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 .
Election/Restrictions
Claims 7-8, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 08, 2025.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1-2, 5-6, 9-12, and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scher et al. (US 3,508,724), hereinafter Scher, Peyman et al. (US 9,725,192 B2), hereinafter Peyman, and O’Hanley et al. (US 2021/0229841 A1), hereinafter O’Hanley.
Regarding claim 1, Scher discloses a rocket stage for a multistage space launch vehicle (rocket booster 10 and second stage 12, figs. 3-5), wherein the rocket stage comprises a main engine to provide thrust for liftoff of the space launch vehicle from the surface of the earth (rocket booster 10 comprises an engine) and wherein the rocket stage is configured for stage separation from remaining parts of the space launch vehicle during ascent after the liftoff (Col. 3, 24-26, “a two-stage space probe is shown in the ascent immediately after the rocket booster 10 has separated from the second stage 12”; as shown in fig. 1) such that the space launch vehicle continues towards space (Col. 3, lines 26-28, “[f]rom momentum the booster continues to rise after separation, as shown in fig. 2) and the rocket stage returns to the surface of the earth (fig. 5), the rocket stage comprising:
an inflatable hull (numeral 14 designates an inflated balloon, figs. 3-5);
an inflation unit (small mass of gas 15, fig. 1) configured to perform inflation of the hull with the lifting gas (Col. 2, lines 46-49, “[a]lso shown in FIGS. 1 and 2, is a small mass of gas 15 inside the balloon which is used to initially inflate the balloon, such as a subliming material”. See also Col. 3, lines 52-57);
a propulsion unit (Col. 3, lines 74-75 – Col. 4, lines 1-2, “[a]fter the booster is suspended in the atmosphere it is retrieved by some flying device such as a helicopter or it could have a built-in propulsion system such as that on a dirigible”) and a [directional] unit (Col. 3, lines 63-69, “ Although it is possible to design the system so that it becomes suspended in the atmosphere at a very low altitude and, therefore, impacts at a low velocity, most likely it will be desirous to prolong the period for which the system is suspended so that it can be propelled to the proper landing area and then brought to impact at a regulated rate.”); and
a [control unit] configured to:
initiate the inflation of the hull (Col. 3, lines 23-33, “[i]n FIG. 1, a two-stage space probe is shown in the ascent immediately after the rocket booster 10 has separated from the second stage 12. From momentum the booster continues to rise after separation, as shown in FIG. 2, until reaching thin atmosphere at which point the balloon 14 is distended (see FIG. 3), so that the valves 20 become exposed using a small internal mass of gas 15, such as a subliming material. The amount of gas required is very small because the atmosphere is so thin at that altitude”) by controlling the inflation unit when a predefined condition after the stage separation is fulfilled (Col. 3, lines 23-37, “[u]pon reaching its apogee, the booster and attached balloon begin the descent at an accelerating pace, as shown in FIG. 4, with the "balloon creating drag and the whole system giving rise to a shock wave 22 out front”), the inflation increasing a volume of the hull by filling the hull with the lifting gas to generate aerostatic lift (Col. 3, lines 52-57, “[b]ecause of the drag of the balloon 14 and the buoyancy of the hot atmosphere within the balloon, the system eventually decelerates to zero velocity at which point the booster 10 is suspended in the atmosphere by the fully charged hot air balloon 14, as is shown in FIG. 5”).
However, while Scher implies that there is a steering/directional unit, Scher does not appear to
Specifically disclose a steering unit configured to provide thrust and attitude control for the rocket stage while the hull is at least partially inflated; and a control unit configured to control the inflation unit and the propulsion and steering unit, wherein the control unit is configured to control the propulsion and steering unit to maneuver the rocket stage in a descent to a specified landing site on the surface of the earth while the hull is at least partially filled with the lifting gas during the descent. Furthermore, Scher does not appear to specifically disclose an inflatable hull configured to receive and retain lifting gas from a pressure tank attached to the rocket stage.
Peyman is in the field of an airship powered aerospace vehicle (Abstract) and teaches a control unit configured to control the inflation unit (Col. 3, lines 20-50, the control system controls the balloon 120). Furthermore, Peyman teaches an inflatable hull configured to receive and retain lifting gas from a pressure tank attached to the rocket stage (Col. 3, lines 37-38, “the control system re-inflates the balloon 120 using the gas stored in high pressure chambers or gas tanks”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the [control unit] of Scher such that it was automated as taught by Peyman, in order to increase efficiency, productivity, and safety, since the court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scher such that the inflatable hull was configured to receive lifting gas from a pressure tank as taught by Peyman, in order to provide a source of lifting gas.
