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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Response to Amendment
The amendment to the claims filed on 12/08/2025 has been entered. In the amendment, claim 1 was amended, claim 5 was cancelled and claim 20 was added. Claims 1-4 and 6-20 are currently pending.
Applicant’s amendment to claim 1 overcomes the 112b rejection with regard to that claim.
Response to Arguments
Applicant’s arguments, see page 7 to page 8, first paragraph, filed 12/08/2025, with respect to the rejection(s) of claim(s) 1 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited Lambertsen (US 2418473) and in view of newly cited Bui (US 10905839).
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) 1-2, 6, 8, 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambertsen (US 2418473) in view of Bui (US 10905839).
Regarding claim 1, Lambertsen discloses a dome (11) (Fig. 1) for use with a human subject (Fig. 1), the dome comprising: a transparent (col, 2, lines 10-16) domed shield (Fig. 1) (col. 2, lines 10-16; Fig. 1; capable of intended use) formed in the shape of a partial ovoid (Fig. 1), an ellipsoid, or a sphere, the domed shield having an annular rim (13) (Fig. 1) (col. 2, lines 22-25); a flexible skirt (12) attached to and surrounding the annular rim of the domed shield (Fig. 1) (Fig. 4; col. 2, lines 32-45), such that the flexible skirt is configured to touch a surface that is in contact with the human subject (Fig. 1, skirt 12 is touching the user; col. 2, lines 32-45); a hose attachment port (21) (col. 2, lines 46- 54; Fig. 6]) formed on the domed shield (Fig. 1); and access opening (21’) (Fig. 3, col. 2, lines 46-54) in at least one of the domed shield (Fig. 1, the nipple which is an access opening is in the domed shield) and the flexible skirt.
Lambertsen does not disclose a negative pressure dome and access openings in at least one of the domed shield and the flexible skirt.
Bui teaches an analogous dome (2) (col. 3, lines 57-66; Fig. 1) for use with a human subject (col. 3, line 43-56, patient) wherein the dome is a negative pressure dome (col. 6, lines 24-39) and access openings (20) in an analogous domed shield (col. 4, lines 33-52).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the dome of Lambertsen is a negative-pressure dome and that the dome is comprising access openings in at least one of the domed shield and the flexible skirt, as taught by Bui, in order to provide an improved dome that keeps respiratory diseases from the patient inside the dome (Bui, col. 6, lines 24-39) and that facilitates access (col. 4, lines 33-52).
Regarding claim 2, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
Lambertsen further discloses wherein the transparent domed shield consists of a clear rigid plastic (col. 2 lines 12-16, methacrylate plastic, transparent).
Regarding claim 6, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
Lambertsen in view of Bui as combined does not disclose one or more light sources affixed to the domed shield and directed on the domed shield.
Bui further teaches one or more light sources (col. 2, line 58 to col. 3, line, 7; UV lights mounted within the dome) affixed to the analogous domed shield (col. 2, line 58 to col. 3, line 7) and directed on the domed shield (col. 2, line 58 to col. 3, line 7; as the lighting is mounted within the dome the UV lighting is directed on the domed shield).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the negative-pressure dome of Lambertsen in view of Bui is further comprising one or more light sources affixed to the domed shield and directed on the domed shield, as taught by Bui, in order to provide an improved negative-pressure dome that facilitates elimination of viruses expelled by the patient (Bui, col. 2 line 58 to col. 3, line 7).
Regarding claim 8, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not explicitly disclose wherein the domed shield has a longitudinal length between 20 cm and 30 cm, a lateral width between 15 cm and 25 cm, and a depth between 2 cm and 10 cm.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the domed shield has a longitudinal length between 20 cm and 30 cm, a lateral width between 15 cm and 25 cm, and a depth between 2 cm and 10 cm as Applicant has appeared to place no criticality on the claimed ranges (Applicant’s specification recites at [0008] that the domed shield may be sized with those dimensions but Applicant has not such specific measurements solves any stated problem or is for any particular purpose) and it appears that the domed shield of the combination would perform equally well with distances and dimensions of different sizes than those as claimed (See MPEP 2144.04 VI (C) citing In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 13, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not explicitly disclose wherein the domed shield has a longitudinal length between 50 cm and 100 cm, a lateral width between 30 cm and 80 cm, and a depth between 10 cm and 50 cm.
