`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`BABY BJORN AB
`Petitioner
`
`v.
`
`ERGO BABY CARRIER INC.
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF DAVID SMITH, P.E., CSP
`
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`
`U.S. PATENT NO. 11,786,055
`
`
`
`4869-8622-9233\1
`
`

`

`
`
`TABLE OF CONTENTS
`
`
`Introduction ..................................................................................................... 1
`I.
`Qualifications .................................................................................................. 2
`II.
`III. My Understanding of Legal Principles ........................................................... 3
`IV. Overview of the `055 Patent ........................................................................... 9
`V.
`Challenged Claims ........................................................................................ 13
`VI. Level of Ordinary Skill in the Art ................................................................ 25
`VII. Summary of the Prosecution History ........................................................... 27
`A.
`Claim Construction ............................................................................. 28
`1.
`Thigh Support Adjuster ............................................................ 28
`2.
`Bucket Seat .............................................................................. 42
`3.
`Other Terms ............................................................................. 44
`VIII. Teachings of the Prior Art and Applied References ..................................... 45
`A. U.S. Patent Publication No. 20140014692A1 to Andren et al.
`(“the `692 Application”) ...................................................................... 46
`U.S. Patent Publication No. 20180199730A1 to Lundh (“the
``730 Application”) ............................................................................... 48
`U.S. Patent No. 4,009,808 to Sharp (“the `808 Patent”) ..................... 50
`C.
`D. Austrian Patent AT 11,620 U2 to Stomper-Rosam (“the `620
`Patent”) ................................................................................................ 52
`U.S. Patent Publication No. 20080190972A1 to Gray (“the
``972 Application”) ............................................................................... 54
`PCT Application Publication No. WO 2006116117A2 to
`Staten (“the `117 Application”) ........................................................... 57
`Baby Bjorn Synergy Carrier Owner’s Manual (“the Synergy
`Manual”) .............................................................................................. 59
`Czech Republic Patent CZ2010531A to Kalouskova (“the `531
`Patent”) ................................................................................................ 60
`Known Techniques, Elements and Methods for Adjusting
`Components of Child Carriers ............................................................. 62
`Folding Neck Supports ........................................................................ 64
`J.
`Spread-Squat Position ......................................................................... 69
`K.
`L. Motivations to Combine and Expectation of Success. ........................ 70
`
`B.
`
`E.
`
`F.
`
`G.
`
`H.
`
`I.
`
`
`4869-8622-9233\1
`
`- i -
`
`
`
`

`

`
`
`IX. Ground 1: Claims 1-15, 19-24 and 28-30 are Anticipated by the Synergy
`Manual and/or Obvious Over the Synergy Manul in View of the Knowledge of
`a Person of Ordinary Skill and/or the `730 Application ............................... 71
`X. Ground 2: Claims 1-15, 19-24 and 28-30 are Anticipated by the `117
`Application and/or Obvious Over the `117 Application in View of the
`Knowledge of a Person of Ordinary Skill and/or the `730 Application ....... 72
`XI. Ground 3: Claims 1-15, 19-24 and 28-30 are Anticipated by the `620 Patent
`and/or Obvious Over the `620 Patent in View of the Knowledge of a Person of
`Ordinary Skill and/or the `972 Application .................................................. 73
`XII. Ground 4: Claims 1-15, 19-24 and 28-30 are Anticipated by the `692
`Application and/or Obvious Over the `692 Application in View of the
`Knowledge of a Person of Ordinary Skill and/or the `730 Application ....... 74
`XIII. Ground 5: Claims 1-15, 19-24 and 28-30 are Anticipated by the `808 Patent
`and/or Obvious Over `808 Patent in View of the Knowledge of a Person of
`Ordinary Skill and/or `730 Application ........................................................ 74
`XIV. Ground 6: Claims 1-15, 19-24 and 28-30 are Anticipated by the `531 Patent
`and/or Obvious over the `531 Patent in View of the Knowledge of a Person of
`Ordinary Skill and/or the `730 Application .................................................. 75
`XV. Conclusion .................................................................................................... 76
`
`
`
`4869-8622-9233\1
`
`- ii -
`
`
`
`

