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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 8/25/26 is acknowledged.
Claim Rejections - 35 USC § 102
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) 11-17 and 31-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winslow (6530817). Winslow discloses a mobile toy (1) attachable to a target (70) so as to be suspended from the target (Fig. 5) having a body with an exterior surface defining a circumference with a continuously curved surface about a central axis and an upper portion and a lower portion spaced along the central axis of the body in a central reference plane (Figs. 1 & 2). The upper portion includes a target connecting member (25) for attaching the body to the target (Fig. 5). The toy further includes multiple arms (20) each having a distal end with a toy element connected thereto and a proximal end mounted to the body for positioning the arms between the upper and lower portions for rotation about the central axis of the body (Figs. 1 & 2). The arms are pivotable between a retracted position in which the distal end is located a first distance from the central axis (Fig. 1) and an extended position in which the distal end is located a second distance from the central axis larger than the first distance (Fig. 2). Each arm is configured with a shape and orientation relative to the body such that in both positions, a height of the arm defined along the central reference plane is shorter than a distance between the proximal and distal ends of the arm (Figs. 1 & 2). An outermost point of the upper portion lines in an upper reference plane of the body and an outermost point of the lower portion lies in a lower reference plane of the body such that in both the extended and retracted positions a majority of each arm is disposed between the upper and lower references planes such that the distal end of each arm is above the lower reference plane and below the upper reference plane (Figs. 1 & 2). The proximal ends of the arms form a pivot joint with the body so as to be radially extendable from the body by pivoting about the pivot joints (Figs. 1 & 2). The body includes a plurality of elongated recesses (17) along the circumference of the body each shaped for receiving a respective pivot joint and arm and having a height and depth for accommodating each respective arm therein when in the retracted position and allowing each respective arm to protrude from their respective recesses along a majority of the length of each arm when in the extended position (Figs. 1 & 2).
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.
Claim(s) 11 and 36-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peter (1144058), Lin (CN107997547A) and Siegel (5480076). Peter discloses a hangable mobile device attachable to a target so as to be suspended from the target (Fig. 1) having a body with an exterior surface extending around a central axis (F) and an upper portion (a) and a lower portion (a’) spaced along the central axis of the body in a central reference plane (Figs. 1 & 4). The upper portion includes a target connecting member in the form of a hook for attaching the body to the target (Fig. 1). The device further includes multiple arms (A, A’) each having a distal end capable of having a toy element connected thereto and a proximal end mounted to the body by a pivot joint (b) for positioning the arms between the upper and lower portions (Figs. 1 & 4). The arms are pivotable between a retracted position in which the distal end is located a first distance from the central axis (Figs. 1 & 3) and an extended position in which the distal end is located a second distance from the central axis larger than the first distance (Figs. 1 & 2). Each arm is configured with a shape and orientation relative to the body such that in both positions, a height of the arm defined along the central reference plane is shorter than a distance between the proximal and distal ends of the arm (Fig. 1). Peter discloses the basic inventive concept with the exception of the exterior surface having a continuously curved shape and the arms having a curvature that corresponds to the curvature of the exterior surface and the arms being spring loaded to be biased into the retracted position and retained by a retention mechanism in the extended position. Lin discloses a hangable mobile device having a body (3) with a continuously curved shape around a central axis (31) and a plurality of arms (4) that are curved to correspond with the curvature of the exterior surface and further configured with a spring (34) and a retaining mechanism (38, 39) such that the arms can be retained in each of a retracted position (Fig. 2) and an extended position (Fig. 3). It would have been obvious to one of ordinary skill in the art to modify the device of Peter to include a curved shape body with arms shaped to correspond to the curvature of the body and to include a retaining mechanism to retain the arms in a desired position for the predictable result of configuring the device to make transitioning between configurations more convenient and secure thereby providing enhanced utility and functionality. In regard to the shape of the body and arms, the examiner notes that changes in shape have been held to be an obvious modification absent persuasive evidence that the claimed configuration is significant. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Siegel discloses a device with a spring (56) for transitioning a device with arms between a retracted configuration (Fig. 3) and an extended configuration (Fig. 1) wherein the spring is configured to spring bias the arms in the extended position and the device is configured for locking the arms in the retracted position (column 6 lines 36-46 & column 7 31-37). It would have been obvious to one of ordinary skill in the art from the teaching of Siegel to modify the spring of Lin to bias the arms in one of the positions for the predictable result of making it easier to transition between the different configurations in a more automatic manner providing enhanced utility.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA HYLINSKI whose telephone number is (571)272-2684. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
