DETAILED ACTION
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 .
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 11 -12, 14, 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma (US 5318018) in view of Mah (US 6695762) further in view of Ruseckas (US 2762047).
Regarding claim 1, Puma teaches a garment configured to protect a user suffering from orthostatic intolerance, the garment comprising:
a bladder layer configured to retain a first pressurized fluid and apply pressure to the user (fig. 14, col. 5 line 18-24 “several bladder areas and other pressurized areas within the suite assembly which are labelled as follows: helmet (HE); mask (MA); chest bladder (CH); arm bladders (AR); glove bladders (GL); abdomen bladder (AB); leg bladders (LE); and ankle and boot bladders (BT)”; col. 5 line 62-65 “It provides a structure against which the underlayers, when inflated, will be restrained and constrained from moving, allowing them to give counterpressure to the wearer’s body”)
a first fluid tube formed as part of the bladder layer and configured to deliver the first pressurized fluid to an interior of the bladder layer; (column 7, line 65 “Referring to FIG. 5, the gasses to the various functioning portions of the system is conveyed by tubes, hoses or lines 60.”)
a cover layer formed from a lightweight, low-elongation fabric, the cover layer surrounding an exterior of the bladder layer, the cover layer sealed around the first fluid tube and allowing the first fluid tube to pass therethrough; (column 7, line 33-45 “Because this is the outside of the garment…A blend of 95 percent NOMEX/5 percent KEVLAR was subsequently evaluated, and the small addition of KEVLAR provided an acceptable amount of reduced elongation and penetration resistance.” The examiner notes nomex and kevlar are low elongation fabrics.)
However, Puma does not teach that the bladder layer is a semi-permeable layer that is impermeable to both oxygen and nitrogen and permeable to water vapor.
Mah teaches a pressure applying garment with a semi-permeable bladder layer that is impermeable to both oxygen and nitrogen and permeable to water vapor. (paragraph [0047] “The main bladder 12 of the counter pressure garment 10 comprises a water vapour permeable, liquid water and air impermeable bladder.“)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the bladder layer in Puma to have the characteristics of the bladder layer in Mah. One of ordinary skill in the art would have been able to recognize that this is a simple substitution of bladder layers to obtain the predictable results of a pressurized suit that would keep the user cool by being water vapor permeable.
However, Puma and Mah fails to teach further comprising two thigh seals configured to seal the bladder layer to the user such that the bladder layer forms a lower volume and an upper volume.
Ruseckas teaches an inflatable garment comprising two thigh seals (column 2, line 54 “see Fig. 2, the legs 3 of which 5, are adapted to encircle, above the knees, the upper thighs of the wearer, with the end of each leg 3 terminating in a cuff 4, composed of stretchable material such as sheet rubber.”) configured to seal the bladder layer to the user such that the bladder layer forms a lower volume and an upper volume (column 2, line 65 “see Fig. 2, the legs 3 of which 5, are adapted to encircle, above the knees, the upper thighs of the wearer, with the end of each leg 3 terminating in a cuff 4, composed of stretchable material such as sheet rubber.”)
It would be prima facie obvious to one of ordinary skill in the art to have thigh seals to differentiate the pressure areas in the suit as taught in Ruseckas. As the gasses to the various functioning portions of the system is conveyed by tubes in Puma, the first tube is configured to deliver the first pressurized fluid to the added functioning portion of the lower volume. One of ordinary skill in the art would have been able to recognize that this is a known technique in the art in similar devices and would yield the predictable results of a suit with different pressure levels present depending on the need of compression of the user.
Regarding claim 11, Puma, Mah, and Ruseckas, teach the garment of claim 1 , and Puma further teaches that the seals of the garment are a laminated sponge fabric, (column 16, line 27 “In order to achieve a secure seal which will provide protection from gas and liquid entry into the suit, a tight- fitting elastomeric material must be used for cuffs…. The second material is a soft neoprene closed cell sponge rubber with lightweight nylon fabric laminated to one side. It is typically used as wrist, neck and leg seals on divers suits.”) but fails to teach wherein the thigh seals cemented to the blader layer around an outer circumference of each seal.
