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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 appears to contain a typographical error where it recites “portions of the folded-back gores covering the front side of the intermediate member is interposed…” in lines 13-14. For purposes of examination, this limitation is interpreted as “portions of the folded-back gores covering the front side of the intermediate member are interposed…” 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 1-8 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 front side” in line 10. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required. Claims 2-8 fail to cure the deficiency.
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.
Claims 1, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Dutton (US 1289703 A).
Regarding Claim 1, Dutton discloses a flight craft comprising:
an intermediate member (annular ring 3, lines 48-52, examiner notes this ring is depicted in Fig. 2 as secured to 1 via fastener 4), which has an annular shape in a plan view (“annular ring 3”, lines 48-52) and has a flat cross-sectional shape when cut along a plane that includes a straight line in a direction of the plan view (Fig. 2);
a gore (5, Fig. 2), which extends from an outer side to an inner side of the intermediate member in the plan view (lines 54-58, and Fig. 2, 5 extends from outer side of ring to inner side of ring), passes through an inner opening of the intermediate member (Fig. 2), is folded back (Fig. 2), and then extends from the inner side to the outer side of the intermediate member in the plan view (lines 54-58 and Fig. 2);
where the front side is defined as a side facing outward in the plan view (top of Fig. 2, for example), and a rear side is defined as a side opposite to the front side (bottom of Fig. 2, for example),
a front side member (plate 1, Fig. 2), which is positioned on the front side of the intermediate member such that portions of the folded-back gore covering the front side of the intermediate member is interposed between the front side member and the intermediate member (Fig. 2);
a rear side member (8, Fig. 2) that is positioned on the rear side of the intermediate member (Fig. 2) such that portions of the folded-back gores covering the rear side of the intermediate member are interposed between the rear side member and the intermediate member (Fig. 2); and
a tightening mechanism (4, 10, 11, and 12, Fig. 2) that tightens the front side member and the rear side member in a direction that brings them closer to each other (Fig. 2) to clamp the intermediate member and the folded-back gores therebetween (ring and 5 are clamped between 1 and 8, Fig. 2) such that the portions of the folded-back gore covering the front side of the intermediate member are clamped between the front side member and the intermediate member (Fig. 2) and the portions of the folded-back gore covering the rear side of the intermediate member are clamped between the rear side member and the intermediate member (Fig. 2).
Dutton does not specifically disclose a plurality of gores, and instead discloses “material 5 from which the balloon is constructed” (lines 54-55).
However, it would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to modify Dutton’s gore to be a plurality of gores, for ease of manufacturing large envelopes or different shape envelopes, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding Claim 6, modified Dutton teaches the flight craft according to Claim 1, wherein: a shape of the intermediate member in the plan view is circular (Figs. 1-2 and “annular ring 3”, lines 48-52).
Regarding Claim 8, modified Dutton teaches the flight craft according to Claim 1, further comprising:
a cushioning member arranged to cover at least one of an inner edge of the intermediate member, an outer edge of the intermediate member, an outer edge of the front side member, and an outer edge of the rear side member (packing 13 is arranged to cover an inner edge of the intermediate member, Fig. 2).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dutton as applied above, and further in view of Kennan et al. (US 20210053667 A1), hereafter Kennan.
Regarding Claim 7, Dutton discloses the flight craft according to Claim 1.
Dutton is silent about wherein at least one of an inner edge of the intermediate member, an outer edge of the intermediate member, an outer edge of the front side member, and an outer edge of the rear side member is chamfered.
Kennan teaches employing a chamfered edge on a member in contact with an envelope material (para. [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the chamfered edge as taught by Kennan, with at least one of an inner edge of the intermediate member, an outer edge of the intermediate member, an outer edge of the front side member, and an outer edge of the rear side member of Dutton, with a reasonable expectation of success, in order to avoid snagging or catching on the envelope material (Kenna, para. [0032]).
Allowable Subject Matter
Claims 2-5 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. The following is a statement of reasons for the indication of allowable subject matter:
The prior arts of record, individually or in combination, do not disclose or render obvious the combined limitations of Claim 2. The closest prior art of record is Dutton (US 1289703 A). While Dutton teaches a rear side sealing member (13, Fig. 2), Dutton is silent about a front side sealing member, which is annular and is positioned between the front side member and the intermediate member such that it is covered by the gores which are folded back, and is arranged to be in contact with an entire circumference of the intermediate member which is annular. While Dutton does teach a front side sealing member (packing 7, Fig. 2), Dutton’s front side sealing member is positioned between the front side member and the rear side member, not the front side member and the intermediate member as required by claim 2. Additionally, Dutton’s front side sealing member is not covered by the gores which are folded back, and it would not be obvious to combine or modify the prior arts of record to teach the invention as claimed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ANNA L. GORDON/Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642