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 .
A power of attorney was filed for this application on 9/5/2025.
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 1-13 and 15-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,408,711. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1-13 and 15-23 are set forth in the scope of claims of ‘711 as follows:
Claim 1: A garment comprising an inflatable protection device and a housing delimited by an inner surface and an outer surface, said inflatable protection device comprising: (“A garment comprising an inflatable protection device and a housing delimited by an inner surface and an outer surface, said inflatable protection device comprising:” lines 1-3 of claim 1 of ‘711)
at least one inflatable bag housed in said housing and moveable between a rest condition in a deflated status, and an operating condition in an inflated status; (“at least one inflatable bag housed in said housing and moveable between a rest condition in a deflated status and an operating condition in an inflated status;” lines 4-6 of claim 1 of ‘711);
an inflation means connected with said at least one inflatable bag and triggerable for selectively inflating said at least one inflatable bag; (“an inflation means connected with said at least one inflatable bag and triggerable for selectively inflating said at least one inflatable bag;” lines 7-9 of claim 1 of ‘711);
wherein said at least one inflatable bag is manufactured with an elastic material and wherein said at least one inflatable bag in said rest condition occupies a limited portion of said housing, whereby a portion of the inner and outer surfaces defining the housing are uncovered by the at least one inflatable bag. (“wherein said at least one inflatable bag is manufactured with an elastic material and….. wherein said at least one inflatable bag when in said rest condition occupies a limited portion of said housing, whereby a portion of the inner and outer surfaces are uncovered by the at least one inflatable bag;” lines 13-14 and 22-26 of claim 1 of ‘711).
Claim 2: The garment of claim 1, characterized in that said at least one inflatable bag, in said operating condition, occupies a portion of said housing which is bigger than the portion occupied when it is in the rest condition.” (“The garment of claim 1, characterized in that said at least one inflatable bag, in said operating condition, occupies a portion of said housing which is bigger than the portion occupied when it is in the rest condition.”)
Claim 3: The garment according to claim 2, characterized in that said housing has an inner volume, said at least one inflatable bag being designed to fill all the volume of said housing in said operating condition. (“The garment according to claim 2, characterized in that said housing has an inner volume, said at least one inflatable bag configured to fill all the volume of said housing in said operating condition.” Lines 1-4 of claim 3 of ‘711)
Claim 4: The garment according to claim 1, characterized in that said inflatable protection device comprises at least one casing designed for housing one or more inflatable bags. (“at least one casing designed for housing said at least one inflatable bag” Lines 10-12 of claim 1 of ‘711)
Claim 5: The garment according to claim 3, characterized in that said at least one inflatable bag when in said operating condition has a shape which is complementary to the shape of said housing. (“The garment according to claim 3, characterized in that said at least one inflatable bag when in said operating condition has a shape which is complementary to the shape of said housing.” Lines 1-4 of claim 4 of ‘711).
Claim 6: The garment according to claim 1, characterized in that said elastic material comprises one or more types of rubber. (“The garment according to claim 1, characterized in that said elastic material comprises one or more types of rubber.” Lines 1-2 of claim 5 of ‘711)
Claim 7: The garment as claimed in claim 6, characterized in that said one or more types of rubber is natural rubber. (“The garment according to claim 5, characterized in that said one or more types of rubber is natural rubber.” Lines 1-2 of claim 6 of ‘711).
Claim 8: The garment according to claim 6, characterized in that said material has an elongation higher than 10% relative to the size of the bag in the rest condition, and preferably comprised between 30% and 1000%. ( “the housing being of a larger size that the at least one inflatable bag in the rest condition so as to accommodate any expansion of said at least one inflatable bag ranging from between 30% and 1000% greater than said at least one inflatable bag in the rest condition;” Lines 16-21 of claim 1 of ‘711)
Claim 9: The garment according to claim 1, characterized by comprising a front portion configured to be positioned at the chest of the user, and a back portion configured to be positioned at the back of the user, said front and back portion having respective housings. (“The garment according to claim 1, characterized by comprising a front portion configured to be positioned at the chest of the user, and a back portion configured to be positioned at a back of the user, said front and back portion having respective housings.” Lines 1-5 of claim 7 of ‘711).
Claim 10: The garment according to claim 9, characterized in that said at least one inflatable bag comprising a front part housed in the housing of the front portion and a back part housed in the housing of the back portion. (“The garment according to claim 7, characterized in that said at least one inflatable bag comprises a front part housed in the housing of the front portion and a back part housed in the housing of the back portion.” Lines 1-4 of claim 8 of ‘711).
