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 amendment filed 4/14/26. As directed by the amendment: claims 1, 7, 9, 11, and 16-17 have been amended, claims 6, 8, 15, and 19 have been cancelled, and claims 21-24 have been added. As such, claims 1-5, 7, 9-14, 16-18, and 20-24 are pending in the instant application.
Claim Objections
Claims 22 and 24 are objected to because of the following informalities:
Regarding claim 22, the language “secure around exterior surface of” (line 4-5) is objected to for a typographical/grammatical error; Examiner suggests amending to read –secure around an exterior surface of--.
Regarding claim 24, the language “secure around exterior surface of” (line 3-4) is objected to for a typographical/grammatical error; Examiner suggests amending to read –secure around an exterior surface of--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 21, the new claim limitation: “an end pivotally coupled to one or both of an aft wall or a top wall …” (line 3, emphasis added) appears to introduce new matter not found in the disclosure as originally filed. Fig. 16 and para. 0097 discloses that the end 854 of the moveable arm is “pivotally coupled to the aft wall 816, the top wall 814, or other walls” (para. 0097, emphasis added); however, this appears to support the end being pivotally coupled to one of the listed walls of the compartment in the alternative form and not pivotal coupling to both the aft and top wall (or other walls). Thus this limitation is new matter.
Regarding claim 23, the new claim limitation: “an end pivotally coupled to one or both of an aft wall or a top wall …” (line 2, emphasis added) appears to introduce new matter not found in the disclosure as originally filed. Fig. 16 and para. 0097 discloses that the end 854 of the moveable arm is “pivotally coupled to the aft wall 816, the top wall 814, or other walls” (para. 0097, emphasis added); however, this appears to support the end being pivotally coupled to one of the listed walls of the compartment in the alternative form and not pivotal coupling to both the aft and top wall (or other walls). Thus this limitation is new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12 and 16 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 12, the language “said moving comprises …” (line 1) is unclear as claim 11 as currently amended sets forth two ‘moving’ method steps and it is therefore unclear which this language is referring to.
Regarding claim 16, the language “said moving comprises …” (line 1-2) is unclear as claim 11 as currently amended sets forth two ‘moving’ method steps and it is therefore unclear which this language is referring to.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 7, 21, 11-13, 16, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (7,621,275) in view of Jong et al. (4,023,874).
Regarding claim 1, Fischer discloses an emergency oxygen system for an internal cabin of a vehicle (see Fig. 1-5, col. 1 ln. 14-21), the emergency oxygen system including: a housing including one or more compartments (see Fig. 1-2, housing 2 defining at least one compartment, col. 3 ln. 31-53); one or more oxygen assemblies, wherein the one or more oxygen assemblies include a mask and a fluid conduit (see Fig. 2, oxygen assemblies defined by mask 26 and fluid conduit 24, col. 3 ln. 54-61), wherein the mask is configured to be stowed within and deployed from the one or more compartments (Fig. 1); and a door moveably secured to the housing (Fig. 1-2, door 8, see col. 3 ln. 31-53), wherein the door is moveable between a closed position underneath the one or more compartments to secure the mask within the one or more compartments (Fig. 1), and an open position during a deployment event in which the mask drops down and laterally out of the one or more compartments (see Fig. 2, col. 3 ln. 31-61), and wherein the mask is configured to hang down from a portion of the door when the door is in the open position (see Fig. 2 and col. 3 ln. 31-61). The Fischer system is silent as to including one or more retainers coupled to the one or more compartments, wherein the one or more retainers are moveable between a retaining position in which the one or more retainers temporarily support the mask within the one or more compartments when the door is the open position, and a disengaged position in which the one or more retainers do not support the mask within the one or more compartments and wherein the one or more retainers comprise one or more arms coupled to one or more portions of the one or more compartments; however, Jong discloses a similar emergency oxygen system which includes this feature (see Jong Fig. 1-4, retainer 18, see col. 2 ln. 54-65 which discloses the opening and drop down function of the masks when retainer 18 is in the disengaged position and no longer supporting the masks in the compartment, col. 3 ln. 1-29 disclosing the retaining position when door 34 is open and the retainer is holding the mask in the compartment until the door is closed and engages actuator pin to release retainer 18 to place it in the disengaged position; retainer 18 being/comprising one or more arms as 18 is an arm element pivotally coupled at hinge 20 to portion 12/14 of the compartment when compartment is defined by element 10 and 12/14, 18 being also pivotally coupled indirectly to walls of 10 via 12/14 which are connected thereto via rivet spacers 17). 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 Fischer system to include the retainer, as taught by Jong, in order to provide easier inspection and repacking of the emergency oxygen system (see Jong col. 1 ln. 5-41).
