DETAILED ACTION
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 .
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) 1-17 and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saar (2018/0132780) and Beyo (2002/0072293). Saar discloses a method (Fig. 4) and non-transitory computer readable medium for storing computer readable program code (paragraph 73) for training tummy time using a toy system (Figs. 1-2) with a processing circuit (213) by capturing an image (430) of an infant using a camera (paragraph 102) of the toy system (Fig. 2), detecting in the image a body position of the infant (paragraphs 43 & 62), generating an activation signal based on the body position being a head-raised-prone body position (404) and activating a component (214) of the toy system to provide a stimulus to the infant (440) based on the activation signal in the form of acoustic and motion stimuluses (paragraphs 43, 109-112, 132, 138 & 147). The toy system (210) can include a base section in the form of a computer or tablet (paragraph 22) which houses the camera and processing circuit (Fig. 2). The detection of the head-raised-prone-body position includes detecting the position for a predetermined time or detecting the head is raised to a relative height (paragraphs 105 & 108). The toy system is further configured to determine a baseline ability for the infant to be in the head-raised-prone-body position prior to detecting the infant by using statistics to develop a standard for normal infant development (paragraph 141). The system is further able to track proficiency or progress of the infant in reaching the head-raided-prone-body position and based on an increase adjust parameters used for detection (paragraphs 62-63, 137-138, 143 & 148). An external device (120) is configured to communicatively interface with the toy system through an interface for monitoring performance of the infant (Fig. 1, paragraph 125). Saar discloses the basic inventive concept with the exception of having interchangeable physically three-dimensional toy components supported on the base that provide the stimulus when activated by the system. Beyo discloses a toy system having a computer base that is configured to interchangeably support physically three-dimensional toys thereon (Figs. 1 & 2) that are configured to be activated by the computer to provide a stimulus such as acoustic or motion of the toy component (paragraphs 4, 7, 9-10). It would have been obvious to one of ordinary skill in the art to modify Saar to further include a physically three-dimensional toy component for providing the stimulus for the predictable result of providing enhanced visual appeal to make the system more interesting to a user and provide enhanced functionality and utility.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 and 19-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711