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 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) 1, 4, 5, 8-14, 16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2017/0232355A1 hereinafter referred to as Healy in view of US Patent Publication US20130244533A1 hereinafter referred to as Elson.
Re-Claim 1
Healy discloses a kit 10 fig.1 comprising a plurality of components, comprising: one or more support legs 20 fig.1, a pad, one or more support feet, one or more couplings, and a connection hub; wherein the kit further comprises one or more additional components selected from a platform 11 fig.1, a seat 14 fig.1, a top cover 30 fig.1, one or more elastic members 32 fig.1, straps 32, cords 32, elastic members 32, an outer soft-goods cover 14b fig.2D, and an outer shell 14b; and wherein the plurality of components are configured for assembly into a plurality of different accessory configurations, the plurality of different accessory configurations comprising at least two accessory configurations selected from a play mat, a play gym, an activity jumper, an activity center, a play table, a playhouse, a play tunnel, a tummy mat, an arts and crafts table, and a carry mat (see fig.5b & 6b).
However does not disclose a pad, one or more support feet, one or more couplings, and a connection hub.
Elson teaches a kit 10 fig.1 comprising a plurality of components, comprising: one or more support legs 203 fig.11, a pad 202 fig.11, one or more support feet 290 fig.11 and one or more couplings 204 fig.11.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy having structural support and the convertible infant play gym of Elson having support legs and support feet forming a structural support and with a reasonable expectation of success arrived at a convertible infant activity center having a play gym configuration with support legs and support feet forming a structural support. One of ordinary skill in the art would have been motivated to make such a combination of substituting the support legs (structural support) of Healy with the support legs and support feet (structural support)of Elson for the purpose of securing the legs to the play gym for a more stable support structure and extending the legs whiles still having relatively short components as taught in Elson [0052].
Re-Claim 4
Healy as modified by Elson above discloses,
wherein the platform comprises a central opening 11B fig.2D Healy for receiving the seat.
Re-Claim 5
Healy as modified by Elson above discloses,
Healy discloses wherein the outer soft-goods cover comprises a plurality of panels (see 14b, 14e fig.2D) and one or more openings 14c, 14d fig.2D.
Re-Claim 8
Healy as modified by Elson above discloses,
wherein the plurality of components further comprises one or more interactive toys 16, 15, 40 fig.4B Healy detachably mountable to the platform.
Re-Claim 9
Healy as modified by Elson above discloses,
wherein, in the activity jumper and activity table configurations, the seat is detachably coupled to the platform and is configured to rotate relative to the platform (see fig.2B & 2C Healy).
Re-Claim 10
Healy as modified by Elson above discloses,
wherein, in the activity jumper configuration, lengths of the one or more elastic members are selectively configurable to support a child and allow the child to bounce [0057-0058] Healy.
Re-Claim 11
Healy as modified by Elson above discloses,
Elson teaches wherein, in the play gym configuration, the accessory configuration comprises the pad 202, the one or more support legs 203, the one or more support feet 290, and the connection hub 204 (see fig.11).
Re-Claim 12
Healy as modified by Elson above discloses,
wherein, in the activity jumper configuration, the accessory configuration comprises the one or more support legs 20 Healy/ 203 Elson, the one or more support feet 290 Elson, the platform 11 Healy, the seat 14 Healy and the one or more elastic members 32 Healy .
Re-Claim 13
Healy as modified by Elson above discloses,
wherein, in the activity center configuration, the accessory configuration comprises the one or more support legs 20 Healy/ 203 Elson, the one or more support feet 290 Elson, the platform 11 Healy, and the seat 14 Healy.
Re-Claim 14
Healy as modified by Elson above discloses,
wherein, in the play table configuration, the accessory configuration comprises the one or more support legs 20 Healy/ 203 Elson, the one or more support feet 290 Elson, the platform 11 Healy, and the top cover 30 Healy.
Re-Claim 16
Healy as modified by Elson above discloses,
wherein the plurality of components further comprises one or more interactive toys detachably mountable to at least one of the components [0070} Healy.
