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 § 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.
Claims 1-6, 9-11, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szilagyi (US 5,299,524).
Regarding claim 1, Szilagyi discloses an inflatable boat (10) comprising:
a base comprising a first side portion, a second side portion, and a central portion (floor 16 with sides and a central portion);
a first inflatable tube comprising a first tube segment and having a first end portion and a second end portion thereof (12); and
a second inflatable tube comprising a second tube segment having a first end portion and a second end portion thereof (14), wherein:
the first tube segment is connected to the first side portion of the base (see Fig. 5; the office notes the connection is also evidenced by the floor 16 which connects the two inflatable tubes 12 and 14; col. 2, line 48);
the second tube segment is connected to the second side portion of the base (again Fig. 5 and col. 2, ln. 48);
the first end portion of the first inflatable tube is connected to the first end portion of the second inflatable tube base (@18 and @20; Figs. 1-2; “pointed together in the shape of a crescent”); and
the second end portion of the first inflatable tube is connected to the second end portion of the second inflatable tube ((@18 and @20; Figs. 1-2; “pointed together in the shape of a crescent”).
Regarding claim 2, Szilagyi discloses the inflatable boat according to claim 1, wherein:
the first inflatable tube and the second inflatable tube respectively include a first air chamber and a second air chamber (col. 2 , ln. 59: Inflatable tubes, 12 and 14, are made by welding together two identically shaped panels of a plastic material into a tube which has a sealable airtight internal cavity. Referring to FIG. 2, inflatable tubes, 12 and 14, include sealable ports, 13 and 15, through which pressurized air can be injected for inflating the tube);
walls of the first air chamber include the first tube segment and the first side portion; and walls of the second air chamber include the second tube segment and the second side portion (best depicted in at least Figs. 2 and 5).
Regarding claim 3, Szilagyi discloses the inflatable boat according to claim 1, wherein:
the inflatable boat further comprises a first spacer and a second spacer (The office notes the area where the vertical tips are pointed together comprise a spacer, i.e., a common wall of the first air chamber and the second air chamber where the tips touch at a specified angle; specifically points 18 and 20, Fig. 1; see also col. 3, lns. 35-54);
the first spacer is arranged at a position where the first end portion of the first inflatable tube is connected to the first end portion of the second inflatable tube (18, Fig. 1); and
the second spacer is arranged at a position where the second end portion of the first inflatable tube is connected to the second end portion of the second inflatable tube (20, Fig. 1).
Regarding claim 4, Szilagyi discloses the inflatable boat according to claim 3, wherein:
the first tube segment further comprises a first top segment and a first side segment, and the first top segment of the first tube segment and the first side segment of the first tube segment are connected to the first side portion of the base to form the first inflatable tube (Fig. 5; col. 3, line 19: The vinyl panels are cut in the shape of a cross-section of the inflatable tubes, 12 and 14, which is taken through the plane of the inflatable tube that includes the long axis of the inflatable tube and also includes the two end points of the inflatable tube. Nevertheless, the vinyl panels for the inflatable tubes are somewhat wider than the inflated diameter of the inflatable tubes to account for the curvature of the tubes when inflated. The vinyl tube panels are cut from a pattern having the appropriate shape and dimensions. The two vinyl panels are then welded together to form an inflatable tube using a "Vinyl Welder" machine which is especially made for welding plastic materials; col. 3, ln. 65: The vinyl panel for the floor 16 is welded to the bottoms of the inflatable tubes, 12 and 14, using the same welding technique that is used to weld the inflatable tubes); and
the second tube segment further comprises a second top segment and a second side segment, and the second top segment of the second tube segment and the second side segment of the second tube segment are connected to the second side portion of the base to form the second inflatable tube (Fig. 5; col. 3, beginning line 19, see also line 65; each reproduced in the above limitation).
Regarding claim 5, Szilagyi discloses the inflatable boat according to claim 4, wherein an outer peripheral edge of the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment, and the base (see 18, Figs. 1 and 2).
