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 § 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 13-17 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 13 recites the limitations each of the following limitations twice. Each time the limitation includes an “A” or an “an” article which introduces the limitation as a new limitation. The repetition of the same terms with the introductory articles makes the claim unclear because it is not clear if each introduction of the limitation is referring to the same element or introducing a new element with the same limitation.
“An entrance opening” in lines 6, 16;
“A first selective valve” in lines 7-8, 17;
“A first cavity” in lines 7, 20;
“A top sheet” in lines 8, 18;
“A bottom sheet” in lines 8, 18;
“A passage pocket” in lines 11, 16;
“A second selective valve” in lines 12, line 21.
Claims 14-17 depend on claim 13 and are therefore rejected under 35 U.S.C. 112(b) accordingly.
Specification
The disclosure is objected to because of the following informalities: The specification provides conflicting information regarding the abilities of the cavities to inflate based on the location of the air output device. Claim 13 requires attaching an air output to the first port, the passage pocket acts as a second selective valve for allowing passage of air into the second cavity, the air output inflating the first cavity such that the second cavity is not inflated or when attaching an air output to the second port, the port pocket acting as a second selective valve for allowing passage of air into the first cavity, the air output inflating the second cavity such that the first cavity is not inflated. Paragraph [0036] of the disclosure dated 28 June 2024 discloses “Port pockets 85 and passage pockets 185, in one embodiment, are configured to allow for selective inflation of the first section 2 and the second section 4. In particular, the first section 2 can be inflated alone or first section 2 and second section 4 can be inflated together.” There does not appear to be information regarding inflating just the second section and not the first section.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the inflation device which is capable of being used in both of the manners of method 13. In other words, there does not appear to be an embodiment shown which when attaching an air output to the first port, the passage pocket acts as a second selective valve for allowing passage of air into the second cavity, the air output inflating the first cavity such that the second cavity is not inflated or when attaching an air output to the second port, the port pocket acting as a second selective valve for allowing passage of air into the first cavity, the air output inflating the second cavity such that the first cavity is not inflated must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. In other words, based on the disclosure, the options for inflation are either the air output is coupled to the first port and just the first cavity inflates or the air output is coupled to the second port and both the first and second cavity inflates. The Examiner requests a figure which shows the embodiment which allows the second cavity to inflate while the first cavity remains uninflated.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 and 3-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims presented in the table below of U.S. Patent No. 12,023,288 in view of Perez et al. (US Patent No. 6,240,584 – hereinafter Perez).
The claims of US Patent No. 12,023,388 do not disclose a first port pocket sheet disposed between the top sheet and the bottom sheet; a second port pocket sheet disposed between the top sheet and the bottom sheet and cooperating with the first port pocket sheet to define a port pocket, and a second passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet and cooperating with the first passage pocket sheet to define a passage pocket. However, US Patent No. 6,240,584 to Perez teaches forming valve pockets out of first and second sheets (sheets 181 and 183 forming valve 180 as shown in Figs. 8-9 of Perez – note that valve 150 has the same structure as valve 180; also see Fig. 10 showing a side profile of valve 180 positioned between top and bottom sheets and then see the arrangement of valve 150 in Fig. 5). One having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use the known method of forming pocket valves with first and second sheets joined together as taught by Perez to form the valves of the invention of US Patent No. 12,023,288 with a reasonable expectation of success and with no change in their respective functions and one of ordinary skill in the art would have recognized that the results of the combination were predictable (e.g. forming pocket valves from first and second sheets creating a soft and flexible valve instead of a hard valve which could cause holes in the inflatable device).
