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 .
This action is in response to the filing on 9/2/2025. Since the previous filing, no claims have been added, amended or cancelled. Thus, claims 1, 4-12, 14-21 and 23-29 are pending in the application.
In regards to the previous 103 rejections, Applicant’s arguments are not persuasive and these rejections are maintained below.
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) 1, 4-9, 11-12, 14, 18-21 and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2019/0131358) in view of Cohen (US 2022/0080227) and Wilson (US 2014/0102442).
In regards to claim 1, Gwon discloses a personal ventilation device (Fig 1) comprising: a first duct segment (one side flow path 11) and a second duct segment (other side flow path 11) held by a support structure (main body 1) that is configured to be mounted on a wearer of the personal ventilation device (Fig 7), wherein the support structure comprises an outer case, wherein the first duct segment and the second duct segment are within the outer case (Fig 5 and 6 show housing through which flow paths 11 extend); and a first nozzle mounted to the first duct segment and a second nozzle mounted to the second duct segment (outlets 3, paragraph 22), wherein the first and second nozzles are configured to be disposed proximate to opposite sides of a face of the wearer and the first nozzle directs airflow from the first duct segment across the face of the wearer to form a control volume across the face of the wearer for a breathing space of the wearer (paragraph 30, Fig 7).
Gwon does not disclose wherein the nozzles are disposed along first and second top surfaces of first and second sides of the outer case, wherein the first and second nozzles project above the first and second top surface and are disposed on respective replaceable first and second end effectors, or wherein the second nozzle draws the airflow that is emitted from the first nozzle from the control volume across the face of the wearer into the second duct to collect used air from the control volume across the face of the wearer and enable a unidirectional flow direction across the face of the wearer.
However, Cohen teaches wherein the nozzles (mouthpiece 3) are disposed along a top surface of a side of the outer case, wherein the nozzles project above the top surface and are disposed on respective and replaceable end effectors (articulated arm 9 mounted onto collar 2, paragraph 33 and 83, Fig 2 and 2A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the first and second nozzles are disposed along first and second top surfaces of first and second sides of the outer case, wherein the nozzles project above the first and second top surface and are disposed on respective replaceable first and second end effectors as taught by Cohen a this would allow the position of the nozzles to be manipulated to place them at a location which best suits the user.
Further, Wilson teaches wherein the second nozzle draws the airflow that is emitted from the first nozzle from the control volume across the face of the wearer into the second duct to collect used air from the control volume across the face of the wearer and enable a unidirectional flow direction across the face of the wearer (air return device 36 draws in air emitted by the accessory 12, paragraph 82 and 89-91, Fig 6 and 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the second nozzle draws the airflow that is emitted from the first nozzle from the control volume across the face of the wearer into the second duct to collect used air from the control volume across the face of the wearer and enable a unidirectional flow direction across the face of the wearer as taught by Wilson as this would ensure a smooth current or single direction current across the facial area of the user to maintain a protected clean area.
In regards to claim 4, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses wherein the first duct segment is fluidly coupled to the second duct segment within an integrated duct assembly and an air filter is disposed within the integrated duct assembly to filter the airflow that forms the control volume (filter 6 at intake flowing into flow path 11, paragraph 22, Fig 3).
In regards to claim 5, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses wherein a first air filter is disposed within the first duct segment to filter the airflow that forms the control volume (filter 7 at outlet 3, paragraph 26, Fig 7).
In regards to claim 6, Gwon in view of Cohen and Wilson teaches the device of claim 5 and Gwon further discloses a second air filter is disposed within the second duct segment to filter airflow through the second duct segment (filter 5 on both sides, paragraph 28, Fig 2 and 5).
Gwon does not disclose wherein the first and second duct segments are fluidly discrete and disconnected.
However, Wilson teaches wherein the first and second duct segments are fluidly discrete and disconnected (Fig 6 at least shows channel system 16 having two discrete lines, Fig 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the first and second duct segments are fluidly discrete and disconnected as taught by Wilson as this would provide independent airstreams with may prevent disruption or contamination between the two and provide a specifically shaped curtain of air to encompass the user face to generate a zone free of contaminants (Wilson: paragraph 53).
In regards to claim 7, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses further comprising at least one intake port to supply one or more of ambient air or conditioned air into at least the first air duct (intake 2, paragraph 22, Fig 7).
In regards to claim 8, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses further comprising a fan controlled to drive the airflow that forms the control volume through the first nozzle (fans 5 discharge air through outlets 3, paragraph 28, Fig 5).
In regards to claim 9, Gwon in view of Cohen and Wilson teaches the device of claim 8 and Gwon further discloses further comprising an electrical energy storage device mounted to the support structure and electrically connected to the fan (paragraph 33).
