DETAILED ACTION
This is the first Office Action on the merits and is responsive to the papers filed on 10/02/2024.
Claims 1-10 are currently pending and are examined below.
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 3, 10 are objected to because of the following informalities:
Claim 3 recites “said front wall has pair of protrusions” which appears to be missing the article of “a” (said front wall has [a] pair of protrusions).
Claim 10 recites “said front wall having pair of protrusions” which appears to be missing “a” (said front wall having [a] pair of protrusions).
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities:
Para 0006 recites “within reasonable amount of time” which appears to be missing the article of “a” (within [a] reasonable amount of time).
Para 0007 recites “an programable interactive system”, “progamable” should be corrected to “programmable”, and “a” should replace “an”. ([a] program[m]able interactive system).
Para 0020 recites “The front wall 28 has pair of protrusions 38” which appears to be missing the article of “a” (The front wall 28 has [a] pair of protrusions 38).
Appropriate correction is required.
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.
Claim(s) 1-10 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.
Claims 1, 2, 4, 7, 10 are rejected under 35 U.S.C. 112(b) for the specific indefinite limitations set forth in the items below. Claims 3, 5, 6, 8, 9 depend on and incorporate the indefinite subject matter of the claims from which they depend on and are therefore rejected under 35 U.S.C. 112(b). Specifically, claim 3 depends on claim 2, claim 5 depends on claim 1, claim 6 depends on claim 5; which depends on claim 1, and claim 9 depends on claim 5; which depends on claim 1. Each such dependent claim incorporates every limitation of the claim from which it depends and therefore includes the indefinite subject matter identified below.
Claims 1 and 10 each recite “said housing is configured to encourage the child to interact with said housing”, “wherein said communication unit is configured to encourage the child to complete the task associated with said respective icon”, and “wherein said plurality of songs is configured to encourage the child to remain focused on completing the task associated with said respective icon”. These limitations are indefinite because “encourage the child to interact”, “encourage the child to complete the task”, and “encourage the child to remain focused” recite subjective, result based outcomes that depend upon the response of the individual user (child) than upon any objectively determinable structure or function of the device.
Furthermore, the specification does not provide an objective standard for determining when a child has been “encouraged” or has “remained focused”. The current standard for the terms “encouraged” or has “remained focused” is entirely subjective, a person having ordinary skill in the art would not be able to reasonably determine when these terms are satisfied within the scope of the claimed invention. Accordingly, the scope of the claims cannot be determined by one of ordinary skill in the art.
For the purpose of compact prosecution, the limitations reciting that the device is “configured to encourage” (See: “the child to interact with the housing”, “to complete the task”, “to remain focused”) will be examined as requiring only structure capable of perming the recited function, with no regard to whether any particular user (child) is in fact encouraged.
Claims 2 and 10 each recite “wherein said perimeter edge is configured to enable said housing to closely resemble the real life appearance of the animal”. The term “closely” is a relative term of degree which makes the claim indefinite. The term “closely” is not defined by the claim and the specification does not provide a standard for the term of degree. One of ordinary skill in the art would not be reasonably informed to the scope of the invention. The specification merely recites the claim’s language (See Para 0019: the perimeter edge 16 enables the housing 12 to closely resemble the real life appearance of the animal). Thus, the specification not providing any objective standard by which “closely” is measured.
Furthermore, the recited limitation “wherein said perimeter edge is configured to enable said housing to closely resemble the real life appearance of the animal” is inconsistent within the applicant’s own disclosure. Figures 1 and 6 depict the housing as a cartoon style frog with exaggerated eyes and a human-like smiling mouth, a depiction that does not constitute the “real life appearance” of a frog. Since the specification neither defines the degree required by “closely” nor discloses an embodiment meeting the recited “real life appearance”, the metes and bounds of the claim cannot be determined by one of ordinary skill in the art.
For the purpose of compact prosecution, the limitation “closely resemble the real life appearance of the animal” will be examined as requiring only that the housing have an ornamental structure resembling an animal.
Claims 2 and 10 each recite ”wherein said facial indicia are configured to enhance the realistic appearance of the animal”. The term “realistic appearance” is a subjective term which renders the claim indefinite. Whether an appearance is “realistic”, and whether facial indicia “enhance” that appearance, depends upon the opinion of the observer. Furthermore, the specification does not provide an objective standard for determining when the recited limitation is met. Therefore, the metes and bounds of the claim cannot be determined by one of ordinary skill in the art.
For the purpose of compact prosecution, the limitation “enhance the realistic appearance of the animal” will be examined as requiring only that the facial indicia to have any facial structure resembling an animal.