Claim
US Application 18/757917
US Patent No. 12,023,288
Limitations missing from US Patent No. 1,2023,288
1
An inflatable device for transferring or positioning a person on a support surface, the inflatable device comprising:
Claim 1
1
a top sheet;
Claim 1
1
a bottom sheet, a portion of the bottom sheet being connected to a portion of the top sheet along a cavity junction
Claim 1
1
the top sheet and the bottom sheet cooperating to form a first cavity on a first side of the cavity junction and a second cavity on a second side of the cavity junction, the cavity junction separating the first cavity from the second cavity;
Claim 1
1
a first port having a first opening in fluid communication with the first cavity and configured to provide passage of air into the first cavity;
Claim 1
1
a second port having a second opening in fluid communication with the second cavity and configured to provide passage of air into the second cavity;
Claim 1
1
a first port pocket sheet disposed between the top sheet and the bottom sheet;
a first port pocket sheet disposed between the top sheet and the bottom sheet;
1
a second port pocket sheet disposed between the top sheet and the bottom sheet and cooperating with the first port pocket sheet to define a port pocket,
a second port pocket sheet disposed between the top sheet and the bottom sheet and cooperating with the first port pocket sheet to define a port pocket,
1
the port pocket having a port pocket entrance opening in fluid communication with the first port
Claim 1 - and a port pocket having an entrance opening in fluid communication with the first port,
1
the port pocket providing a first selective valve for facilitating passage of air between the first port and the first cavity
Claim 1 - wherein the port pocket acts as a selective valve for allowing the passage of air between the first port and the first cavity;
1
a first passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet
Claim 1 - a passage pocket positioned entirely within the first cavity
a first passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet
1
and a second passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet and cooperating with the first passage pocket sheet to define a passage pocket
and a second passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet and cooperating with the first passage pocket sheet to define a passage pocket
1
the passage pocket overlapping at least a portion of the port pocket, the passage pocket comprising a first passage pocket branch extending along the cavity junction,
Claim 1 - a passage pocket positioned entirely within the first cavity and overlapping at least a portion of the port pocket,
1
the first passage pocket branch having a passage pocket entrance opening in fluid communication with each of the first cavity and the second cavity,
Claim 1 - the passage pocket having an entrance opening in fluid communication with the opening in the cavity junction
1
the passage pocket providing a second selective valve for facilitating passage of air between the second cavity and the first cavity such that passage of air from the second port into the second cavity causes passage of air from the second cavity into the first cavity through the passage pocket.
Claim 10 - and is configured to take on an open configuration when air is being delivered through the second port, to allow air to pass from the second cavity into the first cavity through the passage pocket
3
3. The inflatable device of claim 1, further comprising: a third port having a third opening in fluid communication with the first cavity and configured to provide a third air input for inflating the first cavity; and a fourth port having a fourth opening in fluid communication with the second cavity and configured to provide a fourth air input for inflating the second cavity.
Claim 2-The inflatable device of claim 1, further comprising: a third port having a third opening in fluid communication with the first cavity and configured to provide a third air input for inflating the first cavity; and a fourth port having a fourth opening in fluid communication with the second cavity and configured to provide a fourth air input for inflating the second cavity.
4
4. The inflatable device of claim 1, wherein the port pocket comprises an exit opening for the passage of air from the port pocket to the first cavity.
Claim 4 -The inflatable device of claim 3, wherein the pocket comprises an exit opening for the passage of air from the pocket to the first cavity.
5
5. The inflatable device of claim 1, wherein the port pocket is substantially L-shaped, and comprises a plurality of port pocket branches.
Claim 5- The inflatable device of claim 3, wherein the pocket is substantially L-shaped, and further comprises at least two branches.
6
6. The inflatable device of claim 5, wherein each of the port pocket branches carries an exit opening at a distal end thereof.
Claim 6 - The inflatable device of claim 5, wherein each branch carries an exit opening at a distal end thereof.
7
7. The inflatable device of claim 1, wherein the passage pocket comprises at least one exit opening for the passage of air from the port pocket to the first cavity.
Claim 8 - The inflatable device of claim 7, wherein the passage pocket is substantially L-shaped, and further comprises at least two branches, each branch carrying one of the at least one exit opening at a distal end thereof.
8
8. The inflatable device of claim 7, wherein the passage pocket is substantially L-shaped, and comprises a second passage pocket branch, each of the first passage pocket branch and the second passage pocket branch carry one of the at least one exit opening at a distal end thereof.
Claim 9 - The inflatable device of claim 8, wherein the passage pocket is substantially L-shaped, and further comprises at least two branches, each branch carrying one of the at least one exit opening at a distal end thereof
9
9. The inflatable device of claim 1, wherein the cavity junction comprises a portion where the top sheet and the bottom sheet are unconnected to form a junction opening, the junction opening configured to allow air to flow from the second cavity into the first cavity.