`

`
`
`I.
`
`Introduction
`I, David Smith, declare as follows:
`
`1.
`
`I have been retained on behalf of Baby Bjorn, AB (“Baby Bjorn”) for the
`
`above-captioned inter partes review proceeding to provide my expert
`
`opinions and expert knowledge. I understand that this proceeding involves
`
`U.S. Patent No. 11,786,055 (“the `055 Patent”) titled “Adjustable Child
`
`Carrier” by Rodney V. Telford, and that the `055 Patent is currently assigned
`
`to The ERGO Baby Carrier, Inc., (“ERGO”). I have been informed that the
`
`focus of this proceeding is challenging claims 1-30 of the `055 Patent (the
`
`“Challenged Claims”).
`
`2.
`
`In preparing this declaration, I have reviewed and am familiar with all the
`
`references cited herein. I have reviewed and am familiar with the `055 Patent
`
`and its file history. I confirm that to the best of my knowledge the
`
`accompanying exhibits are true and accurate copies of what they purport to
`
`be, and that an expert in the field would reasonably rely on them to formulate
`
`opinions such as those set forth in this declaration.
`
`3.
`
`The `055 Patent describes embodiments of adjustable baby carriers. I am
`
`familiar with the technology described in the `055 Patent as of its April 20,
`
`2023 filing date and its claimed October 30, 2015 priority date.
`
`4.
`
`I have been asked to provide my independent technical review, analysis,
`
`4869-8622-9233\1
`
`- 1 -
`
`

`

`
`
`insights, and opinions regarding the `055 Patent and the references that form
`
`the basis for the grounds of rejection set forth in the Petition for Inter Partes
`
`Review of the `055 Patent.
`
`II. Qualifications
`A copy of my Curriculum Vitae is submitted as Exhibit 1004 in this
`5.
`
`proceeding. It includes details of my education, professional, and employment
`
`credentials. Further experience with baby products and products with
`
`adjustable portions is laid out below.
`
`6.
`
`I am currently the President of Alpine Engineering & Design, Inc. I am a
`
`registered Professional Mechanical Engineer in the States of Utah and Idaho.
`
`I am also a Certified Safety Professional in comprehensive practice. I received
`
`my Bachelor of Science degree in Mechanical Engineering from Brigham
`
`Young University - Idaho, in 2007. I received a Master’s of Science Degree
`
`in Mechanical Engineering and a Masters of Business Administration (MBA)
`
`from Brigham Young University in 2011. I have approximately 15 years of
`
`experience in the fields of mechanical engineering, product development,
`
`mechanical design, and much of this design work has involved axle and pivot
`
`assemblies and other rotating components. In my role as a consultant, I have
`
`worked on numerous products, including baby bottle warmers, car seat
`
`handles, baby bouncers, and products including soft goods such as pet
`
`4869-8622-9233\1
`
`- 2 -
`
`

`

`
`
`carriers, hammocks, collapsible soccer goals, and the like.
`
`7.
`
`I am a named inventor on 7 U.S. patents with a number of other patent
`
`applications pending. A list of my patents is appended with my CV. I have
`
`significant experience with the patent process.
`
`8.
`
`I have testified in a number of cases, both at trial and by deposition. My time
`
`is billed at a rate of $500 per hour in this proceeding. The compensation
`
`received from this case is not contingent upon my opinions or performance,
`
`the outcome, or any issues involved in or related to the proceeding.
`
`III. My Understanding of Legal Principles
`I understand that the Petitioner must demonstrate by a preponderance of the
`9.
`
`evidence that the challenged claims are unpatentable. I understand that the
`
`preponderance of the evidence standard is one characterized as being more
`
`likely than not. As each claim is considered a separate invention, I understand
`
`that the Petitioner’s burden is applicable individually to each claim.
`
`10.
`
`I further understand that determining whether a patent claim is unpatentable
`
`requires two steps: first, construction of the meaning and scope of the claim
`
`(or individual terms of the claim), and second, comparing the properly
`
`construed claim to the prior art. A party may assert unpatentability on the basis
`
`of anticipation or obviousness.
`
`4869-8622-9233\1
`
`- 3 -
`
`

