DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
This office action is responsive to Request for Reconsideration filed on 03/10/2026 . As directed by the amendment: claims 1 – 22 are pending, claims 2, 7 – 8, 10 – 14 & 16 – 20 were cancelled, claims 21 – 22 have been added & claims 1, 6, 9 & 15 have been amended.
Applicant’s arguments, see Page 9, filed 03/10/2026, with respect to the abstract have been fully considered and are persuasive. The objection of the specification has been withdrawn.
Applicant’s arguments, see Page 10, filed 03/10/2026, with respect to the rejection(s) of claim(s) 1, 6 & 9 under 35 U.S.C 102 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 Therefore, the rejection has been withdrawn.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 the limitations not being considered prior as they have been amended with the new limitations.
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The applicant argues the “clean air supply” does not include a fan unit that includes intelligence, however, Paragraph 0100 of Awiszus discloses it include a fan unit. Also, there is no included limitation that requires the fan to include any intelligence. Based on this the limitation is met with Awiszus and the rejection remains
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The applicant argues the detection sensors are not located in the clear air supply source; however, this was stated in the previous office action and it was explained that the detection unit of the device was not found in the fan unit. Based on this, it was explained that based on the fact that there are sensors inside the fan unit, it would be obvious to include a detection unit as it would allow the acceleration sensor to provide the same function in the device even if it is moved. Based on this, the rejection still stands.
Applicant’s arguments, see Page 12, filed 03/10/2026, with respect to the rejection(s) of claim(s) 6 & 9 under 35 U.S.C 102 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 Therefore, the rejection has been withdrawn.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 the limitations not being considered prior as they have been amended with the new limitations.
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The applicant argues claims 4, 8 & 18 should be allowed based on the arguments of independent claim 1, however, the rejection of claim 1 remains making all dependent claims rejected as well.
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The applicant argues claims 3, 7, 15 & 17 should be allowed based on the arguments of independent claim 1, however, the rejection of claim 1 remains making all dependent claims rejected as well. The cancellation of claims 7 & 17 has been acknowledged.
The cancellation of claims 2, 16 & 20 have been acknowledged.
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The applicant argues claims 5 & 19 should be allowed based on the arguments of independent claim 1, however, the rejection of claim 1 remains making all dependent claims rejected as well. The cancellation of claims 19 has been acknowledged.
The cancellation of claims 10 – 14 have been acknowledged.
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. The applicant argues claims 21 & 22 should be allowed based on the arguments of independent claim 1, however, the rejection of claim 1 remains making all dependent claims rejected as well.
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.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention as it is not clear that hose id positively recited. See MPEP § 2173.05(d).
Based on this, all dependent claims of claim 1 are rejected based on their dependency.
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.
Claim(s) 1, 4, 6, 9 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Awiszus et al. (US 20210052427 A1) in view of Yozo et al. (JP 3247580 B2).
Regarding claim 1, Protective equipment for respiration comprising:
a protective equipment main body 110 configured to cover a face of an operator (Paragraph 0101/ Figure 3);
a fan unit (Paragraph 0100 discloses a fan included in the blower assembly) including an electric fan (Paragraph 0100 discloses the fan driven by an electric motor) and an air filter 120 that filters air (Paragraph 0100);
the fan unit 120 being configured to supply filtered air to the protective equipment main body 110 via ventilation means such as a hose 119 (Paragraph 0100);
a detecting section provided in the fan unit 120 and configured to detect a physical quantity including at least one of an operation state of the electric fan (Paragraph 0120);
a first control section provided in the fan unit and configured to control operation of the electric fan based on a detection result of the detecting section (Paragraph 0155),
a first communication section 222 provided in the fan unit and configured to transmit first information related to the physical quantity and/or second information related to an operation amount of the electric fan based on the detection result to an external device including an information output device. (Paragraph 0120)
Awiszus does not disclose wherein the detecting section includes an air volume sensor that detects a supplied air volume of the filtered air supplied to the protective equipment main body via the ventilation means;
wherein the first control section adjusts, based on a detection result of the air volume sensor, electric energy supplied to the electric fan such that the supplied air volume of the filtered air reaches a predetermined reference air volume; and
wherein the first communication section transmits the second information indicating an adjustment amount of the electric energy adjusted by the first control section as replacement period related information related to a replacement period of the air filter.
