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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 1/22/2024 was/were considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 28-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 11878255. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitations of the application are found in the claims of the US patent. See the example claim below.
US 11878255
18/419068
A puzzle kit comprising a first puzzle and a second puzzle, each of the first puzzle and the second puzzle comprising:
a plurality of polyhedrons connected by hinges in a continuous loop, each polyhedron of the plurality of polyhedrons comprising:
four faces and six edges; and
wherein a first assembly of the first puzzle and the second puzzle forms a cube, wherein in the first assembly, the first puzzle
wherein a second assembly of the first puzzle and the second puzzle forms a concave polyhedron, wherein the first puzzle and the second puzzle are not in congruent configurations in the second assembly,
wherein a third assembly of the first puzzle and the second puzzle forms the concave polyhedron, wherein the first puzzle and the second puzzle are in congruent configurations in the third assembly,
28. (New) A puzzle kit comprising a first puzzle and a second puzzle, each of the first puzzle and the second puzzle comprising:
a plurality of polyhedrons connected by hinges in a continuous loop, each polyhedron of the plurality of polyhedrons comprising:
four faces and six edges;
wherein a first assembly of the first puzzle and the second puzzle forms a cube, wherein in the first assembly, the first puzzle couples with the second puzzle and each of the first puzzle and the second puzzle are in congruent configurations,
wherein a second assembly of the first puzzle and the second puzzle forms a concave polyhedron, wherein the first puzzle and the second puzzle are not in congruent configurations in the second assembly,
wherein a third assembly of the first puzzle and the second puzzle forms the concave polyhedron, wherein the first puzzle and the second puzzle are in congruent configurations in the third assembly.
The puzzle kit of claim 14, wherein the six edges of each polyhedron consist of a first edge having an edge length of two units, a second edge and a third edge having an edge length of the square root of three units (√(3) units), a fourth edge and a fifth edge having an edge length of the square root of two units (√(2) units), and a sixth edge having an edge length of one unit.
29. (New) The puzzle kit of claim 28, wherein the six edges of each polyhedron consist of a first edge having an edge length of two units, a second edge and a third edge having an edge length of the square root of three units (√(3) units), a fourth edge and a fifth edge having an edge length of the square root of two units (√(2) units), and a sixth edge having an edge length of one unit.
The puzzle kit of claim 1, wherein each polyhedron of the plurality of polyhedrons has a tetrahedron shape.
30. (New) The puzzle kit of claim 28, wherein each polyhedron of the plurality of polyhedrons has a tetrahedron shape.
The puzzle kit of claim 1, wherein each polyhedron of the plurality of polyhedrons is congruent with each other polyhedron of the plurality of polyhedrons.
31. (New) The puzzle kit of claim 28, wherein each polyhedron of the plurality of polyhedrons is congruent with each other polyhedron of the plurality of polyhedrons.
The puzzle kit of claim 1, wherein the plurality of polyhedrons consist of twelve polyhedrons connected by the hinges in the continuous loop.
32. (New) The puzzle kit of claim 28, wherein the plurality of polyhedrons consist of twelve polyhedrons connected by the hinges in the continuous loop.
The puzzle kit of claim 1, wherein the hinges comprise bridging strips, each bridging strip extending from one polyhedron of the plurality of polyhedrons to an adjacent polyhedron of the plurality of polyhedrons.
33. (New) The puzzle kit of claim 28, wherein the hinges comprise bridging strips, each bridging strip extending from one polyhedron of the plurality of polyhedrons to an adjacent polyhedron of the plurality of polyhedrons.
The puzzle kit of claim 1, wherein for each of the first puzzle and the second puzzle, each of the hinges hingedly connects one of the six edges of one polyhedron of the plurality of polyhedrons to an identical edge of the six edges of another polyhedron of the plurality of polyhedrons.
34. (New) The puzzle kit of claim 28, wherein for each of the first puzzle and the second puzzle, each of the hinges hingedly connects one of the six edges of one polyhedron of the plurality of polyhedrons to an identical edge of the six edges of another polyhedron of the plurality of polyhedrons.
The puzzle kit of claim 1, wherein for each of the first puzzle and the second puzzle, each of the hinges hingedly connects a first polyhedron of the plurality of polyhedrons to a second polyhedron of the plurality of polyhedrons such that a first face of the six faces of the first polyhedron is configured to reversibly abut a first face of the six faces of the second polyhedron,
35. (New) The puzzle kit of claim 14, wherein for each of the first puzzle and the second puzzle, each of the hinges hingedly connects a first polyhedron of the plurality of polyhedrons to a second polyhedron of the plurality of polyhedrons such that a first face of the six faces of the first polyhedron is configured to reversibly abut a first face of the six faces of the second polyhedron.
The puzzle kit of claim 8, wherein for each of the first puzzle and the second puzzle, each of the hinges hingedly connects the first polyhedron to the second polyhedron such that a second face of the six faces of the first polyhedron is configured to toggle about the
Note: “the hinges may comprise bridging strips”
36. (New) The puzzle kit of claim 35, wherein for each of the first puzzle and the second puzzle, each of the hinges hingedly connects the first polyhedron to the second polyhedron such that a second face of the six faces of the first polyhedron is configured to toggle about the hinge to abut a second face of the six faces of the second polyhedron.
