DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 8 is objected to because of the following informalities: claim 8 claims “at least one pair of magnetic suction bodies” (emphasis added). The language is unclear. The Examiner assumes applicant is attempting to claim “magnetic attracting bodies”, and “suction” is potentially a mistranslation from the original Chinese application. That is, “suction” is defined as “the act, process, or condition of sucking” (merriam.webster.com). The use of this language is not consistent with the mechanical structure that is disclosed.
Claim 10 is objected to because of the following informalities: claim 10 claims “at least one of the liquid storage tanks is connected to the liquid outlet”. However, claim 10, line 1 requires “two liquid outlets”. As such, it would appear that claim 10 should read “at least one of the several liquid storage tanks is connected to the two liquid outlets”. Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first and second insertion portions“ of claim 7, the “at least one pair of magnetic suction bodies” of claim 8, the “external liquid storage bottle of claim 9”, and the “several liquid storage tanks” of claim 10 (noting two items 333 are shown in Fig. 3; but “several” by definition is more than two) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claims 1, 7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Thai (US Pat. No. 10,434,434 B1) in view of Styles (US Pub. No. 2009/0061727 A1).
Regarding claim 1, Thai discloses a bubble blowing device with a bubble blowing turntable (Fig. 1, and Fig. 13B, the front portion of the front item, i.e. item with shaft 19, being the turntable, i.e. proximate items 110/114 defining the turntable), comprising a shell (Fig. 1; noting the outer body of the entire device can be the “shell”), a motor (Fig. 12, item 42) and an air guide member fixed in the shell (Fig. 13B, item 116 being the “air guide”; and noting it is obvious that it is “fixed in the shell” as seen in Fig. 1), an impeller (Fig. 12, item 64 being the impeller) and a gear group driven by the motor to rotate (Fig. 12, items 94, 92b, 92a, 92c, and 102 collectively, see specifically col. 4, lines 17-36), a bubble blowing member driven by the gear group to rotate (Fig. 11, clearly showing this, item 62 in combination being the “bubble blowing member); wherein the bubble blowing member comprises a gear ring and the bubble blowing turntable (Fig. 13B, items collectively 112 around the perimeter defining the ring gear, and collectively items 110/114 defining the turntable on the front side), the gear ring is engaged with the gear group (Fig. 11; noting this is clearly shown, see also Figs. 14 and 15), the bubble blowing turntable is fixed in the gear ring (Fig. 13B, the front item with shaft 19 clearly showing this, item the front surface with items 110/114 is fixed in the gear with items 112), a handheld portion is further provided on the bubble blowing turntable (Fig. 13B below, noting the Examiner does not import any structural limitations from the specification into what is considered a “handle”; other than it may be functionally grasped by a user, i.e. the Examiner is taking a broadest reasonable interpretation of the language); the handheld portion is exposed on the bubble blowing turntable and arranged in a direction perpendicular to a direction of the bubble blowing turntable (Fig. 13B below; noting this is obvious, see also Figs. 7 and 8 showing it “exposed”). It is noted that Thai does not specifically disclose that the turntable is both replaceable and detachably fixed. However, Styles discloses a similar bubble creation device wherein bubble producing table is replaceable and detachably fixed (Figs. 2 and 5; noting replaceable and detachably fixed to a frame). In the alternative, regarding making the turntable separable from the ring gear, it has been that making a larger structure separable is not patentable if it were desirable to gain access to either part. See In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Thus, it would have been obvious to a person of ordinary skill in the art at the time of filing to modify Thai to make the turntable both replaceable and detachably fixed as taught and suggested by Styles because doing so would be use of a known technique (using a bubble producing table that is replaceable and separable) to improve a similar product (a bubble producing device having a bubble producing turntable fixed within a ring gear) in the same way (using a bubble producing table that is replaceable and separable, the bubble producing table being separable and replaceable within the ring gear). In the alternative, it would have been obvious to a person of ordinary skill in the art at the time of filing that making the ring gear and bubble turntable separable and replaceable would allow for a variety of different bubble producing apertures to be used on the device (see as evidence, Styles: par. [0025]).
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Regarding claim 7, the combined Thai and Styles disclose that an inner wall of the gear ring is provided with a first insertion portion (Styles: Fig. 2, item 42), an outer wall of the bubble blowing turntable is provided with a second insertion portion at a position corresponding to the first insertion portion (Styles: Fig. 2; noting the entire perimeter of the ring table); the second insertion portion and the first insertion portion are detachably inserted and fixed (Styles: Fig. 2 and par. [0021]; noting one is “fixed” within the other).