In regards to claim 11, Gwon in view of Cohen and Wilson teaches the device of claim 8 and Gwon further discloses wherein the fan is a first fan associated with the first duct segment, and the personal ventilation device further comprises a second fan associated with the second duct segment (fans 5 on outlets 3, paragraph 28, Fig 5).
Gwon does not disclose wherein the second fan is controlled to draw the airflow that forms the control volume into the second duct segment to provide a unidirectional flow direction across the face of the wearer.
However, Wilson teaches wherein the second fan is controlled to draw the airflow that forms the control volume into the second duct segment to provide a unidirectional flow direction across the face of the wearer (air return 36 draws air in, paragraph 82).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the second fan is controlled to draw the airflow that forms the control volume into the second duct segment to provide a unidirectional flow direction across the face of the wearer as taught by Wilson as this would ensure a smooth current or single direction current across the facial area of the user to maintain a protected clean area.
In regards to claim 12, Gwon in view of Cohen and Wilson teaches the device of claim 8 and Gwon further discloses wherein the fan is a first fan associated with the first duct segment, and the personal ventilation device further comprises a second fan associated with the second duct segment, wherein the second fan is controlled drive airflow from the second duct segment out of the second nozzle to contribute to the formation of the control volume (paragraph 28, Fig 2 and 5).
In regards to claim 14, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses wherein support structure is sized and shaped for mounting to at least one of a head, neck, chest, or shoulders of the wearer (paragraph 30, Fig 7).
In regards to claim 18, Gwon in view of Cohen and Wilson teaches the device of claim 1.
Gwon does not disclose wherein the support structure includes an adjustable frame that holds the first and second duct segments in a fixed position relative to the wearer.
However, Cohen teaches wherein the support structure includes an adjustable frame that holds the first and second duct segments in a fixed position relative to the wearer (paragraph 92).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the support structure includes an adjustable frame that holds the first and second duct segments in a fixed position relative to the wearer as taught by Cohen as this would allow adjustability such that the device may be fitted to suit the user.
In regards to claim 19, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses wherein the personal ventilation device is self-contained and portable such that wearer can be mobile while wearing the personal ventilation device (paragraph 30, Fig 7).
In regards to claim 20, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses wherein each of the first and second nozzles is disposed within 6 inches of a chin of the wearer (Fig 7 shows device looped around the neck of the user directly below the chin).
In regards to claim 21, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Gwon further discloses wherein the first nozzle defines an elongated slot to shape the control volume (guide members 20 and 21, paragraph 29, Fig 5 and 6).
In regards to claim 28, Gwon in view of Cohen and Wilson teaches the device of claim 1 and Cohen further teaches wherein the first and second replaceable end effectors are flexible and adjustable (paragraph 83).
In regards to claim 29, Gwon in view of Cohen and Wilson teaches the device of claim 1.
While the combination does not explicitly disclose wherein the control volume is within ten inches in front of the nose and mouth of the wearer of the personal ventilation device, the combination shows the control volume around the nose and mouth of the wearer (Gwon: Fig 7: Cohen: abstract, Fig 9; Wilson: abstract, Fig 6 and 9).
While the combination does not explicitly teach that the control volume is within 10 inches in front of a nose or mouth of a user, Gwon places the nozzles at the base of the neck of the user (Fig 7) and that the airflow is directed towards the nose of the user (paragraph 30). Further, Cohen shows the nozzle directing airflow around the nose and mouth of the user (Fig 8 and 9) and Wilson shows airflow output and return forming a control volume across the face of the user (Fig 6 and 9). As prior art drawings may be relied upon for what they may reasonably teach one of ordinary skill in the art (MPEP 2125), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the control volume is within 10 inches in front of a nose or mouth or a user as taught by Gwon, Cohen and Wilson as this would ensure that the clean air is delivered in such a manner as to provide a protected space from which the user can breathe while the device maintains a distance which will not interfere with the user.
Claim(s) 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2019/0131358) in view of Cohen (US 2022/0080227).
In regards to claim 24, Gwon discloses a personal ventilation device (Fig 1) comprising: a duct including a first duct segment and a second duct segment (flow paths 11) held by a support structure that is configured to be mounted on a wearer of the personal ventilation device (Fig 1 and 7), wherein the support structure comprises an outer case, wherein the first duct segment and the second duct segment are within the outer case (Fig 5 and 6 show housing through which flow paths 11 extend); a first nozzle and a second nozzle mounted to the duct and disposed proximate to one side of a face of the wearer (outlets 3 and guide members 20 and 21), the first nozzle and the second nozzle positioned and shaped to direct airflow from the duct across the face of the wearer to form a control volume for a breathing space of the wearer (paragraph 30, Fig 7, paragraph 29, Fig 5 and 6).
