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 .
Claim Rejections - 35 USC § 112
Claims 2-7, 9-14, and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 2, the claim contains the limitation of “the first connector is at a free end of a fill hose extending from the emergency air fill panel” (please see the last clause of the claim). However, this clause appears to be optional, based on the following (antecedent) phrase/clause:
2. The breathable air supply system of claim 1, wherein at least one of: the emergency air fill site communicatively coupled to the fixed piping system is one of: an emergency air fill panel and a rupture containment air fill station stationed at a level within the structure, and the first connector is at a free end of a fill hose extending from the emergency air fill panel.
As underscored by the Examiner, Claim 2 as currently written (as best understood by Examiner) requires a breathable air supply system with “an emergency air fill panel” or “a rupture containment air fill station stationed at a level within the structure”. In the case of the breathable supply system having only “a rupture containment air fill station” (as currently allowed by Claim 2), it is unknown how such a system would have a first connector and a fill hose extending from a (not required) emergency air fill panel. Accordingly, the scope of the claim is unclear, rendering Claim 2 indefinite.
Regarding Claims 9 and 16, these claims contain the same issue as described for Claim 2 above.
Regarding Claims 3-7, 10-14, and 17-20, these claims depend on Claims 2, 9, and 16 respectively, and therefore suffer the same issues.
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 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.
Claims 1-6, 8-13, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siebert (US 2003/0183300).
Regarding the Claims, Examiner makes the following comments and interpretations concerning limitations drawn to first through fifth connectors and fill hoses of the present claim set:
In a telephonic interview conducted 9 February 2026 (said interview conducted by Examiner to gain clarity on what Applicant considers to be the first through fifth “connectors” of the present claim set), the Attorney identified the following:
first connector: items 312 and/or 332, shown at Figs. 3A and 3B.
second connector: item 208, shown at Fig. 4.
third connector 306 and/or 326 shown at Fig 3A.
fourth connector 216, shown at Fig. 4.
fifth connector 218, shown at Fig. 4.
However, and with regards to the “third connector” of the presently claimed invention, Examiner notes that Applicant’s disclosure teaches connector 326 as connected to “high-pressure fill hose 322”, which is used for the filling of SCBA cylinders (please see para 30 of the specification). The disclosure additionally teaches connector 312 and connector 306 connected to “low pressure fill hose 302”, which is used for providing breathable air to a user (see para 31). In Applicant’s disclosure, the high-pressure fill hose 322 is not couplable to the low-pressure fill hose.
In the present set of claims, Applicant also claims (item numbers as identified by Applicant above and the present disclosure added) “the first connector (312/332) is at a free end of a fill hose extending from the emergency air fill panel (300A)” at Claim 2. Applicant additionally claims “a third connector provided on a main frame thereof to which the fill hose is connected and from which the fill hose extends to the free end thereof” at Claim 4.
Applicant additionally claims “another fill hose coursing through the fire hose (200 1P) to the second end (212) thereof” at Claim 3, and “the another fill hose is couplable to the fill hose of the emergency air fill panel (300A)” at Claim 5. The “another fill hose” is further limited at Claim 6, and requires “a fourth connector (216) proximate the second end (212) of the fire hose (200 1P) couplable to a fifth connector of the SCBA.”
As shown above, Examiner concludes that the identifications above for the first through fifth connectors do not expressly match Applicant’s disclosure and claim set. After analysis of the application, Examiner treats the claims in accordance with the following definitions/interpretations:
First and second connectors: Examiner interprets the “first connector” to be connector 306, and the “second connector” to be connector 208 (see Fig 4). Please see the limitations of Claims 1 and 2, wherein
(Claim 1) “…the first connector is connectably complementary to a second connector of a fire hose configured to carry a fire suppression agent through a first channel thereof, the second connector being at a first end of the fire hose and communicatively coupled to a second channel of the fire hose separate from the first channel… wherein connection of the first connector to the second connector supplies the regulated, pressurized volume of the breathable air through the second channel to a second end of the fire hose couplable to the SCBA of the user.”
(Claim 2) “the first connector is at a free end of a fill hose extending from the emergency air fill panel.
