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 .
Specification
The amendment to the specification filed on 06/25/2026 is noted. The amendment to the specification is approved for entry. The amendment to the specification has obviated the drawing objections cited in the prior Office Action and are hereby withdrawn.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thurman, US Patent 2,552,824.
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Regarding claim 1, Thurman discloses a traveling toy comprising a body comprising an inner portion, an outer portion, a fender portion formed in an arc (as clearly illustrated in Figure 1 at 14) and a regulation portion provided between the first and second side surfaces and configured to regulate access to the fender surface and a front component attached to a front side of the body, wherein the front component is configured to regulate access to the fender surface at a front side of the wheel (detailed in the examiner annotated Figure 1 – as the bumper portion extends forward of the body, it thereby is configured to regulate access to the fender surface at a front side of the wheel).
Regarding claim 2, Thurman discloses the regulation portion is a plate-shaped member
comprising a plate surface perpendicular to the first side and the second side surfaces.
Regarding claim 4, Thurman discloses the regulation portion is adjacent to the fender
portion.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman, US Patent 2,552,824 as applied to claim 1 above and further in view of Jaycon https://medium.com/jaycon-systems/what-are-ribs-gussets-in-injection-molding-af596fab32e8).
Thurman discloses the invention substantially as claimed however, does not disclose the
regulation portion comprises a plurality of vertical ribs comprising plate surfaces parallel to the
first and second side surfaces. The instant application is silent to the purpose or benefit of the
vertical rib structure and as such, appears to be a matter of design choice to either select a plate-
shaped member or a plurality of vertical ribs as the regulation portion. However, Jaycon further teaches that it is notoriously well known in the art of injection molded structures (note that
Thurman discloses in column 1, lines 4-5 that the body may be formed of any suitable material,
such as elastic composition suitable for molding), that the use of vertical ribs is known to add
structural integrity that are added internally around walls to achieve better geometry and
support. As such, it would have been obvious to one having ordinary skill in the art to utilize a
vertical rib structure for the regulation portion of Thurman to reduce material weight and
manufacturing costs while adding stability and support to the toy.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thurman, US Patent 2,552,824 as applied to claim 1 above and further in view of Lower, US Patent 2,035,081.
Thurman discloses the invention substantially as claimed but does not disclose the outer
portion has an opening along the wheel. Lower teaches within the same field of endeavor that is
known to design a toy car to have an outer portion that has either a closed (i.e. rear wheels) or an
opening along the wheel (reference front wheels in Figure 1) for the purpose of adding a realistic
design element to the toy car. It would have been obvious to one having ordinary skill in the art
at the time of the invention to use the teaching of Lowers outer portion having an opening along
the wheel to the apparatus of Thurman so as to allow for a realistic design element for the car.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Thurman, US Patent 2,552,824 in view of Marx, Re. 20504.
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Thurman discloses a traveling toy comprising a body including an inner portion comprising a first side surface; an outer portion provided on an outer side of the inner portion and comprising a second side surface facing the first side surface; a fender portion connecting the inner portion and the outer portion, the fender portion comprising a fender surface, wherein the first side surface, the second side surface, and the fender surface define a space below the fender surface (as seen in the Figures), the space being configured to allow a wheel to be placed therein; and a regulation portion provided between the first side surface and the second side surface and below the fender portion to face the space; and a front component attached to a front side of the body (as detailed in the annotated Figure of the rejection for claim 1). However, Thurman does not disclose the front component is provided below the fender portion. Marx teaches within the same field of endeavor (as viewed in the Examiner’s Annotated Figure 1) that it is known to have a front component that extends below the fender portion. It would have been obvious to one having ordinary skill at the time of the filing of the invention to provide a front component that extends below the fender portion as taught by Marx with the bumper design of Thurman to aid in the realism and design style of the apparatus.
Response to Arguments
Applicant's arguments filed 06/25/2026 have been fully considered but they are not persuasive. The applicant argues that Thurman does not disclose a front compartment attached toa front side of the body, wherein the front component is configured to regulate access to the fender surface at the front of the wheel. As discussed above with respect to the rejection of claim 1, it is maintained that Thurman does disclose a front competent attached to the front side of the body. By the design of the front component extending forward of the wheel, it thereby is configured to regulate access to the fender surface at the front of the wheel.
Applicant’s arguments with respect to claim(s) 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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KIMBERLY BERONA
Supervisory Patent Examiner
Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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