DETAILED ACTION
This is a FINAL Office Action on the merits and is responsive to the papers filed on 12/04/2025. Claims 1-18 are currently pending and are examined below.
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 .
Response to Amendments
The amendments filed on 12/04/2025 in response to the initial rejection made on 07/24/2025 have been acknowledged and entered. Claim(s) 1-2, 4, and 18 have been amended. New Drawings have been entered. The amendment(s) to the Specification have been entered. Responses to the Applicant’s arguments are written below.
Claim Rejections - 35 USC § 103
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.
Claims 1-13, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Nikitin Andrej Nikolaevich (RU 2558477 C2; hereinafter Nikolaevich) in view of Ian Stuart (AU 2017200688B2; hereinafter Stuart) in further view of Christy Phan (YouTube Video https://www.youtube.com/watch?v=CLfzrrJAViE [00:10-00:25] (September 13, 2019); hereinafter Phan) in further view of Manish Bhardwaj (Bohr Diagrams of Atoms and Ions presented by Chem LibreTexts (05/06/2021); hereinafter Bhardwaj).
Regarding Claim 1, and similarly claims 2 and 18 , Nikolaevich discloses A 3-dimensional model and kit and method for assembly for teaching and for representing the structure of an atom (see at least: Nikolaevich [Abstract]), the model comprising: a shaft (on supports with guide shafts (see at least: Nikolaevich [claim 1])); a central magnetic body connected to the shaft (The neutron ring divides the ball into two magnetic hemispheres, northern - N and southern - S, and painted like a rod magnet, in two colors different from the color of the balls depicting the spheres of impermeability of protons and electrons (see at least: Nikolaevich: paragraph [0139])); a plurality of bodies magnetically attachable to the central magnetic body to represent an atomic nucleus, each body representing a proton and/or a neutron (Moreover, on both stands the balls have the same polarity as rod magnets, which emphasizes their inseparable magnetic connection… The proton is approximately 1837 times heavier than the electron, so they rotate in the same plane, around a common center of mass… For the formation of a hydrogen molecule, the presence of the surface of a third body is necessary... The existence of atomic hydrogen in outer space, where there is no surface of third bodies, is confirmed by spectral analysis (see at least: Nikolaevich paragraph [0161])).
However, Nikolaevich does not explicitly disclose a filament and a plurality of concentric rings centres of which coincide with the location of the central magnetic body, the rings connected to the shaft or filament such that the rings can freely rotate around an axis of the shaft or filament; and a plurality of bodies representing electrons magnetically attachable to the rings.
Stuart teaches using a filament in an educational atom model (Figure 9 shows a side view of an embodiment in which the orienting means of the magnetic assembly is provided by a spring that forms part or all of the filament, or by the rotational flexibility or elasticity of the filament material itself (see at least: Stuart paragraph [0018])). Stuart also discloses using a “ring-shaped” assembly portion in the model (see at least: Stuart paragraph [0024]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used filaments for the added benefit of having the model have more flexibility for movement within the model.
However, Stuart does not explicitly teach a plurality of concentric rings centres of which coincide with the location of the central magnetic body, the rings connected to the shaft or filament such that the rings can freely rotate around an axis of the shaft or filament; and a plurality of bodies representing electrons magnetically attachable to the rings. Phan teaches a plurality of concentric rings with the central body (see at least: Phan YouTube video screen capture below). The model is attached with a shaft and hangs and can be spun by the user. Bhardwaj also teaches that the Bohr Model is a model where there is a plurality of rings (dependent on the atom) where they are around the central nucleus that contains the protons and neutrons and then orbited by electrons in shells (rings) (see at least: FIG 3 below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added rings to the system of Nikolaevich to properly demonstrate an atom model as taught by Niels Bohr in 1913 (see at least: Bhardwaj page 1).
Regarding Claim 3, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the shaft or filament is a shaft (see at least: Nikolaevich FIG. 7 a rod acts like a shaft supporting the model).
Regarding Claim 4, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the central body is centrally attached to the shaft. The central body is attached to the shaft (see at least: Nikolaevich FIG. 32 below).
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Regarding Claim 5, The model of claim 1, wherein the shaft or filament is a filament.
Regarding Claim 6, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Stuart further teaches wherein the central body is attached at or towards an end of the filament. Stuart teaches using a filament to attach at the end of an atom model (educational atom models which are attached to a plurality of filaments, to which each end is attached an orienting magnet assembly (see at least: Stuart [Abstract])).
Regarding Claim 7, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein each spherical body attachable to the central body represents a proton or a neutron (All balls representing protons and neutrons are placed in the model nucleus on the stand so that the total nuclear spin and parity correspond to the experimental data of nuclear physics (see at least: Nikolaevich paragraph [0045])).
Regarding Claim 8, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the bodies representing electrons make polar repulsions against each other (We will fix two neutron balls - 4 on both ends of this structure, on the guides of the second stand - 3. The balls are attached two at each end of the hexagonal structure, taking into account the magnetic polarity at the opposite ends of the hexagonal structure, opposite to each other to comply with the rules of dynamic equilibrium (see at least: Nikolaevich paragraph [0219]).
It would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to know that when using magnets to build a model there will be polar opposites and attractions and to plan accordingly.
Regarding Claim 9, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the bodies representing protons make polar repulsions against each other (We will fix two neutron balls - 4 on both ends of this structure, on the guides of the second stand - 3. The balls are attached two at each end of the hexagonal structure, taking into account the magnetic polarity at the opposite ends of the hexagonal structure, opposite to each other to comply with the rules of dynamic equilibrium (see at least: Nikolaevich paragraph [0219])).
It would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to know that when using magnets to build a model there will be polar opposites and attractions and to plan accordingly.
