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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1-6, filed 6/5/2024, are pending and are currently being examined.
Specification
The abstract of the disclosure is objected to because it contains implied language (ex. “The present application discloses…”). Correction is required. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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 2-4 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 pre-AIA the applicant regards as the invention.
Claim 2 recites the limitation “the other end” in line 5-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation “the middle” in line 3 and “the other end” in line 4-5. There is insufficient antecedent basis for these limitations in the claim.
Claim 4 is therefore rejected as it depends on a rejected claim.
Claim Rejections - 35 USC § 103
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 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 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 1-2 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wei US Pub. No. 2015/0258462 in view of Zhang US Pat. No. 11,406,909.
In Reference to Claim 1
Wei teaches:
A magnetic building block (magnetic building block, Fig. 1-2), comprising:
a main housing, the main housing comprising a cylinder housing and a partition plate, the cylinder housing having a cavity and two openings communicating with the cavity (main housing body 2 is a square shaped cylinder having open bottom and top ends with a partition member/plate integrally formed therein to add support, connecting means, and magnet holding means, Fig. 2), the partition plate being located within the cavity, a peripheral edge of the partition plate being connected to an inner wall of the cylinder housing, and the partition plate being provided with a main stiffener structure group (inside the main cavity of the building block main housing body extending from the inner surface of the body is a series of supporting/stiffening members forming a partition plate that includes recesses for magnets, cylinders for receiving insertion posts of the covers, and general stiffening central members, Fig. 2, [0030]-[0034]);
a plurality of magnet housings, the magnet housings being respectively connected to the partition plate and the inner wall of the cylinder housing, magnet grooves being formed among the magnet housings, the partition plate and the cylinder housing (magnet grooves are formed within magnet receiving housing recesses 5 located between the cylinder housing inner surface and the partition plate stiffening/support portions to form a plurality of holding grooves within portions of the housing to receive freely movable magnets 4 therein, Fig. 1-2, [0030]-[0034]), and
each of the magnet housings being fixedly connected to the main stiffener structure group (the internal housing supports and magnet housings 5 are integrally formed with the block body, Fig. 2, [0033]);
two cover bodies, the two cover bodies being respectively detachably connected to the main housing, and the cover bodies covering the openings and each of the magnet grooves in a state where the cover bodies are connected to the main housing (top and bottom covers 1/3 close the magnet recesses/grooves 5 at each end of the main body and may be detachably connected via frictional fit with the connecting posts and cylinders placed on the inner surfaces of the covers, [0033]-[0034]); and
connecting cylinders, the connecting cylinders being arranged on an inner wall of the main housing, the cover bodies being respectively provided with an insertion post for inserting into the connecting cylinder, and the connecting cylinders being connected to the main stiffener structure group (the top and bottom covers 1/3 are coupled with the main housing body at each open end using the four shown connecting posts arranged attached to the inner surface of each cover which are frictionally retained in four respective connecting cylinders connected to the stiffening support member and connected integrally with the inner surfaces of the covers, [0033]-[0034]); and
wherein the main stiffener structure group comprises a plurality of first stiffeners, and the first stiffeners are connected between two adjacent magnet housings in a circumferential direction of the main housing (the main stiffening structure group has a main major cross member (extending circumferentially in a width direction), and a series of other crossing members between the connecting cylinders (smaller stiffening members), each of these connecting members are positioned between adjacent magnet housings 5 and at least partially extend in a circumferential direction, Fig. 2).
Wei fails to teach:
Surfaces of the two cover bodies being respectively provided with a cover stiffener structure group.
Further, Zhang teaches:
A similar magnetic building block (Fig. 1-4) having magnetic recesses for receiving freely movable magnets therein, a cover (13) detachably coupled to a main cylinder body housing (12), and supporting members therein (121/4/31, Fig. 3), the supporting members including a cover stiffening structure group to provide support to the cover members during use (supporting portions 33/35 support the connecting posts 32 of the cover 13, Fig. 4).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wei to have formed the cover with additional structural supporting portions thereon in order to further strengthen and support the coupling posts and provide a more secure connection between the cover and main body when assembled and as additional cover support member are known and commonly used to support the connection between cover and block bodies in the art as taught by Zhang (Col. 3 line 65 – Col. 4 line 53).
In Reference to Claim 2
Wei as modified by Zhang teaches:
The magnetic building block according to claim 1, wherein each of the connecting cylinders is respectively located between two adjacent magnet housings (Wei: each connecting cylinder is placed between adjacent magnetic housings 5, Fig. 2); and
the main stiffener structure group comprises a plurality of second stiffeners, one end of each of the second stiffeners is connected to the connecting cylinder, and the other end thereof is connected to a corresponding first stiffener (Wei: the connecting cylinders have stiffening members with ends attached to the cylinder (smaller stiffening members) and second ends attached to the first stiffening members (larger cross stiffening members)).
