A 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 § 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 1-10 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.
The phrase “substantially hollow” in claims 1 and 10 is a relative phrase which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unknown what variations in configuration would be considered as forming a “substantially hollow” head as claimed since any gap or space provided within the head regardless of size would make it hollow and as such what variations are permissible is unascertainable.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Badie (2019/0275436). Badie discloses a reversible plush device having a fabric body (190) with a top surface (192) and a bottom surface (194) extending from a central aperture to a perimeter edge (Figs. 6-7) and a plush toy (102) attached to the central aperture of the fabric body via a fastener (180) and defining a first head portion (104) and a second head portion (104) that are both hollow (Figs. 1-2 & 7-8). The plush toy is adapted to be moved from a first configuration wherein the second head portion is stored within the first head portion through the central aperture and a second configuration wherein the first head portion is stored within the second head portion (Figs. 1-2, 7-8, 10-14). The first and second head portions each have a lower edge, a front portion, a rear portion and a top portion, wherein the lower edges are attached to the fabric body (Figs. 1-2 & 7-8). The first and second head portions can further be configured to have distinct shapes and distinct character facial features on the front portions (paragraph 32). The top and bottom surfaces can be formed of different materials with different colors and different textures or patterns (paragraphs 35, 40 & 42). In regard to the device being a combination reversible blanket and plush, the examiner notes that language provided solely in the preamble is not considered a limitation and has no significance in the claim construction.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (2012/0108141). Zhang discloses a reversible plush device having a fabric body (220) with a top surface (230) and a bottom surface (360) extending from a central aperture (14) to a perimeter edge (Fig. 8) and a plush toy (10) attached to the central aperture of the fabric body via a fastener (140) and defining a first head portion (Fig. 11) and a second head portion (Fig. 12) that are both hollow (paragraph 37). The plush toy is adapted to be moved from a first configuration wherein the second head portion is stored within the first head portion through the central aperture and a second configuration wherein the first head portion is stored within the second head portion (Figs. 11-12, paragraphs 41-46). The device further has a first pair of arms (240, 250) attached to a top surface of the fabric body adjacent the first head portion and a second pair of arms (240, 250) attached to the bottom surface adjacent the second head portion (Figs. 11-12, paragraph 37). In regard to the device being a combination reversible blanket and plush, the examiner notes that language provided solely in the preamble is not considered a limitation and has no significance in the claim construction.
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) 7, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Badie as applied above and further in view of Webb (2023/0241524). Badie discloses the basic inventive concept with the exception of having a securing mechanism for closing the lower edges including an elastic portion. Webb discloses a reversible plush device convertible between first and second configurations having a lower edge with a securing portion in the form of an elastic portion (26) for aiding in the closing of the lower edges after being converted (paragraphs 22 & 24). It would have been obvious to one of ordinary skill in the art from the teaching of Webb to include an elastic portion at the lower edge for the predictable result of making it easier to convert the device between the different configurations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 2007/0287137, 5638561, 4750225, 4204362 and 3308479.
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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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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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
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