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) 1-3, 6-12 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by XYJKIDSES Couple Inflatable Dachshund Costume, [online]; [published to the internet on 12-25-2024]; [retrieved from the internet on 04-23-2025]; URL: https://www.amazon.com/dp/B0DRF6NRDH?_encoding=UTF8&psc=1&ref=cm_sw_r_cp_ud_dp_9XAA9KV6HHPDYT8ZQ4G8&ref_=cm_sw_r_cp_ud…(8 pages); hereinafter “XYJKIDSES”.
Regarding claim 1, XYJKIDSES discloses an inflatable suit, comprising: an inflatable suit main body, wherein the inflatable suit main body comprises an inflatable cavity, the inflatable cavity is surrounded and formed by a side wall of the inflatable suit main body, the inflatable suit main body comprises a body part, the body part comprises a first wearing leg and a first wearing opening, the first wearing opening is positioned above the first wearing leg, and the first wearing leg and the first wearing opening are in communication with the inflatable cavity (see the cavity and legs for the first person at the front); the body part also comprises a second wearing leg and a second wearing opening, the second wearing opening is positioned above the second wearing leg, and the second wearing leg and the second wearing opening are in communication with the inflatable cavity (see the cavity and legs for the person at the back).
Regarding claim 2, XYJKIDSES discloses the inflatable suit according to claim 1, wherein the first wearing leg and the second wearing leg are arranged along a lengthwise direction of the body part, and the first wearing opening and the second wearing opening are arranged along the lengthwise direction of the body part (see the lengthwise position of the openings for the two people).
Regarding claim 3, XYJKIDSES discloses the inflatable suit according to claim 1, wherein the first wearing leg comprises a first leg unit and a second leg unit, and the first leg unit and the second leg unit are arranged along a width direction of the body part; the second wearing leg comprises a third leg unit and a fourth leg unit, and the third leg unit and the fourth leg unit are arranged along the width direction of the body part (see the location of the legs astride the length of the dog).
Regarding claim 6, XYJKIDSES discloses the inflatable suit according to claim 1, wherein a first elastic band is provided at the first wearing opening, and the first elastic band is used for adjusting a size of the first wearing opening; a second elastic band is provided at the second wearing opening, and the second elastic band is used for adjusting a size of the second wearing opening (see the variable size elastic opening and one size fits all).
Regarding claim 7, XYJKIDSES discloses the inflatable suit according to claim 1, wherein the first wearing leg comprises a first top end and a first bottom end, the first top end is in communication with the inflatable cavity, the first bottom end is provided with a first leg opening, the first leg opening is in communication with to an external environment, a third elastic band is provided at the first leg opening, and the third elastic band is used for adjusting a size of the first leg opening; the second wearing leg comprises a second top end and a second bottom end, the second top end is connected to the inflatable cavity, the second bottom end is provided with a second leg opening, the second leg opening is in communication with the external environment, a fourth elastic band is provided at the second leg opening, and the fourth elastic band is used for adjusting a size of the second leg opening (see the variable size elastic opening for the legs and one size fits all).
Regarding claim 8, XYJKIDSES discloses the inflatable suit according to claim 7, wherein an edge of the first leg opening extends to form a first decorative flipper, and an edge of the second leg opening extends to form a second decorative flipper (see the covering for the variable size elastic opening for the legs).
Regarding claim 9, XYJKIDSES discloses the inflatable suit according to claim 1, further comprising a first air pump, wherein the body part is provided with a first inflatable opening, the first inflatable opening is in communication with the first inflatable cavity, the first air pump is connected to the body part, and the first air pump is positioned at the first inflatable opening to inflate the inflatable cavity (see dual air pumps in description).
Regarding claim 10, XYJKIDSES discloses the inflatable suit according to claim 9, further comprising a second air pump, wherein the body part is provided with a second inflatable opening, the second inflatable opening is in communication with the first inflatable cavity, the second air pump is connected to the body part, and the second air pump is positioned at the second inflatable opening to inflate the inflatable cavity; the first air pump and the second air pump are arranged along a lengthwise direction of the body part, and the first inflatable opening and the second inflatable opening are arranged along the lengthwise direction of the body part (see dual air pumps in description).
Regarding claim 11, XYJKIDSES discloses the inflatable suit according to claim 9, further comprising a first power source, wherein the first power source is electrically connected to the first air pump, and the first power source is used for supplying power to the first air pump (see battery power).
