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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/042305, filed on February 21, 2023.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “27” has been used to designate both “clock spring” and “indicator barrel”
Reference character “46” has been used to designate both “window” and “protrusions”
Reference character “28” has been used to designate both “exhaust valve” and “head portion”
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference characters "21" and "27" have both been used to designate “indicator barrel”
Reference characters "40" and "48" have both been used to designate “aperture”
Reference characters "21" and "27" have both been used to designate “indicator barrel”
Reference characters "34" and "46" have both been used to designate “protrusions”
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. 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 17 and 36 are objected to because of the following informalities:
Claim 17, “any of claims 11 to 16” should be removed
Claim 36, “configured engaged” should read “configured to engage”
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 1-2, 7, 11, and 25 rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Czajka et al. (US 20180132550 A1, hereinafter “Czjaka”).
Regarding Claim 1, Czajka discloses: A powered air purifying respirator (Figure 3, Paragraph 0051, In embodiments, of the invention, the yoke of the protective apparel support apparatus can be substantially free from contact with the wearer's head. The yoke support structure can include a frame that can be shaped to fit a user's shoulders and shaped to carry and support portions of the protective apparel. The frame can carry portions of the protective apparel which may include a transparent vision shield (e.g., a face shield or shield), barrier material such as a gown, interior air replenishment devices (e.g. a fan), and can distribute the weight of the protective apparel and support apparatus about the torso of the wearer) comprising:
a yoke defining an air inlet and an air outlet fluidly connected via an air flow passage (Paragraph 0069, As shown in FIG. 5 , yoke 100 includes more than one inlet port 518; specifically, first chest member 102a can include a set of inlet ports 518, and second chest member 102b can include a set of outlet ports 520. While shown in FIG. 5 as including a certain shape and/or location, in some embodiments, the shape and/or location of the one or more inlet and outlet ports can vary. For example the one or more ports may be one or more slots in the yoke 100);
and a pump disposed within an interior of the yoke and configured to pump air from the air inlet to the air outlet via the air flow passage (Figure 5, Paragraph 0068, In some embodiments one or more fans can be used for air circulation and/or replenishment. In this embodiment, a first fan 540 (shown in broken line) draws air into the interior barrier space 514 through the first external air port 510 while a second fan 542 (shown in broken line) exhausts air from the interior barrier space 514 through the second air port 512);
wherein the yoke is shaped to fit around a user's neck and be supported by the user's shoulders (Figure 1, Paragraph 0058, The yoke 100 is a support structure that can be configured to rest on the shoulders and upper torso region of a wearer […] the yoke 100 can substantially rest on the shoulders of the wearer and can substantially rest adjacent to portions of the chest and back of the wearer)
Regarding Claim 2, Czajka discloses all of the limitations of Claim 1. Czajka further discloses: wherein the yoke defines a pair of shoulder rests configured to rest upon the user's shoulders (Figure 3, Paragraph 0058, The yoke 100 can be configured such that the inner contours 120a, b of the yoke 100 can substantially rest on the shoulders of the wearer and can substantially rest adjacent to portions of the chest and back of the wearer)
Regarding Claim 7, Czajka discloses all of the limitations of Claim 1. Czajka further discloses: further comprising a filter in gas flow communication with the air inlet, optionally wherein the filter is removable (Paragraph 0075, The hood port 802a is configured to substantially align with and be coupled to an air port of a yoke, for example, the first air port 510 of the yoke 100 […] The hood port 802b is configured to substantially align and is configured to be coupled to an air port of a yoke, for example, the second air port 512 of the yoke 100 […] In some embodiments, one or both of port 802a, 802b can include a porous covering, for example, a mesh and/or a filter) .
Regarding Claim 11, Czajka discloses all of the limitations of Claim 1. Czajka further discloses: further comprising a hood configured to receive the yoke and the user's head therein, optionally wherein the hood surrounds an outer periphery of the yoke during use (Figures 6-9, Paragraph 0071, the apparatus includes multi-piece suits, for example, having a hood portion to cover a wearer's head and/or upper body, and a gown portion to cover a wearer's upper body and lower body. In these embodiments the yoke 100 is placed on the wearer and at least under the head covering portion of the protective apparel. In other embodiments the yoke 100 rests on the wearer under all portions of the protective apparel).