Claim 11: The garment according to claim 1, characterized in that the inner and outer surfaces of the housing are connected by means of at least one flexible tie member. (“The garment according to claim 1, characterized in that the inner and outer surfaces of the housing are connected by means of at least one flexible tie member.” Lines 1-3 of claim 10 of ‘711).
Claim 12: The garment according to claim 1, characterized in that the inner and outer surfaces of the housing are sealed along their perimetric edges. (“The garment according to claim 1, characterized in that the inner and outer surfaces of the housing are sealed along their perimetric edges.” Lines 1-3 of claim 15 of ‘711).
Claim 13: The garment according to claim 4, characterized in that the at least one casing is made with a breathable material. (“The garment according to claim 1, characterized in that the casing is made with a mesh material” Lines 1-2 of claim 16 of ‘711). Note that breathable material is a more broad recitation of a mesh material.
Claim 15: The garment according to claim 4, characterized in that the at least one casing coincides with a portion of the housing. (“at least one casing designed for housing said at least one inflatable bag, the at least one casing coinciding with at least a portion of the housing” Lines 10-12, claim 1 of ‘711).
Claim 16: The garment according to claim 4 characterized in that the at least one casing is made with a mesh material. (“The garment according to claim 1, characterized in that the casing is made with a mesh material.” Lines 1-2 of claim 16 of ‘711).
Claim 17: The garment according to claim 11, further comprising a plurality of tie members, wherein said tie members are designed to remain untensioned inside the housing when the at least one inflatable bag is in its rest condition and wherein said tie members are tensioned when the at least one inflatable bag moves from its rest condition to the operating condition, thereby limiting a distance between the inner surface and the outer surface of the housing. (“The garment according to claim 10, further comprising a plurality of tie members, wherein said tie members are designed to remain untensioned inside the housing when the at least one inflatable bag is in its rest condition and wherein said tie members are tensioned when the at least one inflatable bag moves from its rest condition to the operating condition, thereby limiting a distance between the inner surface and the outer surface of the housing” Lines 1-8 of claim 11 of ‘711).
Claim 18: The garment according to claim 17, characterized in that when the at least one inflatable bag moves into the operating condition said at least one inflatable bag assumes a planar shape. (“The garment according to claim 11, characterized in that when the at least one inflatable bag moves into the operating condition said at least one inflatable bag assumes a planar shape.” Lines 1-4 of claim 14 of ‘711).
Claim 19: The garment according to claim 1, wherein said garment comprises a plurality of inflatable bags, the plurality of inflatable bags being arranged inside corresponding housings delimited by partitions provided in the garment. (“The garment according to claim 1, wherein the at least one inflatable bag of the garment comprises a plurality of inflatable bags, the plurality of inflatable bags being arranged inside corresponding housings delimited by partitions provided in the garment.” Lines 1-5 of claim 17 of ‘711).
Claim 20: The garment according to claim 1, wherein said garment comprises a first front flap and a second front flap, wherein said at least one inflatable bag comprises a front part having two independent portions, one front portion of the at least one inflatable bag being arranged at the first front flap of the garment and one front portion of the at least one inflatable bag being arranged at the second front flap of the garment. (“The garment according to claim 1, wherein said garment comprises a first front flap and a second front flap, wherein said at least one inflatable bag comprises a front part having two independent portions, one front portion of the at least one inflatable bag being arranged at the first front flap of the garment and one front portion of the at least one inflatable bag being arranged at the second front flap of the garment.” Lines 1-8 of claim 18 of ‘711.)
Claim 21: The garment according to claim 20, characterized in that said front portions of said at least one inflatable bag have a lobe shape. (“The garment according to claim 18, characterized in that said front portions of said at least one inflatable bag have a lobe shape.” Lines 1-3 of claim 19 of ‘711.)
Claim 22: The garment according to claim 17, characterized in that said plurality of tie members are arranged in a row. (“The garment according to claim 22, characterized in that said plurality of tie members are arranged in a row.” Lines 1-2 of claim 12 of ‘711).
Claim 23: The garment according to claim 17, characterized in that when the at least one inflatable bag moves into the operating condition said at least one inflatable bag wraps and encircles one or more tie members and/or connection elements positioned inside the housing, the at least one inflatable bag assuming a finger or wave shape into the operating condition. (“The garment according to claim 11, characterized in that when the at least one inflatable bag moves into the operating condition said at least one inflatable bag wraps and encircles one or more tie members and/or connection elements positioned inside the housing, the at least one inflatable bag assuming a finger or wave shape into the operating condition.” Lines 1-7 of claim 13 of ‘711).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,408,711 in view of Steiner (U.S. 4,397,046). The claims of ‘711 do not teach the garment according to claim 4, characterized in that the at least one casing coincides with the whole housing. Steiner teaches an inflatable device with an inflatable rubber bag 6 housed in a housing (defined by belt 1, nape protecting element 3, and vertebral column protecting element 2), the bag encompassed by sheath 7 of an elastic textile such that the casing coincides with the whole housing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the claims of ‘711 to recite the at least one casing coincides with the whole housing, particularly as claim 1 of ‘711 recites the casing coincides with a portion of the housing and one of ordinary skill could have looked to Steiner for a teaching of the casing coinciding with the whole housing such that the casing provides an additional protective layer around the inflatable bag.
