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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3-9, and 12 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by US 7017195 (Buckman et al.).
Regarding claim 1, ‘195 discloses: an air injection kit for clothing [all items in fig. 1a can be considered a kit for clothing item in fig. 1a], comprising:
a plurality of air modules attached to different corresponding areas of the clothing [elements 12 and any component parts form a “plurality of air modules”; fig. 1; pars. 21-29];
an air injection module coupled to at least one of the air modules and configured to inject air into the at least one of the air modules [elements 18 and any component parts form “air injection module”; fig. 1; pars. 21-29]; and
a connection module having two ends and configured such that the two ends are coupled to the plurality of air modules and are configured to deliver the air injected through the air injection module between the air modules [manifold 28 and connective component parts form a “connection module”; fig. 1; pars. 21-29].
Regarding cancelled claim 2 now incorporated into claim 1, ‘195 discloses: wherein each of the air modules comprise a plurality of air accommodation parts which are formed between a first piece of fabric and a second piece of fabric arranged to face each other and in which the injected air is accommodated [‘195 states, “The APG shorts can be fabricated from two separate fabric layers of non-gas-porous material, such as, but not limited to, rip-stop nylon, polyester, Kevlar, polyolefin, ePTFE, and the like. The separate layers can be further subdivided into pockets or chambers that are isolated from each other [par. 14, Summary]…
“The chambers 12 are isolated regions within the APG shorts 10 that cushion the impact between the wearer and the object being hit by the wearer. The chambers 12 are connected to the high pressure or compressed gas source 18 by a manifold 28. A valve 20 may be contained to control and enable the gas flow from the compressed gas source 18 to the manifold 28. The entry to each chamber 12 is a chamber inlet port 30. Each chamber inlet port 30 may be connected to the manifold 28 by a one-way valve 32. The valve 20 is opened or closed by the logic controller 22, which is further powered by a power supply 24. Inputs to the logic controller 22 are electrically connected to a plurality of accelerometers 14 and/or a plurality of gyroscopes 16 by an electrical bus 26. The APG short also comprise a plurality of non-inflatable regions 46. All components are affixed to the APG shorts 10 (par. 22).”], and
wherein the plurality of air accommodation parts are formed to communicate with each other such that when the air is injected into at least one of the air modules through the air injection module, the air is delivered to the plurality of air accommodation parts [these functional limitations are inherent to the structures recited in pars. 14 and 22 above as the chambers 12 are disclosed as formed between two layers of fabric].
Regarding cancelled claim 11 now incorporated into claim 1, ‘195 discloses: wherein at least one joining area in which the first piece of fabric and the second piece of fabric are joined to each other to partition at least a portion of the air accommodation part from another adjacent air accommodation part [38 in fig. 1b and spacing between each chamber in fig. 1a] and at least one non-joining area [42 in fig. 1b] in which the first piece of fabric and the second piece of fabric are not joined to each other to allow the air accommodation part to air-communicate with the another adjacent air accommodation part are formed in around the air accommodation part [explicitly shown in figs. 1a and fig. 1b; and in par. 14 disclosure of the chambers formed between two layers of fabric], and
wherein, when air is injected into the air module through the air injection module, the air is delivered to the plurality of air accommodation parts through the non-joining area [shown explicitly in figs 2a and 2b].
Regarding claim 3, ‘195 discloses: wherein the air injection module and the connection module are coupled to communicate with at least one of the plurality of air accommodation parts formed in the at least one of the air modules [par. 22, states, “The chambers 12 are connected to the high pressure or compressed gas source 18 by a manifold 28.”].
Regarding claim 4, ‘195 discloses: wherein the air injection module includes:
an air injection part in which an air passage opens or closes according to an operation of a user is formed and the air is injected by the user [valve 20; par. 22];
a coupling part fixedly coupled to the first piece of fabric or the second piece of fabric to communicate with a first air accommodation part of the plurality of air accommodation parts [30 inlet port; par. 22 discloses communication with chamber and therefore its inner and outer walls]; and
an extension tube that connects the coupling part and the air injection part [inherently there is at least some amount of duct/tube of the manifold that connects valve 20 to inlet port 30 for inflation to occur].
Regarding claim 5, ‘195 discloses: wherein the coupling part includes:
a junction of which one surface is joined to one area of the first piece of fabric or the second piece of fabric forming an inner surface of the first air accommodation part and through which an air communication hole passes [inherent to the inflation of chambers 12 as disclosed in pars. 21-29]; and
a protrusion extending from a circumference of the air communication hole and protruding outward from the first air accommodation part after passing through the first piece of fabric or the second piece of fabric [inherent to the disclosure of an inlet port connection to the manifold par. 22], and
wherein one end of the extension tube is coupled to one end of the protrusion to communicate with the air communication hole [inherent to the disclosure of an inlet port connection to the manifold par. 22].
