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 .
Notice to Applicant
Claims 1-20 have been examined in this application. This communication is the first action on the merits of these claims.
Claim Objections
Claim 1 is objected to because of the following informalities: “a force applied user’s foot” in line 8 appears to be missing a word and should be amended to, for example, “a force applied by a user’s foot”. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: “wherein the recessed surface substantially parallel to the plane” appears to be missing a word and should be amended to, for example “wherein the recessed surface is substantially parallel to the plane”.
Claim 17 is objected to because of the following informalities: “wherein the recessed surface substantially parallel to the plane” appears to be missing a word and should be amended to, for example “wherein the recessed surface is substantially parallel to the plane”.
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 15 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.
Regarding claim 15, the limitation “a support surface” in line 8 renders the claim indefinite because it is unclear if this is the same support surface previously recited in lines 4-5 or if it is a new support surface.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-19 are rejected under 35 USC 102(a)(1) and 102(a)(2) as being anticipated by US Patent Application Number 2001/0039221 by Schneider.
Regarding claim 1, Schneider discloses a pet toy comprising:
A body having a center (body 24); and
A foot portion coupled to and extending form the body, the foot portion including:
A plurality of fins coupled to the body and extending substantially radially out from a line passing through the center of the body (tail fins 26), each of the plurality of fins having a distal end adapted to contact a support surface when the pet toy is positioned in a substantially upright position relative to a support surface (see Figure 2a), the plurality of fins being arranged and dimensioned so that a force applied user’s foot to at least one fin of the plurality of fins is configured to cause the pet toy to move from a non-upright position to the substantially upright position (tail fins 26 provide a place for a user’s foot to find purchase, and the fins are equally spaced around the circumference of the body so that when two fins contact the ground in either a three-fin or four-fin configuration, a fin extends upwardly to allow a user’s foot to apply force, and can thus be configured to move the toy to the standing position as shown in Figure 2a).
Regarding claims 2 (dependent on claim 1), 10 (dependent on claim 9), 18 (dependent on claim 15), Schneider discloses each fin of the plurality of fins includes a rounded corner (see the rounded shape of the fins 26 in the Figures).
Regarding claim 3 (dependent on claim 1)¸ Schneider discloses the plurality of fins include three fins (Figures 9-12 shows embodiments with three tail fins), wherein a first fin and a second fin are adapted to contact a support surface with the pet toy in the non-upright position, wherein a third fin is extending upward in a substantially vertical direction with the pet toy in the non-upright position (Figure 11 shows the fins being spaced equidistantly, which would cause two fins to contact a support surface in a non-upright position while the third extends substantially vertically).
Regarding claims 4 (dependent on claim 1), 13 (dependent on claim 9), Schneider discloses a first fin of the plurality of fins is angularly spaced apart from a second fin of the plurality of fins by approximately 120 degrees. Figure 11 shows the three fins being spaced equidistantly, and thus they are spaced apart by approximately 120 degrees.
Regarding claim 7 (dependent on claim 1)¸ Schneider discloses the foot portion includes a recessed surface extending along a first plane (the recessed portions between tail fins 26 extend along a variety of planes), wherein the distal end of each fin of the plurality of fins intersects a second plant, the second plant offset from the first plane, the distal end of each fin of the plurality of fins configured to contact a support surface with the pet toy in the substantially upright position (see Figure 2a).
Regarding claims 8 (dependent on claim 1), 14 (dependent on claim 9), 19 (dependent on claim 15), Schneider discloses each fin of the plurality of fins includes an angular annular width that is greater than an angular annular distance between adjacent fins of the plurality of fins. Figure 6 shows each fin 26 having an angular annular width along curved perimeter 32 that is greater than the distance between the fins.