Claim Objections
Claims 7, 8, and 19 are objected to because of the following informalities:
Claim 7: “The garment as claimed in claim 6,” should be changed to recite “The garment according to claim 6,” for consistent preamble language throughout all claims,
Claim 8: “said material” should be revised to recite “said elastic material”.
Claim 19 should be revised to reflect that the “at least one inflatable bag” of claim 1 is being further limited by claim 19 as follows: “wherein said at least one inflatable bag is a plurality of inflatable bags”.
Appropriate correction is required.
Drawings
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 plurality of inflatable bags arranged inside corresponding housings delimited by partitions provided in the garment (claim 19) 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.
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.
Claims 4, 8, and 13-16 are rejected under 35 U.S.C. 112(b) 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 4 recites “one or more inflatable bags.” and depends from claim 1. However, claim 1 recites “at least one inflatable bag”. Is claim 4 intended to further limit the “at least one inflatable bag”? The claim is treated as reciting at least one inflatable bag. Claims 13-16 depend from claim 4 and are therefore also rejected. For claim 8- A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites the broad recitation “said material has an elongation higher than 10% relative to the size of the bag in the rest condition”, and the claim also recites “and preferably comprised between 30% and 1000%.” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Also, the term “preferably” is indefinite as it’s unclear whether the limitations following “preferably” are intended as the claimed elongation values. The claim is interpreted as reciting the material having an elongation higher than 10% relative to the size of the bag in the rest condition.
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.
Claims 1-5, 9, 15, and 19-21 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Mazzarolo (U.S. 2012/0073035 A1). Mazzarolo discloses the invention as claimed. Mazzarolo teaches a garment 100 comprising an inflatable protection device 11 and a housing 7 delimited by an inner surface and an inner surface; said inflatable protection device comprising: at least one inflatable bag (par.29 discloses "inflatable protective device 11 comprises two inflatable chambers 20,30 of bag-like shape") housed in said housing 7 and moveable between a rest condition (shown in Fig.5) in a deflated status, and an operating condition (shown in Fig.6) in an inflated status, an inflation means 10 connected with said at least one inflatable bag 20 (shown in Fig.4) and triggerable for selectively inflating said at least one inflatable bag (par.37 "The inflation means 10 are able to inflate the protective device 11.."); wherein said at least one inflatable bag 20 is manufactured with an elastic material (par.26 "The protective device is made from a single sheet of elastic material") and wherein said at least one inflatable bag 20 in said rest condition occupies a limited portion of said housing and whereby a portion of the inner and outer surfaces defining the housing are uncovered by the at least one inflatable bag 20 as the bag rests on a surface in the rest condition. Paragraph 32 discloses the size of each chamber as less than 10 litres such that each chamber can be inserted into garment 100 without having to fold or pack it in a particular manner and "The chambers take up very little thickness on the garment 100 being positioned between only two material layers".
For claim 2, Mazzarolo's inflatable bag (formed by layers 20,30), in said operating condition, occupies a portion of the housing which is bigger than the portion occupied when in the rest condition since the layers 20,30 stretch and extend outwardly as air fills the bag 20.
For claim 3, the housing 7 is delimited by a pair of surfaces (surfaces of layers 3,4,14) and has an inner volume, said inflatable bag 20 configured to fill all the volume of said housing 7 in said operating condition.
For claim 4, The inflatable protection device 11 comprises at least one casing designed for housing one or more inflatable bags 20,30, as the closed pocket formed by layers 3, 4, 14 is considered equivalent to the at least one casing. Note Applicant's specification discloses "the casing can be in the form of a closed pocket, not shown in the figures".
For claim 5, the inflatable bag 20 when in said operating condition has a shape which is complementary to the shape of said housing, as the bag shape is defined by and limited by the surfaces of layers 3, 4, 14 in its inflated configuration.
For claim 9, the garment 100 comprises a front portion positioned at a chest of the user, and a back portion positioned at a back of the user, the front and back portion having respective housings, as par.30 discloses "the inflatable protective device comprises more than two inflatable chambers 20,30 which protect shoulders and/or other body parts like for example neck, chest, back, arms, and/or legs."
