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 § 102
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 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.
Claims 1-3, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toth (US 6551160 B1).
Regarding claim 1, Toth teaches an inflatable suit (Abstract; figures), comprising: an inflatable main body (10); and a light emitting component (30), wherein the light emitting component comprises a supporting part (52) and a lighting part (50), one end of the supporting part (52) is connected to the inflatable main body (10) (col.2, lines 23-27, “An inflatable bladder 22 is coupled to the main body portion 12, the leg portions 14, the arm portions 16, the shoe portions 18, and the hood portion 20.”), and the lighting part (50) is connected to an opposite end (Fig. 5) of the supporting part (52) and is suspended on an outer side of the inflatable main body (10) (claim 6; Figs. 1,2,5).
Regarding claim 2, Toth teaches wherein the inflatable main body (10) comprises a head part (20) and a body part (12), and a neck part (Figure) is formed at a connection between the head part (20) and the body part (12) (Figures; col.2, lines 23-27, “An inflatable bladder 22 is coupled to the main body portion 12, the leg portions 14, the arm portions 16, the shoe portions 18, and the hood portion 20.”).
Regarding claim 3, Toth teaches wherein the head part (20) is provided with a first inflation cavity and a first opening (Figs. 1 and 2 show opening for face), the body part (12) is provided with a second inflation cavity (bladder), and the first inflation cavity is in communication with the second inflation cavity (bladder) (See labeled figure below; col.2, lines 23-27, “An inflatable bladder 22 is coupled to the main body portion 12, the leg portions 14, the arm portions 16, the shoe portions 18, and the hood portion 20.”).
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Regarding claim 17, Toth teaches wherein the inflatable main body (10) is further equipped with a zipper device (42), and the zipper device is positioned on the body part (12).
Regarding claim 20, wherein the inflatable main body (10) is in a shape of cartoon shark, that is merely a design choice and does not hold patentable weight. See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947), where the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art.
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 4-10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Toth in view of Min (US 20220199584 A1).
Regarding claim 4, Toth teaches the inflatable suit according to claim 2, wherein the supporting part (52) is suspended on an outer side of the head part (20). Toth does not teach wherein the supporting part comprises a first supporting segment and a second supporting segment, the first supporting segment is positioned inside the first inflation cavity and is connected to an inner wall of the head part through a plurality of locking members, and the second supporting segment is connected to the first supporting segment.
However, Min teaches wherein the supporting part (wire of Fig. 9) comprises a first supporting segment (see labelled image below; wire segment of Fig. 9 inside the head part) and a second supporting segment (wire segment of Fig. 9 outside the head part on the gift box), the first supporting segment is positioned inside the first inflation cavity and is connected to an inner wall of the head part through a plurality of locking members (9) (Fig. 7; paragraph 43, “ In a specific application, as shown in FIG. 6 and FIG. 7, the blower 3 and the LED lamp 5 are connected to the doll body 1 by a cable tie 9 to realize a quick connection.”), and the second supporting segment (wire segment of Fig. 9 shown outside the head part) is connected to the first supporting segment and is suspended on an outer side of the main body (on gift box; see Fig. 9).
Min does not teach the support suspended on the outer side of the head part, instead teaches the support suspended on the outer part of the main body (gift box of Figs. 8 and 9). However, suspending the wire on the outer part of the head instead of on the main body is merely a design choice and can be achieved by a simple rearrangement of parts. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950), where the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the supporting segment of Toth with a first and second supporting segment inside of the inflatable body as taught by Min, to use known supporting means that are interior to inflatable bodies and to enable providing an extended light source external to the head. The examiner notes that Toth does show the light source being external to the inflatable body/head so that the internal support means of Min would be naturally configured to suspend to the outside portion of the head.
Regarding claim 5, Min teaches wherein the plurality of locking members (9) are
cable ties. Min does not disclose that the cable ties are “self-locking nylon”. However, it is commonly known in the art that cable ties are “self-locking nylon”.
