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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: in lines 11, 14,17,33,36-37; the limitation, “…the inflatable device…” should read, “…at least one inflatable device…” Appropriate correction is required.
Claim 5 is objected to because of the following informalities: the limitation, “…its” ... should be replaced with the structure to which Applicant is seeking patent protection. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: in line 4; the limitation, “…the inflatable device…” should read, “…at least one inflatable device…” Appropriate correction is required.
Claim 39 is objected to because of the following informalities: in line 2; the limitation, “…the inflatable device…” should read, “…at least one inflatable device…” Appropriate correction is required.
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 1-2, 5-8, 14-19, 27, 30-31, 35-36, 39-40 and 42 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 1 recites the limitation "the surface" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the water" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the amount of gas" in line 37 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the creation of a pressure differential" in lines 38-39 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the supply system" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 42 recites the limitation "the water surface" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 5-8, 14-15, 17-19, 27, 30-31, 35-36, 39-40 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 since they depend directly or indirectly on rejected base claim 1 and therefore, contain the same deficiencies.
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.
Claim(s) 1-2, 6, 17-18 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walck U.S. Publication No. (2012/0128425 A1).
With respect to claim 1, Walck discloses a portable stabilisation system capable or able to adjust a depth position of at least one diver in an underwater environment with respect to the surface of the water [0039], the systemair connection 11], at least one respiratory gas supply source [0029, inflator hose assembly 9; Inflator hose assembly 9 operates by known means and provides the diver with a means of adding or removing air from bladder 8 using push button valves 9A or 9B, respectively, or adding air by blowing into mouthpiece 9C], at least one inflatable device [0029, bladder 8], and at least one respiratory device configured to enable the diver to breathe respiratory gas from the respiratory gas supply source [0029], wherein the system is configured to alternate between:
- an inflation configuration in which, the inflatable device (bladder 8) is configured to be inflated, at least in part, so as to reduce the depth position of the diver [0040];
- regulation configuration via controller [0039] in which, the inflatable device (bladder 8) is configured to inject or extract gas via input valve (12) and evacuation means (6) via connection (6B) and [0028] so as to maintain the depth position of the diver, and
- a deflation configuration via controller [0039] in which, the inflatable device is configured to be deflated, automatically at least in part, so as to increase the depth position of the diver,
and in that the system comprises:
- an automatic controller configured to automatically switch the configuration of the system between any one of the inflation, regulation and deflation configurations, the automatic control device comprising an electronic module (electronic module 3) and depth sensor (4) and input valve (12) and evacuation means (6) via connection (6B) configured to assess the depth position of the diver and a control module configured to receive at least one depth data from the electronic module and to determine a control command at least from said depth data [0026], [0028]-[0029] and [0039] and [0044], and
- a switch device (push button valves 9A or 9B) ad [0029] and [0039, “Hold” button] and [0042, "Up" or "Down" button on the control unit] configured to cooperate with the automatic control device so as to switch the configuration of the system according to at least said control command, the switch device comprising at least:
- a pressurised gas primary inlet (11) configured to cooperate with the pressurised gas supply source,
- a pressurised gas primary outlet (5) configured to cooperate with the inflatable device so as to inflate the inflatable device when the system is in the inflation configuration,
- a discharge module [0029 valves 9A or 9B) configured to cooperate with the inflatable device so as to reduce the amount of gas contained in the inflatable device when the system is in the deflation configuration by the creation of a pressure differential.
With respect to claim 2, Walck discloses the pressurised gas supply source and the respiratory gas supply source form one and the same pressurised respiratory gas supply source [0029].
With respect to claim 6, Walck discloses the discharge module comprises a suction module configured to cooperate with the pressurised gas supply source and with the inflatable device so as to reduce the amount of gas contained in the inflatable device when the system is in the deflation configuration, and wherein the pressure differential is generated by the suction module [0015].
With respect to claim 17, Walck discloses a manual control device [0029, push button] and [0042, if the diver wishes to change his depth set point beyond the range allowed by the controller, he presses either the "Up" or "Down" button on the control unit] configured to manually switch the configuration of the system between any one of the inflation configurations, regulation and deflation.
With respect to claim 18, Walck discloses the automatic control device and the manual control device are physically secured to one another [0042, if the diver wishes to change his depth set point beyond the range allowed by the controller, he presses either the "Up" or "Down" button on the control unit].
With respect to claim 40, Walck discloses the inflatable device comprises a stabilisation vest worn by the diver [0015] and [0035].