Regarding claim 2, the modified Fischer system’s door is configured to rotate between the closed position and the open position (see Fischer Fig. 1-2 showing closed and open positions, respectively, wherein door 8 rotates about hinge 22 see col. 3 ln. 31-53).
Regarding claim 3, the modified Fischer system’s mask is supported on an interior surface of the door when the door is in the closed position (see Fischer Fig. 1 showing closed position with masks located in the housing and thus supported by the interior surface of the door, see col. 3 ln. 31-53).
Regarding claim 4, the modified Fischer system is such that at least a portion of the fluid conduit is secured to an interior surface of the door (see Fischer Fig. 2, portion of conduit 24 secured to interior surface of door 8 via straps 32, col. 4 ln. 1-9).
Regarding claim 7, the modified Fischer system is such that a portion of the door moves the one or more retainers from the retaining position to the disengaged position when the door moves into the closed position (see Jong col. 3 ln. 18-23).
Regarding claim 21, the modified Fischer system’s one or more arms include an end pivotally coupled to one or both of an aft wall or a top wall of the one or more compartments, a free end, and an intermediate body connecting the end to the free end (see Jong Fig. 2, end at hinge 20 is coupled to one/both of an aft wall or top wall as canister element 14 can be considered as part of the compartment, i.e. 10 and 14 defining compartment, and thus hinged end at 20 is coupled to aft wall when aft is the direction to the right in Fig. 2; hinged end 20 is also indirectly pivotally coupled to aft or top walls of compartment 10, when 10 itself is defined as the compartment; free end being the hooked opposite end from hinge 20 and intermediate body connecting the two).
Regarding claim 11, the use of the Fischer system inherently includes the method including stowing a mask of one or more oxygen assemblies within one or more compartments of a housing of an emergency oxygen system (see Fig. 1-2, housing 2 defining at least one compartment which holds oxygen assemblies each defined by a mask 26 and fluid conduit 24, col. 3 ln. 31-61); and moving a door secured to the housing between a closed position underneath the one or more compartments to secure the mask within the one or more compartments (see Fig. 1 showing the closed position in which the door 8 supports the mask assemblies and secures them within the compartment, col. 3 ln. 31-61), and an open position during a deployment event in which the mask drops down and laterally out of the one or more compartments (see Fig. 2 showing the open position during a deployment event, masks 26 dropping down and laterally out as shown), and wherein the mask is configured to hang down from a portion of the door when the door is in the open position (see Fig. 2 showing masks 26 hanging down from portion of the door 8). The Fischer use method is silent as to moving one or more retainers coupled to the one or more compartments, wherein the one or more retainers are moveable between a retaining position in which the one or more retainers temporarily support the mask within the one or more compartments when the door is the open position, and a disengaged position in which the one or more retainers do not support the mask within the one or more compartments and wherein the one or more retainers comprise one or more arms coupled to one or more portions of the one or more compartments; however, Jong discloses a similar emergency oxygen system which includes this feature (see Jong Fig. 1-4, retainer 18, see col. 2 ln. 54-65 which discloses the opening and drop down function of the masks when retainer 18 is in the disengaged position and no longer supporting the masks in the compartment, col. 3 ln. 1-29 disclosing the retaining position when door 34 is open and the retainer is holding the mask in the compartment until the door is closed and engages actuator pin to release retainer 18 to place it in the disengaged position; retainer 18 being/comprising one or more arms as 18 is an arm element pivotally coupled at hinge 20 to portion 12/14 of the compartment when compartment is defined by element 10 and 12/14, 18 being also pivotally coupled indirectly to walls of 10 via 12/14 which are connected thereto via rivet spacers 17). 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 Fischer use method to include the retainer, as taught by Jong, in order to provide easier inspection and repacking of the emergency oxygen system (see Jong col. 1 ln. 5-41).
