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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set
forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
application is eligible for continued examination under 37 CFR 1.114, and the fee set
forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on 06/10/2026 has been entered. Claims 1, 2, and 14 have been amended. Claims 9 and 11-13 have been cancelled. Currently claims 1-8, 10 and 14-20 are under examination and are pending.
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.
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.
Claims 1-8, 10, and 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, with the recitation of “a USB fan, and power bank configured to provide power to the air circulation unit in a single modular component”, it is unclear as to how the power bank and the air circulation unit are in a single modular component if they are depicted and described as separate components. Under broadest reasonable interpretation, it is understood that a single modular component means that the power bank and the USB fan work together through a USB cable to act like a single modular component that is able to be taken off of the head cover together.
Similarly claim 14, is rejected for the same reason as claim 1 because of the same recitation.
Dependent claims 2-8, 10 and 15-20, are rejected for being dependent upon independent claims 1 and 14.
Further, with the recitation “a USB fan” in claim 18, it is unclear as to whether the USB fan is the same corresponding structure as the USB fan first recited in independent claim 14. Under broadest reasonable interpretation, the USB in claim 18 is understood to be the same corresponding structure USB fan as in claim 14. Similarly, with the recitation “an external power bank” in claim 20, it is unclear as to whether the external power bank is the same corresponding structure as the power bank first recited in independent claim 14. Under broadest reasonable interpretation, it is understood that they are the same corresponding structure. It is suggested that the recitation in claim 20 be amended to ---the power bank---, in order to help fix the issue.
Claim Rejections – 35 U.S.C. § 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
Claims 1, 8 and 10 are rejected under 35 U.S.C. 103 as being obvious over Guy (US 3822698 A) in view of Braun (US 4462399 A) and further in view of Cook (US 9486026 B1).
Regarding claim 1, Guy discloses the breath protection device (Guy Figure 1) comprising:
a head cover (Figures 1 and 2 below; ‘12’: hat = head cover);
a transparent face covering shield coupled to the head cover (Figures 1 and 2 below; ‘14’ = transparent face shield coupled on head cover);
wherein the head cover and the transparent face covering shield define a breathing zone (Figures 1 and 2 below; breathing zone is inside of the face shield ‘14’);
an air filtration unit configured to filter air from outside (Figures 1 and 2 below; ‘37’ is the air filter for filtering outside air, yellow line is used to show the filter layer)
and an air circulation unit configured to provide the filtered air to the breathing zone, thereby forming a continuous protective air curtain therein (Figures 1 and 2 below; where ‘28’ is a blower = fan = air circulation unit, connected to air filter to filter air and the protective air curtain is thus provided into the breathing zone through either the visor or the top of the hat);
and wherein the air filtration unit and the air circulation unit are disposed on a visor portion of the head cover (Figure 2 below; where blower (air circulation unit) and filter (air filtration unit) are located on the visor portion of the head cover).
Guy is silent to wherein the air filtration unit comprises a removable HEPA filtering material component.
Braun discloses a powered air respirator helmet and cartridge wherein:
the air filtration unit comprises a removable HEPA filtering material component (Braun [015]; where the filter cartridge is a HEPA filter, [08]; where the filter cartridge seal blocks contaminated air and allows for the easy replacement of the air filter cartridge – thereby being removable).
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 breath protection device of Guy by replacing the filter of the air filtration unit with a filter that is a removable HEPA filtering component as taught by Braun, since, this type of filter meets the 99.97% HEPA efficiency requirement to remove airborne particles and because this configuration allows for the easy replacement of the air filter as needed (Braun [015]).
Modified Guy fails to disclose a USB fan and a power bank as a single modular component.
Cook discloses a personal air cooling visor comprising:
a USB fan, and power bank configured to provide power to the air circulation unit in a single modular component (Cook [012]; USB fan is on the visor with a power bank for the fan (computer pack), air circulation unit is a fan – where they are a single modular component because they are attached to each other through a USB cable, able to move the components as well making it a single modular component).
