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.
Claims 1-10 (2-10 by dependency) are 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 1, the connection part is originally disclosed in the body but then required in the opposing body. This happens again in the claim with the plug. The plug is claimed in the body but then later in the claim it is formed in the opposing body. It is understood that both the body and the opposing body are identical and therefor each have a connection part and a plug but as written, it is unclear if “the connection” part firstly mentioned is the same as the next mention. It is recommended that applicant distinguish between what parts are on “the body” and what parts are on “the opposing body” throughout the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1- 4 and 10 is/are rejected under 35 U.S.C. 102a1 as being anticipated by KR 102007717 (herein after referred to as KR).
Regarding claim 1, KR shows a prefabricated toy frame comprising: a body (100); and a clamp (200) formed on at least one portion of the body (100) and interconnected with an opposing body (100), wherein the clamp (200) includes: a connection part (210) protruding outward from one side or the other side of the body (100) to form a hollow hole (211); a support part (220) protruding upward or downward from a front end of the connection part (210) and mounted in the hollow hole (211) of the connection part (210) formed in the opposing body (100); a plug (230) integrally formed with the body (100) to face the support part (220), protruding toward the support part (220), and positioned to be collinear with the support part (220); and a socket (240) which is formed between the connection part (210) and the support part (220) and into which the plug (230) formed in the opposing body (100) is inserted and mounted, when the body (100) is connected with the opposing body (100) by the clamp (200), a seating space (213), which has an inner diameter larger than a diameter of the hollow hole (211) and communicates with the hollow hole (211), is formed in a connection portion of the bodies, a coupling unit is inserted into the seating space (213) to expand the plurality of bodies (100) in a longitudinal direction or a vertical direction (figure 3), and when the coupling unit is inserted into the seating space (213) in a direction from top to bottom or from bottom to top, seating surfaces (213a) which suppress movement of the coupling unit, are provided on an upper side and a lower side of the seating space (213).
Regarding claim 2, KR shows the prefabricated toy frame of claim 1, wherein the connection part (210) has a free end which forms a semicircular outer circumferential surface (212) or a semi-polygonal outer circumferential surface, and a portion at which the body (100) and the connection part (210) are connected forms a semicircular inner circumferential surface (101) or a semi-polygonal inner circumferential surface to correspond to the free end of the connection part (210).
Regarding claim 3, KR shows the prefabricated toy frame of claim 2, wherein the support part (220) is inserted into the hollow hole (211) of the connection part (210) formed in the opposing body (100), moves linearly, and is coupled with the plug (230) formed in the opposing body (100).
Regarding claim 4, KR shows the prefabricated toy frame of claim 1, wherein the seating space (213) is defined by a first stepped member (shown where 214 is labeled in figure 1) formed by cutting the connection part (210), a second stepped member (shown by number 241 in figure 1) protruding from the support part (220) toward the plug (230), and a third stepped member (shown at 231 in figure 1) protruding from the plug (230) toward the support part (220), and the first, second, and third stepped members form the seating surface (figure 1 shows these stepped areas forming area 213a).
Regarding claim 10, KR shows the prefabricated toy frame of any one of claim 1, wherein the body (100) is manufactured in any one of block, plate, and wheel shapes.
Allowable Subject Matter
Claims 5-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 5, KR shows the prefabricated toy frame of claim 4, wherein the coupling unit includes a cover pin (300) which expands the bodies (100) in the longitudinal direction or covers the hollow hole (211) formed in the body (100), but fails to show the cover pin (300) having a height equal to half the thickness of the body (100) is inserted into the seating space (213). The examiner can find no motivation to modify any reference of record to create a pin with the required height without the use of impermissible hindsight and/or destroying the reference. Claims 6-9 depend from 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTINA ROSE FULTON whose telephone number is (571)272-7376. The examiner can normally be reached M-F 8-4pm.
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/KRISTINA R FULTON/ Supervisory Patent Examiner, Art Unit 3675