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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bruce, U.S. Patent Application Publication No. 2025/0186897 A1; herein Bru in view of Salyer et al., U.S. Patent Application Publication No. 2024/0306607 A1; herein Sal.
Re claim 1, Bru discloses a pet toy comprising:
a surface (best seen in fig. 1, 6-13, & 17-18, the outer-most surface of the stuffed animal; 101) and a body (the central portion of 102b; the body, fig. 1-5 & 13);
a pocket (103e; the pocket, fig. 1, 3, 5-6, 8, 10, & 12-18) underneath the surface (best seen in fig. 12, the pocket extends beneath the surface of the pet toy) wherein the pocket has a front side (fig. 1, 3, 5-6, 8, 10, & 12-18, formed by the front pocket flap);
a sound-producing apparatus disposed within the pocket (para 12, 38, 40, & 47-48, wherein the simulant disposed within the pocket produces a sound or crinkle), and wherein the sound-producing apparatus is disposed externally to the body (para 41 & 48, the limbs extend from the body but are external to the main body);
a backing within the pet toy body (para 17, 41, & 44-45, wherein the stuffed animal is filled with a PP cotton to allow for the puppet to also be used as a stand-alone toy);
wherein when external pressure is applied to the front side of the pocket, sound is produced by the sound-producing apparatus (para 12, 38, 40, & 47, the simulant produces crinkle which is a sound produced by any strong enough applied force).
Bru fails to disclose wherein the sound-producing apparatus comprises a bladder. However, Sal discloses a sound-producing apparatus (190; the speaker, fig. 5), comprising a bladder (191; the bladder, fig. 5).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein the sound-producing apparatus comprises a bladder however, Sal discloses a squeaker as an equivalent stimulant to crinkle paper, a commonly used crinkle producing noisemaker. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toy/puppet of Bru by utilizing a simple substitution of the known crinkle stimulant taught by the prior art for the squeaker from Bru in order to obtain the predictable result of a stimulating toy. See MPEP 2143 I. (B).
Re claim 2, the combination of Bru and Sal discloses the invention of claim 1, Bru further discloses wherein the backing is comprised of fill in the toy body (para 44, the PP fill), adjacent to the pocket (para 45, in order to function as a normal toy, the PP fill needs to be at a certain pressure adjacent to the pocket to allow the toy to stand on the limbs).
The combination of Bru and Sal discloses the claimed invention except for the backing being polyester fill. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to utilize polyester fill since it is a known dog toy stuffing and considered interchangeable with polyester fill in the art since both are inexpensive and widely available, since it has been held that selecting a known material on the basis of its suitability for the intended use supports a prima facie obviousness determination. See MPEP 2144.07.
Re claim 3, the combination of Bru and Sal discloses the invention of claim 1, Bru further discloses wherein the pocket forms a raised area on the surface of the pet toy (fig. 1, 3, 5-6, 8, 10, & 12-18).
Re claim 4, the combination of Bru and Sal discloses the invention of claim 3, Bru further discloses wherein the pocket contains a filler material (112; the pouch, fig. 1, 3, 5-6, 8, 10, & 12-18).
Re claim 5, the combination of Bru and Sal discloses the invention of claim 1, Bru as modified by Sal further discloses further comprising a second sound-producing apparatus encapsulated in a second pocket (fig. 1, 3, 5-6, 8, 10, & 12-18, wherein one of the other pockets also comprises a crinkle sheet or squeaker).
Re claim 6, the combination of Bru and Sal discloses the invention of claim 1, Bru as modified by Sal further discloses a second, third, and fourth sound- producing apparatus, encapsulated in a second, third, and fourth pocket, respectively (fig. 1, 3, 5-6, 8, 10, & 12-18, wherein each of the other pockets also comprises a crinkle sheet or squeaker).
Re claim 7, the combination of Bru and Sal discloses the invention of claim 1, Bru further discloses wherein the toy is in the form of a cat (para 41, wherein the stuffed animal is a cat).