Regarding claim 6, ‘195 discloses: the protrusion includes:
a first area extending in a first direction from the junction toward an outside of the first air accommodation part [inherent to the disclosure of the inlet port connection to the manifold par. 22]; and a second area extending from an end of the first area in a second direction parallel to an outer surface of the first piece of fabric or the second piece of fabric [inherent to the disclosure of the inlet port connection to the manifold par. 22], and wherein the one end of the extension tube is coupled to the second area [inherent to the disclosure of the inlet port connection to the manifold par. 22].
Regarding claim 7, ‘195 discloses: wherein the connection module includes:
a first coupling part and a second coupling part fixedly coupled to the first piece of fabric or the second piece of fabric to communicate with a first air accommodation part that is one of a plurality of air accommodation parts of a first air module of the at least one of the air modules and a second air accommodation part that is one of a plurality of air accommodation parts of a second air module of the at least one of the air modules [inherent to the disclosure of the inlet port connection and valves 20 of the plurality inflatable chambers 12 to the manifold and to each other par. 22]; and
a connection tube of which both ends are coupled to the first coupling part and the second coupling part, respectively, to communicate with the first air accommodation part and the second air accommodation part [the duct/tubing portion of manifold that extends between each chamber 12/valve 20].
Regarding claim 8, ‘195 discloses: wherein the first coupling part includes:
a junction of which one surface is joined to one area of the first piece of fabric or the second piece of fabric forming an inner surface of the first air accommodation part and through which an air communication hole passes [inherent to the disclosure of the inlet port connection and valves 20 of the plurality inflatable chambers 12 to the manifold and to each other par. 22]; and
a protrusion extending from a circumference of the air communication hole and protruding outward from the first air accommodation part after passing through the first piece of fabric or the second piece of fabric [inherent to the disclosure of an inlet port connection/valves of each chamber 12 to the manifold par. 22], and
wherein one end of the connection tube is coupled to one end of the protrusion to communicate with the air communication hole [inherent to the disclosure of the inlet port connection and valves 20 of the plurality inflatable chambers 12 to the manifold and to each other par. 22].
Regarding claim 9, ‘195 discloses: wherein the protrusion includes:
a first area formed by extending in a first direction from the junction to an outside of the first air accommodation part [inherent to the disclosure of an inlet port connection/valves of each chamber 12 to the manifold par. 22]; and
a second area formed by extending from an end of the first area in a second direction parallel to an outer surface of the first piece of fabric or the second piece of fabric [inherent to the disclosure of an inlet port connection/valves of each chamber 12 to the manifold par. 22], and
wherein the one end of the connection tube is coupled to the second area [inherent to the disclosure of the inlet port connection and valves 20 of the plurality inflatable chambers 12 to the manifold and to each other par. 22].
Regarding claim 12, ‘195 discloses: wherein at least one air circulation hole is formed in at least a portion of the joining area formed around the plurality of air accommodation parts of the at least one of the air modules while passing through the first piece of fabric and the second piece of fabric [one way valves 32 and valves 20 in par. 22 both can be considered to be “air circulation holes” as claimed].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7017195 (Buckman et al.).
Regarding claim 10, ‘195 discloses: wherein at least a portion of the second area is inserted into the one end of the connection tube such that the connection tube is coupled to the protrusion, and wherein the connection tube is coupled so that the connection tube is separated from the protrusion by a predetermined external force or more [inherent to the disclosure of the inlet port connection and valves 20 of the plurality inflatable chambers 12 to the manifold and to each other par. 22].
The limitation of claim 10 not disclosed is that the connection tube is detachably attached.
However the MPEP 2144.04 is clear:
Making Separable
In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is “press fitted” and therefore not manually removable. The court held that “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.”).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify any connection portions of a device to be detachable/separable so as to allow the user to access these connection portions to allow for repair, replacement, cleaning, adjustment, etc. of the portions that are connected to each other.
Response to Arguments
Applicant's arguments filed 5/18/2026 have been fully considered but they are not persuasive.
It is noted that the abstract and the 112 rejections in the non-final office action have been corrected.
Current claim 1 is currently amended to incorporate previously and currently rejected limitations from cancelled claims 2 and 11.
Current claim 1 is rejected in the same manner as previously rejected in the non-final office action.
The examiner has further clarified specific recitations from ‘195 Buckman disclosing the elements 12 of the device are formed by two fabric air impermeable fabric layers which further are sub-divided into pockets/chambers that are isolated from each other. The figures show all chambers 12 in ‘air connection’ to manifold and therefore to each other.
All claimed language is addressed.
Assertions otherwise are clearly refuted above.
Assertion regarding “the entire kit may be inflated through a single air injection module (200) without forming separate air injection ports for each of the plurality of air accommodation parts (110) or each of the plurality of air modules (100-1, 100-2).”; are not currently required by the claim language. Additionally, any inflation of a chamber must go through ‘an injection port’, (i.e. an opening that allows injection of air), in each chamber.
Further, the air manifold of ‘195 does provide a single inflation module that inflates each chamber.
Since all arguments and claim amendments are fully addressed the rejection remains and is considered to be proper.
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 ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
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