Regarding claim 6, Toth teaches wherein the head part (20) is approximately spherical and has a first opening (Figs. 1 and 2). Toth does not teach the first supporting segment is arranged against an inner wall of the head part relative to the first opening, and the first supporting segment is in a "C" shape. However, Min teaches the first supporting segment (wire in head of Fig. 9) is arranged against an inner wall of the head part relative to the face of the inflatable paragraph 43, (Fig. 9; paragraph 43 “In a specific application, as shown in FIG. 6 and FIG. 7, the blower 3 and the LED lamp 5 are connected to the doll body 1 by a cable tie 9 to realize a quick connection.”), and the first supporting segment is in a "C" shape (see shape of wire in head of Fig. 9). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the head part of Toth with a first supporting segment, as taught by Min, to enable providing an extended light source.
Regarding claim 7, Min teaches wherein the first supporting segment (wire in head part of Fig. 9) extends from the neck part to a top end of the head part (Fig. 9), the second supporting segment extends from the top end of the head part to the lighting part suspended on one side of the first opening (opening shown in Fig. 7) (claim 2, “head and a bottom opening”) (Fig. 7), and the first supporting segment is arc-shaped (Fig. 9) (also see labeled drawing above).
Regarding claim 8, Toth does not teach wherein the top end of the head part (20) is connected with a protective sleeve, the protective sleeve is provided with a third inflation cavity and a first through opening in communication with the third inflation cavity, and the top end of the head part is provided with a second through opening in communication with the first inflation cavity; the first inflation cavity, the second through opening, the first through opening, and the third inflation cavity are sequentially communicated. However, Min teaches wherein one end of the main body (1) is connected with a protective sleeve (gift-box 6) (Figs. 6 and 9), the protective sleeve (6) is provided with a third inflation cavity (gift-6 shown to be inflatable; see labelled figure above). Min does not explicitly teach a first through opening in communication with the third inflation cavity, and the top end of the head part is provided with a second through opening in communication with the first inflation cavity; the first inflation cavity, the second through opening, the first through opening, and the third inflation cavity are sequentially communicated. The examiner is interpreting the first and second through openings to be those on top and below the wire, enabling communication between the head part and the third inflation cavity. However, Min teaches that the wire with the LED (5) is transferred from the body (1) to the gift box-6 (Fig. 9; paragraph 41, “Further, the doll body 1 is provided with a gift box 6, and the gift box 6 is provided with a second LED lamp electrically connected to the power connector 4.”), indicating a through opening allowing communication between the body and gift box. Furthermore, claim 2 of Min teaches an opening in the head, enabling transfer of the supporting part (wire). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the head part of Toth with through openings connecting to a third inflatable element external to the head, as taught by Min, to provide an inflated light source above the head.
Regarding claim 9, Min teaches wherein the supporting part (wire) is capable of passing through the through opening (opening between body and gift box shown by connection in Fig. 9; another opening shown in Fig. 7; claim 2 recites “a head and a bottom opening”) so that the second supporting segment (wire inside gift box) is positioned inside the third inflation cavity (inflated gift box shown in Fig. 9). Min does not explicitly teach a first and second through opening. However, the first and second through openings would occur due to the wire splitting the opening, where the first through opening could be considered as above the wire, and the second through opening could be considered below the wire.
Regarding claim 10, Toth teaches wherein the top end of the head part (20) is equipped with a translucent lamp cover (58), the lighting part (50) is positioned inside the lamp cover (58), and the light emitted by the lighting part can penetrate the lamp cover (claim 10). Toth does not teach the protective sleeve with a top end away from the head part. However, Min teaches a protective sleeve (6) with a top end away from the head part (Fig. 9). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the light assembly of Toth with a protective sleeve, as taught by Min, for the costume to have an inflatable light source above the head which would also be part of the costume.
Regarding claim 18, Min teaches wherein the inflatable main body (1) is made of
polyester fiber material (paragraph 33, “The doll body 1 comprises a waterproof, inflatable, and light-permeable fabric. For example, the fabric comprises a polyester fiber material with a waterproof coating.”).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Toth in view of Min, further in view of Booher (US 5233704 A).
