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 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 (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 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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 6394030 to Geiger et al.
In re claim 1, Geiger et al teaches a support structure of a toy for figure play, the support structure comprising: a supporting member 14 comprising a base end portion (14 closest to 12), a middle portion (14 middle) and a distal portion (14 closest to 16), and extending upward from the base end portion toward the middle portion and downward from the middle portion toward the distal end portion (14 is arched see figures 4-5), the distal end portion being configured to support a supported body 16, the base end portion comprising a contacting portion having an arcuate contacting surface 30 and an elastic locking portion 32, 31; and a fixing part 28 fixed to a main body 12 of the toy for figure play, the fixing part comprising a contacted portion 34 configured to contact the contacting portion and a locked portion 35 configured to be detachably locked to the elastic locking portion 32.
In re claim 2, Geiger et al teaches the support structure of a toy for figure play according to claim 1, wherein the supporting member 14 is formed in an arc shape (Figures 4-5).
In re claim 3, Geiger et al teaches the support structure of a toy for figure play according to claim 1, wherein the fixing part 28 has an opening portion (outside of 28), wherein the elastic locking portion 32 is provided on both sides of the contacting portion (Figure 17-20) with a slit interposed therebetween (Figure 17 see slit above 33), and wherein the locked portion 35 is provided at an edge portion of an opening portion.
Allowable Subject Matter
Claims 4-5 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: The prior art of record fails to disclose or make obvious the combined limitations of applicants claimed invention. In particular the prior art of record is silent as to the rotation shaft as claimed in combination with the limitations of claim 1 and the releasing forces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20010055931, 6305319, 2828963, 20050263084, 7202484, 9138655. The cited prior art teach various support structures that teach parts of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DANIEL HUSON whose telephone number is (571)270-5301. The examiner can normally be reached Monday-Friday 7-330.
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, Joseph Thomas can be reached at (571) 272-8004. 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.
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights