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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: block 410 as shown in figure 4 is not mention in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 9, 10, 12, 15,16, 21, and 22 are objected to because of the following informalities:
Claim 9, lines 1-3, it is recommended to change “configured to transmit, e.g. via wired or wireless connection” to “wherein a wired or wireless connection is configured to transmit”
Claim 10, line 2, “an external electronic device” should read “the external electronic device”
Claim 12, line 2, “the composition of the gas” should read “a composition of the gas”
Claim 15, lines 1-3, it is recommended to change “configured to measure gas concentration/composition via the first sensor, gas humidity via the first sensor; and temperature via a temperature sensor” to “the first sensor configured to measure gas concentration and/or composition; the first sensor configured to measure gas humidity; and a temperature configured to measure temperature”
Claim 16, line 2, “beta-hydroxybuterate” should read “beta-hydroxybutyrate”
Claim 21, line 3, “an electronic device” should read “an external electronic device”
Claim 22, line 2, “the external electronic device. When a harmful scenario” should read “an external electronic device when a harmful scenario”
Appropriate correction is required.
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 1-10, 12, 13, and 15-21 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 claims 1 and 9, the phrase "for example" (e.g.) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-10, 12, 13, and 15-21 are also rejected due to dependency on claim 1.
Claim 10 is also rejected due to dependency on claim 9.
Regarding claims 6 and 7, the limitations “move from the locked to the unlocked state” and “movement of the mask” have multiple different meanings where the mask may be physically moved (such as in claim 6) or where it may be moved from an inactive state to an active state (claim 6 and 7). This renders these claims unclear and therefore is indefinite.
For purposes of examination, “move from the locked to the unlocked state” in claim 6 is being interpreted as the mask is switching from a locked state (inactive state) to an unlocked state (active state) and “movement of the mask” in claim 6 is being interpreted a physically movement of the mask.
For purposes of examination, “movement of the mask” in claim 7 is being interpreted as the mask is switching from a locked state (inactive state) to an unlocked state (active state).
Regarding claim 15, the limitation “concentration/composition” has multiple different meanings where the “/” could mean a gas concentration and a gas composition or it could mean a gas concentration or a gas composition. This uncertainty renders these claims unclear and therefore is indefinite. For purposes of examination, “concentration/composition” is being interpreted as a gas concentration or a gas composition.
Regarding claim 16, the limitation “configured to detect concentrations… in the gas” it is unclear what is detecting the concentrations. This uncertainty renders these claims unclear and therefore is indefinite. It is recommended to change “configured to detect concentrations… in the gas” to “wherein the first sensor is configured to detect concentrations… in the gas”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 22 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Dependent claim 22 is drawn to the system (claim 21 refers to the system) while dependent claim 20 and independent claim 1 is directed to a mask. Therefore, this claim fails to further limit claim 20 and claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. It is recommended to either change claim 22 to state “the system according to claim 21” or “the mask according to claim 20”.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 7, 12, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Webb (US 20220134137).
Regarding claim 1, Larsen discloses
a mask for wearing over a face of a user (figs. 1-5; mask 400; col. 4, lines 43-49), the mask comprising:
a mask body (see fig. 1 and 2, showing user wearing mask comprising a mask frame 120, 220; col. 3, lines 15-30 and col. 4, lines 10-26);
a filter connected to the mask body (mask may have receptables for respirator cartridges; col. 4, lines 43-49 and col. 3, lines 31-59);
an electrical power source (see fig. 3; may have battery, power supply, or power module; col. 3, lines 65-67 and col. 4, lines 1-9; col. 4, lines 31, 32-37, and 64-66);
a control system (fig. 4; “the mask 400 may include a controller 450 that may implement algorithms to determine the ESLI of the cartridge and may be coupled to a protective mask alert device 455”; col. 4, lines 45-48);
a user interface (fig. 5; multiple input devices used with computer system; col. 5, lines 20-25 and col. 6, lines 11-24); and
a sensor assembly comprising a first sensor (fig. 4; mask 400 has one or more sensors including gas sensor, flow sensor, humidity sensor; col. 4, lines 43-45),
wherein the first sensor is configured to measure properties of a gas, e.g. ambient air and/or expiratory gases of a user (fig. 4; “the mask 400 may also have a gas sensor 402 having multiple paths for controlling or monitoring a sample gas”; col. 4, lines 50-53), and to provide an output to the control system based on the measured gas properties (“fig. 4; “the controller 450 may be used to monitor or control a gas sensor 402”; col. 4, lines 50-53).
Larsen does not explicitly disclose user interface in communication with the control system.
However, Webb discloses an analogous protective mask device with a sensor and
user interface (fig. 3; UI device 310; [0037] and [0039]) in communication with the control system (UI device of the mobile computing device uses communication links (Bluetooth wireless networks) to wirelessly connect to a communication device in order to control sensor 104; [0020], [0023], [0028]).
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 controller and computer system of Larsen with the UI device and communication links of Webb to provide the user with a variety of functions such as wirelessly receiving input from the user, providing alerts, displaying information, controlling settings, or otherwise interoperate with other devices such as the sensor (Webb: [0037]-[0039]).
Regarding claim 2, Larsen further discloses
the mask (figs. 1-5; mask 400; col. 4, lines 43-49) according to claim 1, comprising
a locked state in which the first sensor is inactive (“switching off or reducing power to the gas sensor”; col. 4, lines 64-66) and an unlocked state in which the first sensor is active so as to measure properties of a gas (when gas sensor is on, “gas sensor 402 has multiple paths for controlling or monitoring a sample gas”; col. 4, lines 50-53).
Regarding claim 3, the modified device of Larsen further discloses
the mask (Larson: mask 400; Webb: UI device and communication links) according to claim 2,
wherein the control system is configured to move the mask from the locked state to the unlocked state (Larson: fig. 4, the controller 450 may be used to monitor or control a gas sensor 402 and power to gas sensor 402 may be switched off, col. 4, lines 50-53 and 64-66) based upon a user input detected by the user interface (Webb: fig. 3; UI device 310 may be configured to receive user input and may be used to control setting of, display information of, or otherwise interoperate the sensor; [0037] and [0039]).
Regarding claim 7, the modified device of Larson further discloses
the mask (Larson: mask 400; Webb: UI device and communication links) according to claim 2, comprising
an indicator configured to indicate (Webb: UI device 310 includes display, lights to be able to provide alerts to the user in a variety of way, such as sound an alarm or vibrating and may control settings and display information of sensor 104; [0039]; therefore being able to alert user about information of sensor such as if it is being switched off) movement of the mask from the locked state to the unlocked state (Larson: fig. 4, the controller 450 may be used to monitor or control a gas sensor 402 and power to gas sensor 402 may be switched off, col. 4, lines 50-53 and 64-66; col. 5, lines 11-13).
Regarding claim 12, Larson further discloses
the mask (Larson: mask 400) according to claim 1,
wherein the first sensor is configured to measure the composition of the gas (fig. 4; sensor 402 is a gas sensor which can calibrated using a reference gas generator, col. 4, lines 59-62; therefore, the gas sensor is able to measure a characteristic or composition of the gas) and/or the humidity of the gas.
Regarding claim 13, Larson further discloses
the mask (Larson: mask 400) according to claim 1,
wherein the sensor assembly is configured to measure the gas properties periodically (the gas sensor may be switched off to save energy and gas sensor can be switched off when there is no flow for a longer time, such as when the mask wearer has removed the mask, col. 4, lines 63-67 and col. 5, lines 10-13; gas sensor can be switched off when mask is removed, therefore, measuring gas during periods when the mask is worn) and/or for a pre-determined length of time.
Regarding claim 19, the modified device of Larson discloses
the mask (Larson: mask 400) according to claim 1,
The modified device of Larson does not disclose wherein the sensor assembly comprises a third sensor configured to determine ambient temperature.
However, Webb further discloses the respirator system
wherein the sensor assembly (fig. 3; sensor 104 and sensors 312; [0040]-[0041]) comprises a third sensor configured to determine ambient temperature (fig. 3; sensors 312 for measuring temperature of the environment in which the respirator is used; [0040]).
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 one or more sensors of Larson with the sensors of Webb to detect conditions in a particular environment such as temperature, humidity, particulate content, noise levels, air quality, or any variety of other characteristics of the environment to aid prediction avoidance of imminent safety events/hazards (Webb: [0040], [0084]-[0085] and [0096]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Webb (US 20220134137) and further in view of Somervell (US 20110088693).
Regarding claim 15, the modified device of Larsen further discloses
the mask (Larson: mask 400; Webb: UI device and communication links) according to claim 1,
configured to measure gas concentration/composition via the first sensor (fig. 4; sensor 402 is a gas sensor which can calibrated using a reference gas generator, col. 4, lines 59-62; therefore, the gas sensor is able to measure a characteristic or composition of the gas);
While Larson does disclose a humidity sensor (fig. 4; mask 400 has one or more sensors including humidity sensor; col. 4, lines 43-45), it does not disclose the mask configured to measure gas humidity via the first sensor; and temperature via a temperature sensor.
However, Somervell discloses a respiratory interface and patient interface that has a sensing mechanism
configured to measure gas humidity via the first sensor (sensing mechanism measures humidity and gas composition, [0089]; this can be an RFID tag adapted to measure one of a number of other parameters (gases humidity, gases flow rate, or gases content); [0107]) ; and temperature via a temperature sensor (temperature sensing mechanism/sensor to provide information on temperature; [0090] and [0094]).
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 gas sensor of Larson with the sensing mechanism and temperature sensing mechanism of Somervell to be able to measure multiple parameters such as temperature, pressure, gases flow rate, humidity, and gas composition using a sensing mechanism that is lightweight and small in size reducing bulkiness and discomfort (Somervell: [0089]). Further, 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 heater and controller of Larson with temperature sensing/sensor mechanism of Somervell to provide information on the temperature and/or power usage of the heater plate; therefore, if the measured gases temperature is not optimal, the control circuitry is programmed to adjust the power to the heater plate/wire (Somervell: [0094] and [0099]).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Webb (US 20220134137) and further in view of Schindhelm (US 20140364758).
Regarding claim 16, the modified device of Larson discloses
the mask (Larson: mask 400; Webb: UI device and communication links) according to claim 1,
The modified device of Larson does not disclose the mask being configured to detect concentrations of one or more of acetoacetate; beta-hydroxybuterate; acetone; methane; carbon monoxide; iso-butane; hydrogen and/or ethanol in the gas.
Schindhelm discloses a respiratory mask system with a sensing module comprising one or more sensors
configured to detect concentrations of one or more of
acetoacetate; beta-hydroxybuterate; acetone (at least one of the sensors may be implemented to detect and assess acetone levels in the breath; [0091]); methane; carbon monoxide; iso-butane; hydrogen and/or ethanol in the gas.
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 gas sensor of the modified device of Larson with the sensors of Schindhelm to be able to detect and assess acetone levels in the breath as it may be useful in detecting metabolic conditions such as diabetic ketoacidosis (Schindhelm: [0091], [0151], and [0152]).
Regarding claim 17, the modified device of Larson discloses
the mask (Larson: mask 400; Webb: UI device and communication links) according to claim 1,
The modified device of Larson does not disclose wherein the first sensor is configured to measure the properties of the gas for detecting keton levels in the expiratory gases of a user.
Schindhelm discloses a respiratory mask system with a sensing module comprising one or more sensors
wherein the first sensor is configured to measure the properties of the gas for detecting keton levels in the expiratory gases of a user (using a chemical sensor for detecting ketone bodies (such as acetone levels) in exhaled breath of a patient; [0072]-[0073], [0090]-[0091], [0155]).
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 gas sensor of the modified device of Larson with the sensors of Schindhelm to be able to detect and assess levels of ketone bodies such as acetone in the breath as it may be useful in detecting metabolic conditions such as diabetic ketoacidosis (Schindhelm: [0072]-[0073], [0090]-[0091], and [0151]-[0152]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Webb (US 20220134137) and further in view of Electrical (Website: How can I measure a sensor’s load resistance which is adjusted by a potentiometer?)
Regarding claim 18, the modified device of Larson discloses
the mask (Larson: mask 400; Webb: UI device and communication links) according to claim 1,
Larson does not explicitly disclose the gas sensor wherein the sensor assembly comprises a measuring circuit comprising a sensing element and a load resistor of a predetermined resistance in series with the sensing element, and wherein the properties of the gas are determined based on a resistance of the sensing element.
However, Webb discloses the analogous mask having
the sensor assembly (fig. 3; sensor 104 and sensors 312; [0040]-[0041]) comprises a measuring circuit comprising a sensing element (“sensor 104 may include an electric circuit configured to determine a change in at least one electrical characteristic of a sensing element”; [0023]), and
wherein the properties of the gas are determined based on a resistance of the sensing element (“change in the at least one electrical characteristic (e.g. impedance which includes resistance) is based at least in part on detection of particulate matter; [0023] and [0025]).
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 gas sensor of Larson with the sensor and electric circuit of Webb to yield the predictable results of detecting unfiltered air such as particulate concentration of particulates from aerosol generator and water vapor produced by the human breath inside the respirator ([0012]-[0013] and [0023]-[0025]).
The modified device of Larson does not disclose a load resistor of a predetermined resistance in series with the sensing element.
However, Electrical discloses gas sensors having a variable resistor to change its value according to the concentration of gas and that it is necessary to include
a load resistor of a predetermined resistance (load resistor with value in the range of 2k Ohms to 47k Ohms, see page 1, second paragraph) in series with the sensing element (the sensor is connected in series with the load resistance to produce a voltage correlating with the variation in the sensor resistor, see page 2, lines 4-7).
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 gas sensor and electric circuit of the modified device of Larson to include a load resistor in series with the sensing element as taught in Electrical as it is necessary to include a load resistor in order to adjust the sensor’s sensitivity and accuracy and convert the sensor resistance into a measurable voltage (Electrical: page 1, second paragraph and page 2, lines 4-7)
Claims 1, 2, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Fabian (US 20180078798).
Regarding claim 1, Larsen discloses
a mask for wearing over a face of a user (figs. 1-5; mask 400; col. 4, lines 43-49), the mask comprising:
a mask body (see fig. 1 and 2, showing user wearing mask comprising a mask frame 120, 220; col. 3, lines 15-30 and col. 4, lines 10-26);
a filter connected to the mask body (mask may have receptables for respirator cartridges; col. 4, lines 43-49 and col. 3, lines 31-59);
an electrical power source (see fig. 3; may have battery, power supply, or power module; col. 3, lines 65-67 and col. 4, lines 1-9; col. 4, lines 31, 32-37, and 64-66);
a control system (fig. 4; “the mask 400 may include a controller 450 that may implement algorithms to determine the ESLI of the cartridge and may be coupled to a protective mask alert device 455”; col. 4, lines 45-48);
a user interface (fig. 5; multiple input devices used with computer system; col. 5, lines 20-25 and col. 6, lines 11-24); and
a sensor assembly comprising a first sensor (fig. 4; mask 400 has one or more sensors including gas sensor, flow sensor, humidity sensor; col. 4, lines 43-45),
wherein the first sensor is configured to measure properties of a gas, e.g. ambient air and/or expiratory gases of a user (fig. 4; “the mask 400 may also have a gas sensor 402 having multiple paths for controlling or monitoring a sample gas”; col. 4, lines 50-53), and to provide an output to the control system based on the measured gas properties (fig. 4; “the controller 450 may be used to monitor or control a gas sensor 402”; col. 4, lines 50-53).
Larsen does not explicitly disclose user interface in communication with the control system.
However, Fabian discloses an analogous wearable respirator device with one or more sensors and
a user interface (figs. 3-4; user input modules 440; [0134]) in communication with the control system (see fig. 4, user input module 440 is communicating with control unit 470; [0138]-[0139]).
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 controller of Larsen with the electronics system, control unit, and user input modules of Fabian to change the control mode based on input from the user such as selecting a maximum throughput mode, maximum battery life mode, and activity modes in order to optimize air flow and power usage for a particular activity (Fabian: [0060], [0274], [0277]-[0282]).
Regarding claim 2, Larsen further discloses
the mask (figs. 1-5; mask 400; col. 4, lines 43-49) according to claim 1, comprising
a locked state in which the first sensor is inactive (“switching off or reducing power to the gas sensor”; col. 4, lines 64-66) and an unlocked state in which the first sensor is active so as to measure properties of a gas (when gas sensor is on, “gas sensor 402 has multiple paths for controlling or monitoring a sample gas”; col. 4, lines 50-53).
Regarding claim 7, the modified device of Larson discloses
the mask (Larson: mask 400; Fabian: electronics system) according to claim 2, comprising
an indicator configured to indicate (Fabian: one or more indicator lights 454 to indicate various operating conditions of the device such as power on status or battery status [0135]) movement of the mask from the locked state to the unlocked state (Larson: fig. 4, the controller 450 may be used to monitor or control a gas sensor 402 and power to gas sensor 402 may be switched off, col. 4, lines 50-53 and 64-66; col. 5, lines 11-13).
Regarding claim 8, the modified device of Larson further discloses
the mask (Larson: mask 400; Fabian: electronics system) according to claim 1, comprising
a memory, wherein the output of the first sensor, corresponding to measured gas properties (Larson: gas sensor 420 which monitors/controls a gas sample; col. 4, lines 50-53), is stored in the memory (Fabian: “the respiratory mask may include memory configured to store data gathered by at least one of the sensors”; [0070] and [0285]-[0286]).
Regarding claim 9, the modified device of Larson further discloses
the mask (Larson: mask 400; Fabian: electronics system) according to claim 8,
configured to transmit, e.g. via wired or wireless connection (figs. 4-5; communication module 460 uses wireless connection to connect user-wearable device 100 with electronics system 400 to associated user host device 502 (phone) including data stored on user-wearable device; [0136], [0137], [0139], and [0142]-[0143]), the measured gas properties stored in the memory (Fabian: “the respirator mask may include memory configured to store data gathered by at least one of the sensors”; [0070] and [0285]-[0286]) to an external electronic device for analysis (Larson: fig. 5, computer system 500 to analyze physiological data obtained from the integrated sensors, col. 5, lines 20-25).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Fabian (US 20180078798) and further in view of Dykes (US 20170361132).
Regarding claim 4, the modified device of Larsen
the mask (Larson: mask 400; Fabian: electronics system) according to claim 3,
wherein the control system is configured to move the mask from the locked state to the unlocked state (Larson: fig. 4, the controller 450 may be used to monitor or control a gas sensor 402 and power to gas sensor 402 may be switched off, col. 4, lines 50-53 and 64-66; Fabian: user input modules 440 where user can select mode such as a mode where there is no sensing of individual user’s biometric and minimum flow for the most efficient option for power use; [0278]).
The modified device of Larsen does not disclose moving the mask only when the user input corresponds to an activation pattern.
Dykes discloses a protective face mask with a microprocessor/microcontroller that transitions from a standby to active mode
only when the user input corresponds to an activation pattern (fig. 4; accelerometer 165 with microprocessor 160 is used programmed to sense motion signals and transition from standby to active mode based on a preselected sequence such as two sharp taps/double-tap; [0070]-[0071]).
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 user input module and controller of the modified device of Larson with the accelerometer and microprocessor of Dykes to be able to sense motion signals to transition from standby to active mode with a preselected sequence to prevent unnecessarily activating the device which could case rapid battery drain (Dykes: [0070]-[0071]).