However, it would have been an obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the domed shield has a longitudinal length between 50 cm and 100 cm, a lateral width between 30 cm and 80 cm, and a depth between 10 cm and 50 cm as Applicant has appeared to place no criticality on the claimed ranges (Applicant’s specification recites at [0008] that the domed shield may be sized with those dimensions but Applicant has not such specific measurements solves any stated problem) and it appears that the domed shield of the combination would perform equally well with distances and dimensions of different sizes than those as claimed (See MPEP 2144.04 VI (C) citing In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 18, Lambertsen in view of Bui discloses the invention as described above.
Lambertsen in view of Bui as combined does not disclose a filter arrangement at the hose attachment port.
Bui further teaches an analogous hose attachment port (26) (col. 4, lines 33-57, suction port) and a filter arrangement (22) at the hose attachment port (col. 4, lines 33-57, viral filter may be connected to all the suction ports).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the hose attachment port of the negative-pressure dome of Lambertsen in view of Bui further comprises a filter arrangement at the hose attachment port, at taught by Bui, in order to provide an improved negative-pressure dome that minimizes viruses or bacteria from getting out of the dome (Bui, col. 4, lines 33-57).
Claim(s) 3-4, 7-9, 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambertsen (US 2418473) in view of Bui (US 10905839) as applied to claim 1 above, and in further view of Edalati (US 2021/0307871).
Regarding claim 3, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not disclose wherein the skirt is transparent.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield (Fig. 6) wherein the skirt is transparent ([0074]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the skirt of the negative-pressure dome of Lambertsen in view of Bui is transparent, as taught by Edalati, in order to provide an improved dome that facilitates viewing a portion of the patient (Edalati, [0074]).
Regarding claim 4, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not disclose wherein the access openings are at least partially occluded by flexible flaps that are deflectable to increase an open cross-section of the access openings.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield and analogous access openings (34a, 34b) ([0041]), the access openings in the domed shield (Fig. 2, Fig. 1) wherein the access openings are at least partially occluded by flexible flaps (98) ([0103]; [0104] Fig. 6) that are deflectable to increase an open cross-section of the access openings ([0103]; [0104]; capable of intended use).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the access openings of the negative-pressure dome of Lambertsen in view of Bui are at least partially occluded by flexible flaps that are deflectable to increase an open cross-section of the access openings, as taught by Edalati, in order to provide an improved negative-pressure dome that facilitates shifting the access openings into and out of a closed configuration (Edalati, [0104]).
Regarding claim 7, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not explicitly disclose wherein the access openings are disposed in the domed shield and are sized to have a cross-section between 3 cm2 and 15 cm2.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield and analogous access openings (34a, 34b) ([0041]), wherein the access openings are disposed on the in the domed shield (Fig. 2, Fig. 1) and are sized to have a cross-section between 3 cm2 and 15 cm2 ([0091]; [0095]; NOTE: each access opening includes an orifice 82 and a layer opening 90 associated with the orifice and the orifice has a diameter that ranges from about one half inch to about two inches; ALSO NOTE: one inch diameter is equal to a 2.54 cm diameter which is equal to a 1.27 cm radius and the cross sectional area is calculated by the formula: πr2 which is π(1.27)2 which is 5.06 cm2 which value falls within the claimed range).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that access openings of the negative-pressure dome of Lambertsen in view of Bui and are sized to have a cross-section between 3 cm2 and 15 cm2, as taught by Edalati, in order to provide an improved negative-pressure dome that facilitates extension of an arm through an orifice when flexed (Edalati, [0117]).