Ruseckas teaches the thigh seals cemented to the bladder layer around an outer circumference of each seal (column 2, line 55 “the upper thighs of the wearer, with the end of each leg 3 terminating in a cuff 4, composed of stretchable material such as sheet rubber. Therefore, when the garment is put on, the wearer's feet and knees will pass freely through the cuffs 4 and when the garment is finally positioned to bring the junction seam 9 of sheath 1 and sleeve 2 above the waist, as shown in Fig. 1, the cuffs 4 will closely engage the legs of the wearer above the knees where the enlargement of the thighs begins.” The examiner notes that since the seal is inside the suit leg, modifying the garment to have this structure, would then make the thigh seals be cemented to the bladder layer around an outer circumference of the seals)
It would be prima facie obvious to one of ordinary skill in the art to have thigh seals to differentiate the pressure areas in the suit as taught in Ruseckas. One of ordinary skill in the art would have been able to recognize that this is a known technique in the art in similar devices and would yield the predictable results of a suit with different pressure levels present depending on the need of compression of the user.
Regarding claim 12, Puma, Mah, and Ruseckas teach the garment of claim 1, and Puma further teaches wherein the fabric of the cover layer is nylon or dacron. (column 7, line 27 “The preferred candidate material for the restraint layer is composed of a 2.25 ounce per square yard nylon fabric”)
Regarding claim 14, Puma, Mah, Ruseckas teach the garment of claim 1, and Puma further teaches wherein:
the cover layer includes a lower region proximate the lower volume (shown in figs 8-9) and an upper region proximate the upper volume (shown in figs 6-7);
and in the upper region, the cover layer includes at least one attachment provision configured to allow an external component to be attached to an exterior of the cover layer (column 5, line 55 “ The outer restraint layer covers the arms, legs, and torso exclusive of the head and neck, and exclusive of the hands and feet. The restraint layer is a non-stretchable fabric having as a primary function the protection of the layers underneath, to protect the crew member with a certain amount of abrasion resistance and from low energy shrapnel. It also houses pockets”)
Regarding claim 19, Puma, Mah, and Ruseckas teach the garment of claim 1, and Puma further further teaches the cover layer includes a plurality of adjustable seals configured to seal the cover layer to the user including: a neck seal (column 5, line 33 “a neck shroud for joining the helmet to the suit in a pneumatically sealed relation to the helmet and to the neck of the wearer.”); and two wrist seals (column 6, line 66 “The impermeable layer or liner 112 terminates at the wrists and is sealed due to an overlap interface with the gloves or rubber wrist seals (not shown)”).
Regarding claim 20, Puma, Mah, and Ruseckas teach the garment of claim 1, wherein Puma further teaches the garment comprises a neck region (column 3, line 1 “a neck shroud operatively coupled with the helmet assembly”) and a foot region (column 6, line 10 “bladders (LE) encircle the legs, and connect with the bladders (BT) that go down into the boot, over the feet (FIG. 8)”); and the bladder layer and the cover layer extend an entire length of the garment between the foot region and the neck region (shown in figure 4-9, figures 4-5 are the cover layer, 6-9 are the bladder layer).
Regarding claim 21, Puma, Mah, and Ruseckas teach the garment of claim 1, wherein Puma further teaches the garment comprises a neck region (column 3, line 1 “a neck shroud operatively coupled with the helmet assembly”) and a foot region (column 6, line 10 “bladders (LE) encircle the legs, and connect with the bladders (BT) that go down into the boot, over the feet (FIG. 8)”); the cover layer extend an entire length of the garment between the foot and neck region (figures 4-5 show the cover layer extends between the foot and neck.”) and the bladder layer terminates proximate a waist region of the garment (figures 8-9 show the bladder layer terminates around the waist region of the garment).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Rankin (US 5421326).
