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 2 is 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 2, there is no antecedent for the “transmitter”.
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pratte et al 2003/0162475.
Pratte shows a talking toy, with a torso, head, arms, hands, and legs; a sensor switch 12 in a hand; an accessory 14, 15, 16 attachable to the hand; a storage unit for audio files; and a speaker 13 for playing an audio file. When an accessory is attached to the hand, a circuit is completed to play an audio file which corresponds to the selected accessory. The sensor may be a magnet. (Paragraphs 0039-0041). The shape of the toy and accessories would be an obvious design consideration; the accessory could resemble a firearm without affecting the operation.
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/JOHN A RICCI/Primary Examiner, Art Unit 3711