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 filed August 28, 2025 are approved.
Claim Objections
Claim 14 is objected to because of the following informality: The recitation “the closed position is drives” in line 2 appears to include a typographical error. Appropriate correction is required.
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)(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) 1-11 and 13-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shellenberger (US10737593).
Note a child restraint system, comprising: a base (14) comprising a top side (top peripheral edge), a bottom side (lowermost surface), a first lateral side (lateral outside wall), and a second lateral side (opposite lateral outside wall); a car seat (12) installable on the base in a vehicle; a recess (concavity between the sidewalls of 14) formed in the top side of the base; a pivot member (100) pivotally connected to the top side of the base and pivotal between an open position (Figure 5A) and a closed position (Figure 5B); an anchor belt (40) laterally traversing the recess and at least a portion of the top side of the base, the anchor belt positioned within the recess by the pivot member when the pivot member is in the closed position; and a vehicle belt passageway (120) laterally traversing the recess and at least the portion of the top side of the base (see Figure 5A), the vehicle belt passageway positioned within the recess between the pivot member and the recess when the pivot member is in the closed position (see Figure 5B), the vehicle belt passageway configured to receive a vehicle belt (42), wherein in the open position, the anchor belt is capable of being slid relative to the base, and in the closed position, the pivot member extends into the recess and prevents at least the anchor belt from slidable movement relative to the base.
Regarding claim 2. The child restraint system according to claim 1, further comprising: a first passage (50) formed in the first lateral side of the base; and a second passage (60) formed in the second lateral side of the base, wherein the anchor belt and vehicle belt passageway pass through the first passage and the second passage. See Figure 5B.
Regarding claim 3, note the anchor belt is slidable between an in-use position and a stored position. Note that storage is possible when the anchor belt is slid away from engagement with the base.
Regarding claim 4, note the base further comprising: a first sidewall (inner lateral wall) positioned laterally inner of the first lateral side; and a second sidewall (opposite inner lateral wall) positioned laterally inner of the second lateral side, wherein the recess is defined in part by the first sidewall and the second sidewall.
Regarding claim 5, note the base further comprising: a first through slot (50) positioned at a top of the first sidewall; and a second through slot (60) positioned at a top of the second sidewall, wherein the anchor belt passes through the first through slot and the second through slot.
Regarding claim 6, note the first through slot is defined by the top of the first sidewall and a first panel (one of the fingers that extends over the belt, as seen in Figures 5A and 5B) disposed on the top of the first sidewall, and the second through slot (one of the opposite fingers that extends over the belt, as seen in Figures 5A and 5B) is defined by the top of the second sidewall and a second panel disposed on the top of the second sidewall.
Regarding claim 7, note the base further comprising: a first passage (interior, open space of 50) positioned laterally between the first lateral side and the first sidewall; and a second passage (interior, open space of 60) positioned laterally between the second lateral side and the second sidewall, wherein the anchor belt and the vehicle belt passageway pass through the first passage and the second passage.
Regarding claim 8, note a first anchor (one of the “anchor latches” as referred to in line 12 of column 2, and necessarily present since the anchor belt is a “LATCH” belt) connected to a first end of the anchor belt; and a second anchor (another one of the “anchor latches” as referred to in line 12 of column 2, and necessarily present since the anchor belt is a “LATCH” belt) connected to a second end of the anchor belt.
Regarding claim 9, note the first anchor and the second anchor are securable to the base when the anchor belt is not in use. See lines 61-67 in column 5.
Regarding claim 10, note a first pocket (61) in which the first anchor is at least partially received when the anchor belt is not in use; and a second pocket (opposite side 61) in which the second anchor is at least partially received when the anchor belt is not in use.
Regarding claim 11, note the base comprises the first pocket and the second pocket. See Figure 6.
Regarding claim 13, note the pivot member comprises: a first end (permanently connected end) pivotally connected to the base; and a second end (free end) distally opposed to the first end and connected to the base in the closed position and disconnected from the base in the open position. See Figures 5A and 5B.
Regarding claim 14, note the pivot member in the closed position is drives the anchor belt into the recess and removes slack from the anchor belt relative to the pivot member in the open position. See lines 27-49 in column 5.
Regarding claim 15, note the car seat is installable on the top side of the base. See Figure 1.
Regarding claim 16, note the car seat is detachably installable on the top side of the base. See Figure 2.
Claim Rejections - 35 USC § 103
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 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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shellenberger (US10737593) in view of Hyde et al (US4429916).
The primary reference shows all claimed features of the instant invention with the exception of a resilient component configured to bias the pivot member to move toward the open position.
The secondary reference teaches providing a safety device (80) as pivotable between an open position (raised) and a closed position (lowered). The pivotable safety device provides a resilient component configured to bias the pivot member to move toward the open position. Note as discussed in lines 31-33 in column 6.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding a resilient component as configured to bias the pivot member to move toward the open position. This modification enhances user friendly movement of the pivot member to the open position when desired, and is representative of applying a known technique to a known device ready for improvement to yield predictable results.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 and 13-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,344,138 in view of Shellenberger (US10737593).