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 breath protection device of modified Guy to have a USB fan that is an air circulation unit as taught by Cook, since, a USB fan provides comfort, control and convenience of cooling, and because it is an inexpensive and lower power source type of fan (Cook [01]).
Regarding claim 8, modified Guy in view of Cook further discloses the breath protection device of claim 1, wherein the transparent face covering shield comprises a curved portion (Figures 1 and 2 below; ‘14’ transparent face shield is curved);
Regarding claim 10, modified Guy in view of Cook further discloses the breath protection device of claim 1, wherein the filtered air flows down within the breathing zone (Figures 1 and 2 below; where the air filter is positioned with the fan to direct air from the top of the head down the ‘breathing zone’).
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Figure 1: Annotated Figures 1-3 of Guy.
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Figure 2: Annotated Figures 4-6 of Guy.
Claims 2-6 are rejected under 35 U.S.C. 103 as obvious over Guy (US 3822698 A) in view of Braun (US 4462399 A), further in view of Cook (US 9486026 B1) further in view of Hill (US 3688314 A), and even further in view of Carraro (EP3281540A1).
Regarding claim 2, modified Guy in view of Cook discloses the breath protection device of claim 1 above, but fails to disclose a double layered zipper gaiter detachably coupled to the transparent face covering shield.
Hill discloses the breath protection device of 1, further comprising:
a gaiter detachable coupled to the transparent face covering shield (Hill [019]; collar portion (gaiter) has fastening means of snap fasteners and [016] lines 5-9; where you can disconnect the collar portion from the face shield).
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 breath protection device of modified Guy in view of Cook to have a gaiter that can be detachably coupled to the transparent face shield as taught by Hill, since, a collar or gaiter protects the wearer against contact with whatever harmful elements may be present in the external environment towards the neck region (Hill [03] lines 11-12).
Modified Guy in view of Cook, further in view of Hill fails to disclose a double layered gaiter with a zipper.
Carraro discloses a shielding garment comprising:
a double layered zippered gaiter detachably coupled to the face covering shield (Carraro [0007]; where the protective garment has two layers coupled together, and protective garment includes the collar ‘16’ (gaiter), [0041]; where the fastener means ‘13’ include the portions ‘14a,14b’, [0043]; where the fastener means ‘13’ may consist of a zipper fastening system, Carraro Figure 3; ‘14a,b’ fastener means, collar ‘16’ (gaiter), [0041]; where the fastener means are connect to the hood ‘2’ and the face covering shield ‘7’ – where a zipper fastening system is a detachably coupling system).
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 breath protection device of modified Guy in view of Cook, further in view of Hill to have the gaiter be a double layered zippered gaiter as taught by Carraro, since, double layer keeps the user safe from multiple hazards (Carraro [0007]), and the zipper is an alternate fastening means as an art recognized equivalence for the same purpose of fastening two portions together (MPEP 2144.06), allowing for mechanical attachment (Carraro [0043]).
Regarding claim 3, modified Guy in view of Cook, in view of Hill, and further in view of Carraro further discloses the breath protection device of claim 2, wherein the gaiter is stretchable (Hill [019] lines 1-2 and Figure 1: ‘24’; neck portion/collar (gaiter) made with a flexible fabric, since, a collar or gaiter with a stretchable material helps to not have a tear when sealing with the helmet or face shield Hill [019] lines 5-6).
Regarding claim 4, modified Guy in view of Cook, in view of Hill, and further in view of Carraro further discloses the breath protection device of claim 2 further comprising a lower frame disposed on a lower portion of the transparent face covering shield (Figure 2 above; lower shield has the frame ‘23’ and Hill Figure 2; lower flange ‘36’ – lower frame).
Regarding claim 5, modified Guy in view of Cook, in view of Hill, and further in view of Carraro further discloses the breath protection device of claim 4, wherein the gaiter is detachable coupled to the lower frame (Hill [019]; collar portion (gaiter) has fastening means of snap fasteners and [03] lines 1-3 and [014]; where you can disconnect the collar portion from the face shield’s lower flange frame).
Regarding claim 6, modified Guy in view of Cook, in view of Hill, and further in view of Carraro further discloses the breath protection device of claim 5 wherein the gaiter is detachably coupled to the lower frame through a snap fastener (Hill [019]; collar portion (gaiter) has fastening means of snap fasteners and [03] lines 1-3 and [014]; where you can disconnect the collar portion from the face shield’s lower flange frame).
Claim 7 is rejected under 35 U.S.C. 103 as obvious over Guy (US 3822698 A) in view of Braun (US 4462399 A), further in view of Cook (US 9486026 B1) and even further in view of Jefferis (US 10420386 B1).
Regarding claim 7, modified Guy in view of Cook discloses the breath protection device of claim 1 above, but is silent to the transparent face covering shield comprising of a polycarbonate material.
Jefferis discloses the breath protection device,
wherein the transparent face covering shield comprises a polycarbonate material (Jefferis [071] lines 6-7; face shield may be constructed from polycarbonate).
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 breath device of modified Guy in view of Cook to have polycarbonate as the material of the transparent face covering shield as taught by Jefferis since, polycarbonate is transparent, can be tinted to protect the wearer’s eyes from light damage and because it is a flexible material that can curve to accommodate different head sizes, thus making it a beneficial material for a transparent face covering shield (Jefferis [071] lines 6-10).
Claims 14-16 and 18-20 are rejected under 35 U.S.C. 103 as obvious over Guy (US 3822698 A) in view of Braun (US 4462399 A), further in view of Cook (US 9486026 B1) and even further in view of Hill (US 3688314 A).
Regarding claim 14, Guy discloses the breath protection device, comprising:
a head cover (Figures 1 and 2 above; ‘12’: hat = head cover);
a transparent face covering shield coupled to the head cover (Figures 1 and 2 above; ‘14’ = transparent face shield coupled on head cover);
wherein the head cover and the transparent face covering shield define a breathing zone (Figures 1 and 2 above; breathing zone is inside of the face shield ‘14’);
an air filtration unit configured to filter air from outside (Figures 1 and 2 above; ‘37’ is the air filter for filtering outside air, yellow line is used to show the filter layer);
and an air circulation unit configured to provide the filtered air to the breathing zone, thereby forming a continuous protective air curtain therein (Figures 1 and 2 above; where ‘28’ is a blower = fan = air circulation unit, connected to air filter to filter air and the protective air curtain is thus provided into the breathing zone through either the visor or the top of the hat);
and wherein the air filtration unit and the air circulation unit are disposed on a visor portion of the head cover (Figure 2 above; where blower (air circulation unit) and filter (air filtration unit) are located on the visor portion of the head cover).
Guy is silent to wherein the air filtration unit comprises a removable HEPA filtering material component.
Braun discloses a powered air respirator helmet and cartridge wherein:
the air filtration unit comprises a removable HEPA filtering material component (Braun [015]; where the filter cartridge is a HEPA filter, [08]; where the filter cartridge seal blocks contaminated air and allows for the easy replacement of the air filter cartridge – thereby being removable).
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 breath protection device of Guy by replacing the filter of the air filtration unit with a filter that is a removable HEPA filtering component as taught by Braun, since, this type of filter meets the 99.97% HEPA efficiency requirement to remove airborne particles and because this configuration allows for the easy replacement of the air filter as needed (Braun [015]).
Modified Guy fails to disclose a USB fan and a power bank as a single modular component.
Cook discloses a personal air cooling visor comprising:
a USB fan, and power bank configured to provide power to the air circulation unit in a single modular component (Cook [012]; USB fan is on the visor with a power bank for the fan (computer pack), air circulation unit is a fan – where they are a single modular component because they are attached to each other through a USB cable, able to move the components as well making it a single modular component).
