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 2 is objected to because of the following informalities: In line 8 after “the magnet” the phrase “or a magnet” should be omitted for clarity. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: In line 2 the phrase “the air supply mechanism comprises a fan” 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 10 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.
Claim 10 discloses the limitation of a floating block installed in the flow guide cavity so as to be “staggered with the multiple air outlets” which is unclear since it is unknown how a single element can be staggered relative to multiple elements and as such the scope of the claim is unclear. For the purposes of examination, the claim will be interpreted as the floating block being installed in the flow guide cavity so as to be offset from the multiple air outlets.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN209490484U) and Lin (2023/0233956). Wang discloses a bubble blowing toy having an air supply mechanism (Fig. 5) with an air exhaust port (23) and a fan (25) for guiding external air flow to blow out from the air exhaust port, a tray (5) defining a liquid-carrying cavity for holding a foam liquid with a bubble outlet (8) connected to the outside (Fig. 1), a bubble-making device having a bubble-making head (6) defining an enclosed flow guide cavity with a plurality of circumferentially arrayed air outlets (64) in communication with the cavity located in the tray (Fig. 1) and a telescopic air guide mechanism having a ventilation tube (61) connecting the bubble-making head to the air exhaust port (Fig. 1) to allow the bubble-making head to adapt to varying liquid levels. The bubble-blowing toy includes a housing (2) connected to the tray (5), wherein the housing includes a base plate (10), a partition (Fig. 2) and an outer shell (7) wherein the partition and outer shell are installed on an upper side of the base plate to define an accommodation cavity enclosed by the partition, outer shell and base plate and in which the air supply mechanism is installed (Figs. 1 & 2) and a lower side of the base plate is located outside the accommodation cavity to which the tray is attached (Fig. 2). The bubble-making device is movably installed on the partition due to the telescopic air guide mechanism (Fig. 2). A power supply cavity (4) is provided on the base plate that houses a battery (Figs. 2-3). The partition includes a through hole created by an end of the air exhaust port having a connector for engaging a clamping slot on a sidewall of the ventilation tube to prevent the ventilation tube from detaching from the partition (Figs. 2, 4 & 6). The base plate is provided with an air channel within the accommodation cavity (2) wherein a side wall of the air channel is provided with an air inlet (12) connected to the outside (Fig. 3) such that the fan is installed on the base plate with an air intake end of the fan connected to the air channel and the air exhaust port connected to the ventilation tube (Figs. 2, 4 & 5). Wang discloses the basic inventive concept with the exception of the bubble-making head having an auxiliary floating assembly and the tray being removably coupled to the housing. Lin discloses a foam bubble making device having a housing (104, 106) with a first connecting piece (140) removably coupled to a tray (102) by means a second connecting piece (142) for corresponding with the first (paragraph 17, Fig. 2), wherein the tray is configured for housing a fluid such that a bubble making device having an auxiliary floating assembly connected thereto (206) allows the bubble-making device to adapt to varying liquid levels in the tray by maintaining an air outlet of the bubble-making device so as to be in contact with the liquid (Figs. 3 & 4). It would have been obvious to one of ordinary skill in the art from the teaching of Lin to make the tray removable from the housing since making parts separable has been held to be an obvious modification. See In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). It also would have been obvious to one of ordinary skill in the art to have the bubble making device include an auxiliary floating assembly for the predictable result of providing enhanced functionality and utility by enabling the positioning of the bubble-making device to vary based on the amount of fluid in the tray for providing enhanced and more efficient operation (paragraph 21).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Lin as applied above and further in view of Lui (6752679). Wang and Lin disclose the basic inventive concept, with the exception of the first and second connectors including a magnet and metal, respectively. Lui discloses a magnetic connector (column 2 lines 35-55) for connecting two detachable elements of a housing (Figs. 1, 2 & 4) that utilizes a magnet (30) connected to a metal member (34). It would have been obvious to one of ordinary skill in the art to modify the first and second connecting pieces of Wang and Lin to include magnetic pieces as taught by Lui for the predictable result of using known elements to achieve a detachable but secure connection between elements.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Lin and Lui as applied above and further in view of Hornsby (2002/0061697). Wang, Lin and Lui disclose the basic inventive concept with the exception of including a control panel and a light-emitting part. Hornsby discloses a bubble-blowing toy (Fig. 3) having a housing with a control panel (66) in an accommodation cavity that is electrically connected to an air supply mechanism (32), a battery (64) and a light-emitting part (18) installed on an outer shell and arranged to correspond with a bubble outlet (46) of the toy (paragraphs 31-36). It would have been obvious to one of ordinary skill in the art to modify Wang, Lin and Lui to include a control panel and light emitting part for the predictable result of creating increased visual appeal during operation of the toy.
Claim(s) 6-7, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Lin and Lui as provided above for claim 3 and further in view of Chulia (CN109331478A). Wang, Lin and Lui disclose the basic inventive concept with the exception of the telescoping air guide mechanism having a movable cylinder sleeved on the ventilation tube and the bubble-making head slidably sleeved on the movable cylinder. Chulia discloses a telescoping water toy mechanism having a tube (5), a movable cylinder (3) sleeved on the tube and an end (2) sleeved on the movable cylinder to allow the components to slide along each other to change the length of the telescoping mechanism (Figs. 1-3). Although Chulia does not disclose an air guide mechanism for a bubble-blowing toy, it does teach a configuration for a telescoping mechanism and as such it would have been obvious to configure the telescopic guide of Wang, Lin and Lui to include three parts that are telescopically engaged for the predictable result of changing the length of the mechanism in a known manner.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Lin and Lui. The references disclose the basic inventive concept with the exception of disclosing that the air guide mechanism tube is flexible. It would have been obvious to one of ordinary skill in the art to use a flexible material for the tube since using known materials suitable for the intended use has been held to be obvious. See In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang, Lin, Lui and Chulia as applied for claim 6 above and further in view of Long (CN217786623U). Wang, Lin, Lui and Chulia disclose the basic inventive concept with the exception of the auxiliary floating assembly including a support frame with a floating ball. Long discloses an object that is configured to float by means of an auxiliary floating assembly (3) attached to the object by a support frame (302) with two floating balls (304) symmetrically installed on both sides of the support frame (Fig. 1). Although Long does not disclose a bubble-blowing toy, it does teach a configuration for an auxiliary floating assembly and as such it would have been obvious to one of ordinary skill in the art to configure the auxiliary floating assembly of Wang and Lin as taught by Long for the predictable result of configuring an assembly for floating an object in liquid in a stable and consistent manner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12569779. Although the claims at issue are not identical, they are not patentably distinct from each other because both the patent and application disclose a bubble-blowing toy with an air supply mechanism with an air exhaust port and fan, a tray with a bubble outlet, a bubble-making device with a bubble-making head with air outlet, an air guide mechanism in the form of a tube configured to vary a height of the bubble-making head, an auxiliary floating assembly connected to the bubble-making head to define a flow guide cavity and including at least a frame and a floating ball, a housing with base plate, partition defining an accommodation cavity and an outer shell, a control panel, a battery installed in a power supply cavity, a light-emitting part and a floating block.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See CN212187813U.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711