Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1 – 4, 8 – 14, 16 – 20, and 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US 6050261) in view of Mesman (US 20180117372).
1. Lewis discloses a carrier for carrying at least one compressed gas bottle of a breathing apparatus (Fig. 1, c. 1: 39 – 44), the carrier comprising: a carrier plate (plate 11, which is carried on the back of the user, see c. 2: 8 – 10, 19 – 22) configured for removably receiving the at least one compressed gas bottle (the carrier plate removably receives the compressed gas bottle to the back of the user, see c. 1: 39 – 44; examiner notes that applicant’s carrier plate receives the gas bottle indirectly via filling element 1 and a gas port connection element, labeled generally 7 in Fig. 5; in the same sense, carrier plate 11 of Lewis receives the gas bottle indirectly as well), and orienting a gas port of the compressed gas bottle towards a lower side of the carrier plate (see Figs. 1 – 3; the gas port and buddy breathing connection are oriented at a lower side to enable easy grasping, see c. 3: 11 – 13); and at least one filling element positioned in a space between the carrier plate and the at least one compressed gas bottle (10, c. 2: 5 – 7, see Fig. 1) such that an upper side of the at least one filling element terminates
PNG
media_image1.png
3
2
media_image1.png
Greyscale
at an upper edge of the carrier plate (see attachment 1 below, upper side “USF” terminates at upper edge “UFE” at left and right sides indicated by arrows; same termination enables the plate to be fixed to the filling element to close its interior, see c. 3: 40 – 41, and the plate has the same general periphery as the filling element as illustrated in Figs. 1 and 2), wherein the at least one filling element comprises: a first connection surface for engaging the at least one compressed gas bottle (c. 2: 32 – 37), and
PNG
media_image1.png
3
2
media_image1.png
Greyscale
a second positive connection element connected to the first positive connection surface and the carrier plate (see Fig. 1, Fig. 3, unlabeled fastening elements for fixing the filling element to the carrier plate, as described c. 1: 45, c. 3: 39).
However, Lewis does not disclose a first positive connection surface for engaging the at least one compressed gas bottle. Nonethelss, Mesman discloses a carrier plate (14) with a filling element (30, see Fig. 1) having a first positive connection surface (40) for engaging the at least one compressed gas bottle (see end of [0021]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the connection surface of Lewis with a positive connection surface as taught in Mesman, for the benefit of better retaining the air tank on the air pack, e.g. to prevent movement in the width direction.
Attachment 1: Arrows indicate where the filling element terminates at the carrier plate
PNG
media_image2.png
772
800
media_image2.png
Greyscale
2. Lewis discloses the carrier of claim 1, wherein at least one filling element has a length extending in a longitudinal direction along at least a quarter of a length of the carrier plate (see Fig. 1).
3. Lewis discloses the carrier of claim 1, wherein the at least one filling element has a wedge shape with a larger depth on an upper side than a lower side (see Figs. 1 and 2, the filling element is raised with a larger depth on an upper side in a central region, than in a non-raised region on the lower side, giving the filling element a wedge shape).
4. The modified Lewis discloses the carrier of claim 1, wherein the first positive connection surface is at least partially concave (see Mesman, Fig. 1, [0021]).
8. Lewis discloses the carrier of claim 1, wherein the at least one filling element further comprises at least one functional unit (c. 2: 25 – 31).
9. Lewis discloses the carrier of claim 8, wherein the at least one functional unit is received within a cavity of the at least one filling element (c. 2: 25 – 31, Fig. 1).
10. Lewis discloses the carrier of claim 8, wherein the at least one functional unit is at least one of: a gas sensor, an indicating device configured for indicating an operating condition, a lighting device, an acoustic warning element, a battery device, a radio device, and any combination thereof (c. 2: 38 – 49).
11. Lewis discloses the carrier of claim 10, wherein the indicating device is at least one of a battery indicator and a level indicator for the at least one compressed gas bottle (see Lewis, c. 2: 38 – 49; while applicant has further indicated the indicating device, the claim may still read on other features described in Lewis such as the acoustic warning element or battery device).
12. Lewis discloses the carrier of claim 10, wherein the lighting device is configured for signaling a state of the breathing apparatus or as an emergency lighting (see Lewis, c. 2: 38 – 49; while applicant has further indicated the lighting device, the claim may still read on other features described in Lewis such as the acoustic warning element or battery device).
13. Lewis discloses the carrier of claim 1, wherein the at least one filling element further comprises at least one receiving element configured for receiving a breathing hose (c. 3: 12 – 24).
14. Lewis discloses the carrier of claim 13, wherein the at least one receiving element is a depression (see depression in side of filling element 10, holding handle 29, as illustrated in Fig. 12).
16. The modified Lewis discloses a breathing apparatus comprising: at least one compressed gas bottle; a carrier plate configured for removably receiving the at least one compressed gas bottle, and orienting a gas port of the compressed gas bottle towards a lower side of the carrier plate; and at least one filling element positioned in a space between the carrier plate and the at least one compressed gas bottle such that an upper side of the at least one filling element terminates at an upper edge of the carrier plate, wherein the at least one filling element comprises: a first positive connection surface for engaging the at least one compressed gas bottle, and a second positive connection element connected to the first positive connection surface and the carrier plate (see claim 1 above).