Yozo discloses an air volume sensor 50 that detects a supplied air volume of the filtered air blown to the main body via the ventilation means 4, the first control section adjusts, based on a detection result of the air volume sensor 50, electric energy supplied to the electric fan 5 such that the supplied air volume of the filtered air reaches a predetermined reference air volume (Page 5, Paragraphs 1 & 2) and, the first communication section 52 & 53 transmits the second information indicating an adjustment amount of the electric energy adjusted by the first control section to the external device as replacement period related information related to a replacement period of the air filter. (Page 16, Paragraphs 2 – 5) and
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Awiszus to include an air volume sensor that detects a supplied air volume of the filtered air blown to the protective equipment main body via the ventilation means, the first control section adjusts, based on a detection result of the air volume sensor, electric energy supplied to the electric fan such that the supplied air volume of the filtered air reaches a predetermined reference air volume in order to be able to maintain the air volume of the fan in the desired volume based on the predetermined amount in order to ensure the filter of the device does not get clogged. (Page 15, Paragraphs 8 – 10)
Regarding claim 4, Modified Awiszus discloses the protective equipment for respiration as claimed in claim 1.
Modified Awiszus discloses wherein the detecting section (Note: the examiner considers this to be sensors) includes an acceleration sensor that detects acceleration about the fan unit involved in movement of the operator (Paragraph 0112), and the first communication section transmits the first information indicating the acceleration detected by the acceleration sensor to the external device as action disability determination information for determining whether the operator has fallen down and has become disabled to act (Paragraph 0083, 0087 & 0112). (Note: the respirator ‘13’ includes the blower unit)
In alternative if it is believed that Awiszus does not specifically disclose the detecting section provided in the fan unit includes an acceleration sensor that detects acceleration about the fan unit involved in movement of the operator it would be obvious to one ordinary skill in the art at the time of the invention because Awiszus teaches that the acceleration sensor is in the respirator, which includes the blower unit (i.e. fan unit). Therefore, placement of the acceleration sensor specifically in the blower unit would reasonably provide the same function as if it was placed in any other part of the respirator.
Regarding claim 6, Modified Awiszus discloses a protective system for respiration comprising: the protective equipment for respiration as claimed in claim 1.
Modified Awiszus discloses a management device functioning as the external device 16 & 18 (Paragraph 0042), the management device 16 & 18 including: a second communication section configured to receive the first information or the second information transmitted by the first communication section 222 (Paragraph 0120);
an information output section 61 functioning as the information output device and configured to output third information concerning at least one of a work environment of the operator, an action state of the operator, and an operation state of the electric fan as visual information or auditory information (Paragraph 0048 - 0049 discloses the use of applications to receive information); and
a second control section configured to control, based on the first information and/or the second information, the information output section to output the third information (Paragraph 0089).
Modified Awiszus does not disclose wherein, when the adjustment amount indicated by the second information is equal to or greater than a predetermined threshold for determining clogging of the air filter, the second control section controls the information output section to output, as the third information, replacement notice information urging replacement of the air filter.
Yozo discloses wherein, when the adjustment amount indicated by the second information is equal to or greater than a predetermined threshold for determining clogging of the air filter, the second control section controls the information output section to output, as the third information, replacement notice information urging replacement of the air filter. (Page 15, Paragraphs 8 – 10)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Awiszus to include wherein, when the adjustment amount indicated by the second information is equal to or greater than a predetermined threshold for determining clogging of the air filter, the second control section controls the information output section to output, as the third information, replacement notice information urging replacement of the air filter such that the supplied air volume of the filtered air reaches a predetermined reference air volume in order to be able to maintain the air volume of the fan in the desired volume based on the predetermined amount in order to ensure the filter of the device does not get clogged. (Page 15, Paragraphs 8 – 10)
Regarding claim 9, Awiszus discloses a management method for, using the protective equipment for respiration as claimed in claim 1.
