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 .
Claims 1-20 are pending.
Claims 1-20 have been examined.
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 4 and 14 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.
Claims 4 and 14 recite wherein “the fixing device includes a guiding member is provided with a guiding hole for the connecting part to pass through and the connecting part slides along the guiding hole such that the fixing part is telescopically adjustable.” It is unclear how the guiding member is included in the “fixing device” as the fixing device is “movably arranged on the base” and comprises the connecting part which moves relative to the guiding member which is part of the fixing device itself (i.e. fig. 5 shows 13 connected and stationary relative to the base with the connecting part moving therethrough and appears better described as part of the base).
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) 1-3, 5-13 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu et al. (CN 203211133) (“Fu”). Fu discloses a telescopic adjustment structure arranged on a base, comprising: a fixing device (fig. 2) movably arranged on the base (fig. 1: 1), comprising a plurality of positioning parts; a locking member (fig. 1: 7) movably arranged on the base and capable of locking the fixing device, wherein the fixing device is configured to be locked to different corresponding positions of the base by the locking member cooperating with different positioning parts (fig. 2: 9), or the fixing device is movable relative to the base by the locking member separated from the positioning parts; and an elastic member (fig. 1: 13) on the locking member, wherein the locking member is arranged elastically telescopic on the base, wherein the elastic member is configured to bias the locking member toward the positioning parts in a first direction, and wherein a position of the fixing device relative to the base is telescopically adjustable in a second direction.
As concerns claims 2 and 12, Fu discloses wherein the fixing device comprises a fixing part (fig. 2: 20) and a connecting part (fig. 2: 3, 4), the positioning parts is arranged on the connecting part, and a length of the fixing part protruding out of the base is adjusted by the locking member locked to different positioning parts.
As concerns claims 3 and 13, Fu discloses wherein the positioning parts are positioning holes (fig. 2: 9) or positioning slots.
As concerns claims 5 and 15, Fu discloses wherein the elastic member has a constant tendency to lock the locking member to the fixing device (as shown in fig. 1).
As concerns claims 6 and 16, Fu discloses wherein the locking member is provided with an engaging part for fixing the elastic member (fig. 1: inner end of rods 7), one end of the elastic member is arranged on the engaging part, and the other end of the elastic member is fixed to the base (fig. 1: 12).
As concerns claims 7 and 17, Fu discloses wherein the base is further provided with a mounting frame (fig. 1: 11), the mounting frame is arranged on a side of the fixing device close to the locking member, a limiting hole is arranged on the mounting frame, and the locking member passes through the limiting hole to be locked or unlocked with the positioning parts (fig. 1: 7 passes through the hole in mounting frame 11).
As concerns claims 8 and 18, Fu discloses wherein the base is further provided with a driving assembly (fig. 3), one end of the driving assembly is connected to the locking member, the other end of the driving assembly is arranged on the other side of the base in respect to a position where the fixing device is arranged, and the driving assembly is driven to separate the locking member from the positioning parts.
As concerns claims 9 and 19, Fu discloses wherein the driving assembly includes an releasing handle (fig. 3: 17) and a rotatably driving member (fig. 3: 8), the driving member is respectively connected to the locking member and the releasing handle; the releasing handle has one end connected to the driving member and the other end for a user to operate, the driving member brings the locking member to separate from the positioning parts by an operation of the other end of the releasing handle for a user to operate.
As concerns claims 10 and 20, Fu discloses a child safety carrier comprising a carrier body for carrying a child, wherein the base is connected to the carrier body, and wherein the base is provided with the telescopic adjustment structure according to claim 1 (the device is a child safety carrier/seat base).
As concerns claim 11, Fu discloses a method of forming a telescopic adjustment structure arranged on a base, comprising: movably arranging a fixing device on the base (fig. 2), the fixing device comprising a plurality of positioning parts (fig. 2: 9); movably arranging a locking member (fig. 1: 7) on the base, the locking member being capable of locking the fixing device, wherein the fixing device is configured to be locked to different corresponding positions of the base by the locking member cooperating with different positioning parts, or the fixing device is movable relative to the base by the locking member separated from the positioning parts; and disposing an elastic member (fig. 1: 13) on the locking member, wherein the locking member is arranged elastically telescopic on the base, wherein the elastic member is configured to bias the locking member toward the positioning parts in a first direction, and wherein a position of the fixing device relative to the base is telescopically adjustable in a second direction (as shown in fig. 1).
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) 4 and 14, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu. As concerns claims 4 and 14, Fu teaches wherein the fixing device includes a guiding member (paragraph 0023 teaches the base having a slide rail for sliding of 3, 4 along the rail), such that the connecting part slides along the guiding member such that the fixing part is telescopically adjustable, but does not teach wherein the guiding member includes a guiding hole. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide a bracket/upper portion to the sliding rail of the base in order to maintain the connecting part sliding within the rail.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
