CTFR 18/030,879 CTFR 101342 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Response to Amendment Per the amendments to the drawings, the drawing objections are withdrawn. Per the amendments to the claims, the claim objections are withdrawn. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is noted that claim 21 was cancelled in a preliminary amendment. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-2, 6-8, 11-12, 16-18, 20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Buck (US 20150283409 A1) in view of Palmer (US 20150217143 A1) . PNG media_image1.png 680 710 media_image1.png Greyscale Figure 1: annotated Figure 1 of Buck. PNG media_image2.png 620 557 media_image2.png Greyscale Figure 2: annotated Figure 2 of Palmer. Regarding claim 1 , Buck discloses a component for an air purifying respirator (APR) (Figure 1 above; elongate tube ‘123’, second stage regulator ‘125’, APR system: blower ‘218’+ filter ‘216’), the component comprising : an elongate tube having a proximal end and a distal end, the distal end being configured to be in fluid communication with an air filter of the APR (Figure 1 above; where there is an elongate tube ‘123’ with a proximal end displaced toward the second stage regulator ‘125’, which connects to a facepiece (Buck [0054]) and a distal end displaced where the APR components are ‘218’+’216’, the blower and filter respectively are in fluid communication with the distal end of the elongate tube and Buck [0044]; where the blower ‘218’ (in connection with the filter ‘216’) will discharge oxygen/ ambient air mixture to the elongate tube portion ‘224’ of Figure 1 above – thereby being in fluid communication). Buck fails to disclose an annular adapter disposed at the proximal end of the elongate tube. Palmer discloses an accessory for an SCBA comprising: an annular adapter disposed at the proximal end of the elongate tube, the annular adapter being having a first side and a second side (Figure 2 above; where there is an annular adapter disposed at the proximal end of an elongate tube, that has a first side and a second side, Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’ – thereby having a first side and a second side) wherein the annular adapter is configured to: at the first side, releasably fluidly couple the elongate tube to a facepiece (Figure 2 above; where the annular adapter ‘10’ has a first side that releasably fluidly couples the elongate tubes ’24,26’ to the facepiece ‘14’); and at the second side, releasably fluidly couple a regulator of a self- contained breathing apparatus (SCBA) to the facepiece (Figure 2 above; where at the second side, the annular adapter ‘10’ releasably fluidly couples a regulator of a SCBA to the facepiece ‘14’); wherein, when the annular adapter is mechanically coupled to the facepiece without the regulator, a wearer of the facepiece breathes in ambient air (Palmer [0024]; where the adaptor ‘10’ allows for an open air flow between the regulator ‘16’ and the mask ‘14’ and Figure 2 above; where when the regulator ‘16’ is not connected to the annular adapter ‘10’, there would be the allowance of ambient air to be breathed in by a wearer of the facepiece ‘14’ because there is an opening ‘42’ in the annular adapter ‘10’). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component of an APR system with an elongate tube, second stage regulator, and an APR of Buck to include an annular adapter connected to the face mask and the regulator as taught by Palmer , which would then couple the APR to the facepiece, since, the annular adapter has multiple purposes: it avoids bulky additions being added to the SCBA system which can be detrimental, the location is prime for the integration of equipment features while in a high stress, low visibility, low dexterity situation, outs critical feedback devices into a field of view of a user, and because the accessory is relevant to other types of users, including but not limited to firefighters, HAZMAT, or any case of use of an SCBA system, or a SCUBA system for example (Palmer [0034]). Regarding claim 2 , modified Buck further discloses the component of Claim 1, wherein the adapter is configured to releasably mechanically couple directly to the facepiece (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’). Regarding claim 6 , modified Buck further discloses the component of Claim 1, wherein the adapter is configured to twist- lock onto the facepiece (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’). Regarding claim 7 , modified Buck further discloses the component of Claim 6, wherein the second stage regulator is configured to twist-lock onto the adapter (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component with a second stage regulator of Buck by including a twist-lock interface to connect the regulator and the adapter as taught by Palmer , since, a twist-lock interface on the regulator to connect to the adapter is conventional and allows for the air supplies to go to the user via the regulator and