Figs. 1-2 and [0054] “the collapsible frame structure 12 includes a plurality of legs 18”.); and the offset between the first axis and the second axis sufficiently separates the respective central portions of the first X-tube and the second X-tube such that respective contact points between the first X-tube, the second X-tube and the respective sliders and corners of the first and second leg support assemblies lie along one side face of the interior space (at least Fig. 2 element 30 and 40 and [0061] “the slider joints 30, 40 slidingly engages a respective one of the legs 18. For example, the leg 18 passes through hole 31, 41 in slider joints 30, 40, respectively”.).
Re Claim 15, Gehr teaches:
The foldable playard of claim 12, wherein: the first X-tube is identical to the second X-tube; the first X-tube has a first end and a second end (at least Figs. 1-2 and [0054] “the collapsible frame structure 12 includes a plurality of legs 18”.); the first X-tube is rotatably coupled to the second X-tube at a pivot point; and the pivot point is positioned on the first X-tube such that a first distance (zi) between the pivot point and the first end is less than a second distance (z2) between the pivot point and the second end thereby causing respective leg tubes of the first leg support assembly and the second leg support assembly to become tilted such that the top ends of the respective leg tubes are positioned closer together than bottom ends of the respective leg tubes when the foldable playard is in the unfolded configuration (at least Figs. 1-2 and [0058] “plurality of cross members 22 may be arranged in pairs, where each pair of cross members 22 extends between respective adjacent legs 18. Each pair of cross members 22 may be arranged in an X-shape. In addition, each pair of cross members may be pivotally connected at pivots P so that, when the frame structure 12 is collapsed to the folded arrangement, the cross members 22 can pivot relative to each other”.).
Re Claim 16, Gehr teaches:
The foldable playard of claim 2, wherein the plurality of X-frame assemblies comprises a first X-frame assembly, disposed between and coupled to a first leg support assembly and a second leg support assembly of the plurality of leg support assemblies, the first X-frame forming a double X-frame structure and comprising: a first X-tube rotatably coupled to the corner of the first leg support assembly; a second X-tube rotatably coupled to the slider of the first leg support assembly and the first X-tube; a third X-tube rotatably coupled to the corner of the second leg support assembly and the first X-tube; and a fourth X-tube rotatably coupled to the slider of the second leg support assembly, the second X-tube, and the third X-tube (at least Figs. 1-2 and [0058] “plurality of cross members 22 may be arranged in pairs, where each pair of cross members 22 extends between respective adjacent legs 18. Each pair of cross members 22 may be arranged in an X-shape. In addition, each pair of cross members may be pivotally connected at pivots P so that, when the frame structure 12 is collapsed to the folded arrangement, the cross members 22 can pivot relative to each other”.).
Re Claim 17, Gehr teaches:
The foldable playard of claim 16, wherein: the plurality of X-frame assemblies comprises a second X-frame assembly disposed between and coupled to the second leg support assembly and a third leg support assembly of the plurality of leg support assemblies, the second X-frame assembly comprising: a fifth X-tube rotatably coupled to the corner of the second leg support assembly and the slider of the third leg support assembly; and a sixth X-tube rotatably coupled to the slider of the second leg support assembly, the corner of the third leg support assembly, and the fifth X-tube; the third and fourth X-tubes of the first X-frame assembly and the fifth and sixth X-tubes of the second X-frame assembly have identical lengths (at least Figs. 1-2 and [0054] “the collapsible frame structure 12 includes a plurality of legs 18”.); and the third and fourth X-tubes of the first X-frame assembly are rotatably coupled together at a pivot point, the pivot point being positioned along respective lengths of the third and fourth X-tubes such that first respective locations where the third and fifth X-tubes couple to the corner of the second leg support assembly lie on a first horizontal plane and second respective locations where the fourth and sixth X-tubes couple to the slider of the second leg support assembly lie on a second horizontal plane (at least Figs. 1-2 and [0058] “plurality of cross members 22 may be arranged in pairs, where each pair of cross members 22 extends between respective adjacent legs 18. Each pair of cross members 22 may be arranged in an X-shape. In addition, each pair of cross members may be pivotally connected at pivots P so that, when the frame structure 12 is collapsed to the folded arrangement, the cross members 22 can pivot relative to each other”.).
Re Claim 18, Gehr teaches:
The foldable playard of claim 2, wherein: each leg support assembly further comprises: a foot, coupled to a bottom end of the leg tube, to support the foldable playard on a ground; and the bottom end of the leg tube is disposed at a bottom vertex of the interior space (at least Fig. 2).
