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 .
Priority
Acknowledgement is made to Applicant’s claim to priority to National Stage Application No. PCT/KR2021/013181 filed September 28, 2021 and to foreign priority to Korean Application No. KR10-20210051333 filed April 20, 2021.
Status of Claims
This present office action is responsive to the Application filed on April 28, 2023. As directed, claims 1-6 are presently pending in this application.
Information Disclosure Statement
The information disclosure statement filed 04/28/2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because NPL #1 - “KR Office action dated 09/14/2021” has been provided without English translation. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Drawings
The drawings are objected to because of the following informalities:
The fixed protruding jaws (15) for both inhalation tube and exhalation tube have not been designated in any of figures provided as described in specification ¶0018-19, 0041, 0043, and 0046-0047.
Examiner suggest further amending the reference characters for the fixed protruding jaw located in the exhalation tube as the reference character “15” is used for the fixed protruding jaw located in the inhalation tube
The tube fitting holes (19a) of claim 4 has not been designated in the any of the figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
As discussed in the drawing objection, Examiner suggest amending the specification regards to the reference character “15” which is indicated for the fixed protruding jaw located in the exhalation tube. See ¶0019,0041,0046-0047.
Appropriate correction is required.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
Claim 1 recites, “which are branches from sides of the inhaling tubes (11)” in ln 4-5 which Examiner suggest amending to read --which are branches from a side of each inhaling tube--
Claim 1 recites, “the inhaling tube” in ln 7, ln 21, ln 26, ln 28 and ln 30 which Examiner suggest amending to read --each inhaling tube-- respectively for each line.
Claim 1 recites, “the exhaling tube” in ln 11 and ln 15 which Examiner suggest amending to read --each exhaling tube-- respectively for each line.
Claim 2 recites, “wherein the respiratory tube body (10) has ” which Examiner suggest amending to read --wherein each respiratory tube body further comprises-- as claim 1 recites “a pair of respiratory bodies”.
Claim 2 recites, “the inhaling tube” in ln 3 which Examiner suggest amending to read --each inhaling tube--
Claim 3 recites, “a fixed protruding jaw (15)” in ln 6 which Examiner suggest amending with new designated reference character as discussed in drawing objection and specification objection above.
Claim 3 recites, “the exhalation tube” in ln 6-7, ln 10, and ln 12 which Examiner suggest amending to read --each exhalation tube--
Claim 4 recites, “wherein the respiratory tube body” in ln 1-2 which Examiner suggest amending to read --wherein each respiratory tube body-- as claim 1 recites “a pair of respiratory bodies”.
Claim 4 recites, “the inhaling tube” in ln 3 which Examiner suggest amending to read --each inhaling tube--
Claim 4 recites, “formed at both sides thereof with tube fitting holes (19a) that are opened” in ln 4-5 which Examiner suggest amending to read --formed with tube fittings holes that are opened at opposite sides of the at least one tube connector member (19)--
Claim 5 recites, “the air discharged” in ln 6 which Examiner suggest amending to read --the exhaling air discharged-- for consistency with claim 1.
Claim 6 recites, “provided at both sides thereof with hose connectors” in ln 4 which Examiner suggest amending to read --provided with hose connectors at opposite sides of the filter tube (60)--
Claim 6 recites, “filter the air introduced” in ln 9-10 which Examiner suggest amending to read --filter air introduced--
Appropriate correction is required.
Claim Rejections - 35 USC § 101
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-6 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites, “which are inserted into a nose of a user” which is directed to or encompassing a human organism. Examiner suggest amending the claim to read --configured to be inserted into a nose of a user--.
Claims 2-6 are rejected by the virtue of dependency to claim 1.
Claim 2 recites, “making close contact with an inner wall surface of the nose of the user” which is directed to or encompassing a human organism. Examiner suggest amending the claim to read --configured to make close contact with an inner wall surface of the nose of the user--.
Claim 5 recites, “supported on a circumference of a head or a neck of a wearer at a rear of the wearer” which is directed to or encompassing a human organism. Examiner suggest amending the claim to read --configured to be supported on a circumference of a head or a neck of the user at a rear of the user--.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
Reasons for Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding the subject matter of independent claim 1, the closest identified prior art documents of record are as follows: Ahn et al. (KR 20110009769 U; cited in the IDS filed 04/28/2023), Foley et al. (US 20130081637 A1), and Bergmark (machine translation of SE 462200 B)
Ahn et al. discloses, the main components of the nose breathing device of the claim 1 such the inhaling tubes (30, 40, Figs 3-4) with the check valves (31, 41, Fig 2), exhaling tubes (10, 20, Figs 3-4) with the check valves (13, 23, Fig 2), but the prior art does not suggest or teach an inhaling check ball (21) which has a spherical shape and moves along the inhaling air accommodation space (S1); an inhaling mesh plate (23) which is supported by a fixed protruding jaw (15) provided inside the inhaling tube (11) so as to control inward movement of each inhaling check ball (21) and allow air to move through a plurality of inhaling ventilation holes (23a); and an inhalation ball blocking ring (22) which is assembled to a front end portion of each inhaling tube (11) such that an inhalation ball locking jaw (22a) is positioned on an inner surface of each inhaling tube (11) so as to control movement of the inhaling check ball (21) to a front end side of each inhaling tube (11).
Foley et al. discloses, the valve assembly which assembled in the air accommodation space for the nasal cannula comprising the mesh plate (a baffle 26 with valve openings 28, Figs 7-9), but the mesh plate is served as the valve seat prior to the inhalation and the valve member is O-ring (¶0093-0094). Foley et al. further discloses another embodiment (Figs 20-24)of the valve assembly having the valve member as ball valve, but the prior art does not teach or suggest to combine the baffle of Fig 7-9 into the embodiment of Figs 20-24.
Bergmark discloses, the valve assembly for the respiratory mask comprising a net (8, Fig 2), heels (5, Fig 2), valve seat (6, Fig 2), and the ball valve (7, Fig 2), and wherein the ball rests on top of the net trap during inhalation so breathing air is not prevented when the ball rests on the net and the heels as shown in Figs 2 and 4, but the prior art does not teach or suggest wherein an inhaling mesh plate (23) which is supported by a fixed protruding jaw (15) provided inside the inhaling tube and an inhalation ball blocking ring (22) which is assembled to a front end portion of each inhaling tube (11) such that an inhalation ball locking jaw (22a) is positioned on an inner surface of each inhaling tube (11)
It is thus found that one of ordinary skill in the art at the time of the effective filing of the invention would only have arrived at the instant claimed invention by way of improper hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785