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 .
Claims 10-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 10, step 3, there is no antecedent for the “dinosaur’s neck”; in step 5, no antecedent for the “wrists of the transformable robot’s hands”; step 8, no antecedent for the “robot’s mouth”.
In claim 11, step 1, there is no antecedent for the “left foot” or “right foot; in step 2, no antecedent for the “left thigh”, “left hip joint”, left calf”, or “right thigh”; step 4, no antecedent for the “right hip joint” or “right calf”.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over France patent 2560782 in view of Yu 10,035,076.
France patent 2560782 shows a robot, which is transformable between a human form (figure 12) and a dinosaur form (figure 1), with various intermediate postures. The human form includes a head 5, trunk 13, upper body 9, left and right arms, left and right legs. It is not clear if there are servos to move the parts to the different postures. A servo would be useful to more easily transform the toy. For example, Yu shows a toy which transforms to different forms using power from servos (column 4, lines 63-67). These servos would be an obvious addition to the toy of France patent 2560782.
Claims 2-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 10-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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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/JOHN A RICCI/ Primary Examiner, Art Unit 3711