`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/067,427
`
`10/30/2013
`
`Christopher W. Boynton
`
`MBOT—0038—P04
`
`6461
`
`S TRATEGIC PATENTS P.C.
`PO. BOX 920629
`NEEDHAM, MA 02492
`
`GARLAND, STEVENR
`
`ART UNIT
`
`2125
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/14/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patents @ stratpat.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/067,427 BOYNTON ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2125STEVEN GARLAND $233
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`
`1)IXI Responsive to communication(s) filed on 10/4/16 8/12/16 5/12/16.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) I] Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
`
`Paper No(s)/Mai| Date 10/4/15 5/12/15.
`4) D Other: —-
`
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20161104
`
`Disposition of Claims*
`5)|XI CIaim(s)1-_22is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s 1-_22 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt ://\va.usoto. ov/ atentS/init events"
`h/index.‘s
`
`
`
`
`
`, or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)IXI The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attach ment(s)
`
`
`
`

`

`Application/Control Number: 14/067,427
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`Page 2
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`Art Unit: 2125
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
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`2.
`
`3.
`
`Claims 1-22 are pending.
`
`The abstract of the disclosure is objected to because the abstract must be on a
`
`separate sheet. Correction is required. See MPEP § 608.01 (b).
`
`Claim Rejections - 35 USC § 103
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`4.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`5.
`
`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 of this title, 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.
`
`6.
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`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
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`commonly owned as of the effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
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`point out the inventor and effective filing dates of each claim that was not commonly
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`

`

`Application/Control Number: 14/067,427
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`Page 3
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`Art Unit: 2125
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`owned as of the effective filing date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`7.
`
`Claims 1-5, 12-16, and 22 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Bodell et al. 8,412,588 in view of Wilson et al. 2006/0293906.
`
`Bodell et al. 8,412,588 teaches a system for fabricating products on
`
`demand and use of a 3D printer. (abstract) Bodell also teaches use of a kit, assembly
`
`instructions, use of the printer to form the kit (col. 2, lines 20-31). Bodell further
`
`teaches the use of memory (col. 2, lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12),
`
`receiving a downloaded model (col. 3, lines 1-10), network (col. 4, lines 22-28),
`
`various types of 3D printers (col. 4, line 62 to col. 5, line 4) See the abstract, figures,
`
`col. 1, lines 21-35; col. 2, lines 12-65; col. 3, lines 1-10; col. 4, lines 22-28; col. 4, line
`
`55 to col. 5, line 24; col. 5, lines 50-60; col. 6, lines 21-53; col. 7, lines 12-45; col. 8,
`
`lines 28-40; col. 9, lines 18-40; col. 11, lines 58-67; col. 12, lines 7-28 and the claims.
`
`Bodell however does not expressly state that a kit includes a tool or that a printer
`
`can make the tool.
`
`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
`
`be manufactured using various printing methods. Note the 3D printing methods of
`
`Bodell (col. 4, line 62 to col. 5, line 4) See the abstract; figures; numbered
`
`paragraphs 0004, 0005, 0013-0016, 0018, 0019, and the claims.
`
`

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`Application/Control Number: 14/067,427
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`Page 4
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`Art Unit: 2125
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`It would have been obvious to one of ordinary skill in the art to modify Bodell in
`
`view of Wilson to also include in the kit a tool used in assembly of the project and a
`
`plan (instructions) on use of the tool during assembly or disassembly (repair).
`
`Further it would have been obvious to one of ordinary skill to modify Bodell in
`
`view of Wilson and use a printer to make the tool. Note that Wilson teaches the use of
`
`a tool
`
`to connect the parts (0022, claim 4).
`
`Regarding claim 1, Bodell
`
`teaches a method comprising: designing a project
`
`including a first plurality of parts, a second plurality of parts , wherein all of the second
`
`plurality of parts can be fabricated using a three-dimensional printer; creating
`
`instructions for assembly of the first plurality of parts and the second plurality of parts;
`
`and preparing a kit including the instructions and directions for obtaining a three-
`
`dimensional model for each one of the second plurality of parts and the at least one
`
`tool. (abstract; col 2, lines 20-31; col. 3, lines 1-10)
`
`Bodell however does not expressly state that a kit includes a tool for
`
`mechanically coupling two parts , a plan to use the tool, or that a printer can make the
`
`tool.
`
`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
`
`be manufactured using various printing methods (0022), use of a plan for assembly
`
`using the tool (claim 4). Note the 3D printing methods of Bodell (col. 4, line 62 to col. 5,
`
`line 4 ) See the abstract; figures; numbered paragraphs 0004, 0005, 0013-0016,
`
`0018, 0019, and the claims.
`
`