Regarding Claim 25, Czajka discloses all of the limitations of Claim 11. Czajka further discloses: wherein the yoke comprises a first engagement portion, and wherein the hood comprises a second engagement portion configured to engage the first engagement portion to attach the hood to the yoke (Paragraph 0109, Vision shield 2002 can be coupled to yoke 2001 by an attachment device, such as hook and loop, adhesive, buttons, snaps, keyholes, clips, magnets or the like. As shown in FIG. 20, yoke 2001 includes hook and loop fasteners 2010. Hook and loop fastener 2010 can include a first hook or loop fastener carried on the yoke 2001 and an associated hook and loop fastener carried on vision shield 2002. Yoke 2001 can be secured to vision shield 2002 by any number of hook and look fasteners 2010. In some embodiments, vision shield 2002 can be sized such that alignment of vision shield 2002 to yoke 2001 is not critical)
Claim 17 is rejected under 35 U.S.C. 103 as unpatentable over Czajka (US 20180132550 A1), in view of Pavalarajan et al. (US 10687568, hereinafter “Pavalarajan”).
Regarding Claim 17, Czajka discloses all of the limitations of Claim 11. Czajka further discloses: wherein the hood comprises a head portion configured to be positioned over the user's head and protective apparel configured to be tucked under the yoke between the yoke and the user's body, optionally wherein the head portion is generally cylindrical (Figures 6-9, Paragraph 0071, the apparatus includes multi-piece suits, for example, having a hood portion to cover a wearer's head and/or upper body, and a gown portion to cover a wearer's upper body and lower body. In these embodiments the yoke 100 is placed on the wearer and at least under the head covering portion of the protective apparel. In other embodiments the yoke 100 rests on the wearer under all portions of the protective apparel)
Czajka discloses a variety of protective apparel that is envisioned to be used in conjunction with the respirator apparatus, but does not explicitly disclose a “poncho”.
Pavalarajan does disclose wherein the hood comprises a head portion configured to be positioned over the user's head and a poncho configured to be tucked under the yoke between the yoke and the user's body, optionally wherein the head portion is generally cylindrical (Figure 44, Column 17, lines 34-38, The hood structure 3302 can include a surgical garment 3302 for covering at least the head and shoulders of a user. The surgical garment 3302 can have ties 3312 for tightening the surgical garment around the neck of a user)
It would have been obvious to one skilled in the art before the effective filing date to modify the broadly claimed protective apparatuses disclosed by Czjaka to specifically include a poncho-like structure as taught by Pavalarajan.
Claim 19 is rejected under 35 U.S.C. 103 as unpatentable over Czajka (US 20180132550 A1), in view of Pavalarajan (US 10687568), further in view of Reshef et al. (EP 1458448 A1, hereinafter “Reshef”).
Regarding Claim 19, Czajka in view of Pavalarajan discloses all of the limitations of Claim 17. Pavalarajan further discloses:
the hood comprises a gathering mechanism configured to gather the poncho around the user's neck (Figure 44, Column 17, lines 34-38, The hood structure 3302 can include a surgical garment 3302 for covering at least the head and shoulders of a user. The surgical garment 3302 can have ties 3312 for tightening the surgical garment around the neck of a user.)
and/or the poncho comprises a flexible impermeable membrane (Column 19, lines 13-20, The surgical garment 3900 can include impermeable Association for the Advancement of Medical Instrumentation (AAMI) level 4 poly-reinforced fabric 3902 in the critical areas (potentially high contact with medical waste), breathable AAMI level 2 fabric 3904 in the non-critical areas where contact with medical waste is less likely, and breathable sleeves having a non-slip film 3906 applied thereto)
Czajka also further discloses:
and/or the head portion comprises a transparent portion (Paragraph 0051, The yoke support structure can include a frame that can be shaped to fit a user's shoulders and shaped to carry and support portions of the protective apparel. The frame can carry portions of the protective apparel which may include a transparent vision shield (e.g., a face shield or shield))
and/or the head portion is made from a protective material (Paragraph 0061, The yoke 100 is positioned on the wearer 200's shoulders and include a substantially transparent vision shield 202 positioned in front of the wearer 200's face 204. The vision shield 202 can be configured to maintain barrier protection of the protective apparel while allowing the wearer 200 to see the patient),
Czajka in view of Pavalarajan do not specifically disclose what material the head portion is made from or whether the hood comprises a one-way exhaust valve.