Claim 1 - the cavity junction configured to separate the cavity into a first cavity and a second cavity, and wherein the cavity junction comprises a portion where the top sheet and bottom sheet are unconnected to form an opening configured to allow air flow from the second cavity into the first cavity;
10
10. The inflatable device of claim 9, wherein the passage pocket entrance opening is in fluid communication with the junction opening.
Claim 1 - the passage pocket having an entrance opening in fluid communication with the opening in the cavity junction
Allowable Subject Matter
Claims 18-20 are allowed.
Claim 13 would be allowable if rewritten or amended 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.
Claims 14-17 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.
Claims 2 and 11-12 is 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.
Claims 1 and 3-10 would be allowable with a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1: Perez discloses an inflatable device (mattress 12 of Perez) for transferring or positioning a person on a support surface (mattresses position people on a support surface), the inflatable device comprising: a top sheet (annotated copy of Fig. 5 of Perez); a bottom sheet (annotated copy of Fig. 5 of Perez), a portion of the bottom sheet being connected to a portion of the top sheet along a cavity junction (annotated copy of Fig. 5 of Perez), the top sheet and the bottom sheet cooperating to form a first cavity on a first side of the cavity junction and a second cavity on a second side of the cavity junction, the cavity junction separating the first cavity from the second cavity (annotated copy of Fig. 5 of Perez); a first port (54 of Perez) having a first opening in fluid communication with the first cavity and configured to provide passage of air into the first cavity (see Fig. 5 of Perez); a second port (check valve 150 of Perez) having a second opening (opening at check valve 150 of Perez) in fluid communication with the second cavity (see Fig. 5 of Perez) and configured to provide passage of air into the second cavity (see the flow direction shown in Fig. 5 of Perez) [….] a first passage pocket sheet (sheet 181 as shown in Figs. 8-9 of Perez) disposed within the first cavity and between the top sheet and the bottom sheet (see the location of valve 150 in Fig. 5 and note that valve 150 and 180 have the same structure); and a second passage pocket sheet (sheet 183 as shown in Figs. 8-9 of Perez) disposed within the first cavity and between the top sheet and the bottom sheet (note that valve 150 has the same structure as valve 180; also see Fig. 10 showing a side profile of valve 180 positioned between top and bottom sheets and then see the arraignment of valve 150 in Fig. 5) and cooperating with the first passage pocket sheet to define a passage pocket (sheets 181 and 183 forming valve 180 as shown in Figs. 8-9 of Perez – note that valve 150 has the same structure as valve 180; also see Fig. 10 showing a side profile of valve 180 positioned between top and bottom sheets and then see the arrangement of valve 150 in Fig. 5), [….] the passage pocket comprising a first passage pocket branch (branches of 180 of Perez being the portions which include openings 191 – Fig. 8) extending along the cavity junction (as shown in Fig. 10 of Perez), the first passage pocket branch having a passage pocket entrance opening in fluid communication with each of the first cavity and the second cavity (see Fig. 8 and 10 of Perez showing the openings 191 communicating with the first and second cavities of Perez as annotated in Fig. 5 below), the passage pocket providing a second selective valve for facilitating passage of air between the second cavity and the first cavity (as shown in Figs. 8 and 10 of Perez) [… ].
