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 .
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include any of the reference sign(s) mentioned in the description. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-5, 9, 10, 12, & 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kraft 4,212,460.
Kraft shows a water balloon toy, which includes a shell 14 with a top injection port, and a sealing cover 12 to snap-fit at the top of the shell. The injection port may include notches 36. The shell may have a guiding section 16 with a sealing section with a top horizontal section and lower vertical section (figures 2, 9, 10, 11).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraft in view of Panec 5,975,983.
Kraft discloses that the toy may be made of rubber, but it is not clear if silicone rubber. Panec discloses that a water balloon toy may be made of silicone for good flexibility (column 2, lines 21-49). This silicone would be an obvious material for the water balloon of Kraft.
Claim(s) 6, 11, 13, & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraft in view of Yung et al 3,860,135.
Kraft does not show a connecting strap between the shell and cover. A connecting strap would be desired so the parts do not become separated and lost. For example, Yung shows that a container may have a cover, and a connecting strap integrally molded with the container and cover. this strap would be an obvious addition to the balloon of Kraft.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kraft in view of Yung et al 3,860,135 as applied to claim 6 above, and further in view of Panec.
Kraft and Panec disclose that a container may be of flexible material with a connecting strap, but not clear if silicone rubber. Panec discloses that a water balloon toy may be made of silicone for good flexibility (column 2, lines 21-49). This silicone would be an obvious material for the water balloon of Kraft.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim, can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN A RICCI/ Primary Examiner, Art Unit 3711
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