Regarding claim 2, Puma, Mah and Ruseckas teach the garment of claim 1, Puma teaches that the suit further comprises: a second fluid tube formed as part of the bladder layer and configured to deliver a second pressurized fluid to the interior of the bladder layer at the upper volume (column 16, line 51 “A second source of fluid P2, preferably oxygen, is fed through a breathing or oxygen regulator 146 (FIG. 2, items A-E and FIG. 15) through hose 218 to the upper portion of the suit assembly”; column 16, line 61 “the output of the anti-gravity valve 150 will provide a signal to the oxygen or breathing regulator for directing the appropriate flow of oxygen from the second fluid source P2 to the upper bladders of the garment CH, AR, HA”), but fails to teach wherein the cover layer is sealed around the second fluid tube allowing the second fluid tube to pass therethrough.
Rankin teaches a protective suit with a pocket and opening for a tube. (column 6, line 12 “The pocket 54 thus opens outward to allow the radiators 63 and 64 to exhaust hot air outside the coverall 34 and includes inwardly facing grommets 67 to allow breathing tube 68 to enter the coverall 34.” The examiner is modifying the suit taught by Puma, Mah, and Lawson to have a second pocket and opening as taught by Rankin that would allow the first fluid tube to pass therethrough. The examiner notes the grommets would allow the cover layer to be sealed around the tube.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify the suit taught by Puma, Mah, and Ruseckas to have an opening and seal as taught by Rankin to allow for the tubes to be safely stowed during the use of the suit to prevent puncturing of the pressurized system protecting the user.
Regarding claim 3, Puma, Mah, and Rankin teach the garment of claim 2 and puma further teaches that the upper volume is configured to be pressurized up to 50 mmHg and the lower volume is configured to be pressurized up to 100mmHg. (Column 21, lines 1-8 “a high gravity condition of 2 G's will initiate a first pressure schedule to continually increase the pressure in the lower portion of the garment linearly to 10.5 psi as a maximum of 9 G's is reached.”…“the sensed pressure of the anti-gravity valve will send a signal to the breathing regulator and upon reaching the force of 4 G's, the breathing regulator will then provide pressure which increases linearly to 1.2 psi maximum at 9 G's according to a second schedule.” The examiner notes 1.2 psi is approximately 62.05 mmHg aand 10.5 psi is approximately 600 mmHg. Since this is the maximum of the suit in the prior art, that means there is an embodiment that can be pressurized up to 50 mmHg and 100 mmHg. Further, the examiner notes that either the top or lower volume of the suit is supplied air by the breathing regulator as explained in claim 2.)
Claim(s) 4, 5, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Cadogan (US 2017/0216633) further in view of Argentino (US 5941186).
Regarding claim 4, Puma, Mah, and Ruseckas teach the garment of claim 1 but fails to teach the bladder layer is formed from a plurality of separate sections stitched together with thread; and seams of the thread are sealed with tape within the interior of the bladder layer.
Cadogan teaches a pressure suit with bladders that is stitched together with thread and sealed with tape. (paragraph [0033] “The restraint 312 can be sewn from patterned shapes, or woven in three-dimensional shapes. Textile webbings, tapes, or cords 314, 315, may also be applied externally to a simplified restraint shape that approximates the human form… The webbings, tapes or cords 314, 315 are stitched such that the restraint fabric is gathered and provides the excess material to create the convolute.” Figure 12 shows the section containing the bladder 313. The examiner notes since this is sewn that the separate sections are stitched together with thread.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the application to modify the suit as taught in Puma to be constructed as taught in Cadogan. One of ordinary skill in the art would have been able to recognize by constructing the garment as multiple pieces using thread and tape this would allow the user to maintain mobility and allow for the proper stretch or restraint of the bladder layer to apply the appropriate amount of pressure to the user for treatment.
