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 .
Note that it appears that Claims 11-18 should depend from Claim 10, not Claim 1.
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) 10-12, 14, & 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wilcox 2002/0002022.
Wilcox shows a plush toy with a body with a cover 310 of a first material (figures
9 and 10), with stuffing such as polyester 380; an opening to attach ahead 12 with a
cover 600 of a second material; an internal skeleton of multiple flexible pieces
connected end to end; a central limb connector 260 with a neck connector, arm
connector, and body connector movably connected to the skeleton pieces, and the neck
connector received in a receptacle 760 in the head. The first and second materials may include fabric or plastic (paragraph 0066).
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilcox in view of Wittenberg et al 2004/0002279.
The toy shown by Wilcox includes a skeleton with many pieces, which may be
difficult to assemble. Limbs of a single flexible piece may be easier to assemble and
operate. For example, Wittenberg shows that a toy may include limbs of flexible wire.
These flexible wire limbs would be an obvious addition to the toy of Wilcox.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilcox in view of Beebe 3,099,895.
Wilcox shows a neck connector 700 (figures 9 and 10) but it does not appear that
it includes tabs. A connector with tabs may be more flexible and easier to install. For
example, Beebe shows that a connector for parts of toys may include tabs 35, 36, 37
which is received in a post with a lip 34, 32. This connector would be an obvious
addition to the toy shown by Wilcox.
Claims 1-9 are allowed.
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 JOHN A RICCI whose telephone number is (571)272-4429. The examiner can normally be reached Mon to Fri.
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/JOHN A RICCI/Primary Examiner, Art Unit 3711
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