DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Examiner acknowledges the reply filed on 10/10/2025 in which claims 1, 13, 22, and 29 have been amended. Currently, claims 1, 6, 12, 13, and 22-33 are pending for examination in this application.
Response to Arguments
Applicant has resolved some of the objections to the claims; however some of the objections are maintained.
The 112f interpretations are maintained.
Applicant’s arguments, see Remarks pg. 9 – pg. 11 line 8 and pg. 11 line 21 – pg. 14, filed 10/10/2025, with respect to the rejection(s) of amended claim(s) 1 and 13 under 35 U.S.C. 103 in view of Key have been fully considered and are persuasive. However, Applicant’s arguments, see Remarks pg. 8 line 15-21 and pg. 11 line 9-20, with respect to Trainor have been fully considered but they are not persuasive. Applicant claims that the mouthpiece of Trainor includes wings or “legs” that work against forming a seal at a user’s lips as it is pushing the user’s lips and cheeks away from the edges of the mouthguard. Examiner notes that the structure Applicant states would “work against forming a seal at a user’s lips as it is pushing the user’s lips and cheeks away from the edges of the mouthguard” is part of the front member 12 that extends from the outer surface 28 of the U-shaped, in mouth member 14, see [0066]. Examiner does not agree with the claim that this structure works against forming a seal at a user’s lips as the “U-shaped, in mouth member 14 is contoured to conform to fit the lips, helping to keep the mouthpiece 10 in the mouth”, see [0065], thereby still forming a seal at the inner surface of a user’s lips. Therefore, a new ground(s) of rejection is made in view of Trainor (US 20180085247 A1).
Claim Objections
Claims 1, 6, 12, 13, and 22-33 are objected to because of the following informalities:
Claim 1, line 3, “comprising” should be “comprising:”.
In dependent claims 6, 12, and 22-33, “Claim” should be “claim” and insert “,” after the claim number.
Claim 13, line 3, “comprising” should be “comprising:”
Claim 13, lines 10, 11, and 12, “nosepiece” should be “nose piece”.
Claim 28, line 3, Examiner suggests amending “said access panel further is fitted into the housing” to “said access panel further is fitted into a main housing” or some alternate of a different housing to differentiate the housing from “said housing” cited in the claim earlier. As the access panel cannot be fitted into the housing that is fitted into the access panel via the small tubes, as supported by Applicant’s specifications pg. 11 line 14-26. Currently the claim reads, small tubes are fitted into a housing, then the small tubes are fitted into the access panel, which does not make sense as the access panel cannot then fit into the housing that is fitted into the access panel via the small tubes, as supported by Applicant’s specifications pg. 11 line 14-26.
Appropriate correction is required.
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. Such claim limitation(s) is/are: “means for securely attaching said at least one flexible strap to said main housing” in claim 1, “means to attach the respirator onto the clothing of the user” in claim 12, and “means for securely attaching said flexible straps to said main housing” in claim 29.
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.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1) and Trainor (US 20180085247 A1).
Regarding claim 13, Key discloses an escape respirator (Personal Air Filtration Apparatus and Method; Title) for individuals with facial hair including those individuals with a full beard and full mustache or other non-standard physical features which allows the respirator to create an air tight seal between the respirator and the user (Statement of intended use or functional, see MPEP 2114. “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction.” MPEP 2111.02. Fig. 12 depicts the apparatus in use in a manner that does not contact a user’s facial hair such as a full beard while forming an air tight seal) comprising
a main housing ([0028] A body 101 includes an air-exchange assembly 215, an interior filter 210, an exterior filter 211, a filter receiver 214, and a breather tube 207; Fig. 1-2), said main housing featuring an upper and lower outer surface and a front and back side (Fig. 1 depicts the front side with an arbitrarily defined upper and lower outer surface. Fig. 2 depicts a back side with an arbitrarily defined upper and lower outer surface); a mouthpiece ([0039] mouthpiece 205; Fig. 2-4 and 13. [0045] mouthpiece 901; Figure 8); a cartridge housing ([0028] exterior filter 211; Fig. 2-3); a dust cartridge ([0028 and 0034] interior filter 210; Fig. 2-3); a nose piece ([0028] nose guard 200; Fig. 9-13); wherein said dust cartridge (210) is placed inside said cartridge housing (Fig. 1-3); wherein said cartridge housing is formed along the lower front outer surface of the main housing (Fig. 2-3, Fig. 1 depicts assembled configuration); said mouthpiece is secured to the back of the main housing via a compression fit ([0042-0043] the attachment between breather tube 207 and body 101 and the attachment between mouthpiece 205 and breather tube 207 are air-tight in order to limit permeation of unfiltered ambient air; Fig. 2, 3, and 7. [0045] mouthpiece 901 is connected directly to air-exchange unit 215 through aperture 212. In this illustrated embodiment, the size and shape of aperture 212, which is disposed in the wall of the exhaust tube, matches the size and shape of an aperture 902, which is disposed in the mouthpiece); wherein said respirator is secured to the user by the user biting on the mouthpiece (Fig. 12 and [0044] supports biting of the mouthpiece) wherein the nosepiece is configured to seal to the user’s nose ([0048] the air filtration apparatus 300 is configured in a way that when a user wears it, the triangle shaped nose guard 200 stays on the user's nose; Fig. 9).
