Patent Application 16056080 - COMBINATION ARTICLES OF ENTERTAINMENT COMPRISING

Title: COMBINATION ARTICLES OF ENTERTAINMENT COMPRISING COMPLEMENTARY ACTION FIGURE AND RECONFIGURABLE CASE THEREFOR

Application Information

Invention Title: COMBINATION ARTICLES OF ENTERTAINMENT COMPRISING COMPLEMENTARY ACTION FIGURE AND RECONFIGURABLE CASE THEREFOR
Application Number: 16056080
Submission Date: 2025-05-21T00:00:00.000Z
Effective Filing Date: 2018-08-06T00:00:00.000Z
Filing Date: 2018-08-06T00:00:00.000Z
National Class: 446
National Sub-Class: 297000
Examiner Employee Number: 81450
Art Unit: 3711
Tech Center: 3700

Rejection Summary

102 Rejections: 0
103 Rejections: 4

Cited Patents

The following patents were cited in the rejection:

US 6572436🔗
US 0117494🔗

Office Action Text

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 § 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) 22, 27, 28 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over So (6572436) and Sheller (2007/0117494). So discloses a transformable case (Fig. 1) with toy objects mounted therein (15-17) that could be configured to define a playground (column 2 lines 46-51) having only three exterior rectangular panels defined by a first bottom exterior panel, a second side exterior panel and a third side exterior panel, wherein the side exterior panels each include sidewalls along three sides to extend the sidewalls over a portion of a perimeter of each of the side panels (Fig. 2). A plurality of panel connectors connect the exterior panels to each other and include a first hinge panel connector defining a first axis of rotation and a second hinge panel connector defining a second axis of rotation parallel to the first (Fig. 2). The case is configured while the toy objects are mounted therein to stably assume and reversibly transform between a flattened rectangular prism shape defining a closed configuration with the toy objects enclosed within the case and an open display configuration defined by a standing surface in which the toy objects extend perpendicularly from the standing surface and are unenclosed by the display case when the side panels are rotated 270 degrees from the closed configuration to the open configuration (Figs. 1-3). In the closed configuration the case has a maximum length to width ratio of 1 by defining a square and a maximum depth that is less than the maximum length and width (Figs. 1-3). So discloses the basic inventive concept, with the exception of the toy object including an action figure configured on a mount and interior panels connected to an exterior panel by a panel connector. Sheller discloses a bottom surface panel (27H) configured as a playground (Fig. 27) having mount attachments (27C, 27L, 27N, 27K) for action figures (27A-B & 27F-G) and accessory panels (27E, 27D) attached to the bottom panel by panel connectors for rotation relative to the bottom panel (Fig. 27), wherein the action figures include a stand with an aperture for reversibly detaching from and attaching to the mounts (Fig. 1) and the mounts are adapted to stably assume and transform due to a spring between a compressed or collapsed attachment configuration and an expanded detachment configuration to provide an expanded surface for the action figure (Fig. 27). At least one mount (27A) includes a mount connection formed as a spring to create a hinge that is connected to the bottom panel by a panel connector hinge of the accessory panel (Fig. 27). It would have been obvious to one of ordinary skill in the art from the teaching of Sheller to include action figures, mount attachments and accessory panels to the case of So for the predictable result of creating a more dynamic and interesting scene with increased play value. The combination creates a configuration in which the accessory panels would form interior panels positioned within the exterior panels of the case.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over So and Sheller as applied for claim 31 above. So and Sheller disclose the basic inventive concept with the exception of the action figure being generally flat by having a maximum depth of a half an inch or less and the case having in the closed configuration a maximum depth of an inch or less and a maximum length between 2.5-5.75 inches. In regard to the particular dimensions of the depth of the action figure being a half inch or less and a maximum length between 2.5-5.75 inches, the examiner notes that recitations of relative dimensions have been held to not provide a patentable distinction where the claimed dimensions would not cause the device to perform differently than the prior art. See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claim(s) 24, 32 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over So and Sheller as applied above and further in view of Sugimoto (WO2011/132796A1). So and Sheller disclose the basic inventive concept with the exception of the panel connectors including an intermediate structure such that the first, second and third exterior panels do not form a contiguous structural element. Sugimoto discloses an article of entertainment having an action figure (221) and a case (Figs. 1 & 9) with a mount (242) for attaching to the action figure (Fig. 10) and a plurality of generally rectangular first (207), second (202) and third (201) exterior panels (Figs. 6 & 9), wherein with the action figure on the mount, the case is adapted to stably and reversibly transform between a closed rectangular prism configuration (Fig. 1) and an open display configuration (Figs. 5-6) that defines a horizontal standing surface on which the action figure is perpendicularly arranged so as to be unenclosed by and displayed upon the case. The panels do not form a contiguous structural element due to the panel connector hinges having intermediate structures such as male (210) and resulting female connectors formed therebetween and a spring (215) for connecting the panels (Fig. 5). Since both So and Sugimoto disclose hinged cases configured to transform between closed and open configurations, it would have been obvious to one of ordinary skill in the art from the teaching of Sugimoto to configure the panel hinge connectors of So with intermediate structures creating non-contiguous panels for the predictable result of providing enhanced functionality by enabling the case to be transformed automatically between the different configurations creating a more dynamic and interesting transformation.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over So and Sheller as applied for claim 27 above and further in view of Bernstein (20170076343). So and Sheller disclose the basic inventive concept with the exception of the interior panel being a placard panel. Bernstein discloses a case (Fig. 2) for an action figure (300) with a mount (400) on which the action figure can be reversibly attached and detached (Figs. 3 & 4) and a plurality of panels connected by hinges to allow the case to be transformed between a closed configuration (Fig. 2) and an open configuration (Fig. 3) for displaying the action figure (Figs. 2-5). Interior portions within the case can define placards by including stickers or patterns to convey information related to the action figure (paragraph 31). It would have been obvious to one of ordinary skill in the art from the teaching of Bernstein to modify So and Sheller to have an interior panel configured as a placard panel as taught by Bernstein for the predictable result of making the article more visually appealing and interesting to a user by providing enhanced coordination with the action figure.
Allowable Subject Matter
Claims 26 and 30 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art failed to disclose the article of entertainment as presented in claim 31 which is configured to have only three exterior panels and further configured with the first panel rotating about 270 degrees during transformation, the second exterior panel rotating about 90 degrees about the first hinge relative to the first panel and the third panel rotating about 180 degrees about the second hinge relative to the second exterior panel during transformation.
The following is a statement of reasons for the indication of allowable subject matter: The prior art failed to disclose the article of entertainment as presented in claim 31 which is configured to have only three exterior panels and further configured with the first panel rotating about 270 degrees during transformation, the second exterior panel rotating about 135 degrees about the first hinge relative to the first panel and the third panel rotating about 135 degrees about the second hinge relative to the second exterior panel during transformation.
Response to Arguments
Applicant’s arguments with respect to claim(s) 22-24, 27-29 and 31-33 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.
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 ALYSSA HYLINSKI whose telephone number is (571)272-2684. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
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, 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.
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.

/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711