`

`
`
`11.
`
`I understand that my analysis requires an understanding of the scope of the
`
``055 Patent claims and that the disclosures of the `055 Patent and the prior art
`
`are judged from the perspective of a person of ordinary skill in the art at the
`
`time of the purported invention. For the purposes of this declaration, I have
`
`been instructed to consider the time of the purported invention of the `055
`
`Patent to be October 30, 2015, the earliest possible priority date for the `055
`
`Patent.
`
`12.
`
`I understand that during an inter partes review, claims of an unexpired patent
`
`are to be construed according to their ordinary and customary meaning as
`
`would be understood by a person of ordinary skill in the relevant art within
`
`the context of the patent record. Unless otherwise noted, I have given the
`
`claim terms their plain and ordinary meaning as understood by a person of
`
`ordinary skill in the art at the time of purported invention.
`
`13.
`
`I understand that a patent applicant ordinarily claims the structures of its
`
`invention directly by reciting such structure in the claims. I understand also
`
`that a patent applicant may claim subject matter “as a means or step for
`
`performing a specified function without the recital of structure, material, or
`
`acts in support thereof.” 35 U.S.C. § 112(f). If a patentee chooses to do so, I
`
`understand that the scope of the claim is restricted “to only the structure,
`
`materials, or acts described in the specification as corresponding to the
`
`4869-8622-9233\1
`
`- 4 -
`
`

`

`
`
`claimed function and equivalents thereof.”1. I understand that the absence of
`
`the word “means” in a claim creates a rebuttable presumption that Section
`
`112(f) does not apply.2 I also understand, however, that “the presumption can
`
`be overcome . . . if the challenger demonstrates that the claim term fails to
`
`recite sufficiently definite structure or else recites function without reciting
`
`sufficient structure for performing that function.”3
`
`14.
`
`I understand that a claim is unpatentable if it is anticipated or obvious. I
`
`understand that anticipation of a claim requires that every element of a claim
`
`is expressly or inherently disclosed in a single prior art reference. I understand
`
`that an anticipating reference need not use the exact terms of the claims, but
`
`must describe the patented subject matter with sufficient clarity and detail to
`
`establish that the claimed subject matter existed in the prior art and that such
`
`existence would be recognized by persons of ordinary skill in the field of the
`
`purported invention. I also understand that an anticipating reference must
`
`enable one of ordinary skill in the art to reduce the purported invention to
`
`practice without undue experimentation.
`
`
`1 Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1347 (Fed. Cir. 2015)
`
`2 Id. at 1348
`
`3 Id. at 1349 (internal quotations omitted).
`
`4869-8622-9233\1
`
`- 5 -
`
`

`

`
`
`15.
`
`I understand that a patent claim is unpatentable if the claimed invention would
`
`have been obvious to a person of ordinary skill in the art at the time of the
`
`purported invention. This means that even if all of the requirements of the
`
`claim cannot be found in a single prior art reference that would anticipate the
`
`claim, the claim can still be unpatentable.
`
`16.
`
`I understand that an obviousness analysis involves comparing a claim to the
`
`prior art to determine whether the claimed invention would have been obvious
`
`to a person of ordinary skill in the art at the time of the purported invention in
`
`view of the prior art and in light of the general knowledge in the art as a whole.
`
`I also understand that obviousness is ultimately a legal conclusion based on
`
`underlying facts of four general types, all of which must be considered: (1)
`
`the scope and content of the prior art; (2) the level of ordinary skill in the art;
`
`(3) the differences between the claimed invention and the prior art; and (4)
`
`any objective indicia of non-obviousness.
`
`17.
`
`I also understand that obviousness may be established by combining or
`
`modifying the teachings of the prior art. Specific teachings, suggestions, or
`
`motivations to combine any first prior art reference with a second prior art
`
`reference can be explicit or implicit, but if relied upon must have existed
`
`before the date of purported invention. I understand that prior art references
`
`themselves may be one source of a specific teaching or suggestion to combine
`
`4869-8622-9233\1
`
`- 6 -
`
`

`

`
`
`features of the prior art, but that such suggestions or motivations to combine
`
`art may come from the knowledge of a person of ordinary skill in the art.
`
`Specifically, a rationale to combine the teachings of references may include
`
`logic or common sense available to a person of ordinary skill in the art.
`
`18.
`
`I understand that a reference may be relied upon for all that it teaches,
`
`including uses beyond its primary purpose. I understand that though a
`
`reference may be said to teach away when a person of ordinary skill, upon
`
`reading the reference, would be discouraged from following the path set out
`
`in the reference, the mere disclosure of alternative designs does not teach
`
`away.
`
`19.
`
`I further understand that whether there is a reasonable expectation of success
`
`from combining references in a particular way is also relevant to the analysis.
`
`I understand there may be a number of rationales that may support a
`
`conclusion of obviousness, including:
`
`• Combining prior art elements according to known methods to yield
`
`predictable results;
`
`•
`
`Substitution of one known element for another to obtain predictable
`
`results;
`
`• Use of a known technique to improve similar devices (methods, or
`
`products) in the same way;
`
`4869-8622-9233\1
`
`- 7 -
`
`