Third connector: Examiner interprets the “third connector” to be connector 312 (see Fig 3A). Please see Claim 4: “…the emergency air fill panel further comprises a third connector provided on a main frame thereof to which the fill hose is connected and from which the fill hose extends to the free end thereof.”
Fourth and fifth connectors: Examiner interprets the “fourth connector” to be connector 216, and the “fifth connector” to be connector 218, as previously identified by the Attorney and shown at Fig 4.
Additionally, Examiner interprets the “fill hose” introduced at Claim 1 to be “low-pressure fill hose 302”, and the “another fill hose” introduced at Claim 3 to be “fill hose 210” associated with “second channel 204”. Please see Fig 4.
Therefore,
Regarding Claim 1, Siebert discloses a breathable air supply system within a structure comprising:
- a fixed piping system permanently installed within the structure serving as a source of breathable air (Seibert discloses a "pressurized air source 28" as an air compressor (e.g. "fixed piping system" installed in a fire truck (e.g., "structure") at para 18); and
- an emergency air fill site (Fig 1, Examiner's annotations) communicatively coupled to the fixed piping system (Examiner's annotations of Fig 1 show the emergency air fill site as part of the pressurized air source 28 and firefighting liquid source 16; see also paras 15-16) to port a regulated, pressurized volume of the breathable air out through a first connector (Fig 2, Examiner's annotations, wherein the first connector of air hose 22 connects with second connector 30) thereof,
wherein
- the first connector (Fig 2, Examiner's annotations) is connectably complementary to a second connector (connector 30, introduced at para 19) of a fire hose (fire hose 10, further comprising liquid hose 12 and air hose 22, per paras 15-16) configured to carry a fire suppression agent (from "firefighting liquid source 16") through a first channel thereof (liquid hose 12 is specifically disclosed as "capable of delivering firefighting liquid", see at least paras 16 and 19-23),
- the second connector (30) being at a first end of the fire hose and communicatively coupled to a second channel (air hose 22) of the fire hose (10) separate from the first channel (of liquid hose 12; separate channels shown at least at Fig 1) , and
- the second channel (22) configured to carry the regulated, pressurized volume of the breathable air therethrough to a Self-Contained Breathing Apparatus (SCBA) of a user (via connector 30 and quick disconnect 32, wherein " Quick disconnect 32 is adapted to be coupled to a SCBA hose 34". See at least Fig 1 and para 20), and
- wherein connection of the first connector (Fig 2, Examiner's annotations) to the second connector (30) supplies the regulated, pressurized volume of the breathable air through the second channel to a second end of the fire hose couplable to the SCBA of the user (as shown in Fig 1 and paras 19-20, each coupler 20 further comprises "one or more connectors 30...providing one or more independent air stations, each supplied by its own air hose 22." Additionally, per paras 15-16, liquid hose 12 and air hose 22 each "comprises a plurality of sections" that are linked together to form the desired hose length. See also paras 18-20, which teaches connection to SCBA tank 36 and user breathing mask 38).
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Regarding Claim 2, Siebert discloses a breathable air supply system within a structure, wherein at least one of:
- the emergency air fill site communicatively coupled to the fixed piping system (Fig 1, Examiner's annotations) is one of:
- an emergency air fill panel (Fig 1, Examiner's annotations) and a rupture containment air fill station stationed at a level within the structure, and
- the first connector (Fig 2, Examiner's annotations) is at a free end of a fill hose (Examiner interprets air hose 22 to also be a "fill hose" per the rationale as explained above. Siebert discloses multiple air hoses 22; the first one is interpreted as being the "fill hose" of the present claim) extending from the emergency air fill panel (Fig 1, Examiner's annotations).
Regarding Claim 3, Siebert discloses a breathable air supply system within a structure, wherein he second channel (22) is constituted by another fill hose (a second air hose 22, as shown by Examiner in the annotated Fig 1) coursing through the fire hose (10) to the second end thereof (See at least para 20).
