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 .
Status of Claims
Claims 1-20, filed 5/8/2024, are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/8/2024 was filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because they are presented horizontally instead of the preferred vertical orientation and there appears to be plenty of space to provide the figures in the preferred vertical orientation (37 C.F.R. 1.84(h)-(i)) and some of the drawings appear to be photocopies or screenshots of computer screens which were likely color and therefore in greyscale appear generally fuzzy and unclear and could be made clearer (notably Fig. 2-4). 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 Objections
Claim 4 is objected to because of the following informalities: in line 2, “fluid having in a first color” should likely read “fluid having a first color”. Appropriate correction is required.
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 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.
Claims 1-11 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Solomita US Pub. No. 2006/0019574 in view of Martin US 2024/0058713.
In Reference to Claim 1
Solomita teaches:
A toy set (toy set, Fig. 1-3), comprising:
a container configured to receive a liquid (container 110/208 configured to receive a liquid 112 therein, Fig. 1b, [0023], [0028]-[0029], [0035], [0041]);
a powder material configured to mix with the liquid in the container to produce a toy revealing fluid (additional material, such as antacid powder [0032] may be included in the kit or outer coating of the toy that mixes with the liquid 112 to produce a liquid formed from the initial liquid and the absorbed coating of the toy, which may be sweet, colored, etc. when combined with the initial liquid, [0035]-[0041]); and
a toy configured to be disposed within the container and comprising a coating, wherein the coating is configured to dissolve within the toy revealing fluid (toy 100 has an internal portion 100b that does not dissolve and a dissolvable outer coating 100a, configured to dissolve within the chosen fluid 112, [0022]-[0041], wherein the fluid may be water, vinegar, soda, or other types of liquid that have an inherent thickness or viscosity, [0028], [0032], [0035]-[0041])).
Solomita fails to teach:
The liquid and powder combining to produce a toy revealing fluid that is specifically viscoelastic fluid.
Further, Martin teaches:
A similar toy set (Fig. 1-46), comprising:
a container configured to receive a liquid (container 200 configured to receive a liquid 240/280 therein, [0109]-[0112], [0137]-[0158]);
a powder material configured to mix with the liquid in the container to produce a viscoelastic/slime fluid (fluid additives, such as slime, Fig. 39b, powder, Fig. 39c/e, etc. are added to the container liquid to form a revealing fluid in the container, [0137]-[0158]) ; and
a toy configured to be disposed within the container that interacts with the viscoelastic slime fluid to reveal the toy figurine (the revealing fluid/slime formed by the included ingredients dissolving/cross-linking to produce a creative effect that signifies growing and creating of the final toy figurine 400 within the container, [0137]-[0158]).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita to have formed the toy system to have further included additional additive ingredients, such as slime and powder that may be used and added to the liquid to provide additional creative effects to the liquid in the process of revealing the final toy figure as this is known and common in the art as taught by Martin ([0137]-[0158]). Further, it would have been obvious to one having ordinary skill in the art to have formed the final revealing fluid of specifically viscoelastic fluid material as Solomita and Martin teach similar materials being used in the interactive fluid and that are slime based or other similar fairly viscous materials (of which viscoelastic fluids would be considered similar) and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416). In this case, the prior art teaches the use of numerous interactive liquids/fluids and additive solids that form a new, usually thicker, final revealing fluid in the same manner as the claimed invention and both Solomita ([0022], [0028], [0038],-[0042]) and Martin teach that other similar materials (slime, [00137]-[0138]) may be used and therefore one having ordinary skill in the art would have found the exact material selection (viscoelastic fluid) used to be a matter of obvious design choice.
In Reference to Claim 2
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the powder material is configured to mix with the liquid to produce the viscoelastic fluid having a first color (the additive powder of Solomita and/or Martin may be included in the kit that mixes with the liquid 112 to produce a liquid formed from the initial liquid having a first color formed between the liquid and the powder, which may be generally clear as taught by Solomita or opaque as taught by Martin), and the coating is configured to dissolve within the viscoelastic fluid and change the viscoelastic fluid to a second color, the second color being different from the first color (the coating of the toy (Solomita 100a) may further include food coloring ([0032], [0041]) which inherently mixes with the first combined fluid as described above, and which may be sweet, colored, etc. when combined with the first fluid forms a second inherently different composition and color if food coloring or other colored additives are used (Solomita [0035]-[0041], Martin: the numerous additives, such as slime, Fig. 39b, powder, Fig. 39c/e, etc. are added to the container liquid to form a bubbling second revealing fluid in the container having different effects, colors, etc. than the first opaque liquid 240, [0137]-[0158])).