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.
Claim(s) 14-15 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Walck.
With respect to claim 14, Walck substantially discloses the invention as claimed except the electronic module is immersed in a sealed material. Walck however, teaches in [0034, bladder 8 surrounded by protective fabric 24 is behind the diver. Bladder 8 surrounded by fabric 24]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the electronic module by incorporating a sealed material to which the electronic module is immersed for shielding or protecting the electronic module from damage.
With respect to claim 15, Walck substantially discloses the invention as claimed except the control module is immersed in a sealed material. Walck however, teaches in [0034, bladder 8 surrounded by protective fabric 24 is behind the diver. Bladder 8 surrounded by fabric 24]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the control module by incorporating a sealed material to which the control module is immersed for shielding or protecting the electronic module from damage.
With respect to claim 39, Walck substantially discloses the invention as claimed except the automatic control device is immersed in a sealed material. Walck however, teaches in [0034, bladder 8 surrounded by protective fabric 24 is behind the diver. Bladder 8 surrounded by fabric 24]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the automatic control device by incorporating a sealed material to which the automatic control device is immersed for shielding or protecting the electronic module from damage.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Walck as applied to claim 1 above, and further in view of Anonsen U.S. Patent No. (7,083,362 B1).
With respect to claim 16, Walck substantially discloses the invention as claimed except at least one safety valve configured to alternatively enable and interrupt the supply of the system with pressurised gas.
Anonsen however, teaches an in-line device that improves safety and ease of use associated with a scuba diving buoyancy compensation device (BCD). Specifically, a rotational coupling and associated valves are provided to assist in closing the air passageway without physically disconnecting the air hose from the BCD for a diver in case of an emergency and may be utilized together with or independently from currently commercially available air hose configurations and is described as an improved buoyancy compensator coupling device (BCCD (abstract) comprising an improved safety valve system located in the air supply line to the power inflator and allows for either removeably disconnecting the air supply from the power inflator by use of a combination of a valve and rotational coupling or allowing the supply line to the BCD to remain connected but closed ([Col.4], lines 35-41).
In view of the teachings of Anonsen, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of Walck by incorporating at least one safety valve configured to alternatively enable and interrupt the supply of the system with pressurised gas in order to be able to either disconnect the air supply from the BCD in an emergency situation in a safe and efficient manner or to control the air passage way such that even if the hose is not connected, the effect is the same.
Claim(s) 30 is rejected under 35 U.S.C. 103 as being unpatentable over Walck as applied to claim 1 above, and further in view of Hulbert U.S. Publication No. (2018/0001980 A1).
With respect to claim 30, Walck substantially discloses the invention as claimed except a respiratory sensor configured to enable assessment of the respiratory rate of the diver, the control module being configured to determine the control instruction also according to the assessment of the respiratory rate of the diver.
Hulbert however, teaches a safety system for underwater diving includes a biological sensor for detecting a diver in distress, an alarm system, and a rescue deployment system (abstract) wherein the safety system comprises sensors (104) in communication with controller (106, as shown in fig.2); para [0069, the system may include other types of sensors to detect parameter values consistent with other serious diver conditions. For example, a parameter value corresponding to stopped heart (i.e., no pulse) or a weak or low-rate heartbeat (i.e., a weak or low pulse) is consistent with a heart attack. A parameter value corresponding to blood with a low-oxygen content is consistent with a diver who with a respiration issue (e.g., drowning or carbon monoxide poisoning). Parameter values consistent with diver at substantial depth that fails to ascend when her tank pressure runs very low is consistent with a diver who is unable to focus mentally (and who may run out of breathable gas (e.g., air) before she can safely return to the surface). It is contemplated that the system 100 can use a wide range of biological and equipment sensors configured to be in communication with the controller 106].
In view of the teachings of Hulbert, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Walck by incorporating a respiratory sensor configured to enable assessment of the respiratory rate of the diver, the control module being configured to determine the control instruction also according to the assessment of the respiratory rate of the diver in order to monitor the breathing condition of the diver.
Allowable Subject Matter
Claims 5, 7-8, 19, 27, 31, 35-36 and 42 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The closest prior art drawn to Walck fails to show or make obvious the claimed combinations of elements particularly the limitations as set forth in dependent claims 5, 7-8, 19, 27, 31, 35-36 and 42 which recite features not taught or suggested by the prior art drawn to Walck, in combination with the other elements (or steps) of the apparatus and method recited in the claims.
Conclusion
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/OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786
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