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 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.
Claim 4 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.
Regarding claim 4, lines 1-2 and lines 3, “the decorative component” is indefinite. It is unclear which decorative component is being referenced since claim 3 introduces a decorative component of the locomotive and a decorative component of each of the cars. Clarification is required.
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 1-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over deAO TOYS (using attached Figures and video screenshots annotated by Examiner) in view of Atsuzawa et al. (US 2018/0085677 A1).
Regarding claim 1, deAO TOYS discloses a train set structure (Figure 3), comprising: a plurality of track segments [A] (see Figures attached to deAO TOYS and annotated by Examiner for all reference letters), with a through hole [B] and two engaging slots [C] disposed at an end of each of the track segments [A], an engaging element [D] and two engaging bars [E] disposed at another end of each of the track segments [A], allowing the engaging element [D] of each of the track segments [A] to engage with the through hole [B] of an adjacent track segment [A], the engaging bars [E] of each of the track segments [A] to engage with the engaging slots [C] of an adjacent track segment [A], so as for the track segments [A] to be connected and separated (see Figures 4-5); a locomotive [F] comprising a driving unit [G], a sprayer [H], a switch [I] and a luminous body [J], the driving unit [G] having driving rollers (see locomotive [F] wheels) abutting against the track segments [A] to drive the locomotive [F], and electrically connected to a control circuit and a battery module [K], the battery module [K] supplying power, the switch [I] being electrically connected to a music generator (see music notes [L] in Figure 3; also see page 5: “sound functions”) and adapted to start or stop music, and the luminous body [J] being disposed on a front of the locomotive [F]; and a plurality of cars [M] each having a plurality of wheels (see car [M] wheels) disposed on the track segments [A], with a connection hole component [N] disposed at an end of each of the cars [M], a connection hook [O] disposed at another end of each of the cars [M], wherein the connection hook [O] of each of the cars [M] is removably engaged with the connection hole component [N] of an adjacent one of the cars [M] to connect and separate the cars [M], and the connection hook [O] of one of the cars [M] is engaged with a hole element [P] disposed at a rear end of the locomotive [F] (pages 1-6 and Figures 1-5 annotated by Examiner). deAO TOYS does not disclose a liquid input hole or a vibrator. Atsuzawa, however, teaches a similar train set structure (Figure 1), comprising: a battery module, [E] a sprayer [102], a liquid input hole [103], the sprayer [102] containing a liquid (water), with a vibrator [114] disposed at a bottom of the sprayer [102], adapted to vibrate the liquid to produce aerosols, the battery module [E] supplying power to the vibrator [114], the liquid input hole [103] having a liquid delivery duct [113] in communication with the sprayer [102] and thus enabling the sprayer [102] to be replenished (paragraphs 0089-0094, 0101-0103, 0116, and Figures 1-8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure deAO TOYS train set to include a liquid input hole communicated with a vibrator of the sprayer because Atsuzawa teaches that this configuration is widely employed to perform smoke effects for steam locomotive toys (paragraph 0003).
Regarding claim 2, the modified deAO TOYS discloses the train set structure of claim 1, wherein the track segments [A] are selectively made of a resilient material (plastic) to have resilient deformation allowance to not only allow the engaging element [D] to be engaged with and coupled to the through hole [B] but also allow the engaging bars [E] to be engaged with and coupled to the engaging slots [C] (see Figures 2-5 annotated by Examiner).
Regarding claim 3, the modified deAO TOYS discloses the train set structure of claim 1, wherein the locomotive [F] has a decorative component (see “CLASSICAL TRAIN SET” and locomotive windows in Figures 1-2 annotated by Examiner, and each of the cars [M] has a decorative component (see “TRAIN,” “EXPRESS” and car windows in Figures 2-3 annotated by Examiner).
Regarding claim 6, the modified deAO TOYS discloses the train set structure of claim 1, wherein the connection hook [O] is pivotally repositionable (see Figures 2-3 annotated by Examiner; wherein hooks [O] pivot as train navigates the track).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over deAO TOYS in view of Atsuzawa as applied to claim 3 above, and further in view of Quinby (US 2,540,216).