Regarding claim 12, the modified Fischer method’s moving includes rotating the door between the closed position and the open position (see Fischer Fig. 1-2 showing closed and open positions, respectively, wherein door 8 rotates about hinge 22 see col. 3 ln. 31-53).
Regarding claim 13, the modified Fischer method further includes supporting the mask on an interior surface of the door when in the closed position (see Fischer Fig. 1 showing closed position with masks located in the housing and thus supported by the interior surface of the door, see col. 3 ln. 31-53).
Regarding claim 16, the modified Fischer use method’s moving includes moving by a portion of the door to move the one or more retainers from the retaining position to the disengaged position when the door moves into the closed position (see Jong col. 3 ln. 18-23).
Regarding claim 23, the modified Fischer use method’s one or more arms include an end pivotally coupled to one or both of an aft wall or a top wall of the one or more compartments, a free end, and an intermediate body connecting the end to the free end (see Jong Fig. 2, end at hinge 20 is coupled to one/both of an aft wall or top wall as canister element 14 can be considered as part of the compartment, i.e. 10 and 14 defining compartment, and thus hinged end at 20 is coupled to aft wall when aft is the direction to the right in Fig. 2; hinged end 20 is also indirectly pivotally coupled to aft or top walls of compartment 10, when 10 itself is defined as the compartment; free end being the hooked opposite end from hinge 20 and intermediate body connecting the two).
Claim(s) 5, 9, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer and Jong as applied to claims 4, 1, and 11 above, and further in view of Hay et al. (3,073,301).
Regarding claim 5, the modified Fischer system includes straps secured to the interior surface of the door to secure at least a portion of the fluid conduit to the interior surface of the door (see Fischer Fig. 2, portion of conduit 24 secured to interior surface of door 8 via straps 32, col. 4 ln. 1-9), but is silent as to the conduit being secured to the interior surface of the door with one or more clips; however, Hay discloses a similar system which includes using clips to secure elements (see Hay Fig. 1-2, clip 32, col. 5 ln. 9-15 and col. 6 ln. 52-59). 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 Fischer system to utilize clips to secure the fluid conduit, as taught by Hay, as this would have been obvious substitution of one known element for another and one would expect the modified Fischer system to perform equally as well.
Regarding claim 9, the modified Fischer system is silent as to the one or more retainers being snap clips; however, Hay discloses a similar system which includes using snap clips to secure elements (see Hay Fig. 1-2, clip 32, col. 5 ln. 9-15 and col. 6 ln. 52-59). 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 Fischer system to utilize snap clips to secure the mask, as taught by Hay, as this would have been obvious substitution of one known element for another and one would expect the modified Fischer system to perform equally as well.
Regarding claim 14, the modified Fischer use method secures at least a portion of a fluid conduit of the oxygen assemblies to an interior surface of the door via straps (see Fischer Fig. 2, portion of conduit 24 secured to interior surface of door 8 via straps 32, col. 4 ln. 1-9), but is silent as to the conduit being secured to the interior surface of the door with one or more clips; however, Hay discloses a similar system which includes using clips to secure elements (see Hay Fig. 1-2, clip 32, col. 5 ln. 9-15 and col. 6 ln. 52-59). 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 Fischer use method to utilize clips to secure the fluid conduit, as taught by Hay, as this would have been obvious substitution of one known element for another and one would expect the modified Fischer method to perform equally as well.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer, Jong, and Hay as applied to claim 5 above, and further in view of Han et al. (8,857,434).