Awiszus discloses performing equipment management for stably supplying filtered air to an operator (Paragraph 0100), the management method comprising:
a first step of receiving the first information or the second information and/or second information transmitted by the first communication section 222 (Paragraph 0120);
a second step of the information output device outputting third information based on the received first information and/or second information (Paragraph 0048 - 0049 discloses the use of applications to receive information); and
a third step of controlling, based on the received first information and/or the second information, the information output device to output the third information (Paragraph 0089),
wherein the second information indicates an adjustment amount of electric energy adjusted by the first control section as replacement period related information related to a replacement period of the air filter (as claimed in claim 1 / Yozo, Page 16, Paragraphs 2 – 5).
Modified Awiszus does not disclose wherein, when the adjustment amount is equal to or greater than a predetermined threshold for determining clogging of the air filter, the third information includes replacement notice information urging replacement of the air filter.
Yozo discloses wherein, when the adjustment amount is equal to or greater than a predetermined threshold for determining clogging of the air filter, the third information includes replacement notice information urging replacement of the air filter. (Page 15, Paragraphs 8 – 10)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Awiszus to include wherein, when the adjustment amount is equal to or greater than a predetermined threshold for determining clogging of the air filter, the third information includes replacement notice information urging replacement of the air filter such that the supplied air volume of the filtered air reaches a predetermined reference air volume in order to be able to maintain the air volume of the fan in the desired volume based on the predetermined amount in order to ensure the filter of the device does not get clogged. (Page 15, Paragraphs 8 – 10)
Regarding claim 15, Modified Awiszus discloses the protective system for respiration as claimed in claim 6.
Modified Awiszus discloses wherein the detecting section (Note: this is considered to be the sensors) includes an acceleration sensor that detects acceleration about the fan unit (Paragraph 0087 discloses the accelerometer is included in the respirator which includes the blower and fan unit), the first communication section transmits the first information indicating the acceleration detected by the acceleration sensor to the management device as action disability determination information for determining whether the operator has fallen down and has become disabled to act (Paragraph 0087 discloses the PPEMS determine if the worker has fallen or is incapacitated), the second communication section receives the first information indicating the acceleration as the action disability determination information for determining whether the operator has fallen down and has become disabled to act (Paragraph 0088), and when a change in the acceleration indicated by the first information matches a predetermined action disability determination pattern indicating that the operator has fallen down and has become disabled to act (Paragraph 0088), the second control section controls the information output section to output action disability warning information warning that the operator has fallen down and has become disabled to act as the third information. (Paragraph 0089)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Awiszus et al. (US 20210052427 A1) in view of Yozo et al. (JP 3247580 B2) as claimed in claim 1, in further view of Huh et al. (US 20130118487 A1).
Regarding claim 3, Modified Awiszus discloses the protective equipment for respiration as claimed in claim 1.
Modified Awiszus discloses further comprising a power supply section including at least one battery and configured to supply electric power to the electric fan (Paragraph 0120).
Modified Awiszus does not disclose wherein the detecting section includes a voltage sensor that detects a terminal voltage of the at least one battery, and the first communication section transmits the first information indicating the terminal voltage detected by the voltage sensor to the external device as residual power related information related to residual power of the at least one battery.
Huh discloses a voltage sensor 40 that detects a terminal voltage of the at least one battery. (Paragraph 0023)
It would have been prima facie obvious to one of ordinary skill prior to the effective filing date to further modify Awiszus to include a voltage sensor that detects a terminal voltage of the at least one battery as it would be able to determine if the battery is low as the voltage of the battery is changed depending on used current and temperature (Paragraph 0023 / 0064)
Based on this modification, Awiszus discloses the first communication section transmits the first information indicating the terminal voltage detected by the voltage sensor to the external device as residual power related information related to residual power of the at least one battery. (Paragraph 0155 / Note: the examiner considers by including the sensor, the communication sensor will send the information acquired to an external device)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Awiszus et al. (US 20210052427 A1) in view of Yozo et al. (JP 3247580 B2) as claimed in claim 1, in further view of Curran et al. (GB 2472592 A).