Regarding claim 8, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not explicitly disclose wherein the domed shield has a longitudinal length between 20 cm and 30 cm, a lateral width between 15 cm and 25 cm, and a depth between 2 cm and 10 cm.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield (Fig. 1) and analogous access openings (34a, 34b) ([0041]), wherein the domed shield has a longitudinal length (B2) ([0054]; NOTE: a height B2 can be considered a length depending on orientation) between 20 cm and 30 cm ([0054]; NOTE the height B2 ranges from about 6 inches to about 24 inches where about 6 inches is equal to 15.24 cm which falls within the range), a lateral width (D1) ([0057]; NOTE: a length D2 can be considered a depth depending on orientation and in that it is a width of the opening of the shield) between 15 cm and 25 cm ([0057]; NOTE: D2 ranges from about six inches to 12 inches and 6 inches is equal to 15.24 cm which falls within the claimed range), and a depth (D1) ([0057]; NOTE: a width D1 can be considered a depth depending on orientation and in that it is a depth of the opening of the shield) between 2 cm and 10 cm ([0055]; NOTE: D1 ranges from about 4 inches to about 8 inches and 4 inches converts to 10.16 cm which falls within the claimed range).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the domed shield of the negative-pressure dome of Lambertsen in view of Bui has a longitudinal length between 20 cm and 30 cm, a lateral width between 15 cm and 25 cm, and a depth between 2 cm and 10 cm, as taught by Edalati, in order to provide an improved negative-pressure dome that is sized to receive at least part of a patient (Edalati, [0049]).
Regarding claim 9, Lambertsen in view of Bui and in further view of Edalati discloses the invention as described above with regard to claim 8.
The combination does not disclose wherein the domed shield has a padded rim.
Edalati further teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent), an analogous skirt (64) attached to the domed shield (Fig. 1) wherein the domed shield has a padded rim (62) (Fig. 10; [106]; [0110]; [0111]]; NOTE: opening 62 has a rim [Fig. 10] and the rim is padded with flexible layers 86a, 86b, elastomeric layer 88b and adhesives 102 and 106 which are disposed around the rim as seen in Fig. 10).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the negative-pressure dome of Lambertsen in view of Bui and in further view of Edalati has a padded rim as taught by Edalati in order to provide an improved negative-pressure dome that facilitates providing flaps to the openings (Edalati, [0104]-[0106]).
Regarding claim 13, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
The combination does not explicitly disclose wherein the domed shield has a longitudinal length between 50 cm and 100 cm, a lateral width between 30 cm and 80 cm, and a depth between 10 cm and 50 cm.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield (Fig. 1) and analogous access openings (34a, 34b) ([0041]), wherein the domed shield has a longitudinal length (L) ([0051]) between 50 cm and 100 cm ([0051]; NOTE: length dimension L ranges from about 12 inches to about 30 includes where, for example, 12 inches converts to 30.48 cm which is within the claimed range), a lateral width (W) ([0051]) between 30 cm and 80 cm (0051]; NOTE: width dimension W ranges from about 12 inches to about 30 includes where, for example, 12 inches converts to 30.48 cm which is within the claimed range), and a depth (H) between 10 cm and 50 cm ([0051]; NOTE: height dimension H [which can be considered depth depending on orientation] ranges from about 12 inches to about 30 includes where, for example, 12 inches converts to 30.48 cm which is within the claimed range).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the domed shield of the negative-pressure dome of Lambertsen in view of Bui has a longitudinal length between 50 cm and 100 cm, a lateral width between 30 cm and 80 cm, and a depth between 10 cm and 50 cm as taught by Edalati in order to provide an improved negative-pressure dome that facilitates the dome receiving at least a part of a patient ([0049]).
Regarding claim 19, Lambertsen in view of Bui discloses the invention as described above.
Lambertsen further discloses a hose (20) configured to be attached at the hose attachment port (Fig. 6).
Lambertsen in view of Bui as combined does not disclose a vacuum pump with a filter arrangement disposed at a suction side of the vacuum pump.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield (Fig. 1) and analogous access openings (34a, 34b) ([0041]) an analogous hose (46) configured to be attached at an analogous hose attachment port (38) ([0043]; and Fig. 12) and a vacuum pump ([0045]) with a filter (48) arrangement disposed at a suction side of the vacuum pump ([0045]; [0043]; at is defined as in, on or near, dictionary.com; NOTE: though the pump is not seen it is implied that the pump is connected at the free outer side of the filter 48 i.e. the side opposite the side tubing 46 is seen as this is the side available for connection and the pump is a part of suction system 40 and thus has a suction side which connects to the filter [as opposed to another side to which the hose/tubing is not connected] and the tubing thus the filter is disposed at/near a suction side of the pump).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the negative-pressure dome of Lambertsen in view of Bui is further comprising a vacuum pump with a filter arrangement disposed at a suction side of the vacuum pump, as taught by Edelati, in order to provide an improved negative-pressure dome that facilitates restricting aerosols from exiting the chamber and for medical purposes (Edelati, [0008]; [0045]).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambertsen (US 2418473) in view of Bui (US 10905839) as applied to claim 1 above, and in further view of Warncke (US 3890647).
Regarding claim 10, Lambertsen in view of Bui discloses the invention as described above as applied to claim 1 above.
The combination does not disclose an arcuate wiper operable to wipe an interior surface of the domed shield via an external actuator.
Warncke teaches an analogous domed shield (3)(Fig. 1) comprising an arcuate wiper (7) (Fig. 2) (col. 2, lines 10-27) operable to wipe an interior surface of the domed shield (Fig. 2) via an external actuator (5, 8) (col. 3, line 10 to col. 4, line 14).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the domed shield of the negative-pressure dome of Lambertsen in view of Bui is further comprising an arcuate wiper operable to wipe an interior surface of the domed shield via an external actuator, as taught by Warncke, in order to provide an improved negative-pressure dome that facilitates fog removal (Warncke, col. 1, lines 11-15).
Regarding claim 11, Lambertsen in view of Bui and in further view of Warncke discloses the invention as described above with regard to claim 10.
Warncke further teaches wherein the wiper is pivotably mounted to the domed shield with an operating handle (8) extending out of the domed shield (Fig. 1, Fig.2; col. 1, lines 39-63).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambertsen (US 2418473) in view of Bui (US 10905839) as applied to claim 1 above, in view of Villa (US 2022/0008275) and further in view of Edalati (US 2021/030781).
Regarding claim 12, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
Lambertsen in view of Bui does not disclose wherein access openings are disposed in the flexible skirt and are sized to have a cross-section between 30 cm2 and 200 cm2.
Villa teaches an analogous domed shield (108) ([0047]; NOTE: the shield resemble a dome shape) and an analogous skirt (110) ([0047]; NOTE: portions of drape outside the shield are a skirt, Fig. 1A) wherein access openings (111b, 113b) are disposed in the flexible skirt ([0047]; Fig. 1A).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that access openings are disposed in the flexible skirt of the negative-pressure dome of Lambertsen in view of Bui, as taught by Villa, in order to provide an improved-negative-pressure dome that allows placement of a care provider’s hands adjacent a patient’s face (Villa, [0047]).
Lambertsen in view of Bui and in further view of Villa discloses the invention as described above.
The combination does not disclose wherein access openings are disposed are sized to have a cross-section between 30 cm2 and 200 cm2.
Edalati teaches an analogous negative-pressure dome (30) (Fig. 1; [0089]-[0091]; NOTE: fluid removal by suction is operable to remove an internal chamber pressure below an external pressure outside the housing) for use with a human (Fig. 1) comprising an analogous transparent domed shield ([0063], the walls of the chamber are generally transparent) and an analogous skirt (64) attached to the domed shield (Fig. 1) and analogous access openings (34a, 34b) ([0041]), that are sized to have a cross-section between 30 cm2 and 200 cm2 ([0060]; diameter dimension of the opening is from about 4 inches to about 8 inches thus in one example the radius is 2.0 inches [where the diameter is 4 inches] which is equal to 5.08 cm; ALSO NOTE: the cross sectional area is calculated by the formula: πr2 which is π(5.08)2 which is 81cm2 which value falls within the claimed range).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the access openings of the negative-pressure dome of Lambertsen/Bui/Villa are sized to have a cross-section between 30 cm2 and 200 cm2, as taught by Edalati, in order to provide an improved negative-pressure dome that permits chamber ingress and egress (Edalati, [0091]).
Claim(s) 14-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambertsen (US 2418473) in view of Bui (US 10905839) as applied to claim 1 above, and in further view of Orrington (US 2023/0373369).
Regarding claim 14, Lambertsen in view of Bui discloses the invention as described above with regard to claim 1.
Lambertsen in view of Bui does not disclose an articulated mount carrying the domed shield.
Orrington teaches an analogous domed shield (300) ([0059]; Fig. 3A) and an articulated mount (302) ([0060]; annotated Fig. 3A below; NOTE: arm 302 is mounted at a portion of the arm that is considered to be a mount to the face shield and the arm is articulated and thus is an articulated mount) carrying the domed shield ([0060]; Fig. 3A).
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It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the negative-pressure dome of Lambertsen in view of Bui is further comprising an articulated mount carrying the domed shield, as taught by Orrington, in order to provide an improved negative-pressure dome that facilitates moveable attachment of the shield to a chair or other object over which the shield has been place (Orrington, [0060]).
Regarding claim 15, Lambertsen in view of Bui and in further view of Orrington discloses the invention as described above with regard to claim 14.
Orrington further teaches wherein the articulated mount is attached to the domed shield separately from analogous hose attachment port (NOTE: annotated Fig. 3A above with regard to the claim 14 rejection shows the articulated mount is attached to the domed shield separately from a hose 305 attachment port of the dome shield).
Regarding claim 16, Lambertsen in view of Bui and in further view of Orrington discloses the invention as described above with regard to claim 15.
Lambertsen further discloses a hose (20) in fluid communication with the hose attachment port (Fig. 5, col. 2, lines 46-54).
The combination does explicitly disclose a hose configured to be connected to a suction port of a vacuum pump at a second end of the hose.
Orrington further teaches an analogous hose (305) in fluid communication with an analogous hose attachment port (annotated Fig. 3A above with regard to the rejection to claim 14) at a first end of the hose (annotated Fig. 3A above) and configured to be connected to a suction port of a vacuum pump (304) ([0066]) at a second end of the hose (annotated Fig. 3A above).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that a hose of the negative-pressure dome of Lambertsen/Bui/Orrington that is in fluid communication with the hose attachment port is configured to be connected to a suction port of a vacuum pump at a second end of the hose, as taught by Orrington, in order to provide an improved negative-pressure dome that facilitates creation of a vacuum and that may facilitate filtering (Orrinton, [0066]).
Regarding claim 20, Lambertsen in view of Bui discloses the invention as described above.
Lambertsen further discloses wherein the domed shield is above the human subject (Fig. 1 shows an upper portion of the dome above the human subject), wherein the domed shield does not directly engage any surface that is in contact with the human subject (Fig. 1, the subject is in contact with a surface and is covering the surface thus the domed shield does not directly engage any surface that is in contact with the human subject).
Lambertsen in view of Bui does not disclose wherein the domed shield is suspended above the human subject.
Orrington teaches an analogous domed shield (300) ([0059]; Fig. 3A) suspended above a human subject ([0060]; annotated Fig. 3A above with regard to claim 14; NOTE: arm 302 is connected to the dome and the arm is connected to the arm rest of the chair 303 thus suspending the dome).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the domed shield of the negative-pressure dome of Lambertsen in view of Bui is suspended, as taught by Orrington, in order to provide an improved negative-pressure dome that facilitates operable attachment to objects (Orrington, [0060]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambertsen (US 2418473) in view of Bui (US 10905839) and in further view of Orrington (US 2023/0373369) as applied to claim 16 above, and in further view of Banuelos (US 2019/0381265).
Regarding claim 17, Lambertsen in view of Bui and in further view of Orrington disclose the invention as described above with regard to claim 16.
Orrington further teaches wherein the hose is supported by an arm of the articulated mount via a retainer coupling the hose to the arm of the articulated mount ([0067]; annotated Fig. 3A above with regard to the claim 14 rejection).
The combination does not explicitly disclose a releasable retainer.
Banuelos teaches an analogous mount (40), an analogous hose (14) and an analogous retainer wherein the hose is supported by the analogous mount via a releasable retainer (18, 32) coupling the hose to the mount ([0017]; Fig. 5; [0017]; NOTE: as the hose is frictionally engaged in the saddler [retainer] via the pad, it follows that is a releasable retainer as the frictional force when overcome releases the hose).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the retainer of the negative-pressure dome of Lambertsen in view of Bui and in further view of Orrington is a releasable retainer as taught by Banuelos in order to provide an improved negative-pressure dome that engages and conforms to the hose (Banuelos, [0017]).
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 GINA MCCARTHY whose telephone number is (408)918-7594. The examiner can normally be reached Monday - Friday, 7:00-3:30 PT.
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/G.M./Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786