`

`
`
`• Applying a known technique to a known device (method, or product)
`
`ready for improvement to yield predictable results;
`
`•
`
`“Obvious to try”–choosing from a finite number of identified,
`
`predictable solutions, with a reasonable expectation of success;
`
`• Known work in one field of endeavor may prompt variations of it for
`
`use in either the same field or a different one based on design incentives
`
`or other market forces if the variations are predictable to one of ordinary
`
`skill in the art; and
`
`•
`
`Some teaching, suggestion, or motivation in the prior art that would
`
`have led one of ordinary skill to modify the prior art reference or to
`
`combine prior art teachings to arrive at the claimed invention.
`
`20.
`
`I understand that it is not proper to use hindsight to combine references or
`
`elements of references to reconstruct the invention using the claims as a guide.
`
`My analysis of the prior art is made from the perspective of a person of
`
`ordinary skill in the art at the time of the purported invention.
`
`21.
`
`I understand that so-called objective indicia may be relevant to the
`
`determination of whether a claim is obvious should such evidence be alleged.
`
`Such objective indicia can include evidence of commercial success caused by
`
`an invention, evidence of a long-felt need that was solved by an invention,
`
`evidence that others copied an invention, skepticism or disbelief by those
`
`4869-8622-9233\1
`
`- 8 -
`
`

`

`
`
`skilled in the art, failure of others, praise of the invention, evidence that an
`
`invention achieved a surprising result, or near simultaneous invention by
`
`multiple parties. I understand that most of such evidence must have a nexus,
`
`or causal relationship to the elements of a claim, in order to be relevant to the
`
`obviousness or non-obviousness of the claim. I am unaware of any such
`
`objective considerations of non-obviousness having a nexus to the claims at
`
`issue in this proceeding.
`
`22.
`
`I understand that for a reference to be used to show that a claim is obvious,
`
`the reference must be analogous art to the claimed invention. I understand that
`
`a reference is analogous to the claimed invention if the reference is from the
`
`same field of endeavor as the claimed invention, even if it addresses a different
`
`problem, or if the reference is reasonably pertinent to the problem faced by
`
`the inventor, even if it is not in the same field of endeavor as the claimed
`
`invention. I understand that a reference is reasonably pertinent based on the
`
`problem faced by the inventor as reflected in the specification, either explicitly
`
`or implicitly.
`
`IV. Overview of the `055 Patent
`23. The US 11,786,055 to ERGO is titled Adjustable Child Carrier and is directed
`
`to a soft structured child carrier that can be worn on both the front or the back
`
`of the wearer and is adjustable in order to maintain an ergonomic carrying
`
`4869-8622-9233\1
`
`- 9 -
`
`

`

`
`
`position of the child throughout multiple stages of the child’s physical
`
`development. The patent states: “Embodiments described herein provide a
`
`wearable child carrier that can be adapted to a baby’s size and provide
`
`ergonomic positioning of the child throughout the range of the carrier
`
`adjustability.”4
`
`24. The `055 Patent teaches that the intended ergonomic position of the child is
`
`the spread squat position – commonly known as the “frog leg”, “frog”, or “M”
`
`position – in which the child’s spine is maintained in a natural “C” curve and
`
`the child’s weight is distributed so as to encourage pelvic development by
`
`avoiding a “posture where the child is primarily sitting on his or her sacrum”.5
`
`25. The patent teaches a soft structured child carrier of typical design, in which a
`
`main body is coupled to shoulder straps and a waist belt. The main body is
`
`comprised of a torso support portion, which is configured to provide support
`
`of the upper body of the child, a bucket seat portion, which is configured to
`
`support the hips and posterior of the child, and two thigh supports (one on
`
`each side of the bucket seat), the two of which are configured to support the
`
`legs of the child.6
`
`
`
`4 `055 Patent 2:34-37
`5 `055 Patent 7:31-39
`6 `055 Patent 7:18-39
`
`4869-8622-9233\1
`
`- 10 -
`
`