Gwon does not disclose wherein the first and second nozzles are disposed along first and second top surfaces of first and second sides of the outer case, wherein the nozzles project above the first and second top surfaces, wherein the first and second nozzles are disposed on respective first and second replaceable end effectors.
However, Cohen teaches wherein the nozzles (mouthpiece 3) are disposed along a top surface of a side of the outer case, wherein the nozzles project above the top surface and replaceable end effectors (articulated arm 9 mounted onto collar 2, paragraph 33 and 83, Fig 2 and 2A), wherein the nozzles are disposed on the respective replaceable end effectors (paragraph 33 and 83, Fig 2 and 2A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the first and second nozzles are disposed along first and second top surfaces of first and second sides of the outer case, wherein the first and second nozzles project above the first and second top surface and, wherein the first and second nozzles are disposed on respective first and second replaceable end effectors as taught by Cohen as this would allow the nozzle to be positioned at the best location to suit the user.
In regards to claim 25, Gwon in view of Cohen teaches the device of claim 24 and Gwon further discloses wherein a filter is disposed within the duct to filter the airflow prior to emission through the nozzle (filter 7 at intake 2 and filters 5 on both sides, paragraph 28, Fig 2 and 5).
In regards to claim 26, Gwon in view of Cohen teaches the device of claim 24 and Gwon further discloses further comprising a battery- powered fan secured to the duct and configured to drive the airflow through the duct to form the control volume (paragraph 33).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2019/0131358) in view of Cohen (US 2022/0080227) and Wilson (US 2014/0102442) as applied to claims 1 and 8 above and in view of Henshaw (US 2022/0095736).
In regards to claim 10, Gwon in view of Cohen and Wilson teaches the device of claim 8.
Gwon does not disclose further comprising an electrical connector electrically connected to the fan and configured to releasably connect to a power cable of an external power source for powering the fan.
However, Henshaw teaches further comprising an electrical connector electrically connected to the fan and configured to releasably connect to a power cable of an external power source for powering the fan (power cord 12, paragraph 95).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon further comprising an electrical connector electrically connected to the fan and configured to releasably connect to a power cable of an external power source for powering the fan as taught by Henshaw as this would provide the device with recharging capacity such that it can be recharged for extended use.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2019/0131358) in view of Cohen (US 2022/0080227) and Wilson (US 2014/0102442) as applied to claim 1 above and in further view of Little (US 2005/0229557).
In regards to claim 15, Gwon in view of Cohen and Wilson teaches the device of claim 1.
Gwon does not disclose wherein the support structure is a travel pillow that wraps around at least a majority of a neck of the wearer and the first and second duct segments are at least partially contained within an interior volume of the travel pillow.
However, Little teaches wherein the support structure is a travel pillow (pillow 100) that wraps around at least a majority of a neck of the wearer (paragraph 22) and the first and second duct segments are at least partially contained within an interior volume of the travel pillow (paragraph 21, Fig 6 and 8-10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the support structure is a travel pillow that wraps around at least a majority of a neck of the wearer and the first and second duct segments are at least partially contained within an interior volume of the travel pillow as taught by Little as this would allow the device to serve the users comfort as well as safety during transit.
In regards to claim 16, Gwon in view of Cohen, Wilson and Little teaches the device of claim 15.
The combination does not teach wherein the travel pillow includes a foam material within the interior volume.
However, Little teaches wherein the travel pillow includes a foam material within the interior volume (paragraph 22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Gwon wherein the travel pillow includes a foam material within the interior volume as taught by little as this is a known material for such pillows which would both provide comfort to the user and maintain structural integrity.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2019/0131358) in view of Cohen (US 2022/0080227) and Wilosn (US 2014/0102442) as applied to claim 1 above and in further view of Heusser (US 2021/0187333).
In regards to claim 17, Gwon in view of Cohen and Wilson teaches the device of claim 1.
Gwon does not disclose wherein the support structure is a collar of a vest, the vest including fabric panels that lay on one or more of shoulders, chest, or back of the wearer.
However, Cohen teaches wherein the support structure is a collar of a vest (paragraph 94).
Further, Heusser teaches the vest including fabric panels that lay on one or more of shoulders, chest, or back of the wearer (paragraph 49, Fig 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the support structure is a collar of a vest, the vest including fabric panels that lay on one or more of shoulders, chest, or back of the wearer as taught by Cohen and Heusser as this would provide an easily wearable and discrete device to provide a protected area for the user.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohen (US 2022/0080227) in view of Gwon (KR 2019/0131358) and Wilson (US 2014/0102442).
