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 Arguments
Applicant's arguments on pages 6-7 of Remarks filed 02/03/2026 have been fully considered but they are not persuasive.
Applicant argues “The rejection also does not establish a proper motivation to combine Gossweiler and Jancarik. The examiner argues that alignment tabs are an alternative way to position a filter so that air may travel to a blower. This reasoning is conclusory. There are many known ways to position a filter, including cartridges, gaskets, threaded connections, and clamping mechanisms.” The examiner respectfully disagrees. Gossweiler (US 20060048782 A1) teaches a thin profile PAPR filter blower system as shown in Fig. 1 and [0028] and [0037] and filtering elements 155a and 155b (taken as the filter) are contained within filter 8 and is aligned within the filter cavity as seen in Figs. 5-6 and [0063]. Gossweiler also recites “The flow of air through the filter 8 and to the blower 10 may occur via any of a number of paths, mechanisms, and methods known to those of ordinary skill in the art… (see [0037]).” Jancarik (US 20210369996 A1) teaches a respiratory housing 11 with a circumferential inner wall where reference number 110 is pointing to and an outer base 112A which defines a filter cavity for filter element 210 as seen in Fig. 7 and [0063]. Jancarik further teaches a plurality of circular knobs/tabs (taken as filter alignment tabs) disposed on the inner wall, wherein filter 210 is positioned into the filter cavity such that it is aligned with the plurality of filter alignment tabs, especially since filter 210 has grooves to receive the tabs as seen in Fig. 7 and [0066]. 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 Gossweiler to include a plurality of filter alignment tabs as taught by Jancarik for an alternative method within the respiratory art to position and align the filter element such that a volume of air dispensed from the filter element may travel to a blower (see [0063]). Applicant also discusses the plurality of filter alignment tabs is designed for hot-swapping filters, however, the limitation is not currently within the claims or the specification. Furthermore, Gossweiler in view of Jancarik is to include a plurality of filter alignment tabs for the two filtering elements 155a, 155b within filter 8 for clarification, and as such, is not replacing/redesigning Gossweiler’s groove-based system.
Applicant argues “Bennett does not teach calibrating a potentiometer during assembly of a personal air purifying respirator by connecting an outlet manifold of the housing to an airflow meter. Bennett describes calibration in a different context and does not address an assembled housing with a filter cavity and outlet manifold.” Gossweiler teaches using the control device, such as a PCB including a potentiometer for variably controlling power transmission, along with the blower control knob 3 to control the speed of the blower as seen in Fig. 4 and [0052]. Bennett (US 20030019494 A1) teaches using a PAPR calibration method using an instrument to indicate the flow rate of the blower during a calibration cycle as seen in [0014] and further teaches a calibration protocol for adjustment of the air flow of a PAPR against a measured flow rate as indicated by a flow measuring device using a potentiometer as seen in [0009]-[0010]. Bennett also teaches the PAPR would be attached to the flow meter and an individual would perform calibration until the motor speed is increased and the desired flow is established as seen in [0014]. Fig. 1 shows a blower outlet 32 (taken as outlet manifold) of the blower housing 14 and a turbine 14 within. Not to mention, Bennett mentions a PAPR calibration method as seen in [0014] and Gossweiler teaches a PAPR filter blower system already comprising a potentiometer as shown in Figs. 1 and 4 and [0028], and [0052]. Therefore, one of ordinary skill in the art would attach the flow meter to be fluidically connected to the blower outlet 32, to measure the flow of air leaving the turbine 17 as seen in Fig. 1 to calibrate the potentiometer until the desired flow is established.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The term “head unit” of claims 9 and 14 invokes 112(f). The specification recites “…a personal air purifying respirator 20 includes a head unit 22 to be worn over a user's head and face. The head unit 22 includes a face shield 24, such as clear glass or plastic, and a hood 26 (see [0011].” For examination purposes, as best understood, the term “head unit” refers to a face shield and a hood, or the equivalent of.
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1) and Bennett (US 20030019494 A1).