Regarding claim 4, the modified deAO TOYS does not disclose a transmission unit. Quinby, however, teaches a similar train set structure (Figure) having a car [2] with wheels [7] and a decorative component [6, 9, 10], wherein a transmission unit [8] is disposed between the decorative component [6, 9, 10] and the wheels [7] and adapted to convert rotation of the wheels [7] into rotation of the decorative component [6, 9, 10] (col. 1 lines 25-32, col. 1 line 45 – col. 2 line 3, and Figure). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the modified deAO TOYS to include a transmission unit which converts rotation of the wheels into rotation of a decorative component because Quinby teaches that this configuration provides novelty and comedy of the train car (col. 1 lines 45-51).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over deAO TOYS in view of Atsuzawa as applied to claim 1 above, and further in view of “Unleash The Ultimate Steam Train Experience With Realistic Smoke Effects!” uploaded on YouTube on 25 January 2024 (https://www.youtube.com/watch?v=XQet6-5qCXU, using screenshots annotated by Examiner; hereinafter Unleash).
Regarding claim 5, the modified deAO TOYS does not disclose the sprayer being connected to a cover removably concealing the liquid input hole. Unleash, however, teaches a similar train set structure comprising: a sprayer [X] and a liquid input hole [Y], wherein the sprayer [X] is connected to a cover [Z], and the cover [Z] removably conceals the liquid input hole [Y] (see screenshots annotated by Examiner). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the modified deAO TOYS to include a cover removably concealing the liquid input hole because Unleash shows that this configuration preserves the aesthetic of a real locomotive (see screenshot at 3:26).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over deAO TOYS in view of Atsuzawa as applied to claim 1 above, in view of LED Interior Lighting Kit, further in view of Alvarez (US 2005/0255721).
Regarding claim 7, the modified deAO TOYS does not disclose the cars being made of a transparent material and having a light-emitting unit therein. LED Interior Lighting Kit, however, teaches a similar train set structure comprising cars (see car in Figure), wherein the cars are made of a transparent material (see windows in Figure) and each have therein a light-emitting unit (“interior lights that illuminate the interior of the train”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the modified deAO TOYS cars to include interior light-emitting units and transparent windows because LED Interior Lighting Kit teaches that this configuration provides joy and excitement by reproducing night views. The modified deAO TOYS does not disclose the connection hole, connection hook, and hole element being made of a metallic, electrically-conductive material. Alvarez, however, teaches a similar train set structure comprising: a locomotive [112]( see paragraph 0011; wherein the locomotive can have the resilient conductive contact, such that locomotive will be cited with reference number [112] and train car will be cited with reference number [110] for clarity) having a hole element [116b] disposed at a rear end and a plurality of cars [110] each having a connection hole component (see [116b]) at one end and a connection hook [103b] disposed at another end, and a light-emitting unit (paragraph 0014: “lights” or “lighting circuit”), whereas the connection hole (see [116b]) component, the connection hook [103b] and the hole element [116b] are made of a metallic, electrically-conductive material and thus can be electrically in contact with each other, with the connection hook [103b] electrically connected to the light-emitting unit (paragraph 0014: “lights” or “lighting circuit”), and the hole element [116b] electrically connected to a power supply unit of the locomotive [112] (paragraphs 0011, 0014, 0031-0035, 0037, 0050-0051, and Figures 1A-4 and 11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the connection hole, connection hook, and hole element of the modified deAO TOYS to be made of a metallic, electrically-conductive material because Alvarez teaches that this configuration maintains the locomotive and cars in an electrically connected state to conveniently and reliably establish electrical connections for lighting or sound without the need for hardwire connections (paragraphs 0006, 0010, and 0014).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Gerstner (US D846,658 S), Kovach, II et al. (US 2015/0102178 A1), and Dunkelberger (US 2,585,754) which all disclose a similar train set structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at (571)272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711