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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 29, 2026 has been entered.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-7, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Bubble Popper Fidget Sensory Toy Review, hereinafter Bubble Popper.
Regarding claim 1, Bubble Popper discloses an interactive toy for an animal comprising:
a body portion (as shown in annotated fig. 1 below); and
at least one flexible insert coupled to the body portion (as shown in annotated fig. 1 below), wherein the at least one flexible insert is exposed as to be contactable by teeth of the animal to apply force to the at least one flexible insert (equivalent structure provides equivalent function. As shown in annotated fig. 1 below, the flexible insert is exposed and therefore can be contacted by teeth of the animal);
wherein the at least one flexible insert is convertible into two different geometric configurations (as shown in annotated figs. 1 & 2 below) along with the generation of an audible sound (0:45-1:10);
wherein the at least one flexible insert has, in a first configuration, a first configuration projecting surface and a first configuration recessed surface (0:45-0:55; as also shown in annotated fig. 3 below), and in a second configuration, the first configuration projecting surface becomes a second configuration recessed surface and the first configuration recessed surface becomes a second configuration projecting surface (0:55-1:05; as also shown in annotated fig. 4 below);
wherein, in the first configuration, both the first configuration projecting surface and the first configuration recessed surface are exposed as to be contactable by the teeth of the animal to apply the force to the at least one flexible insert (0:45-0:55; as shown in annotated figs 3 below, both the first configuration projecting surface and the first configuration recessed surface are exposed to be contactable by the teeth of the animal); and
wherein, in the second configuration, both the second configuration projecting surface and the second configuration recessed surface are exposed as to be contactable by the teeth of the animal to apply the force to the at least one flexible insert (0:55-1:05; as shown in annotated fig. 4 below, both the second configuration projecting surface and the second configuration recessed surface are exposed to be contactable by the teeth of the animal).
[AltContent: textbox ([img-media_image1.png])][AltContent: textbox ([img-media_image2.png])]
[AltContent: textbox (Annotated fig. 2: annotated image of Bubble Popper at 0:40)][AltContent: textbox (Annotated fig. 1: annotated image of Bubble Popper at 0:38)]
[AltContent: textbox ([img-media_image3.png])]
[AltContent: textbox ([img-media_image4.png])]
[AltContent: textbox (Annotated fig. 4: annotated image of Bubble Popper at 0:57)][AltContent: textbox (Annotated fig. 3: annotated image of Bubble Popper at 0:48)]
Regarding claim 2, Bubble Popper discloses the invention in claim 1, and further discloses wherein the at least one flexible insert is convertible from the first configuration to the second configuration, and then convertible from the second configuration back to the first configuration (0:40-1:45).
Regarding claim 3, Bubble Popper discloses the invention in claim 2, and further discloses wherein the at least one flexible insert generates the audible sound when converting to the second configuration and a further audible sound when converting back to the first configuration (at 0:44-0:55, “to use them you just press the bubbles down and they make a slight popping sound then flip it over and start again”).
Regarding claim 4, Bubble Popper discloses the invention in claim 2, and further discloses wherein the at least one flexible insert undergoes elastic deformation when converting to the second configuration and undergoes elastic recovery when converting back to the first configuration1 (0:44-0:55; as shown in annotated figs. 3 & 4 above).
Regarding claim 5, Bubble Popper discloses the invention in claim 1, and further discloses wherein, in the first configuration, the first configuration projecting surface is a first configuration hemispherical projecting surface, and the first configuration recessed surface is a first configuration hemispherical recessed surface (0:40-0:55); and wherein, in the second configuration, the second configuration projecting surface is a second configuration hemispherical projecting surface, and the second configuration recessed surface is a second configuration hemispherical recessed surface (0:55-1:06).
Regarding claim 6, Bubble Popper discloses the invention in claim 1, and further discloses wherein the at least one flexible insert is disposed in a through-hole of the body portion (as shown in annotated fig. 5 below, the circumference of the through hole is filled by the flexible insert [i.e., the bubble popper]).
