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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plurality of magnets recited in claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4 and 13-17 are objected to because of the following informalities:
Regarding claim 4, line 5, “at least the” should be deleted.
Regarding claim 4, line 7, “at least the” should be deleted.
Regarding claim 13, line 5, “magnetic” should be changed to magnetically.
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.
Claim 10 is 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.
Claim 10 recites the limitation "the at least one connecting piece" in lines 1-3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to change the dependency of claim 10 from claim 8 to claim 9 to remedy this rejection.
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.
Claims 1-2, 5-9, and 11-16 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. LITKO One Inch Coherency 5-Figure Flex Tray Kit, 25mm Circle Bases (publicly available as early as 27 September 2023; hereinafter Flex Tray Kit) as evidenced by Miniature Base Bottoms, Circular, 25mm, Magnet (100) (publicly available as early as 9 November 2023; hereinafter Miniature Base Bottoms).
Regarding claim 1, Flex Tray Kit discloses a miniature movement system [A] (see annotated Figure below for all reference letters) for figures (see miniatures in Figures on pages 4 and 9) comprising: a plurality of modular platforms [B1-B4], each modular platform of the plurality of modular platforms [B1-B4] including a plurality of sides (top side and bottom side; see [B1T, B1B]) defining a center cavity [C]; and a plurality of magnet-reactive metal plates (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”), each magnet-reactive metal plate of the plurality of magnet-reactive metal plates (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”) being configured to be received in the center cavity [C] of a respective modular platform, wherein a first modular platform [B1] of the plurality of modular platforms [B1-B4] is configured to be removably coupled (see screw; [D]) to at least a second modular platform [B2] of the plurality of modular platforms [B1-B4] (pages 1-2, 4-9, and annotated Figure below; also see pages 2 and 5 of Miniature Base Bottoms for elaboration on LITKO 25mm circular magnetic and flexible steel base bottoms used to secure figures).
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Regarding claim 2, Flex Tray Kit discloses the miniature movement system according to claim 1, wherein the center cavity [C] defined by the plurality of sides [B1T, B1B] is one of (1) a hole that extends through a respective modular platform from a first side thereof to a second side thereon and (2) a hole [C] that extends a predetermined depth (through the top side B1T) from the first side thereof (annotated Figure above).
Regarding claim 5, Flex Tray Kit discloses the miniature movement system according to claim 1, wherein each magnet-reactive metal plate (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”) is a circular magnet-reactive metal plate (page 2; also see page 2 of Miniature Base Bottoms).
Regarding claim 6, Flex Tray Kit discloses the miniature movement system according to claim 1, wherein each magnet-reactive metal plate (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”) is a magnet (wherein, when a magnet is attached to steel, the steel becomes a temporary magnet through induced magnetism) configured to magnetically couple to a base of a figurine (see miniatures in Figures on pages 4 and 9) (pages 2, 4, and 9; also see pages 2 and 5 of Miniature Base Bottoms).
Regarding claim 7, Flex Tray Kit discloses the miniature movement system according to claim 6, wherein a first side of each magnet-reactive metal plate (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”) has a first magnetic pole that is magnetically coupleable to the base of the figurine (see miniatures in Figures on pages 4 and 9) having a second magnetic pole (see magnetic base bottoms on page 5 of Miniature Base Bottoms) opposite the first magnetic pole (pages 2, 4, and 9; also see pages 2 and 5 of Miniature Base Bottoms).
Regarding claim 8, Flex Tray Kit discloses the miniature movement system according to claim 1, wherein each magnet-reactive metal plate (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”) is configured to magnetically couple to a magnet (see magnetic base bottoms on page 5 of Miniature Base Bottoms) affixed to a base of a figurine (see miniatures in Figures on pages 4 and 9) (pages 2, 4, and 9; also see pages 2 and 5 of Miniature Base Bottoms).
Regarding claim 9, Flex Tray Kit discloses the miniature movement system according to claim 1, further comprising: at least one connecting piece (see screw; [D]) configured to connect between two modular platforms [B1, B2] (pages 2, 4-9, and annotated Figure above).
Regarding claim 11, Flex Tray Kit discloses the miniature movement system according to claim 1, further comprising: at least one connecting piece [E] configured to connect to a modular platform [B4], wherein the at least one connecting piece [E] includes a plurality of sides (top side and bottom side; see [ET, EB]), said plurality of sides [ET, EB] defining a central cavity [F] therein configured to house dice (annotated Figure above). Regarding the recitation that the central cavity is “configured to house dice,” it should be appreciated that the applicant’s functional language in the claims does not serve to impart patentability. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior apparatus teaches all the structural limitations of the claims. See MPEP 2114. Furthermore, the central cavity [F] of the connecting piece [E] is capable of housing dice.