Key does not disclose said mouthpiece is configured to seal to the user’s mouth at the user’s lips in a manner in which the seal of the mouthpiece at the user’s lips forms at the inner surface of the user’s lips in such a manner that the seal does not come in contact with the user’s facial hair such as the full beard and the full mustache; and said nosepiece does not come in contact with the user’s facial hair and more specifically, the user’ full mustache where the nosepiece seals to the user’s nose.
Trainor teaches a respirator (external airflow device 64; Fig. 8-10b) comprising a mouthpiece (10; Fig. 1-10b) configured to seal to the user’s mouth at the user’s lips in a manner in which the seal of the mouthpiece at the user’s lips forms at the inner surface of the user’s lips in such a manner that the seal does not come in contact with the user’s facial hair such as the full beard and the full mustache ([0065] the sleep-aid mouthpiece 10 comprises a generally U-shaped, in-mouth member 14 configured to be worn in a user's mouth. The U-shaped, in-mouth member 14 defines a middle portion 16 from which a pair of leg portions 18 and 20 extend inwardly to end portions 24 and 22, respectively, inside the user's mouth. The U-shaped, in-mouth member 14 is contoured to conform to fit the lips, helping to keep the mouthpiece 10 in the mouth; Fig. 1-3).
Key teaches the mouthpiece comprising a U-shaped lip protection portion ([0044] mouthpiece 205 includes a lip protection portion 227. The lip protection portion is configured to cover a lip or both lips of a user in order to protect the teeth, oral tissue, and gums from impact and abrasion. [0045] mouthpiece 901 comprises a lip protection portion 903 and a teeth biting strip 904 connected to and disposed posterior to the lip protection portion. Both the lip protection portion and the teeth biting strip are configured to protect lips, teeth, oral tissue, and gums from impact and abrasion. See Fig. 9, also see Fig. 2.
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 mouthpiece of Key to implement the U-shaped lip protection portion to be inside the user’s mouth, contoured to conform to fit the lips in order to help keep the mouthpiece in the user’s mouth as taught by Trainor [0065].
Additionally, Trainor teaches a respirator (external airflow device 64; Fig. 10a and 10b) comprising a nose piece configured to seal to the user’s nose ([0070] nostril cones 68; Fig. 10a and 10b also see 30-36) said nosepiece does not come in contact with the user’s facial hair and more specifically, the user’ full mustache where the nosepiece seals to the user’s nose ([0070] The nostril cones 68 are disposed on the upper surface of the housing 66 such that they may be easily positioned in the user's nostrils when the external airflow device 64 is connected to the sleep-aid mouthpiece 10 and inserted in the user's mouth).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a nose piece in the form of nose cones easily positioned in the user’s nostrils, as taught by Trainor, as it would have been obvious substitution of one known element for another, using the nostril cones taught by Trainor in place of the nose guard of Key, and would provide predictable results, providing filtered air to the nostrils (see Trainor [0062]).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1) and Trainor (US 20180085247 A1) as applied to claim 13 above, and further in view of Smith et al. (US 5524616 A).
Regarding claim 23, modified Key discloses the escape respirator of Claim 13 but does not disclose wherein said nose piece is a nose clamp.
