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 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, 2, 9, 11, 16, & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama 5,037,345 in view of Al-Saleh 9,427,054.
Nakayama Shows a toy animal in which objects 60 which represent food are inserted into the mouth of the animal. The objects pass through and can be removed from the animal and reused. Nakayama does not disclose that the size of the animal increases in response to inserting toy food. A toy animal that expands to simulate growth would increase the play value of the toy. For example, Al-Saleh shows a toy animal into which objects C are inserted, and the size of the animal increases in proportion to the number of objects inserted. This expansion system would be an obvious addition to the toy of Nakayama, to suggest growth in response to food inserted.
With regard to claim 2, the toys of Nakayama and Al-Saleh include electrical and mechanical components powered by a battery.
With regard to claims 9 and 11, Nakayama includes a sensor to detect insertion of the simulated food, and a speaker for appropriate sound effects.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama in view of Al-Saleh as applied to claim 2 above, and further in view of McGrath et al 7,115,014.
The toy of Nakayama does not appear to have walking ability. A walking toy would increase the play value. For example, McGrath shows that a toy with walking limbs, operated by a remote control. This walking ability with remote control would be an obvious addition to the toy of Nakayama.
Claim(s) 10, & 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama in view of Al-Saleh as applied to claims 1, 2, 9, 11, 16, & 18 above, and further in view of Ponomarev et al 9,814,993.
The toy of Nakayama does not appear to include a system to track interactions and changes to the toy, and transmit the information to a remote location. The ability to track and display changes would increase the play value. For example, Ponomarev shows that a toy may collect information onto a non-transitory computer readable medium, with software to store characteristics of the toy, and transmit the information to a remote location, including social media. This storage and transmission function would be an obvious addition to the toy of Nakayama.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama 5,037,345 in view of Al-Saleh 9,427,054 as applied to claim 11, above, and further in view of Sapkus et al 4,246,722.
The toy of Nakayama and Al-Saleh shows a growth mechanism, operated by electric power. It may be desired to activate the mechanism without electric power, for example if the battery runs out. For example, Sapkus shows that a doll may exhibit growth, with a manual actuator 31. This manual mechanism would be an obvious addition to the doll of Nakayama and Al-Saleh.
Claim(s) 23, 27, & 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama 5,037,345 in view of Al-Saleh 9,427,054 as applied to claim 11, above, and further in view of Harris et al 5,655,946.
The toy of Nakayama includes simulated food, but it is not clear if there is a storage container. A food container would help store the parts neatly. For example, Harris shows that simulated food for a doll may include a storage dish. This dish would be an obvious addition to the toy of Nakayama. With regard to claim 30, the food objects have a textured surface that facilitates sensing, as claimed.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama 5,037,345 in view of Al-Saleh 9,427,054 and Harris et al 5,655,946 as applied to claim 11, above, and further in view of Villano et al 2017/0151504.
It is not clear if the toy of Nakayama may include a bandana. A bandana would increase the play value. For example, Villano shows a toy with a bandana. This bandana would be an obvious addition to the toy of Nakayama.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A RICCI whose telephone number is (571)272-4429. The examiner can normally be reached Mon to Fri.
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/JOHN A RICCI/ Primary Examiner, Art Unit 3711