Office Action 1: Non-Final Rejection (2025-05-12)
Rejection types: 103 - Obviousness

CLAIMS:
CLAIMS
1\. A device for propelling a string comprising: a body comprising an extension; a pair of wheels attached to the body, wherein at least one wheel of the pair of wheels is a driven wheel, wherein the pair of wheels defines a gap therebetween, wherein a string is configured to be propelled through the gap by the driven wheel; at least one strap configured to attach to a wrist of a user; an actuator positioned on the extension, wherein the actuator is configured to cause the driven wheel to be driven in response to actuation, and wherein the actuator is positioned by the extension on a palm of the user in response to the at least one strap attaching to the wrist of the user.
2\. The device of claim 1, further comprising a housing attached to the body, wherein the housing at least partially covers the pair of wheels, wherein the housing defines an exit aperture, wherein the string is received into the gap and is propelled out of the exit aperture.
3\. The device of claim 2, further comprising a cavity defined within the body, wherein the cavity is positioned on an opposite side of the gap from the exit aperture.
4\. The device of claim 3, wherein in response to further actuation of the actuator, the driven wheel ceases to be driven in a first direction, and begins to be driven in a second direction, opposite the first direction.
5\. The device of claim 4, wherein the string comprises a looped string, and wherein in response to the driven wheel being driven in the second direction, the looped string is retrieved into the cavity.
6\. The device of claim 3, wherein the pair of wheels are configured to propel a looped string away from the device in response to the driven wheel rotating in a first direction and retrieve the looped string into the cavity in response to the driven wheel rotating in a second direction, opposite the first direction.
7\. The device of claim 6, wherein the driven wheel of the pair of wheels rotates in the first direction in response to a first interaction with the actuator and the driven wheel of the pair of wheels rotates in the second direction for a predetermined amount of time in response to a second interaction with the actuator.
8\. The device of claim 1, wherein the pair of wheels are attached at a first end of the body, and wherein the extension away from the body extends from the first end of the body.
9\. The device of claim 1, further comprising a threading boss extending from the body, wherein the pair of wheels are disposed at a first end of the body, and wherein the threading boss extends from the first end of the body.
10\. The device of claim 1, further comprising a housing, wherein the housing at least partially covers the pair of wheels, and wherein the housing defines a shape that extends from the body of the device to a loading slot aligned over the gap, wherein the housing slopes from the loading slot to the body.
11\. A device for propelling a string comprising: a body; a pair of wheels attached to the body, wherein at least one wheel of the pair of wheels is a driven wheel, wherein the pair of wheels defines a gap therebetween, wherein a string is configured to be propelled through the gap by the driven wheel rotating in a first direction; at least one strap configured to attach to a wrist of a user; a housing at least partially covering the pair of wheels, wherein the housing defines an exit aperture through which the string is propelled; and an actuator, wherein the actuator is operable by the user using a hand associated with the wrist to cause the driven wheel to be driven in the first direction.
12\. The device of claim 11, further comprising an extension member extending away from the body, wherein the actuator is attached to the extension member.
13\. The device of claim 12, wherein the extension member is hingedly attached to the body at a hinge.
14\. The device of claim 13, wherein the extension member is biased about the hinge toward a side of the body opposite a side of the body on which the pair of wheels are attached.
15\. The device of claim 14, wherein the extension member is configured to align with a palm of a user in response to the device being attached to an inside of the wrist of the user with the at least one strap, and wherein the extension member is biased into the palm of the user.
16\. The device of claim 11, further comprising a cavity at least one of defined within the body or attached to the body, wherein the cavity is positioned on an opposite side of the gap from the exit aperture.
17\. The device of claim 16, wherein the pair of wheels are configured to propel a looped string through the exit aperture away from the device in response to the driven wheel rotating in the first direction and retrieve the looped string into the cavity in response to the driven wheel rotating in a second direction, opposite the first direction.
18\. The device of claim 17, wherein the driven wheel of the pair of wheels rotates in the first direction in response to a first interaction with the actuator and the driven wheel of the pair of wheels rotates in the second direction for a predetermined amount of time in response to a second interaction with the actuator.
19\. The device of claim 11, further comprising a threading boss extending from the body, wherein the pair of wheels are disposed at a first end of the body, and wherein the threading boss extends from the first end of the body.
20\. The device of claim 11, further comprising a housing, wherein the housing at least partially covers the pair of wheels, and wherein the housing defines a shape that extends from the body of the device to a loading slot aligned over the gap, wherein the housing slopes from the loading slot to the body.

OFFICE ACTION:
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 .
Status of Claims
Claims 1-20, filed 3/28/2025, are pending and are currently being examined.
Information Disclosure Statement
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.
Claim Rejections - 35 USC § 103
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 correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3, 8, 10-12, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner US Pat. No. 6,537,126 in view of Gillespie et al. US Pat. No. 4,045,026.