Re Claim 19, Gehr teaches:
The foldable playard of claim 18, wherein the foot of each leg support assembly further comprises: a D-ring formed along a bottom portion of the foot and defining a through hole having a first longitudinal axis, the first longitudinal axis being oriented to be substantially parallel with a second longitudinal axis of the leg tube of the leg support assembly (at least Fig. 2 element 20).
Re Claim 20, Gehr teaches:
The foldable playard of claim 18, wherein the foot of at least one leg support assembly further comprises: a wheel to facilitate movement of the foldable playard along the ground (at least Fig. 2 element 20).
Re Claim 21, Gehr teaches:
The foldable playard of claim 2, wherein a bottom half portion of each leg tube of the plurality of leg support assemblies is not coupled to another leg support assembly of the plurality of leg support assemblies (at least Fig. 2).
Re Claim 22, Gehr teaches:
The foldable playard of claim 2, wherein the latch mechanism is disposed near the top end of the leg tube of the one leg support assembly (at least Fig. 2 element 50).
Re Claim 23, Gehr teaches:
The foldable playard of claim 22, wherein the latch mechanism is coupled, at least in part, to the corner of the one leg support assembly (at least Fig. 2 element 50 and [0064] “collapsible frame structure 12 also includes at least one latch mechanism 50. Each latch mechanism 50 is configured to selectively engage at least one of the slider joints 40 with a respective leg 18”.).
Re Claim 29, Gehr teaches:
The foldable playard of claim 22, further comprising: soft goods, coupled to the plurality of leg support assemblies, to cover the corners of the plurality of leg support assemblies and at least a portion of the plurality of X-frame assemblies and to define a partially enclosed space disposed within the interior space (at least Fig. 1 element 14 and [0049] “a soft goods or fabric enclosure 14 mounted to and supported by the collapsible frame structure 12”.).
Re Claim 31, Gehr teaches:
The foldable playard of claim 29, wherein the soft goods cover all of the plurality of X-frame assemblies (at least Fig. 1 element 14 and [0049] “a soft goods or fabric enclosure 14 mounted to and supported by the collapsible frame structure 12”.).
Re Claim 32, Gehr teaches:
The foldable playard of claim 29, wherein the soft goods comprises a floor portion that directly contacts a ground supporting the foldable playard (at least Fig. 1).
Re Claim 33, Gehr teaches:
The foldable playard of claim 29, wherein: the soft goods comprises a see-through portion disposed along one or more sides of the partially enclosed space in the unfolded configuration; and each X-frame assembly of the plurality of X-frame assemblies is positioned sufficiently proximate to the top ends of the leg tubes of the plurality of leg support assemblies so as not to block the see-through portion of the soft goods in the unfolded configuration (at least Fig. 1 and [0051] “enclosure 14 may also include a number of windows 16, which are transparent or semitransparent, so that a child can see outside of the enclosure 14 through the windows 16”.).
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.
Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehr in view of US 9144325 B1 to Sousa.
Re Claim 7, Gehr teaches:
The foldable playard of claim 6, wherein each X-tube of the plurality of X-tubes is formed from a round tube (at least Figs. 2 and 4 and [0055] “Each of the legs 18 may comprise a hollow tube”).
Gehr does not explicitly teach:
having an overall length greater than or equal to about24.5 inches and a diameter greater than or equal to about 0.625 inches.
However, Sousa teaches:
having an overall length greater than or equal to about 24.5 inches (at least [Col. 3 lines 1-10] “height of the frame (and therefore the length of the tubes) can vary from between about 20 inches to about 48 inches”) and a diameter greater than or equal to about 0.625 inches (at least [Col. 4 lines 1-5] “width of top railing 41 should be in the range of 0.75 to 2.5 inches”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the foldable playard taught by Gehr with the dimensions taught by Sousa with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because “When the tubes pivot vertically, the height of the assembly is increased and the structure collapses” (Sousa [Col. 4 lines 1-5]), which allows for ample space of the child in the unfolded configuration while also being compact for storage in the folded configuration. Further, it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” (MPEP 2144.04.IV.A).
Re Claim 11, Gehr teaches:
The foldable playard of claim 2 (detailed with respect to claim 2).
Gehr further teaches:
wherein: each X-frame assembly of the plurality of X-frame assemblies comprises a plurality of X-tubes, each X-tube of the plurality of X-tubes being rotatably coupled to one of the corner of one leg support assembly of the plurality of leg support assemblies, the slider of one leg support assembly of the plurality of leg support assemblies, or another X-tube of the plurality of X-tubes (at least Figs. 1-2 and [0058] “plurality of cross members 22 may be arranged in pairs, where each pair of cross members 22 extends between respective adjacent legs 18. Each pair of cross members 22 may be arranged in an X-shape. In addition, each pair of cross members may be pivotally connected at pivots P so that, when the frame structure 12 is collapsed to the folded arrangement, the cross members 22 can pivot relative to each other”.).
