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 .
This office action is in response to the claims filed 10/4/22. Claims 1-20 are pending in the instant application.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as anticipated by Schuler (5,379,761) or, in the alternative, under 35 U.S.C. 103 as obvious over Schuler (5,379,761) in view of Atkins (5,655,524).
Regarding claim 1, Schuler discloses a pressure reducer for a SCBA (see Fig. 1-7, abstract, col. 1 ln. 4-18 and col. 4 ln. 3-4, pressure reducer 10), the pressure reducer including a body comprising an outer surface (see Fig. 1 and 2-3, body 12 with outer surface as shown, col. 4 ln. 3-5); a valve unit disposed within the body and configured to receive a breathable gas from a high-pressure tank at a tank pressure and to deliver the breathable gas at an outlet pressure lower than the tank pressure (see Fig. 1 showing the pressure reducer coupled to a high-pressure tank 20, see col. 4 ln. 10; valve unit defined by elements 82, 84, and 94 and receives the breathable gas from the tank and delivery at a lower outlet pressure via outlets 32, 34, 36, 38, 62, 64, 70, see col. 4 ln. 18-42); a plurality of vent holes extending from the outer surface of the body, the plurality of vent holes configured to vent a gas from an interior of the body (see annotated Fig. 4 below with vent holes labeled as shown, interior 28 of body 12; see Fig. 5-6 and col. 5 ln. 44-53 which discloses that 208 & 210 are outlets that allow high pressure gas from 12 to flow out to a pressure gauge); and a cover disposed on the outer surface and enclosing the plurality of vent holes, the cover comprising a fluid passage disposed in fluid communication with the plurality of vent holes, wherein the fluid passage is configured to receive the gas from the plurality of vent holes and discharge the gas externally of the cover (cover 202 or 202, 226, and 224; see annotated Fig. 2 below with fluid passageway labeled as shown; see col. 5 ln. 44-53 which discloses the gas received from vent holes and discharged externally of cover to pressure gauge). Schuler’s cover is removably disposed on the outer surface of the body (see Fig. 2-3, 226 is removable to access retainer and thus removal of this allows removal of 202, cover is also removable as it is ‘able to be removed’, the ordinary definition of the term ‘removable’, under enough force applied).
In the alternative, if Schuler’s cover is interpreted to not be explicitly removable, Atkins discloses a similar pressure reducer device which includes removable parts allowing for access to parts for replacement of worn parts (see Atkins col. 1 ln. 40-45). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Schuler device’s cover to explicitly be removably disposed, as taught by Atkins, in order to provide the ability to access parts for replacement of worn parts (see Atkins col. 1 ln. 40-45). See also MPEP 2144.04 V C.
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Regarding claim 2, the Schuler/modified Schuler device’s body further includes a top end and a bottom end opposite to the top end, and wherein the plurality of vent holes is spaced apart from each other on the outer surface between the top end and the bottom end of the body (see Schuler: Fig. 2, top end being the left hand side of body 12 in this figure and bottom end on right hand side; Fig. 4 top end being top part of body 12 and bottom end being bottom part of body 12, vent holes labeled above in annotated Fig. 4 which are spaced apart from each other and are between the top and bottom end of the body).
Regarding claim 3, the Schuler/modified Schuler device’s cover further includes a top edge disposed proximal to the top end of the body, a bottom edge opposite to the top edge and disposed proximal to the bottom end of the body, a first lateral edge extending from the top edge to the bottom edge, and a second lateral edge extending from the top edge to the bottom edge and opposite to the first lateral edge (Schuler Fig. 2 and 4 when body 12 is interpreted to be only the portion of 12 shown below in annotated Fig. 4 with top and bottom ends as labeled with the vent holes therebetween; see Schuler: Fig. 2, top edge being the left hand edge of cover in this figure, i.e. part including 226, and bottom edge being right most edge of 202 in this figure, first and second lateral edges being the edges of cover that connect top and bottom edges as shown; Fig. 4 top edge being top part of cover, i.e. part 226, and bottom edge being bottom part of cover 202, first and second lateral edges being the edges of cover 202 that connect top and bottom edges).