O’Hanley is in the field of a deployment system (Abstract) and teaches a propulsion and steering unit (Para. [0020], “[i]t should be appreciated that the propulsion system 208 may further include one or more systems or sub-systems to facilitate steering within a prescribed or adapted reentry corridor”), and a control unit configured to control the propulsion and steering unit (Para. [0031], “an onboard guidance or control system may be utilized to steer or otherwise navigate to a location, or within a vicinity or range of the location, for delivery of the object”. See also Para. [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the deployment system of Scher such that in addition to the propulsion unit there was also a steering unit as taught by O’Hanley, in order to facilitate steering. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have one controller controlling the inflation unit and the propulsion and steering unit in order to simplify operation. Lastly, since Scher teaches that the inflation happens at apogee (Scher: Col. 3, lines 33-37), then as a result of the above modification, the propulsion and steering unit would be configured to provide thrust and attitude control for the rocket stage while the hull is at least partially inflated; and the control unit would be configured to control the propulsion and steering unit to maneuver the rocket stage in a descent to a specified landing site on the surface of the earth while the hull is at least partially filled with the lifting gas during the descent.
Regarding claim 2, Scher in view of Peyman and O’Hanley discloses the invention in claim 1, and Scher further discloses wherein the inflation unit comprises an exchange unit configured to replace the lifting gas with air from surrounding atmosphere within the volume enclosed by the hull (Col. 3, lines 43-47, “[i]ncreased pressure at the openings 16 can be attained by constructing scoops 24 so as to funnel the atmosphere into the openings; however, they must be carefully designed not to increase the internal pressure of the balloon beyond its bursting point”; fig. 4), wherein the control unit is further configured to control the exchange unit to initiate and perform replacement of the lifting gas with air, such that with decreasing altitude of the rocket stage an increasing amount of the lifting gas is replaced with the air (Examiner notes, as modified above the system of Scher is modified with the control unit of Peyman such that it was automated. Furthermore, Scher discloses in at least Col. 3, lines 33-37, “[u]pon reaching its apogee, the booster and attached balloon begin the descent at an accelerating pace, as shown in FIG. 4, with the "balloon creating drag and the whole system giving rise to a shock wave 22 out front”. See also Col. 2, lines 50-52).
Regarding claim 5, Scher in view of Peyman and O’Hanley discloses the invention in claim 1, but does not appear to specifically disclose wherein the rocket stage comprises a deceleration system configured to decrease velocity of the rocket stage with respect to the earth.
However, O’Hanley teaches wherein the rocket stage comprises a deceleration system configured to decrease velocity of the rocket stage with respect to the earth (Para. [0017], “[i]t should be appreciated that a steerable parachute is shown for illustrative purposes only and that, in various embodiments, a sequence of devices may be deployed to slow the capsule below a threshold speed and that a steerable parachute may include one or none of the devices within the sequence.”; as shown in fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scher such that there was an additional parachute added to the system as taught by O’Hanley, in order to decrease velocity of the rocket stage. The resulting device renders obvious wherein the control unit is further configured to start activation of the deceleration system during or after the stage separation and before the inflation of the hull.
Regarding claim 6, Scher in view of Peyman and O’Hanley discloses the invention in claim 5, and the combination further discloses wherein the deceleration system comprises a device configured to generate aerodynamic drag (as modified above in claim 5, the deceleration system comprises a parachute which generates aerodynamic drag).
Regarding claim 9, Scher in view of Peyman and O’Hanley discloses the invention in claim 1, and Scher further discloses wherein the hull that is fully inflated has the shape of a blimp-airship (Col. 3. Lines 74-75 – Col. 4, lines 1-2, “[a]fter the booster is suspended in the atmosphere it is retrieved by some flying device such as a helicopter or it could have a built-in propulsion system such as that on a dirigible”), but is silent regarding the dirigible comprising aerodynamically stabilizing tail fins.
However, the Examiner is taking official notice that aerodynamic stabilizing fins are well known to be located on a dirigible, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dirigible of Scher such that it has fins in order to assist in stabilizing the dirigible.