Regarding claim 5, Modified Awiszus discloses the protective equipment for respiration as claimed in claim 1.
Modified Awiszus discloses the detection unit (Note: the examiner considers this to be the sensors) and the first communication section transmits the first information indicating the air temperature detected to the external device. (Paragraph 0057 & 0083)
However, Awiszus it does not expressly discloses a temperature sensor detects air temperature in the work environment of the operator.
However, Curran discloses a temperature sensor 29 that detects an air temperature in the work environment of the operator. (Page 4, lines 20 – 27)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify the temperature sensor of Awiszus to detect an air temperature in the work environment of the operator as it would allow the adjustment an electrical characteristic of the motor to maintain the selected substantially uniform volumetric airflow from the fan. (Page 3, Paragraph 1)
Based on this modification, modified Awiszus discloses and the first communication section transmits the first information indicating the air temperature detected by the temperature sensor to the external device as heat stress index related information related to calculation of a heat stress index. (Paragraph 0086 discloses the use of determining if the temperature exceeds a threshold in order to prevent heat stress / Note: the examiner considers by including the sensor, the communication sensor will send the information acquired to an external device)
Awiszus does not specifically disclose the detecting section provided in the fan unit includes an temperature sensor that detects air temperature in the work environment of the operator it would be obvious to one ordinary skill in the art at the time of the invention because Awiszus teaches that the acceleration sensor is in the respirator, which includes the blower unit (i.e. fan unit). Therefore, placement of the acceleration sensor specifically in the blower unit would reasonably provide the same function as if it was placed in any other part of the respirator.
9. (Currently Amended) A management method for, using the protective equipment for respiration according to claim 1.
performing equipment management for stably supplying filtered air to an operator (Paragraph 0100), the management method comprising:
a first step of receiving the first information or the second information and/or second information transmitted by the first communication section 222 (Paragraph 0120);
a second step of the information output device outputting third information based on the received first information and/or second information (Paragraph 0048 - 0049 discloses the use of applications to receive information); and
a third step of controlling, based on the received first information and/or the second information, the information output device to output the third information (Paragraph 0089).
Modified Awiszus does not disclose wherein the second information indicates an adjustment amount of electric energy adjusted by the first control section as replacement period related information related to a replacement period of the air filter, and wherein, when the adjustment amount is equal to or greater than a predetermined threshold for determining clogging of the air filter, the third information includes replacement notice information urging replacement of the air filter.
Yozo discloses wherein the second information indicates an adjustment amount of electric energy adjusted by the first control section as replacement period related information related to a replacement period of the air filter (Page 16, Paragraphs 2 – 5), and wherein, when the adjustment amount is equal to or greater than a predetermined threshold for determining clogging of the air filter, the third information includes replacement notice information urging replacement of the air filter. (Page 16, Paragraphs 2 – 5)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Awiszus to include wherein the second information indicates an adjustment amount of electric energy adjusted by the first control section as replacement period related information related to a replacement period of the air filter, and wherein, when the adjustment amount is equal to or greater than a predetermined threshold for determining clogging of the air filter, the third information includes replacement notice information urging replacement of the air filter in order to be able to maintain the air volume of the fan in the desired volume based on the predetermined amount in order to ensure the filter of the device does not get clogged. (Page 15, Paragraphs 8 – 10)
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Awiszus et al. (US 20210052427 A1) in view of Yozo et al. (JP 3247580 B2) as claimed in claim 1, in further view of Huh et al. (US 20130118487 A1).
Regarding claim 21, Modified Awiszus discloses the protective equipment for respiration as claimed in claim 1.