Regarding claim 5, the modified device of Larsen discloses
the mask (Larson: mask 400; Fabian: electronics system; Dykes: accelerometer with double-tap preselected sequence) according to claim 4,
wherein the user interface is a touch-sensitive user interface (Fabian: figs. 3-4; user input module 440 may be a touch sensitive touch pad 446; [0134]) and the pre-defined activation pattern is a double-tap (Dykes: enter active mode after receiving, for example, two sharp taps to the SCBA face shield within a predefined time period; [0070]) on the touch-sensitive user interface (Fabian: touch sensitive touch pad 446 located in/on any location on device/mask 100; [0134]) .
Regarding claim 6, the modified device of Larson discloses
the mask (Larson: mask 400; Fabian: electronics system) according to claim 2,
wherein the control system is configured to move from the locked state to the unlocked state (Larson: fig. 4, the controller 450 may be used to monitor or control a gas sensor 402 and power to gas sensor 402 may be switched off, col. 4, lines 50-53 and 64-66; Fabian: user input modules 440 where user can select mode such as a mode where there is no sensing of individual user’s biometric and minimum flow for the most efficient option for power use; [0278]).
The modified device does not disclose wherein the sensor assembly comprises a second sensor configured to detect movement of the mask, and wherein the control system is configured to move from the locked state to the unlocked state only when movement of the mask is detected.
Dykes discloses a protective face mask
wherein the sensor assembly comprises a second sensor configured to detect movement of the mask (fig. 4; accelerometer 165 is used to measure movement/motion signals such as two sharp taps to the face shield; [0070]); , and
wherein the control system is configured to move from the locked state to the unlocked state only when movement of the mask is detected (fig. 4; accelerometer 165 with microprocessor 160 is used programmed to sense motion signals and transition from standby to active mode based on a preselected sequence; [0070]).
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 mask and controller of the modified device of Larson with the accelerometer and microprocessor of Dykes to be able to sense motion signals to transition from standby to active mode with a preselected sequence to prevent unnecessarily activating the device which could case rapid battery drain (Dykes: [0070]-[0071]).
Claims 10 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Fabian (US 20180078798) and further in view of Kennedy (WO 2020092701).
Regarding claim 10, the modified device of Larson further discloses
the mask (Larson: mask 400; Fabian: electronics system) according to claim 9, comprising
The modified device of Larson does not disclose an indicator configured to be activated based on a signal received from an external electronic device, e.g. via an RF module, for notifying the user of a harmful scenario detected by the external electronic device.
Kennedy discloses respiratory system measuring data from a plurality of sensors (health monitoring device 120) and
an indicator configured to be activated (event may trigger a notice (indicator)/care giver alerts to the patient/clinician; [0022] and [0167]) based on a signal received from an external electronic device (fig. 1a; mobile device connected to health analysis engine running on networked computing device; [0151]-[0153]), e.g. via an RF module (see fig. 1a; system is connected via wireless communication technology, the connections to the wide area network 140 may be wired or wireless.”; [0052], [0094], [0197]), for notifying the user of a harmful scenario detected by the external electronic device (fig. 1a; machine-learning engine 180 with health data analysis engine 130 determines unknown correlations and predicting exacerbations of patient’s condition (asthma attack, COPD exacerbation and determines severity of event to trigger a notice (indicator)/care giver alerts to the patient/clinician that may be communicated via the mobile device); [0151]-[0156], [0163], [0167], and [0193]-[0194]).
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 computer system of the modified device of Larson with the health data analysis engine, machine-learning engine, and databases of Kennedy to be able to predict exacerbations of patient’s condition and alert the patient/user based on the severity of the event (Kennedy: [0156], [0163], and [0167]).