Re-Claim 19
Healy discloses a kit 10 fig.1 comprising a plurality of components, wherein the plurality of components are configured for assembly into a plurality of different accessory configurations, the plurality of different accessory configurations comprising at least two accessory configurations selected from a play mat, a play gym, an activity jumper, an activity center, a play table, a playhouse, a play tunnel, a tummy mat, an arts and crafts table, and a carry mat (see fig.5b & 6b), wherein the plurality of components comprises at least one structural component 11 fig.1, at least one support component 20 fig.1, wherein the at least one structural component is a platform, a seat, a frame, or an outer shell; wherein the at least one support component is one or more support legs, or one or more support feet;
However does not discloses at least one soft goods component, and at least one connecting component, wherein the at least one soft goods component is a pad, a mat, a panel, a cover, or a pillow; and wherein the at least one connecting component is a coupling or a connection hub.
Elson teaches a kit 10 fig.1 comprising a plurality of components, comprising: at least one soft goods component 202 fig.11, and at least one connecting component 204 fig.11, wherein the at least one soft goods component is a pad, a mat, a panel, a cover, or a pillow; and wherein the at least one connecting component is a coupling or a connection hub.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy and the convertible infant play gym of Elson and with a reasonable expectation of success arrived at a convertible infant activity center having a play gym configuration. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of forming a child play gym that is versatile and can be converted for use by children of various ages from infancy through toddlerhood as taught in Elson [0006] & [0052].
Re-Claim 20
Healy as modified by Elson above discloses,
wherein the kit further comprises one or more additional components selected from a top cover 30 fig.6A, one or more elastic members, straps, cords, or, elastic members 32 fig.1.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Healy in view of Elson further in view of US Patent Publication US2021/0361078A1 hereinafter referred to as Logan.
Re-Claim 2
Healy as modified by Elson above discloses the claimed apparatus. However does not disclose further comprising packaging configured to contain the plurality of components.
Logan teaches a kit 110 fig.1 comprising a plurality of components, further comprising packaging configured to contain the plurality of components [0028].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy as modified by Elson and the convertible infant activity center of Logan being placed in packaging and with a reasonable expectation of success arrived at a convertible infant activity center that is packaged. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have packaged the convertible activity center for shipping or displaying in the store.
Re-Claim 3
Healy as modified by Elson and Logan above discloses,
further comprising instructions for assembling the plurality of components into the plurality of different accessory configurations [0028] Logan.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy as modified by Elson and the convertible infant activity center of Logan having instructions and with a reasonable expectation of success arrived at a convertible infant activity center with instructions. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing directions for configuring the one or more components of the system into the different configurations as taught in Logan [0028].
Claim(s) 2, 3, 6, 7, 15 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Healy in view of Elson further in view of YouTube video MyDailyMe hereinafter referred to as MyDailyMe.
Re-Claim 2
Healy as modified by Elson above discloses the claimed apparatus. However does not disclose further comprising packaging configured to contain the plurality of components.
MyDailyMe teaches a kit 0:026 comprising a plurality of components 0:026, further comprising packaging 0:06, 0:26 configured to contain the plurality of components.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy as modified by Elson and the convertible infant activity center of MyDailyMe being placed in packaging and with a reasonable expectation of success arrived at a convertible infant activity center that is packaged. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have packaged the convertible activity center for shipping or displaying in the store.
Re-Claim 3
Healy as modified by Elson and MyDailyMe above discloses,
further comprising instructions 1:36, 4:18 MyDailyMe for assembling the plurality of components into the plurality of different accessory configurations.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy as modified by Elson and the convertible infant activity center of MyDailyMe having instructions and with a reasonable expectation of success arrived at a convertible infant activity center with instructions. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of providing directions for configuring and utilizing the one or more components of the system into the different configurations as taught in MyDailyMe.
Re-Claim 6
Healy as modified by Elson and MyDailyMe above discloses,
wherein the pad is foldable 0:52 MyDailyMe.
Re-Claim 7
Healy as modified by Elson and MyDailyMe above discloses,
wherein the outer shell 5:38 MyDailyMe comprises a soft-goods sheet material.