Regarding claim 9, Schneider discloses a pet toy comprising:
A spheroid portion having a center (body 24); and
A foot portion coupled to the spheroid portion, the foot portion including:
A plurality of fins coupled to the spheroid portion, the plurality of fins extending substantially radially out from a line passing through the center of the spheroid portion (tail fins 26) and defining a recessed surface therebetween (recessed portions between tail fins 26), each fin of the plurality of fins having a distal end extending away from the recessed surface, wherein the distal ends of a first fin and a second fin of the plurality of fins are adapted to contact a support surface with the pet toy in an non-upright position, wherein a third fin of the plurality of fins is arranged and dimensioned to extend substantially upward with the pet toy in the non-upright position (Figure 11 shows three fins being spaced equidistantly, which would cause two fins to contact a support surface in a non-upright position while the third extends substantially vertically), the third fin adapted to receive a force applied by a user’s foot to move the pet toy from the non-upright position to a substantially upright position (tail fins 26 provide a place for a user’s foot to find purchase, and the fins are equally spaced around the circumference of the body so that when two fins contact the ground in either a three-fin or four-fin configuration, a fin extends upwardly to allow a user’s foot to apply force, and can thus be configured to move the toy to the standing position as shown in Figure 2a).
Regarding claim 11 (dependent on claim 9), Schneider discloses each fin of the plurality of fins includes a top end coupled to the spheroid portion, the top ends defining a first plane (top end of fins 12 in Figure 2a), wherein the distal ends of the plurality of fins define a second plane (bottom ends of fins 12 in Figure 2a), wherein the recessed surface is positioned closer to the second plane than to the first plane (Figure 2a shows the recessed surface being between the fins 12 and below the body 10, which is closer to the plane defined by the bottom ends of the fins than the plane defined by the top ends).
Regarding claims 12 (dependent on claim 9), 17 (dependent on claim 15), Schneider discloses the distal ends of the plurality of fins define a plane (see bottom of fins 12 in Figure 2a), wherein the recessed surface is substantially parallel to the plane (Figure 2a shows the space between the fins forming a recessed surface that extends through many planes, including ones that are substantially parallel to the plane defined by the bottom of fins 12).
Regarding claim 15, Schneider discloses a method of manufacturing a pet toy comprising:
Forming a body of the pet toy, the body having a center (body 24); and
Forming a foot portion integrally coupled to the body, the foot portion forming a stand for the body to position the pet toy in a substantially upright position relative to a support surface (see Figure 2a), the foot portion including:
A plurality of fins coupled to the body and extending substantially radially out from a line passing through the center of the body (tail fins 26), each of the plurality of fins having a distal end adapted to contact the support surface when the pet toy is positioned in a substantially upright position relative to a support surface (see Figure 2a), the plurality of fins being arranged and dimensioned so that a force applied by a user’s foot to at least one fin of the plurality of fins is configured to cause the pet toy to move from a non-upright position to the substantially upright position (tail fins 26 provide a place for a user’s foot to find purchase, and the fins are equally spaced around the circumference of the body so that when two fins contact the ground in either a three-fin or four-fin configuration, a fin extends upwardly to allow a user’s foot to apply force, and can thus be configured to move the toy to the standing position as shown in Figure 2a).
Regarding claim 16 (dependent on claim 15), Schneider discloses the foot portion includes a recessed surface positioned between the plurality of fins (see recessed portion between fins 26), wherein a top end of each fin of the plurality of fins is coupled to the body (top end of fins 12 in Figure 2a), wherein the distal ends of the plurality of fins define a second plane (bottom ends of fins 12 in Figure 2a), wherein the recessed surface is positioned closer to the second plane than to the first plane (Figure 2a shows the recessed surface being between the fins 12 and below the body 10, which is closer to the plane defined by the bottom ends of the fins than the plane defined by the top ends).
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.
Claims 5, 6, 20 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2001/0039221 by Schneider in view of US Patent Number 5,676,611 to Foster.
Regarding claims 5 (dependent on claim 1), 20 (dependent on claim 15), Schneider does not disclose the body includes a first foam portion, a second foam portion coupled to the first foam portion, and a cavity defined between the first foam portion and the second foam portion. However, this limitation is taught by Foster. Foster discloses a foam football having a body separated into two foam portions with a cavity defined between (see Figure 2). It would be obvious to a person having ordinary skill in the art to modify Schneider using the teachings from Foster in order to make the ball more lightweight and comfortable.
Regarding claim 6 (dependent on claim 5), Schneider as modified by Foster further teaches the first foam portion and the second foam portion extend from the body into the foot portion. Figure 2 of Foster shows the divide between the body portions extending along the longitudinal length of the football, and Schneider shows the tail fins 26 starting before the back tip of the football. A divide that extends all the way to the rear tip of the football of Schneider would therefore cause both portions to extend from the foam body into the foot portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Josh 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.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642