Perez does not disclose the passage pocket overlapping at least a portion of the port pocket (see Fig. 7 of Perez to show the misalignment of 54 relative to 150), a first port pocket sheet disposed between the top sheet and the bottom sheet; a second port pocket sheet disposed between the top sheet and the bottom sheet and cooperating with the first port pocket sheet to define a port pocket, the port pocket having a port pocket entrance opening in fluid communication with the first port, the port pocket providing a first selective valve for facilitating passage of air between the first port and the first cavity and such that passage of air from the second port into the second cavity causes passage of air from the second cavity into the first cavity through the passage pocket. The details of the port of Perez are limited and it is unclear if the hose fitting could be considered a port pocket formed of top and bottom sheets as claimed. However, one having ordinary skill in the art could reasonably combine Perez with the teachings of Wegner et al. (US Patent No. 4,272,856 – hereinafter Wegner). Wegner teaches a first port pocket sheet (40 of Wegner – Figs. 3-6) disposed between the top sheet and the bottom sheet (12 and 14 of Wegner – Figs. 3-6); a second port pocket sheet (42 of Wegner – Figs. 3-6) disposed between the top sheet and the bottom sheet (12 and 14 of Wegner – Figs. 3-6) and cooperating with the first port pocket sheet to define a port pocket (as shown in Figs. 3-7 of Wegner), the port pocket having a port pocket entrance opening (at edges 40d, 42d of Wegner -Fig. 6) in fluid communication with the first port (as shown in Fig. 6 of Wegner), the port pocket providing a first selective valve for facilitating passage of air between the first port and the first cavity (see the selective valve shown closed in Fig. 5 of Wegner which prevents air from leaving the port and open in Fig. 6 which allows air to flow into the first cavity via the first port).
Although one having ordinary skill in the art would have found it obvious to combine Perez and Wegner by utilizing a port pocket as taught by Wegner to replace the port 54 of Perez, the limitation which requires the passage pocket overlapping at least a portion of the port pocket is not taught or made obvious by Perez or Wegner. Additionally, the overlapping of the pockets has criticality since the overlapping position of the pockets cause the selective valve functioning by preventing or allowing airflow between the first and second cavities or the first cavity and first port depending on where the air output is attached. One would not have been motivated to rearrange the strip 40 of Wegner as applied to Perez to a position overlapping the valve 150 without impermissible hindsight and the combination of Wegner and Perez would not teach such that passage of air from the second port into the second cavity causes passage of air from the second cavity into the first cavity through the passage pocket.
Additionally, see the teachings of Haller in view of Wu and Rigoni in the discussion relating to claim 13 below which teach similar features but also lack the teachings of the passage pocket overlapping at least a portion of the port pocket.
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Regarding Claim 13: Haller discloses a method comprising: placing an inflatable device (inflatable mattress of Haller shown in Figs. 6-7) on a support surface (see at least the abstract of Haller and note that a mattress is for positioning a person on a ground surface); positioning a patient on the inflatable device (see the abstract of Haller which discusses “cradling the person and preventing him from rolling off the mattress” which inherently teaches a step of positioning a patient on the mattress); and coupling an air output (see Col. 2 line 66-68 of Haller which discloses “air chambers 14, 16 and pillow chamber 17 are inflated by blowing air into them” and separate chambers 13, 14, 16, and 17 being individually inflatable) to one of: a first port (control valve 36 of Haller – Fig. 6) of the inflatable device (mattress of Haller), the first port (control valve 36 of Haller) configured to provide air to an entrance opening […] of the inflatable device (see Fig. 6 of Haller), the port pocket acting as a first selective valve for allowing passage of air into a first cavity of the inflatable device (see Col. 2 line 66-68 of Haller which discloses “air chambers 14, 16 and pillow chamber 17 are inflated by blowing air into them”), the first cavity formed by directly connecting a top sheet to a bottom sheet (see at Col. 1, lines 54-57 of Haller which discloses “the mattress includes a pair of superimposed sheets 11,12 which are sealed together to form a body chamber 13, air chambers, 14, 16., and a pillow chamber 17” – this teaching is regarding the embodiment of Fig. 1 but applies to the other embodiments as well) […] the second cavity formed by directly connecting the top sheet to the bottom sheet (seal lines between sections 13 and 14 and 16 shown at least in Figs. 6-7 of Haller), […] or a second port (control valve 27 of Haller – Fig. 7) of the inflatable device (mattress of Haller), the second port configured to provide air to an entrance opening of […] of the inflatable device (see Fig. 6 of Haller and Col. 2 line 66-68 of Haller which discloses “air chambers 14, 16 and pillow chamber 17 are inflated by blowing air into them), [….] the second cavity formed by directly connecting a top sheet to a bottom sheet (see at Col. 1, lines 54-57 of Haller which discloses “the mattress includes a pair of superimposed sheets 11,12 which are sealed together to form a body chamber 13, air chambers, 14, 16., and a pillow chamber 17” – this teaching is regarding the embodiment of Fig. 1 but applies to the other embodiments as well) […] the first cavity formed by directly connecting the top sheet to the bottom sheet (see at Col. 1, lines 54-57 of Haller which discloses “the mattress includes a pair of superimposed sheets 11,12 which are sealed together to form a body chamber 13, air chambers, 14, 16., and a pillow chamber 17” – this teaching is regarding the embodiment of Fig. 1 but applies to the other embodiments as well), […].