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`Application/Control Number: 14/067,427
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`Page 5
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`Art Unit: 2125
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`It would have been obvious to one of ordinary skill in the art to modify Bodell in
`
`view of Wilson to also include in the kit a tool used in assembly of the project and a
`
`plan (instructions) on use of the tool during assembly or disassembly (repair).
`
`Further it would have been obvious to one of ordinary skill to modify Bodell in
`
`view of Wilson and use a printer to make the tool.
`
`2. The method of claim 1 wherein the kit includes the first plurality of
`
`parts. (Bodell col. 2, lines 20-31; coil. 4,lines 41-49;col. 5, lines 13-19; col. 9, lines 21-
`
`31 )
`
`3. The method of claim 1 wherein the three-dimensional model for each one of
`
`the second plurality of parts and the at least one tool is stored on a computer
`
`readable medium included in the kit. (Bodell col. 2, lines 20-31; coil. 4,lines 41-49;col.
`
`5, lines 13-19; col. 9, lines 21-31 ; Wilson 0022))
`
`4. The method of claim 3 wherein the computer readable medium includes at
`
`least one of an optical disk, a memory card, and a USB drive. (Bodell col. 2, lines 50-
`
`61; col. 5, lines 50-60; col. 12, lines 7-12)
`
`5. The method of claim 1 wherein the directions for obtaining a
`
`three-dimensional model include a network address for retrieving the
`
`three-dimensional model for each one of the second plurality of parts and the
`
`at least one tool. (Bodell col. 3, lines 1-10; col. 2, lines 50-61; col. 5, lines 50-60; col.
`
`12, lines 7-12)
`
`Regarding claim 12, Bodell teaches a computer program product providing a user
`
`interface for computer-aided project design, the computer program product comprising
`
`

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`Application/Control Number: 14/067,427
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`Page 6
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`Art Unit: 2125
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`computer-executable code embodied on a non-transitory computer readable medium
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`(col. 2, lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12) that, when executing
`
`on one or more computing devices, performs the steps of: receiving a project
`
`design including a first plurality of parts, a second plurality of parts, wherein all of the
`
`second plurality of parts can be fabricated using a three-dimensional printer; creating
`
`instructions for assembly of the first plurality of parts and the second plurality of parts
`
`into the project; and preparing a kit including the instructions and directions for
`
`obtaining a three-dimensional model for each one of the second plurality of parts
`
`(abstract; col 2, lines 20-31; col. 3, lines 1-10).
`
`Bodell however does not expressly state that a kit includes a tool for
`
`mechanically coupling two parts from among the first plurality of parts and the second
`
`plurality of parts, instructions for assembly of the first and second parts using the tool,
`
`or that a printer can make the tool.
`
`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
`
`be manufactured using various printing methods (0022), use of a plan for assembly
`
`using the tool (claim 4). Note the 3D printing methods of Bodell (col. 4, line 62 to col. 5,
`
`line 4 ) See the abstract; figures; numbered paragraphs 0004, 0005, 0013-0016,
`
`0018, 0019, and the claims.
`
`It would have been obvious to one of ordinary skill in the art to modify Bodell in
`
`view of Wilson to also include in the kit a tool used in assembly of the project and a
`
`plan (instructions) on use of the tool during assembly or disassembly (repair).
`
`