In Reference to Claim 1
Wagner teaches:
A device for propelling a string (device 1 for propelling looped string 10, Fig. 1-21) comprising:
a body comprising an extension (body/housing 70 with handle extension 30);
a pair of wheels attached to the body, wherein at least one wheel of the pair of wheels is a driven wheel (wheels 50/60, with drive wheel 50 being driven by motor 40), wherein the pair of wheels defines a gap therebetween, wherein a string is configured to be propelled through the gap by the driven wheel (string 10 is propelled in a direction through a gap between the wheels 50/60 inside the body/housing 70, Fig. 1);
an actuator positioned on the extension, wherein the actuator is configured to cause the driven wheel to be driven in response to actuation (switch S is movable into a position to activate the motor to drive the string in a first direction out of exit aperture 180 and into the air, Fig. 1-3), and wherein the actuator is positioned by the extension on a palm of the user (a user’s palm grips the extension/handle of the extension 30 to activate the switch using a thumb or finger to activate and drive the wheels and string).
Wagner fails to teach:
A strap configured to attach to a wrist of a user.
Further, Gillespie teaches:
A projecting device having a body including handle/gripping portion and a wrist strap configured to attach a wrist of a user to the body of the device (wrist strap 46 connects a user’s wrist to the device while a hand of the user grips the handle of the device, Fig. 1-3, Col. 1 line 67 – Col. 2 line 3, Col. 2 lines 40-43).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have included a wrist strap in order to allow a user to more securely hold the device in a user’s hand during use as is known in the art and as taught by Gillespie (Col. 2 lines 40-43).
In Reference to Claim 2
Wagner as modified by Gillespie teaches:
The device of claim 1, further comprising a housing attached to the body, wherein the housing at least partially covers the pair of wheels, wherein the housing defines an exit aperture, wherein the string is received into the gap and is propelled out of the exit aperture (body/housing 70 covers the wheels 50/60 and string gap between the wheels therein and has string exit aperture 180 therein, Fig. 1-2).
In Reference to Claim 3
Wagner as modified by Gillespie teaches:
The device of claim 2, further comprising a cavity defined within the body, wherein the cavity is positioned on an opposite side of the gap from the exit aperture (Wagner: the body 70 has an interior cavity therein that the wheels are positioned within, the internal cavity extends to an opposite side of the gap from the exit aperture 180 to the entry aperture 182 at another end of the body 70, Fig. 1).
In Reference to Claim 8
Wagner as modified by Gillespie teaches:
The device of claim 1, wherein the pair of wheels are attached at a first end of the body, and wherein the extension away from the body extends from the first end of the body (Wagner: wheels 50/60 are positioned at the top end of the housing and the extension 30 extends away from that first end of the body, Fig. 1, 3).
In Reference to Claim 10
Wagner as modified by Gillespie teaches:
The device of claim 1, further comprising a housing, wherein the housing at least partially covers the pair of wheels (Wagner: housing portions 80/150 covers the pair of wheels 50/60 therein), and wherein the housing defines a shape that extends from the body of the device to a loading slot aligned over the gap, wherein the housing slopes from the loading slot to the body (Wagner: the string 10 is fed/loaded through a loading slot 182 aligned with/over the wheel gap (when viewed from the side of the device through the slot 182) around the side of the housing, the housing 80/150 being curved/sloped around the outer surface, Fig. 1-3).
In Reference to Claim 11
Wagner teaches:
A device for propelling a string (device 1 for propelling looped string 10, Fig. 1-21) comprising:
a body (body/housing 70 with handle extension 30);
a pair of wheels attached to the body, wherein at least one wheel of the pair of wheels is a driven wheel (wheels 50/60, with drive wheel 50 being driven by motor 40), wherein the pair of wheels defines a gap therebetween, wherein a string is configured to be propelled through the gap by the driven wheel rotating in a first direction (string 10 is propelled in a direction through a gap between the wheels 50/60 inside the body/housing 70, Fig. 1);
a housing at least partially covering the pair of wheels, wherein the housing defines an exit aperture through which the string is propelled (body/housing 70 covers the wheels 50/60 therein and has string exit aperture 180 therein, Fig. 1-2); and
an actuator, wherein the actuator is operable by the user using a hand associated with the wrist to cause the driven wheel to be driven in the first direction (switch S is movable, by a user’s finger or thumb while gripping the housing/extension 30, into a position to activate the motor to drive the string in a first direction out of exit aperture 180 and into the air, Fig. 1-3).
Wagner fails to teach:
A strap configured to attach to a wrist of a user.
Further, Gillespie teaches:
A projecting device having a body including handle/gripping portion and a wrist strap configured to attach a wrist of a user to the body of the device (wrist strap 46 connects a user’s wrist to the device while a hand of the user grips the handle of the device, Fig. 1-3, Col. 1 line 67 – Col. 2 line 3, Col. 2 lines 40-43).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have included a wrist strap in order to allow a user to more securely hold the device in a user’s hand during use as is known in the art and as taught by Gillespie (Col. 2 lines 40-43).
In Reference to Claim 12
Wagner as modified by Gillespie teaches:
The device of claim 11, further comprising an extension member extending away from the body, wherein the actuator is attached to the extension member (Wagner: switch S is movable and positioned on the housing extension 30 extending away from the drive head housing 70, Fig. 1-2).