Regarding claim 22, the modified Fischer system’s one or more clips include a base secured to the interior surface and a flexible prong extending therefrom to secure the tubing (see Hay Fig. 1-2, clip 32 including a base which is attached to door 26 with flexible free end extending therefrom to secure to the exterior surface of the tubing as this clip was applied to/replaced strap 32 of Fischer Fig. 2-3), but is silent as to the one or more clips including a base and flexible prongs, plural, as claimed. However, Han teaches a similar respiratory tube/conduit clip element which includes a base and flexible prongs extending therefrom to removably secure around an exterior surface of tubing (see Han Fig. 2-5, base 24 and flexible prongs 32 which removably secure around exterior surface of tubing 18, see col. 5 ln. 28-61). 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 Fischer system’s clip to be the dual flexible prong type clip, as taught by Han, as this would have been obvious substitution of one known element for another and one would expect the modified Fischer to perform equally as well.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer and Jong as applied to claim 1 above, and further in view of Baker et al. (2021/0237885).
Regarding claim 10, the modified Fischer system discloses a plurality of oxygen assemblies (see Fischer Fig. 2, plural oxygen assemblies defined by mask 26 and fluid conduit 24, see col. 3 ln. 54-61), but is silent as to the one or more compartments including a plurality of compartments; however, Baker discloses a similar emergency oxygen system which includes plural compartments for the oxygen assemblies (see Baker Fig. 1-2 and 5, para. 0038, plural compartments 6). 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 Fischer system’s one or more compartments to be plural compartments, as taught by Baker, in order to provide for separate sub-compartments for each oxygen assembly.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Jong and Hay.
Regarding claim 17, Fischer discloses a vehicle (Fischer’s emergency oxygen system is provided to an aircraft, col. 1 ln. 14-21) including an internal cabin (see Fig. 1-2 showing emergency oxygen system located in an internal cabin of an aircraft, see also col. 1 ln. 14-21); and an emergency oxygen system within the internal cabin and including a housing including one or more compartments (see Fig. 1-2, housing 2 defining at least one compartment, col. 3 ln. 31-53); one or more oxygen assemblies including a mask and a fluid conduit, wherein the mask is configured to be stowed within and deployed from the one or more compartments (see Fig. 2, oxygen assemblies defined by mask 26 and fluid conduit 24 in the deployed configuration, col. 3 ln. 54-61; Fig. 1 showing stowed configuration); a door moveably secured to the housing (Fig. 1-2, door 8, see col. 3 ln. 31-53), wherein the door is moveable between a closed position underneath the one or more compartments to secure the mask within the one or more compartments (Fig. 1), and an open position during a deployment event in which the mask drops down and laterally out of the one or more compartments (see Fig. 2, col. 3 ln. 31-61), wherein the mask is supported on an interior surface of the door when in the closed position (see Fig. 1 showing closed position with masks located in the housing and thus supported by the interior surface of the door, see col. 3 ln. 31-53), wherein the mask is configured to hang down from a portion of the door when the door is in the open position (see Fig. 2 and col. 3 ln. 31-61), including straps to secure at least a portion of the fluid conduit to the interior surface of the door (see Fig. 2, portion of conduit 24 secured to interior surface of door 8 via straps 32, col. 4 ln. 1-9). Fisher is silent as to the conduit being secured to the interior surface of the door with one or more clips; however, Hay discloses a similar system which includes using clips to secure elements (see Hay Fig. 1-2, clip 32, col. 5 ln. 9-15 and col. 6 ln. 52-59). 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 Fischer system to utilize clips to secure the fluid conduit, as taught by Hay, as this would have been obvious substitution of one known element for another and one would expect the modified Fischer system to perform equally as well. The now modified Fischer is silent as to including one or more retainers coupled to the one or more compartments, wherein the one or more retainers are moveable between a retaining position in which the one or more retainers temporarily support the mask within the one or more compartments when the door is the open position, and a disengaged position in which the one or more retainers do not support the mask within the one or more compartments, wherein a portion of the door moves the retainers from the retaining position to the disengaged position when the door is closed, wherein the one or more retainers comprise one or more arms pivotally coupled to one or more portions of the compartment(s); however, Jong discloses a similar emergency oxygen system which includes this feature (see Jong Fig. 1-4, retainer 18, see col. 2 ln. 54-65 which discloses the opening and drop down function of the masks when retainer 18 is in the disengaged position and no longer supporting the masks in the compartment, col. 3 ln. 1-29 disclosing the retaining position when door 34 is open and the retainer is holding the mask in the compartment until the door is closed and engages actuator pin to release retainer 18 to place it in the disengaged position; retainer 18 being/comprising one or more arms as 18 is an arm element pivotally coupled at hinge 20 to portion 12/14 of the compartment when compartment is defined by element 10 and 12/14, 18 being also pivotally coupled indirectly to walls of 10 via 12/14 which are connected thereto via rivet spacers 17). 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 Fischer system to include the retainer, as taught by Jong, in order to provide easier inspection and repacking of the emergency oxygen system (see Jong col. 1 ln. 5-41).