Claims 4 and 10 each recite “the ornamental appearance of the animal holding said touch screen thereby enhancing the child’s ability to imagine that the animal is holding said touch screen”. This limitation is indefinite because it defines the claimed apparatus by reference of an opinion of a user, specifically whether and to what degree a child can “imagine” that the animal is holding the touch screen. The scope of the claim thus depends upon the unmeasurable and variable response of an observer rather than upon any structural characteristic of the device. One of ordinary skill in the art would not be able to determine when the “ability to imagine” has been “enhanced” and therefore could not determine the metes and bounds of the claim.
For the purpose of compact prosecution, the limitation “enhancing the child’s ability to imagine that the animal is holding said touch screen” will be examined as requiring only that the animal will give the appearance in any way of holding said touch screen.
Claims 7 and 10 each recite “said electronic timer is actuated to count down a duration of time which corresponds to said reminder of remaining time to complete the task”. There is insufficient antecedent basis for “said reminder of remaining time”. Claim 1 (claim 7 depends on claim 1 by claim 6), and the corresponding portion of claim 10, introduce the limitation only by this (See Claim 1 and 10: each of said plurality of songs including reminders of remaining time). The references to “said reminder” does not clearly correspond to the previously introduced plural “reminders”, making the claim indefinite. Thus, one of ordinary skill in the art would be unable to determine the metes and bounds for “said reminder of remaining time” of the claim.
For the purpose of compact prosecution, the limitation “said reminder of remaining time” will be treated as referring as any given reminder at any given remaining time.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 5, 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Courtney Douglas (US 20090156090 A1) in view of Gay (US 20110001892 A1) in further view of Elisa Douglas (US 20200005658 A1).
Regarding claim 1, Courtney Douglas discloses [a]n interactive activity guide device for motivating a child to perform a selected activity while playing a motivational song [(See Courtney Douglas Para 004: to provide a learning device for teaching children to share and take turns) (Para 0023: The audio content is preferably a song or songs with educational lyrics [..] encouraging users to sing along.)]. [S]aid device comprising: a housing having an ornamental structure which resembles an animal wherein said housing is configured to encourage the child to interact with said housing [(Para 009: the main body has the shape of an animal, and the appendage has the shape of an animal appendage) (Para 0015: the main body 110 is the shape of an elephant's torso and head, while appendage 120 is in the shape of an elephant's trunk.)]. [E]ach of said plurality of songs including reminders of remaining time to complete the task associated with said respective icon wherein said plurality of songs is configured to encourage the child to remain focused on completing the task with said respective icon ([Para 0007: the switch assembly is configured to activate the sound chip to output audio content via the speaker during the unwinding of the countdown timer.) (Para 0023: the learning device may announce, "It's your turn now!" when the appendage returns to the first orientation)].
However, Courtney Douglas is silent when it comes to a touch screen being integrated into said housing, wherein said touch screen is configured to be visible to the child, said touch screen displaying menu indicia comprising icons which visually represent various tasks to be performed by the child wherein said menu indicia are configured to enable the child to select a task that the child is to perform; and a communication unit being integrated into said housing, said communication unit being in communication with said touch screen, said communication unit storing a database comprising a plurality of songs which each corresponds to a respective one of said icons of said menu indicia, said communication unit including a speaker which is actuated to audibly emit a respective one of said plurality of songs which corresponds to said respective icon when said respective icon is selected by the child wherein said communication unit is configured to encourage the child to complete the task associated with said respective icon[.]
Gay is analogous art because it is directed to a plush stuffed animal having a video display screen for viewing content and includes audio playback capabilities, including a plush stuffed animal toy (See Gay Abstract). This is considered to be analogous art because it is within the same field of endeavor as the instant application.
Elisa Douglas is analogous art because it is directed to an electronic children’s toy that encourages a child to perform hygiene and health tasks through selectable inputs each having associated audio. (See Elisa Douglas Abstract). This is considered to be analogous art because it is within the same field of endeavor as the instant application.
Gay teaches a touch screen being integrated into said housing, wherein said touch screen is configured to be visible to the child [(See Gay Para 0028: the toy may include a touch screen with controls integrated therewith. In this embodiment, the video screen is sensitive to touching, and regions of the video screen are marked as "buttons" that can be touched to control the video or audio usage of the toy) (Para 0030: the video screen 26 is visible from the front of the inventive toys.)]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Courtney Douglas to a touch screen being integrated into said housing, wherein said touch screen is configured to be visible to the child as taught by Gay, in order to provide a reconfigurable visual display and input surface by which the child can view and directly select content on the device. One of ordinary skill would have been inclined to make this combination for the advantage stated by Gay of providing a screen that can not only display imagery but is also responsive to being touched, thereby enabling direct child interaction with displayed content (Gay Para 0028). Thus, would yield the predictable result of a child operable touch screen interface integrated into the animal housing of Courtney Douglas.