`

`Application/Control Number: 14/067,427
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`Page 7
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`Art Unit: 2125
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`Further it would have been obvious to one of ordinary skill to modify Bodell in
`
`view of Wilson and use a printer to make the tool.
`
`13. The computer program product of claim 12 wherein the kit includes the
`
`first plurality of parts.
`
`(Bodell col. 2, lines 20-31; coil. 4,|ines 41-49;col. 5, lines 13-19;
`
`col. 9, lines 21-31 )
`
`14. The computer program product of claim 12 wherein the three-dimensional
`
`model for each one of the second plurality of parts and the at least one tool
`
`is stored on a computer readable medium included in the kit. (Bodell col. 2, lines 20-31;
`
`coil. 4,|ines 41 -49;col. 5, lines 13-19; col. 9, lines 21 -31 ; Wilson 0022))
`
`15. The computer program product of claim 14 wherein the computer readable
`
`medium includes at least one of an optical disk, a memory card, and a USB
`
`drive. (Bodell col. 2, lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12)
`
`16. The computer program product of claim 12 wherein the directions for
`
`obtaining a three-dimensional model include a network address for retrieving
`
`the three-dimensional model for each one of the second plurality of parts and
`
`the at least one tool. (Bodell col. 3, lines 1-10; col. 2, lines 50-61; col. 5, lines 50-60;
`
`col. 12, lines 7-12)
`
`Regarding claim 22, Bodell teaches a kit comprising: a first plurality of parts; a
`
`three-dimensional model of each one of a second plurality of parts(abstract; col 2, lines
`
`20-31; col. 3, lines 1-10), stored on a non-transitory computer readable medium (col. 2,
`
`lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12); and directions for fabricating the
`
`

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`Application/Control Number: 14/067,427
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`Page 8
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`Art Unit: 2125
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`second plurality of parts, and for assembling the first plurality of parts and the second
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`plurality of parts into a project. ( col. 2, lines 20-31)
`
`Bodell however does not expressly state that a kit includes a three dimensional
`
`model for the tool for mechanically coupling two parts from the first and second parts,
`
`and a plan to use the tool.
`
`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
`
`be manufactured using various printing methods (0022), use of a plan for assembly
`
`using the tool (claim 4). Note the 3D printing methods of Bodell (col. 4, line 62 to col. 5,
`
`line 4 ) See the abstract; figures; numbered paragraphs 0004, 0005, 0013-0016,
`
`0018, 0019, and the claims.
`
`It would have been obvious to one of ordinary skill in the art to modify Bodell in
`
`view of Wilson to also include in the kit a tool used in assembly of the project and a
`
`plan (instructions) on use of the tool during assembly or disassembly (repair).
`
`8.
`
`Claims 6-8, 11, 17, 18, and 21 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Bodell et al. 8,412,588 in view of Wilson et al. 2006/0293906 as
`
`applied to claims 1-5, 12-16, and 22 above, and further in view of Lacaze et al.
`
`2013/0297062.
`
`Bodell et al. 8,412,588 teaches a system for fabricating products on demand and
`
`use of a 3D printer. (abstract) Bodell also teaches use of a kit, assembly instructions,
`
`use of the printer to form the kit (col. 2, lines 20-31). Bodell further teaches the use of
`
`memory (col. 2, lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12), receiving a
`
`downloaded model (col. 3, lines 1-10), network (col. 4, lines 22-28), various types of
`
`