Regarding claim 21, the modified device of Larson discloses
a system (system using mask 400) comprising:
a mask (Larson: mask 400; Fabian: electronics system) according to claim 1; and
an electronic device (Larson: fig. 5, computer system 500, col. 5, lines 20-25),
wherein the mask is configured to generate a sensor output signal to the control system in response to measured gas properties (Larson: fig. 4; “the controller 450 may be used to monitor or control a gas sensor 402”; col. 4, lines 50-53; Fabian: control unit 470 can include data collection module 478 which can be configured to receive signals from sensors and user input modules; [0139]) and to store data corresponding to the measured gas properties in a memory of the mask (Fabian: “the respirator mask may include memory configured to store data gathered by at least one of the sensors”; [0070] and [0285]-[0286]),
wherein the mask is configured to transmit the data to the external electronic device (Fabian: figs. 4-5; communication module 460 uses wireless connection to connect user-wearable device 100 with electronics system 400 to associated user host device 502 (phone) including data stored on user-wearable device; [0136], [0137], [0139], and [0142]-[0143]; Larson: computer system 500; col. 5, lines 20-25), and
wherein the external electronic device is configured to analyse the data (Larson: fig. 5, computer system 500 to analyze physiological data obtained from the integrated sensors, col. 5, lines 20-25).
The modified device of Larson does not disclose wherein the external electronic device is configured to analyse the data using a machine learning algorithm to determine if there is a harmful scenario.
Kennedy discloses respiratory system measuring data from a plurality of sensors (health monitoring device 120) and
wherein the external electronic device (fig. 1a; mobile device connected to health analysis engine running on networked computing device; [0151]-[0153]) is configured to analyse the data using a machine learning algorithm (fig. 1a; machine-learning engine 180 with health data analysis engine 130 analyzes data from databases 150, 160 to determine unknown correlations between input data and health conditions; [0151]-[0156]) to determine if there is a harmful scenario (fig. 1a; determining unknown correlations and predicting exacerbations of patient’s condition (asthma attack, COPD exacerbation); [0151]-[0156] and [0163], [0194]).
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 computer system of the modified device of Larson with the health data analysis engine, machine-learning engine, and databases of Kennedy to be able to predict exacerbations of patient’s condition and alert the patient/user based on the severity of the event (Kennedy: [0156], [0163], and [0167]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Fabian (US 20180078798) and evidence of Figaro (Website: Miniaturization and reduce power consumption for sensor platform development).
Regarding claim 20, Larson further discloses
the mask (Larson: mask 400) according to claim 1, comprising
a heater configured to heat the first sensor to a predetermined temperature (Larson: mask contains a heater and heater power is provided to gas sensor 402, see col. 4, lines 65-67 and col. 5, lines 11-12). As evidenced by Figaro, it is noted that for gas sensors to fully work, it is necessary that the sensing element be provided with a certain degree of heat (Figaro: page 3, second paragraph).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 10065055) in view of Fabian (US 20180078798) and evidence of Figaro (Website: Miniaturization and reduce power consumption for sensor platform development) and further in view of Kennedy (WO 2020092701).
Regarding claim 22, the modified device of Larson discloses
the system (Larson: mask 400; Fabian: electronics system) according to claim 20,
wherein the mask comprises an indicator (Larson: optical indicator 160 may be included in mask: Fabian: user output modules 450 can include one or more indicator lights, display, speaker, and earphones; [01335])
The modified device of Larson does not disclose an indicator configured to be activated based on an output signal received from the external electronic device. when a harmful scenario has been determined by the external electronic device.
Kennedy discloses respiratory system measuring data from a plurality of sensors (health monitoring device 120) and
an indicator configured to be activated (event may trigger a notice (indicator)/care giver alerts to the patient/clinician; [0022] and [0167]) based on an output signal received from the external electronic device (fig. 1a; mobile device connected to health analysis engine running on networked computing device; [0151]-[0153]). when a harmful scenario has been determined by the external electronic device (fig. 1a; machine-learning engine 180 with health data analysis engine 130 determines unknown correlations and predicting exacerbations of patient’s condition (asthma attack, COPD exacerbation and determines severity of event to trigger a notice (indicator)/care giver alerts to the patient/clinician that may be communicated via the mobile device); [0151]-[0156], [0163], [0167], and [0193]-[0194]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kwok (US 20070193582) – a breathing apparatus that has methods of using swipes or taps (double tap) to indicate certain functions
Adams (US 20220008761) – A smart mask that has a user interface, a plurality of sensors, and indicators
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785