Regarding claim 6, Szilagyi discloses the inflatable boat according to claim 5, wherein the first spacer forms a common wall between the first inflatable tube and the second inflatable tube (see 18, Figs. 1-2),
the common wall formed by the first spacer preventing fluid communication between the first inflatable tube and the second inflatable tube (18, Fig. 1).
Regarding claim 9, Szilagyi discloses the inflatable boat according to claim 1, wherein the base is formed from a single continuous piece of flexible material (col. 3, ln. 55: A vinyl panel is cut to form the floor 16 between the two inflatable tubes 12 and 14. In particular, the floor 16 is made from the same vinyl material that is used for the inflatable tubes, 12 and 14. The floor 16 is cut to fit between the mid-lines of the bottoms of each of the two inflatable tubes, 12 and 14, and runs the length of the inflatable tubes. A pattern is created for the floor 16 just like for the panels used to make the inflatable tubes, 12 and 14. The floor 16 is the same length as the inflatable tubes, 12 and 14, and ranges from about 22 to 30 inches wide at the widest point of the inflatable kayak. The vinyl panel for the floor 16 is welded to the bottoms of the inflatable tubes, 12 and 14, using the same welding technique that is used to weld the inflatable tubes).
Regarding claim 10, Szilagyi discloses the inflatable boat according to claim 4, wherein the inflatable boat further comprises a hatch cover sheet connected to the first inflatable tube and the second inflatable tube so as to form a covered cavity with: the first inflatable tube, the second inflatable tube, and the central portion of the base (end covers 38, Figs. 1-2).
Regarding claim 11, Szilagyi discloses the inflatable boat according to claim 10, wherein two side edges of the hatch cover sheet are respectively connected to the first top segment of the first tube segment and the second top segment of the second tube segment (col. 4, line 38: the inflatable kayak 10 additionally includes end covers 38 which cover the points of the inflatable tubes 12 and 14 at either end of the kayak. The end covers 38 provide structural support for the inflatable kayak 10 by holding the inflatable tubes, 12 and 14, together. In addition, the end covers 38 help to prevent water from entering the kayak at the ends. Each end cover 38 is made from a single piece of the same vinyl used in the inflatable tubes, 12 and 14, and is welded to form the cover).
Regarding claim 15, Szilagyi discloses the inflatable boat according to claim 4, wherein the first top segment of the first tube segment and the second top segment of the second tube segment are each of an arcuate-shaped structure (Fig. 5; col. 6, ln. 27: The shape and geometry of the hull, as described above, is primarily determined by the shape of the inflatable tubes, 12 and 14, when inflated. In particular, the vinyl panels used to make the inflatable tubes, 12 and 14, are patterned to have a flat middle section and curved end sections corresponding to the desired shape of the hull of the kayak, i.e., arcuate).
Regarding claim 16, Szilagyi discloses the inflatable boat according to claim 1, wherein the inflatable boat comprises a material including a TPU composite material (end of col. 2 and beginning of col. 3: The plastic material used for making the inflatable tubes, 12 and 14, must be strong and pliable and resistant to abrasion and tearing. Preferably, a high quality vinyl material having a weight of 32 ozs/yd.sup.2 is used for constructing the inflatable tubes. The remaining portions of the inflatable kayak such as the floor 16 are also made from the same plastic material It should be appreciated that other plastic materials could be used to make the inflatable kayak of the present invention so long as that plastic material had sufficient toughness and flexibility; The Office notes high quality vinyl materials having a weight of 32 ozs/yd.sup.2 are commonly reinforced vinyl unless otherwise stated to be unreinforced).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-7, 10-11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Szilagyi, as applied to claim 1, and further in view of Cuisset et al.(US 7,467,496 B1), hereinafter Cuisset.
