DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
This office action is responsive to the amendment filed on January 9, 2024. As directed by the amendment: no claims have been amended, claims 1-18 have been canceled, and new claims 19-32 have been added. Thus, claims 19-32 are presently pending in the application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 19-21, 23, 25, 26, and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 9, and 16 of U.S. Patent No. 11,376,448, in view of Teetzel et al. (US 2007/0235030).
As to claim 19, claim 2 of the ‘448 patent discloses the structural requirements of the claim including: a compressed gas cylinder with a rated service time of about 30 minutes and a service pressure of about 5,400 psig to about 6,000 psig (at least about 5,000 psig and no greater than about 6,000 psig, see patented claim 1), a means to reduce the pressure of gas from the cylinder (at least one regulator valve, see patented claim 1), and a user mask portion (mask to provide gas from the cylinder to the user, see patented claim 1), wherein the cylinder pressure volume portion has a water volume of less than about 285 in3 (see patented claim 2), and wherein the cylinder has a weight less than about 6.6 pounds (about 6.6 pounds overlaps the range of less than about 6.6 pounds, see patented claim 1).
Although the patented claim 2 is an apparatus claim and thus does not expressly disclose a method for providing gas to the user, most of the steps of the method would be carried out during normal use of the patented claim 2 self-contained breathing apparatus including charging the compressed gas cylinder with a gas to the service pressure; reducing the pressure of the gas from a first pressure to a first reduced pressure (via at least one regulator valve); and transmitting said gas to a user mask portion (via the mask in fluid communication with the user). Thus, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to have used the apparatus in a method, in order to provide a practical application of the apparatus to a field of use for allowing a user to breathe.
The modified patented claim 2 does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to the user mask portion. However, Teetzel teaches a method for providing gas to a user via a self-contained breathing apparatus (see Fig. 1) comprising reducing a pressure of gas from a first pressure (tank pressure) to a first reduced pressure (via first stage regulator 244); and reducing the first reduced pressure to a second reduced pressure (via second stage regulator 248) before transmitting the gas at the second reduced pressure to a user mask portion 126 (see Figs. 8-9, paragraphs [0057]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the patented claim 2 to include reducing the first reduced pressure to the second reduced pressure (via second regulator), taught by Teetzel, in order to provide a level of pressure that is safe for breathing).
Claims 20 and 21 are disclosed by the modified claim 2 (see Teetzel’s first and second regulators 244, 248, Figs. 8-9, paragraphs [0057]).
Claims 23 and 25 are disclosed by the modified claim 2 (see claim 1 of the ‘448 patent).
As to claim 26, the patented claim 9 discloses the structural requirements of the claim including: a compressed gas cylinder with a rated service time of about 45 minutes and a service pressure of about 5,400 psig to about 6,000 psig (at least about 5,000 psig and no greater than about 6,000 psig, see patented claim 8), a means to reduce the pressure of gas from the cylinder (at least one regulator valve, see patented claim 8), and a user mask portion (mask to provide gas from the cylinder to the user, see patented claim 8), wherein the cylinder pressure volume portion has a water volume of less than about 418 in3 (see patented claim 9), and wherein the cylinder has a weight less than about 9.0 pounds (about 9.0 pounds overlaps the range of less than about 9.0 pounds, see patented claim 8).
Although the patented claim 9 is an apparatus claim and thus does not expressly disclose a method for providing gas to the user, most of the steps of the method would be carried out during normal use of the patented claim 9 self-contained breathing apparatus including: charging the compressed gas cylinder with a gas to the service pressure; reducing the pressure of the gas from a first pressure to a first reduced pressure (via at least one regulator valve); and transmitting said gas to a user mask portion (via the mask in fluid communication with the user). Thus, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to have used the apparatus in a method, in order to provide a practical application of the apparatus to a field of use for allowing a user to breathe.