Regarding claim 10, Scher in view of Peyman and O’Hanley discloses the invention in claim 1, and Scher further discloses wherein the aerostatic lift generated by the lifting gas within the volume enclosed by the hull that is at least partially inflated is at one point of time at least as high as a force of gravity acting on the rocket stage, wherein the control unit is further configured to control the propulsion and steering unit to perform a cruise flight with constant or increasing altitude above sea level before or during descent (Col. 3, lines 52-57, “[b]ecause of the drag of the balloon 14 and the buoyancy of the hot atmosphere within the balloon, the system eventually decelerates to zero velocity at which point the booster 10 is suspended in the atmosphere by the fully charged hot air balloon 14, as is shown in FIG. 5”. Furthermore, examiner notes, as modified above in claim 1, the control unit is configured to control the propulsion and steering unit).
Regarding claim 11, Scher in view of Peyman and O’Hanley discloses the invention in claim 1, and Scher further discloses wherein the aerostatic lift generated by the lifting gas within the volume enclosed by the hull that is at least partially inflated is smaller than a force of gravity acting on the rocket stage for at least first 80% of the altitude descended by the rocket stage (Col. 3, lines 52-57, “[b]ecause of the drag of the balloon 14 and the buoyancy of the hot atmosphere within the balloon, the system eventually decelerates to zero velocity at which point the booster 10 is suspended in the atmosphere by the fully charged hot air balloon 14, as is shown in FIG. 5”).
Regarding claim 12, Scher in view of Peyman and O’Hanley discloses the invention in claim 5, and Scher further discloses wherein the control unit is further configured to guide the rocket stage into a ballistic flight after the stage separation by performing a main-engine-cutoff (Examiner is taking official notice that the engine cutoff occurs before separation), and to guide the rocket stage into a deceleration phase after the ballistic flight, wherein the deceleration system is inactive during the ballistic flight (Col. 3, lines 18-47, everything occurring between separation and apogee) and active during the deceleration phase (Col. 3, lines 31-35, “[t]he amount of gas required is very small because the atmosphere is so thin at that altitude. Upon reaching its apogee, the booster and attached balloon begin the descent at an accelerating pace, as shown in FIG. 4”).
Regarding claim 14, Scher discloses a method of guiding a rocket stage of a multistage space launch vehicle back to earth for reuse (rocket booster 10 and second stage 12, figs. 3-5), wherein the rocket stage provides thrust with a main engine for liftoff of the space launch vehicle from the surface of the earth and wherein the rocket stage is separated from remaining parts of the space launch vehicle during ascent after the liftoff (Col. 3, 24-26, “a two-stage space probe is shown in the ascent immediately after the rocket booster 10 has separated from the second stage 12”; as shown in fig. 1) such that the space launch vehicle continues towards space (Col. 3, lines 26-28, “[f]rom momentum the booster continues to rise after separation, as shown in fig. 2) and the rocket stage returns to the surface of the earth (fig. 5), the method comprising:
initiating, an inflation of an inflatable hull (numeral 14 designates an inflated balloon, figs. 3-5) connected to the rocket stage (figs. 3-5) when a predefined condition after stage separation is fulfilled (Col. 3, lines 23-37, “[u]pon reaching its apogee, the booster and attached balloon begin the descent at an accelerating pace, as shown in FIG. 4, with the "balloon creating drag and the whole system giving rise to a shock wave 22 out front”) such that the hull is receiving and retaining lifting gas from a pressure tank (Col. 2, lines 46-48, “small mass of gas 15 inside the balloon which is used to initially inflate the balloon”; fig. 2) attached to the rocket stage (fig. 2) for increasing the volume of the hull with the lifting gas to generate aerostatic lift (Col. 3, lines 52-57, “[b]ecause of the drag of the balloon 14 and the buoyancy of the hot atmosphere within the balloon, the system eventually decelerates to zero velocity at which point the booster 10 is suspended in the atmosphere by the fully charged hot air balloon 14, as is shown in FIG. 5”); and
controlling, a propulsion (Col. 3, lines 74-75 – Col. 4, lines 1-2, “[a]fter the booster is suspended in the atmosphere it is retrieved by some flying device such as a helicopter or it could have a built-in propulsion system such as that on a dirigible”) and [directional] unit (Col. 3, lines 63-69, “ Although it is possible to design the system so that it becomes suspended in the atmosphere at a very low altitude and, therefore, impacts at a low velocity, most likely it will be desirous to prolong the period for which the system is suspended so that it can be propelled to the proper landing area and then brought to impact at a regulated rate”).
