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 .
Response to Amendment
Applicant’s amendment, filed 26 June 2026, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Newly Added
21-40
Canceled
1-20
Pending
21-40
Presented for Examination
21-40
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Drawings
The drawings were received on 26 June 2026. These drawings are acceptable to enter but do not overcome the objections set forth below.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second portions (claims 21-24, 27-28, 31, and 36; providing one or more of the existing figures with reference numbers for the first and second portions would be sufficient to overcome this objection), a bellows-like structure (claims 32 and 39), one or more respective through-holes/ a plurality of respective through-holes (claims 33 and 39), the outer cover expands in thickness (claim 37; FIGS 11 and 15 show the outer cover 5 in cross section and the thickness appears to be consistent; however, the height between the inner and outer covers does increase as the bladder is inflated, but it is not clear if that is what Applicant is intending to claim) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: a bellows-like structure (claims 32 and 39), one or more respective through-holes/ a plurality of respective through-holes (claims 33 and 39), the outer cover expands in thickness (claim 37; para. 0035 has support for the height between the inner and outer covers increasing as the bladder is inflated, but it is not clear if that is what Applicant is intending to claim, and the disclosure is silent as to the thickness of the outer cover).
Claim Objections
Claims 21 and 36 are objected to because of the following informalities: insert –wearable—before “protection device” for consistency through the claims. Appropriate correction is required.
Claim 39 is objected to because of the following informalities: insert—respective—before “first wall of the second layer” in line 7. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 36-39 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The last line of claim 36 structurally relies on the human anatomy “the bladder rests on the shoulders and around the neck of a user.” This rejection may be overcome by amending the recitation to a proper functional recitation (e.g. --the bladder adapted to rest on the shoulders and around the neck of a user--).
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 32-35, 37, and 39-40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The new matter is a bellows-like structure (claims 32 and 39), one or more respective through-holes/ a plurality of respective through-holes (claims 33 and 39), the outer cover expands in thickness (claim 37; para. 0035 has support for the height between the inner and outer covers increasing as the bladder is inflated, but it is not clear if that is what Applicant is intending to claim, and the disclosure is silent as to the thickness of the outer cover).
Claims that depend from a rejected claim are also rejected.
Claim Rejections - 35 USC § 112(b)
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 32-35 and 36-40 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.
Claims 32 and 39 are indefinite for the term “bellows-like.” The term "bellows-like" is indefinite as it is not clear what structure the term encompasses. To what extent must an element look like a bellows in order to be considered "bellows-like?"
Claims 34 and 39 are indefinite for the recitation “a plurality of respective through holes” following the recitation “one or more respective through holes” because it is not clear if the plurality is in addition to or included in the “one or more” through holes.
Claim 36 recites the limitation "the shoulders" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 37 is indefinite because it is not clear if “expands in thickness” is a structural or a functional recitation. Does the outer cover have a varying thickness or is this the function of inflating the bladder?
Claims that depend from a rejected claim are also rejected.
All claims are examined as best understood.
Claim Rejections - 35 USC § 102
Claim(s) 21-30, 36-37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ronco (US 20140110924 A1).
As to claim 21, Ronco discloses a wearable protection device for a neck of a mammal (“PROTECTION DEVICE,” title, capable of being worn such as in a garment pocket as disclosed in paras. 0003 and 0005, capable of protecting a neck), said protection device comprising:
an envelope including an inner cover (10 and 108 in FIG 3) and an outer cover (9 and 107 in FIG 3) defining a compartment therebetween (occupied by 3 in FIG 3), wherein the envelope is configured to delimit a seat configured to accommodate a neck of a user wearing the wearable protection device (capable of delimiting a seat, capable of accommodating a neck), a bladder housed in the compartment of the envelope and configurable between a deflated condition and an inflated condition (3, capable of having a deflated and inflated condition), wherein an internal volume of the bladder in the deflated condition is less than an internal volume of the bladder in the inflated condition (capable of having the claimed volumes), wherein the outer cover of the envelope comprises:
a first portion made of a first material and arranged at an outer peripheral portion of the outer cover (a portion of 107 at a peripheral portion of 107); and a second portion made of a second material and arranged at an inner peripheral portion of the outer cover delimiting the seat (a portion of 9at a peripheral portion of 9); wherein the first material of the first portion of the outer cover is less elastically deformable than the second material of the second portion of the outer cover (107 is polyester and 9 is polyurethane, and according to claim 29 these are the materials having the claimed properties).