The modified patented claim 9 does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to the user mask portion. However, Teetzel teaches a method for providing gas to a user via a self-contained breathing apparatus (see Fig. 1) comprising reducing a pressure of gas from a first pressure (tank pressure) to a first reduced pressure (via first stage regulator 244); and reducing the first reduced pressure to a second reduced pressure (via second stage regulator 248) before transmitting the gas at the second reduced pressure to a user mask portion 126 (see Figs. 8-9, paragraphs [0057]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the patented claim 9 to include reducing the first reduced pressure to the second reduced pressure (via second regulator), taught by Teetzel, in order to provide a level of pressure that is safe for breathing).
As to claim 29, the patented claim 16 discloses the structural requirements of the claim including: a compressed gas cylinder with a rated service time of about 60 minutes and a service pressure of about 5,400 psig to about 6,000 psig (at least about 5,000 psig and no greater than about 6,000 psig, see patented claim 15), a means to reduce the pressure of gas from the cylinder (at least one regulator valve, see patented claim 15), and a user mask portion (mask to provide gas from the cylinder to the user, see patented claim 15), wherein the cylinder pressure volume portion has a water volume of less than about 550 in3 (see patented claim 16), and wherein the cylinder has a weight less than about 11.6 pounds (about 11.6 pounds overlaps the range of less than about 11.6 pounds, see patented claim 15).
Although the patented claim 16 is an apparatus claim and thus does not expressly disclose a method for providing gas to the user, most of the steps of the method would be carried out during normal use of the patented claim 16 self-contained breathing apparatus including: charging the compressed gas cylinder with a gas to the service pressure; reducing the pressure of the gas from a first pressure to a first reduced pressure (via at least one regulator valve); and transmitting said gas to a user mask portion (via the mask in fluid communication with the user). Thus, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to have used the apparatus in a method, in order to provide a practical application of the apparatus to a field of use for allowing a user to breathe.
The modified patented claim 16 does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to the user mask portion. However, Teetzel teaches a method for providing gas to a user via a self-contained breathing apparatus (see Fig. 1) comprising reducing a pressure of gas from a first pressure (tank pressure) to a first reduced pressure (via first stage regulator 244); and reducing the first reduced pressure to a second reduced pressure (via second stage regulator 248) before transmitting the gas at the second reduced pressure to a user mask portion 126 (see Figs. 8-9, paragraphs [0057]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the patented claim 16 to include reducing the first reduced pressure to the second reduced pressure (via second regulator), taught by Teetzel, in order to provide a level of pressure that is safe for breathing).
Claims 19-21 and 23-31 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 22, 23, 25, 26, 27, 29-31, and 33 of copending Application 18/407,891, in view of Teetzel et al. (US 2007/0235030).
This is a provisional nonstatutory double patenting rejection.
As to claim 19, claim 22 of the ‘891 copending application discloses the structural requirements of the claim including: a compressed gas cylinder with a rated service time of about 30 minutes and a service pressure of about 5,400 psig to about 6,000 psig (at least about 5,000 psig and no greater than about 6,000 psig, see copending claim 22), a means to reduce the pressure of gas from the cylinder (at least one regulator valve, see copending claim 22), and a user mask portion (mask to provide gas from the cylinder to the user, see copending claim 22), wherein the cylinder pressure volume portion has a water volume of less than about 285 in3 (see copending claim 22), and wherein the cylinder has a weight less than about 6.6 pounds (see copending claim 22).
Although the copending claim 22 is an apparatus claim and thus does not expressly disclose a method for providing gas to the user, most of the steps of the method would be carried out during normal use of the copending claim 22 self-contained breathing apparatus including: charging the compressed gas cylinder with a gas to the service pressure; reducing the pressure of the gas from a first pressure to a first reduced pressure (via at least one regulator valve); and transmitting said gas to a user mask portion (via the mask in fluid communication with the user). Thus, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to have used the apparatus in a method, in order to provide a practical application of the apparatus to a field of use for allowing a user to breathe.
The modified copending claim 22 does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to the user mask portion. However, Teetzel teaches a method for providing gas to a user via a self-contained breathing apparatus (see Fig. 1) comprising reducing a pressure of gas from a first pressure (tank pressure) to a first reduced pressure (via first stage regulator 244); and reducing the first reduced pressure to a second reduced pressure (via second stage regulator 248) before transmitting the gas at the second reduced pressure to a user mask portion 126 (see Figs. 8-9, paragraphs [0057]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the copending claim 22 to include reducing the first reduced pressure to the second reduced pressure (via second regulator), taught by Teetzel, in order to provide a level of pressure that is safe for breathing).