In Reference to Claim 16
Wagner as modified by Gillespie teaches:
The device of claim 11, further comprising a cavity at least one of defined within the body or attached to the body, wherein the cavity is positioned on an opposite side of the gap from the exit aperture (Wagner: the body 70 has an interior cavity therein that the wheels are positioned within, the internal cavity extends to an opposite side of the gap from the exit aperture 180 to the entry aperture 182 at another end of the body 70, Fig. 1).
In Reference to Claim 20
Wagner as modified by Gillespie teaches:
The device of claim 11, further comprising a housing, wherein the housing at least partially covers the pair of wheels (Wagner: housing portions 80/150 covers the pair of wheels 50/60 therein), and wherein the housing defines a shape that extends from the body of the device to a loading slot aligned over the gap, wherein the housing slopes from the loading slot to the body (Wagner: the string 10 is fed/loaded through a loading slot 182 aligned with/over the wheel gap (when viewed from the side of the device through the slot 182) around the side of the housing, the housing 80/150 being curved/sloped around the outer surface, Fig. 1-3).
Claims 4-6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner and Gillespie as applied to claim 3/16 above, and further in view of Berliner US Pat. No. 4,077,386.
In Reference to Claim 4
Wagner as modified by Gillespie teaches:
The device of claim 3 as rejected above.
Wagner fails to teach:
Wherein in response to further actuation of the actuator, the driven wheel ceases to be driven in a first direction, and begins to be driven in a second direction, opposite the first direction.
Further, Berliner teaches:
A projecting device comprising a motor driven wheel and a switch operable in a first position that rotates the driven wheel in one direction and a second position that rotates the driven wheel in a second opposite direction (rotatable discs/wheels 74/76 rotated via motor 70 in two opposite directions based on the position of switch 82, Fig. 5, 10-11, Col. 4 lines 12-44).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have formed the actuator movable to a second opposite position to rotate the motor and wheels in a second direction in order to vary the spin applied to the projectile/string as is known in the art and as taught by Berliner (Col. 4 lines 12-44).
In Reference to Claim 5
Wagner as modified by Gillespie and Berliner teaches:
The device of claim 4, wherein the string comprises a looped string, and wherein in response to the driven wheel being driven in the second direction, the looped string is retrieved into the cavity (with the driven wheel rotating the second opposite direction, the string 10 is moved into the housing cavity through the aperture 180 as modified).
In Reference to Claim 6
Wagner as modified by Gillespie teaches:
The device of claim 3, wherein the pair of wheels are configured to propel a looped string away from the device in response to the driven wheel rotating in a first direction (Wagner: switch S is movable into a position to activate the motor to drive the looped string 10 in a first direction out of exit aperture 180 and into the air, Fig. 1-3).
Wagner fails to teach:
Wherein the driven wheel ceases to be driven in a first direction, and begins to be driven in a second direction, opposite the first direction to retrieve the looped string into the cavity.
Further, Berliner teaches:
A projecting device comprising a motor driven wheel and a switch operable in a first position that rotates the driven wheel in one direction and a second position that rotates the driven wheel in a second opposite direction (rotatable discs/wheels 74/76 rotated via motor 70 in two opposite directions based on the position of switch 82, Fig. 5, 10-11, Col. 4 lines 12-44).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have formed the actuator movable to a second opposite position to rotate the motor and wheels in a second direction in order to vary the spin applied to the projectile/string as is known in the art and as taught by Berliner (Col. 4 lines 12-44).
In Reference to Claim 17
Wagner as modified by Gillespie teaches:
The device of claim 16, wherein the pair of wheels are configured to propel a looped string through the exit aperture away from the device in response to the driven wheel rotating in the first direction (Wagner: switch S is movable into a position to activate the motor to drive the looped string 10 in a first direction out of exit aperture 180 and into the air, Fig. 1-3).
Wagner fails to teach:
Wherein in response to further actuation of the actuator, the driven wheel ceases to be driven in a first direction, and begins to be driven in a second direction, opposite the first direction.
Further, Berliner teaches:
A projecting device comprising a motor driven wheel and a switch operable in a first position that rotates the driven wheel in one direction and a second position that rotates the driven wheel in a second opposite direction (rotatable discs/wheels 74/76 rotated via motor 70 in two opposite directions based on the position of switch 82, Fig. 5, 10-11, Col. 4 lines 12-44).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have formed the actuator movable to a second opposite position to rotate the motor and wheels in a second direction in order to vary the spin applied to the projectile/string as is known in the art and as taught by Berliner (Col. 4 lines 12-44).
Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner, Gillespie, and Berliner as applied to claim 6/17 above, and further in view of Rizzo et al. US Pub. No. 2013/0104870.
In Reference to Claim 7
Wagner as modified by Gillespie and Berliner teaches:
The device of claim 6, wherein the driven wheel of the pair of wheels rotates in the first direction in response to a first interaction with the actuator (the switch S of Warner in the first position rotates the driven wheel and string in the first direction) and the driven wheel of the pair of wheels rotates in the second direction for an amount of time in response to a second interaction with the actuator (as modified by Berliner, the switch is movable to a second position to rotate the driven wheel and string in the second direction for a user determined amount of time).
Wagner fails to teach:
Wherein the driven wheel of the pair of wheels rotates in the second direction for a predetermined amount of time beginning when the actuator is moved to the second position.
