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 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.
Claims 1-4, 6-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thompson. Thompson discloses in the Figures and specification (see in particular paragraphs [0043-47] and [0050] a toy vehicle comprising a frame (chassis) having a plurality of wheels coupled thereto, and a body coupled to the frame, where the body comprises a first layer 16 on which another material is printed and a second layer 12 of material which is coupled to the first layer and shaped into a three-dimensional shape.
With respect to claims 2 and 10, Thompson discloses at paragraph [0047] that the body is shaped into the three-dimensional shape by vacuum forming. With respect to claims 3, 8 and 13, Thompson discloses at paragraph [0049] that the second layer is laminate onto the first layer. With respect to claim 4, Thompson also discloses at paragraph [0047] that the second layer comprises PVC. With respect to claims 6, 7 and 12, Thompson discloses that the first layer 16 has first and second opposing sides, where the printed material is printed on the first side such that the printed material is located between the first layer material 16 and the second layer of material 12 (see Fig. 2). With respect to claim 9, the provision of a patterned material for graphic layer 14 is directed to the content of printed matter and nonfunctional descriptive material, which will not overcome the prior art where there is no new and nonobvious functional relationship between the printed matter and the underlying substrate, and where the substrate merely serves as support for the printed matter thereon. See In re Ngai, 70 USPQ2d 1862 (Fed. Cir. 2004), as cited in MPEP 2111.05. In this case the provision of a pattern merely recites the content of printed matter, and does not further limit the structure of the toy vehicle device. With respect to claim 11, Thompson discloses at paragraph [0055] that the graphic material is printed onto the first sheet. With respect to claim 17, Thompson discloses the recited method of manufacturing the toy vehicle as discussed above with respect to corresponding apparatus claims 1, 3 and 9.
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.
Claims 5, 14-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Neitzke. Thompson discloses the claim limitations with the exception of the provision of a sheet of polypropylene. This feature is known in the art, as taught for example by Neitzke at paragraph [0052], and would have been obvious to one of ordinary skill in the art as an obvious substitution of one known element for another to achieve predictable results. With respect to claim 15, Thompson discloses the additional claim limitations as discussed above with respect to claim 6. With respect to claim 16, Thompson discloses the additional claim limitations as discussed above with respect to claims 3 and 8.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson. The recited steps of cutting the first and second materials prior to formation and trimming the resultant shape post-formation is suggested by Thompson, which teaches at paragraph [0049] a step of trimming the materials prior to placement in a mold to form the three-dimensional shape. One of ordinary skill in the art would understand that sheets of material are commonly cut and trimmed during various stages of production to create a device having a desired shape.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT FERNSTROM whose telephone number is (571)272-4422. The examiner can normally be reached M-F 10-6.
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/KURT FERNSTROM/Primary Examiner, Art Unit 3715
April 17, 2026
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