Further, it would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita and Martin to have formed the liquids, fluids, coatings, and additives in different colors or that form new colors when combined as a different color in different states of playing with the toy kit to provide additional creative effects to the liquid (such as changing of color) in the process of revealing the final toy figure as this is known and common in the art as taught by Martin ([0137]-[0158]) and as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states (or any additional state) for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect (aesthetic effects during each stage of using the kit to symbolize different parts of the process playing out) and therefore the aesthetic changes (colors) are merely aesthetic design changes obvious to one having ordinary skill in the art and one having ordinary skill in the art would find this change obvious based on the teachings of the prior art and general knowledge of the art.
In Reference to Claim 3
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the coating is configured to dissolve within the liquid to produce a fluid solution, and the powder material is configured to mix with the fluid solution to produce the viscoelastic fluid (the coating 110a dissolves into the liquid 112 of Solomita with the additives of Martin, such as the discussed powder and/or slime, to form the viscoelastic fluid as discussed above).
In Reference to Claim 4
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the powder material is configured to mix with the liquid to produce the viscoelastic fluid having in a first color (the additive powder of Solomita and/or Martin may be included in the kit that mixes with the liquid 112 to produce a liquid formed from the initial liquid having a first color formed between the liquid and the powder, which may be generally clear as taught by Solomita or opaque as taught by Martin), and the coating is configured to dissolve within the liquid to provide a fluid solution of a second color, the second color being different from the first color (the coating of the toy (Solomita 100a) may further include food coloring ([0032], [0041]) which inherently mixes with the first combined fluid as described above, and which may be sweet, colored, etc. when combined with the first fluid forms a second inherently different composition and color if food coloring or other colored additives are used (Solomita [0035]-[0041], Martin: the numerous additives, such as slime, Fig. 39b, powder, Fig. 39c/e, etc. are added to the container liquid to form a bubbling second revealing fluid in the container having different effects, colors, etc. than the first opaque liquid 240, [0137]-[0158])).
Further, it would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita and Martin to have formed the liquids, fluids, coatings, and additives in different colors or that form new colors when combined as a different color in different states of playing with the toy kit to provide additional creative effects to the liquid (such as changing of color) in the process of revealing the final toy figure as this is known and common in the art as taught by Martin ([0137]-[0158]) and as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states (or any additional state) for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect (aesthetic effects during each stage of using the kit to symbolize different parts of the process playing out) and therefore the aesthetic changes (colors) are merely aesthetic design changes obvious to one having ordinary skill in the art and one having ordinary skill in the art would find this change obvious based on the teachings of the prior art and general knowledge of the art.
In Reference to Claim 5
Solomita as modified by Martin teaches:
The toy set of claim 4, wherein the fluid solution is configured to mix with the powder material and/or viscoelastic fluid and change the viscoelastic fluid to a third color, the third color being a mixture of the first color and the second color (the total combined viscoelastic fluid would have a third color different from the first and second colors as mixing all of the ingredients together adds the respective color mixed from each additive and therefore creates a new third color formed of the combination of the additives, coatings, and fluids use to form the final fluid as discussed above).
In Reference to Claim 6
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the powder material is configured to cross-link with the liquid to provide the viscoelastic fluid (the powder materials used as additives in both Solomita and Martin combine with the initial liquid to form the final thicker viscoelastic revealing fluid as discussed above).
In Reference to Claim 7
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the toy comprises a base layer, and the coating covers the base layer such that dissolving the coating exposes the base layer (Solomita: coating 100a dissolves in the liquid 112 and base layer 100b does not dissolve in the liquid, [0022]-[0041], Fig. 1a-c).
In Reference to Claim 8
Solomita as modified by Martin teaches:
The toy set of claim 7, wherein the coating is liquid-soluble, and the base layer is not liquid-soluble (Solomita: coating 100a dissolves in the liquid 112 and base layer 100b does not dissolve in the liquid, [0022]-[0041], Fig. 1a-c).
In Reference to Claim 9
Solomita as modified by Martin teaches:
The toy set of claim 7, wherein the viscoelastic fluid is of a first color, and the base layer comprises a second color, different from the first color (Solomita: coating 100a dissolves in the liquid 112 and may have a color different from the fluid, [0022]-[0041], Fig. 1a-c).