Haller does not disclose the first port (control valve 36 of Haller) configured to provide air to an entrance opening of a port pocket, except at a cavity junction where the top sheet is unconnected to the bottom sheet and an opening to a second cavity of the inflatable device is provided, the port pocket overlapping at least a portion of a passage pocket of the inflatable device, the passage pocket acting as a second selective valve for allowing passage of air into the second cavity, the air output inflating the first cavity such that the second cavity is not inflated, the second port configured to provide air to an entrance opening of a passage pocket, the passage pocket acting as a first selective valve for allowing passage of air into a second cavity of the inflatable device, except at a cavity junction where the top sheet is unconnected to the bottom sheet and an opening to a first cavity of the inflatable device is provided, the port pocket acting as a second selective valve for allowing passage of air into the first cavity, the air output inflating the second cavity such that the first cavity is not inflated.
Although Haller does not explicitly disclose the method step of coupling an air output to one of a first port and a second port, Haller does disclose that the “air chambers 14, 16 and pillow chamber 17 are inflated by blowing air into them” (see Col. 2 line 66-68 of Haller). It is apparent from this teaching that an air source would inherently need to be connected to the respective ports associated with the chambers to inflate the chambers thereby making apparent the method of connecting an air output to an air chamber via a first or second port.
However, positioning an inflatable device on a surface and positioning a person or patient on the inflatable device are inherent method steps associated with inflatable supporting products such as Haller and Wu’s mattress (see at least MPEP section 2112.02). Additionally, although Haller does not explicitly disclose first placing a patient onto the inflatable device and then providing inflation, this step would be obvious to try to one having ordinary skill in the art since there are a finite number of steps that one can make when inflating an inflatable product. In other words, either the inflatable product can be inflated before or after positioning of a person on the product. Further, it is old and well known in the art to add air after a person is positioned on the inflatable product to increase pressure (see at least MPEP section 2112.02).
In the same field of endeavor, inflatable supports (see the abstract of Wu), Wu teaches first and second chambers (210 and 211 of Wu) comprising a cavity junction separating the cavities (partition sheet 26 of Wu) comprising an opening configured to allow air to flow from the second cavity to the first cavity (see flexible tube 27 and paragraphs [0020]-[0023] of Wu), a method comprising coupling an air output to one of a first port (port required to be located with device 22 of Wu – Fig. 2), the first port (at 22 of Wu) configured to provide air to [the second cavity] an entrance opening of a port pocket, except at a cavity junction (partition sheet 26 of Wu) where the top sheet is unconnected to the bottom sheet (see flexible tube 27 and paragraphs [0020]-[0023] of Wu) and an opening to a second cavity of the inflatable device is provided (see flexible tube 27 and paragraphs [0020]-[0023] of Wu), [….], the passage pocket (see flexible tube 27 and paragraphs [0020]-[0023] of Wu) acting as a second selective valve for allowing passage of air into the second cavity (see paragraph [0020] of Wu which teaches “The unidirectional air inlet unit includes a flexible tube 27 having one end 271 connected to the through hole 264 so that the flexible tube 27 is hung on the inner partition sheet 26.”), the air output inflating the first cavity such that the second cavity is not inflated (paragraph [0022] of Wu teaches “the unidirectional air inlet unit includes a check valve 27’” and “The second chamber 210 may also be inflated by using an air pump that is connected to the second air valve 24 so as to speed up the inflation process.”) the second port configured to provide air to an entrance opening of […] (see flexible tube 27 and paragraphs [0020]-[0023] of Wu), [….] (paragraph [0024] of Wu teaches “From the aforementioned description, it is apparent that air enters the second chamber 210 through the flexible tube 27. When air is no longer supplied into the first chamber 211, air stops entering the second chamber 210, and the flexible tube 27 droops from the inner partition sheet 26 and lays flat, thereby preventing air from flowing into the first chamber 211 from the second chamber 210”) except at a cavity junction (partition sheet 26 of Wu) where the top sheet is unconnected to the bottom sheet (at flexible tube 27 of Wu) and an opening to a first cavity (211 of Wu) of the inflatable device is provided,
Wu does not disclose the port pocket overlapping at least a portion of a passage pocket of the inflatable device, the port pocket acting as a second selective valve for allowing passage of air into the first cavity, the air output inflating the second cavity such that the first cavity is not inflated.