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Regarding claim 4, the Schuler/modified Schuler device’s cover further includes a wide portion disposed between the top edge and the bottom edge, and wherein the wide portion has a width greater than a width of a rest of the cover (see Schuler Fig. 2 and annotated Fig. 4 above referenced by claim 3; wide portion of cover being 202 with width greater than width of the rest of cover, i.e. width of 226 and 224 when interpreted to be part of/defining cover along with 202).
Regarding claim 7, the Schuler/modified Schuler device’s body further includes a recess disposed on the outer surface, wherein at least one vent hole from the plurality of vent holes is disposed in the recess, and wherein the fluid passage is at least partially aligned with the recess (see Schuler Fig. 2 and 4, upper portion of body 12 includes a recess which defines a smaller diameter portion with the outlet vents, labeled in annotated Fig. 4 above referenced by claim 1, and fluid passage at least partially aligned therewith, see annotated Fig. 2 above).
Regarding claim 8, the Schuler/modified Schuler device’s cover further includes an internal surface at least partially engaging with the outer surface of the body and an external surface opposing the internal surface, and wherein the fluid passage is a recessed channel disposed on the internal surface of the cover and aligned with the plurality of vent holes (see Schuler Fig. 2 and 4 and the annotated Figs. above with parts labeled as shown, inner surface being surface proximal to body 12, outer surface being the opposite surface with fluid passage that is a recessed channel disposed on the internal surface and aligned with the vent holes).
Regarding claim 9, the Schuler/modified Schuler device further includes a plurality of mechanical fasteners configured to removably couple the cover to the body (see Schuler Fig. 2, with cover being 202, 224, and 226, 224 and threaded portion of 226 being mechanical fasteners, see col. 5 ln. 44-53, cover modified to explicitly be removable as discussed above in claim 1).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuler and Atkins in view of Messner (2016/0377188).
Regarding claim 10, the Schuler/modified Schuler device is silent as to the body further including a plurality of fastener openings extending from the outer surface, wherein the cover further includes a plurality of cover openings extending therethrough and aligned with corresponding fastener openings from the plurality of fastener openings of the body, and wherein each of the plurality of mechanical fasteners is at least partially received through a corresponding cover opening from the plurality of cover openings and received within the corresponding fastener opening (note Schuler in Fig. 2 shows fasteners 224 and 226 interfacing with openings but not the particularly claimed details). However, Messner teaches a similar SCBA device which includes connection of parts via plural mechanical fasteners and plural fastener openings (see Messner Fig. 3 fasteners 7 interfacing with openings as shown, fasteners 2 interfacing with hidden openings in Fig. 3 but shown in Fig. 5, see para. 0056). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Schuler/modified Schuler device to include plural mechanical fasteners interfacing with plural fastener openings between the body and the cover, as taught by Messner, as this would have been obvious substitution of one known element for another (i.e. replacing the threaded fastener of 226 connecting to threaded opening in body with plural fasteners and fastener openings between the cover and the body).
Claim(s) 11 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuler and Atkins in view of Maffatone (5,678,542).