Regarding claim 1, Gossweiler teaches a method of assembling a personal air purifying respirator (Gossweiler teaches a thin profile PAPR filter blower system as shown in Fig. 1 and [0028] and [0037]. The PAPR filter blower system comprises of the filter 8 and blower unit 10 which will need to be assembled together as seen in Figs. 1-2 and [0039]-[0040]. Furthermore, each individual component will need to be assembled as well) comprising:
installing a blower in a housing (main body 1000, see Fig. 1; filter 8 and blower unit 10 comprise the bulk of the main body 1000 as seen in [0038]) (Gossweiler teaches a blower housed within the blowing unit 10 as seen in [0051], and therefore the blower is installed in blowing unit 10 as blowing unit 10 is being assembled), the housing having an inner wall defining a filter cavity (filter 8 of the main body 1000 comprises an inner wall defining a filter cavity where two filtering elements 155a and 155b lie as seen in Figs. 5-6 and [0063]);
installing a filter (two filtering elements 155a, 155b, see Fig. 5) in the housing such that the filter is aligned within the filter cavity (filtering elements 155a and 155b is contained within filter 8 and is aligned within the filter cavity as seen in Figs. 5-6. Therefore, the filtering elements 155a and 155b are installed in filter 8 as filter 8 is being assembled);
installing a circuit into the housing (there is a blower control chamber 105 in the blower unit 10 which houses a control device such as a PCB including a potentiometer as seen in Fig. 4 and [0052]. Therefore, the control device is installed in the blower control chamber 105 of blowing unit 10 as blowing unit 10 is being assembled), the circuit being configured to control a speed of the blower based on a position of a potentiometer associated with the circuit (Gossweiler teaches using the control device, such as a PCB including a potentiometer for variably controlling power transmission, along with the blower control knob 3 to control the speed of the blower as seen in Fig. 4 and [0052]); and
an outlet manifold of the housing ([0019] of applicant’s specification recites “The outlet manifold 36 defines an outlet port 172… outlet manifold 36 is configured to connect to the inlet fitting 176 of the hose 34 either directly or via an adapter.” Gossweiler teaches an air outlet 4 that is to be connected to an air hose or conduit via methods and features known in the art as shown in Fig. 4 and [0057], and therefore, also teaches an outlet manifold (which is similar to applicant’s outlet manifold 36 as shown in Fig. 2))
but does not teach a plurality of filter alignment tabs disposed on the inner wall;
installing a filter in the housing such that the filter is aligned within the filter cavity by the plurality of filter alignment tabs;
calibrating the potentiometer including connecting an outlet manifold of the housing to an airflow meter, operating the blower, and adjusting the potentiometer such that the airflow meter measures a target airflow.
However, Jancarik teaches the housing (respirator housing 11, see Fig. 7) having an inner wall defining a filter cavity (respirator housing 11 has a circumferential inner wall where reference number 110 is pointing to and an outer base 112A which defines a filter cavity for filter element 210 as seen in Fig. 7 and [0063]. Furthermore, there is a filter element cover 212 with orifice 212A used to engage the respirator housing 11), and a plurality of filter alignment tabs disposed on the inner wall (the inner wall has a plurality of circular knobs/tabs (taken as filter alignment tabs) disposed on the inner wall as seen in Fig. 7);
installing a filter in the housing such that the filter is aligned within the filter cavity by the plurality of filter alignment tabs (filter 210 is positioned into the filter cavity such that it is aligned with the plurality of filter alignment tabs, especially since filter 210 has grooves to receive the tabs as seen in Fig. 7 and [0066]).