As to claim 22, Ronco discloses the wearable protection device of claim 21, wherein the first material of the first portion of the outer cover has a lower elastic elongation than the second material of the second portion of the outer cover (107 is polyester and 9 is polyurethane, and according to claim 29 these are the materials having the claimed properties).
As to claim 23, Ronco discloses the wearable protection device of claim 21, wherein the inner cover of the envelope comprises: a first portion made of a first material and arranged at an outer peripheral portion of the inner cover (a portion of 108 at a peripheral portion of 108); a second portion made of a second material and arranged at an inner peripheral portion of the inner cover (a portion of 10 at a peripheral portion of 10); and wherein the first material of the first portion of the inner cover is less elastically deformable than the second material of the second portion of the inner cover (108 is polyester and 10 is polyurethane, and according to claim 30 these are the materials having the claimed properties).
As to claim 24, Ronco discloses the wearable protection device of claim 23, wherein the first material of the first portion of the inner cover has a lower elastic elongation than the second material of the second portion of the inner cover (108 is polyester and 10 is polyurethane, and according to claim 30 these are the materials having the claimed properties).
As to claim 25, Ronco discloses the wearable protection device of claim 23, wherein the inner cover of the envelope and the outer cover of the envelope are joined to each other at respective outer peripheral portions thereof (FIG 3), wherein the bladder is joined to at least one of: the outer peripheral portion of the inner cover of the envelope, or the outer peripheral portion of the outer cover of the envelope (FIG 3, all of the components are joined directly or indirectly to one another).
As to claim 26, Ronco discloses the wearable protection device of claim 23, wherein at least 70% of a surface extent of each of the inner cover and the outer cover of the envelope is in contact with the bladder in each of the deflated condition and the inflated condition (capable of being in contact, as shown in FIG 3; it is noted that the deflated and inflated conditions are functional and not structural recitations, as set forth in claim 21).
As to claim 27, Ronco discloses the wearable protection device of claim 23, wherein the first portion of the inner cover has a surface extent greater than a surface extent of the second portion of the inner cover (Examiner notes that the term "portion" is broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); Applicant has not defined the boundaries of the portions; therefore, the portions are left up to interpretation, and the first portion has a greater surface extent than the second portion).
As to claim 28, Ronco discloses the wearable protection device of claim 23, wherein the envelope is formed by the inner cover and the outer cover (FIG 3), and wherein the second portion of the outer cover and the second portion of the inner cover collectively define from 10% to 40% of a combined surface extent of the inner cover and the outer cover (Examiner notes that the term "portion" is broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); Applicant has not defined the boundaries of the portions; therefore, the portions are left up to interpretation, and the second portions collectively define 10-40% of the combined inner and outer covers).
As to claim 29, Ronco discloses the wearable protection device of claim 21, wherein the first material of the outer cover comprises a fabric including at least one of: nylon, polyester (para. 0039), cotton, synthetic aramid fiber, leather, nonwoven fabric, or poly(p-phenylene terephthalamide, and wherein the second material of the outer cover comprises at least one of: materials: rubber, polyurethane (para. 0030), or synthetic fibers of polyurethane.
As to claim 30, Ronco discloses the wearable protection device of claim 23, wherein the first material of the inner cover comprises a fabric including at least one of: nylon, polyester (para. 0039), cotton, synthetic aramid fiber, leather, nonwoven fabric, or poly(p-phenylene terephthalamide), and wherein the second material of the inner cover comprises at least one of the following materials: rubber, polyurethane (para. 0030), or polyurethane synthetic fibers.
