DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 14, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite a method comprising a series of steps “instructing a user” how to play a game, which is managing personal behavior or interactions between people, specifically the rules for playing a game, and thus grouped as a certain method of organizing human interactions identified by the courts as an abstract idea. See MPEP § 2106.04(a)(2), subsection II.C., citing In re Marco Guldenaar Holding B.V., 911 F.3d 1157, 1161, 129 USPQ2d 1008, 1011 (Fed. Cir. 2018). This judicial exception is not integrated into a practical application because, while claim 13 recites a step of providing blocks, the claimed “instructing” steps do no more than communicate information to a user about the blocks and do not positively recite any actual manipulation of the blocks. In other words, the claims do not require that the abstract idea (i.e., the rules of the game) is actually implemented on or by the blocks. For example, the claims do not recite steps of filling the hollow rectangular blocks or stacking the blocks. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as noted above, the claims do not positively recite any manipulative steps performed on or by the sets of blocks. Rather, the method stops at the provision of the blocks and communication of instructions to a user about the blocks. Thus, the method as claimed does not require that the blocks are used or transformed in any way in the practice of the method.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 6 recites the limitation “the internal space” in line 2. There is insufficient antecedent basis for this limitation in the claims. It is unclear how the internal space is defined. For example, could “the internal space” be referring to “the hollow interior cavity”? Claim 6 defines the extent of hollow interior cavity relative to the internal space (“at least 50% of the internal space”). Because the internal space is not clearly defined, it is unclear what extent of the hollow interior cavity is being claimed.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3, 6-9, and 11-12 are under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Lane (WO 99/43574, hereinafter Lane).
Regarding claim 1, Lane discloses a reconfigurable game comprising a plurality of stackable rectangular blocks (“toy construction blocks,” pg. 2:14-16) each having a parallelepiped structure (see Fig. 1); wherein a first set of the blocks comprises a hollow interior cavity (interior defined by inner surface 10, Fig. 4), an opening (see Fig. 4) that permits access to the hollow interior cavity, and a resealable closure (lid 3) that seals the opening (pg. 5:8-34).
Regarding claim 3, Lane further discloses the first set of blocks comprise food-grade polypropylene (“polypropylene,” pg. 7:9-14; for storing confectionery, pg. 1:9-14).
Regarding claim 6, Lane further discloses the hollow interior cavity comprises at least 50% of an internal space of the blocks (see Fig. 6).
Regarding claim 7, Lane further discloses the hollow interior cavity is sufficient to fit an edible material (“confectionery,” pg. 1:9-14).
Regarding claim 8, Lane further discloses the resealable closure (3) comprises at least one of a lid (3) with a hinge (“lid 3 is hinged along one of its side edges,” pg. 5:8) and a snap-on lid (ridge 25 of lid 3 snapping onto ridge 37 of wall 5, Figs. 4-5).
Regarding claim 9, Lane further discloses the resealable closure (3), upon closing, is flush with one or more faces (5-8, Figs. 1-2) of the rectangular block.
Regarding claim 11, Lane further discloses the blocks have a structure that allows for vertical stacking (via nibs 9 of one block engaging receptacles 13 of another block, Figs. 1-2) and horizontal stacking (by virtue of flat side surfaces of blocks, Figs. 1-2; compare to Applicant’s disclosure at ¶ 53) of one rectangular block upon another until no blocks are left.
Regarding claim 12, Lane further discloses the hollow interior cavity of each block is hermetically sealed when the resealable closure (3) covers the opening (the lid 3 being configured “to close tightly,” pg. 6:15-18, for packaging and sale of confectionery, pg. 1:9-14).
Claims 1-2, 4-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jello Shot Tower (“This Giant Jenga Has Random Jello Shots Hidden Inside That You Take If You Pull,” by Ryan Ruikkie, May 2, 2022, https://odditymall.com/tipsy-jello-shot-tower-game/; hereinafter Jello Shot Tower).
Regarding claim 1, Jello Shot Tower discloses a reconfigurable game, comprising a plurality of stackable rectangular blocks (“54 wooden blocks,” pg. 7), each having a parallelepiped structure (see Image 1 below); wherein a first set of the plurality of stackable rectangular blocks (i.e., the set of 15 wooden blocks containing Jello shots, pg. 5) comprises a hollow interior cavity (in plastic cup within recess of wooden block; see Images 1 and 2 below) and an opening that permits access to the hollow interior cavity (to access Jello shot in plastic cup); and wherein the first set of the plurality of stackable rectangular blocks further comprises a resealable closure (“lids,” pg. 9; see Image 2 below) that seals the opening.
