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 Objections
Claim 16 is objected to because of the following informalities: Regarding claim 16, lines 4-5 and line 6, “the light-emitting diodes are” should be changed to the at least one light-emitting diode is to reflect the terminology used in claim 15. Appropriate correction is required.
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.
Claims 1-2, 5, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ayal (US 11,559,725 B1).
Regarding claim 1, Ayal discloses a spherical structure [10] having a raised texture, comprising: a sphere [14]; and a plurality of protruding bumps [26] being formed in pairs and in a curved arrangement on a surface [36] of the sphere [14] (col. 3 line 61 – col. 4 line 34, col. 5 line 4 – col. 6 line 41, and Figures 1-4A).
Regarding claim 2, Ayal discloses the spherical structure according to claim 1, wherein a protruding strip [20 and/or 22] that is curved is formed on the surface [36] of the sphere [14], and the plurality of protruding bumps [26] are arranged in pairs on the protruding strip [20 and/or 22] on the surface [36] of the sphere [14] (col. 4 lines 12-21, col. 5 lines 4-10, and Figures 1-4A).
Regarding claim 5, Ayal discloses the spherical structure according to claim 1, wherein the sphere [14] is a light-transmissive sphere and is made of elastic plastic (col. 5 lines 4-9 and Figure 4A).
Regarding claim 13, Ayal discloses the spherical structure according to claim 1, wherein the interior of the sphere [14] is hollow [40], and a counterweight [46, 54] is suspended inside the sphere [14] (col. 5 lines 4-24, col. 5 line 37 – col. 6 line 41, and Figure 4A).
Regarding claim 15, Ayal discloses the spherical structure according to claim 13, wherein the counterweight [46, 54] is a counterweight circuit board [46], and the counterweight circuit board [46] includes a light-emitter [50], a power supply [52 and/or 54], and a main controller [30]; wherein the main controller [30] is in electrical connection with the light-emitter [50] and the power supply [52 and/or 54], and the light-emitter [50] includes at least one light-emitting diode (col. 5 line 54 and col. 5 line 57: “LEDs”) (col. 5 line 36 – col. 6 line 41 and Figure 4A).
Claims 1-2 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US 2004/0142779 A1).
Regarding claim 1, Chan discloses a spherical structure [23] having a raised texture, comprising: a sphere [10]; and a plurality of protruding bumps [25] being formed in pairs and in a curved arrangement on a surface of the sphere [10] (paragraphs 0022, 0044, 0053, and Figures 2 and 7).
Regarding claim 2, Chan discloses the spherical structure according to claim 1, wherein a protruding strip [24] that is curved (i.e., spherically shaped) is formed on the surface of the sphere [10], and the plurality of protruding bumps [25] are arranged in pairs on the protruding strip [24] on the surface of the sphere [10] (paragraphs 0022, 0053, and Figures 2 and 7).
Regarding claim 7, Chan discloses the spherical structure according to claim 2, wherein the protruding strip [24] and the protruding bumps [25] thereon are made of an elastic rubber material (paragraphs 0044, 0053, and Figure 7).
Regarding claim 8, Chan discloses the spherical structure according to claim 7, wherein the protruding strip [24] and the protruding bumps [25] thereon are made of a thermoplastic rubber material (paragraph 0044: “thermoplastic polyurethane (TPU)”) (paragraphs 0044, 0053, and Figure 7).
Claims 1-2 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maxey et al. (US 6,190,273 B1).
Regarding claim 1, Maxey discloses a spherical structure having a raised texture, comprising: a sphere [10]; and a plurality of protruding bumps [26] being formed in pairs and in a curved arrangement on a surface of the sphere [10] (col. 2 line 29 - col. 3 line 11, col. 3 lines 36-39, col. 5 lines 5-13, and Figures 1-4).