Regarding Claim 4, Siebert discloses a breathable air supply system within a structure, wherein the emergency air fill panel further comprises a third connector (inlet 26) provided on a main frame thereof to which the fill hose (22) is connected and from which the fill hose (22) extends to the free end thereof (See Fig 1 and para 18: "Air hose 22 has an inlet 26 adapted for coupling to a pressurized air source 28, such as an air compressor").
Regarding Claim 5, Siebert discloses a breathable air supply system within a structure, wherein the another fill hose (the second of air "fill" hoses 22) is couplable to the fill hose (22) of the emergency air fill panel (such a coupling occurs via connectors 30, 32, and fasteners 24 per para 16. See also Fig 1 and paras 20-22).
Regarding Claim 6, Siebert discloses a breathable air supply system within a structure, wherein the another fill hose (22) comprises a fourth connector proximate the second end of the fire hose couplable to a fifth connector of the SCBA (see Fig 1, Examiner's annotations, and para 20).
Regarding Claim 8, Siebert discloses a breathable air supply system within a structure comprising:
- a fixed piping system permanently installed within the structure serving as a source of breathable air (Seibert discloses a "pressurized air source 28" as an air compressor (e.g. "fixed piping system" installed in a fire truck (e.g., "structure") at para 18); and
- an emergency air fill site (Fig 1, Examiner's annotations. Please also see the rejection of Claim 1 above.) communicatively coupled to the fixed piping system (Examiner's annotations of Fig 1 show the emergency air fill site as part of the pressurized air source 28 and firefighting liquid source 16; see also paras 15-16) to port a regulated, pressurized volume of the breathable air out through a first connector (Fig 2, Examiner's annotations) thereof,
- a fire hose (fire hose 10, further comprising liquid hose 12 and air hose 22, per paras 15-16) configured to carry a fire suppression agent (from "firefighting liquid source 16") through a first channel thereof (liquid hose 12 is specifically disclosed as "capable of delivering firefighting liquid", see at least para 15) and to carry the regulated, pressurized volume of the breathable air through a second channel (air hose 22) thereof to an SCBA of a user (Fig 1, para 20, and as shown in the rejection of Claim 1 above),
- the second channel (22) being separate from the first channel (12), and the fire hose (10) comprising a second connector (30) at a first end thereof communicatively coupled to the second channel (22),
- wherein the first connector (Fig 2, Examiner's annotations) is connectably complementary to the second connector (30) of the fire hose (10), and
- wherein connection of the first connector (Fig 2, Examiner's annotations) to the second connector (30) supplies the regulated, pressurized volume of the breathable air through the second channel (22) to a second end of the fire hose (10) couplable to the SCBA (36) of the user (38).
Regarding Claim 9, Siebert discloses a breathable air supply system within a structure, wherein at least one of:
- the emergency air fill site communicatively coupled to the fixed piping system (Fig 1, Examiner's annotations) is one of:
- an emergency air fill panel (Fig 1, Examiner's annotations) and a rupture containment air fill station stationed at a level within the structure (fire truck), and the first connector (Fig 2, Examiner's annotations) is at a free end of a fill hose (22) extending from the emergency air fill panel (Fig 1, Examiner's annotations).
Regarding Claim 10, Siebert discloses a breathable air supply system within a structure, wherein the second channel (22) is constituted by another fill hose (32) coursing through the fire hose (10) to the second end thereof (See Fig 1 as annotated by Examiner, and at least para 20).
Regarding Claim 11, Siebert discloses a breathable air supply system within a structure, wherein the emergency air fill panel further comprises a third connector (26) provided on a main frame thereof to which the fill hose is connected and from which the fill hose extends to the free end thereof (See Fig 1 and para 18).
Regarding Claim 12, Siebert discloses a breathable air supply system within a structure, wherein the another fill hose (22) is couplable to the fill hose (22) of the emergency air fill panel (such a coupling occurs via connectors 30, 32, and fasteners 24 per para 16. See also the annotated Fig 1 and paras 20-22).
Regarding Claim 13, Siebert discloses a breathable air supply system within a structure, wherein the another fill hose (22) comprises a fourth connector proximate the second end of the fire hose couplable to a fifth connector of the SCBA (see Fig 1, Examiner's annotations, and para 20).