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Regarding claim 2, Jello Shot Tower further discloses the plurality of stackable rectangular blocks comprises at least 30 rectangular blocks (“54 wooden blocks,” pg. 7).
Regarding claim 4, Jello Shot Tower further discloses the plurality of blocks includes a second set of the plurality of stackable rectangular blocks (i.e., the standard solid wooden blocks without Jello shot cups).
Regarding claim 5, Jello Shot Tower further discloses the first set of blocks (i.e., the Jello shot blocks) has an outer size and dimension that is identical to the second set of blocks (“exact same size,” pg. 12).
Regarding claim 6, Jello Shot Tower further discloses the hollow interior cavity of each of the first set of blocks comprises at least 50% of an internal space (i.e., the hollowed out space of the Jello shot blocks which receives the plastic cup; see Image 2 above) of the rectangular block, as best understood by the examiner in view of the issues under 35 USC 112(b) discussed above.
Regarding claim 7, Jello Shot Tower further discloses the hollow interior cavity (of the plastic cup) is sufficient to fit an edible and/or potable material (i.e., a Jello shot).
Regarding claim 8, Jello Shot Tower further discloses the resealable closure comprises a snap-on lid (see Image 2 above; the snap-on nature of the illustrated SOLO cup lids being well understood in the art).
Regarding claim 9, Jello Shot Tower further discloses the resealable closure, upon closing the opening, is flush with one or more faces of the rectangular block (see Image 2 above, the topmost surface of the lid being substantially even with the top face of the block).
Regarding claim 10, Jello Shot Tower further discloses each of the blocks has a structure that is at least three times as long as it is wide (see Image 1 above, showing the length of one block corresponding to the width of three blocks) and at least one fifth as thick as it is long (clearly shown in Image 1 above), these being conventional dimensions for Jenga blocks.1
Regarding claim 11, Jello Shot Tower further discloses the blocks have a structure that allows for vertical and horizontal stacking of one block upon another until no blocks are left, as clearly shown in Image 1 above.
Regarding claim 12, Jello Shot Tower further discloses the hollow interior cavity of each of the first set of blocks is hermetically sealed when the resealable closure covers the opening (see Image 2 above, showing conventional SOLO condiment cups with lids understood to form an airtight seal when closed).
Regarding claim 13, Jello Shot Tower further discloses a method of playing a reconfigurable game with a combination of solid and hollow rectangular blocks (see pg. 5, the set of 54 blocks including 15 blocks with a hollow space for holding Jello shots, the remaining blocks clearly understood to be standard solid blocks), comprising:
providing (i) a set of hollow rectangular blocks (i.e., the 15 blocks for Jello shots) that each have a hollow interior portion with a resealable opening (see Image 1 above; the cup and lid defining the hollow interior portion with resealable opening) and (ii) a set of solid rectangular blocks (i.e., the remaining blocks without Jello shots) wherein each of the rectangular blocks of each set comprises a parallelepiped structure (see Image 1);
instructing a user to fill at least one of the hollow rectangular blocks with a potable or edible item (i.e., a Jello shot; see Image 2 above);
instructing the user to combine the hollow rectangular blocks with the solid rectangular blocks (see Image 1 above);
instructing the user to place at least three of the combined rectangular blocks on a stable surface parallel to one another, wherein one face of a first rectangular block is in contact with the stable surface, and another face of the first rectangular block is in contact with a second rectangular block (see Image 1 above; also see pg. 3);
instructing the user to stack the same number of combined rectangular blocks upon the at least three placed rectangular blocks with a change in orientation of at least 90 degrees, wherein one face of a fourth rectangular block is in contact with the at least three rectangular blocks below and wherein a fifth rectangular block is placed parallel to the fourth rectangular block (see Image 1 above, this being the conventional Jenga stacking scheme2);
instructing the user to repeat the step of stacking until all the combined rectangular blocks are used and/or a desired tower height is achieved (see Image 1 above, this being the conventional Jenga stacking scheme);
instructing the user to have each participant one at a time select one of the stacked rectangular blocks to remove from the tower (see Image 2 above; see also pg. 6 image; this being the conventional manner of playing Jenga);
if a hollow rectangular block is removed from the tower by a participant, instructing the participant to consume the item placed in the hollow rectangular block (“if you pull a wooden block that contains a Jello shot, you’ve got to take it!,” pg. 2); and
instructing the user to have the participants repeat the steps above until the tower at least partially collapses (“the game tips over,” pg. 9; this being the conventional manner of playing Jenga).
Regarding claim 16, Jello Shot Tower further discloses the resealable closure comprises a snap-on lid (see Image 2 above; the snap-on nature of the illustrated SOLO cup lids being well understood in the art).