Regarding claim 11, Schuler discloses a self-contained breathing apparatus (see Fig. 1-7, abstract, col. 1 ln. 4-18 and col. 4 ln. 3-4) which includes a high-pressure tank configured to store a breathable gas at a tank pressure (high-pressure tank 20, see col. 4 ln. 10); and a pressure reducer coupled to the high-pressure tank (pressure reducer 10) and including a body comprising an outer surface (see Fig. 1 and 2-3, body 12 with outer surface as shown, col. 4 ln. 3-5); a valve unit disposed within the body and configured to receive a breathable gas from the high-pressure tank at a tank pressure and to deliver the breathable gas at an outlet pressure lower than the tank pressure (see Fig. 1 showing the pressure reducer coupled to a high-pressure tank 20, see col. 4 ln. 10; valve unit defined by elements 82, 84, and 94 and receives the breathable gas from the tank and delivery at a lower outlet pressure via outlets 32, 34, 36, 38, 62, 64, 70, see col. 4 ln. 18-42); a plurality of vent holes extending from the outer surface of the body, the plurality of vent holes configured to vent a gas from an interior of the body (see annotated Fig. 4 above with vent holes labeled as shown, interior 28 of body 12; see Fig. 5-6 and col. 5 ln. 44-53 which discloses that 208 & 210 are outlets that allow high pressure gas from 12 to flow out to a pressure gauge); and a cover disposed on the outer surface and enclosing the plurality of vent holes, the cover comprising a fluid passage disposed in fluid communication with the plurality of vent holes, wherein the fluid passage is configured to receive the gas from the plurality of vent holes and discharge the gas externally of the cover (cover 202 or 202, 226, and 224; see annotated Fig. 2 above with fluid passageway labeled as shown; see col. 5 ln. 44-53 which discloses the gas received from vent holes and discharged externally of cover to pressure gauge). Schuler’s cover is removably disposed on the outer surface of the body (see Fig. 2-3, 226 is removable to access retainer and thus removal of this allows removal of 202, cover is also removable as it is ‘able to be removed’, the ordinary definition of the term ‘removable’, under enough force applied). In the alternative, if Schuler’s cover is interpreted to not be explicitly removable, Atkins discloses a similar pressure reducer device which includes removable parts allowing for access to parts for replacement of worn parts (see Atkins col. 1 ln. 40-45). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Schuler device’s cover to explicitly be removably disposed, as taught by Atkins, in order to provide the ability to access parts for replacement of worn parts (see Atkins col. 1 ln. 40-45). See also MPEP 2144.04 V C. The Schuler/modified Schuler device is silent as to explicitly including a facemask to be worn by the user and defining an interior region adjacent the user’s face when donned and a regulator mounted on the facemask; however, Maffatone discloses a similar SCBA device which includes this feature (see Maffatone Fig. 2 and col. 6 ln. 31-33, facemask 29 and regulator 31). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Schuler device/modified Schuler device to include a facemask and second stage regulator, as taught by Maffatone, as this would have been obvious substitution of one known element for another and one would expect the modified Schuler device to perform equally as well.
Regarding claim 17, the modified Schuler device’s body further includes a recess disposed on the outer surface, wherein at least one vent hole from the plurality of vent holes is disposed in the recess, and wherein the fluid passage is at least partially aligned with the recess (see Schuler Fig. 2 and 4, upper portion of body 12 includes a recess which defines a smaller diameter portion with the outlet vents, labeled in annotated Fig. 4 above, and fluid passage at least partially aligned therewith, see annotated Fig. 2 above).
Regarding claim 18, the modified Schuler device’s cover further includes an internal surface at least partially engaging with the outer surface of the body and an external surface opposing the internal surface, and wherein the fluid passage is a recessed channel disposed on the internal surface of the cover and aligned with the plurality of vent holes (see Schuler Fig. 2 and 4 and the annotated Figs. above with parts labeled as shown, inner surface being surface proximal to body 12, outer surface being the opposite surface with fluid passage that is a recessed channel disposed on the internal surface and aligned with the vent holes).
Regarding claim 19, the modified Schuler device further includes a plurality of mechanical fasteners configured to removably couple the cover to the body (see Schuler Fig. 2, with cover being 202, 224, and 226, 224 and threaded portion of 226 being mechanical fasteners, see col. 5 ln. 44-53, cover modified to explicitly be removable as discussed above).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuler, Atkins, and Maffatone as applied to claim 11 above, and further in view of Phifer et al. (7,658,190).