`

`Application/Control Number: 14/067,427
`
`Page 9
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`Art Unit: 2125
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`3D printers (col. 4, line 62 to col. 5, line 4) See the abstract, figures, col. 1, lines 21 -35;
`
`col. 2, lines 12-65; col. 3, lines 1-10; col. 4, lines 22-28; col. 4, line 55 to col. 5, line 24;
`
`col. 5, lines 50-60; col. 6, lines 21-53; col. 7, lines 12-45; col. 8, lines 28-40; col. 9, lines
`
`18-40; col. 11, lines 58-67; col. 12, lines 7-28 and the claims.
`
`Bodell however does not expressly state that a kit includes a tool or that a printer
`
`can make the tool.
`
`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
`
`be manufactured using various printing methods. Note the 3D printing methods of
`
`Bodell (col. 4, line 62 to col. 5, line 4) See the abstract; figures; numbered
`
`paragraphs 0004, 0005, 0013-0016, 0018, 0019, and the claims.
`
`It would have been obvious to one of ordinary skill in the art to modify Bodell in
`
`view of Wilson to also include in the kit a tool used in assembly of the project and a
`
`plan (instructions) on use of the tool during assembly or disassembly (repair).
`
`Further it would have been obvious to one of ordinary skill to modify Bodell in
`
`view of Wilson and use a printer to make the tool.
`
`Bodell and Wilson however do not teach use of kit with a processor, radio or
`
`that the kit can be used to for a robot.
`
`Lacaze et al. 2013/0297062 teaches use of kits to construct robots, use of
`
`controllers, radios, etc. (0008, 0027, claim 9) in autonomous vehicles (0009, claim 8).
`
`Lacaze also teaches that the vehicles can be for the ground, etc. (0027), use of rubber
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`(0008), use of wheels (0031), printing instructions (claim 7)
`
`in the air, 2 See the
`
`

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`Application/Control Number: 14/067,427
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`Page 10
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`Art Unit: 2125
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`abstract; figures; numbered paragraphs 0004, 0008, 0009, 0022, 0026-0028, 0031,
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`0032, 0035-0037, and the claims.
`
`It would have bee obvious to one of ordinary skill in the art to modify Bodell and
`
`Wilson in view of Lacaze to implement kits to construct a robot or vehicle, and
`
`provide autonomous or radio control of the project.
`
`6. The method of claim 1 wherein the project includes a robot. (Lacaze 0009, claim 8)
`
`7. The method of claim 1 wherein the project includes a radio controlled
`
`automobile. (Lacaze 0027,00008)
`
`8. The method of claim 1 wherein the first plurality of parts includes a
`
`processor. (Lacaze 0008,0027, claim 9)
`
`11. The method of claim 1 wherein the first plurality of parts includes radio
`
`frequency transceiver circuitry. (Lacaze 0027,00008)
`
`17. The computer program product of claim 12 wherein the project includes a
`
`robot, a radio controlled automobile, or a radio controlled boat. (Lacaze 0027,00008)
`
`18. The computer program product of claim 12 wherein the first plurality of
`
`parts includes a processor. (Lacaze 0008,0027, claim 9)
`
`21. The computer program product of claim 12 wherein the first plurality of
`
`parts includes radio frequency transceiver circuitry. (Lacaze 0027,00008)
`
`9.
`
`Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Bodell et al. 8,412,588 in view of Wilson et al. 2006/0293906 as applied to claims 1-5,
`
`12-16, and 22 above, and further in view of Frost, lll 2005/0058573.
`
`