However, Smith teaches a respirator (emergency personal air filtering device 10; Fig. 1-2) comprising a nose piece (nose clip 16; Fig. 1-2) wherein the nose piece is a nose clamp (By wearing the nose clip 16 shown in FIG. 1 and 2, ambient air is prevented from flowing through the user's nostrils when using the air filtering device 10. The nose clip 16 has a spring clip 50 with a pair of legs 52 and 53 connected by a cross member 54 that includes a torsion spring 56. The ends of the legs 52 and 53 which are remote from the cross member 54 are attached to separate mushroom-shaped nose depressors 58 and 59. The force provided by torsion spring 56 on legs 52 and 53 causes the nose depressors 58 and 59 to abut one another when the device is not in use. Each nose depressor 58 and 59 has a stem 60 and 61, respectively, which can be grasped by the user for installation and removal of the nose clip 16; col 4 line 56-col 5 line 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the nose piece of Key with the nose clip and nose depressors of Smith to provide an embodiment where air flow to only the mouth is optimal compared to air flow through both the mouth and nose or solely through the nose.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Trainor (US 20180085247 A1), and Smith et al. (US 5524616 A) as applied to claim 23 above, and further in view of McConnell et al. (US 20090151728 A1).
Regarding claim 33, modified Key discloses the escape respirator of Claim 23 but does not disclose further comprising a fume filter wherein said fume filter is placed inside the cartridge housing and is located inside said dust cartridge.
Key teaches [0034] In some embodiments, interior filter 210 and exterior filter 211 can be impregnated with carbon to remove chemical fumes, gases, cigarette smokes, and odors.
Additionally, McConnell teaches a respiratory device with a filter ([0075] foam elements 3; Fig. 4-7) further comprising a filter (The filter may comprise a web of filter material mounted on the porous element. In addition, the filter may comprise a layer of activated carbon material).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Key to implement a layer of activated carbon into the interior filter as taught by McConnell in order to remove chemical fumes, gases, cigarette smokes, and odors. The fume filter (layer of activated carbon) is implemented into the interior filter of Key, therefore being located inside the dust cartridge (interior filter) with the interior filter and being placed inside the cartridge housing (exterior filter) as supported by Fig. 1-3.
Claim(s) 1, 22, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1), and Trainor (US 20180085247 A1).
Regarding claim 1, Key discloses a respirator (Personal Air Filtration Apparatus and Method; Title) for individuals with facial hair including those individuals with a full beard and full mustache or other non-standard physical features which allows the respirator to create an air tight seal between the respirator and the user (Statement of intended use or functional, see MPEP 2114. “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction.” MPEP 2111.02. Fig. 12 depicts the apparatus in use in a manner that does not contact a user’s facial hair such as a full beard while forming an air tight seal) comprising
a main housing ([0028] A body 101 includes an air-exchange assembly 215, an interior filter 210, an exterior filter 211, a filter receiver 214, and a breather tube 207; Fig. 1-2), said main housing featuring an upper and lower outer surface and a front and back side (Fig. 1 depicts the front side with an arbitrarily defined upper and lower outer surface. Fig. 2 depicts a back side with an arbitrarily defined upper and lower outer surface); a mouthpiece ([0039] mouthpiece 205; Fig. 2-4 and 13. [0045] mouthpiece 901; Figure 8); a cartridge housing ([0028] exterior filter 211; Fig. 2-3); a dust cartridge ([0028 and 0034] interior filter 210; Fig. 2-3); a nose piece ([0028] nose guard 200; Fig. 9-13); wherein said cartridge housing is formed along the lower front outer surface of the main housing (Fig. 2-3, Fig. 1 depicts assembled configuration); said dust cartridge (210) is placed inside the cartridge housing (Fig. 1-3); said mouthpiece is secured to the back of the main housing via a compression fit ([0042-0043] the attachment between breather tube 207 and body 101 and the attachment between mouthpiece 205 and breather tube 207 are air-tight in order to limit permeation of unfiltered ambient air; Fig. 2, 3, and 7. [0045] mouthpiece 901 is connected directly to air-exchange unit 215 through aperture 212. In this illustrated embodiment, the size and shape of aperture 212, which is disposed in the wall of the exhaust tube, matches the size and shape of an aperture 902, which is disposed in the mouthpiece); wherein the nosepiece is configured to seal to the user’s nose ([0048] the air filtration apparatus 300 is configured in a way that when a user wears it, the triangle shaped nose guard 200 stays on the user's nose; Fig. 9),
Key does not disclose a means for securing said respirator to the user; said means for securing said respirator to the user comprises at least one flexible strap; said at least one flexible strap is attached to said main housing via a means for securely attaching said at least one flexible strap to said main housing and said mouthpiece is configured to seal to the user’s mouth at the user’s lips in a manner in which the seal of the mouthpiece at the user’s lips forms at the inner surface of the user’s lips in such a manner that the seal does not come in contact with the user’s facial hair such as the user’s full beard or the user’s full mustaches; and said nosepiece does not come in contact with the user’s facial hair and more specifically, the user’ full mustache where the nosepiece seals to the user’s nose.
