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
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. 102(a)(1) as being anticipated by Trageser (6176759). Trageser discloses a swingable toy (Figs. 1 & 2) having a swingable body (40) supported for rotation around a first vertically oriented rotation axis (44), a cam follower (27) located below the first rotation axis (Fig. 1), an eccentric cam (25) with a circular outer periphery in cross section configured to contact the cam follower (Fig. 1), a shaft member (26) defining a second horizontally oriented rotation axis below the first axis that includes the eccentric cam and an operating member (30) in the form of a wheel that provides manual operation (Fig. 1) and wherein when the toy is viewed vertically from above, the first and second rotation axes would be arranged to intersect (Fig. 1).
Conclusion
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
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