However, while Scher implies that there is a steering/directional unit, Scher does not appear to
Specifically disclose a propulsion and steering unit to maneuver the rocket stage to a specified landing site on the surface of the earth in a descent, wherein the propulsion and steering unit provides thrust and attitude control while the hull is at least partially inflated and wherein the hull is at least partially filled with the lifting gas during the descent. Furthermore, Scher does not appear to specifically disclose initiating via a control unit an inflation of an inflatable hull, and controlling, via the control unit, a propulsion and steering unit.
Peyman is in the field of an airship powered aerospace vehicle (Abstract) and teaches a control unit configured to control the inflation unit (Col. 3, lines 20-50, the control system controls the balloon 120).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the [control unit] of Scher such that it was automated as taught by Peyman, in order to increase efficiency, productivity, and safety, since the court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958).
O’Hanley is in the field of a deployment system (Abstract) and teaches a propulsion and steering unit (Para. [0020], “[i]t should be appreciated that the propulsion system 208 may further include one or more systems or sub-systems to facilitate steering within a prescribed or adapted reentry corridor”), and a control unit configured to control the propulsion and steering unit (Para. [0031], “an onboard guidance or control system may be utilized to steer or otherwise navigate to a location, or within a vicinity or range of the location, for delivery of the object”. See also Para. [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the deployment system of Scher such that in addition to the propulsion unit there was also a steering unit as taught by O’Hanley, in order to facilitate steering. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have one controller controlling the inflation unit and the propulsion and steering unit in order to simplify operation. Lastly, since Scher teaches that the inflation happens at apogee (Scher: Col. 3, lines 33-37), then as a result of the above modification, the propulsion and steering unit would provide thrust and attitude control for the rocket stage while the hull is at least partially inflated; and the control unit would be configured to control the propulsion and steering unit to maneuver the rocket stage to a specified landing site on the surface of the earth in a descent.
Regarding claim 15, Scher discloses an airship module (Col. 3, lines 74-75 – Col. 4, lines 1-2,
“[a]fter the booster is suspended in the atmosphere it is retrieved by some flying device such as a helicopter or it could have a built-in propulsion system such as that on a dirigible”. Examiner notes, the hot air balloon system of Scher is now an airship module since it is now inflated with a dirigible propulsion system, and it has a lifting gas inflated body) configured to be attached to a rocket stage (figs. 3-5), an inflation unit (small mass of gas 15, fig. 1), and a compartment containing an inflatable hull (numeral 14 designates an inflated balloon, figs. 1-5), and the inflation unit is configured to perform the inflation of the hull with the lifting gas (Col. 2, lines 46-49, “[a]lso shown in FIGS. 1 and 2, is a small mass of gas 15 inside the balloon which is used to initially inflate the balloon, such as a subliming material”. See also Col. 3, lines 52-57).
However, while Scher implies that there is a steering/directional unit, Scher does not appear to
Specifically disclose wherein the airship module further comprise a steering unit configured to provide thrust and attitude control to the rocket stage while the hull is at least partially inflated, and wherein the control unit is configured to control the inflation unit and the propulsion and steering unit. Furthermore, Scher does not appear to specifically disclose wherein the airship module comprising a pressure tank configured to contain lifting gas, wherein the inflatable hull is configured to receive and retain the lifting gas from the pressure tank. Lastly, Scher does not appear to specifically disclose a control unit.
Peyman is in the field of an airship powered aerospace vehicle (Abstract) and teaches a control unit configured to control the inflation unit (Col. 3, lines 20-50, the control system controls the balloon 120). Furthermore, Peyman teaches an inflatable hull configured to receive and retain lifting gas from a pressure tank attached to the rocket stage (Col. 3, lines 37-38, “the control system re-inflates the balloon 120 using the gas stored in high pressure chambers or gas tanks”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the [control unit] of Scher such that it was automated as taught by Peyman, in order to increase efficiency, productivity, and safety, since the court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scher such that the inflatable hull was configured to receive lifting gas from a pressure tank as taught by Peyman, in order to provide a source of lifting gas.