Gehr does not explicitly teach:
via a rivet joint; and the rivet joint comprises a rivet inserted through a hole formed in each X-tube, the hole being dimensioned to be sufficiently larger than the rivet so as to ensure a bottom end of respective leg tubes of the plurality of leg support assemblies contact a ground when the foldable playard is in the unfolded configuration.
However, Sousa teaches:
via a rivet joint; and the rivet joint comprises a rivet inserted through a hole formed in each X-tube, the hole being dimensioned to be sufficiently larger than the rivet so as to ensure a bottom end of respective leg tubes of the plurality of leg support assemblies contact a ground when the foldable playard is in the unfolded configuration (at least Figs. 5-6 and [Col. 3 lines 10-40] “secured to each other by means of a rivet pin 32 that extends through the aligned holes”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the frame taught by Gehr with the rivet taught by Sousa with a reasonable expectation of success and predictable results to arrive at a frame assembly connected via rivets. A person having ordinary skill in the art would have been motivated to do so because “This secures […] the tubes” (Sousa [Col. 3 lines 10-40]).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehr in view of US 20240206646 A1 to Thorne.
Re Claim 24, Gehr teaches:
The foldable playard of claim 2 (detailed with respect to claim 2).
Gehr does not explicitly teach:
wherein the latch mechanism maintains the unfolded configuration when a force greater than or equal to 10 lbs. is applied to the latch mechanism.
However, Thorne teaches:
wherein the latch mechanism maintains the unfolded configuration when a force greater than or equal to 10 lbs. is applied to the latch mechanism (at least [0132] “the interaction between the corner post cam roller 226 and cam slot 225 in the post mount 224 must pull the pull rods 310 down with approximately 50-pounds of force in an open state”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the frame taught by Gehr with the force taught by Thorne with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because “a tension level of at least 50-pounds must pull the pull rods 310 down so that the middle arm structure 38, which has a 13:1 leverage advantage over the pull rod 310 attachment point behind the upper arms 210, pulls sufficiently hard to stiffen the upper arms 210 and resist any attempt to pull upper arms 210 down” (Thorne [0129]).
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehr in view of US 20160242566 A1 to Tadipatri.
Re Claim 30, Gehr teaches:
The foldable playard of claim 29 (detailed with respect to claim 29).
Gehr does not explicitly teach:
wherein: the soft goods comprises one or more snap-fit connectors (at least [0032] “one or more snaps, buttons, buckles, clips, ties or other releasable attachment means”.) that couple to corresponding snap-fit receivers disposed on each corner of the plurality of leg support assemblies.
However, Tadipatri teaches:
wherein: the soft goods comprises one or more snap-fit connectors that couple to corresponding snap-fit receivers disposed on each corner of the plurality of leg support assemblies (at least Figs. 8A-B and [0032] “liner attachment loop 38 comprises an eyelet or loop extending from a corner post 22 or accessory mounting bracket 38 secured to a corner post of the frame 20, and the flap corner attachment strap 120 has a length and width configured to extend freely through the liner attachment loop and releasably secure by attachment to the flap 70 or other portion of the play yard. In the depicted embodiment, the flap corner attachment strap 120 has a tab of a first component (hook or loop) of a hook-and-loop attachment material on its free end […] one or more snaps, buttons, buckles, clips, ties or other releasable attachment means are provided in place of the hook-and-loop attachment material”.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the frame taught by Gehr with the snaps taught by Tadipatri with a reasonable expectation of success and predictable results to arrive at a liner attached to the frame via snaps. A person having ordinary skill in the art would have been motivated to do so because it allows “attach permanently or semi-permanently to the frame or other portions of the play yard” (Tadipatri [0032]).
Claim(s) 34-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gehr in view of US 20230175283 A1 to Liu.
Re Claim 34, Gehr teaches:
The foldable playard of claim 2 (detailed with respect to claim 2).
Gehr does not explicitly teach:
comprising: a plurality of canopy support assemblies, disposed, in part, above the interior space, to support a canopy cover that covers at least a portion of the interior space when present, each canopy support assembly comprising: a canopy bow disposed, in part, above the interior space; and a canopy clip disposed outside the interior space proximate to a first leg support assembly of the plurality of leg support assemblies, the canopy clip comprising: one or more snap features directly coupled to the leg tube of the first leg support assembly; and a canopy bow opening to receive a portion of the canopy bow to couple the canopy bow to the canopy clip.