However, Richardson teaches a respirator (Face Mask with Removable Filter; Title) comprising a means for securing said respirator to the user, said means for securing said respirator to the user comprises at least one flexible strap ([0064] The mask 10 also includes elastic straps 70 or other fasteners to hold the mask 10 in place on a user's head; Fig. 18-22), said means for securing said respirator to the user comprises at least one flexible strap ([0064] elastic straps 70; Fig. 18-22); said at least one flexible strap is attached to a main housing ([0063] a mask body 12; Fig. 18-22) via a means for securely attaching said at least one flexible strap to said main housing ([0041] the mask 10 includes attachment loops 18 for connecting such elastic straps or other fasteners (not shown) that wrap around a user's head, to hold the edge 14 of the mask body 12 against the user's face; Fig. 1-3 and also seen in 18-23).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Key to implement attachment loops on both sides of the body for connecting elastic straps in order to secure the respirator to the user’s face in use as taught by Richardson. This also provides the added benefit of allowing for a less tight grip on the mouthpiece since there is an additional means of securing the respirator other than biting on the mouthpiece.
Trainor teaches a respirator (external airflow device 64; Fig. 8-10b) comprising a mouthpiece (10; Fig. 1-10b) configured to seal to the user’s mouth at the user’s lips in a manner in which the seal of the mouthpiece at the user’s lips forms at the inner surface of the user’s lips in such a manner that the seal does not come in contact with the user’s facial hair such as the user’s full beard or the user’s full mustache ([0065] the sleep-aid mouthpiece 10 comprises a generally U-shaped, in-mouth member 14 configured to be worn in a user's mouth. The U-shaped, in-mouth member 14 defines a middle portion 16 from which a pair of leg portions 18 and 20 extend inwardly to end portions 24 and 22, respectively, inside the user's mouth. The U-shaped, in-mouth member 14 is contoured to conform to fit the lips, helping to keep the mouthpiece 10 in the mouth; Fig. 1-3).
Key teaches the mouthpiece comprising a U-shaped lip protection portion ([0044] mouthpiece 205 includes a lip protection portion 227. The lip protection portion is configured to cover a lip or both lips of a user in order to protect the teeth, oral tissue, and gums from impact and abrasion. [0045] mouthpiece 901 comprises a lip protection portion 903 and a teeth biting strip 904 connected to and disposed posterior to the lip protection portion. Both the lip protection portion and the teeth biting strip are configured to protect lips, teeth, oral tissue, and gums from impact and abrasion. See Fig. 9, also see Fig. 2.
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 mouthpiece of Key to implement the U-shaped lip protection portion to be inside the user’s mouth, contoured to conform to fit the lips in order to help keep the mouthpiece in the user’s mouth as taught by Trainor [0065].
Additionally, Trainor teaches a respirator (external airflow device 64; Fig. 10a and 10b) comprising a nose piece configured to seal to the user’s nose ([0070] nostril cones 68; Fig. 10a and 10b also see 30-36) said nosepiece does not come in contact with the user’s facial hair and more specifically, the user’ full mustache where the nosepiece seals to the user’s nose ([0070] The nostril cones 68 are disposed on the upper surface of the housing 66 such that they may be easily positioned in the user's nostrils when the external airflow device 64 is connected to the sleep-aid mouthpiece 10 and inserted in the user's mouth).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a nose piece in the form of nose cones easily positioned in the user’s nostrils, as taught by Trainor, as it would have been obvious substitution of one known element for another, using the nostril cones taught by Trainor in place of the nose guard of Key, and would provide predictable results, providing filtered air to the nostrils (see Trainor [0062]).
