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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/25 has been entered.
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 1-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 discloses in paragraph 6 that the user information comprises bobble sequence information comprising one or more bobble sequences and one or more bobble sequences for each user, one or more audios, one or more light patterns and one or more audios and light patterns for each user, but it is unclear how the bobble sequences, audios and light patterns differ from the those that are for each user since if the user sequences and patterns are provided so are the less defined sequences and patterns making what is intended to be encompassed by the claim limitations unclear.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maa (6572431), Sharma (2014/0038489) and Jeromin (2020/0384374). Maa discloses an articulating system having at least one object (1) with one or more bobbling components (4,12,20), wherein one or more joining modules (42,40,38) which include a spring (62) movably connect each bobbling component to the object (Figs. 2 & 3A). An electromechanical motion inducing module with a first electromagnetic component (66) is positioned within the object proximal to springs of the joining modules (Figs. 2 & 3A, column 5 lines 49-53). A power source module (52) embedded within the object (Fig. 2) is provided for supplying power to the electromagnetic component (column 5 lines 19-35). The system also includes an audio output device (44), a light source output device (column 15 lines 21-30) and a control module (36) embedded within the object (Fig. 2). The control module is configured to control the audio output device to generate sound (column 4 line 46 -column 5 line 18), to control the light source device to emit light of a wavelength (column 15 lines 21-30) and to control the power source module to supply power to the first component of the motion inducing module to create a magnetic field that moves the joining modules to induce movement of the bobbling components by turning on the power supply to generate an attracting force and turning off the power supply to remove the attracting force for compressing and decompressing the springs to induce movement of the bobbling components (Fig.3A-3B, column 5 line 49-column 6 line 49). The system further includes a storage module (113) provided separately from the object but in communication with the control module having bobble sequence information that includes combinations of bobble sequences, audios, and light patterns that can be activated for a user by utilizing user characteristic data such as sound data for a user (column 12 lines 1-37, column 13 line 48-column 14 line 8 & column 15 lines 21-30). One of the bobbling components of an object can include two or more bobbling components connected together and associated with the magnetic component to enable movement of the connected components (Fig.4A). A second component includes a permanent magnet (64) and a non-magnetic component (63) that are proximal to the first component and a bobbling component of the object (Fig.3A-B) with the control module configured for supplying power to the motion inducing module by inducing a first polarity in the electromagnet that is opposite to a polarity of the second component magnet and intermittingly altering the first and second polarity through the supply of electrical power to generate attractive and repulsive forces between the first and second components to induce a sequence of movement (Figs.3A-B, column 5 line 49-column 6 line 49). An actuator (83) is in communication with the control module and the motion inducing module for controlling the polarity of the magnetic field associated with the magnetic components (column 6 lines 26-49). A computing device (30) is in communication with a communication module (106), the storage module and the control module via a network and includes a memory (102) and a processor (100) configured to store and execute program modules to control the output of light, the emitting of audio and the duration of sequences of movement of the bobbling components (Figs.1 & 6, column 8 line 40-column 9 line 42 & column 15 lines 21-30). A user device (30b) in communication with the computing device via the network is configured to receive input data from the user device to execute the program modules and control the objects (column 12 lines 10-37). Maa discloses the basic inventive concept with the exception of the storage module being embedded in the object and including user information that includes image and movement data for a user and using that user information to control the motion sequence, audio and light patterns emitted and further having the data detected by at least one of light, image or motion sensors. Sharma discloses an articulating system (Fig. 1) with an object (100,500) having bobbling appendage components further configured with a control module (510), sensors (530) and a storage module (511) embedded within the object, wherein the sensors and storage module are in communication with the control module for controlling operations of the object (Fig. 5, paragraphs 29-32). The system is further configured such that a computing device (150) communicates with the storage module, control module and a communication module via a network for further controlling functionality of the object (Fig. 1). It would have been obvious to one of ordinary skill in the art to modify Maa to have sensors and a storage module in communication with a control module embedded within the object for the predictable result of enhancing the functionality and utility of the object itself by enabling dynamic control without wired connections to outside control devices which provides enhanced play value with increased versatility. Jeromin discloses an articulating system with an object (17) having bobbling components (120) and a storage module (38) for storing user characteristic information for identified users from image and motion sensors (32) for controlling sound, light and movement operations of the object based on image and movement data of particular users (paragraphs 18, 21, 24-28, 32 & 42). It would have been obvious to modify the storage module of Maa to take into account image and movement data for a user obtained using a sensor to control operations of the articulating system as taught by Jeromin in order to provide enhanced functionality and versatility by enabling more interactive and dynamic control over the system.
Response to Arguments
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument that the references fail to show certain features of the invention as shown in the specification, the examiner notes that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711