Re-Claim 15
Healy as modified by Elson and MyDailyMe above discloses,
wherein, in the playhouse configuration 6:18 MyDailyMe, the accessory configuration comprises the one or more support legs 203 Elson, the one or more support feet 290 Elson, the connection hub 204 Elson and the outer shell 5:38, 6:18 MyDailyMe.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy as modified by Elson and the convertible infant play gym/playhouse of MyDailyMe and with a reasonable expectation of success arrived at a convertible infant activity center having a play gym and playhouse configuration. One of ordinary skill in the art would have been motivated to make such a combination by including an outer shell configure to form a tent/playhouse configuration for additional play and development of the child.
Re-Claim 17
Healy discloses a kit 10 fig.1 comprising a plurality of components, comprising: one or more support legs 20 fig.1, a pad, one or more support feet, one or more couplings, and a connection hub; wherein the kit further comprises one or more additional components selected from a platform 11 fig.1, a seat 14 fig.1, a top cover 30 fig.1, one or more elastic members 32 fig.1, straps 32, cords 32, elastic members 32, an outer soft-goods cover 14b fig.2D, one or more pillows and an outer shell 14b; wherein the plurality of components are configured for assembly into a plurality of different accessory configurations, the plurality of different accessory configurations comprising at least two accessory configurations selected from a play mat, a play gym, an activity jumper, an activity center, a play table, a playhouse, a play tunnel, a tummy mat, an arts and crafts table, and a carry mat (see fig.5b & 6b), wherein, in the activity jumper configuration, the accessory configuration comprises the one or more support legs 20, the platform 11, the seat 14, and the one or more elastic members 32 configurable to support a child and allow the child to bounce; wherein, in the activity jumper configuration, the accessory configuration comprises the one or more support legs 20, the platform 11, the seat 14, and the one or more elastic members 32 configurable to support a child and allow the child to bounce; wherein, in the activity center configuration, the accessory configuration comprises the one or more support legs 20, the platform 11, and the seat 14.
However does not disclose a pad, one or more support feet, one or more couplings, and a connection hub or wherein, in the play gym configuration, the accessory configuration comprises the pad, the one or more support legs, the one or more support feet, and the connection hub;
and wherein, in the playhouse configuration, the accessory configuration comprises the one or more support legs, the one or more support feet, the connection hub, and the outer shell.
Elson teaches a kit 10 fig.1 comprising a plurality of components, comprising: one or more support legs 203 fig.11, a pad 202 fig.11, one or more support feet 290 fig.11 and one or more couplings 204; wherein, in the play gym configuration, the accessory configuration comprises the pad 202, the one or more support legs 203, the one or more support feet 290, and the connection hub 204.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy and the convertible infant play gym of Elson and with a reasonable expectation of success arrived at a convertible infant activity center having a play gym configuration. One of ordinary skill in the art would have been motivated to make such a combination of substituting the support leg of Healy with the support leg and support feet of Elson for the purpose of securing the legs to the play gym for a more stable support structure and extending the legs whiles still having relatively short components as taught in Elson [0052]. Additionally for the purpose of providing improved functionality, by including a play gym configuration that develops a child's gross motor skills and/or verbal skills, the ability to grown with the child in Elson [0005].
MyDailyMe teaches a kit comprising a plurality of components, comprising: one or more support legs, a pad, a connection hub and an outer shell; wherein, in the playhouse configuration 6:18, the accessory configuration comprises the one or more support legs, the connection hub, and the outer shell (see 6:18).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the convertible infant activity center of Healy and the convertible infant play gym/playhouse of MyDailyMe and with a reasonable expectation of success arrived at a convertible infant activity center having a play gym and playhouse configuration. One of ordinary skill in the art would have been motivated to make such a combination by including an outer shell configure to form a tent/playhouse configuration for additional play and development of the child.
Re-Claim 18
Healy as modified by Elson and MyDailyMe above discloses,
wherein the plurality of components further comprises one or more interactive toys 40 Healy detachably mountable to at least one of the components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see notice of references cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEOLU A ADEBOYEJO whose telephone number is (571)270-3072. The examiner can normally be reached M-Th 10AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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