As to claim 36, Ronco discloses a wearable protection device for a neck of a mammal (“PROTECTION DEVICE,” title, capable of being worn such as in a garment pocket as disclosed in paras. 0003 and 0005, capable of protecting a neck), said protection device comprising:
an envelope including an inner cover (10 and 108 in FIG 3) and an outer cover (9 and 107 in FIG 3) defining a compartment therebetween (occupied by 3 in FIG 3), wherein the envelope is configured to delimit a seat configured to accommodate a neck of a user wearing the wearable protection device (capable of delimiting a seat, capable of accommodating a neck), a bladder housed in the compartment of the envelope and configurable between a deflated condition and an inflated condition (3, capable of having a deflated and inflated condition), wherein an internal volume of the bladder in the deflated condition is less than an internal volume of the bladder in the inflated condition (capable of having the claimed volumes), wherein the outer cover of the envelope comprises:
a first portion made of a first material and arranged at an outer peripheral portion of the outer cover (a portion of 107 at a peripheral portion of 107); and a second portion made of a second material and arranged at an inner peripheral portion of the outer cover delimiting the seat (a portion of 9 at a peripheral portion of 9); wherein the first material of the first portion of the outer cover is less elastically deformable than the second material of the second portion of the outer cover (107 is polyester and 9 is polyurethane, and according to claim 29 these are the materials having the claimed properties); and wherein the bladder rests on the shoulders and around the neck of a user (capable of resting on the shoulders and around the neck).
As to claim 37, Ronco discloses the wearable protection device of claim 36, wherein the inner peripheral portion of the outer cover expands in thickness to cover a preponderant portion of the user's neck (Applicant’s para. 0036 defines the thickness as the height of the envelope and is a function of inflating and deflating the bladder; FIG 3 shows the outer cover expands in height/ thickness from the outer edges toward the interior; capable of covering a user’s neck).
Claim Rejections - 35 USC § 103
Claim(s) 31-35, 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ronco (US 20140110924 A1) as applied to claim 36 above, and further in view of Osuchowski (US 3930667 A).
As to claim 31, Ronco discloses a wearable protection device for a neck of a mammal (“PROTECTION DEVICE,” title, capable of being worn such as in a garment pocket as disclosed in paras. 0003 and 0005, capable of protecting a neck), said protection device comprising:
an envelope including an inner cover (10 and 108 in FIG 3) and an outer cover (9 and 107 in FIG 3) defining a compartment therebetween (occupied by 3 in FIG 3), wherein the envelope is configured to delimit a seat configured to accommodate a neck of a user wearing the wearable protection device (capable of delimiting a seat, capable of accommodating a neck), a bladder housed in the compartment of the envelope and configurable between a deflated condition and an inflated condition (3, capable of having a deflated and inflated condition), wherein an internal volume of the bladder in the deflated condition is less than an internal volume of the bladder in the inflated condition (capable of having the claimed volumes), wherein the outer cover of the envelope comprises:
a first portion made of a first material and arranged at an outer peripheral portion of the outer cover (a portion of 107 at a peripheral portion of 107); and a second portion made of a second material and arranged at an inner peripheral portion of the outer cover delimiting the seat (a portion of 9at a peripheral portion of 9); wherein the first material of the first portion of the outer cover is less elastically deformable than the second material of the second portion of the outer cover (107 is polyester and 9 is polyurethane, and according to claim 29 these are the materials having the claimed properties).
Ronco does not disclose the wearable protection device of claim 36, wherein the bladder comprises a first layer and a second layer stacked one over the other in a thickness direction of the bladder, and wherein the first layer of the bladder defines a first inflatable chamber, and wherein the second layer of the bladder defines a second inflatable chamber in fluid communication with the first inflatable chamber.
Ronco discloses the envelope houses a single bladder layer.
Osuchowski teaches a similar wearable protection device including the envelope (suit 13) houses a plurality of bladder layers (13a-13k in FIG 2) including:
the bladder comprises a first layer and a second layer stacked one over the other in a thickness direction of the bladder (each of 13a-13k is considered to be a layer, the direction in which they are stacked is considered to be “a thickness direction” without any other directions defined or any specific limitations of the thickness direction being claimed), and wherein the first layer of the bladder defines a first inflatable chamber (one of 13a-13k), and wherein the second layer of the bladder defines a second inflatable chamber in fluid communication with the first inflatable chamber (another of 13a-13k, in communication via check valves 20 or similar valves; col 4 line 10-20 discloses 13d is in respective communication with 13a, 13b, and 13c via valves 20; col 4 line 60-70 discloses 13d is in respective communication with 13f and 13g via valves; col 5 line 5-15 discloses 13h and 13i communicate with 13g via 20 and 13k communicates with 13g via 20).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bladder layer of Ronco with a second bladder layer as taught by Osuchowski, in order separately inflate portions of the envelop so that in the event of rupture of any one bladder, the entire envelope will not be deflated (Osuchowski col 4 line 10-20).