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Annotated fig. 5: annotated image of Bubble Popper at 1:02
Regarding claim 7, Bubble Popper discloses the invention in claim 1, and further discloses wherein, in the first configuration, the body portion includes a first perimeter surface that surrounds the at least one flexible insert, and a portion of the first configuration projecting surface of the at least one flexible insert extends above the first perimeter surface of the body portion that surrounds the at least one flexible insert (0:40-0:55); and wherein, in the second configuration, the body portion includes a second perimeter surface that surrounds the at least one flexible insert, and a portion of the second configuration projecting surface of the at least one flexible insert extends above the second perimeter surface of the body portion that surrounds the at least one flexible insert (0:55-1:05).
Regarding claim 16, Bubble Popper discloses the invention in claim 1, and further discloses wherein the at least one flexible insert is convertible into an interim configuration (as shown in annotated fig. 3 above and further shown at 0:45-0:55, the intermediate position of the flexible insert from its projected state to its recessed state is the interim configuration) and the interim configuration is convertible into one of the two different geometric configurations without an addition of force (the flexible insert [i.e., the bubble popper] bouncing back to its original shape requires no additional force).
Regarding claim 17, Bubble Popper discloses a method of use of an interactive toy for an animal, comprising: obtaining the interactive toy for the animal, wherein the toy comprises:
a body portion (as shown in annotated fig. 1 above); and
at least one flexible insert coupled to the body portion (as shown in annotated fig. 1 above), wherein the at least one flexible insert is exposed as to be contactable by teeth of the animal to apply force to the at least one flexible insert (equivalent structure provides equivalent function. As shown in annotated fig. 1 above, the flexible insert is exposed and therefore can be contacted by teeth of the animal);
wherein the at least one flexible insert is convertible into two different geometric configurations (as shown in annotated figs. 1 & 2 above) along with the generation of an audible sound (0:45-1:10);
wherein the at least one flexible insert has, in a first configuration, a first configuration projecting surface and a first configuration recessed surface (0:45-0:55; as also shown in annotated fig. 3 above), and in a second configuration, the first configuration projecting surface becomes a second configuration recessed surface and the first configuration recessed surface becomes a second configuration projecting surface (0:55-1:05; as also shown in annotated fig. 4 above);
wherein, in the first configuration, both the first configuration projecting surface and the first configuration recessed surface are exposed (0:45-0:55; as shown in annotated figs 3 above) as to be contactable by the teeth of the animal to apply the force to the at least one flexible insert (based on the structural configuration the apparatus meets the limitations. Examiner notes, an animal can come into contact with this device, and the projecting surface and the recessed surface can be contactable by the animal);
wherein, in the second configuration, both the second configuration projecting surface and the second configuration recessed surface are exposed as to be contactable by the teeth of the animal to apply the force to the at least one flexible insert (0:55-1:05; as shown in annotated fig. 4 below, both the second configuration projecting surface and the second configuration recessed surface are exposed to be contactable by the teeth of the animal); and converting the at least one flexible insert from the first configuration to the second configuration and generating the audible sound when converting to the second configuration (at 0:44-1:05, “to use them you just press the bubbles down and they make a slight popping sound then flip it over and start again”).
Regarding claim 18, Bubble Popper discloses the invention in claim 17, and further discloses further comprising: converting the at least one flexible insert from the second configuration back to the first configuration and generating a further audible sound when converting back to the first configuration (at 0:44-1:05, “to use them you just press the bubbles down and they make a slight popping sound then flip it over and start again”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8, 10-11, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bubble Popper as applied to claim 7 above.
Regarding claim 8, Bubble popper discloses the invention in claim 7, but is silent regarding the projecting surface of the at least one flexible insert extending 1.0mm to 10.mm above the surface of the body portion that surrounds the at least one flexible insert.
However, 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 flexible insert of Bubble Popper such that the flexible insert extends 1.0mm to 10.0mm above the surface of the body portion, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level ·of ordinary skill in the art. IJ1 re Rose, 105 USPQ 237 (CCPA 1955). Doing so would improve user experience since the protrusion is part of the design to make the device more engaging.
Regarding claim 10, Bubble Popper discloses the invention in claim 1, and further discloses that the toy provides an audible sound (at 0:44-1:05, “to use them you just press the bubbles down and they make a slight popping sound then flip it over and start again”), but is silent wherein the audible sound is in the range of 50 Hz to 45,000 Hz.
The examiner is taking Official Notice that the human hearing range typically spans frequencies from 20 Hz to 20,000 Hz. Therefore, 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 range to be between 50 Hz to 45,000Hz, since it has been held where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Doing so would provide auditory feedback that enhances the toy’s sensory benefits, making the toy more engaging.
Regarding claim 11, Bubble Popper discloses the invention in claim 1, but is silent regarding wherein the body portion comprises a thermoplastic or thermoset material.
However, 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 invention of Bubble Popper such that the body portion was made of a thermoplastic or thermoset material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. Doing so would provide a toy soft to the touch, making it comfortable for the user to hold.
Regarding claim 13, Bubble Popper discloses the invention in claim 1, but is silent regarding wherein the at least one flexible insert comprises thermoplastic elastomers or thermoset elastomers.
However, 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 invention of Bubble Popper such that the flexible insert comprises thermoplastic elastomers, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. Doing so would cut down on manufacturing costs.
Regarding claim 14, modified Bubble Popper discloses the invention in claim 13, but is silent regarding wherein the elastomers comprise polyester thermoplastic elastomers, polyamide thermoplastic elastomers, polystyrene- polybutadiene elastomers, and polyisoprene based elastomers.
However, 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 invention of Bubble Popper such that the elastomers comprise polyester thermoplastic elastomers, polyamide thermoplastic elastomers, polystyrene- polybutadiene elastomers, and polyisoprene based elastomers, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. Doing so would cut down on manufacturing costs.
Claim(s) 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bubble Popper as applied to claim 1 above, and further in view of Zawitz (US 2006/0014468 A1).
Regarding claim 12, Bubble Popper discloses the invention in claim 11, but is silent regarding wherein the material is selected from polyamide, polycarbonate, polyethylene, polypropylene, polyamide, polycarbonate, polyacetal, polystyrene, polyethylene, polypropylene, polystyrene, high-impact polystyrene, polyurethanes, polyisoprene, thermoplastic elastomers, PET or PBT.
Zawitz is in the field of a therapeutic hand toy (Abstract) and teaches wherein the material is polycarbonate (Para. [0058], “FIG. 5A illustrates a single textured pivotally connected segment 102 from therapeutic toy 100. Segment 102 has two ends 103 and 105 and a shaft 107 with a relatively small diameter. The ends and shaft may be constructed of a hard material, such as a hard plastic, polycarbonate, wood, metal or the like”).
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 invention of Bubble Popper such that the material is polycarbonate as taught by Zawitz, since it is a highly durable thermoplastic making it a go-to for high-quality, long-lasting toy parts.
Regarding claim 15, Bubble Popper discloses the invention in claim 1, but does not appear to specifically disclose wherein the at least one flexible insert includes an attractant or a flavoring.
Zawitz is in the field of a therapeutic hand toy (Abstract) and teaches wherein the surface includes an attractant (Para. [0044], “[t]he surface may also include scented materials useful in aromatherapy, such as herbs, flowers or even flavored substances”).
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 surface of Bubble Popper such that the exterior surface was scented as taught by Zawitz, in order to enhance play.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, and 10-18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA ALEKSIC whose telephone number is (571)272-1659. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm ET.
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/N.A./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
1 Interpretation note: since the flexible insert (i.e., the bubble popper) is capable of deforming, then it undergoes elastic deformation when converting to the second configuration and undergoes elastic recovery when converting back to the first configuration.
Prosecution Insights