Gossweiler teaches filter 8 to be equipped with one or more guide rings to improve air flow within filter 8 as seen in [0064]. Furthermore, Gossweiler recites “The flow of air through the filter 8 and to the blower 10 may occur via any of a number of paths, mechanisms, and methods known to those of ordinary skill in the art… (see [0037]).” 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 method taught by Gossweiler to include a plurality of filter alignment tabs as taught by Jancarik for an alternative method to position and align the filter element such that a volume of air dispensed from the filter element may travel to a blower (see [0063]),
However, Bennett teaches calibrating the potentiometer including connecting an outlet manifold of the housing to an airflow meter, operating the blower (Bennett teaches using a flow rate instrument independent of the control system, such as a flow meter to indicate the flow rate of the blower during a calibration cycle (see [0014]). Therefore, the flow meter will be connected to the blower outlet 32 of the blower housing 14, and the turbine 17 will be operating to reach a desired flow rate as seen in Fig. 1 and [0009] and [0014]), and adjusting the potentiometer such that the airflow meter measures a target airflow (a second calibration protocol for adjusting the airflow of a powered air-purifying respirator includes tuning a potentiometer until a desired flow rate is established (see [0009]-[0010]).
Gossweiler teaches a PAPR filter blower system as shown in Fig. 1 and [0028] and [0037] and further teaches a control device such as a PCB including a potentiometer as seen in Fig. 4 and [0052]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by Gossweiler in view of Jancarik to calibrate the potentiometer as taught by Bennett since it is a known calibration protocol method for potentiometers used to adjust the speeds of blowers within respirator devices.
Regarding claim 7, modified Gossweiler teaches a method of claim 1, and Gossweiler further teaches further comprising connecting a battery dock to the circuit board and securing the battery dock within the housing (Gossweiler teaches power cell chambers 7 to hold batteries 120 within blower unit 10, wherein the batteries is electrically connected to the control device 112 and switch 3 as seen in Fig. 4 and [0055]-[0056]).
Regarding claim 8, modified Gossweiler teaches a method of claim 7, and Gossweiler further teaches wherein the battery dock includes an associated removable and rechargeable battery that is receivable within the housing (Gossweiler teaches using a replaceable power source such as one or more rechargeable “D” size batteries as seen in [0055] and further teaches one or more battery covers 7a to facilitate replacement of the batteries within the blower unit 10 as seen in [0056]).
Regarding claim 9, modified Gossweiler teaches a method of claim 1, and Gossweiler further teaches further comprising connecting a head unit in fluid communication the outlet manifold (“The angled disposition of the air outlet 4 thereby allows the connected hose or other conduit to have a minimized length in extending to a connected protection mask worn by the user.” See [0058]).
Claims 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1) and Bennett (US 20030019494 A1), as applied to claim 1 above, and further in view of Love (US 20130120882 A1).
Regarding claim 2, modified Gossweiler teaches a method of claim 1, but does not further teach wherein the potentiometer includes an adjustment screw, and the calibrating further includes turning the screw.
However, Love teaches wherein the potentiometer includes an adjustment screw, and the calibrating further includes turning the screw (“Gain adjustment 123 can be implemented as a potentiometer with a screw used to vary the internal resistance. The screw can be adjusted by a person or machine/test rig to amplify the desired leakage voltage. The position of the adjustment screw can then be fixed after tuning has been completed using a strong adhesive to bind the adjustment screw to the body of the potentiometer so that the gain of amplifier 122 cannot be altered.” See [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by modified Gossweiler to replace the control knob with the adjustment screw and adhesive taught by Love to bind the screw to the body of the potentiometer to prevent altering the voltage (see [0033]).
Regarding claim 3, modified Gossweiler teaches a method of claim 2, and Love further teaches further comprising immobilizing the screw after the calibration is complete (“The position of the adjustment screw can then be fixed after tuning has been completed using a strong adhesive to bind the adjustment screw to the body of the potentiometer so that the gain of amplifier 122 cannot be altered.” See [0033]; the screw is fixed using strong adhesive and therefore immobilized).
Regarding claim 4, modified Gossweiler teaches a method of claim 3, and Love further teaches wherein the immobilizing includes applying a sealant over the screw (a strong adhesive is used to bind the adjustment screw to prevent alteration as seen in [0033]).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1) and Bennett (US 20030019494 A1), as applied to claim 1 above, and further in view of Huang (US 20170361254 A1).