As to claims 32-34, Ronco as modified does not disclose the wearable protection device of claim 31, wherein the first layer of the bladder comprises a first wall and a second wall joined to one another at a peripheral edge to define the first inflatable chamber, wherein the second layer of the bladder comprises a respective first wall and a respective second wall joined to one another at a respective peripheral edge to define the second inflatable chamber, wherein the second wall of the first layer is facing and joined to the first wall of the second layer to define a bellows-like structure, wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include one or more respective through-holes aligned with one another to place the first inflatable chamber in fluid communication with the second inflatable chamber, wherein the bladder extends along a longitudinal trajectory, and wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include a plurality of respective through- holes distributed along the longitudinal trajectory of the bladder.
Osuchowski’s figures do not show the structure of 13d with respect to 13a-c and 13f-g or the structure of 13g with respect to 13h-I and 13k such that it can be determined how the walls are aligned. However, one of ordinary skill would expect that in order to communicate via valves as intended, they necessarily share a wall or have abutting side walls where the valves are located.
Osuchowski refers to 13d as a “header” and refers to another element 31 also as a header. Although Osuchowski expressly discloses header 13d is inflatable and is silent as to whether header 31 is inflatable, one of ordinary skill would expect that because they have the same name and function, they also have a similar structure.
Osuchowski FIG 5 shows that the first layer of the bladder comprises a first wall and a second wall joined to one another at a peripheral edge to define the first inflatable chamber (31 has a wall at 20 and a wall opposite 20), wherein the second layer of the bladder comprises a respective first wall and a respective second wall joined to one another at a respective peripheral edge to define the second inflatable chamber (13h has a wall at 20 and obviously has a wall opposite 20 in order to form a sealed bladder as intended), wherein the second wall of the first layer is facing and joined to the first wall of the second layer to define a bellows-like structure (FIG 5, the structure is “bellows-like” as best understood), wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include one or more respective through-holes aligned with one another to place the first inflatable chamber in fluid communication with the second inflatable chamber (valve 20 is a through hole), wherein the bladder extends along a longitudinal trajectory (FIG 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first layer of the bladder comprises a first wall and a second wall joined to one another at a peripheral edge to define the first inflatable chamber, wherein the second layer of the bladder comprises a respective first wall and a respective second wall joined to one another at a respective peripheral edge to define the second inflatable chamber, wherein the second wall of the first layer is facing and joined to the first wall of the second layer to define a bellows-like structure, wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include one or more respective through-holes aligned with one another to place the first inflatable chamber in fluid communication with the second inflatable chamber, wherein the bladder extends along a longitudinal trajectory, such as what is shown in Osuchowski FIG 5 elements 31, 20, and 13h, in order to provide a known means of structure more than one bladder layer within an envelope.
Furthermore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include a plurality of respective through- holes distributed along the longitudinal trajectory of the bladder, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
Further still, providing a plurality of through-holes would allow the bladders to be filled and emptied at the desired speed.
As to claim 35, Ronco as modified discloses the wearable protection device of claim 32, wherein, in the inflated condition of the bladder, the peripheral edge of the first layer and the respective peripheral edge of the second layer are spaced apart from one another along the thickness direction (this is the result of the modification presented in the rejection of claim 31 above, where Ronco is modified to have first and second layers of a bladder as taught by Osuchowski, and Osuchowski’s figures show that at least portions of the peripheral edges are spaced apart from one another along the thickness direction in the inflated and/ or deflated configurations).
As to claim 38, Ronco does not disclose the wearable protection device of claim 36, wherein the bladder comprises a first layer and a second layer stacked one over the other in a thickness direction of the bladder, and wherein the first layer of the bladder defines a first inflatable chamber, and wherein the second layer of the bladder defines a second inflatable chamber in fluid communication with the first inflatable chamber.
Ronco discloses the envelope houses a single bladder layer.