Further, Rizzo teaches:
A projecting device having motor driven rotating wheels to project an object from the device, the wheels operable to reverse operation for a predetermined period of time and capable of sensing a predetermined threshold of torque/current ([0048]).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have allowed the wheels to reverse direction for a period of time and sense a predetermined threshold of torque/current applied to the motor during use in order to allow a jam to be undone during use or prevent failure or damage to the motor during use as taught by Rizzo ([0048]).
In Reference to Claim 18
Wagner as modified by Gillespie teaches:
The device of claim 17, wherein the driven wheel of the pair of wheels rotates in the first direction in response to a first interaction with the actuator (the switch S of Warner in the first position rotates the driven wheel and string in the first direction) and the driven wheel of the pair of wheels rotates in the second direction for an amount of time in response to a second interaction with the actuator (as modified by Berliner, the switch is movable to a second position to rotate the driven wheel and string in the second direction for a user determined amount of time).
Wagner fails to teach:
Wherein the driven wheel of the pair of wheels rotates in the second direction for a predetermined amount of time beginning when the actuator is moved to the second position.
Further, Rizzo teaches:
A projecting device having motor driven rotating wheels to project an object from the device, the wheels operable to reverse operation for a predetermined period of time and capable of sensing a predetermined threshold of torque/current ([0048]).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have allowed the wheels to reverse direction for a period of time and sense a predetermined threshold of torque/current applied to the motor during use in order to allow a jam to be undone during use or prevent failure or damage to the motor during use as taught by Rizzo ([0048]).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner and Gillespie as applied to claim 12 above, and further in view of Bourdelaise et al. US Pat. No. 8,876,574.
In Reference to Claim 13
Wagner as modified by Gillespie teaches:
The device of claim 12 as rejected above.
Wagner fails to teach:
Wherein the extension member is hingedly attached to the body at a hinge.
Further, Bourdelaise teaches:
A projecting device (300) comprising a body (302) and an extension (400a/b) contacting a user’s hand and pivotal relative the body against a biasing spring (338, Fig. 3a-10e).
It would have been obvious to one having ordinary skill in the art to have modified the invention of Wagner to have formed the extension with a pivotal hinged extension in order to make it easier for a user to actuate or trigger or to hold more comfortably within a user’s hand and as this type of trigger/activation is known and used in the art as taught by Bourdelaise (Col. 1 lines 34-62, Col. 8 line 64 – Col. 9 lines 24).
In Reference to Claim 14
Wagner as modified by Gillespie and Bourdelaise teaches:
The device of claim 13, wherein the extension member is biased about the hinge toward a side of the body opposite a side of the body on which the pair of wheels are attached (body 302 hinged against 400a/b which pivots against bias spring 338 at an end opposite the top/wheel end of the body of Wagner as modified).
In Reference to Claim 15
Wagner as modified by Gillespie and Bourdelaise teaches:
The device of claim 14, wherein the extension member is configured to align with a palm of a user in response to the device being attached to an inside of the wrist of the user with the at least one strap, and wherein the extension member is biased into the palm of the user (the strap of Gillespie allows the user to grip the extension of Wagner with the palm of the hand during use, which is pivotal against the spring bias of Bourdelaise as modified above).
Allowable Subject Matter
Claims 9 and 19 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: in addition to the other claim limitations, the specific limitations of a threading boss extending from the body, wherein the pair of wheels are disposed at a first end of the body, and wherein the threading boss extends from the first end of the body is not anticipated by or found obvious by the cited prior art.
Brief Discussion of Other Prior Art References
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.  See the references cited page for publications that are noted for containing similar subject matter as the applicant.  For example, Sadigursky (12,053,711, 12,194,392), Kelly (2016/0074759), Caffrey (6,814,260), Fabek (5,678,730), Haight (2,423,448), and McRoskey (3,797,163) teach similar toys.
Conclusion
If the applicant or applicant’s representation has any questions or concerns regarding this office action or the application they are welcome to contact the examiner at the phone number listed below and schedule and interview to discuss the outstanding issues and possible amendments to expedite prosecution of this application.

APPLICANT REBUTTAL: REMARKS/ARGUMENTS
This response is in reply to the Office Action of May 12, 2025. The Office Action has rejected Claims 1-3, 8, 10-12, 16, and 20 under 35 U.S.C. § 103 as being unpatentable over Wagner (U.S. Patent No. 6,537,126) in view of Gillespie (U.S. Patent No. 4,045,026). Claims 4-6 and 17 were rejected under 35 U.S.C. § 103 as being unpatentable over Wagner in view of Gillespie and further in view of Berliner (U.S. Patent No. 4,077,386.). Claims 7 and 18 were rejected under 35 U.S.C. § 103 as being unpatentable over Wagner in view of Gillespie in view of Berliner and further in view of Rizzo (U.S. Publication No. 2013/0104870). Claims 13-15 were rejected under 35 U.S.C. § 103 as being unpatentable over Wagner in view of Gillespie and further in view of Bourdelaise (U.S. Patent No. 8,876,574).
Claims 9 and 19 were 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.
