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 Objections
Claims 2, 9 and 16 are objected to because of the following informalities: The claims present the acronym “LED” without first defining the acronym. 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.
Claims 13 and 19 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 13 and 19 both recite the limitation "the brackets" in line 2. There is insufficient antecedent basis for this limitation in the claims. For the purposes of examination, the claims will be interpreted as requiring a mounting bracket plate that is securable to the side of the housing and to a mobile cart.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca (2023/0241527), Yang (2023/0135754) and Man (2016/0317941). Petrarca discloses a bubble cannon (Figs. 2-3 & 16) having a bowl shaped housing (112) with a first end and a second end, wherein a second end of the housing has a cover (114) with an opening (102) that is configured to receive a nozzle (164) with a wiper (104) on an inner portion thereof and a base forming an outer circumference portion of the cover (Figs. 5 & 16). A bubble cartridge (158) is secured within the housing and is formed as an enclosure with a pump (136), a motor (150), an air producing device (157) and an air duct (146), wherein the air duct is positioned adjacent the air producing device and has the nozzle secured thereto (Figs. 11-14). A bubble solution reservoir (108) is secured to a side of the housing (Fig. 7) and a solution channel has a first end (128) submerged within the reservoir (Fig. 7) and a second end (134) operatively coupled to the nozzle (Figs. 8, 9, 12). A recirculation channel (130) has a first end connected to a drain (124) and a second end connected to the reservoir (paragraph 48). Petrarca discloses the basic inventive concept, with the exception of including a fan secured within the first end of the housing and an electronics control box containing a printed circuit board securable to a side of the housing. Yang discloses a bubble device with a housing (110) including a cover assembly (105) with an opening (220) for producing bubbles from a cartridge (160) having a motor (180) and an air producing device (170) and further including a fan (190) secured within the housing for directing air through an aperture (230) in the cover for helping direct bubbles away from the housing (paragraph 50). It would have been obvious to one of ordinary skill in the art from the teaching of Yang to include a fan for directing air through the cover of Petrarca for the predictable result of providing enhanced utility by directing formed bubbles away from the housing to create an interesting bubbling effect. Man discloses a bubble device (Fig. 1) with electronic components wherein an electronics control box or module (170) is securable to the housing and contains a printed circuit board (paragraphs 30 & 33). It would have been obvious to one of ordinary skill in the art from the teaching of Man to include a printed circuit board electronic control box to the device of Petrarca and Yang for the predictable result of controlling electronic functions of a bubble device in a known manner to achieve desired operations. In regard to the electronics control box secured to a side of the housing, the fan secured within the first end of the housing and the drain connected to the nozzle, the examiner notes that such modifications would have involved a mere rearrangement of parts which has been held to be obvious unless a new or unexpected result is produced. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang and Man as applied above and further in view of Thai (10434434). Petrarca, Yang and Man disclose the basic inventive concept with the exception of including a light emitting diode (LED) ring in the cover assembly secured between a base and a lens. Thai discloses a bubble device (Fig. 1) having a cover (38) on an end thereof with an LED assembly having an arcuate LED panel (48) secured between a lens (230) and a base portion of the cover so as to be positioned on an outer circumference of the cover (Figs. 3 & 6). It would have been obvious to one of ordinary skill in the art to configure the cover of Petrarca, Yang and Man to include an LED assembly as taught by Thai for the predictable result of providing enhanced visual effects to the bubble device to create more visual appeal (column 7 lines 53-56). In regard to the LED assembly taking the form of a ring, the examiner notes that such a modification would have involved a mere change in shape and changes in shape have been held to be an obvious modification. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 3, 4, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang and Man as applied for claim 1 above and further in view of Jernstrom (4044496). Petrarca, Yang and Man disclose the basic inventive concept with the exception of the inner portion of the cover assembly configured as a mesh grill and a mesh grill secured over the fan on the first end of the housing. Jernstrom discloses a bubble device (Figs. 3-4) having a fan and a first end (16) formed as a mesh grill (Fig. 2) and a second end (14) with a cover having an inner portion (50) formed as a mesh grill (Fig. 1) for directing air through the device (column 4 lines 37-40). It would have been obvious to one of ordinary skill in the art from the teaching of Jernstrom to configure the inner portion of the cover and the first end as mesh grills for the predictable result of providing enhanced airflow through the device providing enhanced functionality.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang and Man as applied for claim 1 above and further in view of Kelly (2022/0168662). Petrarca, Yang and Man disclose the basic inventive concept, with the exception of including a receiver electrically connected to the printed circuit board. Kelly discloses a bubble device with a printed circuit board electrically connected to a receiver to permit remote control of the device (paragraphs 30-33). It would have been obvious to one of ordinary skill in the art to include a receiver to the device of Petrarca, Yang and Man for the predictable result of providing the device with increased functionality and utility by enabling remote activation.