Regarding claim 11, Toth teaches the lighting part (50) is a lamp bulb (Fig. 5; “A light 50 is coupled to the light socket 56”). Toth does not teach wherein the supporting part is made of iron wire. However, Min teaches wherein the supporting part (wire shown in Fig. 9) is made of wire (paragraph 44; Fig. 9). Min does not teach that the wire is made of iron. However, Booher teaches a headpiece with iron wire (14) to hold its shape (Fig. 1; claim 1; col. 1, line 50). Therefore, it would be obvious to one of ordinary skill before the effective filing date of the instantly claimed invention to provide the head assembly (including protective sleeve extending above head, as taught in view of Min) of the modified Toth with a supporting part made of iron wire, as taught Booher, to obtain a particular shape of the supporting part with the light extending from the head.
Claims 12, 14, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Toth in view of Morph Costumes (NPL).
Regarding claim 12, Toth teaches wherein the inflatable main body (10) is equipped with an elastic inner sleeve (col. 1, lines 14-16, “inner layer”). Toth does not explicitly teach that the elastic inner sleeve is connected to the head part (20), and the elastic inner sleeve is configured for adapting to heads of different sizes. However, Morph Costumes teaches the elastic inner sleeve is connected to the head part, and the elastic inner sleeve is configured for adapting to heads of different sizes (see images below and NPL attached). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the costume of Toth with an adjustable inner sleeve to accommodate different head sizes, as taught by Morph Costumes, to enable people of various sizes to wear the costume.
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Regarding claim 14, Toth does not teach an air blowing component, wherein the air blowing component is detachably connected to the inflatable main body, and the air blowing component is configured for inflating the inflatable main body. However, Morph Costumes teaches an air blowing component, wherein the air blowing component is detachably connected to the inflatable main body, and the air blowing component is configured for inflating the inflatable main body (see Morph Costumes images below and NPL video).
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Regarding claim 19, Toth teaches wherein the elastic inner sleeve is made of
elastic fabric (col. 1, lines 14-16, “an inflatable immersion suit that has an inner layer that is inherently more elastic than the outer layer so as to ensure a close fitting around a user”).
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Toth in view of Morph Costumes, further in view of Sigmon (US 20080276357 A1).
Regarding claim 13, the modified Toth teaches the elastic inner sleeve (in view of Morph Costumes). The modified Toth does not teach wherein the elastic inner sleeve (col. 1, lines 14-16, “inner layer”) is equipped with an elastic band, and the elastic band is configured for adjusting a size of the elastic inner sleeve. However, Sigmon teaches an elastic band (124), and the elastic band is configured for adjusting a size of the hood (122). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the inner sleeve of the modified Toth with an adjustable elastic band, as taught by Sigmon, to secure the costume around the head.
Regarding claim 15, Toth teaches a lighting part (50). Toth does not teach a charging component, wherein the charging component is electrically connected to the air blowing component and the lighting part, and the charging component is configured for supplying power to the air blowing component and the lighting part. However, Morph Costumes teaches a charging component (see image below), wherein the charging component is electrically connected to the air blowing component, and the charging component is configured for supplying power to the air blowing component (see NPL video). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to provide the modified Toth with a charging component that supplies power to both the blowing component of Morph Costumes and the light of Toth to simultaneously fully activate the costume should a costume have a light.
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Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Toth in view of Morph Costumes, further in view of Sigmon and Puff me Up (NPL).
Regarding claim 16, the modified Toth does not teach wherein the inflatable main body is connected with a storage bag, the storage bag is positioned inside the second inflation cavity, and the storage bag is configured for placing the charging component. However, Puff me Up teaches wherein the inflatable main body is connected with a storage bag, the storage bag is positioned inside the second inflation cavity, and the storage bag is configured for placing the charging component (See image below and NPL attached).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABA ALI whose telephone number is (571)272-0268. The examiner can normally be reached 8:00 a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SABA N. ALI/Patent Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
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