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 .
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by China patent 215505465.
China patent 215505465 (description, paragraphs 22-24, and figures 1-7) discloses a spinning top launcher, comprising a spinning top accelerator and a spinning top body 2 movably connected thereto. The spinning top accelerator comprises a housing as well as a driving device, a clamping assembly for movably clamping the spinning top 2, and a thrust assembly for thrusting the spinning top 2, which are arranged inside the housing, wherein the driving device comprises a driver box and an acceleration gear set rotatably arranged in the driver box, and a gravity block, which is connected to a long rack, is slidably provided on the driver box and is in transmission connection with the acceleration gear set by means of the long rack; the clamping assembly is in transmission connection with the acceleration gear set, and when the gravity block is swung to slide in a reciprocating manner on the driver box, the gravity block drives the acceleration gear set to rotate so as to drive the clamping assembly to rotate; and the housing is provided with an opening at one side thereof, and at least part of the acceleration gear set extends out of the opening of the housing; the gravity block is provided with a long rack at one side thereof, and the long rack is in fit and transmission connection with the part of the acceleration gear set extending out of the opening of the housing; the acceleration gear set comprises a drive gear 33, a clutch gear 34 and a driving gear 35; the driver box is provided with an arc-shaped sliding recess 30, and the drive gear and the driving gear are respectively rotatably arranged in the housing; the drive gear meshes with the clutch gear, and the clutch gear is slidably arranged in the arc-shaped sliding recess; when the clutch gear slides to one end of the sliding recess, the clutch gear meshes with the driving gear; and when the clutch gear slides to other positions of the sliding recess, the clutch gear is not in contact with the driving gear, and at least part of the drive gear extends out of the opening.
Claims 4-10 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.
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/JOHN A RICCI/Primary Examiner, Art Unit 3711