Amendments to the Claims
While Applicant respectfully disagrees with the aforementioned rejections, Applicant has amended the claims as described herein. Specifically, Applicant has amended independent Claim 1 to recite an “
extension extending away from the body
” and “at least one strap configured to attach to a wrist of a user
, and to hold the body against the wrist of the user along a length of the body
.” Claim 2 has been amended to clarify the relative locations of the housing and the extension. Support for these amendments is found at least in paragraph [0110]-[0112] and corresponding FIG. 25-32. Claim 5 has been amended to recite that the looped string is piled within the cavity, where a length of the looped string within the cavity increases as the looped string is retrieved. Support for this amendment is found at least in paragraph [0095] of the originally filed application. Claim 11 has been amended to recite that the at least one strap configured to attach to a wrist of a user also holds the body against the wrist of the user along a length of the body. Support for this amendment is found at least in FIGS. 23 and 26 and corresponding paragraphs [0101] and [0111]. No new matter has been added by way of these amendments.
Patentability of the Independent Claims
The Office Action has rejected independent Claim 1 as unpatentable over Wagner in view of Gillespie. Applicant respectfully disagrees, particularly in view of the aforementioned amendments. Claim 1 recites at least one strap to attach to a wrist and hold the body against the wrist of the user along a length of the body. Applicant submits that Wagner and Gillespie are deficient with respect to at least this feature.
Wagner discloses an amusement device including a “housing 70”. The housing can be “operated while hand carried by the user” as disclosed in Claim 12. Wagner fails to teach or suggest that the housing can be attached to a wrist of a user. The Office Action acknowledges on page 3 that Wagner fails to teach or suggest a strap configured to attached to a wrist of a user, citing Gillespie to correct this deficiency.
The “wrist strap 46” of Gillespie functions as merely a tether. Gillespie recites in col. 4, lines 11-14, “When the apparatus is used, the wrist strap is slipped over the wrist to help a player hold onto the apparatus and throw projectiles.”
Applicant submits that neither Wagner nor Gillespie teach or suggest “at least one strap configured to attach to a wrist of a user
, and to hold the body against the wrist of the user along a length of the body
” as recited by Claim 11 or to position the
extension within a palm of the user wherein the actuator is in reach of at least one finger of the user as recited in amended claim 1
. Conversely, the tethering wrist strap of Gillespie necessarily attaches an end of the handle, as described in col. 4, lines 3-14, and cannot reasonably be interpreted to “hold the body against the wrist of the user along a length of the body” as recited in amended Claim 1.
Applicant further submits that neither Wagner nor Gillespie teach or suggest an extension extending away from the body” with “an actuator positioned on the extension” as recited by Claim 1. The Office Action has indicated that Wagner teaches an “extension,” citing to “body/housing 70 with handle extension 30.” However, as illustrated in FIG. 3, such an interpretation results in the alleged “actuator S” being positioned on the “housing 70”, with the alleged “extension 30” extending aft of the housing.
A drawing of a device
AI-generated content may be incorrect.
Wagner further recites that the “switch S that can be operated from the handle 30 by a user.” See col. 2, lines 33-34, emphasis added. This statement indicates that the switch is operated from the handle and is not considered part of the handle. As such, Applicant submits that Wagner has been improperly interpreted by the Office Action.
In view of the above, Applicant submits that the cited art, taken alone or in combination, fails to teach or suggest the features of amended Claim 1, and the rejection of Claim 1 under 35 U.S.C. 103 is overcome. Independent Claim 11, while having its own scope, recites features similar to those argued above with respect to Claim 1, such that Claim 11 is similarly patentably distinct from the cited art, and the rejection of Claim 11 under 35 U.S.C. 103 is similarly overcome.
Patentability of the Dependent Claims
Because each of the dependent claims includes each of the recitations of a respective independent base claim, Applicant further submits that the dependent claims are patentably distinct from the cited references, taken alone or in combination, for at least those reasons as discussed above. Accordingly, Applicant respectfully submits that the rejections of the dependent claims are overcome and the dependent claims are in condition for allowance. As the patentability of the independent claims has been argued as set forth above, Applicant will not take this opportunity to argue the merits of the rejection with regard to specific dependent claims. However, Applicant does not concede that the dependent claims are not independently patentable and reserves the right to argue the patentability of dependent claims at a later date if necessary.
CONCLUSION

NEXT OFFICE ACTION: 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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/29/2025 (the unsubmitted Foreign and NPL documents are provided in the file of parent application 19/075,598) and 8/14/2025 were filed after the mailing date of the non-final rejection on 5/12/2025.  The submission is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendments and Arguments
In an amendment filed 8/12/2025, Applicant amended claims 1-5, 11.  This amendment is acknowledged.  Claims 1-20 are pending and under examination.
Applicant’s arguments, see pages 1-4, filed 8/12/2025, with respect to claims 1-20 have been fully considered and are persuasive.  The rejections of claims 1-20 have been withdrawn.  Further, a mutually agreed upon examiner’s amendment has been made below to further differentiate claims 11-20 from the cited prior art to better place the claims in condition for allowance.
EXAMINER'S AMENDMENT
An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
Authorization for this examiner’s amendment was given in an interview with Johnathan Thomas on 9/2/2025.
The application has been amended as follows:
Claim 11, line 3: before “a pair of wheels…”, insert
- - a cavity associated with the body;
- -.