Regarding claim 22, modified Key discloses the respirator of Claim 1 wherein said internal nose piece comprises two nasal pillows (T: nostril cones 68; Fig. 10a and 10b also see 30-36. Cone shape reads on nasal pillows).
Regarding claim 24, modified Key discloses the respirator of Claim 22 wherein the main housing is compact (K: [0049] In some embodiments, durable and lightweight materials are utilized to build the current invention. When the air filtration apparatus is both durable and light. Fig. 1 and 13 depicts the body 101 as compact enough to fit around a person’s chin without covering the entire face. Examiner is interpreting compact to be small enough around a user's mouth and frontal portion of their face to allow for accommodation of additional pieces of PPE by the wearer in light of Applicant’s specifications: pg. 8 line 9-15).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1) and Trainor (US 20180085247 A1) as applied to claim 1 above, and further in view of Smith et al. (US 5524616 A).
Regarding claim 6, modified Key discloses the respirator of Claim 1 but does not disclose wherein said nose piece comprises a nose clamp.
However, Smith teaches a respirator (emergency personal air filtering device 10; Fig. 1-2) comprising a nose piece (nose clip 16; Fig. 1-2) wherein the nose piece comprises a nose clamp (By wearing the nose clip 16 shown in FIG. 1 and 2, ambient air is prevented from flowing through the user's nostrils when using the air filtering device 10. The nose clip 16 has a spring clip 50 with a pair of legs 52 and 53 connected by a cross member 54 that includes a torsion spring 56. The ends of the legs 52 and 53 which are remote from the cross member 54 are attached to separate mushroom-shaped nose depressors 58 and 59. The force provided by torsion spring 56 on legs 52 and 53 causes the nose depressors 58 and 59 to abut one another when the device is not in use. Each nose depressor 58 and 59 has a stem 60 and 61, respectively, which can be grasped by the user for installation and removal of the nose clip 16; col 4 line 56-col 5 line 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the nose piece of Key with the nose clip and nose depressors of Smith to provide an embodiment where air flow to only the mouth is optimal compared to air flow through both the mouth and nose or solely through the nose.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1), and Trainor (US 20180085247 A1) as applied to claim 1 above, and further in view of Fuller et al. (US 20160325066 A1) and Barlow et al. (US 20120152255 A1).
Regarding claim 12, modified Key discloses the respirator of Claim 1 but does not disclose further comprising a sealing plate to seal a tracheostomy stomata of a user and a hose wherein said hose connects the sealing plate to the respirator; further comprising a means to attach the respirator onto the clothing of the user.
However, Fuller teaches a tracheostomy tube (Tracheal Tube Apparatus and Methods; Title) connected to for a respirator ([0163]), comprising a sealing plate to seal a tracheostomy stomata of a user ([0163] face plate 3103; Fig. 31) and a hose ([0163] elbow joint 3115 including connector 3111; Fig. 31) wherein said hose connects the sealing plate to the respirator ([0163] A connector 3111 for the respiratory device (e.g., respirator) is attached (or may be integral with) a bottom portion of the elbow joint, as shown).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Key to implement a tracheal tube apparatus, specifically a tracheostomy tube apparatus with a face plate, elbow joint and connector to connect the tracheostomy stoma directly to the respirator to deliver filtered air to the trachea as taught by Fuller. This provides the benefit of bypassing the nasal airway and directly delivering air to the trachea.
