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 9 and 14 are objected to because of the following informalities:
Claim 9, line 2, “each escape capsule” should be changed to --each capsule-- for consistency purposes.
Claim 14, line 2, “one or more walkway” should be changed to --one or more walkways--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-17 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.
Claim 1 recites “the (chute) walls” in lines 5, 6, 9, 10, and 24). However, “one or more walls” was previously recited in line 3. As such, it is unclear if there can only be one wall (such as for a circular chute) or there must be multiple “walls” in order to meet the scope of the claim. For examination purposes, it is assumed there can be only one wall and all subsequent recitations of “the walls” is meant to read “the one or more walls”. Clarification is required.
Regarding claims 8 and 14, the phrase "for example" (or the abbreviation version “e.g.”) renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Sassak (US 4,997,060) teaches an escape system suitable for evacuating people from a multi-story building, the system comprising: a chute (24) comprising one or more walls defining a linear escape path that runs from a top end (FIG. 1) to a bottom end (FIG. 2), wherein the chute includes two or more entry apertures at spaced apart locations along the length of the one or more walls (as seen in FIGS. 1 and 2, each floor 12, 14, etc. has an entry aperture 52 covered by a door 54) and an exit aperture located at or near the bottom end (element 52 on lowest floor 20); a capsule (40), which is each sized and shaped such that they can be located within the escape path and can move down the escape path under the influence of gravity (see abstract), wherein each capsule has a top (46), a bottom (44) and side walls (42) and provides an enclosed space for housing two or more people (col. 4, lines 27-44) and further includes a door (48) via which the enclosed space can be accessed; whereby the capsule is provided with a magnet array, the magnet array comprising one or more upper magnets (80) positioned at or near the top of the capsule, and one or more lower magnets (82) positioned at or near the bottom of the capsule; and a locking system (60) for releasably securing the capsule at a loading position in which the door of the capsule is aligned with an entry aperture in the chute walls (as seen in FIGS. 1 and 4; col. 3, lines 33-44).
Sassak lacks more than one capsule and with the structure of the escape system (i.e. the cable 100 and pulleys 102, 104, 106, 108), it would not be obvious to add an additional capsule in the same chute. As such, Sassak also lacks the first capsule having upper magnets with the opposite polarity to the lower magnets of the second capsule, such that when the first and second capsules are located in the escape path, with the second capsule above the first capsule, the magnets act to repel the capsules away from each other. Additionally, while Sassak teaches the capsule to employ magnets, the magnets are not permanent magnets and instead are electromagnets that are used as a braking means for the capsule, not as a means to keep multiple capsules away from each other. Sassak also lacks the one or more walls as comprising: a first layer of non-ferromagnetic metal providing a complete electrical circuit around the escape path; an optional second layer which is a barrier layer; and a third layer of non-ferromagnetic structural material; where the first layer is positioned at the inner surface of the walls, the optional second layer is, when present, positioned between the first layer and the third layer, and the third layer is positioned at the outer surface of the walls.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