Re claim 8, the combination of Bru and Sal discloses the invention of claim 6, Bru further discloses wherein the sound-producing apparatus are lined up incrementally along the surface of the pet toy (fig. 1, 3, 5-6, 8, 10, & 12-18).
Re claim 9, the combination of Bru and Sal discloses a pet toy comprising:
a body (the central portion of 102b; the body, fig. 1-5 & 13) and a surface (best seen in fig. 1, 6-13, & 17-18, the outer-most surface of the stuffed animal; 101) surrounding the body (fig. 1 & 13, the surface encompasses the entire stuffed animal including the body thereof);
a first chamber sized (the bottom left 103e; the pocket, fig. 1, 3, 5-6, 8, 10, & 12-18) to contain a sound maker (para 12, 38, 40, & 47, wherein the simulant disposed within the pocket produces a sound or crinkle);
a second chamber (the bottom right 103e; the pocket, fig. 1, 3, 5-6, 8, 10, & 12-18) sized to contain a second sound maker (para 12, 38, 40, & 47-48, wherein the simulant produces a sound or crinkle), wherein the second chamber is isolated from the first chamber (fig. 1, 3, 5-6, 8, 10, & 12-18, the pockets are on separate limbs or are otherwise isolated by a gap);
wherein the first and the second sound maker are disposed externally to the body (para 41 & 48, the limbs extend from the body but are external to the main body);
wherein the first chamber and the second chamber are disposed underneath the surface (best seen in fig. 12, the pocket extends beneath the surface of the pet toy), adjacent to the surface of the pet toy (see id.);
wherein the first and second chambers are each sized and contain a material that provides compressible reaction that activates the first and second sound makers when pressure is applied onto the surface of the toy adjacent to where the first and second sound makers are located (para 12, 38, 40, & 47, the simulant produces crinkle which is a sound produced by any strong enough applied force including compression).
Bru fails to disclose the first and second sound maker being a squeaker. However, Sal discloses a squeaker for stimulating a pet (para 24, the noisemaker being a squeaker the engages the animal with the noise).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose the first and second sound maker being a squeaker however, Sal discloses a squeaker as an equivalent stimulant to crinkle paper, a commonly used crinkle producing noisemaker. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toy/puppet of Bru by utilizing a simple substitution of the known crinkle stimulant taught by the prior art for the squeaker from Bru in order to obtain the predictable result of a stimulating toy. See MPEP 2143 I. (B).
Re claim 10, the combination of Bru and Sal discloses the invention of claim 9, Bru further discloses wherein the first and second chambers each form a raised area on the surface of the pet toy (fig. 1, 3, 5-6, 8, 10, & 12-18).
Re claim 11, the combination of Bru and Sal discloses the invention of claim 9, Bru as modified by Sal further discloses wherein the body contains a filler (para 44, the PP fill) of sufficient density to create a firmness such that sound is produced by the first and second squeakers when pressure is applied onto the surface of the toy adjacent to where the first and second squeakers are located (para 45, in order to function as a normal toy the PP fill needs to be at a certain firmness to allow the toy to stand on the limbs, such a firmness would also allow a strong enough applied force or pressure near the stimulants to active the sound).
Re claim 12, the combination of Bru and Sal discloses the invention of claim 9, Bru further discloses wherein the toy is in the form of a cat (para 41, wherein the stuffed animal is a cat).
Re claim 13, the combination of Bru and Sal discloses the invention of claim 9, Bru as modified by Sal further discloses a third squeaker within a third chamber (fig. 1, 3, 5-6, 8, 10, & 12-18, wherein the band pocket also comprises a crinkle sheet or squeaker), and wherein the third squeaker is disposed externally to the body (para 48 & 50, the band is an external segment to the body).
Re claim 14, the combination of Bru and Sal discloses the invention of claim 13, Bru as currently modified by Sal further discloses wherein the first, second, and third squeakers are lined up along the pet toy (fig. 1, 12, & 15-18, the stimulants are lined up horizontally).
