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 2 is objected to because of the following informalities:
Regarding Claim 2
Line 9 recites the language “and the outlet,”. For purposes of clarity, the claim language should be amended such that it reads –and the outlet; and—
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 2
Lines 17-18 recite the limitation “wherein an axis of the inlet of the air pump system is parallel to an axis of rotation of the actuator”. The Specification does not disclose that an axis of the inlet of the air pump is parallel to an axis of rotation of the actuator. Additionally, the drawings do not definitely disclose or depict the claimed limitation either. It is possible that the axis of the air pump system and the axis of the actuator are slightly non-parallel. Therefore, claim 2 fails to comply with the written description requirement.
Regarding Claim 11
Lines 1-2 recite the limitation “the axis of rotation of the actuator is spaced apart from an axis of rotation of the impeller”. The Specification does not disclose that the axis of rotation of the actuator is spaced apart from an axis of rotation of the impeller. Additionally, the drawings do not definitely depict the axis of rotation of the actuator being spaced from an axis of rotation of the impeller. It is not impossible that these axis are slightly non parallel and can cross in the axis plane at some point.
Regarding Claims 3-10 and 12
Claims 3-10 and 12 are rejected insofar as they are dependent upon a rejected base claim.
5. 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 2-12 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.
Regarding Claim 2
Lines 1-2 recite the limitation "the air assembly". There is insufficient antecedent basis for this limitation in the claim.
Lines 5-6 recite the limitation “the surrounding environment”. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claims 3-12
Claims 3-12 are rejected insofar as they are dependent upon a rejected base 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.
Claim(s) 2-3 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Lin, CN 1519476 A.
Regarding Claim 2
Lin discloses an inflation and deflation system (ventilating device comprising an air pump) for use with an inflatable product (air bed) (Lin, Abstract), the air assembly [interpreted as the inflation and deflation system as “the air assembly” lacks antecedent basis] comprising:
a main body (1) forming a main body chamber (inside the main body (1)), the main body chamber comprising at least one vent (12) in communication with the inflatable product (air bed) (Lin, Figure 4);
a panel (11) coupled to the main body (1) and comprising a vent (111) in communication with the surrounding environment and the main body chamber (Lin, Figure 3);
an air pump system (2) disposed in the main body chamber on a first side of the panel (11), the air pump system (2) comprising an inlet (245), an outlet (246), and an impeller (221) in fluid communication with the inlet (245) and the outlet (246) (Lin, Figures 3, 5, and 7); and
an actuator (27, hand wheel) accessible from a second side of the panel (11), the actuator (27) coupled to the air pump system (2) [via (215)] (Lin, Figures 3 and 6) to position the inlet (245) and the outlet (246) of the air pump system (2) in fluid communication with the at least one vent (12) of the main body (1), the actuator (27) rotatable relative to the panel (11) to a first position in which the outlet (246) of the air pump system (2) is in fluid communication with the at least one vent (12) of the main body (1) independent of the inlet (245) of the air pump system (2) (Lin, Figures 7 and 8) and rotatable to a second position in which the inlet (245) of the air pump system (2) is in fluid communication with the at least one vent (12) of the main body (1) independent of the outlet (246) of the air pump system (2) (Lin, Figures 5 and 6),
wherein an axis (A2, annotated Figure 5 of Lin below) of the inlet (245) of the air pump system (2) is parallel to an axis of rotation (A1, annotated Figure 5 of Lin below) of the actuator (27) (Lin, annotated Figure 5 below).
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Figure 1: Annotated Figure 5 of Lin
Regarding Claim 3
Lin discloses the inflation and deflation system according to claim 2, wherein the air pump system (2) further comprises a disc (D, annotated Figure 4 of Lin below) disposed between the impeller (221) of the air pump system (2) and the at least one vent (12) of the main body (1) (Lin, annotated Figure 4 below).
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Figure 2: Annotated Figure 4 of Lin
Regarding Claim 5
Lin discloses the inflation and deflation system according to claim 3, wherein the actuator (27) is coupled to the disc (D) (Lin, annotated Figure 4 above).
Regarding Claim 6
Lin discloses the inflation and deflation system according to claim 2, wherein the air pump system (2) further comprises a pump body (213) and a pump cover (214), and the pump body (213) and the pump cover (214) cooperate to form an impeller chamber (houses impeller (221)) (Lin, Figures 3 and 4).
Regarding Claim 7
Lin discloses the inflation and deflation system according to claim 6, wherein the air pump system (2) further comprises a disc (D, annotated Figure 4 of Lin above) disposed between the pump cover (214) and the at least one vent (12) of the main body (1) (Lin, annotated Figure 4 above).
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin, CN 1519476 A, in view of Xu, CN 206368786 U.
Regarding Claim 11
Lin discloses the inflation and deflation system according to claim 2. However, Lin does not explicitly disclose that the axis of rotation of the actuator is spaced apart from an axis of rotation of the impeller.
Xu teaches an inflation and deflation system in which an axis of rotation of the actuator (23, hand wheel) is spaced apart from an axis of rotation of an impeller (Xu, annotated Figure 4 below).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the inflation and deflation system of Lin such that the axis of rotation of the actuator is spaced apart from an axis of rotation of the impeller as taught by Xu to accommodate alternative shapes of the main body.
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Figure 3: Annotated Figure 4 of Xu
Regarding Claim 12
Lin discloses the inflation and deflation system according to claim 2, wherein the panel (11) comprises an opening (Lin, Figure 4). However, Lin does not explicitly disclose that the actuator extends through the opening into the main body chamber.
Xu teaches an inflation and deflation system in which a panel (32) comprises an opening, wherein an actuator (23, hand wheel) extends through the opening into the main body chamber (31,21) (Xu, Figure 4).
At the time the claimed invention was filed it would have been obvious to one of ordinary skill in the art to modify the inflation and deflation system of Lin such that the actuator extends through the opening into the main body chamber as taught by Xu since this would provide a secure connection between the hand wheel and the elements that it actuates.
Allowable Subject Matter
Claims 4 and 8-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) 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:
In the inflation and deflation system of claims 4 and 8, the inclusion of:
“the inlet and the outlet of the air pump system are disposed in the disc” was not found.
In the inflation and deflation system of claim 9, the inclusion of:
“the air pump system comprises a lower portion disposed between the impeller and the at least one vent of the main body, and the inlet and the outlet are disposed in the lower portion” was not found.
Response to Arguments
Applicant has cancelled claim 1 and added new claims 2-12. Applicant’s arguments with respect to claim(s) 2-12 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Huang et al. (US 2020/0386237) – Multichannel air pump
Huang (WO 2019/097453 A1) – Multichannel air pump
Kelly (US 2008/0201857) – Pump for airbed
Liu (US 2006/0222535) – Inflating and Deflating Pump for Inflatable Product
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/K.L.S/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741