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 breath protection device of modified Guy to have a USB fan that is an air circulation unit as taught by Cook, since, a USB fan provides comfort, control and convenience of cooling, and because it is an inexpensive and lower power source type of fan (Cook [01]).
Modified Guy in view of Cook fails to disclose a gaiter detachably coupled to the transparent face covering shield, wherein the head cover, the transparent face covering shield, and the gaiter define a breathing zone.
Hill discloses the breath protection device, wherein:
a gaiter is detachably coupled to the transparent face covering shield, and wherein the head cover, the transparent face covering shield, and the gaiter define a breathing zone (Hill Figure 1; where the sealing connection of all the elements defines a breathing zone and collar/gaiter has fastening means of snap fasteners and [016] lines 5-9; where you can disconnect the collar portion from the face shield).
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 breath protection device of modified Guy in view of Cook to have a gaiter that can be detachably coupled to the transparent face shield as taught by Hill, since, a collar or gaiter protects the wearer against contact with whatever harmful elements may be present in the external environment towards the neck region (Hill [03] lines 11-12).
Regarding claim 15, modified Guy in view of Cook, further in view of Hill, further discloses the breath protection device of claim 14 further comprising a lower frame disposed on a lower portion of the transparent face covering shield (Figures 1 and 2 above; lower shield has the frame ‘23’ and Hill Figure 2; lower flange ‘36’ – lower frame).
Regarding claim 16, modified Guy in view of Cook, further in view of Hill, further discloses the breath protection device of claim 15 wherein the gaiter is detachable coupled to the lower frame through a snap fastener (Hill [019]; collar portion (gaiter) has fastening means of snap fasteners and [03] lines 1-3 and [014]; where you can disconnect the collar portion from the face shield’s lower flange frame).
Regarding claim 18, modified Guy in view of Cook, further in view of Hill, further discloses the breath protection device of claim 14, wherein the air circulation unit comprises a USB fan, and the filtered air flows down within the breathing zone (Figures 1 and 2 above; where the air filter is positioned with the fan to direct air from the top of the head down the ‘breathing zone’ and as modified Cook [012]; USB fan is on the visor with a power bank for the fan (computer pack), air circulation unit is a fan).
Regarding claim 19, modified Guy in view of Cook, further in view of Hill further discloses the breath protection device of claim 14 wherein the air filtration unit and the air circulation unit are disposed on a visor portion of the head cover (Figure 2 above; where the blower (air circulation unit) and filter (air filtration unit) are on the visor).
Regarding claim 20, modified Guy in view of Cook, further in view of Hill further discloses the breath protecting device of claim 14, further comprising an external power bank configured to provide power to the air circulation unit (Cook [012]; USB fan is on the visor with a power bank for the fan (computer pack), air circulation unit is a fan).
Claim 17 is rejected under 35 U.S.C. 103 as obvious over Guy (US 3822698 A) in view of Braun (US 4462399 A), further in view of Cook (US 9486026 B1), further in view of Hill (US 3688314 A), and even further in view of Jefferis (US 9486026 B1).
Regarding claim 17, modified Guy in view of Cook, further in view of Hill, further discloses the breath protection device of claim 14 above, and is silent to wherein the transparent face covering shield is comprising of a polycarbonate material.
Jefferis discloses the breath protection device,
wherein the transparent face covering shield comprises a polycarbonate material (Jefferis [071] lines 6-7; face shield may be constructed from polycarbonate).
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 breath device of modified Guy in view Cook, further in view of Hill to have polycarbonate as the material of the transparent face covering shield as taught by Jefferis since, polycarbonate is transparent, can be tinted to protect the wearer’s eyes from light damage and because it is a flexible material that can curve to accommodate different head sizes, thus making it a beneficial material for a transparent face covering shield (Jefferis [071] lines 6-10).
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Flores (US 5561862 A): rigid helmet having air blowing system.
Figueredo (US 5878742 A): air visor delivery system.
Quintal (US 7331064 B1): ventilated cap apparatus.
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.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