then to the facepiece (Palmer [0023]). Regarding claim 8 , modified Buck further discloses the component of Claim 1, wherein when the second stage regulator is releasably mechanically coupled to the adapter, the adapter and the second stage regulator are substantially co-axial (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’, and Figure 2 above where the adapter ‘10’ and the regulator ‘16’ are substantially co-axial because of their arrangement when connected on top of each other, aligning to be co-axial, as modified the second stage regulator of Figure 1 above, is connected to the adaptor of Figure 2 above). Regarding claim 11 , Buck discloses personal protective equipment (PPE), comprising (Figure 1 above; where the system is PPE, Buck [0001]): a facepiece; a self-contained breathing apparatus (SCBA) having a second stage regulator; an air purifying respirator (APR) having an elongate tube (Buck [0054]; where the components of the system can attach to a facepiece (face mask), Figure 1 above; where there is a second stage regulator ‘125’, an APR: ‘218+216’ and an elongate tube ‘123’). Buck fails to disclose an annular adapter extending from the tube. Palmer discloses an accessory for an SCBA comprising: and an annular adapter extending from the tube, the adapter having a first side and a second side (Figure 2 above; where there is an annular adapter disposed at the proximal end of an elongate tube, that has a first side and a second side, Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’ – thereby having a first side and a second side); wherein the annular adapter being configured to: at the first side, releasably fluidly couple the elongate tube to the facepiece (Figure 2 above; where the annular adapter ‘10’ has a first side that releasably fluidly couples the elongate tubes ’24,26’ to the facepiece ‘14’); and at the second side, releasably fluidly couple the regulator to the facepiece (Figure 2 above; where at the second side, the annular adapter ‘10’ releasably fluidly couples a regulator of a SCBA to the facepiece ‘14’); wherein, when the annular adapter is mechanically coupled to the facepiece without the regulator, a wearer of the facepiece breathes in ambient air (Palmer [0024]; where the adaptor ‘10’ allows for an open air flow between the regulator ‘16’ and the mask ‘14’ and Figure 2 above; where when the regulator ‘16’ is not connected to the annular adapter ‘10’, there would be the allowance of ambient air to be breathed in by a wearer of the facepiece ‘14’ because there is an opening ‘42’ in the annular adapter ‘10’). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component of an APR system with an elongate tube, second stage regulator, and an APR of Buck to include an annular adapter connected to the face mask and the regulator as taught by Palmer , which would then couple the APR to the facepiece, since, the annular adapter has multiple purposes: it avoids bulky additions being added to the SCBA system which can be detrimental, the location is prime for the integration of equipment features while in a high stress, low visibility, low dexterity situation, outs critical feedback devices into a field of view of a user, and because the accessory is relevant to other types of users, including but not limited to firefighters, HAZMAT, or any case of use of an SCBA system, or a SCUBA system for example (Palmer [0034]). Regarding claim 12 , modified Buck further discloses the PPE of Claim 11, wherein the adapter is configured to releasably mechanically couple directly to the facepiece (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’). Regarding claim 16 , modified Buck further discloses the PPE of Claim 11, wherein the adapter is configured to twist-lock onto the facepiece (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’). Regarding claim 17 , modified Buck further discloses the PPE of Claim 16, wherein the second stage regulator of the SCBA is configured to twist-lock onto the adapter (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component with a second stage regulator of Buck by including a twist-lock interface to connect the regulator and the adapter as taught by Palmer , since, a twist-lock interface on the regulator to connect to the adapter is conventional and allows for the air supplies to go to the user via the regulator and then to the facepiece (Palmer [0023]). Regarding claim 18 , modified Buck further discloses the PPE of Claim 11, wherein when the second stage regulator is releasably mechanically coupled to the adapter, the adapter and the second stage regulator are substantially co-axial (Palmer [0024]; where the annular adapter ‘10’ is configured to connect between the facepiece ‘14’ and the regulator ‘16’, and there is a twist-lock interface ‘20’ of the facepiece ‘14’ and ‘18’ of the regulator ‘16’ that is releasable mechanically coupling the annular adapter directly to the facepiece ‘14’, and Figure 2 above where the adapter ‘10’ and the regulator ‘16’ are substantially co-axial