For claim 15, the at least one casing (formed by layers 3,4,14) coincides with a portion of the housing 7 as in Figure 6.
For claim 19, Mazzarolo teaches the garment comprising a plurality of inflatable bags 20,30, the plurality of inflatable bags arranged inside corresponding housings 7 delimited by partitions provided in the garment as shown in Figures 1 and 2, with the bags 20,30 retained within the respective housings delimited by the edges of the split in the garment’s front.
For claim 20, Mazzarolo teaches the garment comprises a first front flap and a second front flap, wherein the at least one inflatable bag 20 comprises a front part having two independent portions (bag 20 and bag 30), one front portion of the at least one inflatable bag 20 being arranged at the first front flap of the garment and one front portion of the at least one inflatable bag 30 being arranged at the second front flap of the garment. See annotated drawing showing first and second front flaps separated by a front garment opening.
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For claim 21, Mazzarolo teaches the said front portions of said at least one inflatable bag have a lobe shape.
102/103
Claim 14 is rejected under 35 U.S.C. 102(a)1 as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Mazzarolo ‘035 ivo Steiner (U.S. 4,397,046). Mazzarolo anticipates claim 14 in that the casing coincides with the whole housing as the closed pocket formed by layers 3, 4, 14 is considered equivalent to the at least one casing. Regarding the casing and how it relates to the housing of claim 4, applicant's specification discloses "Preferably, the inflatable protection device 10 can comprise a casing inside which one or more inflatable bags 12 are housed. The casing can be made with a breathable material, for example a mesh material. The casing coinciding with the whole housing 2,
or alternatively can be a portion of the housing 2. Alternatively, the casing can be in the form of a closed pocket, not shown in the figures." As the drawings do not illustrate how the casing structurally relates to the housing 2, and discusses different interpretations for the casing, claims 14 are also considered as obvious in view of Steiner. Steiner teaches an inflatable device with an inflatable rubber bag 6 housed in a housing (defined by belt 1, nape protecting element 3, and vertebral column protecting element 2), the bag encompassed by a sheath 7 of an elastic textile material such that the casing coincides with the whole housing and therefore coincides with a portion of the housing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo such that the casing coincides with the whole housing or coincides with a portion of the housing, as Steiner teaches such a structure which provides an additional protective layer around the inflatable bag.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Mazzarolo in view of Galton (U.S. 4,737,994). Mazzarolo discloses the invention substantially as claimed but doesn't teach the elastic material comprises one or more types of rubber, the one or more types of rubber is natural rubber and the rubber material has an elongation higher than 10% relative to the size of the bag in the rest condition. Galton teaches an inflatable bag 5 formed from flexible natural or synthetic rubber for providing protection against bone fractures as part of a garment 1. Column 3, lines 5-9 disclose the inflatable bag formed of natural rubber conforms in contour to the pocket-forming material 2 and is capable of stretching with the garment 1 and the pocket-forming material 2. For claim 8, Galton teaches the rubber material will stretch with the garment and pocket-forming material but doesn't teach explicitly teach the elongation higher than 10% relative to the size of the bag. For claim 16, Galton doesn't explicitly teach the material has an elongation comprised between 30% and 1000%. It is noted that this range appears to be generic in that the size of the range is quite large and applicant's specification doesn't provide for criticality of this range, e.g. unexpected results achieved with the rubber material having such an elongation range. One of ordinary skill could have arrived at the higher than 10% or between 30% and 1000% elongation property, as Galton teaches the general conditions of the claimed range (equivalent rubber material capable of elongation) and claims 8 and 16 don't provide further details of the rubber material composition resulting in the claimed ranges as higher than 10% or between 30% and 1000% elongation. As Galton teaches the rubber material is intended to stretch with the garment and pocket- forming material, modification of Mazzarolo's rubber material to provide with an elongation higher than 10% or between 30% and 1000% would further the intended function of the rubber material to expand to an increased protective volume for improved impact protection as well as allowing for increased stretch of the inflatable bag during movements of the garment wearer such that the elongation range is a results effective variable. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo to form the inflatable bag from an elastic material that is natural rubber, as Galton teaches that natural rubber is a suitable material for an inflatable bag that will stretch with the garment and with the housing layers. It is also considered as obvious modification for the rubber material to have an elongation higher than 10%, as a rubber material is capable of elongation and an elongation range higher than 10% or between 30% and 1000% is expected to result in increased expansion of the rubber material for greater fluid volume as well increased degree of stretch along with the garment and pocket-forming material to accommodate movements of the garment wearer.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mazzarolo in view of Dainese et al. (U.S. 2012/0023648). Mazzarolo discloses the invention substantially as claimed, including the inflatable protective device comprises more than two inflatable chambers 20,30 which protect shoulders and/or other body parts like for example neck, chest, back, arms, and/or legs as discussed above with regard to claim 9. Mazzarolo doesn't disclose the inflatable bag as having a front part housed in the housing of the front portion and a back part housed in the housing of the back portion. Dainese teaches a garment 10 with an inflatable bag 12 comprising a front part 121 housed in a housing of the front portion and a back part 123 housed in the housing of the back portion of the garment as in paragraphs 128 and 132. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo's inflatable bag to include a front part housed in the housing of the front portion and a back part housed in the housing of the back portion as taught by Dainese, to provide additional protection at the wearer's front back and back body areas.
