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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Claims 1-2, filed 11/1/2024, are pending and are currently being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/1/2024 was filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lakin US Pat. No. 3,279,793.
Lakin teaches:
In Reference to Claim 1
A toy for figure play (carrousel toy capable of use in figure play, Fig. 1-9A) comprising:
a base member comprising an annular cam (base 10 having annular wall 14 with continuous cam undulations 16 to form an annular cam, Fig. 1-3, col. 2 lines 41-48);
a rotation shaft erected on the base member such that a first axis of the rotation shaft is positioned on an inner side of the annular cam (rotation shaft member formed by shaft portions 27/22/18s/29/26/30, Fig. 1-4, 6, 9, provides rotation about a first central vertical axis through the center of the shaft member positioned inside of the annular cam member 14/16 of the base); and
a seesaw member provided on the rotation shaft so as to be rotatable around a second axis perpendicular to the first axis of the rotation shaft (a seesaw member is pivotally coupled at a proximal end at 34 to the rotation shaft member to provide a horizontal pivot axis perpendicular to the first vertical axis of the rotation shaft, to provide vertical movement of the seesaw member distal end as it rotates about the first vertical axis of the rotation shaft, Fig. 2-3, 6, col. 4 lines 1-15), the seesaw member comprising:
a cam follower part configured to be in sliding contact with the annular cam (carrier rod 32 extends from the pivot 34 towards the distal figure accommodating end, the carrier rod in sliding contact with the undulating surfaces 16 of the annular cam 14, Fig. 1-3, col. 3 line 52 – col. 4 line 25); and
a figure accommodation part configured to accommodate a figure (figure 33 is coupled to the distal end of 32 which accommodates the figure thereon, Fig. 1-3, col. 2 lines 18-23, col. 3 lines 52-62).
In Reference to Claim 2
The toy for figure play according to claim 1, wherein the rotation shaft is provided with an umbrella part (umbrella/canopy 31 is provided on and coupled to the rotation shaft member, Fig. 1-2, col. 2 lines 19-23, col. 3 lines 52-62, col. 4 lines 66-69).
Brief Discussion of Other Prior Art References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the references cited page for publications that are noted for containing similar subject matter as the applicant. For example, (JP3229649), Lakin (3,498,603), Shano (3,356,365), Burke (3,078,091), Nelson (2,846,223), Centofanti (2,569,922), Dalton (2,061,695), Gavlak (1,368,132), and Barlow (1,047,149) teach similar toys and devices for providing rotational and vertical movement to a figure similar to a carrousel and seesaw.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER R NICONOVICH whose telephone number is (571)270-7419. The examiner can normally be reached Mon - Fri 8-6 MST.
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, Nicholas Weiss can be reached at (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER R NICONOVICH/Primary Examiner, Art Unit 3711
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