The puzzle kit of claim 9, wherein for each of the first puzzle and the second puzzle, the first polyhedron is connected to a third polyhedron of the plurality of polyhedrons such that a third face of the six faces of the first polyhedron is configured to abut a fourth face of the six faces of the third polyhedron,
37. (New) The puzzle kit of claim 36, wherein for each of the first puzzle and the second puzzle, the first polyhedron is connected to a third polyhedron of the plurality of polyhedrons such that a third face of the six faces of the first polyhedron is configured to abut a fourth face of the six faces of the third polyhedron.
The puzzle kit of claim 9, wherein for each of the first puzzle and the second puzzle, the first face of the first polyhedron is congruent with the first face of the second polyhedron and wherein the second face of the first polyhedron is congruent with the second face of the second polyhedron.
39. (New) The puzzle kit of claim 36, wherein for each of the first puzzle and the second puzzle, the first face of the first polyhedron is congruent with the first face of the second polyhedron and wherein the second face of the first polyhedron is congruent with the second face of the second polyhedron.
The puzzle kit of claim 1, wherein the concave polyhedron has a hexagonal profile with six peaks.
40. (New) The puzzle kit of claim 28, wherein the concave polyhedron has a hexagonal profile with six peaks.
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.
Claim(s) 28, 30-40 are rejected under 35 U.S.C. 103 as being unpatentable over Hoenigschmid US 11697058 in view of Karagamii youtube.com/watch?v=Ps9aB8Xw9 e8.
Regarding claim 28, Hoenigschmid discloses a puzzle kit comprising a
a plurality of polyhedrons connected by hinges (312a-d) in a continuous loop (Fig. 6), each polyhedron of the plurality of polyhedrons comprising four faces and six edges (col. 6 ln. 33-34),
wherein a first assembly of the is in congruent configurations (Fig. 1),
wherein a second assembly of theis not in congruent configurations in the second assembly (Fig. 6A),
wherein a third assembly of the is in congruent configurations in the third assembly (suggested by comparing Fig. 6A with Applicant’s Fig. 2).
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However, Hoenigschmid does not explicitly teach that there are a first and second puzzle the form the assemblies.
Karagamii teaches a first and second puzzle to form the assemblies (0:37) in order to make additional combinations.
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Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the puzzle by utilizing a first and second puzzle as taught by Karagamii in order to make additional combinations.
Regarding claim 30, Hoenigschmid further discloses that each polyhedron of the plurality of polyhedrons has a tetrahedron shape (Fig. 6A).
Regarding claim 31, Hoenigschmid further discloses that each polyhedron of the plurality of polyhedrons is congruent with each other polyhedron of the plurality of polyhedrons (Fig. 6A).
Regarding claim 32, Hoenigschmid further discloses that the plurality of polyhedrons consist of twelve polyhedrons connected by the hinges in the continuous loop (Fig. 6A).
Regarding claim 33, Hoenigschmid further discloses that the hinges comprise bridging strips, each bridging strip extending from one polyhedron of the plurality of polyhedrons to an adjacent polyhedron of the plurality of polyhedrons (col. 8 ln. 29-55).
Regarding claim 34, Hoenigschmid further discloses that each of the hinges hingedly connects one of the six edges of one polyhedron of the plurality of polyhedrons to an identical edge of the six edges of another polyhedron of the plurality of polyhedrons (Fig. 6A).
Regarding claim 35, Hoenigschmid further discloses that each of the hinges hingedly connects a first polyhedron of the plurality of polyhedrons to a second polyhedron of the plurality of polyhedrons such that a first face of the six faces of the first polyhedron is configured to reversibly abut a first face of the six faces of the second polyhedron (Fig. 6A).
Regarding claim 36, Hoenigschmid further discloses that each of the hinges hingedly connects the first polyhedron to the second polyhedron such that a second face of the six faces of the first polyhedron is configured to toggle about the hinge to abut a second face of the six faces of the second polyhedron (Fig. 6B.
Regarding claim 37, Hoenigschmid further discloses that the first polyhedron is connected to a third polyhedron of the plurality of polyhedrons such that a third face of the six faces of the first polyhedron is configured to abut a fourth face of the six faces of the third polyhedron (Fig. 6E).
Regarding claim 38, Hoenigschmid further discloses that the first polyhedron is connected to the third polyhedron such that a fourth face of the six faces of the first polyhedron is configured to abut a third face of the six faces of the third polyhedron (Fig. 6D).
Regarding claim 39, Hoenigschmid further discloses that the first face of the first polyhedron is congruent with the first face of the second polyhedron and wherein the second face of the first polyhedron is congruent with the second face of the second polyhedron (Fig. E).
Regarding claim 40, Hoenigschmid further discloses that the concave polyhedron has a hexagonal profile with six peaks (Fig. 6A).
Conclusion
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/BRIAN O PETERS/ Primary Examiner, Art Unit 3711