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 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.
Claim 13 is 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. It is unclear what the claim is trying to claim. How are “the plurality of threads” are obliquely arranged to themselves. The claim is being examined as best understood as indicated in the rejection below.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2014/0332142 (hereinafter Lin).
Regarding claim 1, Lin discloses a method of assembling an inflatable product comprising an inflatable chamber, the method comprising sewing (see para. [0080], lines 12+) a first side (see Fig. 4) of each of a plurality of tensioning members (32) to a first connecting member (31) of a respective one of a plurality of pairs of connecting members (31, 31); sewing (see para. [0080], lines 12+) a second side (see Fig. 4) of each of the plurality of tensioning members (32) to a second connecting member (31) of a respective one of the plurality of pairs of connecting members; and welding the first connecting member and the second connecting member of each of the plurality of pairs of connecting members to a wall (1 or 2) of the inflatable chamber (see para. [0080], lines 13+).
Regarding claim 2, the method of claim 1, wherein the tensioning member comprises a woven fabric (see para. [0069], lines13-15).
Regarding claim 3, the method of claim 1, wherein the first connecting member (see Figs. 10-11: top member 31) and the second connecting member (see Figs. 10-11: top member 31) of each of the plurality of pairs of connecting members (see Figs. 10-11: top members 31) comprises a covering layer (see Figs. 10-11: bottom member 31) connected to the wall (1 or 2) of the inflatable chamber and a fiber layer (see claims 4-5).
Regarding claim 4, the method of claim 1, further comprising, prior to the welding (see Fig. 3 or 20), disposing the plurality of tensioning members and the plurality of pairs of connecting members in the inflatable chamber.
Regarding claim 5, the method of claim 1, wherein sewing the first side of each of the plurality of tensioning members to the first connecting member forms a plurality of first rows of stitches on the first side of the plurality of tensioning members (see Fig. 1 and para. [0080], lines 12+).
Regarding claim 6, the method of claim 1, wherein sewing the second side of each of the plurality of tensioning members to the second connecting member forms a plurality of second rows of stitches on the second side of the plurality of tensioning members (see Fig. 1 and para. [0080], lines 12+).
Regarding claim 7, the method of claim 1, wherein the plurality of tensioning members are indirectly connected to the wall of the inflatable chamber through the plurality of pairs of connecting members (see Fig. 1).
Regarding claim 8, the method of claim 1, wherein each of the plurality of tensioning members include a fiber layer (see claims 4-5 and Fig. 11: the portion of 32 on 31) and each of the plurality of connecting members include a connecting strip (31), and the plurality of tensioning members are connected to the plurality of connecting members by sewing the fiber layer of each of the plurality of tensioning members to the connecting strip of each of the plurality of connecting members (see Fig. 1 and para. [0080], lines 12+).
Regarding claim 9, Lin discloses a method of assembling an inflatable product (see Fig. 3 or 20) comprising an inflatable chamber, the method comprising disposing, in the inflatable chamber, a connecting member (31) having a first covering layer and a second covering layer; disposing, in the inflatable chamber, a tensioning member (32), the tensioning member including a woven fabric (see para. [0069], lines 13-15); attaching the woven fabric to the first covering layer of the connecting member (see Fig. 1 and para. [0080], lines 1+); and welding the first covering layer of the connecting member to a chamber wall of the inflatable chamber (see Fig. 1 and para. [0080], lines 1+).
Regarding claim 10, the method of claim 9, wherein the woven fabric includes a plurality of strands and the woven fabric is attached to the first covering layer by sewing (see Fig. 1 and para. [0080], lines 12+).
Regarding claim 11, the method of claim 10, wherein the plurality of strands (32) are formed in parallel to a width direction of the connecting member (see Fig. 1).
Regarding claim 12, the method of claim 10, wherein sewing the woven fabric to the first covering layer forms a plurality of threads (via the sewing machine) between the woven fabric and the first covering layer.
Regarding claim 13, as best understood, the method of claim 12, wherein the plurality of threads are arranged obliquely to the plurality of threads (see Fig. 3: about 31).
Regarding claim 14, the method of claim 9, wherein the tensioning member is indirectly connected to a wall of the inflatable chamber through the connecting member (see Fig. 1).
Regarding claim 15, the method of claim 9, wherein the first covering layer includes a mesh structure (see Figs. 3 and 9: about 31), and the woven fabric is attached to the first covering layer such that the woven fabric is interlaced with the mesh structure of the first covering layer.
Regarding claim 16, Lin discloses a method of assembling an inflatable product (see Fig. 3 or 20) comprising an inflatable chamber, the method comprising disposing, in the inflatable chamber, a plurality of connecting members (31) and a plurality of tensioning members (32); attaching a first side of each of the plurality of tensioning members to at least one of the plurality of connecting members (see Fig. 1 and para. [0080], lines 1+); attaching a second side of each of the plurality of tensioning members to at least one of the plurality of connecting members (see Fig. 1 and para. [0080], lines 1+); and welding a covering layer (see Figs. 10-11: top 31) of each of the plurality of connecting members to a chamber wall of the inflatable chamber (see Fig. 1 and para. [0080], lines 1+); wherein each of the plurality of tensioning members comprises a woven fabric (see para. [0069], lines 13-15), and the woven fabric of each of the plurality of tensioning members is attached to the covering layer (see Figs. 10-11: top 31) of at least one of the plurality of connecting members.
Regarding claim 17, the method of claim 16, wherein attaching the first side of each of the plurality of tensioning members to the at least one of the plurality of connecting member forms a plurality of first rows of stitches on the first side of the plurality of tensioning members (see Fig. 3 and para. [0080], lines 12+).
Regarding claim 18, the method of claim 17, wherein attaching the second side of each of the plurality of tensioning members to the at least one of the plurality of connecting members forms a plurality of second rows of stitches on the second side of the plurality of tensioning members (see Fig. 3 and para. [0080], lines 12+).
Regarding claim 15, the method of claim 16, wherein the covering layer includes a mesh structure (see Figs. 3 and 9: about 31), and the woven fabric is attached to the covering layer such that the woven fabric is interlaced with the mesh structure of the covering layer.
Regarding claim 20, the method of claim 16, wherein the plurality of tensioning members are indirectly connected to a wall of the inflatable chamber through the plurality of connecting members (see Fig. 1).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 7, 9-11, 14, 16, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-10 of U.S. Patent No. 12,305,418 (hereinafter Huang). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims 7, 14 and 20 are obvious via claim 8, lines 25+ of Huang where the plurality of tensioning members are connected to a second surface of a corresponding first and second connecting members having a first surface connected to the walls of the inflatable chamber. Hence, the limitation of “the plurality of tensioning members are indirectly connected to the wall of the inflatable chamber through the plurality of pairs of connecting members” is fully met by Huang.
Claims 9 and 16 are obvious over Huang where lines 6-22 of Huang’s claim 8 are directed to the connecting member(s) as claimed and lines 25-40 are directed to the tensioning member(s) as claimed.
Claims 10-11 are obvious over Huang’s claim 9 which is directed to the plurality of parallel strands.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2015/0335164 (Liu) teaches an analogous device which is applicable to the instant invention similarly to the Lin discussed above.
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754
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