Regarding claim 17, Jello Shot Tower further discloses the resealable closure is configured to open and close access to the hollow interior portion (i.e., the interior of the plastic cup) of the hollow rectangular block (see Image 2 above; the removable nature of the illustrated SOLO cup lids being well understood in the art).
Regarding claim 18, Jello Shot Tower further discloses the resealable closure, upon closing, is flush with one or more faces of the rectangular block (see Image 2 above, the topmost surface of the lid being substantially even with the top face of the block).
Regarding claim 19, Jello Shot Tower further discloses the hollow and solid rectangular blocks have a length of at least 6 inches (7.5 inches in a smaller version, or 10.5 inches in a larger version, pg. 6). As shown in Image 1 above, the width of the blocks is approximately 1/3 of the length, such that the width is understood to be at least 2.5 inches as claimed (i.e., approximately 2.5 inches in the smaller 7.5-inch version, or approximately 3.5 inches in the larger 10.5-inch version). As also shown in Image 1 above, the height (or thickness) of the blocks is approximately 1/5 of the length, such that the height is understood to be at least 1.5 inches (i.e., approximately 1.5 inches in the smaller 7.5-inch version, or approximately 2.1 inches in the larger 10.5-inch version).
Regarding claim 20, Jello Shot Tower further discloses the hollow and solid rectangular blocks have identical dimensions (“exact same size,” pg. 12).
Claim Rejections - 35 USC § 103
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.
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lane.
Regarding claim 2, Lane teaches the claimed invention substantially as claimed, as set forth above for claim 1. Lane does not explicitly teach at least 30 of the blocks. 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 Lane to include at least 30 of the rectangular blocks, for example, as a case of the packaged confectionery or as a collection for a child’s enjoyment in stacking and building, since the court has found that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claims 3 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jello Shot Tower in view of Lane.
Regarding claims 3 and 14, Jello Shot Tower teaches the claimed invention substantially as claimed, as set forth above for claims 1 and 13, respectively. Jello Shot Tower does not teach that the solid and hollow blocks comprise HDPE plastic, LDPE plastic, PET/PETE, PP, PC, acrylic, nylon, PVC, or ABS. However, Lane teaches that food grade polypropylene (“polypropylene,” pg. 7:9-14; for storing confectionary, pg. 1:9-14) was known to be a suitable material for a stackable rectangular blocks. 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 blocks of Jello Shot Tower to include food-grade polypropylene as taught by Lane, since this involves the simple substitution of one known material for stackable building blocks for another known material for stackable blocks, to yield predictable results. Moreover, one of ordinary skill in the art would have recognized that food-grade polypropylene as taught by Lane may be desirable to facilitate production by molding of the blocks and to improve impact resistance of the finished product.
Regarding claim 15, Jello Shot Tower teaches the claimed invention substantially as claimed, as set forth above for claim 13. Jello Shot Tower further teaches the hollow interior portion is sufficient to store the edible item (see Image 2 above). Jello Shot Tower does not teach that the hollow interior portion comprises at least 50% of the volume of the hollow rectangular block. However, Lane teaches a hollow rectangular block (Figs. 1-4) comprising a hollow interior portion (defined by inner surface 10, Fig. 1) for storing an edible item (“confectionery,” pg. 1:9-14), wherein the hollow interior portion comprises at least 50% of the volume of the hollow rectangular block (see Fig. 4, the hollow portion extending the length of the block; and Fig. 6, the hollow portion extending significantly more than 50% of the height of the block). One of ordinary skill in the art would have appreciated that making the hollow interior portion a larger percentage of the volume, as taught by Lane, would have the advantage of storing more of the edible material. 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 game of Jello Shot Tower by configuring the hollow interior portion to comprise at least 50% of the volume of the hollow rectangular block, as taught by Lane, in order to store more edible material in each of the hollow blocks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stolte (US Patent No. 2,631,747) and Garpow (US Patent No. 6,506,091) each disclose a reconfigurable game comprising a plurality of stackable rectangular blocks with a hollow interior and a resealable closure, cited here as further representative of the state of the art.
ClearTec Packaging (https://cleartecpackaging.com/rectangle-plastic-tubes.html) discloses a plurality of rectangular polyethene blocks each having a parallelepiped structure and comprising a hollow interior cavity, an opening, and a lid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura L. Davison whose telephone number is (571)270-0189. The examiner can normally be reached Monday - Friday, 8:00 a.m. - 4:00 p.m. ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at (571)272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Laura Davison/Reexamination Specialist, Art Unit 3993
1 For a description of conventional Jenga games, see Wikipedia article, “Jenga,” archived July 31, 2021.
2 For evidence of the conventional method of playing Jenga, see Wikipedia article, “Jenga,” archived July 31, 2021.