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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission has been entered.
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 – 58 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, and is furthermore necessary to carry housed components within the device, see c. 2: 8 – 14, 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
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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; examiner furthermore notes that the upper side at side wall 16 appears to follow a matched arc to the upper edge along the central portion as well) thereby guarding against penetration of the space between the carrier plate and the compressed gas bottle by an external object (plate 11 and element 10 are fixed to close the space, see c. 3: 38 – 49; as illustrated in Fig. 1, an item such as a cable could not pass through element 10 into the space, for example when approaching it from either the top or the side; see additional arguments below), 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
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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. Nonetheless, 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
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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; wherein the at least one filling element guards against penetration of the space between the carrier plate and the compressed gas bottle by an external object (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).
57. Lewis discloses the carrier of claim 1, wherein the at least one filling element guards against penetration of the space between the carrier plate and the compressed gas bottle by an external object when the carrier is in use (plate 11 and element 10 are fixed to close the space, see c. 3: 38 – 49; as illustrated in Fig. 1, an item such as a cable could not pass through element 10 into the space, for example when approaching it from either the top or the side during use; see additional arguments below).
58. Lewis discloses the carrier of claim 1, wherein the filling element has a length extending in a longitudinal direction up to a port of the at least one compressed gas bottle at the lower end of the carrier plate (element 10 extends up to the port of the gas bottle as illustrated in Fig. 10; examiner notes that the claim as currently written may read on overlap between the gas port and the filling element, as long as the filling element extends fully longitudinally up to the port; furthermore, the gas port may be configured to extend beyond the lower side of the filling element, as illustrated in Mesman, Fig. 2).
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 filed 04/10/2026 have been fully considered but they are not persuasive.
On page 2, paragraph 2, applicant argues that closure plate 11 cannot be interpreted as receiving the gas bottle because it has no form of direct or indirect interaction with the gas bottle. However, as outlined in the rejection above, plate 11 indirectly receives the compressed gas bottle to the back of the user, see c. 1: 39 – 44. Without plate 11, the gas bottle could not realistically received by the SCBA device. The inner structure of element 10, as well as components such as 14, 18, and 19 within it, would be exposed to the back of the user without plate 11. An unworkably uncomfortable configuration of the structure/components protruding into the back of the user would persist, and the inner components would fall out of the device. The plate 11 is thus integral to construction of the SCBA device, and its reception of the gas bottle to the back of the user. Examiner notes that applicant’s carrier plate also receives the gas bottle indirectly via filling element 1 and a gas port connection element, labeled generally 7 in Fig. 5 in applicant’s specification.
On page 2, paragraph 3, applicant argues that the order of objects in Lewis (from the rear of the figure to the front) will be shell 10, then air tank 20, then closure plate 11. However, Fig. 1 clearly shows the order as air tank 20, then element 10, then plate 11. This is further iterated in c. 1: 39 – 49, c. 2: 20 – 30, c. 3: 37 – 49, and claim 1, in which Lewis describes the front plate 11 fixed to element 10 via its side wall 16. Element 10 is clearly positioned in a space between plate 11 and the at least one gas bottle.
On page 2, paragraph 4 – page 3, paragraph 2, applicant argues that element 10 does nothing to guard against entry into the space between plate 11 and gas bottle 20 because compartment cover 12 allows direct access to the space from plate 11. The examiner respectfully disagrees. As outlined in the rejection above, plate 11 and element 10 are fixed to close the space, and an item such as a cable could not pass through element 10 into the space, for example when approaching it from either the top or the side during use, see c. 3: 38 – 49, Fig. 1 While cover 12 allows access to the interior of element 10, such penetration is by virtue of plate 11 rather than element 10. Even if the cover 12 were hypothetically repositioned onto element 10 to allow access to its interior, the element 10 would still guard against penetration when the cover 12 is screwed thereon, as expected during normal use. See c. 2: 16 – 19.
Without admitting otherwise, examiner furthermore points out that the claims do not require the filling element to guard against penetration of all access from the space between the carrier plate and the compressed gas bottle. Applicant’s specification would not even support such amendment, as applicant’s filling element 1 guards against penetration of the space between the carrier plate and the gas bottle by filling up the space only partly, see [0114], Fig. 5b. Furthermore, similar to the aforementioned cover 12 in Lewis, applicant’s filling element 1 appears to allow plate-side access to its interior housing electronic components, see removed configuration in Fig. 3a.
As such, examiner hereby maintains rejection of claims 1, 16, and dependents therein as presented in the rejection above.
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.
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.
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/BRADLEY H PHILIPS/ Primary Examiner, Art Unit 3799
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