Regarding Claim 10, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the bodies representing protons make polar attractions to the bodies representing electrons (The forces of electrical attraction of the nucleus acting at the 4p energy level are weaker than the forces at the 3d energy level. Starting with scandium, all subsequent electrons, instead of the 4p energy level, occupy the 3d energy level, between the electron trains, as shown by the double arrow - 6 in Fig. 39 (see at least: Nikolaevich paragraph [0261]).
It would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to know that when using magnets to build a model there will be polar opposites and attractions and to plan accordingly.
Regarding Claim 11, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the bodies representing protons make polar attractions to the central body (The forces of electrical attraction of the nucleus acting at the 4p energy level are weaker than the forces at the 3d energy level. Starting with scandium, all subsequent electrons, instead of the 4p energy level, occupy the 3d energy level, between the electron trains, as shown by the double arrow - 6 in Fig. 39 (see at least: Nikolaevich paragraph [0261]).
It would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to know that when using magnets to build a model there will be polar opposites and attractions and to plan accordingly.
Regarding Claim 12, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches wherein the respective bodies representing the protons, the neutrons, and the electrons are spheroid bodies (On the surface of all balls representing the spheres of electron impermeability, the number of the electron shell is placed - 2. Moreover, all the sizes of the electron spheres of impermeability are strictly quantized, and the centers of mass of the electrons are at different, strictly quantized distances from the nucleus and correspond to different energy levels of the electron in the atom shown in Fig. 3 (see at least: Nikolaevich paragraph [0113])).
Regarding Claim 13, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Phan further teaches wherein movable mounting of the shaft allows for rotation of the rings about two perpendicular axes. The shaft allows for the rotation of the rings for the educational atom model (see at least: Phan FIG. 2 and 3 below)
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Regarding Claim 17, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above and Nikolaevich further teaches when used for teaching atomic structure (The invention can be used as a visual teaching aid in the process of interactive study of the internal structure of atoms of chemical substances, structural elements of an atom (see at least: Nikolaevich paragraph [0002])).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nikolaevich in view of Stuart, Phan and Bhardwaj in further view of Maslokovets Nikolay (US 3623239 A; hereinafter Nikolay) in further view of Krant Paclayan (US 2485064 A; hereinafter Paclan).
Regarding Claim 14, Nikolaevich in view of Stuart in further view of Phan and Bhardwaj teach the model as stated above, however they do not explicitly disclose wherein the shaft is movably mounted to a circular rail at mounting positions at or towards first and second ends of the shaft. Nikolay teaches a scientific toy/amusement and educational model that has a circular mounting that holds the balls within the spiral (see at least: Nikolay [column1 lines 27-40]). However, the circular mounting was not explicitly recited to have a circular rail. Paclayan teaches using a circular rail to hold the toy and ball in place while playing and can change any plane (see at least: Paclayan [column 2, lines 22-41]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used a circular rail within a toy or amusement device for movement as taught by Paclayan for the added benefit of having an engaging toy to properly teach how things can move in nature.
Regarding Claim 15, Nikolaevich in view of Stuart, Phan, and Bhardwaj in further view of Nikolay and Paclayan suggest the claimed matter as stated above and Paclayan further suggests the circular rail is in a horizontal plane (being confined therein regardless of any change in the plane in which the member is gyrated (see at least: Paclayan [column 2, lines 39-41])).
Regarding Claim 16, Nikolaevich in view of Stuart, Phan, and Bhardwaj in further view of Nikolay and Paclayan suggest the claimed matter as stated above and Paclayan further suggests wherein the circular rail is in a vertical plane (being confined therein regardless of any change in the plane in which the member is gyrated (see at least: Paclayan [column 2, lines 39-41])).
Response to Arguments
Drawings:
The replacement sheets have been entered and accepted. The originally filed drawing objections are now moot.
35 U.S.C. § 112(b):
The amendments made to the claims overcome the 35 U.S.C. § 112(b) rejections made to the claims in the non-final mailed out on 07/24/2025.
35 U.S.C. § 103:
Applicant states on page 2 of the remarks “Paragraph 0139 of the Nikolaevich translation describes a model of a neutron, not an atom or a nucleus.” It is unclear how an atom model or a nucleus model would be different from a model of a neutron. In ¶39 of Nikolaevich it is stated that there are balls representing the sphere of the neutron that have neutrons and protons. It is unclear how a model of an atom would be different from a neutron model unless it’s a model of Hydrogen which only contains protons. Furthermore, a nucleon that represents the atomic nucleus is made up of protons and/or neutrons (attached NPL). Nikolaevich teaches protons and neutrons which make up a nucleon. (“The Atomic Nucleus Model Set contains at least 328 colorful, durable balls of the same size representing protons and neutrons” recited in ¶ 40 of Nikolaevich.) Nikolaevich also shows that the balls have the same polarity as the rod magnets which would make up the claim limitation of the magnetic central body which is found in paragraph ¶161 (“Moreover, on both stands the balls have the same polarity as rod magnets, which emphasizes their inseparable magnetic connection”). Under the broadest reasonable interpretation of the instant applications “central magnetic body” which is an atomic model, and atomic models comprise both neutrons and protons, its reasonably understood that Nikolaevich teaches that the balls (which are either protons or neutrons) have polarity which means they are magnetic. The arguments made are not found persuasive and the rejection made under 35 U.S.C. § 103 are maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 SELWA A ALSOMAIRY whose telephone number is (703)756-5323. The examiner can normally be reached M-F 7:30AM to 5PM EST.
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/SELWA A ALSOMAIRY/Examiner, Art Unit 3715
/Jay Trent Liddle/Primary Examiner, Art Unit 3715