Reshef does disclose:
and/or the head portion is made from a gas-impermeable material (Paragraph 0021, Referring first to Fig. 1, a respirator hood, generally designated 10, is shown which comprises a hood 12, made of a flexible, gas and liquid-impermeable material and a gas treatment unit 14 attached to the hood 12. The hood 12 includes a visor 16, also made of a flexible, gas-impermeable material, positioned adjacent to the eyes of a user 18)
and/or the hood comprises a one-way exhaust valve configured to vent air from an interior side of the hood to an exterior side of the hood, and optionally wherein the one-way exhaust valve is positioned at the top of the hood (Paragraph 0023, .A one-way purge valve 24 is integrated into the hood 12 to facilitate the exhaust of perspiration and exhalation gases such as carbon dioxide and moisture from the hood 12 while not allowing the entrance therethrough of outside gases. The one-way purge valve may be any suitable valve, outlet, or flow device, permitting the flow of gases, vapors or moisture in one direction only).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Reshef with Czajka in view of Pavalarajan to provide a specific protective material for the hood portion, and to additionally provide an art-recognized means of releasing exhalation gases for user comfort and visibility.
Claim 27 is rejected under 35 U.S.C. 103 as unpatentable over Czajka (US 20180132550 A1), in view of Christensen (US 20210093024 A1)
Regarding Claim 27, Czajka discloses all of the limitations of Claim 11. Czajka further discloses: Czajka discloses the hood and a variety of features that allow for a variety of engagement to some form of protective apparel (Paragraph 0057, FIGS. 1-32 depict various embodiments of protective apparel and support apparatus and/or portions of apparatus. An apparatus can include a yoke, one or more gowns, togas, and/or hoods (single piece and/or multi-piece), and/or a securement device, etc. While each embodiment can be described as including certain element or features, it is understood that non-mutually exclusive elements and features of any embodiment can be included in any other embodiment)
Christensen discloses wherein the hood (Paragraph 0038, As used herein, the surgical garment 100 may also be known as a surgical hood and gown, a 2-piece toga, a modular toga, or a 2-piece gown) comprises a gripping portion configured to engage an apron (Figure 6, Paragraph 0056, The surgical gown 104 may also include ties 136. The ties 136 may be located along the sides of the surgical gown 104 and allow the gown to be tightened around the wearer), optionally wherein the gripping portion comprises an aperture configured to receive and frictionally engage a portion of the apron, optionally wherein the hood comprises an outwardly extending tab defining the gripping portion (Figure 7, Paragraph 0043, the surgical gown 104 may include fasteners which are located at the neck portion 114 of the surgical gown 104 […] It will be understood that one component (male or female component) will be located on the surgical gown 104 and the corresponding component (female or male component) will be located on the head cover 102. As used herein, the female component is the component which receives the male component. Examples of fasteners of this type include snap fasteners, buttons, buckles, hook-and-loop, hook-and-eye, frogging fastener, clamp, clasp, nut and bolt, screw and anchor, pin and rivet, split pin, straps, combinations thereof, and the like. Additionally, zippers and clasp lockers may also be used in a similar manner)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Christensen’s multi-piece surgical garment with the respirator and hood assembly taught by Czajka to provide a protective barrier that can also be easily doffed in a way that minimizes further contamination (Paragraphs 0007-0008, some surgical garments in the prior art include a helmet and gown, or toga, but are bulky, difficult to put on, and are at risk of becoming contaminated when the medical practitioner moves due to a lack of fastening the helmet and gown together […] What is needed, then, is a surgical garment that provides a protective barrier and includes a multi-piece system that is easy to use, comfortable, and offers maximum barrier protection that is at little risk of becoming contaminated. In particular, the gown and helmet should be fastenable such that the pieces are less prone to becoming separated and causing loss of aseptic techniques, danger to the practitioner and patient, and causing delay during the medical procedure)
Claim 36 is rejected under 35 U.S.C. 103 as unpatentable over Czajka (US 20180132550 A1) in view of Reshef (EP 1458448 A1).