However, Puma, Mah, Ruseckas and Cadogen fail to teach that the thread is nylon or polyester.
Argentino teaches a fabric for high security use that is flame resistant that uses nylon thread for stitching. (column 2, line 45 “These extensions 31, 33 are stitched to the assembly as shown on FIGS. 1 and 3 with another nylon thread.”)
It would be prima facie obvious to one of ordinary skill in the art to use nylon threads to sew the bladder layer as taught by Puma and Cadogen. One of ordinary skill in the art would have been able to recognize that using nylon thread enhances the strength of the garment because nylon thread has a resistance of approximately 16 pounds and has a thread count of about 10 points/inch. See column 2, line 49 of Argentino.
Regarding claim 5, Puma, Mah, Ruseckas, Cadogen, and Argentino teach the garment according to claim 4, Puma further teaches wherein the bladder layer includes a boot region defined by an air and water impermeable fabric in the shape of boots. (column 6, line 10 “Thus, bladders (LE) encircle the legs, and connect with the bladders (BT) that go down into the boot, over the feet” column 6, line 49 “the suit includes an essentially full coverage, impermeable liner 112 which is preferably constructed of polyurethane coated nylon.” The examiner notes that polyurethane coated nylon is air and water proof.)
Regarding claim 13, Puma, Mah, Ruseckas teach the garment of claim 1, but fail to teach wherein the cover layer is formed from a plurality of separate sections stitched together with nylon or polyester thread.
Cadogan teaches a pressure suit that is stitched together with thread and sealed with tape. (paragraph [0033] “The restraint 312 can be sewn from patterned shapes, or woven in three-dimensional shapes. Textile webbings, tapes, or cords 314, 315, may also be applied externally to a simplified restraint shape that approximates the human form… The webbings, tapes or cords 314, 315 are stitched such that the restraint fabric is gathered and provides the excess material to create the convolute.” Figure 12 shows the section containing the bladder 313. The examiner notes since this is sewn that the separate sections are stitched together with thread.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date of the application to modify the suit as taught in Puma to be constructed as taught in Cadogan. One of ordinary skill in the art would have been able to recognize by constructing the garment as multiple pieces using thread and tape this would allow the user to maintain mobility and allow for the proper stretch or restraint of the bladder layer to apply the appropriate amount of pressure to the user for treatment.
However, Puma, Mah, Ruseckas and Cadogen fail to teach that the thread is nylon or polyester.
Argentino teaches a fabric for high security use that is flame resistant that uses nylon thread for stitching. (column 2, line 45 “These extensions 31, 33 are stitched to the assembly as shown on FIGS. 1 and 3 with another nylon thread.”)
It would be prima facie obvious to one of ordinary skill in the art to use nylon threads to sew the bladder layer as taught by Puma and Cadogen. One of ordinary skill in the art would have been able to recognize that using nylon thread enhances the strength of the garment because nylon thread has a resistance of approximately 16 pounds and has a thread count of about 10 points/inch. See column 2, line 49 of Argentino.
Claim(s) 6 -8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Cagodan further in view of Argentino further in view of Oliver (US 2013/0174311).
Regarding claim 6, Puma, Mah, Ruseckas, Cadogen, and Argentino teach the garment according to claim 5, and wherein the air and water impermeable fabric is urethane-coated nylon (see claim 5 rejection) but fails to teach which is ultrasonically sealed to the bladder layer.
However, Oliver teaches that bladders can be ultrasonically welded. (paragraph [005] “ Most bladders are now made of a PU coated fabric type because PU is a thermo-plastic material which can be easily welded using high frequency or radio frequency or ultrasonic welding.”) The examiner is modifying the garment taught in Puma to use ultrasonic welding to connect the boot bladders to the rest of the garment.