Osuchowski teaches a similar wearable protection device including the envelope (suit 13) houses a plurality of bladder layers (13a-13k in FIG 2) including:
the bladder comprises a first layer and a second layer stacked one over the other in a thickness direction of the bladder (each of 13a-13k is considered to be a layer, the direction in which they are stacked is considered to be “a thickness direction” without any other directions defined or any specific limitations of the thickness direction being claimed), and wherein the first layer of the bladder defines a first inflatable chamber (one of 13a-13k), and wherein the second layer of the bladder defines a second inflatable chamber in fluid communication with the first inflatable chamber (another of 13a-13k, in communication via check valves 20 or similar valves; col 4 line 10-20 discloses 13d is in respective communication with 13a, 13b, and 13c via valves 20; col 4 line 60-70 discloses 13d is in respective communication with 13f and 13g via valves; col 5 line 5-15 discloses 13h and 13i communicate with 13g via 20 and 13k communicates with 13g via 20).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bladder layer of Ronco with a second bladder layer as taught by Osuchowski, in order separately inflate portions of the envelop so that in the event of rupture of any one bladder, the entire envelope will not be deflated (Osuchowski col 4 line 10-20).
As to claim 39, Ronco as modified does not disclose the wearable protection device of claim 38, wherein the first layer of the bladder comprises a first wall and a second wall joined to one another at a peripheral edge to define the first inflatable chamber, wherein the second layer of the bladder comprises a respective first wall and a respective second wall joined to one another at a respective peripheral edge to define the second inflatable chamber, wherein the second wall of the first layer is facing and joined to the first wall of the second layer to define a bellows-like structure, wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include one or more respective through-holes aligned with one another to place the first inflatable chamber in fluid communication with the second inflatable chamber, wherein the bladder extends along a longitudinal trajectory, and wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include a plurality of respective through- holes distributed along the longitudinal trajectory of the bladder.
Osuchowski’s figures do not show the structure of 13d with respect to 13a-c and 13f-g or the structure of 13g with respect to 13h-I and 13k such that it can be determined how the walls are aligned. However, one of ordinary skill would expect that in order to communicate via valves as intended, they necessarily share a wall or have abutting side walls where the valves are located.
Osuchowski refers to 13d as a “header” and refers to another element 31 also as a header. Although Osuchowski expressly discloses header 13d is inflatable and is silent as to whether header 31 is inflatable, one of ordinary skill would expect that because they have the same name and function, they also have a similar structure.
Osuchowski FIG 5 shows that the first layer of the bladder comprises a first wall and a second wall joined to one another at a peripheral edge to define the first inflatable chamber (31 has a wall at 20 and a wall opposite 20), wherein the second layer of the bladder comprises a respective first wall and a respective second wall joined to one another at a respective peripheral edge to define the second inflatable chamber (13h has a wall at 20 and obviously has a wall opposite 20 in order to form a sealed bladder as intended), wherein the second wall of the first layer is facing and joined to the first wall of the second layer to define a bellows-like structure (FIG 5, the structure is “bellows-like” as best understood), wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include one or more respective through-holes aligned with one another to place the first inflatable chamber in fluid communication with the second inflatable chamber (valve 20 is a through hole), wherein the bladder extends along a longitudinal trajectory (FIG 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first layer of the bladder comprises a first wall and a second wall joined to one another at a peripheral edge to define the first inflatable chamber, wherein the second layer of the bladder comprises a respective first wall and a respective second wall joined to one another at a respective peripheral edge to define the second inflatable chamber, wherein the second wall of the first layer is facing and joined to the first wall of the second layer to define a bellows-like structure, wherein the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include one or more respective through-holes aligned with one another to place the first inflatable chamber in fluid communication with the second inflatable chamber, wherein the bladder extends along a longitudinal trajectory, such as what is shown in Osuchowski FIG 5 elements 31, 20, and 13h, in order to provide a known means of structure more than one bladder layer within an envelope.
Furthermore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the second wall of the first layer of the bladder and the respective first wall of the second layer of the bladder each include a plurality of respective through- holes distributed along the longitudinal trajectory of the bladder, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
Further still, providing a plurality of through-holes would allow the bladders to be filled and emptied at the desired speed.
As to claim 40, Ronco as modified discloses the wearable protection device of claim 39, wherein, in the inflated condition of the bladder, the peripheral edge of the first layer and the respective peripheral edge of the second layer are spaced apart from one another along the thickness direction (this is the result of the modification presented in the rejection of claim 38 above, where Ronco is modified to have first and second layers of a bladder as taught by Osuchowski, and Osuchowski’s figures show that at least portions of the peripheral edges are spaced apart from one another along the thickness direction in the inflated and/ or deflated configurations).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732
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