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
Claims 7-9 are objected to. Claims 7-9 positively claims a subcombination pod but recites limitations to a projector, appearing to be a combination pod and projector. The claims are drawn to the pod and not the combination and will be examined as such.
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) 1-4, 6, 7, 10-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,570,544 to Hale et al.
Regarding claims 1 and 7, Hale discloses a pod (fig. 1), capable of access by wheelchair, with inflatable frame (12, abstract) with an opening (fig. 1: see front opening), an aperture (fig. 5: 41) on a top, one or more removable surfaces (fig. 3: see interior such as 32, 34, etc.) which form an interior and an exterior of the structure.
Regarding claims 2 and 10, the removable surface is connected to the frame by zippers (74, 76).
Regarding claims 3 and 11, the background includes imagery (of the interior of a structure) capable of providing entertainment.
Regarding claims 4 and 12, the aperture includes a net (mesh column 5, lines 5-9).
Regarding claims 6 and 14, the pod may be used indoor or outdoor.
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) 5, 8, 9, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,570,544 to Hale et al.
Regarding claims 5 and 13, a blower motor for inflation is not disclosed. The Examiner takes official notice that it is well known in the art of inflatable structures to use motors, as motors are used to speed inflation. This would have been an obvious design choice for one in the art at the time of filing.
Regarding claims 8 and 9, a projector may include a computer (as a home television) tom display an image.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached on (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633
