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
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) 9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ellis (US 4,092,750).
Regarding Claim 9, Ellis discloses a method for manufacturing an inflatable product, comprising following steps:
S1, welding (see Col. 6, Lines 34-37) upper and lower ends of a plurality of baffles (78) onto a first layer (72) and a second layer (74) separately, so that a plurality of first tubular cavities (70) are formed (see Fig. 6);
S2, inserting a composite material (86) into the first tubular cavities and ensuring that a reflective layer (88) is horizontal (see Fig. 13);
S3, melting a coating on an inner wall of each first tubular cavity by applying heat externally to the first layer , and welding an upper end of the composite material to the first layer (via 78, see Col. 6, Lines 34-37); and melting the coating on the inner wall of each first tubular cavity by applying heat externally to the second layer , and welding a lower end of the composite material to the second layer (see Col. 4, Lines 10-20 and Col. 6, Lines 34-37); and
S4, welding an edge of the first layer and an edge of the second layer together (via sidewall 76, see Col. 6, Lines 34-37).
Regarding Claim 10, Ernst discloses wherein before step S1, the method further comprises step S0, adhering a filling material (44) to the reflective layer (88) to form the composite material (86). Ernst states in Col. 6, Lines 32-34 that baffles 86 are formed as described and shown in Figs. 9 and 10. Fig. 10 shows a reflective metallic layer 46 with a woven fabric 44 adhered to it (see Col. 4, Lines 25-34).
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.
Claim(s) 1-8 and 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshifusa (US 2016/0058218) in view of Ernst (DE 102015002679).
Regarding Claim 1, Yoshifusa discloses an inflatable structure (see Fig. 1), comprising a first layer and a second layer (see annotated Fig. 1 below) , wherein a plurality of baffles (18) are arranged between the first layer and the second layer, and a first tubular cavity (7) is formed between the first layer and the second layer by two adjacent baffles, wherein a composite material (2 or 3) is arranged within the first tubular cavity, and the composite material a reflective layer (2 or 3, see para. [0056]) is arranged between two adjacent filling materials (air), an upper end of the composite material is connected to the first layer, and a lower end of the composite material is connected to the second layer. Yoshifusa fails to disclose a plurality of filling materials which are sequentially stacked from top to bottom. Ernst teaches a plurality of filling materials (1.1.1-1.13) which are sequentially stacked from top to bottom within an air cushion (see Abb.2). Yoshifusa and Ernst are analogous art because they are from the same field of endeavor, i.e. inflatable structures. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the air cells of Yoshifusa with the filling materials of Ernst. The motivation would have been to provide additional insulation, thus providing further warmth against a cold ground surface.
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Regarding Claims 2 and 11, Yoshifusa fails to disclose wherein a material of the first layer , the second layer , and the baffles comprises one of a textile with a PVC coating, a textile with a TPU coating, a PVC film, and a TPU film. Yoshifusa discloses a LLDPE plastic film used in conjunction with nylon (see para. [0054]). Examiner takes Official Notice that a textile with a PVC coating, a textile with a TPU coating, a PVC film, and a TPU film are all well-known within the art. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the material of the first layer , the second layer , and the baffles comprises one of a textile with a PVC coating, a textile with a TPU coating, a PVC film, and a TPU film, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claims 3 and 12, Yoshifusa as modified teaches wherein each filling material is a hollow fiber cotton (Ernst: see “synthetic cotton” in English translation) .
Regarding Claims 4 and 13, Yoshifusa discloses wherein the reflective layer is a PET film coated with aluminum or an aluminum foil (see para. [0056]); and each filling material is adhered to the reflective layer (product-by-process). “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” [citations omitted] See MPEP 2113.
Regarding Claim 5 and 14, Yoshifusa discloses wherein an edge of the first layer is connected to an edge of the second layer (see Fig. 4); a connecting cavity (8 and 11) in communication with the first tubular cavity is formed on both ends in a length direction of the first tubular cavity ; and a second tubular cavity is formed on both sides in the length direction of the first tubular cavity (see Fig. 2).
Regarding Claim 6 and 15, Yoshifusa discloses wherein the second tubular cavity is provided therein with the composite material (see Fig. 2).
Regarding Claim 7, Yoshifusa discloses An inflatable product, comprising the inflatable structure according to claim 1 (See Fig. 1).
Regarding Claim 8, Yoshifusa discloses an air nozzle (9) , wherein the air nozzle is arranged on the first layer or the second layer , and the air nozzle is communicated with the connecting cavity (see Fig. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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/ERIC J KURILLA/ Primary Examiner, Art Unit 3619