because of their arrangement when connected on top of each other, aligning to be co-axial, as modified the second stage regulator of Figure 1 above, is connected to the adaptor of Figure 2 above). Regarding claim 20 , modified Buck further discloses the PPE of Claim 11, wherein the second stage regulator has a first mechanical locking structure to releasably mechanically couple the second stage regulator to the adapter (Palmer [0023]; where the regulator ‘16’ (second stage regulator as modified) has a first mechanical locking structure ‘18’ to releasably mechanically couple the (second stage) regulator to the adaptor ‘10’); and wherein the adapter has a second mechanical locking structure to releasably mechanically couple the adapter to the facepiece (Palmer [0030]; where the adaptor ‘10’ has a second mechanical locking structure ’30,32’ where ‘30’ allows for the adaptor to couple to releasably mechanically couple to the regulator ‘16’ and ‘32’ allows for the adaptor to releasably mechanically couple to the facepiece ‘14’); the first mechanical locking structure and the second mechanical locking structure having a same physical arrangement (Figure 2 above; where the mechanical locking structures: ‘18’ of the regulator, ’30,32’ of the adaptor, and ‘20’ of the facepiece ‘14’ all have the same physical arrangement of being twist-lock mechanical locking structure components that connect to each other). Regarding claim 22 , modified Buck further discloses the component of claim 1, wherein a mechanical locking structure of the adapter to the facepiece is the same mechanical locking structure of the second stage regulator (Figure 2 above; where the mechanical locking structures: ‘18’ of the regulator, ’30,32’ of the adaptor, and ‘20’ of the facepiece ‘14’ all have the same physical arrangement of being twist-lock mechanical locking structure components that connect to each other – thereby being the same mechanical locking structure of the second stage regulator vs. the adaptor to the facepiece’s mechanical locking structure) . 07-21-aia AIA Claim s 3, 4, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Buck (US 20150283409 A1) in view of Palmer (US 20150217143 A1), and further in view of Jaeger (US 20180192724 A1) . Regarding claim 3 , modified Buck further discloses the component of Claim 1. Modified buck fails to disclose a fluid conduit extending from the adapter in communication with a source of potable fluid. Jaeger discloses the component, wherein the adapter includes a fluid conduit extending from the adapter and configured to be in fluid communication with a source of potable fluid (Jaeger Figure 2B; ‘111’: fluid conduit and ‘106’: magnetic quick connect piece is an adapter for connection between the fluid conduit and the tubing conduit ‘110b’, Figure 19; ‘122’: potable fluid source in connection with all the tubing system for hydration). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component modified Buck to include a fluid conduit extending from an adapter that is in fluid communication with a source of potable fluid as taught by Jaeger , since a personal hydration system not only is more convenient for needed drinking fluids, it is also improves the quality of the user during respiration (Jaeger [0008] lines 1-2). Regarding claim 4 , modified Buck in view of Jaeger further discloses the component of claim 3, wherein the adapter includes a hydration switch configured to enable fluid to flow from the source of potable fluid to the fluid conduit (Jaeger [0008]; a tube (fluid conduit) is long enough to allow the mouthpiece in the user’s mouth to draw water from the reservoir (source of potable fluid) at will with a bite valve which enables the hydration to be on or off (hydration switch)). Regarding claim 13 , modified Buck further discloses the PPE of Claim 11 . Modified buck fails to disclose a fluid conduit extending from the adapter in communication with a source of potable fluid. Jaeger discloses the component, wherein the adapter includes a fluid conduit extending from the adapter and configured to be in fluid communication with a source of potable fluid (Jaeger Figure 2B; ‘111’: fluid conduit and ‘106’: magnetic quick connect piece is an adapter for connection between the fluid conduit and the tubing conduit ‘110b’, Figure 19; ‘122’: potable fluid source in connection with all the tubing system for hydration). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component modified Buck to include a fluid conduit extending from an adapter that is in fluid communication with a source of potable fluid as taught by Jaeger , since a personal hydration system not only is more convenient for needed drinking fluids, it is also improves the quality of the user during respiration (Jaeger [0008] lines 1-2). Regarding claim 14 , modified Buck further discloses the PPE of Claim 13 , wherein the adapter includes a hydration switch configured to enable fluid to flow from the source of potable fluid to the fluid conduit (Jaeger [0008]; a tube (fluid conduit) is long enough to allow the mouthpiece in the user’s mouth to draw water from the reservoir (source of potable fluid) at will with a bite valve which enables the hydration to be on or off (hydration switch)) . 