DETAILED ACTION
Claim Rejections - 35 USC § 112
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 8 – 13 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.
Claim 8 recites the limitation “... and a bottom surface connecting sides of the flexible material of the bottom most one of the N bladders” in the second paragraph of the body of the claim. The limitation is indefinite for several reasons. First, it is unclear a to whether Applicant intends the ‘sides of the flexible material’ to refer to the ‘sides’ of the ‘flexible material’ previously set forth in the claim, or whether Applicant intends ‘sides of the flexible material’ to set forth a second set of ‘sides’ which are separate and independent from the ‘sides’ previously set forth. Secondly, it is unclear as to whether Applicant intends “the bottom most one of the N bladders” to refer to the “bottommost one of the N bladders” previously set forth in the claim, or whether Applicant intends to set forth a “bottom most” which is separate and independent from the “bottommost.” For the purposes of this Office Action, Examiner will interpret the limitation as “... and a bottom surface connecting to the sides of the flexible material of the bottommost one of the N bladders.”
Claim 8 further recites the limitation “the upper planar surface” in the third paragraph of the body of the claim. It is unclear as to whether Applicant intends the limitation to refer to the ‘upper planar surface of the topmost one of the N bladders’ or the ‘upper planar surface of the bottommost one of the N bladders.’ For the purposes of this Office Action, Examiner will interpret the limitation so as to refer to the ‘upper planar surface of the topmost one of the N bladders.’
Claim 8 further recites the limitation “the upper planar surface” in the last paragraph of the claim. It is unclear as to whether Applicant intends the limitation to refer to the ‘upper planar surface of the topmost one of the N bladders,’ the ‘upper planar surface of the bottommost one of the N bladders,’ or the ‘upper planar surface of the one or more middle ones of the N bladders.’ For the purposes of this Office Action, Examiner will interpret the limitation so as to refer to the ‘upper planar surface of the one or more middle ones of the N bladders.’
Claim 8 further recites the limitation “the middle ones of the N bladders” in the last paragraph of the claim. It is unclear as to whether Applicant intends the limitation to refer to the “one or more middle ones of the N bladders,” previously set forth in the claim, or whether Applicant intends the limitation to a plurality of the ‘middle N bladders,’ such that the “one or more middle ones of the N bladders” comprise more than one N bladder. For the purposes of this Office Action, Examiner will interpret the limitation as “the one or more middle ones of the N bladders.”
Claim 8 further recites the limitation “the lower planar surface” in the last paragraph of the claim. It is unclear as to whether Applicant intends the limitation to refer to the ‘lower planar surface of the topmost one of the N bladders’ or the ‘lower planar surface of the one or more middle ones of the N bladders.’ For the purposes of this Office Action, Examiner will interpret the limitation so as to refer to the ‘lower planar surface of the one or more middle ones of the N bladders.’
Claim 13 recites the limitation “a bottommost one of the N bladders.” It is unclear as to whether Applicant intends the limitation to refer to the ‘bottommost one of the N bladders’ previously set forth in claim 8, or whether Applicant intends to set forth a second ‘bottommost one of the N bladders’ which is separate and independent from the ‘bottommost one of the N bladders’ previously set forth. For the purposes of this Office Action, Examiner will interpret the limitation so as to refer to the ‘bottommost one of the N bladders’ previously set forth.
Claim 13 further recites the limitation “a topmost one of the N bladders.” It is unclear as to whether Applicant intends the limitation to refer to the ‘topmost one of the N bladders’ previously set forth in claim 8, or whether Applicant intends to set forth a second ‘topmost one of the N bladders’ which is separate and independent from the ‘topmost one of the N bladders’ previously set forth. For the purposes of this Office Action, Examiner will interpret the limitation so as to refer to the ‘topmost one of the N bladders’ previously set forth.
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) 8 and 10 - 13 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz (U.S. Patent Application Publication Number 2009/0140222) in view of Haugs (U.S. Patent Number 5,529,293).