Regarding claim 12, Flex Tray Kit discloses the miniature movement system according to claim 9, wherein at least one side [B1T] of the plurality of sides [B1T, B1B] includes a receiving piece (see screw hole; [G]) and an attachment piece (see screw; [D]) (annotated Figure above).
Regarding claim 13, Flex Tray Kit discloses a modular gaming component [A] (see annotated Figure above for all reference letters) comprising: a gaming figure (see miniatures in Figures on pages 4 and 9) including a magnetic base (page 5 of Miniature Base Bottoms) (also see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms”); a modular platform [B1] including a plurality of sides (top side and bottom side; see [B1T, B1B]) defining a center cavity [C]; and a magnet-reactive metal plate (see page 2: “LITKO 25mm circular magnetic and flexible steel base bottoms” and page 2 of Miniature Base Bottoms: “steel or other magnetically receptive surfaces”) configured to be received in the center cavity [C] of the modular platform [B1] and configured to magnetic couple to the magnetic base (page 5 of Miniature Base Bottoms) of the gaming figure (pages 1-2, 4-9, and annotated Figure above; also see pages 2 and 5 of Miniature Base Bottoms for elaboration on LITKO 25mm circular magnetic and flexible steel base bottoms used to secure figures).
Regarding claim 14, Flex Tray Kit discloses the modular gaming component according to claim 13, wherein the magnetic base (page 5 of Miniature Base Bottoms) is adjustable (page 2; also see pages 2 and 5 of Miniature Base Bottoms wherein the base is applied by the user with peel-n-stick backing).
Regarding claim 15, Flex Tray Kit discloses the modular gaming component according to claim 13, wherein the magnetic base (page 5 of Miniature Base Bottoms) includes a single magnet (see circular magnet on page 5 of Miniature Base Bottoms).
Regarding claim 16, Flex Tray Kit discloses the modular gaming component according to claim 15, wherein the single magnet (see circular magnet on page 5 of Miniature Base Bottoms) is disposed in a center portion of the magnetic base (page 5 of Miniature Base Bottoms) (pages 2 and 5 of Miniature Base Bottoms; wherein the single magnet is disposed in a center portion of the peel-n-stick backing).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Flex Tray Kit as evidenced by Miniature Base Bottoms as applied to claim 3 above, and further in view of Circle vs. Square: A Debate for Lesser Minds (publicly available on Reddit between 4-8 December 2023; hereinafter Debate).
Regarding claim 3, Flex Tray Kit discloses the miniature movement system according to claim 1, wherein the plurality of sides [B1T, B1B] defines a circular configuration (pages 2, 4-9, and annotated Figure above). Flex Tray Kit discloses the figures having circular bases such that the plurality of sides has a circular configuration to accommodate the base. Flex Tray Kit does not disclose a hexagonal configuration. Debate, however, teaches the use of circular, square, or hexagonal bases for similar wargaming figures (pages 1-11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Flex Tray Kit’s plurality of sides to define a hexagonal configuration to accommodate figures with hexagonal bases because many people prefer figures with hexagonal bases because they have clearly defined arcs and facings, tesselate neatly for group combats, and are preferable for certain wargames (pages 2 and 7-10). Additionally, it would have been obvious to choose from a finite number of identified, predictable figure base shapes to accommodate, including circular, square, or hexagonal, with a reasonable expectation of success.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Flex Tray Kit as evidenced by Miniature Base Bottoms.
Regarding claim 17, Flex Tray Kit does not disclose the magnetic base including a plurality of magnets. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to duplicate magnet parts. The mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Allowable Subject Matter
Claim 4 is 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.
Claim 10 would be allowable if rewritten, as suggested by the examiner in paragraph 6 above, to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, set forth in this Office action and to include 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: Regarding claim 4, the combination including each side of the plurality of sides including an attachment piece and a receiving piece, and wherein the attachment piece of a first side of the first modular platform is configured to be received within the receiving piece of a first side of the at least the second modular platform, and the receiving piece of the first side of the first modular platform is configured to receive the attachment piece of the first side of the at least the second modular platform in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 10, the combination including the at least one connecting piece including four sides, wherein a first side includes a first attachment piece and a first receiving piece and a second side, opposite the first side, includes a second attachment piece and a second receiving piece in the invention as claimed is neither disclosed nor rendered obvious by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Emricson (US 11,110,340 B1) which discloses modular assembly of a gaming map and Filip (US 9,033,760 B2) which discloses a modular display for war gaming figurines.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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, Eugene Kim can be reached at (571)272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711
