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 2 – 8, and 10 – 19, are objected to because of the following informalities:
The dependent claims are presented in a non-standard manner, such as shown by claim two’s further limitation reciting “wherein the harness system is further comprised of a waist belt,” which should be recited as “wherein the harness system is further comprises a waist belt,” and claim three’s “wherein the frame is comprised of an airflow channel,” which should be recited as “wherein the frame further comprises an airflow channel.” The dependent claims should be amended as to form.
Claim 17 appears to be a duplicate of claim 12.
Appropriate correction is required.
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, and 7, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by2009/0097989, “Santa Ana.”
Regarding Claim 1: Santa Ana discloses a back-worn air compressor device (100) (Figures 1 – 8) comprising: a frame (102); a harness system coupled to the frame and configured to secure the frame to a user ([0007], “Affixed to the body is a means for transporting the compressor that may include, for example, an embedded handle, straps, a retractable handle, wheels, and combinations thereof.”); an air tank (122) supported by the frame; a compressor assembly (124, 128, 130) supported by the frame and fluidly connected to the air tank (As shown in at least Figure 1; [0037], “Airflow generated from and compressed by the pump 124 within the gas reservoir 122 can remain indefinitely”); and a battery pack (132) electrically connected to the compressor assembly ([0038], “power source 132 of the present invention may include a battery”), wherein the battery pack powers the compressor assembly ([0038], “In electrical connection to the pump 124 is the power source 132”).
Regarding Claim 7: Santa Ana discloses the back-worn air compressor device of claim 1; Santa Ana further discloses comprising a motor (128) ([0036], “The pump 124 at the mechanical direction of a motor 128 acts in concert with a check valve 126 in fluid communication with both the pump 124 and the plenum 116 to accept and compress air into the gas reservoir 122.”).
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) 2, and 3, are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2021/0370493, “Samia.”
Regarding Claim 2: Santa Ana discloses the back-worn air compressor device of claim 1; however, Santa Ana is silent as to the use of a waist belt connected to the harness system and as such fails to explicitly disclose wherein the harness system is further comprised of a waist belt.
Samia teaches a back-worn air compressor device (At least Figures 1 and 5) ([0066], “power source 516 can be a mobile power source that provides the operational power for the exoskeleton system 100. In one preferred embodiment, the power pack unit contains some or all of the pneumatic system 520 (e.g., a compressor) and/or power source (e.g., batteries) required for the continued operation”) comprising a frame (Generally interpreted as the backpack housing 155 as shown in at least Figure 1); a harness system coupled to the frame and configured to secure the frame to a user (Generally interpreted as the shoulder straps and waist belt coupled with the backpack housing 155 as shown in at least Figures 1), and further teaches wherein the harness system is further comprised of a waist belt (As shown in at least Figure 1 and as further referenced in at least [0049], “suspension forces transmitted through a connection to a waist belt”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the harness arrangement of Santa Ana to include a waist belt, as taught by Samia, as such a waist belt could be utilized to further secure the frame to a user in a manner well known in the art.
Regarding Claim 3: Santa Ana discloses the back-worn air compressor device of claim 1; however, Santa Ana is silent as to the use of an airflow channel in conjunction with the frame and as such fails to explicitly disclose wherein the frame is comprised of an airflow channel.
Samia teaches a back-worn air compressor device (At least Figures 1 and 5) ([0066], “power source 516 can be a mobile power source that provides the operational power for the exoskeleton system 100. In one preferred embodiment, the power pack unit contains some or all of the pneumatic system 520 (e.g., a compressor) and/or power source (e.g., batteries) required for the continued operation”) wherein the comprising: a frame (Generally interpreted as the backpack housing 155 as shown in at least Figure 1); wherein the frame is comprised of an airflow channel ([0070], “Another embodiment directs the ambient air through internal air channels in a backpack 155 or other housing to allow for internal cooling”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the frame of Santa Ana to incorporate an airflow channel, as taught by Samia, with the predicted results that such a airflow channel will allow for increased cooling of the apparatus (Samia, [0070]).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2020/0056602, “Westling.”
Regarding Claim 4: Santa Ana discloses the back-worn air compressor device of claim 1; however, Santa Ana is silent as to the use of a condensation drain plug connected to the air tank and as such fails to explicitly disclose wherein the air tank is comprised of a condensation drain plug.
Westling teaches a portable air compressor device (10) (Figures 1 – 13; [0006], “a portable air compressor comprising a frame, a compressor unit”) comprising an air tank (22, 114), and wherein the air tank further comprises a condensation drain plug (70, 172) ([0026], “air tank 22 includes a drain valve 70 for draining condensation accumulated in the air tank 22“).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Santa Ana to incorporate a condensation drain plug with the air tank, as taught by Westling, with the predicted results that the drain plug could be utilized to drain accumulated condensation in the air tank in a manner well known in the art (Westling, at least [0026] and [0035]).
