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 .
Election/Restrictions
Applicant’s election without traverse of species A (claims 1-6, 8-9, and 11-17) in the reply filed on 07/13/2026 is acknowledged.
Claims 7, 10, and 18-22 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/13/2026.
Information Disclosure Statement
The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98. 37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 CFR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report have not been considered. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97, including all timing statement requirements of 37 CFR 1.97(e). See MPEP § 609.05(a).
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
Color/black and white photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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 “circuit board having a connector port” (currently, only the cap with connector aperture 138 is shown) 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 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) 1-3, 5-6, 8-9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dingle; Christopher K. (US 20170189768 A1).
Regarding claim 1 Dingle discloses a throwing toy for a pet (Fig. 8); [0001] comprising: an outer housing (301); a sensor [0049]; [0059] adapted to detect a state of the throwing toy; and a controller (307) disposed in the outer housing and adapted to receive input data associated with the state [0029]; [0039], said controller being operable to provide audible, visual, or haptic feedback based on the state [0053].
Regarding claim 2 Dingle, as shown above, discloses all of the limitations of claim 1. Dingle further discloses a speaker (305); [0049] disposed in the outer housing and operatively connected to the controller, said speaker being configured to emit the audible feedback to an external environment.
Regarding claim 3 Dingle, as shown above, discloses all of the limitations of claim 1. Dingle further discloses wherein the throwing toy further comprises: an LED disposed in the outer housing and operatively connected to the controller, said LED being configured to emit light to an external environment [0038].
Regarding claim 5 Dingle, as shown above, discloses all of the limitations of claim 1. Dingle further discloses wherein the sensor comprises at least one of: a pressure sensor, a piezoelectric device, an accelerometer, a spring-based sensor, and a haptic device [0059].
Regarding claim 6 Dingle, as shown above, discloses all of the limitations of claim 1. Dingle further discloses wherein the throwing toy further comprises: an inner housing (Fig. 8; 304, 311, 316) disposed in the outer housing and dimensioned to receive a circuit board (307) and a battery (312), said circuit board comprising the controller, and said battery adapted to supply power to the throwing toy [0050].
Regarding claim 8 Dingle, as shown above, discloses all of the limitations of claim 1. Dingle further discloses wherein the throwing toy further comprises a cover (320) removably attached to the outer housing, said cover being removable to access the inner housing [0051].
Regarding claim 9 Dingle, as shown above, discloses all of the limitations of claim 8. Dingle further discloses wherein the cover is adapted to sealingly engage with the outer housing to inhibit water ingress in the inner housing [0051].
Regarding claim 11 Dingle, as shown above, discloses all of the limitations of claim 8. Dingle further discloses wherein the controller is a wireless controller, said wireless controller being configured to wirelessly communicate with a remote device for receiving inputs by a user (abstract); [0005].
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dingle; Christopher K. (US 20170189768 A1) in view of FALBAUM; Erica (US 20190069518 A1).
Regarding claim 4 Dingle, as shown above, discloses all of the limitations of claim 3. Dingle does not disclose wherein the outer housing is translucent such that the light transmitted via the LED is visible outside of the outer housing.
Falbaum teaches wherein the outer housing is translucent such that the light transmitted via the LED is visible outside of the outer housing [0010].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the outer housing to be translucent, as taught by Falbaum, for enhanced aesthetics.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dingle; Christopher K. (US 20170189768 A1).
Regarding claim 13 Dingle, as shown above, discloses all of the limitations of claim 1. Dingle further discloses a foam material [0048]; (which is a known buoyant material). However, Dingle does not explicitly disclose the throwing toy is positively buoyant in water.
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 foam material to be a material which renders the toy positively buoyant in water, in order to increase the available gameplay locations, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dingle; Christopher K. (US 20170189768 A1) in view of Gutierrez; Santiago (US 20170064926 A1).
Regarding claim 14 Dingle discloses a throw toy for a pet, said throw toy comprising: an outer housing (Fig. 8; 301, 303) and a cover (320) dimensioned to enclose the outer housing; said outer housing defining one or more sound apertures [0049] to facilitate transmitting sound therethrough; an LED light [0038]; a speaker (305) disposed in the outer housing; a sensor [0049]; [0059] adapted to detect a state of the throw toy; and a circuit board enclosure (304, 311, 316) disposed in the outer housing and dimensioned to receive a circuit board, said circuit board comprising a controller [0049], said controller comprising logic to emit a sound and/or a light based on the state [0053],
Dingle does not disclose said circuit board comprising a connector port, and said connector port being configured to receive a connector to electrically couple the circuit board to the connector.
Gutierrez teaches said circuit board comprising a connector port (Fig. 2; 204; 212), and said connector port being configured to receive a connector to electrically couple the circuit board to the connector [0063].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the circuit board of Dingle to include a connector port, as taught by Gutierrez, in order to provide power charging capabilities and data exchange [0067].
Regarding claim 15 Dingle in view of Gutierrez, as shown above, discloses all of the limitations of claim 14. Dingle further discloses wherein the cover is adapted to sealingly engage the outer housing to inhibit water ingress [0051].
Regarding claim 16 Dingle in view of Gutierrez, as shown above, discloses all of the limitations of claim 14. Dingle further discloses wherein the throw toy further comprises a cap (319) removably attached to the circuit board enclosure.
Dingle in view of Gutierrez does not disclose, said cap defining a first aperture dimensioned to receive the connector port threrethrough, and a second aperture dimensioned to receive a button therethrough. It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the cap of Dingle in view of Gutierrez to include two apertures, in order to access the internal components more easily.
Regarding claim 17 Dingle in view of Gutierrez, as shown above, discloses all of the limitations of claim 14. Dingle further discloses wherein the circuit board enclosure defines a sound aperture (304) dimensioned to receive a waterproof membrane therein (device is dimensioned and capable of receiving a waterproof membrane, and thus meets the functional limitation of the claim).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to toys similar to the disclosed invention.
US 20180188850 A1
US 20110304497 A1
US 20130167290 A1
US 20190069518 A1
US 20220219047 A1
US 12219929 B1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm PST.
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, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
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