Further, it would have been obvious to one having ordinary skill in the art to have modified the exact arrangement/orientation of the stiffening support members, as this is a matter of obvious design choice as it has been held that rearranging parts of an invention involves only involves routine skill in the art (In re Japikse, 86 USPQ 70), it has been held that the configuration of a claimed product is a matter of choice which a person or ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)), and it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this particular case, the prior art shows similar magnetic holding means, supporting/stiffening means, and cover connecting means, however the exact arrangement or position of the means in or on the housing, partition plate, and covers are merely matter of obvious design choice as they all accomplish the functions of forming a free rotation magnetic means in a building block with adequate structural support within the block body and adequate covers attached thereto. The exact shape, orientation, and locations of the discussed respective parts do not provide any notable advantage over the cited prior art and what one of ordinary skill would find to be an obvious modification.
In Reference to Claim 5
Wei as modified by Zhang teaches:
The magnetic building block according to claim 1, wherein the cover stiffener structure group comprises a plurality of fourth stiffeners provided at edges of the cover bodies; and
each of the insertion posts is respectively connected to a corresponding fourth stiffener (Zhang: the cover has additional stiffening members 33 at each connecting post 32 at the edges of the cover and ring-shaped member 35 connected between each stiffening member 33, Fig. 2, 4, as modified to apply to those of Wei above).
In Reference to Claim 6
Wei as modified by Zhang teaches:
The magnetic building block according to claim 5, wherein the cover stiffener structure group comprises a plurality of fifth stiffeners; and the fifth stiffener is connected between two adjacent fourth stiffeners, and each of the fifth stiffeners is connected end to end in sequence to form a closed ring (Zhang: the cover has additional stiffening members 33 at the edges of the cover and ring-shaped member 35 connected between each stiffening member 33, Fig. 2, 4 as modified to apply to those of Wei above).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Wei and Zhang as applied to claim 2 above, and further in view of Khalus et al. US Pub. No. 2019/0201804.
In Reference to Claim 3
Wei as modified by Zhang teaches:
The magnetic building block according to claim 2 as rejected above.
Wei fails to teach:
Wherein the main stiffener structure group comprises a convex ring and a plurality of third stiffeners, and the convex ring is located in the middle of an area enclosed by each of the first stiffeners; and one end of each of the third stiffeners is connected to the convex ring, and the other end thereof is connected to a corresponding magnet housing.
Further, Khalus teaches:
A similar building block having a hollow cylinder main housing (101) having a plurality of magnetic member held therein, two detachable covers attached at an open end of the main housing (covers 202), the covers having connecting posts that are detachably connected with respective receiving members in the main body support partition (pillars 301/305 detachably connect to 302/306 of partition 303), wherein the main stiffener structure group comprises a convex ring and a plurality of third stiffeners, and the convex ring is located in the middle of an area enclosed by each of the first stiffeners; and
one end of each of the third stiffeners is connected to the convex ring, and the other end thereof is connected to a corresponding magnet housing (central ring member of 303 is connected to first ends of stiffening members extending radially towards the corners of the block, the second ends of the diagonal stiffening members attached the magnet housings of the partition 303 wherein the post receiving portions are formed therewith, Fig. 1-4b).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wei to have further included a central convex ring and stiffening members between the ring and magnet housings as this is a known and commonly used support arrangement in the art as taught by Khalus (Fig. 1-4b, [0019]).
Further, the exact arrangement/orientation of the stiffening support members is a matter of obvious design choice and it has been held that rearranging parts of an invention involves only involves routine skill in the art (In re Japikse, 86 USPQ 70), it has been held that the configuration of a claimed product is a matter of choice which a person or ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)), and it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)). In this particular case, the prior art shows similar magnetic holding means, supporting/stiffening means, and cover connecting means, however the exact arrangement or position of the means in or on the housing, partition plate, and covers are merely matter of obvious design choice as they all accomplish the functions of forming a free rotation magnetic means in a building block with adequate structural support within the block body and adequate covers attached thereto. The exact shape, orientation, and locations of the discussed respective parts do not provide any notable advantage over the cited prior art and what one of ordinary skill would find to be an obvious modification.
In Reference to Claim 4
Wei as modified by Zhang and Khalus teaches:
The magnetic building block according to claim 3, wherein the magnet housings each comprise two flat plates and an arc-shaped plate connecting the two flat plates, the two flat plates are respectively connected to the inner wall of the cylinder housing; and
a magnet is freely movably arranged within the magnet groove (Wei: magnets 4 are freely movable within magnet housings 5, wherein the magnet housings have flat sides at each inner sidewall of the cylinder housing and a rounded arc shaped portion extending into the center of the cylinder housing to match the shape of the round magnet and hold the magnet therein, Fig. 2, [0030]-[0033]).
Brief Discussion of Other Prior Art References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the references cited page for publications that are noted for containing similar subject matter as the applicant. For example, Huang (12,533,599), Li (12,377,363), Chen (12,151,182, 11,766,622), Xu (11,458,410), Rosen (11,224,821), Kiribuchi (9,751,025), Wei (2015/0262744), Klepper (2015/0065007), Haughey (8,850,683), Mak (2012/0309259), Mendelsohn (6,024,626), and Strohmaier (3,601,921) teach similar magnetic building blocks.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711