Regarding claim 5, modified Gossweiler teaches a method of claim 1, and Gossweiler further teaches an air inlet (Gossweiler teaches an air outlet 4 that is to be connected to an air hose or conduit via methods and features known in the art as shown in Fig. 4 and [0057]) but does not teach further comprising:
testing the filter including energizing the blower, introducing a testing aerosol into the air inlet, and measuring air exiting the outlet manifold.
However, Huang teaches using a TSI 8130 Filtration tester to measure filter efficiency and penetration versus particle size (see [1116]- [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by modified Gossweiler to use a TSI 8130 Filtration tester as taught by Huang to measure filter efficiency to assure that the filter is up to standards for patient use (see [1116]- [0118]). Modified Gossweiler teaches testing the filter including energizing the blower (Gossweiler teaches a blower switch 3 used to turn the blower within blower unit 10 on and off as seen in [0051]), introducing a testing aerosol into the air inlet (Huang teaches generating aerosol using a sodium chloride aqueous solution which will be blown at an air flow rate of 32 liter/min as seen in [0118]), and measuring air exiting the outlet manifold (Huang teaches measuring filter efficiency by subtracting the initial pressure drop from the final pressure drop as seen in [0118]. Therefore, air is measured to see whether or not there is a pressure drop).
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1), Bennett (US 20030019494) and Huang (US 20170361254 A1), as applied to claim 5 above, and further in view of “Determination of Particulate Filter Efficiency Level for N99 Series Filters Against Solid Particulates for Non-Powered, Air Purifying Respirators Standard Testing Procedure (STP)” (hereinafter, will be known as “NIOSH”).
Regarding claim 6, modified Gossweiler teaches a method of claim 5, and Huang further teaches using a TSI 8130 Filtration tester to test filters but does not teach further comprising placing the personal air purifying respirator on a TSI 8130 testing unit.
However, NIOSH teaches further comprising placing the personal air purifying respirator on a TSI 8130 testing unit (NIOSH teaches using a TSI Model 8130 to test efficiency of filters as seen on page 1. For the testing requirements and conditions, on page 2, NIOSH states the filter elements of the respirator will be tested and if the filters are not separable from the respiratory body, to seal exhalation valves. Therefore, if the filter elements are not separable from the respirator, the respirator should be placed on the TSI Model 8130 to test the filters).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by modified Gossweiler to place the respirator onto the TSI 8130 unit as taught by NIOSH to be able to test the filters if the filters are not removable or not easily removable from the respirator.
Claims 10-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1) and Huang (US 20170361254 A1).
Regarding claim 10, Gossweiler teaches a method of assembling a personal air purifying respirator (Gossweiler teaches a thin profile PAPR filter blower system as shown in Fig. 1 and [0028] and [0037]. The PAPR filter blower system comprises of the filter 8 and blower unit 10 which will need to be assembled together as seen in Figs. 1-2 and [0039]-[0040]. Furthermore, each individual component will need to be assembled as well) comprising:
assembling a housing (main body 1000, see Fig. 1; filter 8 and blower unit 10 comprise the bulk of the main body 1000 as seen in [0038], excluding the component comprising the front face 8f of the filter 8 as seen in Fig. 1) including a blower disposed therein (Gossweiler teaches a blower housed within the blowing unit 10 as seen in [0051]), a filter cavity (filter 8 of the main body 1000 comprises an inner wall defining a filter cavity where two filtering elements 155a and 155b lie as seen in Figs. 5-6 and [0063]), and an outlet manifold ([0019] of applicant’s specification recites “The outlet manifold 36 defines an outlet port 172… outlet manifold 36 is configured to connect to the inlet fitting 176 of the hose 34 either directly or via an adapter.” Gossweiler teaches an air outlet 4 that is to be connected to an air hose or conduit via methods and features known in the art as shown in Fig. 4 and [0057], and therefore, also teaches an outlet manifold (which is similar to applicant’s outlet manifold 36 as shown in Fig. 2));
installing a filter (two filtering elements 155a, 155b, see Fig. 5) in the filter cavity (filtering elements 155a and 155b is contained within filter 8 and is aligned within the filter cavity as seen in Figs. 5-6. Therefore, the filtering elements 155a and 155b are installed in filter 8 as filter 8 is being assembled);
attaching a filter cover (the component comprising the front face 8f of the filter 8 as seen in Fig. 1) to the housing with the filter cover disposed over the filter (the component comprising the front face 8f of the filter 8 will be attached to the filter 8 and disposed over filtering elements 155a and 155b as seen in Figs. 1-2 and 5-6), wherein the filter cover defines an air inlet (air inlet 52, see Fig. 6; the component comprising the front face 8f of the filter 8 defines air inlet 52 as seen in Figs. 5-6); and
but does not teach a plurality of filter alignment tabs disposed on an inner wall of the filter cavity;
installing a filter in the filter cavity such that the filter is aligned by the plurality of filter alignment tabs;
testing the filter including energizing the blower, introducing a testing aerosol into the air inlet, and measuring air exiting the outlet manifold.