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang and Man as applied for claim 1 above and further in view of Rudell (5366402). Petrarca, Yang and Man disclose the basic inventive concept with the exception of including a mounting bracket plate coupled to the side of the housing for attaching to a mobile cart. Rudell discloses a bubble device (abstract) having a mounting bracket plate (Fig. 3) that is configured to attached to a wheeled device and to a side of the bubble device (Fig. 4). It would have been obvious to one of ordinary skill in the art from the teaching Rudell to include a mounting bracket to the device of Petrarca, Yang and Man for the predictable result of enhancing the functionality and utility of the device since it can be attached to moving objects to provide enhanced effects.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man and Thai. Petrarca discloses a bubble cannon (Figs. 2-3 & 16) having a bowl shaped housing (112) with a first end and a second end, wherein a second end of the housing has a cover (114) with an opening (102) that is configured to receive a nozzle (164) with a wiper (104) on an inner portion thereof and a base forming an outer circumference portion of the cover (Figs. 5 & 16). A bubble cartridge (158) is secured within the housing and is formed as an enclosure with a pump (136), a motor (150), an air producing device (157) and an air duct (146), wherein the air duct is positioned adjacent the air producing device and has the nozzle secured thereto (Figs. 11-14). A bubble solution reservoir (108) is secured to a side of the housing (Fig. 7) and a solution channel has a first end (128) submerged within the reservoir (Fig. 7) and a second end (134) operatively coupled to the nozzle (Figs. 8, 9, 12). Petrarca discloses the basic inventive concept, with the exception of the housing being cylindrical, a fan secured within the first end of the housing, an electronics control box containing a printed circuit board securable to a side of the housing and the cover including a base and a lens with an LED ring secured therebetween. Yang discloses a bubble device with a housing (110) including a cover assembly (105) with an opening (220) for producing bubbles from a cartridge (160) having a motor (180) and an air producing device (170) and further including a fan (190) secured within the housing for directing air through an aperture (230) in the cover for helping direct bubbles away from the housing (paragraph 50). It would have been obvious to one of ordinary skill in the art from the teaching of Yang to include a fan for directing air through the cover of Petrarca for the predictable result of providing enhanced utility by directing formed bubbles away from the housing to create an interesting bubbling effect. Man discloses a bubble device (Fig. 1) with electronic components wherein an electronics control box or module (170) is securable to the housing and contains a printed circuit board (paragraphs 30 & 33). It would have been obvious to one of ordinary skill in the art from the teaching of Man to include a printed circuit board electronic control box to the device of Petrarca and Yang for the predictable result of controlling electronic functions of a bubble device in a known manner to achieve desired operations. Thai discloses a bubble device (Fig. 1) having a cover (38) on an end thereof with an LED assembly having an arcuate LED panel (48) secured between a lens (230) and a base portion of the cover so as to be positioned on an outer circumference of the cover (Figs. 3 & 6). It would have been obvious to one of ordinary skill in the art to configure the cover of Petrarca, Yang and Man to include an LED assembly as taught by Thai for the predictable result of providing enhanced visual effects to the bubble device to create more visual appeal (column 7 lines 53-56). In regard to the electronics control box secured to a side of the housing and the fan secured within the first end of the housing, the examiner notes that such modifications would have involved a mere rearrangement of parts which has been held to be obvious unless a new or unexpected result is produced. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In regard to the housing having a cylindrical shape and the LED assembly taking the form of a ring, the examiner notes that such modifications would have involved a mere change in shape and changes in shape have been held to be an obvious modification. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man and Thai as applied for claim 9 above and further in view of Kelly (2022/0168662). Petrarca, Yang, Man and Thai disclose the basic inventive concept, with the exception of including a receiver electrically connected to the printed circuit board. Kelly discloses a bubble device with a printed circuit board electrically connected to a receiver to permit remote control of the device (paragraphs 30-33). It would have been obvious to one of ordinary skill in the art to include a receiver to the device of Petrarca, Yang, Man and Thai for the predictable result of providing the device with increased functionality and utility by enabling remote activation.
Claim(s) 12, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man and Thai as applied for claim 9 above and further in view of Jernstrom (4044496). Petrarca, Yang, Man and Thai disclose the basic inventive concept with the exception of the inner portion of the cover assembly configured as a mesh grill and a mesh grill secured over the fan on the first end of the housing. Jernstrom discloses a bubble device (Figs. 3-4) having a fan and a first end (16) formed as a mesh grill (Fig. 2) and a second end (14) with a cover having an inner portion (50) formed as a mesh grill (Fig. 1) for directing air through the device (column 4 lines 37-40). It would have been obvious to one of ordinary skill in the art from the teaching of Jernstrom to configure the inner portion of the cover and the first end as mesh grills for the predictable result of providing enhanced airflow through the device providing enhanced functionality.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man and Thai as applied for claim 9 above and further in view of Rudell (5366402). Petrarca, Yang, Man and Thai disclose the basic inventive concept with the exception of including a mounting bracket plate coupled to the side of the housing for attaching to a mobile cart. Rudell discloses a bubble device (abstract) having a mounting bracket plate (Fig. 3) that is configured to attached to a wheeled device and to a side of the bubble device (Fig. 4). It would have been obvious to one of ordinary skill in the art from the teaching Rudell to include a mounting bracket to the device of Petrarca, Yang, Man and Thai for the predictable result of enhancing the functionality and utility of the device since it can be attached to moving objects to provide enhanced effects.
