Prosecution Insights
Last updated: October 25, 2026
Application No. 18/868,414

TOY FOR PLAYING BACK MUSIC OR A SPOKEN STORY

Non-Final OA §103
Filed
Nov 22, 2024
Priority
May 25, 2022 — EU 22175526.7 +1 more
Examiner
ILUYOMADE, IFEDAYO B
Art Unit
2624
Tech Center
2600 — Communications
Assignee
Tonies GmbH
OA Round
2 (Non-Final)
74%
Grant Probability
Favorable
2-3
OA Rounds
10m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
491 granted / 659 resolved
+12.5% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
12 currently pending
Career history
682
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
61.8%
+21.8% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 659 resolved cases

Office Action

§103
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 . The amendment filed on 09/03/2026 has been entered. Claims 1 and 3-15 are pending. Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 3-15 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. 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 and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fassbender et al (US Pub. 20190030452) in view of Donaldson et al (US Pub. 20220118375). Regarding Claim 1, Fassbender discloses: Toy (1) for playing back music or a spoken story, (at least refer to fig. 1 and paragraph 99. Describes it possible to construct a toy system in which, although identification carriers embodied like figures are in each case only suitable for identifying a specific piece of music assigned to them or a specific spoken story assigned to them, which is played back by driving the loudspeaker of the toy) With a loudspeaker (2) and/or a loudspeaker connection, (at least refer to fig. 1 and paragraph 99. Describes it possible to construct a toy system in which, although identification carriers embodied like figures are in each case only suitable for identifying a specific piece of music assigned to them or a specific spoken story assigned to them, which is played back by driving the loudspeaker of the toy) A first sensor which can detect, within an area of its environment, a property or a change in a property of this environment, wherein the first sensor is a reader for communicating with a passive RFID transponder (31) and/or for communicating with an active RFID transponder, (at least refer to fig. 1 and paragraph 41. Describes an electromagnetic wave can be generated for example by a reader for communicating with a passive RFID transponder and be changed by virtue of the passive RFID transponder being brought into a region of the surroundings of the reader in which its presence changes the electromagnetic wave. The change in the electromagnetic wave that is brought about by the introduction of the RFID transponder can be recognized by the sensor as a change in a property of a region of its surroundings) and A control unit (62) which can control the loudspeaker (2) or the loudspeaker connection to play back music or a spoken story if the first sensor detects, within the area of its environment, a specific property or a specific change in a property of this environment or if the control unit (62) detects a specific change in the property detected by the first sensor, (at least refer to fig. 1 and paragraph 129. Describes by virtue of the fact that the identification carrier 8 has now been brought into the region of the surroundings of the sensor that is monitored by the sensor, said region now has a specific property detectable by the sensor. The sensor recognizes the presence of the RFID transponder in the identification carrier 8 and conveys this to the control unit (not illustrated in more specific detail) by means of a signal. The control unit thereupon drives the loudspeaker for replaying audio information, without the need for actuation of a further operating element) Characterized by a second sensor (9) which can determine the direction of a magnetic field acting on the second sensor (9) relative to a preferred direction (A), (at least refer to fig. 1 and paragraphs 38, 65. Describes the sensor can detect that a magnetic field in a specific region of its surroundings has a specific field direction relative to a preferred direction. Particularly preferably, the sensor can detect that the magnetic field does not have the preferred direction. With particular preference, the sensor can even detect the angle of the field direction of the magnetic field relative to a preferred direction. Para. 65, describes: the device comprises a proximity sensor, a movement sensor (acceleration sensor), a sensor for ambient light, a moisture sensor, an inclination sensor, a GPS sensor and/or a gyroscopic sensor. Said sensors allow the generation of further operating commands for the control unit). Fassbender does not disclose: Characterized in that the second sensor (9) is a Hall sensor Donaldson teaches: Characterized in that the second sensor (9) is a Hall sensor, (at least refer to fig. 1 and paragraph 30. Describes the sensor system may comprise one or more magnetometers, such as one or more vector magnetometers, e.g. one or more magneto-resistive magnetometers, one or more Hall Effect magnetometers, and/or the like. The magnetometer may be aligned with a plane defined by the chip. The magnetometer may be a single plane sensor, e.g. a single plane Hall sensor, or other sensor that is configured to measure an external magnetic field, in particular a static magnetic field, along a single direction) The two references are analogous art because they both relate with the same field of invention of toy system. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a hall sensor within a toy module as taught by Donaldson with the toy system as disclosed by Fassbender. The motivation to combine the Donaldson reference is to measure the strength of an external magnetic field along a single direction. Regarding Claim 3, Fassbender discloses: Characterized by a support (8), wherein the second sensor (9) is arranged below the support (8), (at least refer to fig. 1 and paragraph 121. Describes a sensor (not illustrated in more specific detail) is arranged in the interior of the device 1, below the depression 3, which sensor can detect within the region of the depression 3 a property or a change in a property of these surroundings). Regarding Claim 4, Fassbender discloses: Characterized in that the support (8) is part of a hollow (16), (at least refer to fig. 1 and paragraph 121. Describes a sensor (not illustrated in more specific detail) is arranged in the interior of the device 1, below the depression 3). Regarding Claim 5, Fassbender discloses: characterized in that the support (8) comprises a recess or dent and the second sensor (9) is arranged in alignment with the recess or dent below the support (8), (at least refer to fig. 1 and paragraphs 121, 123. Describes a sensor (not illustrated in more specific detail) is arranged in the interior of the device 1, below the depression 3. Para. 123, describes: The sensor is arranged within the housing of the device 1 in such a way that the region of the surroundings of the sensor in which the sensor can detect a property or a change in a property of said surroundings extends no further than 100 mm upwards beyond the base surface 4 of the depression 3) Regarding Claim 6, Fassbender discloses: Characterized in that a metal plate (10) is arranged below the support (8), (at least refer to fig. 2 and paragraph 126. Describes said magnets can interact with magnets or metal objects arranged directly below the base surface 4 of the depression 3, such that the identification carrier 8 can be fixedly held releasably on the baseplate 4 of the depression 3). Regarding Claim 7, Fassbender does not disclose: Characterized in that the support (8) is enclosed by an LED ring. Donaldson teaches: Characterized in that the support (8) is enclosed by an LED ring, (at least refer to fig. 2, 4 and paragraphs 58, 60. Describes examples of a mechanical function that some embodiments of the function device described herein can perform include driving a rotatable output shaft, winding-up a string or a chain which enables pulling an object closer to a toy module, moving a hinged part of the electronic toy module, etc. The mechanical function may thus enable opening or closing a door, ejecting an object, rotating a turntable, moving a linear actuator Para. 60, describes: the function device may be selected from a motor, a light source (e.g. one or more LEDs) and a sound source (e.g. a loudspeaker)). Regarding the rejection of claim 7, refer to the motivation of claim 1. Regarding Claim 8, Fassbender discloses: Wherein the first sensor and the second sensor (9) and the control unit are arranged, (at least refer to fig. 1 and paragraph 41. Describes an electromagnetic wave can be generated for example by a reader for communicating with a passive RFID transponder and be changed by virtue of the passive RFID transponder being brought into a region of the surroundings of the reader in which its presence changes the electromagnetic wave. Para. 65, describes: the device comprises a proximity sensor, a movement sensor (acceleration sensor), a sensor for ambient light, a moisture sensor, an inclination sensor, a GPS sensor and/or a gyroscopic sensor. Said sensors allow the generation of further operating commands for the control unit). Fassbender does not disclose: Characterized by a circuit board (6), wherein the first sensor and the second sensor (9) and the control unit are arranged on the circuit board (6). Donaldson teaches: Characterized by a circuit board (6), wherein the first sensor and the second sensor (9) and the control unit are arranged on the circuit board (6), (at least refer to fig. 2, 4 and paragraphs 30, 64, 87. Describes the magnetometer may be provided as an on-chip device, such as a device integrated into a control chip of the first electronic toy module that may also include the control circuit. The magnetometer may be aligned with a plane defined by the chip. The magnetometer may be a single plane sensor, e.g. a single plane Hall sensor, or other sensor that is configured to measure an external magnetic field Para. 64, describes: Other examples of external electronic devices include RFID tags or other data storage devices. For example, one or more of the electronic toy modules may be operable to read out such data storage device in a contactless manner, Para. 87, describes: The magnetometer may be embedded on the same chip as the control circuit 209). Regarding the rejection of claim 8, refer to the motivation of claim 1. Allowable Subject Matter Claims 9-15 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEDAYO B ILUYOMADE whose telephone number is (571)270-7118. The examiner can normally be reached Monday-Friday. 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, Matthew Eason can be reached at 5712707230. 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. /IFEDAYO B ILUYOMADE/Primary Examiner, Art Unit 2624 09/28/2026
Read full office action

Prosecution Timeline

Nov 22, 2024
Application Filed
Sep 05, 2025
Non-Final Rejection mailed — §103
Dec 05, 2025
Response Filed
May 08, 2026
Response after Non-Final Action
Sep 03, 2026
Request for Continued Examination
Sep 14, 2026
Response after Non-Final Action
Oct 02, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12764870
DETECTION DEVICE
1y 9m to grant Granted Oct 13, 2026
Patent 12761765
ELECTRONIC DEVICE
1y 6m to grant Granted Oct 13, 2026
Patent 12754617
PROXIMITY DETECTION ON HUMAN MACHINE INTERFACE
1y 4m to grant Granted Oct 06, 2026
Patent 12749424
DISPLAY DEVICE FOR REDUCING POWER CONSUMPTION, AND METHOD FOR CONTROLLING SAME
1y 9m to grant Granted Sep 29, 2026
Patent 12743981
DISPLAY DEVICE AND ELECTRONIC DEVICE INCLUDING THE SAME
1y 9m to grant Granted Sep 22, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
74%
Grant Probability
83%
With Interview (+8.2%)
2y 9m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 659 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month