However, Jancarik teaches the housing (respirator housing 11, see Fig. 7) having an inner wall defining a filter cavity (respirator housing 11 has a circumferential inner wall where reference number 110 is pointing to and an outer base 112A which defines a filter cavity for filter element 210 as seen in Fig. 7 and [0063]. Furthermore, there is a filter element cover 212 with orifice 212A used to engage the respirator housing 11), and a plurality of filter alignment tabs disposed on the inner wall (the inner wall has a plurality of circular knobs/tabs (taken as filter alignment tabs) disposed on the inner wall as seen in Fig. 7);
installing a filter in the housing such that the filter is aligned within the filter cavity by the plurality of filter alignment tabs (filter 210 is positioned into the filter cavity such that it is aligned with the plurality of filter alignment tabs, especially since filter 210 has grooves to receive the tabs as seen in Fig. 7 and [0066]).
Gossweiler teaches filter 8 to be equipped with one or more guide rings to improve air flow within filter 8 as seen in [0064]. Furthermore, Gossweiler recites “The flow of air through the filter 8 and to the blower 10 may occur via any of a number of paths, mechanisms, and methods known to those of ordinary skill in the art… (see [0037]).” 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 method taught by Gossweiler to include a plurality of filter alignment tabs as taught by Jancarik for an alternative method to position and align the filter element such that a volume of air dispensed from the filter element may travel to a blower (see [0063]),
However, Huang teaches using a TSI 8130 Filtration tester to measure filter efficiency and penetration versus particle size (see [1116]- [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught Gossweiler in view of Jancarik to use a TSI 8130 Filtration tester as taught by Huang to measure filter efficiency to assure that the filter is up to standards for patient use (see [1116]- [0118]). Modified Gossweiler teaches testing the filter including energizing the blower (Gossweiler teaches a blower switch 3 used to turn the blower within blower unit 10 on and off as seen in [0051]), introducing a testing aerosol into the air inlet (Huang teaches generating aerosol using a sodium chloride aqueous solution which will be blown at an air flow rate of 32 liter/min as seen in [0118]), and measuring air exiting the outlet manifold (Huang teaches measuring filter efficiency by subtracting the initial pressure drop from the final pressure drop as seen in [0118]. Therefore, air is measured to see whether or not there is a pressure drop).
Regarding claim 11, modified Gossweiler teaches a method of claim 10, and Gossweiler further teaches further comprising installing a circuit into the housing (there is a blower control chamber 105 in the blower unit 10 which houses a control device such as a PCB including a potentiometer as seen in Fig. 4 and [0052]. Therefore, the control device is installed in the blower control chamber 105 of blowing unit 10 as blowing unit 10 is being assembled), the circuit being configured to control a speed of the blower based on a position of a potentiometer associated with the circuit (Gossweiler teaches using the control device, such as a PCB including a potentiometer for variably controlling power transmission, along with the blower control knob 3 to control the speed of the blower as seen in Fig. 4 and [0052]).