Regarding claim 3, Szilagyi discloses the inflatable boat according to claim 1, wherein the inflatable boat comprises:
a position where the first end portion of the first inflatable tube is connected to the first end portion of the second inflatable tube (18, Fig. 1); and
a position where the second end portion of the first inflatable tube is connected to the second end portion of the second inflatable tube (20, Fig. 1); but
a first spacer and a second spacer, the first spacer arranged at the position where the first end portion of the first inflatable tube is connected to the first end portion of the second inflatable tube (i.e., the connection joint) and the second spacer arranged at the position where the second end portion of the first inflatable tube is connected to the second end portion of the second inflatable tube (i.e., the connection joint).
However, Cuisset teaches a method for joining components of inflatable structures in the same field of endeavor, specifically comprising spacers (bulkhead panel 218, Fig. 14) at connection joints between two inflatable compartments (214, 216).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inflatable boat disclosed by Szilagyi with the spacers arranged at the connection joints as taught by Cuisset, with a reasonable expectation of success, so that the inflatable boat comprises a first spacer and a second spacer, the first spacer arranged at the position where the first end portion of the first inflatable tube is connected to the first end portion of the second inflatable tube (i.e., the connection joint) and the second spacer arranged at the position where the second end portion of the first inflatable tube is connected to the second end portion of the second inflatable tube (i.e., the connection joint). The benefit being the predictable outcome of providing air holding integrity and placing the connection joint in a sheer mode of operation when the spacer flexes in opposite directions due to fluctuations in air pressure within the inflatable boat sides (col. 8, line 10; Cuisset).
Regarding claim 4, modified Szilagyi discloses the inflatable boat according to claim 3, wherein:
the first tube segment further comprises a first top segment and a first side segment, and the first top segment of the first tube segment and the first side segment of the first tube segment are connected to the first side portion of the base to form the first inflatable tube (Fig. 5; col. 3, line 19: The vinyl panels are cut in the shape of a cross-section of the inflatable tubes, 12 and 14, which is taken through the plane of the inflatable tube that includes the long axis of the inflatable tube and also includes the two end points of the inflatable tube. Nevertheless, the vinyl panels for the inflatable tubes are somewhat wider than the inflated diameter of the inflatable tubes to account for the curvature of the tubes when inflated. The vinyl tube panels are cut from a pattern having the appropriate shape and dimensions. The two vinyl panels are then welded together to form an inflatable tube using a "Vinyl Welder" machine which is especially made for welding plastic materials; col. 3, ln. 65: The vinyl panel for the floor 16 is welded to the bottoms of the inflatable tubes, 12 and 14, using the same welding technique that is used to weld the inflatable tubes); and
the second tube segment further comprises a second top segment and a second side segment, and the second top segment of the second tube segment and the second side segment of the second tube segment are connected to the second side portion of the base to form the second inflatable tube (Fig. 5; col. 3, beginning line 19, see also line 65; each reproduced in the above limitation).
Regarding claim 5, modified Szilagyi discloses the inflatable boat according to claim 4, wherein an outer peripheral edge of the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment, and the base (Szilagyi, see Figs. 1 and 2; The Office notes the spacer is connected to the entirety of the inflatable tube, which is comprised of the first top segment of the first tube segment, the first side segment of the first tube segment, and the base; therefore the spacer is connected to each of the first top segment of the first tube segment, the first side segment of the first tube segment, and the base).
Regarding claim 6, modified Szilagyi discloses the inflatable boat according to claim 5, wherein the first spacer forms a common wall between the first inflatable tube and the second inflatable tube (see 18, Figs. 1-2),
the common wall formed by the first spacer preventing fluid communication between the first inflatable tube and the second inflatable tube (18, Fig. 1).
Regarding claim 7, modified Szilagyi discloses the inflatable boat according to claim 4, but does not appear to specifically disclose wherein the first spacer includes an orifice providing fluid communication between the first inflatable tube and the second inflatable tube.
However, Cuisset teaches that the orifice (bulkhead panel 218) may have an orifice (central opening 218, Fig. 14) providing fluid communication between a first inflatable tube and a second inflatable tube (Fig. 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inflatable boat disclosed by modified Szilagyi with the orifice providing fluid communication between a first inflatable tube and a second inflatable tube as taught by Cuisset, with a reasonable expectation of success, so that the first spacer includes an orifice providing fluid communication between the first inflatable tube and the second inflatable tube. The benefit being the predictable outcome of providing fluid communication between the first inflatable tube and the second inflatable tube.