Claims 11, 12, 17, 18, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Mazzarolo in view of Azzolin (U.S. 2016/0088883). Mazzarolo discloses the invention substantially as claimed. For claim 18, Mazzarolo teaches that when the at least one inflatable bag 20 moves into the operating condition said at least one inflatable bag assumes a planar shape as Figure 6 shows the inflatable bag in the operating condition with at least the lower surface of the inflatable bag 20 assuming a planar shape. However, Mazzarolo doesn't teach the inner and outer surfaces of the housing are connected by means of at least one flexible tie member and the housing is delimited by an inner surface and an outer surface which are connected by means of at least one flexible tie member, or the housing is delimited by an inner surface and an outer surface which are sealed along their perimetric edges. Mazzarolo doesn’t teach a plurality of tie members, the tie members are designed to remain untensioned inside the housing when the at least one inflatable bag is in its rest condition and the tie members are tensioned when the at least one inflatable bag moves from its rest condition to the operating condition, thereby limiting a distance between the inner surface and the outer surface of the housing. Mazzarolo doesn’t teach the plurality of tie members are arranged in a row. Azzolin teaches a garment including an inflatable member 12 comprising a plurality of tie members 13 connected to an inner surface and outer surface of portion 14 of the inflatable member's sheets 15,16 that form the bag. The tie members are disclosed as connecting structures that maintain the opposing portions of the inflatable bag together. Azzolin teaches the inflatable member 12 is formed by the two sheets/walls 15,16 fixed along respective perimetral edges 20,21 as in par.47. For claim 17, Azzolin teaches the tie members 13 are designed to remain untensioned inside the housing when the at least one inflatable bag is in its rest condition and the tie members are tensioned when the at least one inflatable bag moves from its rest condition to the operating condition, thereby limiting a distance between the inner surface and the outer surface of the housing as in par.47. For claim 22, Azzolin doesn’t textually disclose the tie members arranged in a row; however, the cross-sectional view of Figure 3 shows a plurality of tie members 13 of the same height that appear to be oriented along a line. Providing the tie members 13 arranged in a row assists in maintaining a substantially smooth look for the fabric material 51 of the garment. For claim 23, Mazzarolo’s modified inflatable bag 20 including the one or more tie members 13 is considered capable, when the at least one inflatable bag moves into the operating condition, of wrapping and encircling one or more tie members 13 positioned inside the housing as the bag surrounds the tie members, and the at least one inflatable bag assuming a finger or wave shape into the operating condition. Figure 1 shows the at least one inflatable bag 20 having a wave or finger shape, as best understood, as the bag extends over the front part of the garment. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo's garment to include the housing delimited by an inner surface and an outer surface which are connected by means of at least one flexible tie member as Azzolin teaches the tie member is adjustable and will assist in maintaining the surfaces of the inflatable bag in a desired position. It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo's garment to form the housing by sealing the perimetric edges of the inner surface and outer surface as Azzolin teaches this is a known housing structure for a gas-tight inflatable bag. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo’s plurality of tie members such that they are arranged in a row, as Azzolin’s plurality of tie members 13 arranged in a row assist in maintaining a substantially smooth look for the fabric material 51 of the garment.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mazzarolo in view of Somyk (U.S. 3,096,635). Mazzarolo discloses the invention substantially as claimed. However, Mazzarolo doesn't teach the at least one casing is made with a breathable material. Somyk teaches a garment including a rubber bladder that may be inflated to a protective pressure, the bladder including a knitted fabric forming a casing around the bladder to prevent it from bursting. A knitted fabric includes spaces between yarns such that the fabric is inherently breathable. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mazzarolo to provide the casing as made with a breathable knitted material, as Somyk teaches a casing formed from knitted material assists in preventing the bladder from bursting in its inflated condition.
Conclusion
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/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732
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