Claims 20 and 21 are disclosed by the modified patented claim 22 (see Teetzel’s first and second regulators 244, 248, Figs. 8-9, paragraphs [0057]).
Claim 23 is disclosed in claim 23 of the copending ‘891 application).
Claim 24 is disclosed in claim 25 of the copending ‘891 application).
Claim 25 is disclosed in claim 22 of the copending ‘891 application).
As to claim 26, claim 26 of the copending ‘891 application discloses the structural requirements of the instant claim including: a compressed gas cylinder with a rated service time of about 45 minutes and a service pressure of about 5,400 psig to about 6,000 psig (at least about 5,000 psig and no greater than about 6,000 psig, see copending claim 26), a means to reduce the pressure of gas from the cylinder (at least one regulator valve, see copending claim 26), and a user mask portion (mask to provide gas from the cylinder to the user, see copending claim 26), wherein the cylinder pressure volume portion has a water volume of less than about 418 in3 (see copending claim 26), and wherein the cylinder has a weight less than about 9.0 pounds (see copending claim 26).
Although the copending claim 26 is an apparatus claim and thus does not expressly disclose a method for providing gas to the user, most of the steps of the method would be carried out during normal use of the copending claim 26 self-contained breathing apparatus including: charging the compressed gas cylinder with a gas to the service pressure; reducing the pressure of the gas from a first pressure to a first reduced pressure (via at least one regulator valve); and transmitting said gas to a user mask portion (via the mask in fluid communication with the user). Thus, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to have used the apparatus in a method, in order to provide a practical application of the apparatus to a field of use for allowing a user to breathe.
The modified copending claim 26 does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to the user mask portion. However, Teetzel teaches a method for providing gas to a user via a self-contained breathing apparatus (see Fig. 1) comprising reducing a pressure of gas from a first pressure (tank pressure) to a first reduced pressure (via first stage regulator 244); and reducing the first reduced pressure to a second reduced pressure (via second stage regulator 248) before transmitting the gas at the second reduced pressure to a user mask portion 126 (see Figs. 8-9, paragraphs [0057]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the copending claim 26 to include reducing the first reduced pressure to the second reduced pressure (via second regulator), taught by Teetzel, in order to provide a level of pressure that is safe for breathing).
Claim 27 is disclosed in claim 27 of the copending ‘891 application).
Claim 28 is disclosed in claim 29 of the copending ‘891 application).
As to claim 29, claim 30 of the copending application ‘891 discloses the structural requirements of the instant claim including: a compressed gas cylinder with a rated service time of about 60 minutes and a service pressure of about 5,400 psig to about 6,000 psig (at least about 5,000 psig and no greater than about 6,000 psig, see copending claim 30), a means to reduce the pressure of gas from the cylinder (at least one regulator valve, see copending claim 30), and a user mask portion (mask to provide gas from the cylinder to the user, see copending claim 30), wherein the cylinder pressure volume portion has a water volume of less than about 550 in3 (see copending claim 30), and wherein the cylinder has a weight less than about 11.6 pounds (see copending claim 30).
Although copending claim 30 is an apparatus claim and thus does not expressly disclose a method for providing gas to the user, most of the steps of the method would be carried out during normal use of the copending claim 30 self-contained breathing apparatus including: charging the compressed gas cylinder with a gas to the service pressure; reducing the pressure of the gas from a first pressure to a first reduced pressure (via at least one regulator valve); and transmitting said gas to a user mask portion (via the mask in fluid communication with the user). Thus, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to have used the apparatus in a method, in order to provide a practical application of the apparatus to a field of use for allowing a user to breathe.
The modified copending claim 30 does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to the user mask portion. However, Teetzel teaches a method for providing gas to a user via a self-contained breathing apparatus (see Fig. 1) comprising reducing a pressure of gas from a first pressure (tank pressure) to a first reduced pressure (via first stage regulator 244); and reducing the first reduced pressure to a second reduced pressure (via second stage regulator 248) before transmitting the gas at the second reduced pressure to a user mask portion 126 (see Figs. 8-9, paragraphs [0057]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the copending claim 30 to include reducing the first reduced pressure to the second reduced pressure (via second regulator), taught by Teetzel, in order to provide a level of pressure that is safe for breathing).
