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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second positioning element translatable relative to the first positioning element between travel, and first and second loading positions must be shown or the feature(s) canceled from the claim(s). The amended drawings directed to the elected embodiment (i.e. Figures 9) show five positions of the device but do not show translation from the travel to loading positions. That is, if Figure 9A shows a travel position and Figures 9B and 9D show first and second loading positions, then the second positioning element appears merely rotated relative to the first. If Figure 9A shows a travel position and Figures 9C and 9E show first and second loading positions, then the second positioning element appears translated relative to an intermediate position rather than the travel position. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US Patent Number 10640020).
Regarding claim 1, Jung discloses a child restraint system for installation in a vehicle, the child restraint system comprising: a support base (10) removably mountable to a vehicle seat of the vehicle (via 11; see at least Figure 5), the support base comprising: a first positioning element (32 and/or 40, 41); a second positioning element (31) configured to receive a child seat (seat frame 20 is mounted to 31), the second positioning element being movably connected to the first positioning element (31 at least rotates relative to 32 and slides relative to 40) and being translatable relative to the first positioning element between a travel position, a first loading position, and a second loading position (see Figures 13, 14 showing translation of 31 relative to 40, 41, as well as Figure 12 for instance showing a travel position with rotated first and second loading positions in phantom; note that the translation of Figures 13, 14 would be possible in the positions shown in Figure 12, and further note that Figures 9 and 10 also show a travel position and first loading position, respectively, while a second loading position with the seat rotated 180o from the position of Figure 10 is possible; see at least lines 12-29 of column 7); and wherein in the travel position, the second positioning element is aligned with the first positioning element (for instance, lateral axes of the elements are aligned), in the first loading position, the second positioning element is translated relative to the travel position such that the second positioning element is offset from the first positioning element in a first direction (the lateral axes rotated relative to one another and the second positioning element slid to provide the translated offset), and in the second loading position, the second positioning element is translated relative to the travel position such that the second positioning element is offset from the first positioning element in an opposite, second direction (the axes rotated in the opposite direction – see Figures 9, 10, and 12 as explained above – and the second positioning element slid to provide the translated offset).
Regarding claim 2, Jung further discloses the support base has a base axis extending between a front end and a rear end of the support base, and the second positioning element has a primary axis extending between the front end and the rear end of the second positioning element, the base axis and the primary axis being coaxial in the travel position (this is the general arrangement; see Figures 9 and/or 12).
Regarding claim 3, Jung further discloses the support base has a base axis extending between a front end and a rear end of the support base, in the first loading position, the second positioning element is offset from the base axis in the first direction and in the second loading position, the second positioning element is offset from the base axis in the second direction (again, see at least Figure 12).
Regarding claim 4, Jung further discloses the support base has a base axis extending between a front end and a rear end of the support base, wherein in the first loading position and the second loading position, the second positioning element is offset from the first positioning element along a travel axis, the travel axis being arranged at a non-parallel angle relative to the base axis (again, see at least Figure 12).
Regarding claim 5, Jung further discloses the travel axis is perpendicular to the base axis (at least as in Figure 10 and an opposite second loading position).
Regarding claims 6 and 7, Jung further discloses the first positioning element is fixed and/or rotatable relative to the base axis (at least member 32 is fixed to the base axis while member 40 is rotatable).
Response to Arguments
Applicant's arguments filed 20 April 2026 have been fully considered but they are not persuasive. Specifically, Applicant argues that the amended drawings overcome the objection and that Jordan fails to disclose translation to an offset position as in the amended claims.
Regarding the drawings, while it is acknowledged that the amended drawings appear to overcome the prior objection, a new objection has been made in view of the amended claim language.
Regarding the rejection in view of Jordan, it is maintained that the reference device provides translation to an offset position as explained above. That is, contrary to Applicant’s assertion in the remarks, Jordan’s element 31 does translate relative to 40, 41 to provide an offset (see Figures 13, 14). While the details of the mechanism may differ somewhat from the invention, Jordan nevertheless anticipates the current claim language.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection and/or objection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636
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