Regarding Claim 15, Siebert discloses (via use of the apparatus as described in the rejections of Claims 1-14 above) a method of integration of a fire hose (10) configured to carry a fire suppression agent through a first channel (12) thereof with a breathable air supply system within a structure (fire truck) having a fixed piping system (Fig 1, Examiner’s annotations) installed therein to supply breathable air from a source (pressurized source 28) across the breathable air supply system including an emergency air fill site (Fig 1, Examiner’s annotations) configured to port a regulated, pressurized volume of the breathable air out through a first connector thereof (see at least paras 15-23), comprising:
- providing (Fig 1 and paras 15-23; see also the rejection of Claim 1 above) the first connector (Fig 2, Examiner's annotations) of the emergency air fill site as connectably complementary to a second connector (30) of the fire hose (10),
- the second connector (30) being at a first end of the fire hose and communicatively coupled to a second channel (air hose 22) of the fire hose (10) separate from the first channel (of liquid hose 12; separate channels shown at least at Fig 1) , and
- the second channel (air hose 22) configured to carry the regulated, pressurized volume of the breathable air therethrough to an SCBA of a user (Fig 1, para 20, and as shown in the rejection of Claim 1 above), and
- supplying the regulated, pressurized volume of the breathable air through the second channel (22) to a second end of the fire hose (10) couplable to the SCBA (36) of the user (38) based on connection of the first connector (Fig 2, Examiner's annotations) to the second connector (30).
Regarding Claim 16, Siebert discloses a method of integration of a fire hose comprising at least one of:
the emergency air fill site (Fig 1, Examiner's annotations) being one of:
- an emergency air fill panel (Fig 1, Examiner's annotations) and a rupture containment air fill station stationed at a level within the structure; and
- the first connector (Fig 2, Examiner's annotations) is at a free end of a fill hose (22) extending from the emergency air fill panel (Fig 1, Examiner's annotations).
Regarding Claim 17, Siebert discloses a method of integration of a fire hose comprising the second channel (22) being constituted by another fill hose (another item 22) coursing through the fire hose (10) to the second end thereof (See Fig 1, Examiner's annotations, and at least para 20).
Regarding Claim 18, Siebert discloses a method of integration of a fire hose comprising providing a third connector (26) on a main frame of the emergency air fill panel to which the fill hose (22) is connected and from which the fill hose extends to the free end thereof (see Fig 1 and para 18).
Regarding Claim 19, Siebert discloses a method of integration of a fire hose comprising the another fill hose (22) being couplable to the fill hose (22) of the emergency air fill panel (such a coupling occurs via connectors 30, 32, and fasteners 24 per para 16. See also the annotated Fig 1 and paras 20-22).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 7, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Siebert, in view of Heffer (US 4,905,684).
Regarding Claims 7, 14, and 20, Seibert teaches the claimed invention to include fourth and fifth connectors connectable to a SCBA apparatus of a breathable air supply system (see the rejections above). The Seibert reference additionally teaches “quick disconnect 32”, selectively coupled to SCBA tank 36 at paras 20-22.
The Seibert reference does not explicitly provide details of these connections, and therefore does not explicitly recite “the fourth connector of the another fill hose and the fifth connector of the SCBA are a female component and a male component respectively of a coupling therebetween such that the fourth connector receives a protruding element of the fifth connector therein and locks on to the fifth connector by way of a locking element of the fourth connector”, as claimed in Claim 7, and similarly claimed in Claims 14 and 20.
However, Examiner notes that complimentary male and female connectors are extremely well-known, and it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to ensure that appropriate connection of the Siebert invention did indeed match the required connection(s) of commercially available SCBA apparatuses used with said invention. Examiner additionally notes that Seibert appears to suggest such a male/female connection in Fig 1, even if the exact configuration as claimed by Applicant is not expressly taught in the disclosure of Siebert. Examiner additionally notes that Applicant does not appear to place any criticality in this exact claimed configuration. Please see para 32 of Applicant’s specification, where the male/female connection configuration is taught as being reversible.