Claim(s) 16, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man, Thai and Jernstrom. Petrarca discloses a bubble cannon (Figs. 2-3 & 16) having a bowl shaped housing (112) with a first end and a second end, wherein a second end of the housing has a cover (114) with at least first and second openings (102) that are each configured to receive respective first and second nozzles (164) with respective first and second wipers (104) on inner portions thereof and a base forming an outer circumference portion of the cover (Figs. 5 & 16). A bubble cartridge (158) is secured within the housing and is formed as an enclosure with a pump (136), a motor (150), an air producing device (157) and an air duct (146), wherein the air duct is positioned adjacent the air producing device and has the nozzles secured thereto (Figs. 11-14). A bubble solution reservoir (108) is secured to a side of the housing (Fig. 7) and first and second solution channels respectively have a first end (128) submerged within the reservoir (Fig. 7) and a second end (134) operatively coupled to a respective nozzle (Figs. 8, 9, 12). Petrarca discloses the basic inventive concept, with the exception of the housing being cylindrical, a fan secured within the first end of the housing, the device having first and second bubble cartridges, an electronics control box containing a printed circuit board securable to a side of the housing, the cover including a base and a lens with an LED ring secured therebetween and the cover and first ends including a mesh grill. Yang discloses a bubble device with a housing (110) including a cover assembly (105) with an opening (220) for producing bubbles from a cartridge (160) having a motor (180) and an air producing device (170) and further including a fan (190) secured within the housing for directing air through an aperture (230) in the cover for helping direct bubbles away from the housing (paragraph 50). It would have been obvious to one of ordinary skill in the art from the teaching of Yang to include a fan for directing air through the cover of Petrarca for the predictable result of providing enhanced utility by directing formed bubbles away from the housing to create an interesting bubbling effect. Man discloses a bubble device (Fig. 1) with electronic components wherein an electronics control box or module (170) is securable to the housing and contains a printed circuit board (paragraphs 30 & 33). It would have been obvious to one of ordinary skill in the art from the teaching of Man to include a printed circuit board electronic control box to the device of Petrarca and Yang for the predictable result of controlling electronic functions of a bubble device in a known manner to achieve desired operations. Thai discloses a bubble device (Fig. 1) having a cover (38) on an end thereof with an LED assembly having an arcuate LED panel (48) secured between a lens (230) and a base portion of the cover so as to be positioned on an outer circumference of the cover (Figs. 3 & 6). It would have been obvious to one of ordinary skill in the art to configure the cover of Petrarca, Yang and Man to include an LED assembly as taught by Thai for the predictable result of providing enhanced visual effects to the bubble device to create more visual appeal (column 7 lines 53-56). Jernstrom discloses a bubble device (Figs. 3-4) having a fan and a first end (16) formed as a mesh grill (Fig. 2) and a second end (14) with a cover having an inner portion (50) formed as a mesh grill (Fig. 1) for directing air through the device (column 4 lines 37-40). It would have been obvious to one of ordinary skill in the art from the teaching of Jernstrom to configure the inner portion of the cover and the first end as mesh grills for the predictable result of providing enhanced airflow through the device providing enhanced functionality. In regard to the electronics control box secured to a side of the housing and the fan secured within the first end of the housing, the examiner notes that such modifications would have involved a mere rearrangement of parts which has been held to be obvious unless a new or unexpected result is produced. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In regard to the housing having a cylindrical shape and the LED assembly taking the form of a ring, the examiner notes that such modifications would have involved a mere change in shape and changes in shape have been held to be an obvious modification. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In regard to the device having first and second bubble cartridges and solution channels, the examiner notes that such a modification would have involved a mere duplication of parts which has been held to be obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man, Thai and Jernstrom as applied for claim 16 above and further in view of Kelly (2022/0168662). Petrarca, Yang, Man, Thai and Jernstrom disclose the basic inventive concept, with the exception of including a receiver electrically connected to the printed circuit board. Kelly discloses a bubble device with a printed circuit board electrically connected to a receiver to permit remote control of the device (paragraphs 30-33). It would have been obvious to one of ordinary skill in the art to include a receiver to the device of Petrarca, Yang, Man, Thai and Jernstrom for the predictable result of providing the device with increased functionality and utility by enabling remote activation.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petrarca, Yang, Man, Thai and Jernstrom as applied for claim 16 above and further in view of Rudell (5366402). Petrarca, Yang, Man, Thai and Jernstrom disclose the basic inventive concept with the exception of including a mounting bracket plate coupled to the side of the housing for attaching to a mobile cart. Rudell discloses a bubble device (abstract) having a mounting bracket plate (Fig. 3) that is configured to attached to a wheeled device and to a side of the bubble device (Fig. 4). It would have been obvious to one of ordinary skill in the art from the teaching Rudell to include a mounting bracket to the device of Petrarca, Yang, Man, Thai and Jernstrom for the predictable result of enhancing the functionality and utility of the device since it can be attached to moving objects to provide enhanced effects.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA HYLINSKI whose telephone number is (571)272-2684. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
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