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 .
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive. Specifically, applicant’s arguments are not persuasive in view of a new interpretation of Johnson et al. (US 5373595) as specified below. Note, applicant’s amendments have necessitated the new grounds of rejection set forth below.
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 16 and 18-20 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 16 recites “…upstream of the first ports and the second ports…” - it is unclear which ports are being referenced, i.e. which are the first port(s) and which are the second port(s) - there is previously recited a “first first port” and a “first second port” and a “second first port”, etc. Similarly, claim 16 recites “wherein each first port is…” and “wherein each second port is…” - it is unclear which ports are being reference, i.e. which are the first port(s) and which are the second port(s)? Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-5, 8-9, 13-16, and 18-23 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson et al. (US 5373595). Johnson et al. teach a multiport airflow control manifold assembly comprising: a valve assembly (30) including a manifold assembly defining a first air channel (one of 36a-g), a second air channel (one of 36a-g), and a third air channel (one of 36a-g); a first first port (one of 45a-g) connected to the first air channel; a first second port (one of 43 associated with the first first port) fluidly connected to the first air channel; a second first port (one of 45a-g) fluidly connected to the second air channel; a second second port (one of 43 associated with the second first port) fluidly connected to the second air channel; a third first port (one of 45a-g) fluidly connected to third air channel; a third second port (one of 43 associated with the third first port) fluidly connected to the third air channel; and an airflow control assembly fluidly connected to the manifold assembly, the airflow control assembly including a seal member (32) configured to move between a first seal configuration and a second seal configuration, wherein the first second port, the second second port, and the third second port are each configured to received a flow of air from an air source assembly, wherein the first first port is configured to be connected to a first inflation zone of a cellular cushion, the second first port is configured to be connected to a second inflation zone of the cellular cushion, and the third first port is configured to be connected to a third inflation zone of the cellular cushion (col. 10, lines 38-44), wherein in response to the first second port receiving the flow of air from the air source assembly, the flow of air is configured to travel to the first inflation zone through the first first port, wherein in response to the second second port receiving the flow of air from the air source assembly, the flow of air is configured to travel to the second inflation zone through the second first port, wherein in response to the third second port receiving the flow of air from the air source assembly, the flow of air is configured to travel to the third inflation zone through the third first port, wherein in the first seal configuration, the seal member is configured to fluidly isolate the first air channel, the second air channel, and the third air channel (e.g. when 32 is rotated to a position where ports 45a-g are between adjacent ports 43; and/or col. 14, lines 45-50), and wherein in the second seal configuration, the seal member is configured to fluidly connect the first air channel, the second air channel, and the third air channel (figures 6-9).
With regards to claim 2, wherein the first second port is fluidly connected to the first air channel downstream of the seal member and upstream of the first first port (figures 6-9 – air flows through seal member 32 and then out of ports 43).
In regards to claim 3, the second second port is fluidly connected to the second air channel downstream of the seal member and upstream of the second first port (figures 6-9 – air flows through seal member 32 and then out of ports 43).
With regards to claim 4, the third second port is fluidly connected to the third air channel downstream of the seal member and upstream of the third first port (figures 6-9 -– air flows through seal member 32 and then out of ports 43).
In regards to claim 5, the seal member is configured to move to a third seal configuration, wherein in the third seal configuration, the seal member is configured to isolate the first air channel, and fluidly connect the second air channel and the third air channel (figures 3, 6-9).
With regards to claim 8, the air source assembly includes a pump, the pump is configured to provide the flow of air (col. 10, lines 38-44).
In regards to claim 9, the air source assembly is fluidly connected to the first second port, the second second port, and the third second port by an air supply assembly (figure 1).
With regards to claim 13, the airflow control assembly includes a valve body (31), the seal member is received by the valve body.
In regards to claim 14, the seal member is configured to rotate relative to the valve body between seal configurations.
With regards to claim 15, the valve body defines a plurality of apertures (e.g. at 38a-g), each aperture fluidly connects the first air channel, the second air channel, and the third air channel to the seal member (figures 3, 6-9).
Regarding claim 16, Johnson et al. teach a multiport airflow control manifold assembly configured to connect an air supply assembly to a cellular cushion, the manifold assembly comprising: a manifold assembly defining a first air channel (one of 36a-g), a second air channel (one of 36a-g), and a third air channel (one of 36a-g); a first first port (one of 45a-g) and a first second port (one of 43 associated with the first first port) connected to the first air channel; a second first port (one of 45a-g) and a second second port (one of 43 associated with the second first port) connected to the second air channel; a third first port (one of 45a-g) and a third second port (one of 43 associated with the third first port) connected to the third air channel; an airflow control assembly fluidly connected to the manifold assembly, the airflow control assembly being positioned upstream of the first ports and the second ports, the airflow control assembly including a valve body (30) fluidly connected to the first air channel, the second air channel, and the third air channel, and a seal member (32) configured to move relative to the valve body between a first position and a second position, wherein each first port is configured to be connected to a respective inflation zone of the cellular cushion, wherein each second port is configured to be connected to an air source assembly, wherein in the first position, the seal member is configured to fluidly isolate the first air channel, the second air channel, and the third air channel (e.g. when 32 is rotated to a position where ports 45a-g are between adjacent ports 43; and/or col. 14, lines 45-50), and wherein in the second position, the seal member is configured to fluidly isolate the first air channel, and fluidly connect the second air channel and the third air channel (figures 3, 6-9).
In regards to claim 18, the first second port, the second second port, and the third second port are each configured to be fluidly connected to the air supply assembly.
With regards to claim 19, the first first port is configured to be fluidly connected to a first inflation zone of the cellular cushion, the second first port is configured to be fluidly connected to a second inflation zone of the cellular cushion, and the third first port is configured to be fluidly connected to a third inflation zone of the cellular cushion.
Regarding claim 20, the seal member is configured to move to a third position, wherein in the third position the seal member fluidly connects the first air channel, the second air channel, and the third air channel (figures 6-9).
Regarding claim 21, Johnson et al. disclose a multiport airflow control manifold assembly configured to connect an air supply assembly to a cellular cushion, the manifold assembly comprising: a manifold assembly defining a plurality of air channels (36a-g), each air channel includes a first port (45a-g) and a second port (38a-g); an airflow control assembly fluidly connected to the manifold assembly, the airflow control assembly being positioned upstream of the plurality of air channels, the airflow control assembly including a valve body (30) fluidly connected to the plurality of channels, and a seal member (32) configured to moved relative to the valve body between a first position and a second position, wherein each first port is configured to be connected to a respective inflation zone of the cellular cushion, wherein each second port is configured to be connected to an air pump assembly, wherein air is configured to be supplied from the air pump assembly to the manifold assembly through each second port, wherein air is configured to flow between each inflation zone of the cellular cushion and the manifold assembly through each first port, wherein in the first position, the seal member is configured to isolate each of the plurality of air channels (e.g. when 32 is rotated to a position where ports 45a-d are between adjacent ports 43; and/or col. 14, lines 45-50), and wherein in the second position, the seal member is configured to fluidly isolate at least one air channel from the plurality of air channels (figures 3, 6-9).
Regarding claim 22, air is configured to be removed from the manifold assembly to the air pump assembly through each second port.
With regards to claim 23, a plurality of air supply lines (60a-f) extend from the air pump assembly to a manifold connector member (65), the manifold connector member is configured to engage with each second port of the plurality of air channels (figure 2).
Allowable Subject MatterClaims 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 JONATHAN LIU whose telephone number is (571)272-8227. The examiner can normally be reached Monday-Thurs, 6-6.
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/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631