Regarding claim 13, modified Gossweiler teaches a method of claim 11, and Gossweiler further teaches further comprising connecting a battery dock to the circuit board and securing the battery dock within the housing (Gossweiler teaches power cell chambers 7 to hold batteries 120 within blower unit 10, wherein the batteries is electrically connected to the control device 112 and switch 3 as seen in Fig. 4 and [0055]-[0056]), wherein the battery dock includes an associated removable and rechargeable battery that is receivable within the housing (Gossweiler teaches using a replaceable power source such as one or more rechargeable “D” size batteries as seen in [0055] and further teaches one or more battery covers 7a to facilitate replacement of the batteries within the blower unit 10 as seen in [0056]).
Regarding claim 14, modified Gossweiler teaches a method of claim 10, and Gossweiler further teaches further comprising: attaching a hose to a head unit; and attaching the hose to the outlet manifold (“The angled disposition of the air outlet 4 thereby allows the connected hose or other conduit to have a minimized length in extending to a connected protection mask worn by the user.” See [0058]).
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1) and Huang (US 20170361254 A1), as applied to claim 11 above, and further in view of Bennett (US 20030019494 A1).
Regarding claim 12, modified Gossweiler teaches a method of claim 11, and Gossweiler further teaches a control device such as a PCB including a potentiometer as seen in Fig. 4 and [0052] but does not teach calibrating the potentiometer including connecting an outlet manifold of the housing to an airflow meter, operating the blower, and adjusting the potentiometer such that the airflow meter measures a target airflow.
However, Bennett teaches calibrating the potentiometer including connecting an outlet manifold of the housing to an airflow meter, operating the blower (Bennett teaches using a flow rate instrument independent of the control system, such as a flow meter to indicate the flow rate of the blower during a calibration cycle (see [0014]). Therefore, the flow meter will be connected the housing, and the blower will be operating to reach a desired flow rate as seen in [0009] and [0014]), and adjusting the potentiometer such that the airflow meter measures a target airflow (a second calibration protocol for adjusting the airflow of a powered air-purifying respirator includes tuning a potentiometer until a desired flow rate is established (see [0009]-[0010]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by modified Gossweiler to calibrate the potentiometer as taught by Bennett since it is a known calibration protocol method for potentiometers used to adjust the speeds of blowers within respirator devices, especially since Grossweiler already teaches a potentiometer within a PAPR filter blower system.
Claim 15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1), Bennett (US 20030019494 A1), Huang (US 20170361254 A1) and Sommer (US 20180326172 A1).
Regarding claim 15, Gossweiler teaches a method of assembling a personal air purifying respirator (Gossweiler teaches a thin profile PAPR filter blower system as shown in Fig. 1 and [0028] and [0037]. The PAPR filter blower system comprises of the filter 8 and blower unit 10 which will need to be assembled together as seen in Figs. 1-2 and [0039]-[0040]. Furthermore, each individual component will need to be assembled as well) comprising:
assembling first and second housing portions to form a housing (Gossweiler teaches a main body 1000 comprising blower unit 10 (taken as first housing portion) and filter 8 (taken as second housing portion) which are to be assembled together as seen in Fig. 2 and [0040], excluding the component comprising the front face 8f of the filter 8 as seen in Fig. 1) having a battery- and-electronics chamber (Gossweiler teaches power cell chambers 7 and a blower control chamber 105 as seen in Fig. 4), a filter sealing surface (flexible seal material 16a/16b, see Figs. 5-6 and [0061]), a filter cavity (filter 8 of the main body 1000 comprises an inner wall defining a filter cavity where two filtering elements 155a and 155b lie as seen in Figs. 5-6 and [0063]), and a blower (Gossweiler teaches a blower housed within the blowing unit 10 as seen in [0051], and therefore the blower is installed in blowing unit 10 as blowing unit 10 is being assembled) disposed within the housing (see Figs. 4 and 5);
installing a filter (two filtering elements 155a, 155b, see Fig. 5) on the housing such that the filter is aligned within the filter cavity (filtering elements 155a and 155b is contained within filter 8 and is aligned within the filter cavity as seen in Figs. 5-6. Therefore, the filtering elements 155a and 155b are installed in filter 8 as filter 8 is being assembled);