O’Hanley is in the field of a deployment system (Abstract) and teaches a propulsion and steering unit (Para. [0020], “[i]t should be appreciated that the propulsion system 208 may further include one or more systems or sub-systems to facilitate steering within a prescribed or adapted reentry corridor”), and a control unit configured to control the propulsion and steering unit (Para. [0031], “an onboard guidance or control system may be utilized to steer or otherwise navigate to a location, or within a vicinity or range of the location, for delivery of the object”. See also Para. [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the deployment system of Scher such that in addition to the propulsion unit there was also a steering unit as taught by O’Hanley, in order to facilitate steering. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have one controller controlling the inflation unit and the propulsion and steering unit in order to simplify operation. Lastly, since Scher teaches that the inflation happens at apogee (Scher: Col. 3, lines 33-37), then as a result of the above modification, the propulsion and steering unit would be configured to provide thrust and attitude control for the rocket stage while the hull is at least partially inflated; and the control unit would be configured to control the propulsion and steering unit to maneuver the rocket stage in a descent to a specified landing site on the surface of the earth while the hull is at least partially filled with the lifting gas during the descent.
Regarding claim 16, Scher in view of Peyman and O’Hanley discloses the invention in claim 6, and further discloses wherein the device configured to generate the aerodynamic drag is a parachute (as modified above in claim 5, the device is a parachute).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scher in view of Peyman and O’Hanley as applied to claim 1 above, and further in view of Wolfgang (DE 10065385 A1).
Regarding claim 4, Scher in view of Peyman and O’Hanley discloses the invention in claim 1, and Peyman further discloses wherein the propulsion and steering unit comprises at least one propeller or ducted fan (propeller chosen; Para. [0030], “an nth stage 416 corresponds to a propeller-driven system).
However, modified Scher does not appear to specifically disclose wherein the propeller is a steerable propeller.
Wolfgang is in the field of a propeller driven dirigible airship (Abstract) and teaches wherein the propeller is a steerable propeller (Title, “Propeller driven dirigible has steerable propellers on each end to aid maneuvering”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scher such that the propeller was a steerable propeller as taught by Wolfgang, in order to improve maneuverability.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scher in view of Peyman, and O’Hanley as applied to claim 12 above, and further in view of Andrews (US 4,504,031 A).
Regarding claim 13, Scher in view of Peyman and O’Hanley discloses the invention in claim 12, and Scher further discloses wherein the rocket stage comprises a unit configured to rotate the rocket stage around a lateral axis of the rocket stage during the ballistic phase (Col. 3, lines 63-69, “[a]lthough it is possible to design the system so that it becomes suspended in the atmosphere at a very low altitude and, therefore, impacts at a low velocity, most likely it will be desirous to prolong the period for which the system is suspended so that it can be propelled to the proper landing area and then brought to impact at a regulated rate”; as shown in fig. 5). However, modified Scher does not appear to specifically disclose a reverse unit configured to rotate the rocket stage around a lateral axis of the rocket stage during the ballistic phase. Furthermore, modified Scher does not appear to specifically disclose wherein the pressure tank is arranged in an upper part of the rocket stage.
Andrews is in the field of a recovery method for a space vehicle (Abstract) and teaches a reverse unit configured to rotate the rocket stage around a lateral axis of the rocket stage during the ballistic phase (Col. 7, lines 49-53, “[p]reparatory to making a reentry, the rocket motor 16 is off and the thrusters or directional rockets 26 are operated, in a well-known manner, to reorient the space vehicle 10 so that the rocket nozzle 18 leads the space vehicle 10 as it continues moving towards the earth”). Furthermore, Andrews teaches a pressure tank arranged in an upper part of the rocket stage (see tanks in figs. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scher such that there was a reverse unit in order to reorient the space vehicle as it continues moving towards the earth (Andrews: Col. 7, lines 49-53). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success, to move the pressure tank of modified Scher at an upper part of the rocket stage, in order to distribute the overall weight. MPEP 2143 (I)(E). The resulting device renders obvious wherein the main engine is located at a front of the rocket stage with respect to a velocity vector of the rocket stage and the pressure tank is located in a rear part of the rocket stage with respect to the velocity vector after being rotated by the reverse unit.
Allowable Subject Matter
Claims 3 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
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/N.A./Examiner, Art Unit 3647
/Richard Green/Primary Examiner, Art Unit 3647