Regarding claim 12, the modified Schuler device’s body further includes a top end and a bottom end opposite to the top end, and wherein the plurality of vent holes is spaced apart from each other on the outer surface between the top end and the bottom end of the body (see Schuler: Fig. 2, top end being the left hand side of body 12 in this figure and bottom end on right hand side; Fig. 4 top end being top part of body 12 and bottom end being bottom part of body 12, vent holes labeled above in annotated Fig. 4 which are spaced apart from each other and are between the top and bottom end of the body). The modified Schuler device is silent as to further including a tank holder to detachably receive the high-pressure tank and the pressure reducer detachably attached thereto in a vertical orientation with respect to the tank holder; however, Phifer discloses a similar SCBA system which includes a tank holder to detachably receive the high-pressure tank and the pressure reducer detachably attached thereto in a vertical orientation with respect to the tank holder (see Phifer Fig. 1 and 3-5, col. 7 ln. 31-46 and col. 8 ln. 9-20; tank holder 21 including basket 23, vertically aligned pressure reducer 26). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Schuler device to explicitly include a tank holder and a vertically aligned pressure reducer, as taught by Phifer, in order to provide explicit structural element to hold pressurized tank and replacement tank and would be obvious rearrangement of parts of the pressure reducer. See MPEP 2144.04 VI C.
Regarding claim 13, modified Schuler device’s cover further includes a top edge disposed proximal to the top end of the body, a bottom edge opposite to the top edge and disposed proximal to the bottom end of the body, a first lateral edge extending from the top edge to the bottom edge, and a second lateral edge extending from the top edge to the bottom edge and opposite to the first lateral edge (Schuler Fig. 2 and 4 when body 12 is interpreted to be only the portion of 12 shown above in annotated Fig. 4, referenced by claim 3, with top and bottom ends as labeled with the vent holes therebetween; see Schuler: Fig. 2, top edge being the left hand edge of cover in this figure, i.e. part including 226, and bottom edge being right most edge of 202 in this figure, first and second lateral edges being the edges of cover that connect top and bottom edges as shown; Fig. 4 top edge being top part of cover, i.e. part 226, and bottom edge being bottom part of cover 202, first and second lateral edges being the edges of cover 202 that connect top and bottom edges).
Regarding claim 14, the modified Schuler device’s cover further includes a wide portion disposed between the top edge and the bottom edge, and wherein the wide portion has a width greater than a width of a rest of the cover (see Schuler Fig. 2 and annotated Fig. 4 above referenced by claim 3; wide portion of cover being 202 with width greater than width of the rest of cover, i.e. width of 226 and 224 when interpreted to be part of/defining cover along with 202).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuler, Atkins, and Maffatone as applied to claim 11 above, and further in view of Messner.
Regarding claim 20, the modified Schuler device is silent as to the body further including a plurality of fastener openings extending from the outer surface, wherein the cover further includes a plurality of cover openings extending therethrough and aligned with corresponding fastener openings from the plurality of fastener openings of the body, and wherein each of the plurality of mechanical fasteners is at least partially received through a corresponding cover opening from the plurality of cover openings and received within the corresponding fastener opening (note Schuler in Fig. 2 shows fasteners 224 and 226 interfacing with openings but not the particularly claimed details). However, Messner teaches a similar SCBA device which includes connection of parts via plural mechanical fasteners and plural fastener openings (see Messner Fig. 3 fasteners 7 interfacing with openings as shown, fasteners 2 interfacing with hidden openings in Fig. 3 but shown in Fig. 5, see para. 0056). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Schuler device to include plural mechanical fasteners interfacing with plural fastener openings between the body and the cover, as taught by Messner, as this would have been obvious substitution of one known element for another (i.e. replacing the threaded fastener of 226 connecting to threaded opening in body with plural fasteners and fastener openings between the cover and the body).
Allowable Subject Matter
Claims 5-6 and 15-16 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 prior art of record does not disclose, either alone or suggest in combination, a pressure reducer/SCBA, including the limitations set forth in claims 1-3 and 11-13, respectively, and further including that the fluid passage extends between a closed passage end disposed proximal to the top edge and an open passage end disposed at the bottom edge of the cover, the open passage end forming a cover vent opening configured to discharge the gas externally of the cover as set forth in claims 5 and 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Teetzel et al. (7,647,927), Buck (2015/0283409), Mele (7,191,790), Toft et al. (6,091,331), and Lewis (5,331,955) each disclose pressure reducers for self-contained breathing systems similar to the claimed/disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN W STUART/ Primary Examiner, Art Unit 3785