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 June 11, 2025 has been considered.
Specification
The specification should be updated to reflect the status of any related application, where appropriate.
Drawings
The drawings filed May 16, 2025 are approved.
Claim Objections
Claims 11-20 are objected to because of the following informalities:
In line 10 of claim 11, the term “the” should appear after “between”. In line 2 of claim 13, the term “are” should appear after “sections”. The remaining claims are objected to as each depends from an objected to claim. Appropriate correction is required.
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 14-16 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 14 recites the limitation “each insert is substantially incompressible”. This limitation does not appear to be supported by the originally filed disclosure. Note U.S. Application Serial No. 17/848,732. This limitation appears to represent new matter. It is requested that Applicant indicate on the record where support for this limitation can be found in the originally filed disclosure.
Claims 15 and 16 are rejected as being dependent from rejected claim 14.
Claim 12 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The claim recites the limitation “the insert includes an outer surface configured to engage the head of the child” in lines 1 to 2. The insert is previously set forth as “positioned between the support layer and the outer trim”. See claim 11, from which claim 12 depends. Since the insert is sandwiched between two elements, it cannot be ascertained how it can physically engage the head of the child. It appears that one of the sandwiching elements would prevent such capability. As such, enablement is lacking.
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 3, 4, and 17 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.
Claim 3 recites the limitation “the second outer contour includes at least a portion that is convex relative to the head of the child”. This recitation appears to positively claim the child while defining structure of the invention relative to the anatomy of the child. Such renders the claim as indefinite. Similarly note claim 4.
Claim 17 recites the limitation "each energy-redirection layer". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 11, 13, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allen (US8690237).
A child restraint comprising a backrest (74) and a headrest (78) coupled to the backrest for supporting a head of a child, the headrest including a rear section (see broken lines, Fig. 3) arranged along the backrest, a first side section (82) extending outwardly away from the rear section, and a second side section (the other 82) extending outwardly away from the rear section, wherein the first side section and the second side section each include a support layer (84) coupled to the backrest, a comfort layer (32) coupled to an outer surface of the support layer, an insert (34) configured to at least partially overly the comfort layer to position at least a portion of the comfort layer between support layer and at least a portion of the insert, and an outer trim (86) configured to cover the comfort layer and the insert so that the comfort layer and the insert are positioned between the support layer and the outer trim.
Regarding 13, note the first and second side sections spaced apart from a longitudinal centerline of the headrest located between the first and second side sections and extending from the rear section away from the backrest, wherein the outer surface of each insert is spaced a distance from the longitudinal centerline of the headrest, and wherein the distance increases as the outer surface of each insert extends away from the rear section toward a distal end of each corresponding insert. See Fig. 3.
Regarding claim 18, note the headrest does not include any side impact air bags. Note that none are disclosed.
Regarding claim 19, note the headrest is movable relative to the backrest. See lines 1-2, col. 7.
Claim(s) 11, 13, 14, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pleiman et al (US9950649).
A child restraint comprising a backrest (14) and a headrest (16) coupled to the backrest for supporting a head of a child, the headrest including a rear section (see Figs. 1-3) arranged along the backrest, a first side section (17) extending outwardly away from the rear section, and a second side section (19) extending outwardly away from the rear section, wherein the first side section and the second side section each include a support layer (46) coupled to the backrest, a comfort layer (36) coupled to an outer surface of the support layer, an insert (32) configured to at least partially overly the comfort layer to position at least a portion of the comfort layer between support layer and at least a portion of the insert, and an outer trim (21) configured to cover the comfort layer and the insert so that the comfort layer and the insert are positioned between the support layer and the outer trim.
Regarding 13, note the first and second side sections spaced apart from a longitudinal centerline of the headrest located between the first and second side sections and extending from the rear section away from the backrest, wherein the outer surface of each insert is spaced a distance from the longitudinal centerline of the headrest, and wherein the distance increases as the outer surface of each insert extends away from the rear section toward a distal end of each corresponding insert. See Figs. 1-3.
Regarding claim 14, note each insert (32) is substantially incompressible. Note that these are made of a threadable material, thereby necessitating incompressibility.
Regarding claim 18, note the headrest does not include any side impact air bags, wherein none are disclosed.
Regarding claim 19, note the headrest is movable relative to the backrest. See the abstract.
Allowable Subject Matter
Claims 1, 2 and 5-10 are allowed.
Claims 3, 4 and 17 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 a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the prior art of record singly or in union does not show a child restraint comprising a backrest and a headrest coupled to the backrest, wherein each energy-redirection layer has a compression strength at 25% of at least 6 psi when measured in accordance with ASTM-D3575, in combination with all other specifically claimed features.
Conclusion
Applicant is advised that although claims 12, 15 and 16 have not been rejected in view of the prior art, these claims are not considered allowable in view of the rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DE102010054083B4 shows a headrest having an incompressible foam portion.
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mn /MILTON NELSON JR/September 18, 2026 Primary Examiner, Art Unit 3636
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