NON-FINAL REJECTION
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 .
Election
In the paper received 12/08/2025, applicant elects without traverse the design shown in Group II (Reproductions 2.1-2.7). Accordingly, the design shown in Group I stands withdrawn from further prosecution. 37 CFR 1.142(b).
Specification
The specification is objected to for the following reasons:
There are multiple inventors listed for the claimed design. For proper form (37 CFR 1.153), the claim must be amended to read:
--We claim: the ornamental design for a Carrying Device for Babies, as shown and described.--
The specification does not include a brief description of the reproductions as required. (See Hague Rule 7(5)(a), 37 CFR 1.1024, MPEP 2920.04(a)II) For accuracy and clarity, the specification has been amended to provide descriptions for the views of the reproductions as follows:
--2.1: Front View
2.2: Right Side View
2.3: Left Side View
2.4: Rear View
2.5: Top View
2.6: Bottom View
2.7: Perspective View--
35 USC 112 (a) and (b)
The claim is rejected under 35 U.S.C. 112 (a) and (b) or pre-AIA 35 U.S.C. 112, first and second paragraphs, as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails 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.
The claimed invention is indefinite and nonenabling for the following reasons:
Reproduction 2.1 is inconsistent with reproduction 2.2. Reproduction 2.1 shows a zipper pull extending off the front of the article (indicated below) that is not seen in reproduction 2.2. Consistency is required.
PNG
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581
1208
media_image1.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.2. Reproduction 2.2 shows a zipper pull extending off the side and below the article (indicated below) which is not seen in reproduction 2.1. Consistency is required.
PNG
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581
1208
media_image2.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.3. Reproduction 2.1 shows a zipper pull extending off the front of the article (indicated below) that is not seen in reproduction 2.3. Consistency is required.
PNG
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585
1569
media_image3.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.3. Reproduction 2.3 shows a zipper pull extending off the side and below the article (indicated below) which is not seen in reproduction 2.1. Consistency is required.
PNG
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585
1123
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Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.5. Reproduction 2.1 shows a zipper pull on the front of the article (indicated below) which is not seen on the front in reproduction 2.5. Consistency is required.
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600
1962
media_image5.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.5. Reproduction 2.5 shows a zipper pull on the top and of the article and extending off the front edge (indicated below) which is not seen on the top in reproduction 2.1. Consistency is required.
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637
1946
media_image6.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.5. Reproduction 2.1 shows two solid lines forming the top edge of what the examiner presumes to be a pocket (indicated below) while reproduction 2.5 shows a single line. Consistency is required.
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775
1132
media_image7.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.5. Reproduction 2.5 shows two strap elements on the rear support pad (indicated below) which are not seen on the rear support pad in reproduction 2.1. Consistency is required.
PNG
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918
1963
media_image8.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.6. Reproduction 2.1 shows a zipper pull on the front of the article (indicated below) which is not seen on the front in reproduction 2.6. Consistency is required.
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917
1967
media_image9.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.6. Reproduction 2.6 shows two strap elements on the rear support pad (indicated below) which are not seen on the rear support pad in reproduction 2.1. Consistency is required.
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636
1966
media_image10.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.7. Reproduction 2.7 shows the zipper elements more on the top of the article (indicated below) while reproduction 2.1 shows the zipper elements on the front. Consistency is required.
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692
2054
media_image11.png
Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.7. Reproduction 2.7 shows a different shape and configuration to the zipper pull on the article (indicated below) which does not match the zipper pull in reproduction 2.1 Consistency is required.
PNG
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691
1194
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Greyscale
Reproduction 2.1 is inconsistent with reproduction 2.7. Reproduction 2.7 shows a different shape to the indicated front portion of the article (indicated below) which does not match the shape seen in reproduction 2.1 Consistency is required.
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681
1714
media_image13.png
Greyscale
Reproduction 2.7 is inconsistent with all the views. The shape and configuration of the waist band portion of the article (indicated below) does not match the waist band portion seen in any of the other views. Consistency is required.
PNG
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758
1015
media_image14.png
Greyscale
Reproduction 2.7 is inconsistent with reproductions 2.2 and 2.3. Reproductions 2.2 and 2.3 show a rounded top to the indicated element (indicated below) while reproduction 2.7 shows a flat top. Consistency is required.