In the same field of endeavor, patient positioning devices (see the abstract of Rigoni), Rigoni teaches an inflatable device (20 of Rigoni) comprising an inflatable cavity (31 of Rigoni), a port (80 of Rigoni), and a port pocket (85 of Rigoni) having an entrance opening in fluid communication with the first port (opening 86 of Rigoni – Figs. 3-4 of Rigoni; [0111]) wherein the port pocket acts as a selective valve for allowing the passage of air into the first cavity (84 described in paragraph [0111] of Rigoni as being a valve).
Thus it would have been obvious to one having ordinary skill in the art before the time the invention was effectively filed to have substituted the valves of Haller (as modified by Wu) with the selective valve pocket of Rigoni. One would have been motivated to make such a combination because “the valve 84 reduces noise and dispersion of the air during inflation…[and] protect[s] the air output 81 from contact with dire, dust, debris, and other matter that may be present within the cavity” (paragraph [0111] of Rigoni).
However, claim 13 would be allowable if amended to overcome the rejections under 35 U.S.C. 112(b) and the claim objections because none of Haller, Wu or Rigoni disclose or make obvious the port pocket overlapping at least a portion of a passage pocket of the inflatable device, the air output inflating the second cavity such that the first cavity is not inflated. Although one having ordinary skill in the art may find it obvious to reposition the passage pocket of Wu to a different location within the cavity, doing so in a way that would form an overlapping relationship between the passage pocket and port pocket as claimed is not suggested by the prior art. The overlapping arrangement is a critical feature of the invention for controlling airflow through the apparatus and method of using the apparatus and would not be a simple matter of design but would rather require impermissible hindsight.
Claims 14-17 depend on claim 13 and therefore would be allowable if amended to overcome the rejections under 35 U.S.C. 112(b) and the claim objections.
Regarding Claim 18: Perez discloses an inflatable device (mattress assembly of Perez) for transferring or positioning a person on a support surface (mattresses position people on a support surface), comprising: a top sheet(annotated copy of Fig. 5 of Perez); a bottom sheet (annotated copy of Fig. 5 of Perez), a portion of the bottom sheet being connected to a portion of the top sheet along a cavity junction (annotated copy of Fig. 5 of Perez), the top sheet and the bottom sheet cooperating to form a first cavity on a first side of the cavity junction (annotated copy of Fig. 5 of Perez)and a second cavity on a second side of the cavity junction (annotated copy of Fig. 5 of Perez), the cavity junction separating the first cavity from the second cavity (annotated copy of Fig. 5 of Perez); [….] a first port (54 of Perez) having a first opening in fluid communication with the first cavity and configured to provide passage of air into the first cavity (see Fig. 5 of Perez); a second port (check valve 150 of Perez) having a second opening (opening at check valve 150 of Perez) in fluid communication with the second cavity and configured to provide passage of air into the second cavity (see Fig. 5 of Perez); […] a first passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet (sheet 181 forming valve 180 as shown in Figs. 8-9 of Perez – note that valve 150 has the same structure as valve 180; also see Fig. 10 showing a side profile of valve 180 positioned between top and bottom sheets and then see the arrangement of valve 150 in Fig. 5); and a second passage pocket sheet disposed within the first cavity and between the top sheet and the bottom sheet and cooperating with the first passage pocket sheet to define a passage pocket (sheet 183 forming valve 180 as shown in Figs. 8-9 of Perez – note that valve 150 has the same structure as valve 180; also see Fig. 10 showing a side profile of valve 180 positioned between top and bottom sheets and then see the arrangement of valve 150 in Fig. 5), […], the passage pocket comprising a passage branch (sides of valve 150 of Perez at openings 191 being considered branches) extending along the cavity junction (Fig. 10 of Perez), the passage branch having a passage pocket entrance opening in fluid communication with the first cavity (see Fig. 8 and 10 of Perez showing the openings 191 communicating with the first and second cavities of Perez as annotated in Fig. 5 below), the passage pocket providing a second selective valve for facilitating passage of air between the second cavity and the first cavity (as shown in Figs. 8 and 10 of Perez) such that passage of air from the second port into the second cavity causes passage of air from the second cavity into the first cavity through the passage pocket (as shown in Figs. 8 and 10 of Perez),
Perez does not disclose at least one inflation-limiting member positioned in the first cavity and configured to shape the inflatable device; a first port pocket sheet disposed between the top sheet and the bottom sheet; a second port pocket sheet disposed between the top sheet and the bottom sheet and cooperating with the first port pocket sheet to define a port pocket, the port pocket having a port pocket entrance opening in fluid communication with the first port and a first port branch and a second port branch extending away from the port pocket entrance opening, the port pocket providing a first selective valve for facilitating passage of air between the first port and the first cavity; the passage pocket overlapping at least one of the first port branch or the second port branch, and impedes passage of air from the first cavity through the first port.
