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 amendment filed 9/17/25. As directed by the amendment: claims 1, 3, and 7-8 have been amended, claims 9-20 have been cancelled, and no claims have been added. As such, claims 1-8 are pending in the instant application.
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.
Claims 1-8 are 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 1, the language “a ball with a second tube at its periphery” (line 7) is unclear as it is not known if this is referring to the hat tube set forth in line 2 or intending to set forth an additional tube at the brim, which the disclosure does not appear to support.
Regarding claim 1, the language “first and second tubes of the shirt” (line 9-10) is unclear as there does not appear to be a second tube ‘of the shirt’ but rather the second tube is provided at the bill of the hat.
Claims 2-8 are rejected based on dependency on a rejected claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnett et al. (2007/0163586) in view of Willan (2022/0118289) and Yu et al. (2017/0361133).
Regarding claim 1, Burnett discloses a combination of apparel (see Fig. 1-3, 6, and 7, abstract for example) which includes a hat which utilizes an air shield created by apertures in a hat tube to deflect viruses away from a wearer (see Fig. 1 and 3, hat 3, para. 0017-0019, Fig. 1 and 3 showing tubing 2 which connects to air channel 4, which is tubing, to create the air shield via apertures shown by arrows directing flow) the air shield including air passed through a filter (see para. 0017 which discloses air source 1 is a filtered air source); an air source and/or vacuum to create the air shield (see Fig. 1 and 3, air source 1, see para. 0017) with orifices that allow air to travel therethrough so as to create the air shield (see Fig. 1 and 3). Burnett is silent as to the hat including a bill and having a second tube at its periphery with orifices wherein the hat tube extends about a periphery of the hat including a crown portion and a bill; however, Willan teaches a similar apparel/hat device which includes a bill with tubing therein for creating the air shield via orifices (see Willan Fig. 1A-E 6-7, brim 115 with tubing 120 and orifices 125, see para. 0049 and 0056-0057, figures show tubing 120 extending around periphery of hat with brim 115 and crown portion as shown). 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 Burnett device’s hat to include a brim with tubing therein having orifices, as taught by Willan, as this would have been obvious substitution of one known element for another (replacing the hat of Burnett with that of Willan including a brim with tubing and orifices) and one would expect the modified Burnett device to perform equally as well. The now modified Burnett device includes a shirt which aids in creating the air shield including tubing and orifices to provide the air shield (see Burnett Fig. 3 which shows air channels 7, which are tubing, and para. 0019), but is silent as to the shirt having a collar with the tubing being a first tube lined therein. However, Yu discloses a similar device which utilizes a wearable device/apparel that includes tubing to provide air shield to expel contaminated air to combat airborne viruses in the including embodiments with a hat and located at a collar of a shirt (see Yu Fig. 25 showing hat, Fig. 22-23 showing wearable embodiment with tubing in a necklace or located at a collar of a shirt, see also para. 0188, 0111). 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 modified Burnett device to be incorporated with/located at a collar of a shirt, as taught by Yu, in order to provide additional clean air protection (via both hat and from shirt, Yu Fig. 22) and which would have been obvious substitution of one known element for another (replacement of the shirt of Burnett with that of Yu, having a collar with tubing lined therein) and one would expect the modified Burnett device to perform equally as well. The modified Burnett device is such that wherein the air source and/or vacuum is connected to the hat tube and first and second tubes of the shirt to create the air shield for the hat and shirt (see Burnett Fig. 3 showing combination air shield provided by hat and shit, see Yu Fig. 22-23 showing shirt embodiment with tubing located in collar of shirt which is provided to the combination of Fig. 3 Burnett, Willan Fig. 1A-E and 6-7; air source/vacuum connected in order to provide the air shield disclosed).
Regarding claim 2, the modified Burnett device is silent as to further including an additional layer of protection for a facial region of the wearer and configured to protect from mucous membranes and splashes or sprays of body fluids from other persons; however, Yu teaches a similar device which includes an embodiment in which eyeglasses provides an air shield to provide protection to a user from mucous membranes and splashes or sprays of body fluids from other persons (see Yu Fig. 16 and para. 0181-0182 for example). 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 modified Burnett device to further include additional protection layer, such as the eyeglasses with air shield as taught by Yu, in order to provide further protection to the user/wearer (via air shield created by the hat and tubing from the shirt collar and now additional via the eyeglasses).
Regarding claim 3, the modified Burnett device’s additional layer of protection includes eyeglasses removably attached to said hat (see Yu Fig. 16, 22-25, Burnett Fig. 1 and 3 and Willan Fig. 1A-E and 6-7).
Regarding claim 6, the modified Burnett device is silent as to the air source and/or vacuum is battery powered; however, Willan teaches a similar air shield protection device whose air source or vacuum is battery powered (see Willan para. 0010, 0051, 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 modified Burnett device to be battery powered, as taught by Willan, as this would have been obvious substitution of one know element/power source for another (replacing the power source which is inherent to a filtered fan type source with the battery of Willan) and to provide a portable power source.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnett, Willan, and Yu as applied to claim 1 above, and further in view of Behzadi (2021/0346555).