Regarding claim 18, the modified Fischer’s door is configured to rotate between the closed position and the open position (see Fischer Fig. 1-2 showing closed and open positions, respectively, wherein door 8 rotates about hinge 22 see col. 3 ln. 31-53).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer, Jong, and Hay as applied to claim 17 above, and further in view of Baker.
Regarding claim 20, the modified Fischer discloses a plurality of oxygen assemblies (see Fischer Fig. 2, plural oxygen assemblies defined by mask 26 and fluid conduit 24, see col. 3 ln. 54-61), but is silent as to the one or more compartments including a plurality of compartments; however, Baker discloses a similar emergency oxygen system which includes plural compartments for the oxygen assemblies (see Baker Fig. 1-2 and 5, para. 0038, plural compartments 6). 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 Fischer system’s one or more compartments to be plural compartments, as taught by Baker, in order to provide for separate sub-compartments for each oxygen assembly.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer, Jong, and Hay as applied to claim 17 above, and further in view of Han.
Regarding claim 24, the modified Fischer system’s one or more clips include a base secured to the interior surface and a flexible prong extending therefrom to secure the tubing (see Hay Fig. 1-2, clip 32 including a base which is attached to door 26 with flexible free end extending therefrom to secure to the exterior surface of the tubing as this clip was applied to/replaced strap 32 of Fischer Fig. 2-3), but is silent as to the one or more clips including a base and flexible prongs, plural, as claimed. However, Han teaches a similar respiratory tube/conduit clip element which includes a base and flexible prongs extending therefrom to removably secure around an exterior surface of tubing (see Han Fig. 2-5, base 24 and flexible prongs 32 which removably secure around exterior surface of tubing 18, see col. 5 ln. 28-61). 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 Fischer system’s clip to be the dual flexible prong type clip, as taught by Han, as this would have been obvious substitution of one known element for another and one would expect the modified Fischer to perform equally as well.
Response to Arguments
Applicant's arguments filed 4/14/26 have been fully considered but they are not persuasive.
Applicant’s argument that the Hay reference’s clip engages the face mask but does not engage a fluid conduit connected thereto (see pg. 7-8 of the response) is not well-taken. The clip 32 of Hay does at least indirectly couple to the tubing/conduit in Fig. 1-2 through direct connection to the mask. However, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The securement straps 32 of Fischer, which directly couple to conduits 24 (see Fig. 2-3), were modified in view of Hay to be replaced with the clips 32 of Hay and thus the modified Fischer system includes clips (32 of Hay) located on the inner door which couple to the tubing/conduit.
Applicant’s argument that the bar 18 is part of canister 14 within the compartment 10 but not pivotally coupled to a portion of the compartment itself (see pg. 8-9 of the response) is not well-taken. Jong can be interpreted such that the compartment of Jong includes element 10 and canister 14, in which case the bar 18 is directly pivotally coupled to the wall of the compartment (defined by canister 14). When Jong is interpreted such that element 10 only is the ‘compartment’ then bar 18 is still pivotally coupled to portions/walls thereof indirectly through hinge 20 at canister 14 and rivet spacers 17 (see Jong Fig. 2). Thus the retainer arm of Jong reads on the claims as currently worded.
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 COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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/COLIN W STUART/Primary Examiner, Art Unit 3785
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