Claim 30 is disclosed in claim 31 of the copending ‘891 application).
Claim 31 is disclosed in claim 33 of the copending ‘891 application).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 26-28 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mayes et al. (US 5,613,490), in view of Chornyj (US 2002/0153009).
As to claim 26, Mayes discloses a method for providing gas to a user, comprising:
charging a compressed gas cylinder 10 (Fig. 3) with a rated service time of about 45 minutes (Mayes’ exemplary tank holds 64 ft3 of air which is equivalent to about 1800 L and a 45 minute service time by industry standards) and having a pressure volume portion with a gas to a service pressure (col. 5, ln. 15-21);
reducing the pressure of the gas from a first pressure to a first reduced pressure (via regulator/valve 23, 40, or 41, see Fig. 3, Fig. 4, Fig. 7, col. 4, In. 12-24); and
transmitting said gas to a user (col. 5, ln. 22-25);
wherein the cylinder pressure volume portion has a water volume of less than about 418 in3 (Mayes discloses the cylinder length A is 9.663 in and the diameter is 2.375-2.38 in, which would equate to a volume of about 44 in3, see col. 3, ln. 34-38);
and wherein the cylinder 12 has a weight of less than about 9 pounds (see Mayes, col. 4, ln. 1-4, where the 64 ft3 tank 12 weighs about 4.5 lbs, which is less than 9 pounds).
Mayes does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to a user mask portion. However, Chornyj teaches a method for providing breathing gas to a user comprising reducing a first pressure from a vessel 10 to a first reduced pressure (via first stage regulator 44, Fig. 1, paragraph [0070]); reducing the first reduced pressure to a second reduced pressure (via second- stage regulator 48, Fig. 2, paragraph [0071]); and transmitting the second reduced pressure to a user mask portion (face mask or mouthpiece 49, Fig. 2, paragraph [0071]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Mayes to include a first and second stage regulator in place of a single regulator, as taught by Chornyj, in order to provide a means for controlling the pressure exiting compressed gas canister as well as the pressure delivered to the user to provide a level of pressure that is safe for breathing.
As to the limitation that the service pressure is about 5,400 psig to about 6,000 psig, Mayes does disclose a service pressure of 5,000 psig which is very near the claimed range (see col. 1, ln. 55-60). Additionally, Mayes teaches that increasing the thickness of the wall of the cylinder would increase the pressure which it can withstand. Furthermore, Chornyj teaches a compressed gas cylinder for a breathing apparatus that is chargeable to working pressure within a range of 4500-7500 psi, which encompasses the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the cylinder of Mayes so that the service pressure is increased (by increasing the thickness) to a range of about 5400 psig to about 6000 psig, as taught by Chornyj, in order to increase the strength of the cylinder.
As to claim 27, modified Mayes discloses the method of claim 26, wherein the length of the pressure volume portion is no greater than about 19.5 inches, and wherein the diameter of the pressure volume portion is no greater than about 5.4 inches (Mayes’ cylinder has a length of 9.663 in and diameter of 2.375-2.80 in., see col. 3, ln. 5-8)
As to claim 28, modified Mayes discloses the method of claim 26, wherein the length and diameter of the pressure volume portion are selected to provide a weight reduction greater than about 5% as compared to a compressed gas cylinder for a self-contained breathing apparatus having a service pressure of about 4500 psig. (Mayes’ cylinder weighs about 4.5 lbs, see col. 4, ln. 1-4, which is about a 32% weight reduction from the 6.6 lb traditional cylinder disclosed by Applicant in Fig. 3).
Claims 19-25 and 29-32 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mayes et al. (US 5,613,490), in view of Turiello (US 2009/0178675), and further in view of Chornyj (US 2002/0153009).
