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 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oshima (JPH07308394A) (see previously attached translation) in view of Shikagawa et al. (US 10,848,073).
Oshima discloses:
1. A portable emergency escape device (2, figure 1) comprising:
a casing (2, figure 4, see below)
a drum (reel, figure 4) rotatably installed inside the casing (figure 4) and around which a wire (4) is wound (figure 4);
a reduction gear (14, 17) connected to the drum (figure 4);
a DC motor (108, figure 4) having a rotation shaft connected to the reduction gear (figure 5);
a safety belt (9, figure 3) worn by a user (figure 2, see below);
a braking resistor (104) for determining a descent speed ([0006], [0015]); and
a constant speed control unit (113) connected to the braking resistor (figure 6), wherein the braking resistor (104) is connected between both ends (+, -) of a power input terminal of the DC motor (figure 6), and the braking resistor (104) can control a resistance value (known function of a braking resistor),
wherein the constant speed control unit (113) changes the resistance value of the braking resistor in response to the user's weight to maintain the descent speed constant regardless of the user's weight (as both the resistance value and speed control unit are a function of the drum rotation which is a function of the user’s weight), and when descending, changes the resistance value of the braking resistor by detecting a rotation amount of one selected from the DC motor (rotation detector 110), the drum, the reduction gear, and a guide roll in response to the weight of the user to change the resistance value of the braking resistor ([0018]),
wherein the constant speed control unit includes a voltage detector (107), a PWM control microcomputer (112), a switching element (105), and a shunt resistor (another of plurality of 104; note that it is disclosed that more than one resistor can be used for desired results; [0015]), and
wherein the switching element (105) is connected to the braking resistor (104), and the constant speed control unit (113) performs a pulse control using the switching element to change the resistance value between both ends of the power input terminal of the DC motor ([0015]).
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(figure 6 on following page)
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Oshima does not disclose the constant speed control unit to include an SMPS regulator or a B contact relay, wherein the B contact relay connects the braking resistor to both ends of the DC motor even when at least one of the SMPS regulator, the PWM control microcomputer, and the switching element fails.
However, Shikagawa et al. teach: the constant speed control unit to include an SMPS regulator (32) and a B contact relay (33-3; figure 5), wherein the B contact relay (33-3; figure 5) connects the braking resistor to both ends of the DC motor even when at least one of the SMPS regulator, the PWM control microcomputer, and the switching element fails (col. 16, lines 35-52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the constant speed control unit of Oshima with an SMPS regulator and B contact relay, as taught by Shikagawa et al., so as to regulate the voltage and provide a failsafe system to the unit, so as to better control the operation of the escape device.
Oshima further discloses: 8. The portable emergency escape device according to claim 1, wherein the braking resistor (104) is configured by connecting a plurality of resistance elements in parallel or series (“multiple resistors”, [0015], and figure 6).
Response to Arguments
Applicant's arguments filed June 18, 2026, have been fully considered but they are not persuasive.
Applicant’s remarks against the prior art of Oshima are primarily directed to the argument that the reference does not disclose the particular components of the constant speed control unit, now claimed in claim 1.
However, as advanced in the above rejection, Oshima does disclose at least the voltage detector (107), PWM control microcomputer (112), switching element (105) and shunt resistor (one of 104). Additionally, newly applied secondary reference teaches a control unit including SMPS regulator and a B contact relay for completing connections in the event one of the other components fails. Both SMPS regulators and B contact relays are well known in the art of the control units, used to control voltage power supply mode and providing a backup circuit connection in the event one of the control unit components fails. It is also noted that these claimed components appear to be commonly used components in speed control units for monitoring and safely operating in controlled settings.
Applicant also argues that Oshima does not disclose the speed control unit changes the resistance value of the braking resistor in response to the user’s weight, and that by contrast the reference teaches a speed command value that the user sets through a setting device. However, examiner again points out that both the resistance value and speed control unit are a function of the drum rotation which is a function of the user’s weight.
For at least these reasons the applicant’s remarks are not found persuasive and the claims remain rejected as advanced above.
Conclusion
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 COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634
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