Additionally, Barlow teaches a system for attaching an auxiliary gas source onto the clothing of a user. Specifically, Barlow teaches [0593] Certain embodiments relate to blowers adapted to be wearable and/or carried by the patient and not mask or head mounted. In certain embodiments, the blower or blowers may be carried, wearable, positioned on the head, positioned on or adjacent the mask or combinations thereof. [0596] In FIG. 41-1, the blower 50 is supported by a pendant-type arrangement 64. The pendant 64 may be part of a necklace, or pinned to the patient's clothing. The blower 64 includes an air tube connector 63 for connecting a tube to deliver the flow of breathable gas. FIG. 41-2 shows a blower 50 provided in a container configured to have a shape similar to a cologne bottle. In FIGS. 42, 43 and 52, the blower 2150 is supported by an article of clothing, such as a shirt (e.g., T-shirt) including a blower support structure (e.g., pocket) along the front of the shirt.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify further modify Key to implement a pendant to the respirator in order to secure the respirator to the patient’s clothing when it is not being worn on the face as taught by Barlow.
Claim(s) 25 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1) and Trainor (US 20180085247 A1) as applied to claim 24 above, and further in view of McConnell et al. (US 20090151728 A1).
Regarding claim 25, modified Key discloses the respirator of Claim 24 but does not disclose further comprising a fume filter wherein said fume filter is placed inside the cartridge housing and is located inside said dust cartridge.
Key teaches [0034] In some embodiments, interior filter 210 and exterior filter 211 can be impregnated with carbon to remove chemical fumes, gases, cigarette smokes, and odors.
Additionally, McConnell teaches a respiratory device with a filter ([0075] foam elements 3; Fig. 4-7) further comprising a filter (The filter may comprise a web of filter material mounted on the porous element. In addition, the filter may comprise a layer of activated carbon material).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Key to implement a layer of activated carbon into the interior filter as taught by McConnell in order to remove chemical fumes, gases, cigarette smokes, and odors. The fume filter (layer of activated carbon) is implemented into the interior filter of Key, therefore being located inside the dust cartridge (interior filter) with the interior filter and being placed inside the cartridge housing (exterior filter) as supported by Fig. 1-3.
Regarding claim 27, modified Key discloses the respirator of Claim 25 wherein said at least one flexible strap comprises at least one elastic band (R: [0064] elastic straps 70; Fig. 18-22).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1) and Trainor (US 20180085247 A1) in view of McConnell et al. (US 20090151728 A1) as applied to claim 25 above, and further in view of Templeton et al. (US 20040003810 A1).
Regarding claim 26, modified Key discloses the respirator of Claim 25 but does not disclose wherein said main housing is comprised of a semi rigid plastic material.
Key teaches [0049] In some embodiments, durable and lightweight materials are utilized to build the current invention. When the air filtration apparatus is both durable and light, the apparatus satisfies many needs in different types of activities.
Templeton teaches a respirator (Respirator Hood Assembly; Title) comprising a main housing (filter housing 34; Fig. 1 and 3) wherein said main housing is comprised of a semi rigid plastic material ([0040] the filter housing 34 and the inlet pipes 16 are made from a polymer impermeable to at least one of chemical agents and biological agents, and preferably both. Typical examples of materials include but are not limited to polycarbonates and thermoplastic polymers of high chemical resistance). Polycarbonate is a known semi-rigid plastic material in the art, as supported by Applicant’s specs.
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 main housing of Key to be made from polycarbonate as taught by Templeton in order to provide a durable and light material that has the added benefit of being impermeable to biological agents.
Claim(s) 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1) and Trainor (US 20180085247 A1) in view of McConnell et al. (US 20090151728 A1), and further in view of Templeton et al. (US 20040003810 A1) as applied to claim 26 above, and further in view of Gusky et al. (US 20120111332 A1).
Regarding claim 28, modified Key discloses the respirator of Claim 26 but does not disclose wherein said nose piece comprises an access panel, two small tubes, and a housing wherein the two small tubes each fit into said housing, and wherein the two small tubes further fit into the access panel, wherein said access panel further is fitted into the housing.