Claim(s) 5, and 6, are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2015/0176526, “Frazier.”
Regarding Claim 5: Santa Ana discloses the back-worn air compressor device of claim 1; however, Santa Ana is silent as to the use of a dual storage compressor and as such fails to explicitly disclose wherein the compressor assembly is comprised of a dual-stage compression mechanism.
Frazier teaches an air compressor assembly (110) (At least Figure 1) wherein the compressor assembly is comprised of a dual-stage compression mechanism (111, 112, 113, 115, 116).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the compressor arrangement of Santa Ana to incorporate a dual-stage or multi stage compressor arrangement, as taught by Frazier, with the predicted results that such a compression mechanism will be capable of increasing the output air pressure in a manner well known in the art. It is further noted that such a modification is viewed as a simple substitution of one known compression mechanism for that of another. Such a substitution would have been obvious since, an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Regarding Claim 6: Santa Ana, in view of Frazier, teaches the back-worn air compressor device of claim 5; once combined, Frazier further teaches the arrangement comprising an intercooler (Figure 1; At least [0010], [0053], and [0054]).
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2015/0245586, “Dole.”
Regarding Claim 8: Santa Ana discloses the back-worn air compressor device of claim 1; however, Santa Ana is silent as to construction of the backpack such that it fails to explicitly disclose wherein the compressor assembly is positioned within a waterproof housing.
Dole teaches a backpack arrangement (10) for use with a compressor (20) ([0137]) and wherein the backpack forms a waterproof housing ([0142], “the housing 19 may be composed of a generally rigid waterproof material such as a plastic material which has a compartment for holding the container 12”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have incorporated the waterproof housing arrangement taught by Dole in the formation of the backpack of Santa Ana with the predicted results that such an arrangement will provide increased protection from exposure to the elements housing within the backpack of Santa Ana in a manner well known in the art (Dole, [0142]).
Claim(s) 9 – 12, 14, 15, and 17, are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2021/0370493, “Samia,” and US 2020/0056602, “Westling.”
Regarding Claim 9: Santa Ana discloses a back-worn air compressor device (100) (Figures 1 – 8) comprising: a frame (102); a harness system coupled to the frame and configured to secure the frame to a user ([0007], “Affixed to the body is a means for transporting the compressor that may include, for example, an embedded handle, straps, a retractable handle, wheels, and combinations thereof.”); an air tank (122) supported by the frame, the air tank comprised of a pressure regulator (108) and a quick-connect fitting (110) ([0037], “compressed gas outlet 110 is dimensioned to accept hoses common to pneumatic instruments, or in some cases, the pneumatic instrument”); a compressor assembly (124, 128, 130) supported by the frame and fluidly connected to the air tank (As shown in at least Figure 1; [0037], “Airflow generated from and compressed by the pump 124 within the gas reservoir 122 can remain indefinitely”); and a battery pack (132), wherein the battery pack powers the compressor assembly ([0038], “In electrical connection to the pump 124 is the power source 132”); however, Santa Ana fails to explicitly disclose wherein the harness system is comprised of a shoulder strap and wherein the battery pack is removably connected to the compressor assembly.
Samia teaches a back-worn air compressor device (At least Figures 1 and 5) ([0066], “power source 516 can be a mobile power source that provides the operational power for the exoskeleton system 100. In one preferred embodiment, the power pack unit contains some or all of the pneumatic system 520 (e.g., a compressor) and/or power source (e.g., batteries) required for the continued operation”) comprising a frame (Generally interpreted as the backpack housing 155 as shown in at least Figure 1); a harness system coupled to the frame and configured to secure the frame to a user (Generally interpreted as the shoulder straps and waist belt coupled with the backpack housing 155 as shown in at least Figures 1), and further teaches wherein the harness system is comprised of a shoulder strap (As shown in at least Figure 1 and as further referenced in at least [0049], “suspension forces transmitted through straps or a harness to the shoulders of the user 101”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the harness arrangement of Santa Ana to include the harness components taught by Samia, as such components, including a shoulder strap and waist belt, could be utilized to further secure the frame to a user in a manner well known in the art.
Westling teaches a portable air compressor device (10) (Figures 1 – 13; [0006], “a portable air compressor comprising a frame, a compressor unit”) powered by a battery pack (66) ([0024], “a portable, battery-powered compressor 10”), wherein the battery pack is removably connected to the compressor assembly (As shown in at least Figure 11; [0062], “compressor 10 also includes a battery receptacle 62 coupled to the housing 14. The battery receptacle 62 includes a pair of rails 64 for engaging corresponding grooves (not shown) on a battery pack 66, thereby allowing the battery pack 66 to be mounted in battery receptacle 62 as shown”).