It would be prima facie obvious to one of ordinary skill in the art to modify the suit in Puma to ultrasonically seal the seams as taught in Oliver. One of ordinary skill in the art would have been able to recognize this is a known technique to seal polyurethane coated fabric that are used for pressure applying garments.
Regarding claim 7, Puma, Mah, Ruseckas, Cadogen, and Argentino teach the garment according to claim 4, and Oliver further teaches that wherein the bladder layer terminates at airtight ankle seals. (paragraph [0083] “The undergarment 63 covers the torso, arms and legs of the wearer and is provided with a neck seal 69, wrist seals 70 and ankle seals 71.” The examiner is modifying the bladder layer taught by Puma and Mah to have the ankle seals as taught by Oliver. Since the bladder layer is impermeable to oxygen and nitrogen, adding ankle seals to the air tight bladder layer will make the ankle seals air tight as well.)
It would be prima facie obvious to one of ordinary skill in the art to modify the bladder layer taught by Puma and Mah to have ankle seals as taught by Oliver. One of ordinary skill in the art would have been able to recognize that without a seal at the ankles that the pressure could not be fully reached due to a leak in the ankle area.
Regarding claim 8, Puma, Mah, Ruseckas, Cadogen, Argentino, and Oliver teach the garment of claim 7 and Puma further teaches wherein the ankle seals comprise a laminated sponge fabric. (column 16, line 27 “In order to achieve a secure seal which will provide protection from gas and liquid entry into the suit, a tight- fitting elastomeric material must be used for cuffs…. The second material is a soft neoprene closed cell sponge rubber with lightweight nylon fabric laminated to one side. It is typically used as wrist, neck and leg seals on divers suits.”)
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah, Ruseckas, Cadogen, Argentino, Oliver and further in view of Johnson (US 8663133).
Regarding claim 9, Puma, Mah, Ruseckas, Cadogen, Argentino, and Oliver teach the garment of claim 8, but fail to teach wherein the ankle seals are cemented to the bladder layer around an outer perimeter of the ankle seals.
Johnson teaches a pressurized leg suit with ankles seals within an inner layer. (column 11, line 4 “The ankle seals 76 are shown in greater detail in FIG. 11, and comprise a sleeve seal 41 connected inside the suit leg 70” The examiner notes that since the seal is inside the suit leg, modifying the garment taught by claim 8, to have this structure, would then make the ankle seals be cemented to the bladder layer around an outer perimeter of the ankle seals.)
Regarding claim 10, Puma, Mah, Ruseckas, Cadogen, Argentino, Oliver, and Johnson teach the garment of claim 9, Johnson further teaches that a seal is stitched and sealed on the garment (column 14, line 25 “The compression sleeve can be sewn interior to the pant around the thigh opening, and made airtight with seam sealer in the form of Seam Lock sold by REI, Inc. of Sumner, Wash. to make the seam airtight.” The examiner is modifying the ankle seals taught by Johnson to be stitched and sealed to the bladder layer as taught by Johnson thigh seals.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to modify ankle seals in view of the stitch and seal method as taught by Johnson. One of ordinary skill in the art would have been able to recognize that these are known techniques to yield the predictable suits of a leak-proof pressurized suit.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Oliver.
Regarding claim 15, Puma, Mah, and Ruseckas teach the garment of claim 1, but fails to teach wherein the cover layer includes: a first resizing area located below the thigh seals, the first resizing area allowing the cover layer to be tightened above a knee region of the garment; and a second resizing area below the first resizing area, the second resizing area allowing the cover layer to be tightened below the knee region.