Additionally, Gusky teaches a nasal breathing apparatus (Fig. 8-9) comprising an access panel ([0055] resilient pad 20d; Fig. 8-9), two small tubes ([0055] First nasal prong 54 and second nasal prong 56; Fig. 8-9), and a housing ([0055] first air passage 28d and second air passage 30d; Fig. 8-9) wherein the two small tubes each fit into said housing ([0055] a respective first end (e.g., first ends 58, 60, respectively) that may be configured to be at least partially received within a respective one of first air passage 28d and second air passage 30d of resilient pad 20d; Fig. 8-9), and wherein the two small tubes further fit into the access panel (Fig. 8-9), and teaches an embodiment wherein a access panel (resilient pad 20b) further is fitted into a housing (air delivery assembly 12. Examiner is interpreting this as a main or a secondary housing. Small tubes fit into a housing, then small tubes that are fitted into the housing fit into the access panel, the access panel cannot then fit into the housing that is fitted into the access panel via the small tubes, as supported by Applicant’s specifications pg. 11 line 14-26.) ([0053] air delivery assembly 12 and resilient pad 20b may include cooperating interlocking features for releasably coupling the nasal interface 18b with air delivery assembly 20b. For example, resilient pad 20b may include a groove (not shown) that may cooperate with bead 48 of air delivery assembly 12 to releasably couple resilient pad 20b and air delivery assembly 12. In a similar manner, resilient pad 20b may be sized to be at least partially received within opening 38 of air delivery assembly 12 (e.g., to provide an at least partial interference fit), thereby releasably coupling resilient pad 20b with air delivery assembly 12; figure 4. [0084] With various features have been described in the context of the individual embodiments, it should be appreciated that such various features described in separate embodiments are amenable to combination with one another. As such, it should be appreciated that the various features described herein above may be combined with one another).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the resilient pad 20d to include an interlocking feature cooperating with a corresponding interlocking feature of the air deliver assembly in order to fit the resilient pad into the air delivery as taught by embodiment of resilient pad 20b. Gusky [0084] supports combination of embodiments and [0053] teaches the benefit of allowing a user to releasably couple the pad to the air delivery assembly via the cooperating interlocking features.
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 nasal cones of the modified invention of Key to implement an access panel, two nasal prongs, with the nasal prongs fitting into the housing of the access panel and the access panel including an interlocking feature cooperating with a corresponding interlocking feature to fit the access panel into the main housing as taught by Gusky to deliver filtered air through the check valve and into the nares via the nasal prongs. This provides the benefit of personalizing nose guard, specifically the nasal prongs, for each patient while providing a comfortable seal to the patient as taught by Gusky [0055].
Regarding claim 29, modified Key discloses the respirator of Claim 28 further comprising at least one additional flexible strap (R: [0064] elastic straps 70; Fig. 18-22. There are two straps being depicted in the figures) wherein said means for securing said respirator to the user comprises a series of flexible straps ([0064] The mask 10 also includes elastic straps 70 or other fasteners to hold the mask 10 in place on a user's head; Fig. 18-22); said flexible straps are attached to said main housing via a means for securely attaching said flexible straps to said main housing ([0041] the mask 10 includes attachment loops 18 for connecting such elastic straps or other fasteners (not shown) that wrap around a user's head, to hold the edge 14 of the mask body 12 against the user's face; Fig. 1-3 and also seen in 18-2); said nose piece comprises a main body with a lower side (G: [0055] First nasal prong 54 and second nasal prong 56; Fig. 8-9) and two tubes (G: tubes formed from first nasal prong 54 and second nasal prong 56; Fig. 8-9); said tubes protruding via a first end from the lower side of the main body (G: see Fig. 8-9, the first end pillow portions 62 and 64 protrude via from the lower side of first nasal prong 54 and second nasal prong 56) and attached to the main housing via a second end (G: see Fig. 8-9 , the second end base portions 58 and 60 are attached to the main housing 28a and 30d).
Claim(s) 30 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1) and Trainor (US 20180085247 A1) in view of McConnell et al. (US 20090151728 A1) as applied to claim 25 above, and further in view of Hamilton et al. (US 20170360121 A1).
Regarding claim 30, modified Key discloses the respirator of Claim 25 but does not disclose further comprising lighting.