As to claim 19, Mayes discloses a method for providing gas to a user, comprising:
charging a compressed gas cylinder 10 (Fig. 3) with a rated service time having a pressure volume portion with a gas to a service pressure (col. 5, ln. 15-21);
reducing the pressure of the gas from a first pressure to a first reduced pressure (via regulator/valve 23, 40, or 41, see Fig. 3, Fig. 4, Fig. 7, col. 4, In. 12-24); and
transmitting said gas to a user (col. 5, ln. 22-25);
wherein the cylinder pressure volume portion has a water volume of less than about 285 in3 (Mayes discloses the cylinder length A is 9.663 in and the diameter B is 2.375-2.38 in, which would equate to a volume of about 44 in3, see col. 3, ln. 34-38), and wherein the cylinder has a weight of less than about 6.6 pounds (see Mayes, col. 4, ln. 1-4 where the 64 ft3 tank 12 weighs about 4.5 lbs, which is less than 6.6 pounds).
Mayes does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to a user mask portion. However, Chornyj teaches a method for providing breathing gas to a user comprising reducing a first pressure from a vessel 10 to a first reduced pressure (via first stage regulator 44, Fig. 1, paragraph [0070]); reducing the first reduced pressure to a second reduced pressure (via second- stage regulator 48, Fig. 2, paragraph [0071]); and transmitting the second reduced pressure to a user mask portion (face mask or mouthpiece 49, Fig. 2, paragraph [0071]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Mayes to include a first and second stage regulator in place of a single regulator, as taught by Chornyj, in order to provide a means for controlling the pressure exiting compressed gas canister as well as the pressure delivered to the user to provide a level of pressure that is safe for breathing.
Mayes further does not disclose that the cylinder has a rated service time of about 30 minutes (Mayes’ exemplary tank holds 64 ft3 of air which is equivalent to about 1800 L and a 45 minute service time by industry standards),
However, Turiello teaches a pressurized air cylinder used in the field of self-contained breathing apparatuses (SCBA) having a service pressure of about 30 minutes (the air cylinder may come in one of three standard sizes: 30, 45 or 60 minutes of breathing time, paragraph [0093]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the cylinder of Mayes so that the size of the tank/cylinder is scaled to a 30 minute service pressure, as taught by Turiello, in order to offer an even lighter weight option for uses that do not require as much time.
It is noted that since Mayes’ 45 minute cylinder already has a volume and weight less than the claimed maximum, the modified cylinder/tank of Mayes, having a smaller size (holds 30 minutes of air as opposed to 45 minutes of air), the volume and weight of the 30-minute cylinder/tank will be even less when filled to the same pressure. Therefore, modified Mayes still fulfills the size and weight requirements of the claim.
As to the limitation that the service pressure is about 5,400 psig to about 6,000 psig, Mayes does disclose a service pressure of 5,000 psig which is very near the claimed range (see col. 1, ln. 55-60). Additionally, Mayes teaches that increasing the thickness of the wall of the cylinder would increase the pressure which it can withstand. Furthermore, Chornyj teaches a compressed gas cylinder for a breathing apparatus that is chargeable to working pressure within a range of 4500-7500 psi, which encompasses the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the cylinder of Mayes so that the service pressure is increased (by increasing the thickness) to a range of about 5400 psig to about 6000 psig, as taught by Chornyj, in order to increase the strength of the cylinder.
As to claim 20, modified Mayes discloses the method of claim 19, wherein the step of reducing the pressure of the gas from the first pressure to the first reduced pressure comprises: transmitting the gas from the compressed gas cylinder to a first regulator valve 44 coupled to a gas transmission port of the pressure volume portion (see Fig. 1 of Chornyj); and reducing, at the first regulator valve 44, the first pressure of gas received from the pressure volume portion to the first reduced pressure that is lower than the first pressure (see Chornyj, Fig. 1, and paragraph [0021] describing that the pressure from the cylinder is first reduced to 30-60 psi).