Claim 11, line 9: after “propelled”, insert - - and an intake aperture, wherein an opening is defined between the housing and the cavity - -.
Claim 11, line 11: after “direction” insert - - wherein the pair of wheels are configured to propel the looped string through the exit aperture away from the device and return the looped string to the intake aperture through the opening in response to the driven wheel rotating in the first direction and retrieve the looped string into the cavity in response to the driven wheel rotating in a second direction, opposite the first direction”.
Claim 16, line 1: delete “further comprising a cavity” and insert - - wherein the cavity is - -.
Claim 18, line 1: delete “17” and insert - - 11 - -.
Allowable Subject Matter
Claims 1-20 are allowed.
Conclusion

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Ref US3797163A: Claims:
A toy chain saw including a housing having a saw chain blade support member connected thereto comprising: a. a simulated saw chain adapted to move around said saw chain blade support member; b. an electric motor carried by said housing; c. switch means for interconnecting said electric motor with a source of electricity; d. means for closing said switch to energize said motor; e. means including a sounding device in said housing for simulating the idling sounds of an internal combustion engine whenever said electric motor is operating and for selectively simultaneously simulating the sound of a running saw chain; and f. manually operable means carried by said housing for connecting said saw chain and said electric motor in drIving relation so as to move said saw chain around the blade support member and for actuating said sounding device for said simultaneous simulation of the sound of a running saw chain.
A toy chain saw as defined in claim 1 in which said means for closing said switch to energize said motor comprises a simulated pull-cord starter mechanism.
A toy chain saw as defined in claim 2 including switch opening means for opening said switch to deenergize said electric motor.
A toy chain saw as defined in claim 3 in which said switch opening means is adapted to lock said switch means in an open position so as to preclude the closing of said switch by the operation of said pull-cord switch closing means.
A toy chain saw including a housing having a saw chain blade support member connected thereto comprising: a. a simulated saw chain adapted to move around said saw chain blade support member; b. a rotatable shaft operatively coupled with said simulated saw chain; c. an electric motor carried by said housing; d. switch means for interconnecting said electric motor with a source of electrical energy; e. a simulated pull-cord starter adapted to close said switch means so as to energize said motor; f. means including a sounding device in said housing for simulating the idling sounds of an internal combustion engine whenever said electric motor is operating and for selectively simultaneously simulating the sound of a running saw chain; g. means including a sounding device in said housing for simulating the working sounds emitted by a full size chain saw which the saw chain is moving around the blade support member and for selectively simultaneously simulating the sound of a running saw chain; and h. manually operable means for interconnecting said rotatable shaft and said electric motor in driving relation so as to rotatably drive said saw chain around the blade support member and for operating said means for actuating said sounding device for said simultaneous simulation of the sound of a running saw chain.
A toy chain saw as defined in claim 5 in which said manually operable means defined in (h) comprises: a. a clutch means carried by said shaft having cooperating members adapted to be moved into and out of engagement for selectively driving said shaft; and b. means for manually operating said clutch means.
A toy chain saw as defined in claim 6 in which said clutch means comprises a first said cooperating member affixed to said shaft and a second said cooperating member rotatably carried by said shaft, said second member being adapted to be driven by said electric motor and to driveably engage said first member.
A toy chain saw as defined in claim 6 in which said means for manually operating said clutch means comprises an elongated flexible member adapted to pressurally engage said second member and so constructed and arranged that tensional forces exerted on said flexible member will cause it to deform in a manner as to cause movement of said second member axially on said shaft into driving engagement with said frist member.
A toy chain saw as defined in claim 6 in which said means for simulating the idling sounds of an internal combustion engine comprises a flexible member disposed adjacent said second member and engageable thereby when said second member is driven by said electric motor.
A toy chain saw as defined in claim 6 in which said means for simulating the sounds of a running chain saw comprises a flexible member disposed adjacent said first member and engageable thereby when said first member is rotatably driven by said second member.
A toy chain saw comprising: a. a housing; b. a chain support member affixed to said housing; c. an endless chain carried by said chain support member and movable about the periphery thereof; d. a shaft rotatably supported by said housing; e. means affixed to said shaft adapted to drivably engage said endless chain; f. a first member affixed to said shaft; g. a second member carried by said shaft and rotatable thereon, said second member being adapted to drivably engage said first member; h. an electric motor carried by said housing adapted to rotate said second member relative to said shaft; i. means for moving said second member into driving engagement with said first member; and j. sound-emitting means in said housing cooperatively associated with said first and second members for simulating the running sounds of an internal combustion engine.
A toy chain saw as defined in claim 11 including a switch means for interconnecting said electric motor with a source of electrical energy and a pull-cord switch closing means carried by said housing for closing said switch means so as to energize said electric motor.
A toy chain saw as defined in claim 11 in which said second member is axially movable on said shaft and said means for moving second member into driving engagement with said first member comprises an elongated spring member operatively associated with said second member and so constructed and arranged that longitudinal forces exerted on said spring member will cause axial movement of said second member on said shaft.
A toy chain saw as defined in claim 13 in which said spring member is operatively connected to a trigger means carried by said housing, said trigger means being movable to exert longitudinal forces on said spring member.
