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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US patent 6926580) in view of Cameron et al. (US patent 7695342; hereinafter Cameron).
Wang (fig. 1) teaches A simulative middle-finger amusement device (rotation or flipping bird 50 as shown in fig. 6) comprising: a body; an axle (shaft 41 in figure 2);
Wang does not expressly teach a spring.
However, in the same field, Cameron teaches a realistic grasping and standing movements toy that includes bird 12 (fig. 1) and a spring (36).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to include the teaching of Cameron to include spring in the structure of Wang’s device so as motivated by Cameron, to provide realistic movement of the bird (title)
As to claim 2, both Wang and Cameron teach the simulative middle-finger amusement device of claim 1, wherein the body resembles a branch (see fig. 1).
As to claim 3, Wang teaches the simulative middle-finger amusement device of claim 1, wherein the axle resembles a branch (43 of figure 2).
As to claim 4, Wang teaches the simulative middle-finger amusement device of claim 1, wherein the axle rotates 360 degrees relative to the horizontal axis of the body (see figure 6).
As to claim 5, Wang teaches a spindle to rotate the and does not expressly teach the simulative middle-finger amusement device of claim 1, wherein the axle is rotated by pressing the button. Examiner takes an official notice that replacing a spindle with a button is well known in the art and would be obvious to one of ordinary skill in the art to have other option to activate the toy.
As to claim 6. he simulative middle-finger amusement device of claim 1, wherein the foot removably attaches to the axle.
As to claim 7, the claim is substantially similar to claim 1 and is rejected substantially similar to claim 1 except for the limitations of having a base which is also taught by Wang (casing 20) and fastener (branch segment 48)
As to claim 8, Cameron teaches the simulative middle-finger amusement device of claim 7, wherein the fastener (shown in fig. 5) is positioned on a bottom surface of the base (fig. 6).
As to claim 9, the simulative middle-finger amusement device of claim 7, wherein the fastener is comprised of a suction cup, an adhesive, or a magnet. Examiner takes an official notice that using magnet or suction cup is well know in the art to connect the toy to the base.
As to claim 10, see rejection of claim 2 above.
As to claim 11, see the rejection of claim 3 above.
As to claim 12, see the rejection of claim 4 above.
As to claim 13, see the rejection of claim 5 above.
As to claim 14, see the rejection of claim 6 above.
15. A method of using a simulative middle-finger amusement device, the method comprising the following steps: providing a simulative middle-finger amusement device comprised of a base, a bird, and a body comprised of a rotating axle; attaching the base to a surface via a fastener of the base; attaching the bird to the axle via a foot of the bird and placing the body into a receiving area of the base; and pressing the button to spin the axle.
As to claim 16, see rejection of claim 9
As to claim 17, see the rejection of claim 8 above.
As to claims 18-19, see the rejection of claims 2-3 above
As to claim 20, see the rejection of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hisashi Suzuki (US patent No. 3199248) teaches an animated talking toy with built in recorder.
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/AMR A AWAD/Supervisory Patent Examiner, Art Unit 2621