As to claim 21, modified Mayes discloses the method of claim 19, wherein the step of reducing the pressure of the gas from the first reduced pressure to the second reduced pressure comprises: transmitting said gas at the first reduced pressure to a second regulator valve 48 (Fig. 1 of Chornyj) in fluid communication with the first regulator valve 44; and reducing, at the second regulator valve 48, the pressure of gas received from the first regulator valve 44 to the second reduced pressure that is lower than the first reduced pressure (see Chornyj, Fig. 1, and paragraph [0022] describing that the pressure further reduced to atmospheric pressure by the second stage regulator).
As to claim 22, modified Mayes discloses the method of claim 19, wherein the pressure volume portion provides a rotational inertia effect to the user that is substantially less than a rotational inertia effect of a compressed gas cylinder for a self-contained breathing apparatus having a service pressure of about 4500 psig (see Mayes, col. 3, In. 34-38; the smaller diameter of the cylinder will inherently reduce rotational inertia compared to a larger diameter cylinder (the conventional 1800L, 4500 psig cylinder in Applicant’s specification, Fig. 3, having a radius of 4 in) since it has a reduced profile on the back of the user that will result in the center of gravity being closer to the user’s center of gravity, as well as a reduced weight (4.5 lbs, see Mayes, col. 4, In. 2-4 and Fig. 7).
As to claim 23, modified Mayes discloses the method of claim 19, wherein, the length of the pressure volume portion is no greater than about 17.3 inches, and wherein the diameter of the pressure volume portion is no greater than about 4.7 inches (since Mayes’ 45 minute cylinder already has a length (9.663 in) and weight (4.5 lbs) less than the claimed maximum values, the modified cylinder of Mayes, having a smaller size (holds at 30 minutes of air as opposed to 45 minutes of air), will have an even smaller length and diameter, see col. 4, ln. 1-4).
As to claim 24, modified Mayes discloses the method of claim 19, wherein the length and diameter of the pressure volume portion are selected to provide a weight reduction greater than about 5% as compared to a compressed gas cylinder for a self-contained breathing apparatus having a service pressure of about 4500 psig (Mayes’ cylinder weighs about 4.5 lbs, see col. 4, ln. 1-4, which is about a 32% weight reduction from the 6.6 lb traditional cylinder disclosed by Applicant in Fig. 3; thus, the modified Myaes’ cylinder, with an even smaller size, will have an even greater weight reduction than 32%).
As to claim 25, the modified method of Mayes discloses a step of mounting the compressed gas cylinder 10 to a frame 41, 46 (see Mayes, Fig. 4, Fig. 7, regulator housing 41 and bracket 46 provide the support for the tank(s), col. 4, ln. 13-27), wherein the frame 41, 46 comprises a user support portion (straps 48) to enable the user to carry the compressed gas cylinder 10 (Fig. 4, col. 5, ln. 11-14).
As to claim 29, Mayes discloses a method for providing gas to a user, comprising:
charging a compressed gas cylinder 10 (Fig. 3) with a rated service time having a pressure volume portion with a gas to a service pressure (col. 5, ln. 15-21);
reducing the pressure of the gas from a first pressure to a first reduced pressure (via regulator/valve 23, 40, or 41, see Fig. 3, Fig. 4, Fig. 7, col. 4, In. 12-24); and
transmitting said gas to a user (col. 5, ln. 22-25);
wherein the cylinder pressure volume portion has a water volume of less than about 550 in3 (Mayes discloses the cylinder length L is 9-10 in and the diameter is 2.38 in, which would equate to a volume of about 44 in3) and wherein the cylinder has a weight of less than about 11.6 pounds (see Mayes, col. 4, ln. 1-4 where the 64 ft3 tank 12 weighs about 4.5 lbs, which is less than 6.6 pounds).
Mayes does not expressly disclose the step of reducing the pressure of the gas from the first reduced pressure to a second reduced pressure before transmitting the gas to a user mask portion. However, Chornyj teaches a method for providing breathing gas to a user comprising reducing a first pressure from a vessel 10 to a first reduced pressure (via first stage regulator 44, Fig. 1, paragraph [0070]); reducing the first reduced pressure to a second reduced pressure (via second- stage regulator 48, Fig. 2, paragraph [0071]); and transmitting the second reduced pressure to a user mask portion (face mask or mouthpiece 49, Fig. 2, paragraph [0071]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Mayes to include a first and second stage regulator in place of a single regulator, as taught by Chornyj, in order to provide a means for controlling the pressure exiting compressed gas canister as well as the pressure delivered to the user to provide a level of pressure that is safe for breathing.