Regarding claim 2, Maxey discloses the spherical structure according to claim 1, wherein a protruding strip [36] or [16 and/or 18, which include bead [36]] that is curved is formed on the surface of the sphere [10], and the plurality of protruding bumps [26] are arranged in pairs on the protruding strip [36] or [16 and/or 18, which include bead [36]] on the surface of the sphere [10] (col. 2 line 29 – col. 3 line 11, col. 5 lines 5-13, and Figures 1-4).
Regarding claim 12, Maxey discloses the spherical structure according to claim 1, wherein a ratio of a diameter (col. 3 line 37: “3.820 inches”) of the sphere [10] to a thickness [30] (col. 3 line 39: “from 1/8 inch to 3/16 inch”) from a top surface of each of the protruding bumps [26] to the surface of the sphere [10] is between 17.5:1 and 35:1 (col. 3 lines 36-39 and Figures 1-2; wherein
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3
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=
20.37
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3.820
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30.56
such that the ratio is between 20.37:1 and 30:56:1 which falls within the claimed range).
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 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ayal.
Regarding claim 6, Ayal does not disclose the translucent plastic being a polypropylene material or a polyethylene material. However, it would have been obvious to choose from a finite number of predictable, identified translucent plastics, such as polypropylene or polyethylene, with a reasonable expectation of success. Additionally, the examiner takes official notice that these materials are notoriously well known in the art for making translucent plastic balls.
Regarding claim 14, Ayal discloses the spherical structure according to claim 13, wherein the counterweight [46, 54] includes an upper counterweight [46] and a lower counterweight [54] stacked in a top-down manner (col. 5 line 37 – col. 6 line 41 and Figure 4A). Ayal is silent as to the relative weights of the counterweights and specifically does not disclose the weight of the lower counterweight being greater than a weight of the upper counterweight. However, the circuit board [46] and battery [54] are two different components which likely have differing weights. It would have been obvious to choose from a finite number of predictable, identified relative weight ratios of the circuit board weight to the battery weight, such as the weight of the battery being greater than a weight of the circuit board (or vice versa since the ball can be flipped such that the “upper” and “lower” counterweights are swapped) with a reasonable expectation of success.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ayal as applied to claim 15 above, and further in view of Lin (US 10,159,874 B1).
Regarding claim 16, Ayal does not disclose a shaking switch. Lin, however, teaches a similar spherical structure having a raised texture, comprising, a sphere [1]; a plurality of protruding bumps [22] being formed in pairs and in a curved arrangement on a surface of the sphere [1]; a circuit board [311]; a main controller (col. 4 lines 9-10: “electrical circuits controlling the light-emitting diode D”); and at least one light-emitting diode [D]; wherein a shaking switch [34] that is in electrical connection with the main controller (col. 4 lines 9-10: “electrical circuits controlling the light-emitting diode D”) is disposed on the circuit board [311], and the shaking switch [34] is used to sense shaking; wherein, when the shaking switch [34] senses a shaking, the light-emitting diodes [D] are switched on, and when the shaking is not sensed after a preset period of time has elapsed, the light-emitting diodes [D] are switched off (col. 3 line 44 – col. 5 line 43 and Figures 1, 3, and 4). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Ayal’s counterweight circuit board to include a shaking switch in electrical connection with a main controller because Lin teaches that this configuration turns off the light-emitting diodes when the sphere stops vibrating which extends the battery life of the device (col. 5 lines 24-43).
Allowable Subject Matter
Claims 3-4 and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 3, the combination including each of the plurality of protruding bumps being irregularly shaped and a narrow air channel and a gradually widened air channel that are in spatial communication being formed between any two opposite protruding bumps in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 9, the combination including the sphere and the protruding bumps being made of a foaming material in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 10, the combination including a groove being correspondingly recessed in each of outer sides of any two opposite protruding bumps in the invention as claimed is neither disclosed nor rendered obvious by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Davignon, II (US 2006/0068952 A1), Greenwalt et al. (US 2016/0354665 A1), Yang (US 6,926,630 B2), and Lin (US 6,997,830 B2) which all disclose similar spherical structures having a raised texture.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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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.
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711
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