attaching a filter cover (the component comprising the front face 8f of the filter 8 as seen in Fig. 1) to the housing with the filter cover disposed over the filter (the component comprising the front face 8f of the filter 8 will be attached to the filter 8 and disposed over filtering elements 155a and 155b as seen in Figs. 1-2 and 5-6), wherein the filter cover defines an air inlet (air inlet 52, see Fig. 6; the component comprising the front face 8f of the filter 8 defines air inlet 52 as seen in Figs. 5-6);
installing a circuit board, into the battery-and-electronics chamber (there is a blower control chamber 105 in the blower unit 10 which houses a control device such as a PCB including a potentiometer as seen in Fig. 4 and [0052]. Therefore, the control device is installed in the blower control chamber 105 of blowing unit 10 as blowing unit 10 is being assembled), the circuit board being configured to control the blower and including a potentiometer that is adjustable to change a speed of the blower (Gossweiler teaches using the control device, such as a PCB including a potentiometer for variably controlling power transmission, along with the blower control knob 3 to control the speed of the blower as seen in Fig. 4 and [0052])
but does not teach a plurality of filter aligned tabs disposed on an inner wall of the cavity;
installing a filter on the housing such that a seal of the filter is disposed against the filter sealing surface and aligned within the filter cavity by the plurality of filter alignment tabs;
calibrating the potentiometer including connecting an outlet manifold of the housing to an airflow meter, operating the blower, and adjusting the potentiometer such that the airflow meter measures a target airflow; and
testing the filter including energizing the blower, introducing a testing aerosol into the air inlet, and measuring air exiting the outlet manifold.
However, Jancarik teaches the housing (respirator housing 11, see Fig. 7) having an inner wall defining a filter cavity (respirator housing 11 has a circumferential inner wall where reference number 110 is pointing to and an outer base 112A which defines a filter cavity for filter element 210 as seen in Fig. 7 and [0063]. Furthermore, there is a filter element cover 212 with orifice 212A used to engage the respirator housing 11), and a plurality of filter alignment tabs disposed on the inner wall (the inner wall has a plurality of circular knobs/tabs (taken as filter alignment tabs) disposed on the inner wall as seen in Fig. 7);
installing a filter in the housing such that the filter is aligned within the filter cavity by the plurality of filter alignment tabs (filter 210 is positioned into the filter cavity such that it is aligned with the plurality of filter alignment tabs, especially since filter 210 has grooves to receive the tabs as seen in Fig. 7 and [0066]).
Gossweiler teaches filter 8 to be equipped with one or more guide rings to improve air flow within filter 8 as seen in [0064]. Furthermore, Gossweiler recites “The flow of air through the filter 8 and to the blower 10 may occur via any of a number of paths, mechanisms, and methods known to those of ordinary skill in the art… (see [0037]).” 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 method taught by Gossweiler to include a plurality of filter alignment tabs as taught by Jancarik for an alternative method to position and align the filter element such that a volume of air dispensed from the filter element may travel to a blower (see [0063]),
However, Bennett teaches calibrating the potentiometer including connecting an outlet manifold of the housing to an airflow meter, operating the blower (Bennett teaches using a flow rate instrument independent of the control system, such as a flow meter to indicate the flow rate of the blower during a calibration cycle (see [0014]). Therefore, the flow meter will be connected to the blower outlet 32 of the blower housing 14, and the turbine 17 will be operating to reach a desired flow rate as seen in Fig. 1 and [0009] and [0014]), and adjusting the potentiometer such that the airflow meter measures a target airflow (a second calibration protocol for adjusting the airflow of a powered air-purifying respirator includes tuning a potentiometer until a desired flow rate is established (see [0009]-[0010]).
Gossweiler teaches a PAPR filter blower system as shown in Fig. 1 and [0028] and [0037] and further teaches a control device such as a PCB including a potentiometer as seen in Fig. 4 and [0052]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by Gossweiler in view of Jancarik to calibrate the potentiometer as taught by Bennett since it is a known calibration protocol method for potentiometers used to adjust the speeds of blowers within respirator devices.