Courtney Douglas as modified by Gay above discloses said touch screen and Gay further teaches displaying menu indicia comprising icons[.] [(See Gay Para 0028: regions of the video screen are marked as "buttons" that can be touched to control the video or audio usage of the toy). Elisa Douglas teaches which visually represent[ing] various tasks to be performed by the child wherein said menu indicia are configured to enable the child to select a task that the child is to perform [(See Elisa Douglas Para 0006: The invention has five labeled buttons at the front, and when pressed, each button will play a pre-recorded audio message. All five buttons are at the front of the toy and one of the buttons, labeled YAY, has a pre-recorded message, which praises children for engaging in a healthy habit. These audio messages also explain the benefits of eating healthy foods from the different food groups, as well as the benefits of exercising daily. The NIGHT button further encourages children to floss and brush their teeth before bed, and to drink only water after brushing, at bedtime.)]. Accordingly, based on the teaching of Gay and Elisa Douglas, it would have been obvious to modify Courtney Douglas to include said touch screen displaying menu indicia comprising icons which visually represent various tasks to be performed by the child wherein said menu indicia are configured to enable the child to select a task that the child is to perform as suggested by Gay and Elisa Douglas to provide; the advantage stated by Gay of providing an interactive display interface for the engagement of a child, and the advantage stated by Elisa Douglas of encouraging a child to engage in healthy activities (such as washing hands and brushing teeth). [A] communication unit being integrated into said housing, said communication unit being in communication with said touch screen, said communication unit storing a database comprising a plurality of songs which each corresponds to a respective one of said icons of said menu indicia [(See Gay Para 0014: a microprocessor comprising data communication means and memory means for storage of data files, wherein the data files comprise video content and optionally audio content) (See Elisa Douglas Para 0015: the five buttons […] will play pre-recorded audio files when pressed, along with background music specific to each file […] Each audio file is specific to each button)]. [S]aid communication unit including a speaker which is actuated to audibly emit a respective one of said plurality of songs which corresponds to said respective icon when said respective icon is selected by the child [(See Gay 0014: a speaker incorporated into the body of the toy) (See Elisa Douglas Para 0015: played when each button is pressed)]. [W]herein said communication unit is configured to encourage the child to complete the task associated with said respective icon (See Elisa Douglas Para 0019: The YAY button 9 was created to offer words of praise when users engage in a healthy activity, such as eating a healthy food, engaging in a physical activity, washing their hands, or brushing their teeth.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Courtney Douglas’s animal-shaped countdown-timer device to combine the integrated touch screen displaying selectable task icons, the communication unit sorting a plurality of songs each corresponding to an icon, and the speaker emitting the corresponding song upon selection, as taught by Gay in view of Elisa Douglas, because Gay discloses that a touch screen with selectable buttons provides a child friendly and operable interface for controlling audio content, and Elisa Douglas discloses associating a specific song with each selectable input directed to a child’s task in order to encourage the child to complete that task. Thus, would yield the predictable result of a child selecting a task icon on a screen and hearing an associated song encouraging completion of that task. One of ordinary skill in the art would have been inclined to make this combination for the advantage stated by Gay of providing an interactive display interface for the engagement of a child, and the advantage stated by Elisa Douglas of encouraging a child to engage in healthy activities such as washing hands and brushing teeth.
Regarding claim 2, Courtney Douglas in view of Gay, in further view of Elisa Douglas teaches [t]he interactive activity guide device according to claim 1 (See Citations Above). Courtney Douglas discloses wherein: said housing has a perimeter edge which is structured to define the outline of the animal which includes a head of the animal and a body of the animal and appendages of the animal wherein said perimeter edge is configured to enable said housing to closely resemble the real life appearance of the animal thereby enhancing the child’s attraction to said housing (See Courtney Douglas Para 0015: the main body 110 is the shape of an elephant's torso and head, while appendage 120 is in the shape of an elephant's trunk.). (NOTE: “closely resemble the real life appearance of the animal” is given its broadest reasonable interpretation as requiring only an ornamental structure resembling an animal, as seen above in Claim Rejections - 35 USC § 112). Elisa Douglas teaches said housing has a front wall (See Elisa Douglas Para 0024: the front housing of the invention 12 with its eyes 2, speaker holes 4 and arms 11.) and said housing has facial indicia being applied to a front surface of said front wall comprising a pair of eyes of the animal and a mouth of the animal wherein said facial indicia are configured to enhance the realistic appearance of the animal. (See Para 0008: designed to look like a penguin, complete with eyes, beak, feet and arms.). (Note: “wherein said facial indicia are configured to enhance the realistic appearance of the animal” is given its broadest reasonable interpretation as requiring only an ornamental structure resembling an animal, as seen above in Claim Rejections - 35 USC § 112).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the animal housing of Courtney Douglas with the front wall and facial indicia compromising eyes and a mouth as taught by Elisa Douglas, because Elisa Douglas discloses that such facial features render the housing in the appearance of an animal appealing to a child. Thus, would yield the predictable result of an animal-appearing housing bearing a face. One of ordinary skill in the art would have been inclined to make this combination for the advantage of enhancing the animal appearance and child-appeal of the housing.