A toy chain saw as defined in claim 11 in which said sound-emitting means comprises a flexible spring member mounted within said housing, said flexible member having a first finger engageable by said first member to produce a sound similar to that of a chain saw being driven by an internal combustion engine and a second means engageable by said second finger for producing a sound similar to that of an internal combustion engine running at idling speed.
Ref US3904098A: Claims:
A device for erecting an elongated flexible element forming a closed loop substantially incapable of being self-supporting in static condition into a loop which is a substantially rigid structure, said device comprising means defining a chamber in which a portion of the element is disposed and constrained for movement substantially along the longitudinal axis of the portion, and a stem in communication with said chamber, said chamber comprising a first bowl having a spout forming a chamber inlet and a second bowl having a tube forming a chamber outlet, said first bowl and said second bowl being interconnected by spaced apart strips constructed and arranged to fit inside of said stem, said first bowl and second bowl being constructed and arranged to be positioned in registry such that said spout extends into said tube to form an annulus of restricted area therebetween, said annulus being positioned near said chamber inlet to provide for an area of high speed fluid flow in said chamber between said spout and said chamber outlet and an area of reduced pressure outside of said chamber near said spout, injection of fluid into said stem under sufficient pressure resulting in high speed fluid flow through said annulus and said chamber in combination with an area of reduced pressure outside of said chamber near said spout to form the elongated flexible element into a loop which is a substantially rigid structure.
The device set forth in claim 1, wherein when said first and second bowls are in registry, the outer surfaces of said strips are shaped complementary to the inner surface of said stem and have an outer diameter substantially the same as the inner diameter of said stem, whereby the fit between said strips and said stem is air-tight.
The device set forth in claim 1, wherein the outer surface of said first bowl is conical.
The device set forth in claim 1, wherein the outer surface of said second bowl is conical.
The device set forth in claim 1, wherein the outer surface of said first bowl is ellipsoidal.
The device set forth in claim 1, wherein the outer surface of said second bowl is ellipsoidal.
A device for erecting an elongated flexible element forming a closed loop substantially incapable of being self-supporting in static condition into a loop which is a substantially rigid structure, said device comprising means defining a chamber in which a portion of the element is disposed and constrained for movement substantially along the longitudinal axis of the portion, and a stem in communication with said chamber, said chamber comprising a first bowl having a spout forming a chamber inlet and a second bowl having a tube forming a chamber outlet, said first bowl and said second bowl being interconnected by a strip constructed and arranged to fit inside said stem, said first and second bowls being constructed and arranged to be positioned in registry such that said spout extends into said tube to form an annulus of restricted area therebetween, said annulus being positioned near said chamber inlet to provide for an area of high speed fluid flow in said chamber between said spout and said chamber outlet and an area of reduced pressure outside of said chamber near said spout, injection of fluid into said stem under sufficient pressure resulting in high speed fluid flow through said annulus and said chamber in combination with an area of reduced pressure outside of said chamber near said spout to form the elongated flexible element into a loop which is a substantially rigid structure.
The device set forth in claim 7 in which the strip is connected at one end to a hollow connector portion which is connected to the first bowl and the opposite end of the strip is connected to a hollow connector portion which is connected to the second bowl and in which both hollow connector portions fit inside the stem.
The device set forth in claim 7 in which the first and second bowls and the connecting strip are all integrally formed of a plastic material.
The device set forth in claim 8 in which the first and second bowls, the connecting strip, and the hollow connector portions are all integrally formed of a plastic material.
The device set forth in claim 10 in which the outer surfaces of each of said connector portions are shaped complementary to the inner surface of said stem and having an outer diameter substantially the same as the inner diameter of said stem, whereby the fit between said connector portions and said stem is air-tight.
A device for erecting an elongated flexible element forming a closed loop substantially incapable of being self-supporting in static condition into a loop which is a substantially rigid structure, said device comprising means defining a chamber in which a portion of the element is disposed and constrained for movement substantially along the longitudinal axis of the portion, and a stem in communication with said chamber, said chamber comprising a first bowl having a centrally positioned spout forming a chamber inlet and a second bowl having a centrally positioned tube forming a chamber outlet, with said centrally positioned tube being spaced from the outer wall of said second bowl, said first and second bowls inter-fitting one within the other and retained by friction, said first and second bowls each having an extension extending laterally of said bowls, each said extension shaped complementary to the inner surface of said stem and having a hollow interior and having an outer diameter substantially the same as the inner diameter of said stem, whereby when positioned adjacent each other form a passageway into said chamber, said extensions fitting inside said stem in an air-tight relationship, said first bowl, its spout and extension, being one piece and integrally formed of a plastic material, said second bowl, itS centrally positioned tube and its extension being one piece and integrally formed of a plastic material, said first bowl and said second bowl being constructed and arranged to be positioned in registry such that said spout extends into said tube to form an annulus of restricted area therebetween, said annulus being positioned near said chamber inlet to provide for an area of high speed fluid flow in said chamber between said spout and said chamber outlet and an area of reduced pressure outside of said chamber near said spout, injection of fluid into said stem under sufficient pressure resulting in high speed fluid flow through said annulus and said chamber in combination with an area of reduced pressure outside of said chamber near said spout to form the elongated flexible element into a loop which is a substantially rigid structure.
