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 .
Claim Objections
Claim 14 is objected to because of the following informalities: In lines 4-5 the limitation “wherein the first primary drive wheel is disposed on a first lateral side of the chassis” should be omitted since it is redundant. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13 and 14 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.
Claims 13 and 14 both disclose that the first motor has a portion on each side of a longitudinal axis of the chassis but the independent claim from which these claims depend discloses that the first motor is disposed on a first lateral side of the chassis relative to the longitudinal axis and as such it is unclear how the motor can both be to one side of the longitudinal axis but also have portions on each side of the longitudinal axis and as such the scope of the claim is unascertainable.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clark Jr. (7980916), Baggott (2510791) and Sauer (2539330). Clark Jr. discloses a rolling suction-generating toy (abstract, Fig. 17) having a chassis (158) with a bottom surface that includes at least one opening (158d), a motorized fan element (150, 152) that is fluidly coupled to the opening for drawing air into the at least one opening for producing a low pressure region (Figs. 18-19), a first forward drive assembly disposed on a first longitudinal half of the chassis defined by a lateral axis that passes through a center of gravity of the toy and a second rearward drive assembly disposed on a second longitudinal half opposite the first half (Fig. 17). The first drive assembly includes a first primary drive wheel (166) rotatably coupled to a first drive motor (164), wherein the first drive wheel and first motor are arranged on a first lateral side of the chassis relative to a longitudinal axis of the chassis that passes through the center of gravity of the toy (Fig. 17). The second drive assembly includes a second primary drive wheel (166) rotatably coupled to a second drive motor (164), wherein the second drive wheel and second motor are arranged on a second lateral side of the chassis opposite the first lateral side relative to the longitudinal axis (Fig. 17). The first and second drive wheels are each positioned to engage a surface for propelling the suction-generating toy along the surface and are longitudinally spaced apart from each other (Figs. 17-19). The first and second drive motors each drive respective first and second output shafts for driving the respective first and second primary wheels through respective gear arrangements (Fig. 17). Clark Jr. discloses the basic inventive concept with the exception of the toy including first and second limb elements and the first and second drive assemblies further including first and second auxiliary wheels with linkages for pivoting the respective limb elements. Baggott discloses a rolling toy with a chassis (10) having a first forward drive assembly and a first pivotal limb assembly (20) positioned on a first lateral half of the chassis relative to a lateral axis of the chassis and a second rearward drive assembly and a second pivotal limb assembly (28) positioned on a second lateral half of the chassis opposite the first (Figs. 1 & 2). The first drive assembly includes a drive wheel (14) and an auxiliary wheel (14) arranged on opposite sides of an output shaft (13) for positioning on respective first and second lateral sides of the chassis relative to a longitudinal axis of the chassis (Fig. 1). The first drive assembly is further configured to pivotally rotate the first limb assembly (20) for movement between first and second rotational positions (Figs. 1 & 3). The second drive assembly includes a drive wheel (23) and an auxiliary wheel (23) arranged on opposite sides of an output shaft (22) for positioning on respective first and second lateral sides of the chassis relative to a longitudinal axis of the chassis (Fig. 1). The second drive assembly is further configured to pivotally rotate the second limb assembly (28) for movement between third and fourth rotational positions (Figs. 1 & 3). Since both Clark Jr. and Baggott disclose rolling toys, it would have been obvious to one of ordinary skill in the art to modify Clark Jr. to include opposing auxiliary wheels to the primary drive wheels of each of the first and second drive assemblies and configure the drive assemblies for pivoting first and second limb elements as taught by Baggott for the predictable result of providing enhanced entertainment value to the toy by creating a more dynamic toy with increased visual interest as it travels over a surface. Sauer discloses a rolling toy (Figs. 1-3) having first (15) and second (18) pivotal limb elements coupled (14, 17) to a chassis (11) and movable between rotational positions by respective wheel and linkage assemblies. A first linkage element (23) has a first end pivotally connected to an eccentric pin portion (26’) of a first auxiliary wheel (22) on a first lateral side of the chassis for movement through a first path of motion in response to rotation of the first auxiliary wheel and a second end coupled to the first limb element (Figs. 1-3). A second linkage element (24) has a first end pivotally connected to an eccentric pin portion (26’) of a second auxiliary wheel (22) on a second lateral side of the chassis for movement through a second path of motion in response to rotation of the second auxiliary wheel and a second end coupled to the second limb element (Figs. 1-3). It would have been obvious to one of ordinary skill in the art to modify the first and second drive assemblies of Clark Jr. and Baggott to have the first and second limb elements actuated by linkages connected between the respective limb elements and auxiliary wheels as taught by Sauer for the predictable result of substituting one movement mechanism for another that achieves the same result of actuating the limb elements to rotate as the toy rolls to provide interesting animation effects in a simplified manner. The combination of references creates a toy wherein the first primary drive wheel and first auxiliary wheel are rotatably coupled to the first motor on opposite sides of the chassis and gear assembly by an output shaft and the second primary drive wheel and second auxiliary wheel are rotatably coupled to the second motor on opposite sides of the chassis and gear assembly by an output shaft such that the first primary drive wheel and the second auxiliary wheel are situated on the same lateral side of the chassis and the second primary drive wheel and the first auxiliary wheel are situated on the same lateral side of the chassis for balancing a weight distribution.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clark Jr., Baggott and Sauer as applied above. The references disclose the basic inventive concept, with the exception of the first motor having a portion on a first side of the longitudinal axis and a portion on a second side of the longitudinal axis. It would have been obvious to one of ordinary skill in the art to position the first motor so as to have a portion on each side of the longitudinal axis since such a modification would have involved a mere rearrangement of parts and a rearrangement of parts has been held to be obvious unless a new or unexpected result is produced. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 10384140, 8371898 and GB2439526A.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711