Oliver teaches suit resizing laces. (Figure 5, shows adjustment laces above the knee (first resizing area with region of the laces located below the thigh seals) and below the knee (second resizing area below the first resizing area). Paragraph [0053] “The lacings 38a, 38b and 44 are tightened to ensure that the jacket 32 and the garment 40 are a close fit around the torso and the lower body portion respectively of the wearer so that, when inflated, the bladders 33, 41 apply a required restriction”)
It would be prima facie obvious to one of ordinary skill in the art to modify the suit in Puma to use the adjustment laces as taught in Oliver. One of ordinary skill in the art would have been able to recognize this a suit would need to be adjusted for the size of each user to maintain the proper amount of restriction.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Lawson (US 10307622) further in view of Oliver.
Regarding claim 16, Puma, Mah, and Ruseckas teach the garment of claim 1, and Puma further teaches
a pass through device defining a channel through the cover layer and bladder layer, (Figure 3A element 59. Column 6, line 34 “distribution block is attached to the suit, through the impermeable layer and through the restraint layer. This block distributes breathing gas to the chest bladder CH and up to the helmet mask volume HE. The block also acts as a pass-through for demist and sensing lines and communication wires.”)
but fails to teach further comprising: a liquid cooling layer positioned on the interior of the bladder layer, the pass-through device including a first hose barb coupled to the first channel and a second hose barb coupled to the second channel, the hose barbs protruding from an exterior of the cover layer, wherein the first channel is configured to receive a pressurized fluid and direct the pressurized fluid to the bladder layer, and the second channel is configured to receive a cooling fluid and direct the cooling fluid to the liquid cooling layer.
Lawson teaches a pressurized suit with a passthrough device including a hose barb for connecting hoses. (column 7, line 33 “A hose barb fitting 190 may be connectable to the adapter block 180 to allow the high-pressure gas to be directed through cooling tubes (not shown) within a protective suit 10, which may be used with or in place of air cooling of the protective suit 10 as described relative to FIGS. 3-4. The hose barb fitting 190 may include a barbed end to allow the end of a hose to easily connect to the apparatus 120.” The examiner is modifying the pass through device in Puma to have hose barbs to connect the hoses (60 and 218) which would protrude from the exterior of the cover layer.)
It would be prima facie obvious to one of ordinary skill in the art before the effective filing date to have hose barbs in the pass-through device as taught by Lawson. One of ordinary skill in the art would have been able to recognize that adding hose barbs to the pass through device would yield the predictable results of having a connection point for tubing for pressurized fluid.
However, both Puma and Lawson do no teach a liquid cooling layer positioned on the interior of the bladder layer and wherein the first channel is configured to receive a pressurized fluid and direct the pressurized fluid to the bladder layer, and the second channel is configured to receive a cooling fluid and direct the cooling fluid to the liquid cooling layer.
Oliver teaches a pressurized suit further comprising a liquid cooling layer positioned on the interior of the bladder layer, wherein the pass through device is configured to connect to an external source via the hose barb to receive a cooling fluid from the external source, and direct the cooling fluid through the channel to the liquid cooling layer (paragraph [0088] “There are also a number of other features that can be included in the undergarment 63. There are "pass throughs". These are a means of making a waterproof connection from an item worn on the inside of the suit to the exterior of the suit. Referring again to FIG. 27, this might include a liquid or air cooling garment 64 worn underneath the undergarment 63 and connected to a power unit worn on the exterior allowing for a cooling capability to the aircrew”. The examiner notes that the undergarment is positioned on the inner side of the bladder layer.)
It would be prima facie obvious to one of ordinary skill in the art to have a liquid cooling layer as inside the bladder layer as taught in Oliver. One of ordinary skill in the art would have been able to recognize the need for an active cooling mechanism for users that would enhance the cooling evaporative effect occurring due to the water vapor permeable material of the inner layer (as taught in both Puma and Oliver).
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Shepard (US 3751727).
Regarding claims 17-18, Puma, Mah, and Ruseckas teach the garment of claim 1 but fails to teach further comprising a urine evacuation pass through providing a channel from the interior of the bladder layer proximate a groin region of the garment, through the bladder layer and the cover layer, to an exterior of the garment (of claim 17) and urine evacuation tube and a waste container, wherein the urine evacuation tube is configured to deliver urine from a groin region of the garment, through a urine evacuation pass through of the bladder layer, and to the waste container (of claim 18).