Regarding claim 12, XYJKIDSES discloses the inflatable suit according to claim 11, wherein the first power source is provided with a first power source main body and a first elastic clip, one end of the first elastic clip is connected to the first power source main body, and an opposite end of the first elastic clip is elastically pressed against a surface of the first power source main body, so that a first clamping space is formed between the first elastic clip and the first power source main body (see attached battery power sources).
Regarding claim 17, XYJKIDSES discloses the inflatable suit according to claim1, wherein a height of the first wearing leg is identical with a height of the second wearing leg (see leg variability based on the height of the user with both users being the same height).
Regarding claim 18, XYJKIDSES discloses the inflatable suit according to claim 1, wherein a height of the first wearing leg is different from a height of the second wearing leg (see leg variability based on the height of the user with both users being the different height)
Regarding claim 19, XYJKIDSES discloses the inflatable suit according to claim 13, wherein a width range of the first wearing opening is 10cm-100cm; a height range of the first wearing leg is 10cm-200cm; and a width range of the first opening is lcm-30cm (Examiner noting that these dimensions are within the normal range of human users and are anticipated by the given one size fits all designation).
Regarding claim 20, XYJKIDSES discloses the inflatable suit according to claim 7, wherein a width range of the first leg opening is 3cm-2Ocm (Examiner noting that these dimensions are within the normal range of human users and are anticipated by the given one size fits all designation).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over XYJKIDSES and further in view of D975,964 by Li.
Regarding claim 4, XYJKIDSES is silent regarding the inflatable suit according to claim 1, wherein the body part further comprises a first decorative leg, the first decorative leg is connected to the body part, the first decorative leg is positioned at the first wearing opening, and the first decorative leg is tightly attached to the body part; the body part also comprises a second decorative leg, the second decorative leg is connected to body part, the second decorative leg is positioned at the second wearing opening, and the second decorative leg is tightly attached to body part. Li discloses the use of this feature at figure 1. Because the references are from a similar art and concerned with a similar problem, see inflatable wearable costumes, it would have been obvious to one having ordinary skill in the art at the time of filing to construct XYJKIDSES with Li’s decorative legs. One having ordinary skill in the art at the time of filing would have been motivated to do so because the addition of decorative legs provides for an enhanced aesthetic appearance and the enhanced illusion of unity of costume and user.
Regarding claim 5, Li discloses the inflatable suit according to claim 4, wherein the first decorative leg comprises a fifth leg unit and a sixth leg unit, the fifth leg unit and the sixth leg unit are connected to the body part, and the fifth leg unit and the sixth leg unit are positioned on both sides of the first wearing opening; the second decorative leg comprises a seventh leg unit and an eighth leg unit, the seventh leg unit and the eighth leg unit are connected to the body part, and the seventh leg unit and the eighth leg unit are positioned on both sides of the second wearing opening; the fifth leg unit and the sixth leg unit are tightly attached to both sides of the body part, and the seventh leg unit and the eighth leg unit are tightly attached to both sides of the body part (Li – see the application of decorative leg units to the additional user position).
Allowable Subject Matter
Claims 13-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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:
No prior art anticipates or renders obvious “an inner wall of the body part is provided with a first pocket, the first pocket is provided with a first opening, a fifth elastic band is provided at the first opening, the fifth elastic band is used for adjusting a size of the first opening, and the first power source is placed in the first pocket through the first opening” as recited in claim 13 or “the first air pump comprises a first part and a second part, the first part and the second part are detachably connected, a side wall of the inflatable suit main body is positioned between the first part and the second part, and the first part and the second part clamp the side wall of the inflatable suit main body; the first part is provided with first spinning blocks, the second part is provided with second spinning blocks, and a lower surface of the first spinning block is pressed against an upper surface of the second spinning block, so that the first part is connected to the second part; the first spinning block extends from a lower side of the first part to an upper side of the first part, the first spinning block is arranged at an inclined angle with a height direction of the first part, the second spinning block extends from a lower side of the second part to an upper side of the second part, the second spinning block is arranged at an inclined angle with a height direction of the second part, and a shape of the first spinning block and a shape of the second spinning block are complementary to each other; a lower surface of the first spinning block is provided with a plurality of protruding first spinning tooth portions, an upper surface of the second spinning block is provided with a 3 plurality of protruding second spinning tooth portions, the first spinning tooth portion is connected to the second spinning tooth portion, and a shape of the first spinning tooth portion and a shape of the second spinning tooth portion are complementary to each other” as recited in claim 15.
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 PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3715
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