As to claim 1, Schwarz teaches an inflatable lift system for a vehicle (abstract) comprising: N bladders arranged vertically in a stack, where N is an integer of 6 (figure 2, elements 32 being the ‘bladders’; paragraph 33); a bottommost one of the N bladders includes an upper planar surface and a flexible material including sides connected to the upper planar surface and a bottom surface connecting to the sides of the flexible material of the bottommost one of the N bladders (figure 2, bottommost element 32 being the ‘bottommost bladder,’ upper surface of bottommost element 32 being the ‘upper planar surface,’ bottom surface of bottommost element 32 being the ‘bottom surface,’ and sides of bottommost element 32 being the ‘sides’; paragraphs 35 – 37); a topmost one of the N bladders includes an upper planar surface, a lower planar surface, and bellows connecting sides of the upper planar surface of the topmost one of the N bladders to the lower planar surface (figure 2, topmost element 32 being the ‘topmost bladder,’ upper surface of topmost element 32 being the ‘upper planar surface,’ sides of topmost element 32 being the ‘bellows’; paragraphs 35 – 37). Examiner notes that the sides of topmost element 32 may reasonably be considered “bellows” because Schwarz teaches that the sides of topmost element 32 are configured to inflate/deflate up and down in a manner of a bellow (paragraphs 35 – 37). Schwarz further teaches the topmost one of the N bladders includes non-fixed tendons connecting the upper planar surface of the topmost one of the N bladders to the lower planar surface (figure 2, elements 36 being the ‘non-fixed tendons’; paragraphs 36 – 37). Examiner notes that the ‘tendons’ of Schwarz may reasonably be considered to be ‘non-fixed’ because they are not fixed to the sides of the topmost one of the N bladders. Schwarz further teaches a plurality of middle ones of the N bladders each including an upper planar surface, a lower planar surface, another flexible material connecting sides of the upper planar surface of the plurality of middle ones of the N bladders to the lower planar surface of the plurality of middle ones of the N bladders (figure 2, middle elements 32 being the ‘plurality of middle ones of the N bladders,’ upper surface of middle elements 32 being the ‘upper planar surface,’ bottom surface of middle elements 32 being the ‘lower planar surface,’ and sides of middle elements 32 being the ‘sides’; paragraphs 35 – 37), and fixed tendons connecting the upper planar surface of the plurality of middle ones of the N bladders to the lower planar surface of the plurality of middle ones of the N bladders (figure 2, elements 35 being the ‘fixed tendons’; paragraphs 36 – 37). Examiner notes that the ‘tendons’ of Schwarz may reasonably be considered to be ‘fixed’ because Schwarz teaches that the tendons are fixed to each of the upper and lower planar surfaces of the plurality of middle ones of the N bladders (figure 2, elements 35; paragraphs 36 – 37).
While Schwarz teaches that the connecting sides of the N bladders comprise bellows (figure 2, sides of elements 32 being the ‘bellows’; paragraphs 35 – 37), Schwarz does not teach the bellows being pleated. Haugs teaches an inflatable lift system (abstract), comprising N bladders arranged vertically in a stack, where N is an integer of 10 (figures 2 – 4, see below; column 4, lines 12 – 36), wherein each of the N bladders includes an upper planar surface, a lower planar surface, and bellows connecting sides of the upper planar surface to the lower planar surface (figures 2 – 4, upper surface of each bladder being the ‘upper planar surface,’ lower surface of each bladder being the ‘lower planar surface,’ and side surfaces of each bellow being the ‘bellows,’ see below; column 4, lines 12 – 36).
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Haugs further teaches that the bellows of the bladders are pleated (figures 2 – 4, see below; column 4, lines 25 – 27).
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It would have been obvious to one skilled in the art to substitute the bladders of Schwartz, which are rounded, for the bladders of Haugs, which are pleated, because one skilled in the art would appreciate that either pleated or rounded bladders would provide the same benefit providing a lifting force when inflated, as taught by Schwarz (paragraphs 7 – 8).
As to claim 10, Schwarz further teaches N pressure sensors configured to sense pressure in the N bladders, respectively (figure 7, elements 47 being the ‘pressure sensors’; paragraphs 43 and 58).
As to claim 11, Schwarz further teaches a compressor configured to supply pressurized gas (figure 7, element 44 being the ‘compressor’; paragraph 41); and N valves configured to selectively connect and disconnect the N bladders to the compressor (figure 7, elements 42 being the ‘N valves’; paragraphs 39 – 42).
As to claim 12, Schwarz further teaches a controller configured to control the N valves to inflate the N bladders sequentially in a first predetermined order and to deflate the N bladders sequentially in reverse (figure 7, element 46 being the ‘controller’; paragraphs 50 – 53 and 58 – 59).
As to claim 13, Schwarz further teaches that the first predetermined order comprises the bottommost one of the N bladders to the topmost one of the N bladders (figure 7, element 46; paragraphs 58 – 60 and 66).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schwarz in view of Haugs as applied to claim 8 above, and further in view of Bacon (U.S. Patent Number 7,070,167).
Response to Arguments
Applicant's arguments filed August 4, 2025 have been fully considered but they are not persuasive.
Applicant argues, on pages 6 – 7, that the prior art does not teach the use of pleated bellows. Examiner disagrees. Haugs teaches the use of bellows that are pleated (figures 2 – 4, see below; column 4, lines 25 – 27).
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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 CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
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