Regarding claim 4, the modified Burnett device is silent as to including a belt for the air source and/or vacuum to attach to and a glove which utilizes ultrasonic waves, UV light and/or electrical pulses to kill/disinfect viruses; however, Willan teaches a similar air shield protection device whose air source is attached to a belt (see Willan para. 0050) and Behzadi teaches a similar PPE apparel/equipment including a glove which utilizes ultrasonic waves, UV light and/or electrical pulses to kill/disinfect viruses (see Behzadi Fig. 5, 8-9, para. 0083, 0100, and 0104 for example). 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 modified Burnett device to include a belt for attachment of the air source, as taught by Willan, and to include a glove which utilizes one of the claimed virus killing modalities, as taught by Behzadi, in order to provide an additional means of protection/kill viruses (the addition of the glove of Behzadi) and to provide portable means for the system (belt for attachment of the air source taught by Willan).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnett, Willan, Yu, and Behzadi as applied to claim 4 above, and further in view of Curry et al. (11,110,189).
Regarding claim 5, the modified Burnett device is silent as to further including a holster attached to the belt which allows for the wearer to insert the glove so as to purify the glove of viruses; however, Curry teaches a disinfecting apparel device which includes a holster which allows for the wearer to insert their hand for purification (see Curry col. 1 ln. 56 through col. 2 ln. 4, col. 5 ln. 24-37, and col. 7 ln. 19-32; a pocket being a ‘holster’ as it is connected to a belt on a wearers pants and allows for an object, such as the user’s hand to be placed therein). 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 modified Burnett device/apparel to have a disinfecting holster/pocket, as taught by Curry, in order to provide further disinfecting means. The now modified Burnett device, with the disinfecting holster/pocket provided by Curry, has a holster/pocket which is attached to the belt (Willan providing the belt for attachment of the air source, and thus the holster/pocket is attached to the belt) and allows the user’s hand to be placed therein and, when wearing the glove (Behzadi), to disinfect/purify the glove (see Curry col. 1 ln. 56 through col. 2 ln. 4, col. 5 ln. 24-37, and col. 7 ln. 19-32).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnett, Willan, and Yu as applied to claim 1 above, and further in view of Kuntz (2021/0339269).
Regarding claim 7, the modified Burnett device is silent as to the air shield and power to the hat being toggled on and off; however, Kuntz teaches a similar apparel combination including hat and glove whose power thereto is able to be toggled on and off (see Kuntz Fig. 1 and 8-9, para. 0043, 0062, 0064, 0071). 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 modified Burnett device to further include the ability of the power to be toggled on and off, as taught by Kuntz, in order to provide the ability to control operation of the device (Kuntz para. 0043, 0062, 0064, 0071).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnett, Willan, Yu, and Kuntz as applied to claim 7 above, and further in view of Esmailzadeh (2021/0285633).
Regarding claim 8, the modified Burnett device is silent as to the toggling being automatic based on whether a sensor senses presence of other persons within nearby proximity to the wearer; however, Esmailzadeh discloses a similar wearable disinfecting device which includes control of disinfecting mechanism being automatic based on whether a sensor senses presence of other persons within nearby proximity to the wearer (see Esmailzadeh Fig. 1-6, abstract, para. 0005, 0032-0034, 0036). 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 modified Burnett device’s protection mechanism to be toggled on/off automatically based on whether a sensor senses presence of other persons within nearby proximity to the wearer, as taught by Esmailzadeh, in order to conserve power and provide protection when other persons, who are potentially sick, are in proximity.
Response to Arguments
Applicant's arguments filed 9/17/25 have been fully considered but they are not persuasive.
Applicant’s argument that no possible combination of references could lead one skilled in the art to the amended claim and that Burnett and Willan fail to point out a shirt with a tube (see pg. 9 of the response) is not well-taken. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Burnett in Fig. 3 shows a shirt with air channels 7 which is a tubing element and furthermore, Yu was relied upon for the teaching of a shirt with tubing incorporated into the collar of the shirt (see Yu Fig. 22-23 showing wearable embodiment with tubing in a necklace or located at a collar of a shirt, see also para. 0188, 0111, “thin tube structure” 2201).
Applicant further argues that there is no explicit mention of a shirt with regards to the Yu reference (see pg. 9 of the response). This is not well-taken as one of ordinary skill in the art would recognize the presence of a shirt in Fig. 22 of Yu and para. 0188 explicitly discloses a shirt.
Applicant argues that no reference discloses both a hat and a shirt with separate tubing each having apertures and a common air source for the tubing (see pg. 9-10 of the response). This is not well-taken as Fig. 3 of Burnett discloses a combination hat and shirt with air shields created by tubing from a common air source 1 (further modified in view of Willan such that the hat has a brim with tubing at the periphery of the brim and crown portion of the hat and modified in view of Yu to incorporate tubing into a collar of a shirt).
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 COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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/COLIN W STUART/Primary Examiner, Art Unit 3785