Modified Awiszus comprising:
a power supply section provided in the fan unit, the power supply section including at least one battery, wherein the power supply section provides electric power to the fan unit, including the electric fan (Paragraph 0120 discloses the battery in the clean air power source).
Modified Awiszus does not disclose the detecting section includes a voltage sensor that detects a terminal voltage of the least one battery.
Huh discloses a voltage sensor 40 that detects a terminal voltage of the at least one battery. (Paragraph 0023)
It would have been prima facie obvious to one of ordinary skill prior to the effective filing date to modify Awiszus to include a voltage sensor that detects a terminal voltage of the at least one battery as it would be able to determine if the battery is low as the voltage of the battery is changed depending on used current and temperature (Paragraph 0023 / 0064)
Modified Awiszus does not expressly disclose a fan-side output section provided in the fan unit, the fan-side output section configured to provide auditory information indicative of at least the first information or the second information, including at least the replacement period information related to the replacement period of the air filter.
However, Awiszus does disclose the respirators may include devices that generate audible or visual feedback to the user to output communications of data acquired from the indicative of operation of respirators (Paragraph 0030)
It would be obvious to one of ordinary skill in the art prior to the effective filing date to further modify Awiszus to include a fan-side output section provided in the fan unit, the fan-side output section configured to provide auditory information as the reference dictates the respirators includes the fan unit meaning the reference allows the modification of allowing the output to be found in the fan unit and generate audible and visual feedback. (Paragraph 0030 & 0029) Also, this dictates that it can output alerts based on the second information and at least the replacement period information related to the replacement period of the air filter as it is based on the operation amount of the electric fan as it is part of the operation date of the respirators. (Paragraph 0030)
Modified Awiszus does not expressly disclose residual power information related to the residual power of the at least one battery.
However, it does disclose the user being notified based on the threshold of the battery run time (Paragraph 0107)
It would be obvious to one of ordinary skill in the art prior to the effective filing date to further modify Awiszus to include the alert of residual power information related to the residual power of the at least one battery. As it would ensure the user can be warned to complete their current task and to seek a fresh battery. (Paragraph 0107)
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Awiszus et al. (US 20210052427 A1) in view of Yozo et al. (JP 3247580 B2) & Huh et al. (US 20130118487 A1) as claimed in claim 21, in further view of Nelson et al. (US 20120091731 A1)
Regarding claim 22, Modified Awiszus discloses the protective equipment for respiration as claimed in claim 21.
Modified Awiszus does not disclose wherein:
the at least one battery of the power supply section comprises a first battery and a second battery; and
the first control section is configured to provide a battery switching scheme comprising:
a one of the first battery and the second battery having a lower terminal voltage supplies electric power to the electric fan, when the terminal voltage of the one of the first battery and second battery falls below a predetermined voltage, the other of the first battery and the second battery starts supplying electric power to the electric fan, and when the terminal voltage of both the first battery and second battery fall below the predetermined voltage, the fan-side output section of the fan unit provides visual or auditory information indicative of the necessity to charge the first and second batteries.
Nelson discloses at least one battery of the power supply section comprises a first battery B1 & B2 and a second battery B3 & B4 (Paragraph 0025); and
the microprocessor 100 is configured to provide a battery switching scheme comprising:
a one of the first battery B1 & B2 and the second battery B3 & B4 having a lower terminal voltage supplies electric power to the electric fan, when the terminal voltage of the one of the first battery and second battery falls below a predetermined voltage, the other of the first battery and the second battery starts supplying electric power to the electric fan, and when the terminal voltage of both the first battery and second battery fall below the predetermined voltage (Abstract)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Awiszus to include a battery switching scheme by using a first and second battery as it would ensure while one battery pack is able to recharge, the other is able to power the motor which enables the switches between the depleted and charged battery. (Paragraph 0005)
Based on the modification, Modified Awiszus discloses the fan-side output section of the fan unit provides visual or auditory information indicative of the necessity to charge the first and second batteries. (as claimed in claim 21 with the modification of the first and second battery being added)
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 GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 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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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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