Regarding claim 5, Courtney Douglas in view of Gay, in further view of Elisa Douglas teaches [t]he interactive activity guide device according to claim 1 (See Citations Above). Gay teaches said communication unit comprises a processor being integrated into said housing; said processor is electrically coupled to said touch screen; said communication unit includes an electronic memory which stores said database comprising said plurality of songs and each of said plurality of icons; and said electronic memory is in electrical communication with said processor. [(See Gay Para 0019: A microcomputer 32 is provided, which would have a microprocessor integral therewith.) (Para 0014: a microprocessor comprising data communication means and memory means for storage of data files […] wherein the video screen displays video content stored in the selected data file.) (Para 0020: data storage in RAM or flash memory (34))].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the combined device with the processor and memory of Gay, because Gay discloses that these components are necessary to store and output the video and audio content of the toy. Thus, would yield the predictable result of a device capable of storing and outputting the selectable songs and icons. One or ordinary skill in the art would have been inclined to make this combination for the advantage of operating the display and audio functions of the device.
Regarding claim 6, Courtney Douglas in view of Gay, in further view of Elisa Douglas discloses [t]he device according to claim 5 (See Citations Above). Gay in view of Elisa Douglas teaches wherein a respective one of said plurality of songs in said database which is associated with said respective icon that is displayed on said touch screen is played when said respective icon displayed on said touch screen is chosen by the child. [(See Gay Para 0028: regions of the video screen are marked as "buttons" that can be touched to control the video or audio usage of the toy.) (See Elisa Douglas Para 0015: Each audio file is specific to each button […] played when each button is pressed)].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to play the song associated with a given on-screen icon when that icon is selected, as taught by Gay in view of Elisa Douglas, yielding the predictable result of selecting a task icon and hearing its associated song. One of ordinary skill in the art would have been inclined to make this combination for the advantage of providing task-specific audio feedback to the child.
Regarding claim 8, Courtney Douglas in view of Gay, in further view of Elisa Douglas discloses [t]he interactive activity guide device according to claim 6 (See Citations Above). Courtney Douglas discloses said speaker is integrated into said housing wherein said speaker is configured to emit audible sounds outwardly from said housing (See Courtney Douglas Para 0022: Through holes (not shown) may be provided in housing 100 in the vicinity of speaker 430.). Gay in view of Elisa Douglas teaches said speaker is electrically coupled to said processor such that said speaker audibly emits said respective song in said electronic memory when said respective icon displayed on said touch screen is chosen by the child wherein said speaker is configured to enable the child to hear said respective song. [(See Gay Para 0014: a speaker incorporated into the body of the toy) (See Elisa Douglas Para 0015: played when each button is pressed)].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the speaker to the processor to emit the selected song upon selection of the corresponding icon, as taught by the combination, yielding the predictable result of the child hearing the song associated with the selected task. One of ordinary skill in the art would have been inclined to make this combination for the advantage of providing audible task-specific content to the child.
Claim(s) 3, 4, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Courtney Douglas (US 20090156090 A1) in view of Gay (US 20110001892 A1) in further view of Elisa Douglas (US 20200005658 A1) in further view of Amor (US 11123646 B1).
Regarding claim 3, Courtney Douglas in view of Gay, in further view of Elisa Douglas teaches [t]he interactive activity guide device according to claim 2 (See Citations Above). However, Courtney Douglas in view of Gay, in further view of Elisa Douglas is silent when it comes to wherein said front wall has pair of protrusions which each extend forwardly from said front surface of said front wall; each of said pair of protrusions being structured to define an arm of the animal and a plurality of fingers of the animal; said pair of protrusions is spaced apart from each other having said fingers associated with each of said pair of protrusions being directed toward each other.
Amor is analogous art because it is directed to a children’s plush stuffed animal having arms that hold a mobile screen device (See amor Abstract). This is considered to be analogous art because it is within the same field of endeavor as the instant application.
Amor teaches wherein said front wall has pair of protrusions which each extend forwardly from said front surface of said front wall; each of said pair of protrusions being structured to define an arm of the animal and a plurality of fingers of the animal; said pair of protrusions is spaced apart from each other having said fingers associated with each of said pair of protrusions being directed toward each other. [(See Amor Claim 8: a body, having a head portion, torso portion, two leg portions, and two arm portions) (Para 0017: [Screen retainers] incorporated into the hands of a stuffed animal)].
Applicant’s specification recites these fingers as presenting the “ornamental appearance” of the animal holding the touch screen, the rendering of the arms as a plurality of fingers directed toward each other is an obvious matter of ornamental design choice over Amor’s discloses arms and hands. Thus, further set forth in the motivation for claim 4 below.