PNG
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634
2037
media_image15.png
Greyscale
Reproduction 2.7 is inconsistent with reproductions 2.2 and 2.3. Reproductions 2.2 and 2.3 show a zipper pull on the sides of the article (indicated below) which are not seen in reproduction 2.7. Consistency is required.
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634
2037
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Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.2. Reproduction 2.2 shows the indicated line to extend up and curve to the right on the article (indicated below) while reproduction 2.7 shows the same line to curve left into the article. Consistency is required.
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633
1680
media_image17.png
Greyscale
Reproduction 2.7 is inconsistent with reproductions 2.2 and 2.3. Reproduction 2.7 shows a zipper pull on the top and front of the article (indicated below) which is not seen in reproductions 2.2 and 2.3. Consistency is required.
PNG
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633
1682
media_image18.png
Greyscale
Reproduction 2.7 is inconsistent with reproductions 2.2 and 2.3. Reproductions 2.2 and 2.3 show the waist band with additional elements (indicated below) which are not seen in reproduction 2.7. Consistency is required.
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634
2037
media_image19.png
Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.4. Reproduction 2.4 shows the waist band with additional elements (indicated below) which are not seen in reproduction 2.7. Consistency is required.
PNG
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633
2042
media_image20.png
Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.5. Reproduction 2.5 shows a longer size to the zipper track on the top of the article (indicated below) than what is seen in reproduction 2.7. Consistency is required.
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750
1996
media_image21.png
Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.5. Reproduction 2.5 shows a different configuration to the zipper pull on the top of the article (indicated below) which does not match the zipper pull seen in reproduction 2.7. Consistency is required.
PNG
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749
1996
media_image22.png
Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.5. Reproduction 2.5 shows the waist band portion of the article with additional elements (indicated below) which are not seen in reproduction 2.7. Consistency is required.
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920
1997
media_image23.png
Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.6. Reproduction 2.7 shows a zipper pull extending off the top front of the article (indicated below) that is not seen in reproduction 2.6. Consistency is required.
PNG
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916
1985
media_image24.png
Greyscale
Reproduction 2.7 is inconsistent with reproduction 2.6. Reproduction 2.6 shows the waist band portion of the article with additional elements (indicated below) which are not seen in reproduction 2.7. Consistency is required.
PNG
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901
1651
media_image25.png
Greyscale
Reproduction 2.7 is inconsistent with reproductions 2.5 and 2.6. Reproduction 2.7 shows the indicated surface to have hard/shape edges/corners on the article (indicated below) while reproductions 2.5 and 2.6 show the surface with rounded corners/edges. Consistency is required.
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750
1996
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Greyscale
Reproduction 2.4 is inconsistent with reproductions 2.2 and 2.3. Reproduction 2.4 shows the top of the sides of the waistband to come to a peak and have pockets (indicated below) while reproductions 2.2 and 2.3 show the top of the sides as flat and without pockets. Consistency is required.
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613
2233
media_image27.png
Greyscale
Reproduction 2.4 is inconsistent with reproductions 2.2 and 2.3. Reproduction 2.4 is missing the zipper pulls that extend below the sides of the article (indicated below) which are seen in reproductions 2.2 and 2.3. Consistency is required.
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616
2948
media_image28.png
Greyscale
Reproductions 2.5 and 2.6 are inconsistent with reproductions 2.2 and 2.3. Reproductions 2.5 and 2.6 show the buckle elements to extend out past the waistband on the article (indicated below) while reproductions 2.2 and 2.3 show the buckle elements covered by the waistband. Consistency is required.
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1857
2827
media_image29.png
Greyscale
Reproductions 2.5 and 2.6 are inconsistent with reproductions 2.2 and 2.3. Reproductions 2.2 and 2.3 show zipper pulls on the sides on the article (indicated below) which are not seen on the sides of the article in reproductions 2.5 and 2.6. Consistency is required.
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1405
2825
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Greyscale
Reproductions 2.5 and 2.6 are inconsistent with reproductions 2.2 and 2.3. Reproductions 2.5 and 2.6 show two strap elements on the rear pad of the article (indicated below) which are not seen in reproductions 2.2 and 2.3. Consistency is required.