`

`
`
`26. The torso support is connected to the wearer by the shoulder straps, the first
`
`ends of which are permanently fixed to the top of the torso support. The
`
`opposing ends of the shoulder straps are detachably attached to the lower half
`
`of the torso support. The shoulder straps are of the type commonly used in
`
`the art.
`
`27. The carrier includes a bucket seat. The depth and width of the bucket seat can
`
`be adjusted. Adjusting the depth of the bucket seat consequently adjusts the
`
`height of the carrier.
`
`28. The thigh supports are permanently fixed to the torso support and disposed on
`
`each side of a seat center portion, and are detachably attached to the inside of
`
`the waist belt by the base width adjusters 150. The design of the thigh support
`
`attachment system allows the user to selectively configure the base width
`
`adjusters to adjust the width and depth of the bucket seat and thigh support
`
`combination.7
`
`29. Also included is an adjustable neck support, which attaches to the torso
`
`support at one of three discrete connection points. The neck support can act
`
`as a head, neck, or back support depending on the attachment configuration
`
`and the size of the child.8
`
`
`
`7 `055 Patent 8:12-19
`8 `055 Patent 14:8-20
`
`4869-8622-9233\1
`
`- 11 -
`
`

`

`
`
`30. These elements are identified in the annotated Figure 2A and 2B of the `055
`
`Patent below. The torso support is shown in red, the neck support in purple,
`
`the waist band in orange, the bucket seat in green, the thigh supports in blue,
`
`the shoulder straps in teal, and the thigh width adjusters in yellow. Figure 2A
`
`shows an inside view of the baby carrier and Figure 2B shows an outside view
`
`of the baby carrier.
`
`
`
`4869-8622-9233\1
`
`- 12 -
`
`

`

`
`
`
`
`
`
`V. Challenged Claims
`I have listed the challenged claims below, with numbers and letters identifying
`31.
`
`each element of the claims that are used for clarity throughout the report.
`
`Claim 1
`
`1pre – “An adjustable child carrier for supporting a child by a user, the
`
`adjustable child carrier comprising:”
`
`1a – “a body configured to support the child,”
`
`1b – “wherein the body forms a bucket seat configured to support legs of the
`
`4869-8622-9233\1
`
`- 13 -
`
`

`

`
`
`child;”
`
`1c – “a neck support comprising a first neck support attachment and a second
`
`neck support attachment;”
`
`1d – “a first shoulder strap coupled to the body and configured to extend over
`
`a first shoulder of the user;”
`
`1e – “a second shoulder strap coupled to the body and configured to extend
`
`over a second shoulder of the user;”
`
`1f – “a first attachment disposed on the first shoulder strap and configured to
`
`receive the first neck support attachment;”
`
`1g – “a first attachment disposed on the first shoulder strap and configured to
`
`receive the first neck support attachment;”
`
`1h – “wherein the neck support is configured in an upward neck supporting
`
`position when the first neck support attachment is coupled to the first
`
`attachment and the second neck support attachment is coupled to the second
`
`attachment;”
`
`1i – “the body forming a first thigh support and a second thigh support;”
`
`1j – “a first setting, a second setting, and a third setting defined by the
`
`adjustable child carrier; and”
`
`1k – “at least one thigh support adjuster coupled to the first thigh support and
`
`the second thigh support,”
`
`4869-8622-9233\1
`
`- 14 -
`
`

`

`
`
`1m – “wherein the at least one thigh support adjuster is configured to be
`
`selectively positioned to one of the first setting, the second setting, or the third
`
`setting to thereby adjust a length of the body to accommodate various sizes of
`
`the child as the child ages,”
`
`1n – “wherein the length is defined from a bottom of the bucket seat to a top
`
`of the body.”
`
`Claim 2
`
`2pre – “The adjustable child carrier of claim 1,”
`
`2a – “wherein selectively positioning the at least one thigh support adjuster at
`
`the first setting adjusts the length of the body to a first length,”
`
`2b – “wherein selectively positioning the at least one thigh support adjuster at
`
`the second setting adjusts the length of the body to a second length greater
`
`than the first length,”
`
`2c – “wherein selectively positioning the at least one thigh support adjuster at
`
`the third setting adjusts the length of the body to a third length greater than
`
`the second length.”
`
`Claim 3
`
`3 pre – “The child carrier of claim 1,”
`
`3a – “wherein adjustment of the at least one thigh support adjuster adjusts a
`
`depth of the bucket seat for the child.”
`
`4869-8622-9233\1
`
`- 15 -
`
`