It would have been obvious to one of ordinary skill in the art to have modified the battery pack arrangement of Santa Ana to utilize a removable battery arrangement such as that taught by Westling, with the predicted results that such an arrangement will allow for easy maintenance and charging of the compressor and battery systems in a manner well known in the art (Westling; At least [0026] and [0027]).
Regarding Claim 10: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; once combined, Westling further teaches wherein the battery pack is comprised of a charging port (As shown in at least Figure 11; [0035], “battery pack 164 is a rechargeable power tool battery pack, such as an 18V lithium-ion battery pack”).
Regarding Claim 11: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; once combined, Westling further teaches wherein the battery pack is comprised of a status indicator (As shown in at least Figure 2; The battery is shown comprising a battery charge level indicator in a manner well known in the art).
Regarding Claims 12 and 17: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; once combined, Santa Ana further discloses comprising a pressure gauge (112) (At least Figure 2; [0037]).
Regarding Claim 14: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; once combined, Santa Ana further discloses comprising a button (150) ([0053]).
Regarding Claim 15: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; once combined, Samia further teaches wherein the harness system is further comprised of a waist belt (As shown in at least Figure 1 and as further referenced in at least [0049], “suspension forces transmitted through a connection to a waist belt”).
Claim(s) 13, 16, and 20, are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2021/0370493, “Samia,” US 2020/0056602, “Westling,” and US 2006/0045752, “Beckman.”
Regarding Claim 13: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; however, Santa Ana is silent as to the construction of the pressure gauge such that it fails to explicitly disclose wherein the pressure gauge is a digital pressure gauge.
Beckman teaches a portable air compressor (20) further comprising a pressure gauge (30) wherein the pressure gauge is a digital pressure gauge ([0067], “user interface 30 may include a digital gauge to replace conventional mechanical pressure gauges”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have substituted the pressure gauge of Santa Ana with a digital pressure gauge, as taught by Beckman, with the predicted results that the digital pressure gauge will work equally as well at indicating pressure. Such a modification is viewed as a simple substitution of one known pressure gauge for that of another. Such a substitution would have been obvious since, an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Regarding Claim 16: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; however, Santa Ana is silent as to the construction of the pressure regulator assembly such that it fails to explicitly disclose wherein the compressor further comprises an automatic on/off pressure switch.
Beckman teaches a portable air compressor (20) further comprising an automatic on/off pressure switch (206, 28) (At least [0090] – [0096]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have incorporated an automatic on/off pressure switch into the assembly of Santa Ana, as taught by Beckman, with the predicted results that such an automatic switch will be capable of automatically controlling the compressor to cycle on and off based on the compressor reaching a predetermined compression level in a manner well known in the art (Beckman, [0090] – [0096]).
Regarding Claim 20: Santa Ana, in view of Samia, Westling, and Beckman teaches the back-worn air compressor device of claims 9 and 16. It is noted that Beckman teaches activating the compressor assembly to regulate air compression based on a pre-set pressure threshold (as discussed in the aforesaid rejection of claim 16 and in at least [0090] – [0096]) and Santa Ana discloses recharging or replacing the battery pack as needed (As discussed in at least [0062]). Claim 20 is presented as the method of operating the compressor of claim 16. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. (MPEP 2112.02)
Claim(s) 18, and 19, are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097989, “Santa Ana,” in view of US 2021/0370493, “Samia,” US 2020/0056602, “Westling,” and US 2015/0176526, “Frazier.”
Regarding Claim 18: Santa Ana, in view of Samia, and Westling, teaches the back-worn air compressor device of claim 9; however, Santa Ana is silent as to the use of a dual storage compressor and as such fails to explicitly disclose wherein the compressor assembly is comprised of a dual-stage compression mechanism.
Frazier teaches an air compressor assembly (110) (At least Figure 1) wherein the compressor assembly is comprised of a dual-stage compression mechanism (111, 112, 113, 115, 116).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the compressor arrangement of Santa Ana to incorporate a dual-stage or multi stage compressor arrangement, as taught by Frazier, with the predicted results that such a compression mechanism will be capable of increasing the output air pressure in a manner well known in the art. It is further noted that such a modification is viewed as a simple substitution of one known compression mechanism for that of another. Such a substitution would have been obvious since, an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (MPEP 2144.06).
Regarding Claim 19: Santa Ana, in view of Samia, Westling, and Frazier, teaches the back-worn air compressor device of claim 18; once combined, Frazier further teaches the arrangement comprising an intercooler (Figure 1; At least [0010], [0053], and [0054]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2005/0089406 – Portable Electronic Air Compressor
US 2020/0368774 – Pneumatic Pair Brush Feeder Apparatus
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN DOYLE whose telephone number is (571)270-5821. The examiner can normally be reached Monday - Friday, 0900 - 1700.
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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.02.24
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 3/10/2026