`

`Application/Control Number: 14/067,427
`
`Page 11
`
`Art Unit: 2125
`
`Bodell et al. 8,412,588 teaches a system for fabricating products on demand and
`
`use of a 3D printer. (abstract) Bodell also teaches use of a kit, assembly instructions,
`
`use of the printer to form the kit (col. 2, lines 20-31). Bodell further teaches the use of
`
`memory (col. 2, lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12), receiving a
`
`downloaded model (col. 3, lines 1-10), network (col. 4, lines 22-28), various types of
`
`3D printers (col. 4, line 62 to col. 5, line 4) See the abstract, figures, col. 1, lines 21 -35;
`
`col. 2, lines 12-65; col. 3, lines 1-10; col. 4, lines 22-28; col. 4, line 55 to col. 5, line 24;
`
`col. 5, lines 50-60; col. 6, lines 21-53; col. 7, lines 12-45; col. 8, lines 28-40; col. 9, lines
`
`18-40; col. 11, lines 58-67; col. 12, lines 7-28 and the claims.
`
`Bodell however does not expressly state that a kit includes a tool or that a printer
`
`can make the tool.
`
`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
`
`be manufactured using various printing methods. Note the 3D printing methods of
`
`Bodell (col. 4, line 62 to col. 5, line 4) See the abstract; figures; numbered
`
`paragraphs 0004, 0005, 0013-0016, 0018, 0019, and the claims.
`
`It would have been obvious to one of ordinary skill in the art to modify Bodell in
`
`view of Wilson to also include in the kit a tool used in assembly of the project and a
`
`plan (instructions) on use of the tool during assembly or disassembly (repair).
`
`Further it would have been obvious to one of ordinary skill to modify Bodell in
`
`view of Wilson and use a printer to make the tool.
`
`Bodell and Wilson however do not teach the use of a magnet.
`
`