Shepard teaches a pressurized suit with a urine evacuation tube. (column 14, line 12 “A transfer hose connected to the internal housing of the urine transfer connector interfaces with it for the transfer of urine to the waste management system of the space craft.” Figure 3, element 94 shows the urine evacuation device with a tube proximate a groin region of the garment The examiner modifies the suit taught by Puma to have the channel go through the bladder and cover layer to the exterior of the garment into a waste container, as taught in Shepard the transfer hose connects to the exterior of the space suit to the waste management system of the craft.)
It would be prima facie obvious to one of ordinary skill in the art to modify the suit taught by Puma, Mah, and Ruseckas to have a urine collection and transfer system as taught in Shepard. One of ordinary skill in the art would have been able to recognize that users should have access to all bodily functions without having to take on and off the suit, especially during longer treatment times.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Puma in view of Mah further in view of Ruseckas further in view of Joh (US 2019/0374373).
Regarding claim 22, Puma, Mah, and Ruseckas teaches the garment of claim 21 and Puma further teaches wherein:
the cover layer includes a main entry closure operative to selectively open or seal the cover layer (column 5, line 55 “The outer restraint layer covers the arms, legs, and torso exclusive of the head and neck, and exclusive of the hands and feet. The restraint layer is a non-stretchable fabric having as a primary function the protection of the layers underneath, to protect the crew member with a certain amount of abrasion resistance and from low energy shrapnel. It also houses pockets, zippers and enclosures for crew use.”);
but fails to teach the cover layer is configured to enclose a removable urine collection device connected to the interior of the bladder layer in a groin region of the garment via a pass through opening, the removable urine collection device accessible through the main entry closure.
Joh teaches a wearable urinary collection apparatus with a removable container (paragraph [0070] “receptacle 6 may include a seal which permits the opening 42 to be fluid-tightly closed when desired, e.g., when the receptacle 6 contains urine and is to be removed for replacement or emptying.”).
It would be prima facie obvious to one of ordinary skill in the art to modify the suit taught in Puma to have a urine collection and transfer system as taught in Joh. One of ordinary skill in the art would have been able to recognize that users should have access to all bodily functions without having to take on and off the suit, especially during longer treatment times.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2, 11, and 14-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-18 of U.S. Patent No. 11834182 and provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 20-29, 32-39 of copending application 18385738. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons described below.
Regarding claim 1, this claim is rejected as being unpatentable over patent reference claim 1, as it is verbatim. Further this claim is rejected to copending application claims 20 (bladder layer, first fluid tube), 22 (thigh seals), and 32 (cover layer) although the claims at issue are not identical, they are not patentably distinct from each other because the language of claim 1 is found in the copending application claims.
Regarding claim 2, this claim is rejected as being unpatentable over patent reference claim 2 and copending application claim 23, as they are verbatim.
Regarding claim 4, this claim is verbatim as patent reference and copending application reference claim 2.
Regarding claim 11, this claim is verbatim as patent claim 7 and copending application claim 29.
Regarding claim 14, this claim is verbatim as patent claim 10 and copending application claim 32.
Regarding claim 15, this claim is verbatim as patent claim 11 and copending application claim 33.
Regarding claim 16, this claim is verbatim as patent claim 12 and is encompassed in copending application claim 20.
Regarding claim 17, this claim is verbatim as patent claim 13 and copending application claim 34.
Regarding claim 18 – 21, these claims are verbatim as patent claims 14-17 and copending application claims 35-38.
Regarding claim 39, this claim is verbatim as patent claim 18 and copending application claim 22.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mcgrady (US 5245993) teaches a pressurized flight suit with inflatable bladders.
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/A.L.D./Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791
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