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 .
This office action is in response to applicant’s response filed on August 26, 2026.
Claim Rejections - 35 USC § 102
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 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20130134474 A to Park et al.
Regarding claim 1, Park et al discloses: a traveling toy comprising: a traveling toy body (Fig 2: 100, 110)comprising a wheel (300), the wheel being rotatable about a rotation shaft (note the wheel 300 is caused to rotate via the drive of the drive motor 200 as seen in Fig 2); an eccentric shaft (note Fig 2 shows a shaft/pin that connects member 410 to wheel 300) provided on the wheel in a state of being parallel to and spaced apart from the rotation shaft; a swing member (530) provided swingably and detachably on the traveling toy body (100, 110) by a shaft support structure (431), the swing member (530) comprising a coupling shaft (Fig 3: 430, 433, 432); and a link member (Fig 3: 410, 420) coupling the eccentric shaft and the coupling shaft (note the term “coupling” is generally defined as joined, linked or combined either physically or functionally and thus coupling shaft (430, 433, 432) is “coupled” to the linking member 410, 420 via its functional connection at roller 600 as seen in Fig 4), wherein the link member (410, 420) is detachably coupled to the coupling shaft (430,433,432) (note “detachably coupled” is a functional limitation and the pin connection of member 410 to member 420 as shown in Fig 3 is capable of being detachably coupled).
Re-claim 2, Park et al disclose: the traveling toy according to claim 1, wherein the shaft support structure (431) comprises: swing shafts (left and right members 540 as shown in Fig 1 and Fig 7) provided on the traveling toy body (via connection to swing member 530 at member 531 as shown in Fig 7), the swing shafts (left and right: 540) having a projection shape and opposing each other (note Fig 7 shows swing shaft 540 having a substantially “U-shaped” section wherein each of the leg of the U-shaped section is broadly readable as the projection shape opposing each other), and two support portions provided on the swing member (note from Fig 7 the 2 rounded protuberances of swing member 30 that each engage the slots/grooves of body member 110 are readable as the support portions), each of the two support portions having a plate shape (note rounded protuberances are “plate shaped” as shown in Fig 7) and comprising a bearing portion (531- Fig 7) detachably fitted to a corresponding one of the swing shafts (as shown in Fig 7 swing shaft 540 with its “U-shaped” section can be detachably fitted with bearing portion 531).
Re-claim 3, Park et al discloses: the traveling toy according to claim 2, wherein a projection is provided between the two support portions, the projection being configured to regulate entry of a foreign matter into the shaft support structure (note as shown in Fig 1 and 7 the shaft section between bearing member 531 and the support portions that engage slot/groove member of 110 is broadly readable as being the “projection” that regulates entry of foreign matter into the support shaft structure 431 at its U-shaped connection point with member 540 since the shaft section/projection slides within member 540 and thus prevents at least foreign matter entry from a side portion from entering into the support shaft structure 431 at the “U-shaped” plate connection as shown in Fig 1 and 7).
Response to Arguments
Applicant's arguments filed on August 8, 2026 have been fully considered but they are not persuasive.
Applicant argues the following:
“However, Applicant respectfully submits that in Park, a roller 600 attached to the lower end of a member 430 is configured to rotate while remaining in contact with an inclined surface 421 provided on the upper surface of a first sliding member 420. This configuration converts horizontal movement of the first sliding member 420 into vertical movement of the member 430. Accordingly, Park's first link 410 and first sliding member 420, on the one hand, and Park's members 430, 432, and 433, which have been identified as corresponding to the coupling shaft of claim 1. Conversely, merely transmit power through "contact" via the roller 600 and are not "detachably coupled" as in the present application.
Accordingly, Park, whether taken individually or in combination, fails to disclose ore render obvious at least "the swing member comprising a coupling shaft; and a link member coupling the eccentric shaft and the coupling shaft, wherein the link member is detachably coupled to the coupling shaft," as recited in claim 1.”
The above argument is not persuasive. As examiner had noted and explained in the rejection of claim 1 over Park et al (KR20130134474A) that “… the swing member (530) comprising a coupling shaft (Fig 3: 430, 433, 432); and a link member (Fig 3: 410, 420) coupling the eccentric shaft and the coupling shaft (note the term "coupling" is generally defined as joined, linked or combined either physically or functionally and thus coupling shaft (430, 433, 432) is "coupled" to the linking member 410, 420 via its functional connection at roller 600 as seen in Fig 4), wherein the link member (410, 420) is detachably coupled to the coupling shaft (430,433,432) (note "detachably coupled" is a functional limitation and the pin connection of member 410 to member 420 as shown in Fig 3 is capable of being detachably coupled).”. Applicant should also note in Fig 2 of Park et al shows the “pin connection” of member 410 (that has its own pin connection to member 420) being attached to the eccentric part of wheel 300 that would also further function as another decoupler. Examiner thus maintains through such pin connections that Park et al does meet the limitation of claim 1 namely the “detachably coupled” aspect as argued by the applicant.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M POON whose telephone number is (571)272-6891. The examiner can normally be reached on Mon-Thurs from 8am to 2pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Thomas, can be reached at telephone number 571-272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER M POON/Supervisory Patent Examiner, Art Unit 3643