Regarding claim 4, Courtney Douglas in view of Gay, in further view of Elisa Douglas, in further view of Amor discloses [t]he interactive activity guide device according to claim 3 (See Citations Above). Gay discloses a rear surface of said touch screen is mounted to said front surface of said front wall of said housing [(See Gay Para 0023: The video screen 26 of this invention will typically be an LCD or LED based screen) (Para 0018: The video screen of this invention will be facing forward as the toy is intended to be oriented. In a toy with a face, such as a humanoid or animal toy, the screen will generally be facing in the same direction as the face of the toy.)]. Amor teaches said touch screen is positioned between said pair of protrusions on said front wall of said housing such that said plurality of fingers associated with each of said pair of protrusions is attached to a respective one of a first lateral side and a second lateral side of said touch screen wherein each of said plurality of fingers is configured to present the ornamental appearance of the animal holding said touch screen thereby enhancing the child’s ability to imagine that the animal is holding said touch screen; and each of said plurality of fingers extends onto a forward surface of said touch screen. [(See Amor Para 007: the clips or tabs may be located on the shoulders, arms, or hands of the stuffed animal to give the visual impression that the stuffed animal is holding the mobile screen device) (See Claim 10: second mobile screen device connector tabs located external to the recess for securing a second edge of the second mobile screen device to the torso, wherein the second mobile screen device connector tabs are located on the arm portions)]. (Note: “enhancing the child’s ability to imagine that the animal is holding said touch screen” is given its broadest reasonable interpretation as requiring only that the animal present the ornamental appearance of holding the touch screen, without requiring any particular finger structure. Thus, seen above in Claim Rejections - 35 USC § 112).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to position the touch screen between the arms of the animal housing such that the arms secure the lateral sides of the screen and present the ornamental appearance of the animal holding the screen, as taught by Amor. As applicant’s own claims recite that this feature provides the “ornamental appearance” of the animal holding the touch screen, the particular manner in which the animal is made to appear to hold the screen, including whether the holding structure is rendered as arms, hands, or a plurality of fingers extending onto the forward surface of the screen, thus is a matter of ornamental design choice that imparts no patentable distinction over Amor’s discloses appearance of the animal holding the screen. Thus, would yield the predictable result of an animal-shaped housing that appears to hold its own screen. One of ordinary skill would have been inclined to make this combination for the advantage stated by Amor of giving the visual impression that the stuffed animal is holding the mobile screen device.
Regarding claim 9, Courtney Douglas in view of Gay, in further view of Elisa Douglas discloses [t]he interactive activity guide device according to claim 5 (See Citations Above). Amor teaches said touch screen has a first lateral side and a second lateral side (See Amor Para 0005: The mobile screen device may be attached to the recess in some embodiments with clips or tabs that connect to the sides or corners of the mobile screen device) (Para 0011: tabs 135 may be positioned to hold the sides of an electronic device). Courtney Douglas in view of Gay teaches said communication unit includes a power supply being integrated into said housing [(See Gay Para 0019: A power supply 30 is necessary, and may be a battery or a may comprise a power cord for connection to a wall outlet.) (See Courtney Douglas Para 0024: Power supply 440 is preferably one or more batteries.)]. Gay teaches said power supply is electrically coupled to said processor (See Gay Para 0019: A microcomputer 32 is provided, which would have a microprocessor integral therewith. A power supply 30 is necessary). [S]aid power supply comprises: a rechargeable battery being positioned within said housing, said rechargeable battery being electrically coupled to said processor (See Gay Para 0019: A microcomputer 32 is provided, which would have a microprocessor integral therewith. A power supply 30 is necessary […] If the power supply is a battery, it may be rechargeable or a disposable battery. If the battery is rechargeable, a charging port 28 is provided.). [A] charge port being recessed into said second lateral side of said touch screen thereby enabling said charge port to insertably receive a charge cord for charging said rechargeable battery [(See Gay Para 0019: If the battery is rechargeable, a charging port 28 is provided […] The voltage regulator in an embodiment with a rechargeable battery is connected to the toy with a special power supply cord and jack.) (Para 0031: The location of communication ports, switches, and controls is a design decision)]. Courtney Douglas in view of Gay teaches a power button being movably integrated into said second lateral side of said touch screen wherein said power button is configured to be manipulated by the child, said power button being electrically coupled to said processor, said power button actuating said processor when said power button is depressed an initial time, said power button de-actuating said processor when said power button is depressed a subsequent time. [(See Gay Para 0018: an on/off switch 16) (Para 0026: The control means of the instant invention may employ switches or pushbuttons mounted on the body of the toy) (See Courtney Douglas Para 0027: Embodiments of the invention may also include an on/off switch) (Para 0031: The location of communication ports, switches, and controls is a design decision)].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the combined device with the rechargeable battery, charging port, and finger-actuated on/off power button as taught by Gay, Courtney Douglas, the placement of the charge port and power button at the second lateral side of the touch screen being an obvious matter of design choice as Gay teaches that the location of such components is a design decision, and the actuation of a pushbutton to turn the device on and off being the ordinary operation of the discloses on/off switches. Thus, would yield the predictable result of supplying operating power and user on/off control to the device operable by a child. One of ordinary skill in the art would have been inclined to make this combination for the advantage of powering and controlling the device.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Courtney Douglas (US 20090156090 A1) in view of Gay (US 20110001892 A1) in further view of Elisa Douglas (US 20200005658 A1) in further view of Coulson (US 6345015 B1).
Regarding claim 7, Courtney Douglas in view of Gay, in further view of Elisa Douglas discloses [t]he interactive activity guide device according to claim 5 (See Citations Above). Courtney Douglas discloses said communication unit includes an electronic timer integrated into said housing; said electronic timer is electrically coupled to said processor; said electronic timer is actuated to count down a duration of time which corresponds to said reminder of remaining time to complete the task associated with said respective icon [(See Courtney Douglas Para 0019: countdown timer 200 comprises a digital timer operating in conjunction with an electrical gear motor […] countdown timer 200 is adjustable between a plurality of predetermined countdown time periods […] Dial 211 includes indicia representing three time periods (i.e., 1, 2 and 5 minutes))].
However, Courtney Douglas in view of Gay, in further view of Elisa Douglas is silent when it comes to said touch screen displays timer indicia comprising numbers which indicate said duration of time being counted down by said electronic timer wherein said timer indicia are configured to visually indicate the remaining time to complete the task associated with said respective icon to the child.
Coulson is analogous art because it is directed to a timer that encourages to a child to complete a hygiene task in a time period, and that timer having an ornamental structure (See Coulson Abstract). This is considered to be analogous art because it is within the same field of endeavor as the instant application.
Coulson teaches said touch screen displays timer indicia comprising numbers which indicate said duration of time being counted down by said electronic timer wherein said timer indicia are configured to visually indicate the remaining time to complete the task associated with said respective icon to the child. [(See Coulson Para 004: provides a constant and visual digital countdown of the time remaining for the brushing operation.) (Para 007: the timer being of the digital countdown type having a prominent and highly visible digital readout.) (Para 003: the digits forming the readout occupy substantially the entire height of the window.)].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to display the remaining time of Courtney Douglas’s countdown as a numeric digital readout on the touch screen of the combined device, as taught by Coulson, because Coulson discloses that a digital countdown of the time remaining provides continual visual feedback to a child regarding the time remaining to complete a task. Thus, would yield the predictable result of visually indicating the remaining time as numbers on the screen. One of ordinary skill in the art would have been inclined to make this combination for the advantage stated by Coulson of keeping the child aware of the remaining time to complete the task.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Courtney Douglas (US 20090156090 A1) in view of Gay (US 20110001892 A1) in further view of Elisa Douglas (US 20200005658 A1) in further view of Amor (US 11123646 B1) in further view of Coulson (US 6345015 B1)..
Regarding claim 10, Courtney Douglas in view of Gay, in further view of Elisa Douglas, in further view of Coulson, in further view of Amor teaches An interactive activity guide device for motivating a child to perform a selected activity while playing a motivational song [(See Courtney Douglas Para 004: to provide a learning device for teaching children to share and take turns) (Para 0023: The audio content is preferably a song or songs with educational lyrics [..] encouraging users to sing along.)]. [A] housing having an ornamental structure which resembles an animal wherein said housing is configured to encourage the child to interact with said housing [(See Courtney Douglas Para 009: the main body has the shape of an animal, and the appendage has the shape of an animal appendage) (Para 0015: the main body 110 is the shape of an elephant's torso and head, while appendage 120 is in the shape of an elephant's trunk.)]. [S]aid housing having a perimeter edge which is structured to define the outline of the animal which includes a head of the animal and a body of the animal and appendages of the animal wherein said perimeter edge is configured to enable said housing to closely resemble the real life appearance of the animal thereby enhancing the child’s attraction to said housing (See Courtney Douglas Para 0015: the main body 110 is the shape of an elephant's torso and head, while appendage 120 is in the shape of an elephant's trunk.) (NOTE: “closely resemble the real life appearance of the animal” is given its broadest reasonable interpretation as requiring only an ornamental structure resembling an animal, as seen above in Claim Rejections - 35 USC § 112). [S]aid housing having a front wall (See Elisa Douglas Para 0024: the front housing of the invention 12 with its eyes 2, speaker holes 4 and arms 11.). [S]aid housing having facial indicia being applied to a front surface of said front wall comprising a pair of eyes of the animal and a mouth of the animal wherein said facial indicia are configured to enhance the realistic appearance of the animal (See Elisa Douglas Para 0008: designed to look like a penguin, complete with eyes, beak, feet and arms.). [S]aid front wall having pair of protrusions which each extend forwardly from said front surface of said front wall, each of said pair of protrusions being structured to define an arm of the animal and a plurality of fingers of the animal, said pair of protrusions being spaced apart from each other having said fingers associated with each of said pair of protrusions being directed toward each other [(See Amor Claim 8: a body, having a head portion, torso portion, two leg portions, and two arm portions) (Para 0017: [Screen retainers] incorporated into the hands of a stuffed animal)]. [A] touch screen being integrated into said housing, wherein said touch screen is configured to be visible to the child [(See Gay Para 0028: the toy may include a touch screen with controls integrated therewith. In this embodiment, the video screen is sensitive to touching, and regions of the video screen are marked as "buttons" that can be touched to control the video or audio usage of the toy) (Para 0030: the video screen 26 is visible from the front of the inventive toys.)]