Claim 1 of the patent presents all claimed features of claim 1 of the instant application with the exception of a first and second lateral sides of the base, a car seat installable on the base in a vehicle, wherein in the open position, the anchor belt is slidable relative to the base, and in the closed position the pivot member prevents at least the anchor belt from slidable movement relative to the base.
Shellenberger shows each of the above described features lacking in claim 1 of the patent. Note the discussion of Shellenberger in the rejection above under 35 U.S.C. 102(a)(2).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify claim 1 of the patent in view of the teachings of Shellenberger by configuring the base with first and second lateral sides, providing a car seat that is installable on the base in a vehicle, and adapting the system such that in the open position, the anchor belt is slidable relative to the base, and in the closed position the pivot member prevents at least the anchor belt from slidable movement relative to the base. These modifications configure the system as a unitary child restraint system with enhanced safety features, and having the capability of selective removal of the a child holding device for various uses. This is representative of applying known techniques to a known device ready for improvement to yield predictable results.
Regarding claim 2 of the instant application, claim 1 of the patent lacks a first passage formed in the first lateral side of the base; and a second passage formed in the second lateral side of the base, wherein the anchor belt and vehicle belt passageway pass through the first passage and the second passage.
Regarding claim 3 of the instant application, claim 1 of the patent lacks the anchor belt being slidable between an in-use position and a stored position.
Regarding claim 4 of the instant application, claim 1 of the patent lacks the base further comprising: a first sidewall positioned laterally inner of the first lateral side; and a second sidewall positioned laterally inner of the second lateral side, wherein the recess is defined in part by the first sidewall and the second sidewall.
Regarding claim 5 of the instant application, claim 1 of the patent lacks the base further comprising: a first through slot positioned at a top of the first sidewall; and a second through slot positioned at a top of the second sidewall, wherein the anchor belt passes through the first through slot and the second through slot.
Regarding claim 6 of the instant application, claim 1 of the patent lacks first through slot is defined by the top of the first sidewall and a first panel disposed on the top of the first sidewall, and the second through slot is defined by the top of the second sidewall and a second panel disposed on the top of the second sidewall.
Regarding claim 7 of the instant application, claim 1 of the patent lacks the base further comprising: a first passage positioned laterally between the first lateral side and the first sidewall; and a second passage positioned laterally between the second lateral side and the second sidewall, wherein the anchor belt and the vehicle belt passageway pass through the first passage and the second passage.
Regarding claim 8 of the instant application, claim 1 of the patent lacks a first anchor connected to a first end of the anchor belt; and a second anchor connected to a second end of the anchor belt.
Regarding claim 9 of the instant application, claim 1 of the patent lacks the first anchor and the second anchor being securable to the base when the anchor belt is not in use.
Regarding claim 10 of the instant application, claim 1 of the patent lacks a first pocket in which the first anchor is at least partially received when the anchor belt is not in use; and a second pocket in which the second anchor is at least partially received when the anchor belt is not in use.
Regarding claim 11 of the instant application, claim 1 of the patent lacks the base further comprising the first pocket and the second pocket.
Regarding claim 13 of the instant application, claim 1 of the patent lacks the pivot member comprises: a first end pivotally connected to the base; and a second end distally opposed to the first end and connected to the base in the closed position and disconnected from the base in the open position.
Regarding claim 14 of the instant application, claim 1 of the patent lacks the pivot member in the closed position is drives the anchor belt into the recess and removes slack from the anchor belt relative to the pivot member in the open position.
Regarding claim 15 of the instant application, claim 1 of the patent lacks the car seat as installable on the top side of the base.
Regarding claim 16 of the instant application, claim 1 of the patent lacks the car seat as detachably installable on the top side of the base.
Shellenberger further shows each of the above described features lacking in claim 1 of the patent. Note the discussion of Shellenberger in the rejection of claims 1-11 and 13-16 above under 35 U.S.C. 102(a)(2).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify claim 1 of the patent in view of the teachings of Shellenberger by configuring the assembly of claim 1 with each of the above described features of claims 2-11 and 13-16. These modifications further complete configuring the system as a unitary child restraint system with enhanced safety features, and having the capability of selective removal of the a child holding device for various uses. This is representative of applying known techniques to a known device ready for improvement to yield predictable results.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over claim 1 of U.S. Patent No. 12,344,138 in view of Shellenberger (US10737593), and further in view of Hyde et al (US4429916).
Claim 1 of the patent, as modified above, shows all claimed features of the instant invention with the exception of a resilient component configured to bias the pivot member to move toward the open position.
Hyde et al teaches providing a safety device as pivotable between an open position and a closed position. The pivotable safety device provides a resilient component configured to bias the pivot member to move toward the open position. Note as discussed in the rejection of claim 12 under 35 U.S.C. 102(a)(2) above.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify claim 1 of the patent in view of the teachings of Hyde et al by adding a resilient component as configured to bias the pivot member to move toward the open position. This modification enhances user friendly movement of the pivot member to the open position when desired, and is representative of applying a known technique to a known device ready for improvement to yield predictable results.
Conclusion
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mn /MILTON NELSON JR/December 11, 2025 Primary Examiner, Art Unit 3636