However, Huang teaches using a TSI 8130 Filtration tester to measure filter efficiency and penetration versus particle size (see [1116]- [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught Gossweiler in view of Jancarik to use a TSI 8130 Filtration tester as taught by Huang to measure filter efficiency to assure that the filter is up to standards for patient use (see [1116]- [0118]). Modified Gossweiler teaches testing the filter including energizing the blower (Gossweiler teaches a blower switch 3 used to turn the blower within blower unit 10 on and off as seen in [0051]), introducing a testing aerosol into the air inlet (Huang teaches generating aerosol using a sodium chloride aqueous solution which will be blown at an air flow rate of 32 liter/min as seen in [0118]), and measuring air exiting the outlet manifold (Huang teaches measuring filter efficiency by subtracting the initial pressure drop from the final pressure drop as seen in [0118]. Therefore, air is measured to see whether or not there is a pressure drop).
Gossweiler teaches a system for sealably connecting and replacing cartridges (see [0028]) comprising flexible sealing material 16a and of filter 8 and flexible sealing material 16b of blower unit 10 as seen in Figs. 5-6 and [0061]. Gossweiler further teaches two filtering elements 155a and 155b. Sommer teaches filters (3, 4) to have elastic filter material properties and to therefore have sealing properties. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by modified Gossweiler to have filtering element 155a include elastic filter material properties as taught by Sommer to press in a sealing manner against the device/housing to reduce the risk of unfiltered secondary air passing into ventilator/blower (see [0081] and [0032]). This will allow filtering element 155a to be a secondary seal against flexible sealing material 16 as an extra precaution.
Regarding claim 19, modified Gossweiler teaches a method of claim 15, and Gossweiler further teaches further comprising connecting a battery dock to the circuit board and securing the battery dock within the housing (Gossweiler teaches power cell chambers 7 to hold batteries 120 within blower unit 10, wherein the batteries is electrically connected to the control device 112 and switch 3 as seen in Fig. 4 and [0055]-[0056]).
Regarding claim 20, modified Gossweiler teaches a method of claim 19, and Gossweiler further teaches wherein the battery dock includes an associated removable and rechargeable battery that is receivable within the housing (Gossweiler teaches using a replaceable power source such as one or more rechargeable “D” size batteries as seen in [0055] and further teaches one or more battery covers 7a to facilitate replacement of the batteries within the blower unit 10 as seen in [0056]).
Claims 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gossweiler (US 20060048782 A1) in view of Jancarik (US 20210369996 A1), Bennett (US 20030019494 A1), Huang (US 20170361254 A1) and Sommer (US 20180326172 A1), as applied to claim 15 above, and further in view of Love (US 20130120882 A1).
Regarding claim 16, modified Gossweiler teaches a method of claim 15, but does not further teach wherein the potentiometer includes an adjustment screw, and the calibrating further includes turning the screw.
However, Love teaches wherein the potentiometer includes an adjustment screw, and the calibrating further includes turning the screw (“Gain adjustment 123 can be implemented as a potentiometer with a screw used to vary the internal resistance. The screw can be adjusted by a person or machine/test rig to amplify the desired leakage voltage. The position of the adjustment screw can then be fixed after tuning has been completed using a strong adhesive to bind the adjustment screw to the body of the potentiometer so that the gain of amplifier 122 cannot be altered.” See [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method taught by modified Gossweiler to replace the control knob with the adjustment screw and adhesive taught by Love to bind the screw to the body of the potentiometer to prevent altering the voltage (see [0033]).
Regarding claim 17, modified Gossweiler teaches a method of claim 16, and Love further teaches further comprising immobilizing the screw after the calibration is complete (“The position of the adjustment screw can then be fixed after tuning has been completed using a strong adhesive to bind the adjustment screw to the body of the potentiometer so that the gain of amplifier 122 cannot be altered.” See [0033]; the screw is fixed using strong adhesive and therefore immobilized).
Regarding claim 18, modified Gossweiler teaches a method of claim 17, and Love further teaches wherein the immobilizing includes applying a sealant over the screw (a strong adhesive is used to bind the adjustment screw to prevent alteration as seen in [0033]).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785