`

`
`
`
`
`Claim 4
`
`4 pre – “The adjustable child carrier of claim 1,”
`
`4a – “wherein the first setting is at least partially vertically displaced from the
`
`second setting,”
`
`4b – “the second setting is at least partially vertically displaced from the third
`
`setting,”
`
`4c – “and the third setting is at least partially vertically displaced from the first
`
`setting,”
`
`4d – “wherein the adjustable child carrier defines the second setting between
`
`the first setting and the third setting.”
`
`Claim 5
`
`5 pre – “The adjustable child carrier of claim 2,”
`
`5a – “wherein adjusting the length of the body to the first length configures
`
`the adjustable child carrier in an infant mode,”
`
`5b – “wherein, in the infant mode, the adjustable child carrier is configured to
`
`carry the child when the child has a height within a range of 20-24 inches.”
`
`Claim 6
`
`6 pre – “An adjustable child carrier for supporting a child by a user, the
`
`adjustable child carrier comprising:”
`
`6a – “a body configured to support the child between the body and a torso of
`
`4869-8622-9233\1
`
`- 16 -
`
`

`

`
`
`the user,”
`
`6b – “wherein the body forms a bucket seat configured to support legs of the
`
`child;”
`
`6c – “a neck support comprising a first neck support attachment and a second
`
`neck support attachment;”
`
`6d – “a first shoulder strap coupled to the body and configured to extend over
`
`a first shoulder of the user;”
`
`6e – “a second shoulder strap coupled to the body and configured to extend
`
`over a second shoulder of the user;”
`
`6f – “a first attachment disposed on the first shoulder strap and configured to
`
`receive the first neck support attachment;”
`
`6g – “a second attachment disposed on the second shoulder strap and
`
`configured to receive the second neck support attachment,”
`
`6h – “wherein the neck support is configured in an upward neck supporting
`
`position when the first neck support attachment is coupled to the first
`
`attachment and the second neck support attachment is coupled to the second
`
`attachment;”
`
`6i – “the body forming a first thigh support and a second thigh support;”
`
`6j – “at least one thigh support adjuster coupled to the first thigh support and
`
`the second thigh support; and”
`
`4869-8622-9233\1
`
`- 17 -
`
`

`

`
`
`6k – “a first position, a second position, and a third position defined by the
`
`adjustable child carrier,”
`
`6l – “wherein the first position corresponds to a first setting, the second
`
`position corresponds to a second setting, and the third position corresponds to
`
`a third setting,”
`
`6m – “wherein adjustment of the at least one thigh support adjuster among the
`
`first position, the second position, and the third position adjusts a length of the
`
`body to configure the adjustable child carrier to one of the first setting, the
`
`second setting, or the third setting,”
`
`6n – “the length defined from a bottom of the bucket seat to a top of the body.”
`
`Claim 7
`
`7 pre – “The adjustable child carrier of claim 6,
`
`7a – “wherein adjustment of the at least one thigh support adjuster from the
`
`first position to the second position adjusts the length of the body from a first
`
`length to a second length,”
`
`7b – “the second length being greater than the first length,”
`
`7c – “wherein adjustment of the at least one thigh support adjuster from the
`
`second position to the third position adjusts the length of the body from the
`
`second length to a third length,”
`
`7d – “the third length being greater than the first length and the second
`
`4869-8622-9233\1
`
`- 18 -
`
`

`

`
`
`length.”
`
`Claim 8
`
`8 pre – “The adjustable child carrier of claim 6,”
`
`8a – “wherein adjustment of the at least one thigh support adjuster adjusts a
`
`depth of the bucket seat for the child.”
`
`Claim 9
`
`9 pre – “The adjustable child carrier of claim 6,”
`
`9a – “wherein the first position is at least partially vertically displaced from
`
`the second position,”
`
`9b – “the second position is at least partially vertically displaced from the third
`
`position,”
`
`9c – “and the third position is at least partially vertically displaced from the
`
`first position,”
`
`9d – “wherein the adjustable child carrier defines the second position between
`
`the first position and the third position.”
`
`Claim 10
`
`10 pre – “The adjustable child carrier of claim 7,”
`
`10a – “wherein adjusting the length of the body to the first length configures
`
`the adjustable child carrier in an infant mode,”
`
`10b – “wherein, in the infant mode, the adjustable child carrier is configured
`
`4869-8622-9233\1
`
`- 19 -
`
`