. [S]aid touch screen displaying menu indicia comprising icons which visually represent various tasks to be performed by the child wherein said menu indicia are configured to enable the child to select a task that the child is to perform [(See Gay Para 0028: regions of the video screen are marked as "buttons" that can be touched to control the video or audio usage of the toy) (See Elisa Douglas Para 0006: The invention has five labeled buttons at the front, and when pressed, each button will play a pre-recorded audio message. All five buttons are at the front of the toy and one of the buttons, labeled YAY, has a pre-recorded message, which praises children for engaging in a healthy habit. These audio messages also explain the benefits of eating healthy foods from the different food groups, as well as the benefits of exercising daily. The NIGHT button further encourages children to floss and brush their teeth before bed, and to drink only water after brushing, at bedtime.)]. [A] rear surface of said touch screen being mounted to said front surface of said front wall of said housing, said touch screen being positioned between said pair of protrusions on said front wall of said housing such that said plurality of fingers associated with each of said pair of protrusions is attached to a respective one of a first lateral side and a second lateral side of said touch screen wherein each of said plurality of fingers is configured to present the ornamental appearance of the animal holding said touch screen thereby enhancing the child’s ability to imagine that the animal is holding said touch screen, each of said plurality of fingers extending onto a forward surface of said touch screen [(See Amor Para 007: the clips or tabs may be located on the shoulders, arms, or hands of the stuffed animal to give the visual impression that the stuffed animal is holding the mobile screen device) (See Claim 10: second mobile screen device connector tabs located external to the recess for securing a second edge of the second mobile screen device to the torso, wherein the second mobile screen device connector tabs are located on the arm portions)]. (Note: “enhancing the child’s ability to imagine that the animal is holding said touch screen” is given its broadest reasonable interpretation as requiring only that the animal present the ornamental appearance of holding the touch screen, without requiring any particular finger structure. Thus, seen above in Claim Rejections - 35 USC § 112). [A] communication unit being integrated into said housing, said communication unit being in communication with said touch screen, said communication unit storing a database comprising a plurality of songs which each corresponds to a respective one of said icons of said menu indicia [(See Gay Para 0014: a microprocessor comprising data communication means and memory means for storage of data files, wherein the data files comprise video content and optionally audio content) (See Elisa Douglas Para 0015: the five buttons […] will play pre-recorded audio files when pressed, along with background music specific to each file […] Each audio file is specific to each button)]. [S]aid communication unit including a speaker being actuated to audibly emit a respective one of said plurality of songs which corresponds to said respective icon when said respective icon is selected by the child [(See Gay 0014: a speaker incorporated into the body of the toy) (See Elisa Douglas Para 0015: played when each button is pressed)]. [W]herein said communication unit is configured to encourage the child to complete the task associated with said respective icon (See Elisa Douglas Para 0019: The YAY button 9 was created to offer words of praise when users engage in a healthy activity, such as eating a healthy food, engaging in a physical activity, washing their hands, or brushing their teeth.). [E]ach of said plurality of songs including reminders of remaining time to complete the task associated with said respective icon wherein said plurality of songs is configured to encourage the child to remain focused on completing the task associated with said respective icon ([See Courtney Douglas Para 0007: the switch assembly is configured to activate the sound chip to output audio content via the speaker during the unwinding of the countdown timer.) (Para 0023: the learning device may announce, "It's your turn now!" when the appendage returns to the first orientation)]. [S]aid communication unit comprising: a processor being integrated into said housing, said processor being electrically coupled to said touch screen [(See Gay Para 0019: A microcomputer 32 is provided, which would have a microprocessor integral therewith.) (Para 0014: a microprocessor comprising data communication means and memory means for storage of data files […] wherein the video screen displays video content stored in the selected data file.) [A]n electronic memory being integrated into said housing which stores said database comprising said plurality of songs and each of said plurality of icons, said electronic memory being in electrical communication with said processor (Para 0014: a microprocessor comprising data communication means and memory means for storage of data files […] wherein the video screen displays video content stored in the