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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu (US 2002/0083937) in view of Song (CN2439012).
Regarding claim 1, Fu shows a confetti cannon device comprising: a compressed air cartridge (11) having an interior space (22) receiving compressed air; a cap unit (24, 51, 53, 56) including a cap (24) airtightly and removably coupled with the compressed air cartridge, wherein the cap unit further includes a movable firing string (53) configured to be airtightly coupled with and movable relative to the compressed air cartridge and the cap, and wherein the firing string is movable between a standby position (non-discharge) and a push position (discharge)[0024]; and a safety unit (36, 46,47,48) mounted outside of the cap unit, wherein the safety unit is configured to be set in either of an unfired state (non-discharge) and a firing state (discharge), wherein the safety unit remains in the unfired state when the firing pin is in the standby position (figure 2), wherein when the firing pin is in the push position (figure 4), the safety unit is switched to the firing state, the cap disengages from the compressed air cartridge, permitting the compressed air in the compressed air cartridge to eject confetti into air (figure 4).
Fu fails to show a firing pin and instead shows a firing string (53). Song shows it is well known in the art to include a firing pin (8) for release of gas. It would have been obvious to one of ordinary skill in the art to replace the string of Fu with a pin as taught by Song since they are functional equivalents and serve the same purpose (releasing). Replacing one known release means with another is considered within the level of ordinary skill of a worker in the art and would yield predictable results.
Please note that a “push position” can be interpreted with BRI as the confetti being pushed through the tube. The claim does not require vertical/axial movement of the pin through the cap.
Regarding claim 2, Fu in view of Song show the confetti cannon device as claimed in claim 1, further comprising a safety member (30) mounted outside of the safety unit, wherein the safety member is movable between a safety position (fig 2) and a non-safety position (fig 4), wherein when the safety member is in the safety position, the safety unit remains in the unfired state, and the firing pin remains in the standby position (fig 2), and wherein when the safety member is in the non-safety position, the firing pin is movable to the push position, and the safety unit is permitted to enter the firing state (fig 4).
Regarding claim 3, Fu in view of Song show the confetti cannon device as claimed in claim 2, wherein the safety unit further includes a pressing member (48) pivotably mounted above the cap and an outer coupling member (46,47) which is pivotable, wherein when the safety member is in the safety position, the pressing member is not pivotable to prevent pivotal movement of the outer coupling member (fig 2), wherein when the safety member is in the non-safety position, the pressing member is pivotable (fig 4), wherein when the firing pin is in the standby position (fig 2), the outer coupling member remains unmoved, wherein when the firing pin moves from the standby position to the push position, the outer coupling member is pivoted by the firing pin to push the pressing member to pivot (fig 4), the safety unit is switched to the firing state, and the cap is pushed by the compressed air in the compressed air cartridge to thereby disengage from the compressed air cartridge (fig 4).
Allowable Subject Matter
Claims 4-20 are 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.
Regarding claim 4, prior art fails to show an inner coupling member with a through hole.
Claim 5 depends from 4.
Regarding claim 6, prior art fails to show a connecting member with a channel and notch.
Regarding claim 7, prior art fails to show a cap with an engaging hole.
Claims 8-10 depend from 7 and 8.
Regarding claim 11, prior art fails to show a connecting member axial moveable.
Claims 12-16 depend from 11, 12, 13 and 14.
Regarding claim 17, prior art fails to show the end of the coupling tube pushes the safety member and the firing pin is prevented from moving
Claims 18-20 depend from 17 and 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTINA ROSE FULTON whose telephone number is (571)272-7376. The examiner can normally be reached M-F 8-4pm.
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/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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