Ref US4045026A: Claims:
An apparatus for throwing, catching and cradling projectiles comprising: a. handle means with a grooved surface; b. strap means attached to the handle; c. a projectile cradling section connected to the handle; d. an oblong scoop for throwing and catching projectiles connected to the cradling section, the scoop having an opening at its base leading to the cradling section, a completely open front, and substantially open sides and back; e. a rigid frame of thermoplastic material defining the perimeter of the scoop comprising: i. a rim defining the periphery of the front of the scoop with a perpendicular side flange projecting towards the back of the scoop; ii. spherical projectile engaging tracks extending along the back of the scoop for substantially the entire length of the scoop, terminating at the front portion of the rim most remote from the handle, with at last a portion of each of the two tracks having a serrated surface; iii. mesh members extending between the rim and the tracks; and f. an irregular transverse surface on the front face of the portion of the rim where the tracks terminate whereby when used to launch a spherical projectile, the curvature of the trajectory of the projectile is maximized.
a. handle means with a grooved surface;
b. strap means attached to the handle;
c. a projectile cradling section connected to the handle;
d. an oblong scoop for throwing and catching projectiles connected to the cradling section, the scoop having an opening at its base leading to the cradling section, a completely open front, and substantially open sides and back;
e. a rigid frame of thermoplastic material defining the perimeter of the scoop comprising: i. a rim defining the periphery of the front of the scoop with a perpendicular side flange projecting towards the back of the scoop; ii. spherical projectile engaging tracks extending along the back of the scoop for substantially the entire length of the scoop, terminating at the front portion of the rim most remote from the handle, with at last a portion of each of the two tracks having a serrated surface; iii. mesh members extending between the rim and the tracks; and
i. a rim defining the periphery of the front of the scoop with a perpendicular side flange projecting towards the back of the scoop;
ii. spherical projectile engaging tracks extending along the back of the scoop for substantially the entire length of the scoop, terminating at the front portion of the rim most remote from the handle, with at last a portion of each of the two tracks having a serrated surface;
iii. mesh members extending between the rim and the tracks; and
f. an irregular transverse surface on the front face of the portion of the rim where the tracks terminate whereby when used to launch a spherical projectile, the curvature of the trajectory of the projectile is maximized.
An apparatus as claimed in claim 1 wherein the tracks with a serrated surface are substantially parallel.
An apparatus a claimed in claim 1 wherein the tracks with a serrated surface have a plurality of triangular saw toothed projections along at least a portion thereof.
An apparatus as claimed in claim 1 including a spherical projectile consisting of a hollow ball.
An apparatus as claimed in claim 4 wherein the projectile has a plurality of cross ridges consisting of parallels and meridians on its surface.
An apparatus as claimed in claim 4 wherein the projectile is fabricated from a material with a density of from about 1 to about 5 pounds per cubic foot.
An apparatus as claimed in claim 6 wherein the projectile is fabricated from blow molded polyethylene.
An apparatus as claimed in claim 4 wherein the projectile has a randomly texturized surface.
An apparatus for throwing, catching, and cradling spherical projectiles comprising: an oblong receptacle for throwing and catching projectiles, said receptacle having an opening at its base and an open front; a rigid frame defining the perimeter of the receptacle; a rim defining the periphery of the front of the receptacle; a pair of serrated tracks extending along the back of the receptacle for substantially the entire length thereof, said tracks terminating at the end of the receptacle remote from the opening; an irregular transverse surface on the front face of the rim adjacent the termination point of the tracks; a projectile cradling section connected to the receptacle at the opening thereof; handle means connected to the projectile cradling section; and a spherical projectile of a predetermined diameter, said projectile having a roughened surface and being of a preselected diameter such that the spacing of the tracks engages said projectile in both hemispheres whereby a high degree of spin is imparted to the projectile launched by said receptacle to thereby impart a degree of curvature to the trajectory of the projectile corresponding to the degree of spin.
an oblong receptacle for throwing and catching projectiles, said receptacle having an opening at its base and an open front;
a rigid frame defining the perimeter of the receptacle;
a rim defining the periphery of the front of the receptacle;
a pair of serrated tracks extending along the back of the receptacle for substantially the entire length thereof, said tracks terminating at the end of the receptacle remote from the opening;
an irregular transverse surface on the front face of the rim adjacent the termination point of the tracks;
a projectile cradling section connected to the receptacle at the opening thereof;
handle means connected to the projectile cradling section; and
a spherical projectile of a predetermined diameter, said projectile having a roughened surface and being of a preselected diameter such that the spacing of the tracks engages said projectile in both hemispheres whereby a high degree of spin is imparted to the projectile launched by said receptacle to thereby impart a degree of curvature to the trajectory of the projectile corresponding to the degree of spin.
A projectile throwing, catching and cradling game apparatus comprising: a. a projectile having a texturized surface and b. a hand-held implement including: 1. handle means; 2. a cradling section for the projectile connected to the handle means; and 3. a throwing and catching receptacle for the projectile connected to the cradling section, said receptacle comprising a closed loop elongated frame having a pair of tracks located interiorly of the receptacle, the surface of the tracks having a textur
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