Further, it would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita and Martin to have formed the liquids, fluids, coatings, and additives in different colors or that form new colors when combined as a different color in different states of playing with the toy kit to provide additional creative effects to the liquid (such as changing of color) in the process of revealing the final toy figure as this is known and common in the art as taught by Martin ([0137]-[0158]) and as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states (or any additional state) for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect (aesthetic effects during each stage of using the kit to symbolize different parts of the process playing out) and therefore the aesthetic changes (colors) are merely aesthetic design changes obvious to one having ordinary skill in the art and one having ordinary skill in the art would find this change obvious based on the teachings of the prior art and general knowledge of the art.
In Reference to Claim 10
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the container comprises: a body defining an interior configured to receive the powder material and the toy (Solomita: Fig. 1-2 shows container 110 having an interior wherein the liquid(s), additive(s), and toy are placed therein: Martin: container 200 is used in the same manner); and a cap configured to couple to the body to cover the interior, wherein the cap is configured to detach from the body to expose the interior for removal of the toy from the interior (the powder (or any other additives) may be included in the kit in its own sealed container (Martin: Fig. 39c/e), wherein the powder container is capable of being placed within the container initially, removed from the container and/or having the additives added to the container by removing a cap 210 of the container 200 as shown by Martin, Fig. 1, 6, 9, 39a-e).
It would have been obvious to one having ordinary skill in the art to have formed the container of Solomita to have further included a cap member in order to allow the container to be opened and closed during use as is known and common in the art and as taught by Martin ([0100], [0143]-[0146]).
In Reference to Claim 11
Solomita as modified by Martin teaches:
The toy set of claim 10, wherein the powder material is configured to be disposed within sealed packaging stored within the interior of the container, the sealed packaging being removable from the interior upon detachment of the cap from the body (the powder (or any other additives)may be included in the kit in its own sealed container (Martin: Fig. 39c/e), wherein the powder container is capable of being placed within the container initially, removed from the container by removing a cap 210 of the container 200 as shown by Martin, Fig. 1, 6, 9, 39a-e).
In Reference to Claim 13
Solomita teaches:
A toy set (toy set, Fig. 1-3), comprising:
a toy comprising a liquid-soluble coating configured to dissolve within a liquid to provide a fluid solution of a first color (toy 100 has an internal portion 100b that does not dissolve and a dissolvable outer coating 100a, configured to dissolve within the chosen liquid 112, [0022]-[0041], wherein the fluid may be water, vinegar, soda, or other types of liquid that have an inherent thickness or viscosity and color (ex. water is generally clear as the first color), [0028], [0032], [0035]-[0041])); and
a powder material configured to cross-link upon contact with the fluid solution to provide a revealing fluid of a second color, different from the first color (additional material, such as antacid powder [0032] may be included in the kit or outer coating of the toy that mixes with the liquid 112 to produce a liquid formed from the initial liquid and the absorbed coating of the toy, and may further include food coloring ([0032], [0041]) which may be sweet, colored, etc. when combined with the initial liquid form a second inherently different composition and color if food coloring or other colored additives are used, [0035]-[0041]).
Solomita fails to teach:
The liquid and powder combining to produce a toy revealing fluid that is specifically viscoelastic fluid.
Further, Martin teaches:
A similar toy set (Fig. 1-46), comprising:
a container configured to receive a liquid (container 200 configured to receive a liquid 240/280 therein, [0109]-[0112], [0137]-[0158]);
a toy and a liquid-soluble additive configured to dissolve within a liquid to provide a fluid solution of a first color (toy 400 and first opaque liquid 240 are placed within the container, [0137]-[0158]); and
a powder material configured to cross-link upon contact with the fluid solution to provide a revealing fluid of a second color, different from the first color (numerous additives, such as slime, Fig. 39b, powder, Fig. 39c/e, etc. are added to the container liquid to form a bubbling second revealing fluid in the container having different effects, colors, etc. than the first opaque liquid 240, [0137]-[0158]).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita to have formed the toy system to have further included additional additive ingredients, such as slime and powder that may be used and added to the liquid to provide additional creative effects to the liquid (such as changing of color) in the process of revealing the final toy figure as this is known and common in the art as taught by Martin ([0137]-[0158]). Further, it would have been obvious to one having ordinary skill in the art to have formed the final revealing fluid of specifically viscoelastic fluid material as Solomita and Martin teach similar materials being used in the interactive fluid and that are slime based or other similar fairly viscous materials (of which viscoelastic fluids would be considered similar) and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416). In this case, the prior art teaches the use of numerous interactive liquids/fluids and additive solids that form a new, usually thicker, final revealing fluid in the same manner as the claimed invention and both Solomita ([0022], [0028], [0038],-[0042]) and Martin teach that other similar materials (slime, [00137]-[0138]) may be used and therefore one having ordinary skill in the art would have found the exact material selection (viscoelastic fluid of a second color) used to be a matter of obvious design choice. Further, it would have been obvious to one having ordinary skill in the art to have formed the liquid/fluid as a different color in different states as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect and therefore the aesthetic changes are merely aesthetic design changes obvious to one having ordinary skill in the art.