Regarding claim 9, the combined Thai and Styles disclose that a liquid adding platform (Thai: Fig. 13B, pro9ximate item 121) and several air guide plates are radially provided along a center of the air guide member (Thai: Fig. 13B, items 118; noting at least four are shown; noting several is “more than two”); the liquid adding platform is provided with a liquid inlet and liquid outlet that are communicated (Thai: Fig. 13B, item 121 being the outlet, and noting an inlet via the tube shown in Fig. 13B on the rear makes obvious an inlet; see specifically Thai: Fig. 10, showing this feature), the liquid inlet is connected to an external liquid storage bottle through a conduit (Thai: Figs. 10 and 17, item 132 being the conduit; the Examiner construing “external” to mean that is a separate structure form the bubble blowing device: clearly seen in Fig. 17); the liquid outlet is arranged directly opposite to the bubble blowing turntable and can be connected to any bubble blowing ring of the bubble blowing turntable (Thai: Figs. 13B-15; noting this is obvious and functionally possible given the structure).
Regarding claim 10, it is noted that the combined Thai and Styles do not specifically disclose that there are two liquid outlets in the liquid adding platform, the two liquid outlets are arranged deviate from a middle of the liquid adding platform and are spaced along a radial direction; several liquid storage tanks are provided on the liquid adding platform, and at least one of the liquid storage tanks is connected to the liquid outlet. However, Thai discloses there is one liquid outlet in the liquid adding platform (Fig. 13B, item 121), the one liquid outlet is arranged deviate from a middle of the liquid adding platform (Fig. 13B, item 121; noting the Examiner construes “deviate from a middle” to mean that the outlet is not exactly on the middle portion, see applicant’s spec, par. [0029]; and noting Fig. 13B shows the outlet on a raised square, item 120, which is not inherently in the middle of the platform; either in the up or down direction) and positioned along a radial direction (Fig. 13B; noting this is obvious as it is positioned radially out from shaft 126) one liquid storage tank is provided on the liquid adding platform (Fig. 13B; noting the “tank” can simply be the area within the platform, 125, that holds liquid, see specifically, col. 4, lines 63-67; noting item 125 has “hollow interior”) and at least one of the liquid storage tanks is connected to the liquid outlet (Fig. 13B; item 121 being the outlet, and noting, once again, the “tank” can be the area inside the platform, item 125, that holds the liquid as it is pumped through). It is noted that the combined Thai and Styles do not specifically disclose two liquid outlets, several liquid storage tanks. However, Thai appears to make obvious the use of a plurality of openings (col. 5, lines 1-12; specifically stating “openings”; i.e. plural). In addition, regarding using two liquid outlets and several liquid storage tanks, it has been held that the duplication of parts is not given patentable weight unless a new and unexpected result is produced. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)(see applicant’s spec, par. [0029]; giving no criticality to the use of two liquid outlets and several liquid storage tanks). Thus, it would have been obvious to a person of ordinary skill in the art at the time of filing that using multiple outlets and storage tanks would not produce new and unexpected results: that is, the bubble liquid would be supplied to the bubble rings via the outlet and storage tank regardless of how many of each were used.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Thai (US Pat. No. 10,434,434 B1) in view of Styles (US Pub. No. 2009/0061727 A1) and in further view of Vicentelli (US Pub. No. 2010/0120322 A1).
Regarding claim 8, it is noted that the combined Thai and Styles do not specifically disclose at least one pair of magnetic suction bodies with opposite magnetic attraction are embedded on corresponding side walls of the gear ring and the bubble blowing turntable. However, Styles makes obvious the use of separable parts wherein a bubble ring table releasably fits into the holder (Fig. 2). In addition, Vicentelli discloses a toy wherein one component releasably fits into another (Fig. 45, item 11.3 fits into the crab body) with at least one pair of magnetic suction bodies with opposite magnetic attraction are embedded on corresponding side walls of two objects (Fig. 45; the Examiner construing “suction” to mean “attracting”). Thus, it would have been obvious to a person of ordinary skill in the art at the time of filing to modify the combined Thai and Styles to use at least one pair of magnetic suction bodies with opposite magnetic attraction are embedded on corresponding side walls of the gear ring and the bubble blowing turntable as taught and suggested by Vicentelli because doing so would be combining prior art elements (a bubble ring table and a holder that can be releasably connected, and two components of a toy that can be reliably connected by magnets) according to known methods (using magnetic coupling to further couple two releasably connected parts) to yield predicable results (the continued ability to use a bubble ring releasably connected to a holder; the two components using magnets to assist in and strengthen the connection).
Allowable Subject Matter
Claims 2-6 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. Claim 2 claims the specifics of the connection creating the “replaceable” and “detachable” structure of claim 1 using two magnets; one in the containment chamber, and the other in handheld portion. Claim 6 claims the use of “ripple rings” on the inner wall of the gear, and on the outer wall of the turntable. The Examiner construes the plain meaning of the term “ripple” as “to form small waves or undulations” (as defined by dictionary.com). This interpretation is entirely consistent with applicant’s drawing, Fig. 3, items 611 and 621. These specific structures further define that exact structure that allows the ring gear and the turntable to be releasable and detachably fixed while still working in concert with each other. This specific structure is not found in the prior art, and the prior art does not make obvious this structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW BRIAN STANCZAK whose telephone number is (571)270-7831. The examiner can normally be reached on 8:30-10 and 1-3:30 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached on (571)270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW B STANCZAK/
Examiner, Art Unit 3711
3/2/26