The combination currently fails to disclose wherein the first, second, and third squeakers are lined up vertically along the pet toy. However, Sal further discloses a toy having a first, second, and third pocket that are vertically aligned (fig. 3).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein the first, second, and third squeakers are lined up vertically along the pet toy however, Sal discloses a mechanism that would allow for such positioning of the simulant. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the prior art elements of the hook and loop sections as taught by Sal to the limbs of the prior art to yield the predictable result of allowing for a larger area of stimulant of the pet to engage with. See MPEP 2143 I. (A).
Re claim 15, the combination of Bru and Sal discloses the invention of claim 13, Bru further discloses wherein the first, second, and third squeakers are lined up horizontally along the pet toy (fig. 1, 12, & 15-18, the stimulants are lined up horizontally).
Re claim 16, Bru discloses a toy comprising;
a body (the central portion of 102b; the body, fig. 1-5 & 13);
a pocket (103e; the pocket, fig. 1, 3, 5-6, 8, 10, & 12-18), having a front side (fig. 1, 3, 5-6, 8, 10, & 12-18, formed by the front pocket flap) and a back side (fig. 1, 3, 5-6, 8, 10, & 12-18, formed by the rear pocket flap);
a sound maker that is disposed within the pocket (para 12, 38, 40, & 47-48, wherein the simulant disposed within the pocket produces a sound or crinkle),
and wherein the sound maker is disposed externally to the body (para 41 & 48, the limbs extend from the body but are external to the main body);
a backing adjacent to the back side of the pocket (para 17, 41, & 44-45, wherein the stuffed animal is filled with a PP cotton to allow for the puppet to also be used as a stand-alone toy and the hand would also constitute such a backing if inserted therein), wherein the backing comprises a filler of sufficient density and firmness such that when the toy is against a surface, and external pressure is applied to the front side of the pocket, the sound maker is activated as external pressure is applied and released (para 12, 38, 40, & 47, the simulant produces crinkle which is a sound produced by any strong enough applied force).
Bru fails to disclose wherein the sound maker is a squeaker having a hollow cavity. However, Sal discloses a sound maker that is a squeaker (190; the speaker, fig. 5) having a hollow cavity (191; the bladder, fig. 5), such that when an external pressure is applied the sound maker is activated by air moving through it, into and out of the hollow cavity, as external pressure is applied and released (para 41, via the bladder and whistles relationship).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein the sound maker is a squeaker having a hollow cavity however, Sal discloses a squeaker as an equivalent stimulant to crinkle paper, a commonly used crinkle producing noisemaker. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toy/puppet of Bru by utilizing a simple substitution of the known crinkle stimulant taught by the prior art for the squeaker from Bru in order to obtain the predictable result of a stimulating toy. See MPEP 2143 I. (B).
Re claim 17, the combination of Bru and Sal discloses the invention of claim 16, Bru further discloses wherein the pocket forms a raised area on the toy (fig. 1, 3, 5-6, 8, 10, & 12-18).
Re claim 18, the combination of Bru and Sal discloses the invention of claim 16, Bru as modified by Sal further discloses a second squeaker disposed within a second pocket and a third squeaker disposed within a third pocket (fig. 1, 3, 5-6, 8, 10, & 12-18, wherein each of the other pockets also comprises a crinkle sheet or squeaker).
Re claim 19, the combination of Bru and Sal discloses the invention of claim 16, Bru further discloses wherein the pocket contains a filler material (112; the pouch, fig. 1, 3, 5-6, 8, 10, & 12-18).
Re claim 20, the combination of Bru and Sal discloses the invention of claim 18, Bru further discloses wherein the first, second, and third squeakers are disposed incrementally on the toy (fig. 1, 3, 5-6, 8, 10, & 12-18).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE P MACCRATE whose telephone number is (571)272-5215. The examiner can normally be reached M-Th: 9am-5pm EST.
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, Joshua J Michener can be reached at 571-272-1467. 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.
/NICOLE PAIGE MACCRATE/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights