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 office action is in response to the preliminary amendment filed 3/23/23. Claims 1-26 are pending in the instant application.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, the claim is indefinite as it appears that it is a dependent claim but is missing the claim to which it depends on. Thus the metes and bounds of the claim cannot be ascertained. For examination purposes this claim will be treated as if dependent on claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5-8, 11-13, 17-20, 22, and 24 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Marx (2007/0240716).
Regarding claim 1, Marx discloses a personal isolation system (see Fig. 1-13, abstract for example) which includes a passive filtration component having a mask configured for positioning over a mouth and/or nose of a user wherein the mask has at least one portion configured to filter air passing through the at least one portion (see Fig. 1, passive filtration component 7 which is a mask and includes portion 14 which filters air passing therethrough, see para. 0053; Fig. 6 mask 502 with filtering portion 522, see para. 0059); an active filtration component having a fan which is configured to filter air entering or exiting the active filtration component via the fan (see Fig. 1, active filtration component 200 with fan 206 and filter cartridge 212, see para. 0055; Fig. 6 active filtration component 500, fan 550, filter 516 see para. 0074, 0061, and 0053); and a hose fluidly coupled between the passive filtration component and the active filtration component such that the active filtration component is remote from a face of the user when in use (see Fig. 1, hose 4 and 5, see para. 0054, Fig. 6, hose 506 and 508, para. 0059; Fig. 1 and 6 showing active filtration component remote from a face of the user when in use as shown).
Regarding claim 5, the Marx device’s fan of the active filtration component is selectively actuatable (see para. 0074, blower 550 controlled by manual switch or automatic sensing system).
Regarding claim 6, the Marx device includes a first portion of the hose being fluidly coupled to a side of the mask (see Fig. 1 and para. 0054, first portion 5 connected at side of the mask as shown, see Fig. 6 and para. 0061, first portion 508 connected at side of mask at 520).
Regarding claim 7, the Marx device’s hose is detachably coupled to the passive filtration component (see para. 0082).
Regarding claim 8, the Marx device’s mask is comprised of one or more layers (see para. 0054, “filter after the one-way valve 14” being at least one layer).
Regarding claim 11, the Marx device’s active filtration component is located remote from the face and positioned upon or in proximity to a body or torso of the user when in use (see Fig. 1 and 6 for example, showing active filtration component 200/500 located remote from face and on the body/torso as shown).
Regarding claim 12, the use of the Marx device includes a method (see also claims 10-19) of filtering air (see Fig. 1-13, abstract for example) including positioning a passive filtration component having a mask over a mouth and/or nose of a user, wherein the mask has at least one portion configured to filter air passing through the at least one portion (see Fig. 1, passive filtration component 7 which is a mask and includes portion 14 which filters air passing therethrough, see para. 0053; Fig. 6 mask 502 with filtering portion 522, see para. 0059); positioning an active filtration component having a fan remote from a face of the user, wherein the active filtration component is configured to filter air entering or exiting the active filtration unit (see Fig. 1, active filtration component 200 with fan 206 and filter cartridge 212, see para. 0055; Fig. 6 active filtration component 500, fan 550, filter 516 see para. 0074, 0061, and 0053); and actuating the active filtration component such that air is passed between the active filtration component and the passive filtration component via a hose fluidly coupled between (see Fig. 1, hose 4 and 5, see para. 0054, Fig. 6, hose 506 and 508, para. 0059; Fig. 1 and 6 showing active filtration component remote from a face of the user when in use as shown; para. 0074 regarding actuation via manual switch).
Regarding claim 13, the Marx method’s actuating the active filtration component comprises actuating the fan in a first direction of the fan such that filtered air is passed from the active filtration component and into the passive filtration component for inhalation by the user (see Fig. 1, active filtration component 200 with fan 206 and filter cartridge 212, see para. 0055; Fig. 6 active filtration component 500, fan 550, filter 516 see para. 0074, 0061, and 0053).
Regarding claim 17, the Marx method’s actuating the active filtration comprises selectively actuating the fan of the active filtration component (see para. 0074, blower 550 controlled by manual switch or automatic sensing system).
Regarding claim 18, the Marx method is such that a first portion of the hose is fluidly coupled to a side of the mask (see Fig. 1 and para. 0054, first portion 5 connected at side of the mask as shown, see Fig. 6 and para. 0061, first portion 508 connected at side of mask at 520).
Regarding claim 19, the Marx method’s hose is detachably coupled to the passive filtration component (see para. 0082).
Regarding claim 20, the Marx method’s mask is comprised of one or more layers (see para. 0054, “filter after the one-way valve 14” being at least one layer).
Regarding claim 22, the Marx method includes detaching the active filtration component from the passive filtration component (see para. 0082, detaching for example to rinse or wash the system).
Regarding claim 24, the Marx method includes positioning the active filtration component comprises positioning the active filtration component such that the fan is positioned upon or in proximity to a body or torso of the user (see Fig. 1 and 6 for example, showing active filtration component 200/500 located remote from face and on the body/torso as shown).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marx in view of Bowen (6,257,235).
Regarding claims 2 and 14, the Marx device/method is silent as to the fan being reversible such that a first direction of the fan urges filtered air from the active filtration component into the passive filtration component for inhalation by the user, and a second direction of the fan urges exhaled air from the user into the active filtration component for filtering; however, Bowen teaches a similar device/method which includes this limitation (see Bowen col. 4 ln. 37-47). Thus 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 Marx device/method to reverse the direction of the fan to a second direction to urge exhaled air from the user into the active filtration component, as taught by Bowen, in order to allow the user to choose the direction of air flow and draw exhaled air out to enhance breathability (Bowen col. 4 ln. 37-47).
Claim(s) 3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marx in view of Schuller (2013/0037027).
Regarding claims 3 and 15, the Marx device/method is silent as to the active filtration component having a HEPA filter in fluid communication with the fan; however, Schuller teaches a similar personal isolation system/method of use which includes an active filtration component/fan with a HEPA filter (see Schuller para. 0031). Thus 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 Marx device/method’s active filtration component to include a HEPA filter, as taught by Schuller, in order to provide a high level of air filtration (via the high efficiency particular air filter element).
Claim(s) 4, 9, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marx in view of Weinberg (2009/0277451).
Regarding claims 4, 9, 16, and 21, the Marx device/method is silent as to the at least one portion of the mask including/additionally including a filter fabricated from an electrostatic felt material; however, Weinberg teaches a similar personal filtration device which includes an electrostatic felt filter (see Weinberg para. 0050). Thus 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 Marx device/method’s mask filter to include an electrostatic felt filter, as taught by Weinberg, in order to “enhance filtration efficiency for viral sized particles (see Weinberg para. 0050).
Claim(s) 10 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Max in view of Feasey et al. (WO 2017/065620).
Regarding claims 10 and 23, the Marx device/method’s active filtration component is located remote from the face of the user when in use (see Fig. 1 and 6 for example), but is silent as to it being located upon or in proximity to a neck of the user when in use; however, Feasey discloses a similar device/method which includes a fan unit located on the user’s neck (see Feasey Fig. 1, 3-4, 6, and 7; pg. 22 ln. 30 through pg. 23 ln. 3). Thus 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 Marx device/method’s active filtration component to be located in proximity/upon the user’s neck, as taught by Feasey, as this would have been obvious rearrangement of parts/substitution of known elements for such a component and one would expect the modified Marx device/method to perform equally as well.
Claim(s) 1, 26, 12, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Warren (2009/0000618) in view of Marx.
Regarding claim 1, Warren discloses a personal isolation system (see Fig. 18-19, abstract, see also Fig. 1) which includes a passive filtration component having a mask configured for positioning over a mouth and/or nose of a user wherein the mask has at least one portion configured to filter air passing through the at least one portion (see Fig. 18-19, passive filtration component 266 which is a mask and includes portion which filters air passing therethrough, see para. 0110-0111); an active filtration component which is configured to filter air entering or exiting the active filtration component (see Fig. 1, active filtration component 34 with gas generator 42 and filter region 46, see para. 0079); and a hose fluidly coupled between the passive filtration component and the active filtration component such that the active filtration component is remote from a face of the user when in use (hose 50, see Fig. 1 and 18-19). Warren is silent as to the active filtration component explicitly including a fan (note Warren discloses a ‘gas compression region 42’ but silent as to this explicitly being a fan); however, Marx teaches a similar system which includes an active filtration component including a fan (see Marx: Fig. 1, active filtration component 200 with fan 206 and filter cartridge 212, see para. 0055; Fig. 6 active filtration component 500, fan 550, filter 516 see para. 0074, 0061, and 0053). Thus 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 Warren device’s active filtration component to explicitly include a fan, as taught by Marx, as this would have been obvious substitution of one known element for another and one would expect the modified Warren device to perform equally as well.
Regarding claim 26, the modified Warren device’s hose is fluidly de-couplable such that the passive filtration component is operable to filter inhaled and exhaled air without the active filtration component (see Warren para. 0056-0057 and 0110-0111).
Regarding claim 12, the use of the Warren device includes a method of filtering air (see Fig. 18-19, abstract, see also Fig. 1) including positioning a passive filtration component having a mask over a mouth and/or nose of a user, wherein the mask has at least one portion configured to filter air passing through the at least one portion (see Fig. 18-19, passive filtration component 266 which is a mask and includes portion which filters air passing therethrough, see para. 0110-0111); positioning an active filtration component remote from a face of the user, wherein the active filtration component is configured to filter air entering or exiting the active filtration unit (see Fig. 1, active filtration component 34 with gas generator 42 and filter region 46, see para. 0079); and actuating the active filtration component such that air is passed between the active filtration component and the passive filtration component via a hose fluidly coupled between (hose 50, see Fig. 1 and 18-19, see para. 0043). Warren is silent as to the active filtration component explicitly including a fan (note Warren discloses a ‘gas compression region 42’ but silent as to this explicitly being a fan); however, Marx teaches a similar system which includes an active filtration component including a fan (see Marx: Fig. 1, active filtration component 200 with fan 206 and filter cartridge 212, see para. 0055; Fig. 6 active filtration component 500, fan 550, filter 516 see para. 0074, 0061, and 0053). Thus 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 Warren method’s active filtration component to explicitly include a fan, as taught by Marx, as this would have been obvious substitution of one known element for another and one would expect the modified Warren method to perform equally as well.
Regarding claim 25, the modified Warren method includes fluidly de- coupling the active filtration component from the passive filtration component such that the passive filtration component is operable to filter inhaled and exhaled air without the active filtration component (see Warren para. 0056-0057 and 0110-0111).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kummer et al. (2010/0175556), Burnett et al. (2007/0163586), White (5,117,821), Lovell (7,118,608), and Kao et al. (2014/0373846) disclose personal isolation systems similar to the claimed/disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached at 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN W STUART/Primary Examiner, Art Unit 3785