selected data file.) (Para 0020: data storage in RAM or flash memory (34))]. [A] respective one of said plurality of songs in said database which is associated with said respective icon that is displayed on said touch screen is played when said respective icon displayed on said touch screen is chosen by the child [(See Gay Para 0028: regions of the video screen are marked as "buttons" that can be touched to control the video or audio usage of the toy.) (See Elisa Douglas Para 0015: Each audio file is specific to each button […] played when each button is pressed)]. [A]n electronic timer being integrated into said housing, said electronic timer being electrically coupled to said processor, said electronic timer being actuated to count down a duration of time which corresponds to said reminder of remaining time to complete the task associated with said respective icon [(See Courtney Douglas Para 0019: countdown timer 200 comprises a digital timer operating in conjunction with an electrical gear motor […] countdown timer 200 is adjustable between a plurality of predetermined countdown time periods […] Dial 211 includes indicia representing three time periods (i.e., 1, 2 and 5 minutes))]. [S]aid touch screen displaying timer indicia comprising numbers which indicate said duration of time being counted down by said electronic timer wherein said timer indicia are configured to visually indicate the remaining time to complete the task associated with said respective icon to the child [(See Coulson Para 004: provides a constant and visual digital countdown of the time remaining for the brushing operation.) (Para 007: the timer being of the digital countdown type having a prominent and highly visible digital readout.) (Para 003: the digits forming the readout occupy substantially the entire height of the window.)]. [A]nd a power supply being integrated into said housing, said power supply being electrically coupled to said processor (See Gay Para 0019: A microcomputer 32 is provided, which would have a microprocessor integral therewith. A power supply 30 is necessary). [S]aid power supply comprising: a rechargeable battery being positioned within said housing, said rechargeable battery being electrically coupled to said processor [(See Gay Para 0019: If the power supply is a battery, it may be rechargeable or a disposable battery.) (Claim 10: the power supply is selected from a rechargeable battery, a disposable battery, or a power cord for connection to a standard electrical outlet.)]. [A] charge port being recessed into said second lateral side of said touch screen thereby enabling said charge port to insertably receive a charge cord for charging said rechargeable battery [(See Gay Para 0019: If the battery is rechargeable, a charging port 28 is provided […] The voltage regulator in an embodiment with a rechargeable battery is connected to the toy with a special power supply cord and jack.) (Para 0031: The location of communication ports, switches, and controls is a design decision)]. [A]nd a power button being movably integrated into said second lateral side of said touch screen wherein said power button is configured to be manipulated by the child, said power button being electrically coupled to said processor, said power button actuating said processor when said power button is depressed an initial time, said power button de-actuating said processor when said power button is depressed a subsequent time [(See Gay Para 0018: an on/off switch 16) (Para 0026: The control means of the instant invention may employ switches or pushbuttons mounted on the body of the toy) (See Courtney Douglas Para 0027: Embodiments of the invention may also include an on/off switch) (Para 0031: The location of communication ports, switches, and controls is a design decision)]. [A]nd wherein said speaker is integrated into said housing wherein said speaker is configured to emit audible sounds outwardly from said housing (See Courtney Douglas Para 0022: Through holes (not shown) may be provided in housing 100 in the vicinity of speaker 430.). [S]aid speaker being electrically coupled to said processor such that said speaker audibly emits said respective song in said electronic memory when said respective icon displayed on said touch screen is chosen by the child wherein said speaker is configured to enable the child to hear said respective song. [(See Gay 0014: a speaker incorporated into the body of the toy) (See Elisa Douglas Para 0015: played when each button is pressed)].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the animal-shaped countdown-timer device of Courtney Douglas with the integrated touch screen, processor, memory, speaker and rechargeable power supply of Gay, the task-representing selectable icons and per-task songs of Elisa Douglas, the numeric countdown display of Coulson, and the animal arms presenting the ornamental appearance of holding the screen of Amor, for the reasons and with the motivations stated above (in claims 1-9) for the corresponding limitations of claim 1-9 above. All references are directed to electronic children’s devices/toys in an animal-shaped body or ornamental housing that guide or encourage a child in the completion of a task using audio and/or timed cues, and the combination yields the predictable result of an animal-shaped device that appears to hold a touch screen on which a child selects a task, hears an associated song that includes reminds of remaining time, and views a numeric countdown of the time remaining to complete the task. One or ordinary skill in the art would have been inclined to make this combination for the advantages stated by each reference as set forth above.
Conclusion
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/STEVEN YANG MASTERS/Examiner, Art Unit 3715
/PETER S VASAT/Supervisory Patent Examiner, Art Unit 3715