In Reference to Claim 14
Solomita as modified by Martin teaches:
The toy set of claim 13, wherein the powder material is of a third color, different from the first color and the second color, and the second color of the viscoelastic fluid comprises a mixture of the first color of the fluid solution and the third color of the powder material (the color of the powder additive and combined fluid and/or coating is inherently a mixture of the powder, coating color, and the fluid color, which would be different as they are formed of different colors and therefore combined would form a different, third color).
Further, it would have been obvious to one having ordinary skill in the art to have formed the liquid/fluid/coating/toy body as different colors in different states as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect and therefore the aesthetic changes are merely aesthetic design changes obvious to one having ordinary skill in the art.
In Reference to Claim 15
Solomita as modified by Martin teaches:
The toy set of claim 13, wherein the liquid-soluble coating comprises the first color (Solomita: the coating 100a of the toy may comprise a first color, [0024]-[0025], [0028], [0032] states food coloring may be included in the coating that changes the color of the liquid when dissolved, [0037-[0041]).
In Reference to Claim 16
Solomita as modified by Martin teaches:
The toy set of claim 13, comprising a container configured to receive the toy and the powder material (Solomita: Fig. 1-2 shows container 110 having an interior wherein the liquid(s), additive(s), and toy are placed therein: Martin: container 200 is used in the same manner), wherein the container comprises: a body defining an interior configured to receive the toy and the powder material; and a cap configured to removably couple to the body, wherein the container is configured to transition between an open configuration in which the cap is detached from the body and a closed configuration in which the cap is coupled to the body (the powder (or any other additives) may be included in the kit in its own sealed container (Martin: Fig. 39c/e), wherein the powder container is capable of being placed within the container initially, removed from the container and/or having the additives added to the container by removing a cap 210 of the container 200 as shown by Martin, Fig. 1, 6, 9, 39a-e).
It would have been obvious to one having ordinary skill in the art to have formed the container of Solomita to have further included a cap member in order to allow the container to be selectively opened and closed during use as is known and common in the art and as taught by Martin ([0100], [0143]-[0146]).
In Reference to Claim 17
Solomita as modified by Martin teaches:
The toy set of claim 16, wherein the cap is configured to receive an amount of the liquid that sufficiently dissolves the liquid-soluble coating to provide the fluid solution for cross-linking the powder material (the cap of Martin is capable of receiving an amount of liquid that dissolves the coating into the container liquid and powder to form the final revealing fluid).
In Reference to Claim 18
Solomita teaches:
A toy set (toy set, Fig. 1-3), comprising:
a powder material configured to cross-link upon contact with a liquid to provide a viscoelastic fluid of a first color (additional material, such as antacid powder [0032] may be included in the kit or outer coating of the toy that mixes with the liquid 112 to produce a liquid formed from the initial liquid and the absorbed coating of the toy, and may further include food coloring ([0032], [0041]) which may be sweet, colored, etc. when combined with the initial liquid form a first different composition and color if food coloring or other colored additives are used, [0035]-[0041]); and
a toy comprising a liquid-soluble coating configured to dissolve upon contact with the viscoelastic fluid (toy 100 has an internal portion 100b that does not dissolve and a dissolvable outer coating 100a, configured to dissolve within the chosen liquid 112, [0022]-[0041], wherein the fluid may be water, vinegar, soda, or other types of liquid that have an inherent thickness or viscosity and color (ex. water is generally clear as the first color), [0028], [0032], [0035]-[0041])),
wherein dissolving the liquid-soluble coating within the viscoelastic fluid changes the first color of the viscoelastic fluid to a second color, different from the first color (the coating of the toy 100a may be colored and dissolves into the liquid, [0032], [0035]-[0041])).
Solomita fails to teach:
The liquid and powder combining to produce a toy revealing fluid that is specifically viscoelastic fluid of a first color and the coating combining with the viscoelastic fluid to form a second different color.