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1855
2827
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Greyscale
Because of the inconsistencies, and insufficient information in the reproductions provided, the claimed design is in fact subject to multiple interpretations, and one of ordinary skill in the art would not be able to reproduce the design without the use of conjecture. This renders the claim indefinite and non-enabled. In order to overcome this refusal, it is suggested that the design be shown clearly and consistently among the views. However, care must be taken to not introduce new matter. It must be apparent that applicant was in possession of the amended design at the time of original filing. When preparing new or replacement reproductions, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Discussion of the Merits of the Case:
All discussions between the applicant and the examiner regarding the merits of a pending application will be considered an interview and are to be made of record. See MPEP 713. The examiner will not discuss the merits of the application with applicant’s representative if the representative is not registered to practice before the USPTO. Appointment as applicant’s representative before the International Bureau pursuant to Rule 3 of the Common Regulations under the Hague Agreement does NOT entitle such representative to represent the applicant before the USPTO. Furthermore, an applicant that is a juristic entity must be represented by a patent attorney or agent registered to practice before the USPTO. Additional information regarding interviews is set forth below.
Telephonic or In Person Interviews
A telephonic or in person interview may only be conducted with an attorney or agent registered to practice before the USPTO (“registered practitioner”) or with a pro se applicant (an applicant who is the inventor and who is not represented by a registered practitioner).
The registered practitioner may either be of record or not of record. To become “of record”, a power of attorney (POA) in accordance with 37 CFR 1.32 must be filed in the application. Form PTO/AIA /80 “Power of Attorney to Prosecute Applications Before the USPTO”, may be used for this purpose:
https://www.uspto.gov/patent/forms/forms-patent-applications-filed-or-after-september-16-2012
See MPEP 402.02(a) for further information. Interviews may also be conducted with a registered practitioner not of record provided the registered practitioner can show authorization to conduct an interview by completing, signing and filing an “Applicant Initiated Interview Request Form” (PTOL-413A) (available at the USPTO web page indicated above). See MPEP 405. For acceptable ways to submit forms to the USPTO, see “When Responding to Official USPTO Correspondence” below.
If a pro se applicant or registered practitioner located outside of the United States wishes to communicate by telephone, it is suggested that such person email the examiner at Steven.czyz@uspto.gov to arrange a time and date for the telephone interview. Please include proposed days and times for the proposed call. When proposing a day/time for the interview, please take into account the examiner’s work schedule indicated in the last paragraph of this communication. The email should also be used to determine who will initiate the telephone call.
Email Communications
The merits of the application will not be discussed via email (or other electronic medium) unless appropriate authorization for internet communication is filed in the application. Form PTO/SB/439 “Authorization for Internet Communications in a Patent Application or Request to Withdraw Authorization for Internet Communications” may be used to provide such authorization and is available at the USPTO web page indicated above. The authorization may not be sent by email to the USPTO. For acceptable ways to submit the authorization form to the USPTO, see “When Responding to Official USPTO Correspondence” below. See MPEP 502.03 II for further information.
When Responding to Official USPTO Correspondence
When responding to an official correspondence issued by the USPTO, including refusals, Ex Parte Quayle, Notice of Allowances, or Notice of Abandonments, please note the following:
The USPTO transacts business in writing. Applicants may submit replies to Office actions only by:
Online via the USPTO's Electronic Filing System-Web (EFS-Web) (Registered eFilers only)
https://www.uspto.gov/patents-application-process/applying-online/efs-web-guidance-and-resources
Mail: Commissioner For Patents, P.O. Box 1450, Alexandria, VA, 22313-1450
Facsimile to the USPTO's Official Fax Number (571-273-8300)
Hand-carry to USPTO's Alexandria, Virginia Customer Service Window
https://www.uspto.gov/patents-maintaining-patent/responding-office-actions
Conclusion
The claim stands rejected under 35 U.S.C. 112 (a) and (b).
The references are cited as pertinent prior art. Applicant may view and obtain copies of the cited references by visiting http://www.uspto.gov/patft/index.html and pressing the “Patent Number Search” button.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN CZYZ whose telephone number is (571)270-0204. The examiner can normally be reached on Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Simmons can be reached on 571-272-2658. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEVEN J CZYZ/Primary Examiner, Art Unit 2913