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 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.
Claim 5 is 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 5 recites the limitation "said angle of deviation" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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 1-7, 10, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Danieli et al. (U.S. 2020/0360875).
Regarding claim 1, Danieli et al. teaches a cap 10 (shown in figure 1) for a gas canister 46, comprising a main body (shown at lead line 12; portion of 12 below 34; figure 1) provided with at least one hole at 15, characterized in that the cap 10 comprises an appendix (portion of 12 above 34) which protrudes from the main body (lower portion of 12), said appendix (portion of 12 above 34) being provided with a deviation surface (a deviation surface shown in 38, 39, and a second deviation surface at 16) which is arranged facing said at least one hole (facing 15; figure 1) so as to deflect a fluid exiting said at least one hole.
Regarding claim 2, a terminal portion of said at least one hole 15 extends along an axis (longitudinal axis), said deviation surface being inclined (at 40 and 16) at an angle of deviation relative to said axis (figure 1).
Regarding claim 3, said deviation surface 16 is arranged at a terminal end of the appendix (upper end; figure 1).
Regarding claim 4, the appendix (portion of 12 above 34) comprises at least one stem (upper portion of 12 which receives 18) protruding from a top surface of the main body, the deviation surface 16 being arranged at a terminal end of said at least one stem (upper end of stem).
Regarding claim 5, the deviation surface at 38 consists of an elongated element 38 lying on a plane, said plane being inclined of said angle of deviation with respect to the axis (figure 1).
Regarding claim 6, said deviation surface (of 38) is spaced apart from said at least one hole 15 (figure 1).
Regarding claim 7, the deviation surface (of 38 and 16) is inclined at an angle of deviation between 30° and 90° (90 degrees; figure 1).
Regarding claim 10, the embodiment in figure 5A teaches a main body at 10 provided with a plurality of holes 16, each hole 16 of said plurality being arranged along a perimetral portion of the main body 10 (see figures 5A and 5B).
Regarding claim 15, the deviation surface is inclined at an angle of deviation between 50° and 90° (90 degrees; figure 1).
Regarding claim 16, the deviation surface is inclined at an angle of deviation between 70° and 90° (90 degrees; figure 1).
Claims 1 and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khare et al. (U.S. 2020/0393056).
Regarding claim 1, Khare et al. teaches a cap 100 (shown in figure 3A) for a gas canister 110, comprising a main body (shown at lead line 140b; figure 3A) provided with at least one hole 160b, characterized in that the cap 100 comprises an appendix 200 which protrudes from the main body, said appendix 200 being provided with a deviation surface 290b which is arranged facing said at least one hole 160b, so as to deflect a fluid exiting said at least one hole (figure 3A).
Regarding claim 10, main body at 100 provided with a plurality of holes 160b, each hole 160b of said plurality being arranged along a perimetral portion of the main body at 140b (see figure 3A).
Regarding claim 11, the holes of 160b of said plurality have their respective longitudinal axes
parallel to each other (figure 3A) and parallel to a longitudinal axis (figure 3A) of the main body.
Regarding claim 12, the holes of said plurality 160b are arranged along a circular line (about 170b), said holes being equally spaced from each other (paragraph [0037]).
Regarding claim 13, Khare et al. teaches an assembly comprising a gas canister 110 designed to be connected to an inflatable bag 120 of a personal protection device 120 for moving the inflatable bag from a deflated status into an inflated status (paragraph [0004]), said gas canister 110 comprising a terminal end (figure 3B) provided with an outlet valve 200 through which the inflation fluid of the inflatable bag stored inside the gas canister is expelled, a cap 100 comprising a main body provided with at least one hole 160b, characterized in that the cap 100 comprises an appendix at 370 which protrudes from the main body, said appendix being provided with a deviation surface (surfaces of 370) which is arranged facing said at least one hole 160b so as to deflect a fluid exiting said at least one hole (figure 3B), the cap fastened to the gas canister (figure 3B) so as to enclose said terminal end at 340 characterized in that the cap 100 is fastened to the gas canister 110 by arranging the axis of said at least one hole 160b parallel to a longitudinal axis of the gas canister 110.
Regarding claim 14, Khare et al. teaches a personal protection device 120, 110, 100 comprising an inflatable bag 120 designed to move between a rest condition, wherein it is in a deflated status and an operating condition (paragraph [0004]), wherein it is in an inflated status and an assembly comprising a gas canister 110 designed to be connected to an inflatable bag of a personal protection device for moving the inflatable bag from a deflated status into an inflated status (figure 2), said gas canister 110 comprising a terminal end (shown in figure 3B) provided with an outlet valve 200 through which the inflation fluid of the inflatable bag stored inside the gas canister is expelled, a cap 100 comprising a main body provided with at least one hole 160b, characterized in that the cap 100 comprises an appendix at 370 which protrudes from the main body (figure 3B), said appendix at 370 being provided with a deviation surface (lower surfaces of 370) which is arranged facing said at least one hole 160b (figure 3B) as to deflect a fluid exiting said at least one hole, the cap 100 fastened to the gas canister 110 so as to enclose at 340 said terminal end, characterized in that the cap 100 is fastened to the gas canister 110 by arranging the axis of said at least one hole 160b parallel to a longitudinal axis of the gas canister (both vertically extending), the cap 100 of said assembly being fastened at an opening ] of the inflatable bag 120 (figure 3B).
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.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Danieli et al. (U.S. 2020/0360875) in view of Hollars et al. (U.S. 7,703,640).
Regarding claim 8, Danieli et al. discloses the claimed invention except for the internal cavity which is configured to house a terminal end of the gas canister. Hollars et al. teaches that it is known to provide a cap with an internal cavity (see figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the cap of Danieli et al. with the internal cavity which is configured to house a terminal end of the gas canister, as taught by Hollars et al., in order to provide an attachment mechanism to engage with a canister having external attachment mechanisms.
Regarding claim 9, said at least one hole 15 is arranged on the main body (figure 3A) so as to put in fluid communication the internal cavity with an external portion of the cap (figure 3A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the deviation surface.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
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