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`Application/Control Number: 14/067,427
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`Page 12
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`Art Unit: 2125
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`Frost, ||| 2005/0058573 teaches the constructing magnetic pickup devices
`
`using rapid prototyping (0028) and the use of kits (0046).
`
`It would have been obvious to one of ordinary skill in the art to modify Bodell
`
`and Wilson in view of Frost
`
`to provide a kit with a magnet so that magnetic pickup
`
`devices could be constructed.
`
`9. The method of claim 1 wherein the first plurality of parts includes a
`
`magnet.
`
`(Frost 0028, 0046)
`
`19. The computer program product of claim 12 wherein the first plurality of
`
`parts includes a magnet. (Frost 0028, 0046)
`
`10.
`
`Claims 6-8, 10, 11, 17, 18, 20, and 21 are rejected under 35 U.S.C. 103 as
`
`being unpatentable over Bodell et al. 8,412,588 in view of Wilson et al. 2006/0293906
`
`as applied to claims 1-5, 12-16, and 22 above, and further in view of DeRennaux et al.
`
`2009/0017714.
`
`Bodell et al. 8,412,588 teaches a system for fabricating products on demand and
`
`use of a 3D printer. (abstract) Bodell also teaches use of a kit, assembly instructions,
`
`use of the printer to form the kit (col. 2, lines 20-31). Bodell further teaches the use of
`
`memory (col. 2, lines 50-61; col. 5, lines 50-60; col. 12, lines 7-12), receiving a
`
`downloaded model (col. 3, lines 1-10), network (col. 4, lines 22-28), various types of
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`3D printers (col. 4, line 62 to col. 5, line 4) See the abstract, figures, col. 1, lines 21 -35;
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`col. 2, lines 12-65; col. 3, lines 1-10; col. 4, lines 22-28; col. 4, line 55 to col. 5, line 24;
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`col. 5, lines 50-60; col. 6, lines 21-53; col. 7, lines 12-45; col. 8, lines 28-40; col. 9, lines
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`18-40; col. 11, lines 58-67; col. 12, lines 7-28 and the claims.
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`Application/Control Number: 14/067,427
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`Page 13
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`Art Unit: 2125
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`Bodell however does not expressly state that a kit includes a tool or that a printer
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`can make the tool.
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`Wilson et al. 2006/0293906 teaches a kit with a tool (0020) and that the tool can
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`be manufactured using various printing methods. Note the 3D printing methods of
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`Bodell (col. 4, line 62 to col. 5, line 4) See the abstract; figures; numbered
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`paragraphs 0004, 0005, 0013-0016, 0018, 0019, and the claims.
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`It would have been obvious to one of ordinary skill in the art to modify Bodell in
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`view of Wilson to also include in the kit a tool used in assembly of the project and a
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`plan (instructions) on use of the tool during assembly or disassembly (repair).
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`Further it would have been obvious to one of ordinary skill to modify Bodell in
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`view of Wilson and use a printer to make the tool.
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`Bodell and Wilson however do not teach use of rubber tires, kit with a
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`processor, radio or that the kit can be used to for a robot.
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`DeRennaux et al. 2009/0017714 teaches the use kits (0108), tools in the kit
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`(abstract, 0085), use of radio elements (0043), processing unit (0045,0091), rubber
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`wheels (0108), using the kits for cars, boats (abstract), robots (0110). See the abstract;
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`figures; numbered paragraphs 0043, 0045, 0070, 0075-0079, 0085, 0091, 0103-0106,
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`0108, 0110, 0149, 0150, and the claims.
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`It would have been obvious to one of ordinary skill in the art to modify Bodell and
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`Wilson in view of DeRennaux to provide kits to make cars, boats, robots, provide the
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`kits with the necessary components to implement the desired project such as
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`Application/Control Number: 14/067,427
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`Page 14
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`Art Unit: 2125
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`processor, rubber wheels, radio transmitter/receiver so that a variety of objects could
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`be constructed and fit the intended use such as land, water, and/or air use.
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`6. The method of claim 1 wherein the project includes a robot. (DeRennaux 0110)
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`7. The method of claim 1 wherein the project includes a radio controlled
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`automobile. (DeRennaux abstract, fig.17B)
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`8. The method of claim 1 wherein the first plurality of parts includes a
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`processor. (DeRennaux 0045,0091)
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`10. The method of claim 1 wherein the first plurality of parts includes a
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`rubber tire. (DeRennaux 0108)
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`11. The method of claim 1 wherein the first plurality of parts includes radio
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`frequency transceiver circuitry. (DeRennaux 0043,0075)
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`17. The computer program product of claim 12 wherein the project includes a
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`robot, a radio controlled automobile, or a radio controlled boat. (DeRennaux abstract)
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`18. The computer program product of claim 12 wherein the first plurality of
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`parts includes a processor. (DeRennaux 0045,0091)
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`20. The computer program product of claim 12 wherein the first plurality of
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`parts includes a rubber tire. (DeRennaux 0108)
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`21. The computer program product of claim 12 wherein the first plurality of
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`parts includes radio frequency transceiver circuitry. (DeRennaux 0043,0075)
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`Application/Control Number: 14/067,427
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`Page 15
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`Art Unit: 2125
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`Response to Arguments
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`11.
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`In view of the amendment to the specification adding reference numbers 135
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`and 136, the objection to the drawings set forth in paragraph 6 of the office action of
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`5/12/16 is overcome.
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`12.
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`In view of the amendment to the claims,
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`the objection to the claims set forth in
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`paragraph 7 of the office action of 5/12/16 is overcome.
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`13.
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`Applicant’s arguments regarding Bodell and Wilson have been fully considered
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`but are not deemed persuasive. As explained above Bodell teaches the use of a kit but
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`fails to teach providing a tool in a kit. Wilson expressly teaches providing a required tool
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`in a kit (0020) and that a tool can be a framework used to mechanically couple and
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`connect the parts. Bodell further teaches that the tool can be made using 3D printing
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`(0022) and identifying any tooling required to connect parts ( claim 4). In view of these
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`teachings it would have been obvious to one of ordinary skill in the art to modify Bodell
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`in view of Wilson to use tooling to connect the parts and provide a required tool using
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`3D printing based on instructions included in the kit to obtain the tooling as taught by
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`Bodell.
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`14.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`Application/Control Number: 14/067,427
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`Page 16
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`Art Unit: 2125
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`15.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to STEVEN GARLAND whose telephone number is
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`(571)272-3741. The examiner can normally be reached on Monday-Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Robert Fennema can be reached on 571-272—2748. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`/SRG/
`
`/Steven R Garland/
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`Examiner
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`Art Unit 2125
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`

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`Application/Control Number: 14/067,427
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`Page 17
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`Art Unit: 2125
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`/SEAN SHECHTMAN/
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`Primary Examiner, Art Unit 2121
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`