However, Liu teaches:
comprising: a plurality of canopy support assemblies, disposed, in part, above the interior space, to support a canopy cover that covers at least a portion of the interior space when present (at least Fig. 1 elements 100, and 300), each canopy support assembly comprising: a canopy bow disposed, in part, above the interior space (at least Fig. 1 elements 300 and 400); and a canopy clip disposed outside the interior space proximate to a first leg support assembly of the plurality of leg support assemblies, the canopy clip comprising: one or more snap features directly coupled to the leg tube of the first leg support assembly (at least Figs. 1 and 8-12 and [0044] “first clipping part 124 is provided at a circumferential position of the first rotation base 120, and the first rotation limiting part 114 interacts with the first clipping part 124”); and a canopy bow opening to receive a portion of the canopy bow to couple the canopy bow to the canopy clip (at least Figs. 1-8 element 100 and [0036] “first canopy rod 300 and the second canopy rod 400 can be rotatably connected to the canopy engagement device 100”).
Re Claim 35, the combination of Gehr and Liu teaches:
The foldable playard of claim 34 (detailed with respect to claim 34).
Liu further teaches:
further comprising: the canopy cover, supported by respective canopy bows of the plurality of canopy support assemblies, to cover at least a portion of the interior space (at least Fig. 13 element 500).
Re Claim 36, the combination of Gehr and Liu teaches:
The foldable playard of claim 35 (detailed with respect to claim 35).
Liu further teaches:
wherein: the canopy clip of each canopy support assembly further comprises a hook; and the canopy cover comprises a plurality of tethers, each tether of the plurality of tethers wrapping around the hook of one canopy support assembly so as to keep the canopy cover taut along the respective canopy bows (at least Fig. 8 elements 120 and 130).
Re Claim 37, the combination of Gehr and Liu teaches:
The foldable playard of claim 34 (detailed with respect to claim 34).
Liu further teaches:
wherein the canopy clip further comprises: an alignment rib, disposed between the corner and the slider of the first leg support assembly when the canopy clip is coupled to the leg tube, to maintain the canopy clip near the top end of the leg tube (at least Fig. 10 elements 111 and 115).
Re Claim 38, the combination of Gehr and Liu teaches:
The foldable playard of claim 34 (detailed with respect to claim 34).
Liu further teaches:
wherein the canopy bow is partially disposed outside the interior space proximate to the corner and the slider (at least Figs. 1-4).
Re Claim 39, the combination of Gehr and Liu teaches:
The foldable playard of claim 34 (detailed with respect to claim 34).
Liu further teaches:
wherein: each canopy support assembly further comprises: a second canopy clip disposed outside the interior space proximate to a second leg support assembly of the plurality of leg support assemblies, the second canopy clip comprising: a second canopy bow opening to receive another portion of the canopy bow to couple the canopy bow to the second canopy clip; the canopy bow is oriented at an angle relative to respective leg tubes of the first and second leg support assemblies; and the first and second leg support assemblies are located at side edges of the interior space that are not adjacent with one another (at least Fig. 1 elements 100 and 400m).
Re Claim 40, the combination of Gehr and Liu teaches:
The foldable playard of claim 34 (detailed with respect to claim 34).
Liu further teaches:
further comprising: a hub, disposed above the interior space, to receive and rotatably couple to respective canopy bows of each canopy support assembly such that the canopy cover substantially covers the interior space when the canopy cover is present (at least Fig. 1 element 100).
Allowable Subject Matter
Claims 25-28 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 20090019637 A1 to Gehr, US 20080018146 A1 to Wahl, and US 20130092207 A1 to Lovley are particularly relevant.
Regarding claim 12, the primary reference Gehr teaches a frame for a foldable playard comprising X-frame assemblies and a latch but does not explicitly teach Applicant’s claimed “wherein the latch mechanism directly couples together the corner of the one leg support assembly and a first X-tube in one X- frame assembly of the plurality of X-frame assemblies when the latch mechanism is in the locked configuration, the first X-tube being directly coupled to the slider of the one leg support assembly”. As seen in Gehr Fig. 2, the latch 50 is located at a different position from the corner 24 of the leg support assembly 18, and therefore it is not capable of directly coupling to the corner. Although Wahl Figs. 2-7 teaches latch (locking handle 52) near the corner, the handle is pointed downwards and does not connect to the corner. Although Lovely Figs. 3-4 teach a detent actuator 70, it does not connect to the corner and instead serves to actuate the button 60 ([0023]). There is no teaching or suggestion in the prior art to result in Applicant’s claimed structure. The dependent claims are objected to 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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