17. Lewis discloses the breathing apparatus of claim 16, wherein at least one filling element has a length extending in a longitudinal direction along at least a quarter of a length of the carrier plate, and wherein the at least one filling element has a wedge shape with a larger depth on an upper side than a lower side (see claims 2 and 3 above).
19. Lewis discloses the breathing apparatus of claim 16, wherein the at least one filling element further comprises at least one functional unit received within a cavity of the at least one filling element, and wherein the at least one functional unit is at least one of: a gas sensor, an indicating device configured for indicating an operating condition, a lighting device, an acoustic warning element, a battery device, a radio device, and any combination thereof (see claim 10 above).
20. Lewis discloses the breathing apparatus of claim 16, wherein the at least one filling element further comprises at least one receiving element configured for receiving a breathing hose (see claims 13 and 14 above).
56. The modified Lewis discloses the carrier of claim 1, wherein at least a portion of the upper side of the at least one filling element is substantially parallel to an upper side of the carrier plate (examiner considers the upper side substantially parallel at the indicated arrows, as well as at the central region; the central region of the upper side appears to be slightly angled, which still lies within the bounds of “substantially parallel”; Mesman additionally discloses parallel upper sides between the plate and filling element, and it would have been obvious to one of ordinary skill in the art at the time of filing to modify Lewis with such features for the benefit of ease of manufacture).
Claim(s) 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US 6050261) in view of Mesman (US 20180117372) in view of Deeds (US 4054132).
5. The modified Lewis discloses the carrier of claim 1, but does not disclose wherein the first positive connection surface has a sealing lip configured for conforming to an outer surface of the at least one compressed gas bottle. Deeds discloses an arced surface comprising a sealing lip configured for conforming to an outer surface of the at least one compressed gas bottle (see Fig. 2, 33, C. 2: 55 - 58). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the positive connection element of Lewis in view of Mesman with the sealing lip of Deeds for the benefit of preventing tank slippage.
18. The modified Lewis discloses the breathing apparatus of claim 16, wherein the first positive connection surface is at least partially concave (see Mesman, [0021]) and has a sealing lip configured for conforming to an outer surface of the at least one compressed gas bottle (see Deeds, c. 2: 55 – 58).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US 6050261) in view of Mesman (US 20180117372) in view of Cottone (US 6550741).
6. The modified Lewis discloses the carrier of claim 1. In the analogous art of connection elements for holding heavy, cylindrical shaped objects, Cottone discloses a filling element comprising a first positive connection element wherein the first positive connection element has a surface for engaging at least one compressed gas bottle, wherein the first connection element surface is made from an elastomer material that conforms to the at least one compressed gas bottle (c. 4: 23 - 27). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the first positive connection element surface of Tekelenburg with the elastomer material of Cottone for the benefit of preventing slippage of the heavy, cylindrical gas bottle. Note also similar discussion for reducing slippage in Deeds, claim 5 above. Note also that the elastomer material may be provided on top of a rigid under layer.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US 6050261) in view of Mesman (US 20180117372) in view of Lee (US 20050103959).
7. The modified Lewis discloses the carrier of claim 1, but does not disclose wherein the second positive connection element is latched into a groove of the carrier plate. Lee discloses a filling element wheren the second positive connection is latched into a groove of the carrier plate (see Figs. 1 – 3). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the attachment of Lewis with the groove/latch of Lee for the benefit of a balanced, secure connection (see claim 2 of Lee).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 16, and dependents therein have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner notes that rejections to the neck guard under 35 USC 112(a) and 112(b) have been dropped. In particular, Fig. 7 illustrates the filling element 1 extending flush to the carrier plate, similar to Fig. 5. The additional neck guard 13 extends from the flush filing element 1, as further illustrated in Fig. 7.
Allowable Subject Matter
Claim 55 is allowed.
The following is an examiner’s statement of reasons for allowance:
The claims in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose or suggest all the features of claim 55.
Mesman, the closest prior art of reference, discloses a carrier for carrying at least one compressed gas bottle of a breathing apparatus, the carrier comprising: a carrier plate configured for removably receiving the at least one compressed gas bottle and orienting a gas port of the compressed gas bottle towards a lower side of the carrier plate (14); and at least one filling element positioned in a space between the carrier plate and the at least one compressed gas bottle (30), wherein the at least one filling element comprises: a first positive connection surface for engaging the at least one compressed gas bottle (see [0021]); a second positive connection element connected to the first positive connection surface and the carrier plate (fastening to the plate); and a neck guard extending from the at least one filling element and configured for cooperating with a helmet (handle 50 is interpreted as the neck guard, since it may be pulled into the helmet). However, Mesman does not disclose that the filling element comprises an upper side in flush contact with an upper edge of the carrier plate, because the upper side of the filling element lies below the upper edge, as illustrated in Fig. 1. Furthermore, it would not have been obvious to one of ordinary skill in the art to move the upper side flush to the upper edge, as such design may create undesirable deployment or snagging/interference with the handle, see [0027, 0029].
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ziaylek (US 8220764) and Riddling (US 4685601) read on claim 1 as currently written.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H PHILIPS whose telephone number is (571)270-5180. The examiner can normally be reached 8:00 - 5:00 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799