`

`
`
`to carry the child when the child has a height within a range of 20-24 inches.”
`
`Claim 11
`
`11 pre – “An adjustable child carrier for supporting a child by a user, the
`
`adjustable child carrier comprising:”
`
`11a – “a body configured to support the child,”
`
`11b – “wherein the body forms a bucket seat configured to support legs of the
`
`child;”
`
`11c – “a neck support comprising a first neck support attachment and a second
`
`neck support attachment;”
`
`11d – “a first shoulder strap coupled to the body and configured to extend over
`
`a first shoulder of the user;”
`
`11e – “a second shoulder strap coupled to the body and configured to extend
`
`over a second shoulder of the user;”
`
`11f – “a first attachment disposed on the first shoulder strap and configured
`
`to receive the first neck support attachment;”
`
`11g – “a second attachment disposed on the second shoulder strap and
`
`configured to receive the second neck support attachment,”
`
`11h – “wherein the neck support is configured in an upward neck supporting
`
`position when the first neck support attachment is coupled to the first
`
`attachment and the second neck support attachment is coupled to the second
`
`4869-8622-9233\1
`
`- 20 -
`
`

`

`
`
`attachment;”
`
`11i – “wherein folding the neck support down and away from the user
`
`configures the neck support in an outside folded down position, the outside
`
`folded down position reducing a length of the body in relation to the upward
`
`neck supporting position;”
`
`11j – “the body forming [G1] a first thigh support and [G2] a second thigh
`
`support;”
`
`11k – “wherein the body, the first thigh support, and the second thigh support
`
`in combination form a seat for the child;”
`
`11l – “a first setting, a second setting, and a third setting defined by the
`
`adjustable child carrier; and”
`
`11m – “at least one thigh support adjuster coupled to the first thigh support
`
`and the second thigh support,”
`
`11n – “wherein selective positioning of the at least one thigh support adjuster
`
`at the first setting, the second setting, or the third setting adjusts the length of
`
`the body to accommodate various sizes of the child as the child ages,”
`
`11o – “the length defined from a bottom of the bucket seat to a top of the
`
`body.”
`
`Claim 12
`
`12 pre – “The adjustable child carrier of claim 11,”
`
`4869-8622-9233\1
`
`- 21 -
`
`

`

`
`
`12a – “wherein adjustment of the at least one thigh support adjuster adjusts a
`
`depth of the bucket seat for the child.”
`
`Claim 13
`
`13 pre – “The adjustable child carrier of claim 11,”
`
`13a – “wherein the first setting is at least partially vertically displaced from
`
`the second setting,”
`
`13b – “the second setting is at least partially vertically displaced from the third
`
`setting,”
`
`13c – “and the third setting is at least partially vertically displaced from the
`
`first setting,”
`
`13d – “wherein the adjustable child carrier defines the second setting between
`
`the first setting and the third setting.”
`
`Claim 14
`
`14 pre – “The adjustable child carrier of claim 11,”
`
`14a – “wherein selectively positioning the at least one thigh support adjuster
`
`at the first setting adjusts the length of the body to a first length,”
`
`14b – “wherein selectively positioning the at least one thigh support adjuster
`
`at the second setting adjusts the length of the body to a second length greater
`
`than the first length,”
`
`14c – “wherein selectively positioning the at least one thigh support adjuster
`
`4869-8622-9233\1
`
`- 22 -
`
`

`

`
`
`at the third setting adjusts the length of the body to a third length greater than
`
`the second length.”
`
`Claim 15
`
`15 pre – “The adjustable child carrier of claim 11,”
`
`15a – “wherein the seat is configured to support the child in a spread squat
`
`position.”
`
`Claim 19
`
`19 pre – “The adjustable child carrier of claim 1,”
`
`19a – “wherein the bucket seat is configured to support the child in a spread
`
`squat position.”
`
`Claim 20
`
`20 pre – “The adjustable child carrier of claim 6,”
`
`20a – “wherein the bucket seat is configured to support the child in a spread
`
`squat position.”
`
`Claim 21
`
`21 pre – “The adjustable child carrier of claim 5,”
`
`21a – “wherein adjusting the length of the body to the third length configures
`
`the adjustable child car