Further, Martin teaches:
A similar toy set (Fig. 1-46), comprising:
a container configured to receive a liquid (container 200 configured to receive a liquid 240/280 therein, [0109]-[0112], [0137]-[0158]);
a powder material configured to cross-link upon contact with the fluid solution to provide a revealing fluid of a second color, different from the first color (numerous additives, such as slime, Fig. 39b, powder, Fig. 39c/e, etc. are added to the container liquid to form a bubbling second revealing fluid in the container having different effects, colors, etc. than the first opaque liquid 240, [0137]-[0158]); and
a toy and a liquid-soluble additive configured to dissolve within a liquid to provide a fluid solution of a first color (toy 400 and first opaque liquid 240 are placed within the container, [0137]-[0158]
It would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita to have formed the toy system to have further included additional additive ingredients, such as slime and powder that may be used and added to the liquid to provide additional creative effects to the liquid (such as changing of color) in the process of revealing the final toy figure as this is known and common in the art as taught by Martin ([0137]-[0158]). Further, it would have been obvious to one having ordinary skill in the art to have formed the final revealing fluid of specifically viscoelastic fluid material as Solomita and Martin teach similar materials being used in the interactive fluid and that are slime based or other similar fairly viscous materials (of which viscoelastic fluids would be considered similar) and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416). In this case, the prior art teaches the use of numerous interactive liquids/fluids and additive solids that form a new, usually thicker, final revealing fluid in the same manner as the claimed invention and both Solomita ([0022], [0028], [0038],-[0042]) and Martin teach that other similar materials (slime, [00137]-[0138]) may be used and therefore one having ordinary skill in the art would have found the exact material selection (viscoelastic fluid of a second color) used to be a matter of obvious design choice. Further, it would have been obvious to one having ordinary skill in the art to have formed the liquid/fluid as a different color in different states as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect and therefore the aesthetic changes are merely aesthetic design changes obvious to one having ordinary skill in the art.
In Reference to Claim 19
Solomita as modified by Martin teaches:
The toy set of claim 18, wherein the liquid-soluble coating comprises a third color, different from the first color and the second color, and the second color comprises a mixture of the first color and the third color (the second color of the combined fluid and coating is inherently a mixture of the coating color and the fluid color, which would be different as they are formed of different colors and therefore combined would form a different, third color).
Further, it would have been obvious to one having ordinary skill in the art to have formed the liquid/fluid/coating/toy body as different colors in different states as Solomita and Martin both teach changing the appearance of the liquid/fluid during use between first and second states for providing an additional effect to the toy revealing/changing process as it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this case, the prior art teaches the same effect and therefore the aesthetic changes are merely aesthetic design changes obvious to one having ordinary skill in the art.
In Reference to Claim 20
Solomita as modified by Martin teaches:
The toy set of claim 18, wherein dissolving the liquid-soluble coating changes a third color of the toy to a fourth color, different from the third color (dissolving the coating reveals the skeleton/body of the toy 100b, which may be a different fourth color as taught by Solomita, [0022]-[0041]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Solomita and Renger as applied to claim 1 above, and further in view of Renger US Pat. No. 4,738,647.
In Reference to Claim 12
Solomita as modified by Martin teaches:
The toy set of claim 1, wherein the container comprises an amount of the liquid to be added to the container to sufficiently mix with the powder material to produce the viscoelastic fluid and dissolve the coating (the kit of Martin includes predetermined and measured ingredients used in mixing into the container and liquid, Fig. 39a-e).
Solomita fails to teach:
The container comprises an indicia indicating an amount of the liquid to be added to the container to sufficiently mix with the powder material to produce the viscoelastic fluid and dissolve the coating.
Further, Renger teaches:
A similar kit having measuring receptacles with set volumes (equivalent to indicia indicating volumes/amounts) usable with the kit components to instruct a user of how much material to use to form the dissolvable liquid (volumes 84 of measuring receptacles 82, Fig. 1-6, Col. 4 lines 17-31, and measuring lines 80 are formed on the container to indicate the amount of liquid to be used with the powder 112, Col. 4 lines 46-66).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Solomita to have further included indicia on the container to have informed the user of an appropriate amount of an ingredient to be added to produce the final fluid and dissolve the coating and to have included markings on the container for indicating appropriate liquid volume to be used as using measuring equipment and indicia/markings to inform a user of an amount of an ingredient to use in a kit is known and common in the art as taught by Renger (Col. 4 lines 32-68).
Brief Discussion of Other Prior Art References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the references cited page for publications that are noted for containing similar subject matter as the applicant. For example, Sunwoo (12,186,944), Lindberg (12,090,418), O’Brien (11,607,621), Laurienzo (2007/0015437), Shakespeare (5447584), and Dorfman (5,273,476, 5,133,683) teach similar toy sets with dissolvable or changeable features interactive with liquids or other similar means.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
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