In regards to claim 23, Cohen discloses a method for delivering sanitized air to a personal breathing space (paragraph 32), the method comprising: securing a first duct segment to a support structure that is configured to be mounted on a wearer of the personal ventilation device (plug 102 comprises connections 82 and 84 for air intake/outtake conduits and is mounted in collar 2, paragraph 83, Fig 1-3), wherein the support structure comprises an outer case, and wherein the first duct segment is within the outer case (plug 102 mounted in collar 2, Fig 1-3); disposing a first nozzle on a first replaceable end effector (mouthpiece 3 mounted onto articulated arm 9, paragraph 33), wherein the first nozzle is disposed along a first top surface of a first side of the outer case, and wherein the first nozzle projects above the first top surface (mouthpiece 3 on articulated arm 9 from plug 102, paragraph 83, Fig 1-3); and orienting the first nozzle to direct airflow from the first duct segment across the face of the wearer to form a control volume for the personal breathing space of the wearer (paragraph 54 line 1-7).
Cohen does not disclose a second duct segment, a second end effector and a second nozzle, wherein the first and second nozzles are mounted proximate to opposite sides of a face of the wearer, wherein the control volume is across the face of the wearer, and wherein the second nozzle draws the airflow that is emitted from the first nozzle from the control volume across the face of the wearer into the second duct to collect used air from the control volume across the face of the wearer and enable a unidirectional flow direction across the face of the wearer.
However, Gwon teaches a second air pathway (two opposing flow paths 11 ending in outlets 3, paragraph 22), wherein the first and second nozzles are mounted proximate to opposite sides of a face of the wearer (Fig 7) wherein the control volume is across the face of the wearer (paragraph 30, Fig 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cohen to further include a second duct segment, a second end effector and a second nozzle, wherein the first and second nozzles are mounted proximate to opposite sides of a face of the wearer as taught by Gwon as this may be considered a simple Duplication of Parts which has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI B) and would provide symmetrical and fully encompassing coverage of the users face and a bi-direction air flow which would ensure full coverage of the user’s face.
Further, Wilson teaches wherein the second nozzle draws the airflow that is emitted from the first nozzle from the control volume across the face of the wearer into the second duct to collect used air from the control volume across the face of the wearer and enable a unidirectional flow direction across the face of the wearer (air return device 36 draws in air emitted by the accessory 12, paragraph 82 and 89-91, Fig 6 and 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon wherein the second nozzle draws the airflow that is emitted from the first nozzle from the control volume across the face of the wearer into the second duct to collect used air from the control volume across the face of the wearer and enable a unidirectional flow direction across the face of the wearer as taught by Wilson as this would ensure a smooth current or single direction current across the facial area of the user to maintain a protected clean area.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2019/0131358) in view of Cohen (US 2022/0080227) and Wilson (US 2014/0102442) as applied to claim 1 above and in further view of Reese (US 2014/0360496).
In regards to claim 27, Gwon in view of Cohen and Wilson teaches the device of claim 1.
Gwon does not disclose further comprising a UV light source configured to emit UV light into a flow pathway of air.
However, Reese teaches a personal air curtain device (device 100) further comprising a UV light source configured to emit UV light into a flow pathway of air (paragraph 39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gwon further comprising a UV light source configured to emit UV light into a flow pathway of air as taught by Reese as this would provide a simple and self contained means by which to sterilize air being directed towards the user (Reese: paragraph 39).
Response to Arguments
In regards to Applicant’s arguments, these arguments are not persuasive.
In response to Applicant's continued argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, Examiner reiterates that it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Applicant’s assertion of hindsight reasoning is in relation to the combinations using Cohen, specifically in the duplication of the single nozzle of Cohen. Cohen is applied to primary reference Gwon, which has two nozzles, or is modified by Gwon to have two nozzles. As stated in the relevant rejections above, duplication of parts does not hold patentable weight unless a new and unexpected outcome results therefrom. Simply taking a singular structure and replicating it is not novel or inventive and it does not require hindsight to arrive at such a conclusion.
Applicant’s arguments with regards to Wilson are not persuasive. Applicant argues that Wilson does not teach the drawing in of airflow from the control volume. Examiner disagrees. Wilson explicitly states in reference to at least two embodiments that the air return takes in the air from the airflow distribution device. Applicant is misinterpreting Wilson against the explicitly stated teachings of Wilson as seen in the sections cited in the above rejections.
Arguments concerning claims which are in regards to their dependency on above argued claims are addressed in the above maintained rejections and responses.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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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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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785