However, Hamilton teaches a PPE device comprising lighting. Specifically, Hamilton teaches [0037] a protective gear for a user, may be comprised of, or configured to receive, illumination apparatus FIGS. 4, 300 & 301. The illumination apparatus may be comprised LEDs or other lighting components. The illumination apparatus may include one or more LEDs/lighting components, FIGS. 4, 303, 304 & 305, wiring FIG. 4, 306, one or more switches FIGS. 4, 307 and/or 308 and one or more battery pack(s) FIGS. 4, 309 & 310. The illumination apparatus FIG. 4, 300 may be attachable and detachable from the invention, allowing the user to incorporate the illumination apparatus at any time. [0038] The LEDs/lighting components, e.g., FIGS. 4, 303, 304 and/or 305, used in the illumination apparatus FIGS. 4, 300 and/or 301 of the invention may vary in colors. In these non-exclusive, non-limiting embodiments, the user may: (i) continuously illuminate the apparatus while the protective gear is worn by the user, which provides additional safety to the user, allowing the user to be more visible to third parties, especially when the user utilizes the protective gear illumination apparatus while traveling on roadways; or (ii) only illuminate the apparatus when the user desires the LED(s)/lighting component(s) to be illuminated. Other non-exclusive, non-limiting embodiments of the invention illustrated in the form of a protective head gear for a user, may be comprised of one or more LED(s)/lighting component(s) FIG. 4, 305 at the center of the base of the invention, to provide a flashlight function to the invention. In this embodiment of the invention, the LED(s)/lighting component(s) FIG. 4, 305 may be turned on-and-off by the user, and aimed directionally by the user, to illuminate areas that the user desires illuminated.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Key to implement an illumination apparatus with multiple LEDs on the body of the air filtration apparatus functioning as a flashlight in order illuminate the user and/or their surrounding area to improve the user’s safety, as taught by Hamilton.
Regarding claim 32, modified Key discloses the respirator of Claim 30 wherein the lighting is touch activated (H: [0038] Other non-exclusive, non-limiting embodiments of the invention illustrated in the form of a protective head gear for a user, may be comprised of one or more LED(s)/lighting component(s) FIG. 4, 305 at the center of the base of the invention, to provide a flashlight function to the invention. In this embodiment of the invention, the LED(s)/lighting component(s) FIG. 4, 305 may be turned on-and-off by the user, and aimed directionally by the user, to illuminate areas that the user desires illuminated. [0039] The types of switches for the illumination apparatus may be comprised of, without limitation, linear switches, tactile switches, momentary pressure switches, clicky switches and/or non-clicky switches. The types of switches listed require some sort of tactile feedback to be activated/“turned on”).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Key (US 20180008847 A1), Richardson et al. (US 20220054871 A1) and Trainor (US 20180085247 A1) in view of McConnell et al. (US 20090151728 A1), and further in view of Hamilton et al. (US 20170360121 A1) as applied to claim 30 above, and further in view of Jacob et al. (US 20140259253 A1).
Regarding claim 31, modified Key discloses the respirator of Claim 30 wherein the lighting comprises multiple lights (H: [0037] The illumination apparatus may include one or more LEDs/lighting components, FIGS. 4, 303, 304 & 305) and an additional light, said additional light providing illumination for the user to see in poorly lit areas (H: [0038] a protective head gear for a user, may be comprised of one or more LED(s)/lighting component(s) FIG. 4, 305 at the center of the base of the invention, to provide a flashlight function to the invention. In this embodiment of the invention, the LED(s)/lighting component(s) FIG. 4, 305 may be turned on-and-off by the user, and aimed directionally by the user, to illuminate areas that the user desires illuminated), but does not disclose the lighting comprises multiple lights for communication purposes.
However, Jacob teaches LED lights provided on PPE for communication purposes. Specifically, Jacob teaches [0045] Many of the described embodiments include the use of LED or any similar low power lighting apparatus connected to one or more switches or triggers so the lights can be activated and/or deactivated by the user. FIG. 6 shows multiple LED emitters 30 positioned on the outer rear surface of the strap used for holding the face protector embodiment in position. These lights can be activated as a signal to others of a state condition such as when the user is riding a motorcycle and he or she is running low on fuel, he or she can activate one or more light emitters to let others riding nearby know that the user is running low on fuel. In other examples, the one or more light emitters positioned on the external portion of the protection component may be used to signal other events, statuses or requests.
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 some of the LEDs of the modified invention of Key to be used to signal an event, status or request to another person while the user is wearing the device as taught by Jacob. This provides the benefit of not having to remove the entire device to communicate.
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 Mautin I Ashimiu whose telephone number is (571)272-0760. The examiner can normally be reached Monday - Friday, 7:30 a.m. - 4:30 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached on 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.I.A./Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785