07-21-aia AIA Claim s 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Buck (US 20150283409 A1) in view of Palmer (US 20150217143 A1) and further in view of Tilley (WO 2010091002 A2) . Regarding claim 5 , modified Buck further discloses the component of Claim 1. Modified Buck fails to disclose a switch on the elongated tube configured to transition the facepiece from being in fluid communication with the SCBA or the APR. Tilley discloses a respirator wherein: the elongate tube includes a switch configured to transition the facepiece from being in fluid communication with the SCBA to being in fluid communication with the APR (Tilley [0018] lines 1-3; the plenum (tube against the facepiece) can have a remote power switch and demand valve to control the power source of pressurized air, thereby changing the source of air, Tilley [00033]; where the source of air can be from a PAPR or SCBA). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component with an elongate tube of modified Buck by including a switch as taught by Tilley , since a switch on the elongate tube allows for the respiration environment to be less susceptible by contamination because the mask and air supply source does not need to be removed, thereby preventing leaks (Tilley [04]). Regarding claim 15 , modified Buck further discloses the PPE of Claim 11. Modified Buck fails to disclose a switch on the elongated tube configured to transition the facepiece from being in fluid communication with the SCBA or the APR. Tilley discloses a respirator wherein: the elongate tube includes a switch configured to transition the facepiece from being in fluid communication with the SCBA to being in fluid communication with the APR (Tilley [0018] lines 1-3; the plenum (tube against the facepiece) can have a remote power switch and demand valve to control the power source of pressurized air, thereby changing the source of air, Tilley [00033]; where the source of air can be from a PAPR or SCBA). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component with an elongate tube of modified Buck by including a switch as taught by Tilley , since a switch on the elongate tube allows for the respiration environment to be less susceptible by contamination because the mask and air supply source does not need to be removed, thereby preventing leaks (Tilley [04]) . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Buck (US 20150283409 A1) in view of Palmer (US 20150217143 A1), and further in view of Johansson (US 5394870 A) . Regarding claim 10 , modified Buck further discloses the component of claim 1. Modified Buck is silent to wherein the elongate tube is a flexible hose. Johansson discloses a respirator wherein: the elongate tube is a flexible hose (Johansson [03] line 1; flexible hose for use of transporting air). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the component of modified Buck by having a flexible hose or tube as taught by Johansson , since, a flexible hose allows for movement of the housing of other components to extend away from the hose without interference (Johansson [08] lines 6-7) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Phifer (US 7658190 B1): a portable air purifying system with a combined SCBA and APR system. Langford (US 20160059049 A1): a respirator filter interface with an adaptor coupled to the face piece, air can be switched between SCBA and APR sources. 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 AISLINN MOIRA JONES whose telephone number is (571)272-3835. The examiner can normally be reached Monday-Friday 7:30-5, EO Friday 7:30-4. 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, Brandy Lee can be reached at 5712707410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AISLINN M JONES/Examiner, Art Unit 3785 /BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/030,879 Page 2 Art Unit: 3785 Application/Control Number: 18/030,879 Page 4 Art Unit: 3785 Application/Control Number: 18/030,879 Page 5 Art Unit: 3785 Application/Control Number: 18/030,879 Page 6 Art Unit: 3785 Application/Control Number: 18/030,879 Page 7 Art Unit: 3785 Application/Control Number: 18/030,879 Page 8 Art Unit: 3785 Application/Control Number: 18/030,879 Page 9 Art Unit: 3785 Application/Control Number: 18/030,879 Page 10 Art Unit: 3785 Application/Control Number: 18/030,879 Page 11 Art Unit: 3785 Application/Control Number: 18/030,879 Page 12 Art Unit: 3785 Application/Control Number: 18/030,879 Page 13 Art Unit: 3785 Application/Control Number: 18/030,879 Page 14 Art Unit: 3785 Application/Control Number: 18/030,879 Page 15 Art Unit: 3785 Application/Control Number: 18/030,879 Page 16 Art Unit: 3785 Application/Control Number: 18/030,879 Page 17 Art Unit: 3785
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