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
Claim 14 is objected to because of the following informalities: claim 14 recites the limitation “wherein the top hollow chamber is ion the top fin”. Appropriate correction is required.
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) 1-10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wong [US20110045734].
Regarding claim 1, Wong discloses a buoyant, water-inflatable toy (Fig. 1), comprising:
a flexible main body with a hollow interior that is configured to be partially or fully filled with and contain water, wherein the buoyancy of the toy is based in part on the amount of water held in the body interior ([0037], “Tubular elongate body 102 comprises a soft, flexible and resilient fabric sleeve 112 that is 63/4 inches long and approximately 5/8 inches in diameter and preferably made of a porous cloth material” and [0023], “In exemplary embodiments, said hollow interior can be adapted to receive and contain water and wherein the more buoyant end portion comprises a water intake opening in communication with said hollow interior for allowing water to enter said hollow interior”);
a top portion comprising a buoyant material that is less dense than water; and a bottom portion comprising a dense material that is denser than water (Fig. 1 and [0046], “it is an important aspect of the invention that upper end cap 104 is less dense than water and that lower end cap 106 is not only denser than water, but also heavy enough to overcome any positive buoyancy of the remainder of stick 100 as the stick becomes water-filled”).
Regarding claim 2, Wong discloses the toy of claim 1 in the shape of an article that is found in the water selected from the group consisting of a fish, a boat, and an amphibious animal (Fig. 1 --- since some fish looks like stick).
Regarding claim 3, Wong discloses the toy of claim 1 wherein the top portion is separated from the main body by a water- tight seam (Fig. 3, 118 on 104, [0039], “The terminal ends 114 of sleeve 112 are folded inwardly and sewn to form drawstring-retaining channels 116, through which are inserted drawstrings 118”).
Regarding claim 4, Wong discloses the toy of claim 1 wherein the top portion comprises a top hollow chamber that is directly adjacent to the main body ([0045], “Upper end cap 104 comprises temporary air-holding cavity 136 which communicates to the outside of the stick through air escape channel 138 and permanent air-holding cavity 142”).
Regarding claim 5, Wong discloses the toy of claim 4 wherein the top hollow chamber is partially or fully filled with the buoyant material ([0040], “End caps 104 and 106 are molded of a plastic, preferably ABS, which is less dense than water”).
Regarding claim 6, Wong discloses the toy of claim 5 wherein the buoyant material comprises an expanded polymer foam material ([0040], “End caps 104 and 106 are molded of a plastic, preferably ABS, which is less dense than water”).
Regarding claim 7, Wong discloses the toy of claim 1 wherein the bottom portion is separated from the main body by a water-tight seam (Fig. 3, 118 on 106).
Regarding claim 8, Wong discloses the toy of claim 1 wherein the bottom portion comprises a bottom hollow chamber that is directly adjacent to the main body ([0044], “Lower end cap 106 further comprises water intake channel 134, which allows water to enter the hollow interior portion of the sleeve”).
Regarding claim 9, Wong discloses the toy of claim 8 wherein the bottom hollow chamber is partially or fully filled with the dense material ([0043], “Lower end cap 106 further comprises ballast 132, which is preferably made of a non-corrosive metal and which causes lower end cap 106 to be only insignificantly heavier than upper end cap 104”).
Regarding claim 10, Wong discloses the toy of claim 9 wherein the dense material is metal or sand ([0043], “Lower end cap 106 further comprises ballast 132, which is preferably made of a non-corrosive metal and which causes lower end cap 106 to be only insignificantly heavier than upper end cap 104”).
Regarding claim 13, please refer to the claim rejections of claims 1, 3-5 and 7-9.
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) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong, in view of Gibson [US20110223826].
Regarding claim 11, Wong discloses the toy of claim 1. However, Wong does not disclose wherein the main body further comprises a valve through which water can be added to the hollow interior.
Nevertheless, Gibson teaches in a like invention, the main body further comprises a valve through which water can be added to the hollow interior (Fig. 3, and [0017], “Cavity 11 is inflated by filling water through a valve 13”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the toy disclosed by Wong, to have the valve to fill water, as taught by Gibson, in order to accurately control the amount of water to be filled for a desired level of buoyancy.
Regarding claim 12, the combination of Wong and Gibson discloses the toy of claim 11 wherein the valve comprises an outer hinged plug that is configured to seat on and seal to a ring on the outside of the body (Gibson, Fig. 3, and [0017], “Valve 13 may be any type of device which allows water to enter and exit cavity 11, such as a plug or cap on a hole”).
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong, in view of Robertson [US20130061384].
Regarding claim 14, Wong discloses the toy of claim 13. However, Wong does not explicitly disclose the toy in the shape of a fish with a top fin at the top of the main body and a bottom fin at the bottom of the main body, wherein the top hollow chamber is ion the top fin and the bottom hollow chamber is in the bottom fin.
Nevertheless, Robertson teaches in a like invention, the toy in the shape of a fish with a top fin at the top of the main body and a bottom fin at the bottom of the main body ([0098], “Alternatively, this can be designed with different animals, such as dolphins, sharks, fish, octopus, squid, turtle, ray, frog, water birds, mammals, amphibians, dinosaurs, reptiles such as crocodiles and snakes”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the toy disclosed by Wong, to have the toy in the shape of a fish with a top fin at the top of the main body and a bottom fin at the bottom of the main body, as taught by Robertson, in order to make it more lively to play with; and having the top hollow chamber on the top fin and the bottom hollow chamber in the bottom fin, as an obvious matter of design choice to a person of ordinary skill in the art, in order to make the toy stably remain buoyancy.
Regarding claims 15 and 16, please refer to the claim rejections of claims 6 and 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YINGCHUAN ZHANG whose telephone number is (571)272-1375. The examiner can normally be reached 8:00 - 4:30 M-F.
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.
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.
/YINGCHUAN ZHANG/Primary Examiner, Art Unit 3711
Prosecution Insights