The details of the port of Perez are limited and it is unclear if the hose fitting could be considered a port pocket formed of top and bottom sheets as claimed. However, one having ordinary skill in the art could reasonably combine Perez with the teachings of Wegner et al. (US Patent No. 4,272,856 – hereinafter Wegner). Wegner teaches a first port pocket sheet (40 of Wegner – Figs. 3-6) disposed between the top sheet and the bottom sheet (12 and 14 of Wegner – Figs. 3-6); a second port pocket sheet (42 of Wegner – Figs. 3-6) disposed between the top sheet and the bottom sheet (12 and 14 of Wegner – Figs. 3-6) and cooperating with the first port pocket sheet to define a port pocket (as shown in Figs. 3-7 of Wegner), the port pocket having a port pocket entrance opening (at edges 40d, 42d of Wegner -Fig. 6) in fluid communication with the first port (as shown in Fig. 6 of Wegner), the port pocket providing a first selective valve for facilitating passage of air between the first port and the first cavity (see the selective valve shown closed in Fig. 5 of Wegner which prevents air from leaving the port and open in Fig. 6 which allows air to flow into the first cavity via the first port).
Perez and Wegner do not disclose or make obvious a first port branch and a second port branch extending away from the port pocket entrance opening.
Although one having ordinary skill in the art would have found it obvious to combine Perez and Wegner by utilizing a port pocket as taught by Wegner to replace the port 54 of Perez, the limitation which requires the port pocket having a first port branch and a second port branch extending away from the port pocket entrance opening and the passage pocket overlapping at least one of the first port branch or the second port branch, and impedes passage of air from the first cavity through the first port is not taught or made obvious by Perez or Wegner. Additionally, the overlapping of the pockets has criticality since the overlapping position of the pockets cause the selective valve functioning by preventing or allowing airflow between the first and second cavities or the first cavity and first port depending on where the air output is attached. One would not have been motivated to rearrange the strip 40 of Wegner with an additional branch as applied to Perez to a position overlapping the valve 150 without impermissible hindsight.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 6,073,291 to Davis is cited for teaching port socks used in inflatable medical patient transfer apparatuses.
US Patent No. 6,129,491 to Duursma et al. is cited for teaching a pressure limiting valve.
US Patent No. 6,775,868 to Mileti et al. is cited for teaching pocketed valves formed of a sheet.
US PG Pub. No. 2018/0200130 to Liu is cited for teaching inflatable valves which overlap to selectively control airflow. Liu teaches overlapping valves but would not be reasonable to combine with the teachings of Perez or Haller to meet the limitations of the claimed invention. Liu’s invention utilities first and second valves overlapping to enable a dual or single output connection for inflation. If a single output is connected then the valve will press onto the other valve to prevent airflow in the second valve. If both outputs are connected then both valves inflate together. The invention of Liu does can not be used for teaching both a port pocket and a passage pocket as claimed.
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/AMANDA L BAILEY/Examiner, Art Unit 3673