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 4/17/23. 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(s) 1-4 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Fischer (7,621,275).
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).
Regarding claim 2, the Fischer system’s door is configured to rotate between the closed position and the open position (see 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 Fischer system’s mask is supported on an interior surface of the door when the door is 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).
Regarding claim 4, the Fischer system is such that at least a portion of the fluid conduit is secured to an 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).
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).
Regarding claim 12, the Fischer method’s moving includes rotating the door between the closed position and the open position (see 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 Fischer method further includes supporting the mask 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).
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) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Hay et al. (3,073,301).
Regarding claim 5, the 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 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 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 14, the 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 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 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) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Jong et al. (4,023,874).
Regarding claim 6, 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; 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). 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 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 8, the modified Fischer system’s the one or more retainers comprise one or more arms pivotally coupled to one or more portions of the one or more compartments (see Jong Fig. 1-2, retainer 18 being a pivoting arm about hinge 20, see col. 2 ln. 54-65 and col. 3 ln. 1-29).
Regarding claim 15, 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; 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). 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 16, the 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).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer and Jong as applied to claim 6 above, and further in view of Hay.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Baker et al. (2021/0237885).
Regarding claim 10, the Fischer system discloses a plurality of oxygen assemblies (see 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 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) 17-19 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; 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). 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 Fig. 1-2 showing closed and open positions, respectively, wherein door 8 rotates about hinge 22 see col. 3 ln. 31-53).
Regarding claim 19, the modified Fischer’s one or more retainers comprise one or more arms pivotally coupled to one or more portions of the one or more compartments (see Jong Fig. 1-2, retainer 18 being a pivoting arm about hinge 20, see col. 2 ln. 54-65 and col. 3 ln. 1-29).
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, 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Martinez (2002/0020652), Lang et al. (2012/0325217), Hotz et al. (3,503,394), Gosse et al. (4,718,572), and Courter (4,154,237) disclose emergency oxygen systems for aircraft 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