Regarding claim 10, modified Szilagyi discloses the inflatable boat according to claim 4, wherein the inflatable boat further comprises a hatch cover sheet connected to the first inflatable tube and the second inflatable tube so as to form a covered cavity with: the first inflatable tube, the second inflatable tube, and the central portion of the base (end covers 38, Figs. 1-2).
Regarding claim 11, modified Szilagyi discloses the inflatable boat according to claim 10, wherein two side edges of the hatch cover sheet are respectively connected to the first top segment of the first tube segment and the second top segment of the second tube segment (col. 4, line 38: the inflatable kayak 10 additionally includes end covers 38 which cover the points of the inflatable tubes 12 and 14 at either end of the kayak. The end covers 38 provide structural support for the inflatable kayak 10 by holding the inflatable tubes, 12 and 14, together. In addition, the end covers 38 help to prevent water from entering the kayak at the ends. Each end cover 38 is made from a single piece of the same vinyl used in the inflatable tubes, 12 and 14, and is welded to form the cover).
Regarding claim 13, Szilagyi discloses the inflatable boat according to claim 5, wherein the inflatable boat further comprises a first reinforcing strip (wear strips 17), but does not appear to specifically disclose wherein the first reinforcing strip extends along the outer peripheral edge of the first spacer; and the first reinforcing strip is arranged at positions where the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment, and the base.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the reinforcing strip so that it extends along the outer peripheral edge of the first spacer; and the first reinforcing strip is arranged at positions where the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment, and the base, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The benefit being the predictable outcome of providing protection for any seam desired and to prevent tears and rips in said seam(s).
Regarding claim 14, modified Szilagyi discloses the inflatable boat according to claim 13, wherein a reinforcing strip is arranged at connections between the first top segment of the first tube segment, the first side segment of the first tube segment, and the first side portion of the base (17, Fig. 1), but does not appear to specifically disclose wherein this reinforcing strip is a second reinforcement strip.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided multiple reinforcement strips, with a reasonable expectation of success so that the inflatable boat further comprises a second reinforcing strip; and the second reinforcing strip is arranged at connections between the first top segment of the first tube segment, the first side segment of the first tube segment, and the first side portion of the base, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The benefit being, as previously stated, the predictable outcome of providing protection for any seam desired and to prevent tears and rips in said seam(s).
Additionally, regarding claim 13, modified Szilagyi discloses the inflatable boat according to claim 5, but does not appear to specifically disclose wherein the inflatable boat further comprises a reinforcing strip (i.e., first reinforcing strip) extending along the outer peripheral edge of the first spacer at (the connection joint) i.e., positions where the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment and the base.
However, Cuisset teaches a reinforcing strip extending along the outer peripheral edge of the first spacer at a connection joint (first flexible leg 110, Figs. 13 -14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inflatable boat disclosed by modified Szilagyi with the first reinforcing strip extending along the outer peripheral edge of the first spacer at the connection joint, i.e., positions where the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment and the base, as taught by Cuisset, with a reasonable expectation of success, so that the inflatable boat comprises the first reinforcing strip extending along the outer peripheral edge of the first spacer at the positions where the first spacer is connected to the first top segment of the first tube segment, the first side segment of the first tube segment and the base. The benefit being the predictable outcome of improving resistance of tensile forces acting on the inflatable boat that would tend to separate the inflatable tubes members.
Regarding claim 15, modified Szilagyi discloses the inflatable boat according to claim 4, wherein the first top segment of the first tube segment and the second top segment of the second tube segment are each of an arcuate-shaped structure (Fig. 5; col. 6, ln. 27: The shape and geometry of the hull, as described above, is primarily determined by the shape of the inflatable tubes, 12 and 14, when inflated. In particular, the vinyl panels used to make the inflatable tubes, 12 and 14, are patterned to have a flat middle section and curved end sections corresponding to the desired shape of the hull of the kayak, i.e., arcuate).
Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Szilagyi, as applied to claim 1, and further, in view of Hoge, Jr. (US 9,637,201 B2).
Regarding claim 8, Szilagyi discloses the inflatable boat according to claim 1, wherein the inflatable boat further comprises a bottom board attached to the central portion, the bottom board having an outer peripheral edge arranged: between the first inflatable tube and the central portion; and between the second inflatable tube and the central portion (22, Fig. 5), but does not appear to specifically disclose wherein the bottom board is inflatable.
However, Hoge, Jr. teaches a bottom board in the same field of endeavor that is inflatable (12, Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inflatable boat disclosed by Szilagyi with the inflation of the bottom board as taught by Hoge , Jr., with a reasonable expectation of success, so that the inflatable boat further comprises an inflatable bottom board attached to the central portion, the inflatable bottom board having an outer peripheral edge arranged: between the first inflatable tube and the central portion; and between the second inflatable tube and the central portion. The benefit being the predictable outcome of being able to deflate all of the boat including the bottom board to best store all pieces of the inflatable boat in a small space when not in use, and the inflatable bottom board having the predictable outcome of increasing the speed and ease of paddling an inflatable boat particularly in difficult conditions (Hoge, Jr., col. 4, line 5).
Regarding claim 12, modified Szilagyi discloses the inflatable boat according to claim 8, wherein the central portion of the base comprises drains (bailing holes 32, Fig. 3) and the inflatable bottom board comprises drain recesses (bailing channels 30); and
the drains are arranged at intervals at the central portion of the base and the drain recesses are arranged corresponding to the drains (the office notes 30 and 32 correspond, col. 4, line 51).
If Applicant disagrees with the 35 U.S.C. § 102 rejection of claim 16 above, claim 16 is additionally rejected under 35 U.S.C. § 103 as being unpatentable over Szilagyi, as applied to claim 1, and further, in view of Duggal et al. (US 9,527,249 B1), hereinafter Duggal.
Regarding claim 16, Szilagyi discloses the inflatable boat according to claim 1, wherein the inflatable boat comprises high quality vinyl materials having a weight of 32 ozs/yd.sup.2 which are commonly reinforced vinyl unless otherwise stated to be unreinforced, but does not appear to specify a TPU composite material.
However, Duggal teaches nonwoven flexible composites that are inflatable, in the same field of endeavor, that specifically comprise thermoplastic polyurethane(s) (TPU) composite(s) (see col. 9, beginning line 15).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have used a material comprising a TPU composite for the inflatable boat disclosed by Szilagyi, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. The benefit being the predictable outcome of an optimally functioning life-saving inflatables, such as a kayak (col. 9, line 15; Duggal).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chai (US 2021/0070399 A1) teaches an inflatable boat and an inflatable boat processing method including multiple embodiments, e.g., an inflatable boat, comprising a boat-side body, a boat bottom, and an inflation-and-deflation mouth, wherein at least one reinforcing layer is transversely provided at the boat bottom, and the two ends of the reinforcing layer extend towards the boat-side body, wherein a reinforcing strip is arranged at a position where the inner side of the boat-side body and the upper surface of the boat bottom are connected, wherein the two sides of the reinforcing strip are respectively fixedly connected with the boat-side body and the boat bottom. In another preferred embodiment, the boat-side body comprises a closed annular chamber for storing air. In another preferred embodiment, the closed annular air-storage chamber is divided into at least two independent air-storage chambers, and each air-storage chamber is provided with an inflation-and-deflation mouth. In another preferred embodiment, both the boat-side body and the boat bottom are hexagonal. The boat-side body is formed by sequentially connecting a first boat-side material piece, a second boat-side material piece, a third boat-side material piece, a fourth boat-side material piece, a fifth boat-side material piece, and a sixth boat-side material piece, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNA DANIELLE GLOVER whose telephone number is (571)272-8861. The examiner can normally be reached Monday - Friday 7:00 -4:30, see teams for updates.
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/S.D.G./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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