Mayes lacks detailed description as to the limitation that the cylinder has a rated service time of about 60 minutes (Mayes’ exemplary tank holds 64 ft3 of air which is equivalent to about 1800 L and a 45 minute service time by industry standards), but does disclose that the tank may assume various dimension including a larger size tank having a length A of 20.0 inches (col. 4, ln. 48-52). Furthermore, Turiello teaches a pressurized air cylinder used in the field of self-contained breathing apparatuses (SCBA) having a service pressure of about 60 minutes (the air cylinder may come in one of three standard sizes: 30, 45 or 60 minutes of breathing time, paragraph [0093]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the cylinder of Mayes so that the size of the tank/cylinder is scaled to a 45 minute service pressure, as taught by Turiello, in order to offer a larger capacity option for users requiring more time.
It is noted that Mayes’ 45 minute cylinder has a volume that is about 8% of the claimed maximum volume (44 in3/550 in3) and a weight that is about 39% of the claimed maximum weight for a 60 minute cylinder. Because the weight and volume of Mayes’ 45 minute cylinder is so much less than the claimed 60-minute cylinder, when scaling up to the larger capacity using the same materials, relative dimensions, and wall thickness disclosed by Mayes, the modified cylinder/tank would still be much less than the claimed 11.6 lbs., since reaching this maximum would require an unrealistic 250% weight increase. Therefore, modified Mayes still fulfills the size and weight requirements of the claim, as recognized by one of ordinary skill in the art.
As to the limitation that the service pressure is about 5,400 psig to about 6,000 psig, Mayes does disclose a service pressure of 5,000 psig which is very near the claimed range (see col. 1, ln. 55-60). Additionally, Mayes teaches that increasing the thickness of the wall of the cylinder would increase the pressure which it can withstand. Furthermore, Chornyj teaches a compressed gas cylinder for a breathing apparatus that is chargeable to working pressure within a range of 4500-7500 psi, which encompasses the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the cylinder of Mayes so that the service pressure is increased (by increasing the thickness) to a range of about 5400 psig to about 6000 psig, as taught by Chornyj, in order to increase the strength of the cylinder.
As to claim 30, modified Mayes discloses the method of claim 30, wherein the length of the pressure volume portion is no greater than about 20.3 inches, and wherein the diameter of the pressure volume portion is no greater than about 6.1 inches (the dimensions claimed are more than twice the value of Mayes’ 45 minute tank; thus, as one of ordinary skill in the art would readily recognize, the scaled up 60 minute tank of modified Mayes would still fulfill the limitation as it would not take a cylinder more than double the length and diameter to produce a 60-minute capacity vs a 45-minute capacity tank).
As to claim 31, modified Mayes discloses the method of claim 31, wherein the length and diameter of the pressure volume portion are selected to provide a weight reduction greater than about 5% as compared to a compressed gas cylinder for a self-contained breathing apparatus having a service pressure of about 4500 psig. (Applicant discloses the weight of a traditional 60 minute cylinder as being about 11.6 lbs (see Applicant’s Fig. 3); this would mean the maximum weight of the claimed cylinder, with a 5% weight reduction, would be about 11 lbs, which is more than double the weight of Mayes’ 45-minute cylinder (4.5 lbs); thus, as one of ordinary skill in the art would readily recognize, the scaled up 60-minute cylinder of modified Mayes would still fall within the claimed cope as it would not take double the weight to produce a 60-minute capacity tank vs a 45-minute capacity tank, see col. 4, ln. 1-4).
As to claim 32, modified Mayes discloses the method of claim 19, wherein the pressure volume portion is constructed using at least one of aluminum, steel, carbon fiber, and fiberglass wrapped aluminum or steel (extruded steel alloy, see Mayes, col. 2, ln. 40-55).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shonerd (US 3,762,604) and Kranz (US 4,221,216) each disclose providing breathing gas to a user from a small, lightweight cylinder of gas at a pressure of 5000 psi or greater.
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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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