Regardless, Heffer teaches a breathable air supply system (see at least Figs 2 and 6-7) featuring “a number of female jack couplings 8 are shown mounted in a panel 52 of the cabinet 14”, wherein male jack coupling 7 of a breathing mask with inlet tube 3 is plugged into said female jack coupling(s). Please see Col 5, line 57 to Col 6, line 10.
The Seibert and Heffer references each teach connections for breathable air in self-contained breathing apparatus. The Heffer reference additionally teaches specific male/female plug connections for quick connection during emergency situations. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to ensure that the quick connection 32 of the Siebert reference employed a male/female connection (e.g., “protruding” and “locking” elements as claimed by Applicant) to allow users to quickly connect breathing tubes in emergency situations. Since there are only two possible combinations of male/female connections with regards to their respective tubings, it also would have been obvious to try a configuration as claimed by Applicant at Claims 7, 14, and 20 (rather than the reverse configuration) in order to match the required connection for a commercially available SCBA apparatus. Please see MPEP 2143.
Therefore, the combination of Siebert and Heffer teaches:
(Claim 7): The breathable air supply system of claim 6, wherein the fourth connector of the another fill hose and the fifth connector of the SCBA (Siebert, Fig 1, Examiner’s annotations) are a female component and a male component (as taught by Heffer above) respectively of a coupling therebetween such that the fourth connector receives a protruding element of the fifth connector therein and locks on to the fifth connector by way of a locking element of the fourth connector (the standard mode of operation for complimentary male/female connectors).
(Claim 14): The breathable air supply system of claim 13, wherein the fourth connector of the another fill hose and the fifth connector of the SCBA (Siebert, Fig 1, Examiner’s annotations) are a female component and a male component (as taught by Heffer above) respectively of a coupling therebetween such that the fourth connector receives a protruding element of the fifth connector therein and locks on to the fifth connector by way of a locking element of the fourth connector (the standard mode of operation for complimentary male/female connectors), and
(Claim 20) The method of claim 19, comprising at least one of:
- providing the another fill hose with a fourth connector proximate the second end of the fire hose (10) couplable to a fifth connector of the SCBA (Siebert, Fig 1, Examiner’s annotations); and
- providing the fourth connector of the another fill hose and the fifth connector of the SCBA (Siebert, Fig 1, Examiner’s annotations) as a female component and a male component (as taught by Heffer above) respectively of a coupling therebetween such that the fourth connector receives a protruding element of the fifth connector therein and locks on to the fifth connector by way of a locking element of the fourth connector (the standard mode of operation for complimentary male/female connectors).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- US 2018/0243591 A1 teaches an emergency air breathing system “configured to utilize a standard operational firehose to refill an air tank carried by a firefighter or otherwise provide breathable air to the firefighter through their SCBA while fighting a fire”, featuring many of the claimed limitations of Applicant’s present claim set.
- US 5570685 A (attributed to Applicant) discloses a breathing air replenishment control system capable of filling high-pressure SCBA apparatuses, as shown (but not claimed) in the present application.
- US 5095899 A discloses “an air delivery system for emergency workers, wherein the air delivery system is adapted to be used with a water hose”, featuring many of the claimed limitations of Applicant’s present claim set.
- US 7168428 B1 teaches quick connections associated with a SCBA air tank, featuring male and female adapters.
- US 20010032892 A1 discloses a fire hose system having actively a controllable multi-channel fire hose with a breathable air channel.
- US 4134457 A discloses a life-saving emergency device for fire engine trucks that furnishes breathable air though the fire hose.
Applicant has additionally submitted numerous Information Disclosure Statements with the application, containing more than 330 U.S. references, in addition to many foreign references. At least the following, non-exhaustive sample set of these references are considered pertinent to the present Application:
US 1040311 A
US 6502421 B2
US 5507283 A
US 20080041378 A1
US 20080041377 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M AFFUL whose telephone number is (571)272-8421. The examiner can normally be reached Monday - Thursday: 7:30 AM - 5:00 PM Eastern Time.
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, Craig Schneider can be reached at 5712723607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M AFFUL/Examiner, Art Unit 3753