Regarding Claim 36, Czajka discloses: A hood (Paragraph 0064, The protective garment 302 can be, for example, a hood, a body toga, a gown, an upper torso gown, combinations of said protective garments, and/or the like. The protective garment 302 is positioned between the patient and the surgeon or care giver. The protective garment 302 and the vision shield 202 can be configured to form an interior barrier space 314) for a powered air purifying respirator,
the hood comprising: a head portion configured to receive a user's head (Paragraph 0073, FIG. 7 is a perspective view of a second protective gown portion, specifically, a hood 700),
wherein the hood is configured to receive a yoke of a powered air purifying respirator (Figures 6-9, Paragraph 0071, the apparatus includes multi-piece suits, for example, having a hood portion to cover a wearer's head and/or upper body, and a gown portion to cover a wearer's upper body and lower body. In these embodiments the yoke 100 is placed on the wearer and at least under the head covering portion of the protective apparel. In other embodiments the yoke 100 rests on the wearer under all portions of the protective apparel) ,
optionally further comprising an engagement portion configured engage a corresponding formation of the yoke of the powered air purifying respirator to attach the hood to the yoke (Paragraph 0109, Vision shield 2002 can be coupled to yoke 2001 by an attachment device, such as hook and loop, adhesive, buttons, snaps, keyholes, clips, magnets or the like. As shown in FIG. 20, yoke 2001 includes hook and loop fasteners 2010. Hook and loop fastener 2010 can include a first hook or loop fastener carried on the yoke 2001 and an associated hook and loop fastener carried on vision shield 2002. Yoke 2001 can be secured to vision shield 2002 by any number of hook and look fasteners 2010. In some embodiments, vision shield 2002 can be sized such that alignment of vision shield 2002 to yoke 2001 is not critical)
Czajka does not explicitly disclose a one-way exhaust valve
Reshef does disclose:
and a one-way exhaust valve configured to vent air from an internal environment of the hood to an environment external to the hood (Paragraph 0023, .A one-way purge valve 24 is integrated into the hood 12 to facilitate the exhaust of perspiration and exhalation gases such as carbon dioxide and moisture from the hood 12 while not allowing the entrance therethrough of outside gases. The one-way purge valve may be any suitable valve, outlet, or flow device, permitting the flow of gases, vapors or moisture in one direction only);
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Reshef with Czajka to provide an art-recognized means of releasing exhalation gases for user comfort and visibility.
Claim 38 is rejected under 35 U.S.C. 103 as unpatentable over Czajka (US 20180132550 A1) in view of Reshef (EP 1458448 A1), further in view of Pavalarajan (US 10687568).
Regarding Claim 38, Czajka in view of Reshef discloses all of the limitations of Claim 36. Reshef further discloses: further comprising a poncho configured to be tucked underneath the yoke of the powered air purifying respirator between the yoke and the user's body (Paragraph 0023, Fig. 1 further shows a cape or shroud 22 extending downward in a skirt-like manner fitting around the neck toward the shoulders of the user 18 to protect the neck),
Czajka in view of Reshef does not disclose a gathering mechanism for the poncho.
Pavalarajan does disclose optionally further comprising a gathering mechanism configured to gather the poncho around the user's neck (Figure 44, Column 17, lines 34-38, The hood structure 3302 can include a surgical garment 3302 for covering at least the head and shoulders of a user. The surgical garment 3302 can have ties 3312 for tightening the surgical garment around the neck of a user).
It would have been obvious to one skilled in the art before the effective filing date to modify the broadly claimed hood and protective apparel disclosed by Czajka to specifically include a gathering mechanism to provide an additional degree of security for the user wearing the apparatus. The drawstrings are a well-known feature in the art of protective apparel.
Claims 1-4, 6, 11, and 17 are rejected under 35 U.S.C. 102(a)(1) as anticipated by (US 20110289954 A1, hereinafter “Zhang”)
Regarding Claim 1, Zhang discloses: A powered air purifying respirator comprising (Paragraph 0022, FIGS. 1-9 disclose a shoulder mounted hood cooling assembly 20. The assembly includes a blower 22 carried by a blower support 24. The blower support 24 is adapted to be carried by the shoulders of a user 34 when in use):
a yoke (Figure 1, shoulder mounted hood cooling assembly 20) defining an air inlet (Figure 6, inlet 48) and an air outlet (Figure 1, vents 54a-c) fluidly connected via an air flow passage (Figures 5-6, Paragraph 0025, The inlet allows air to be drawn into the blower housing 46. The back portion has an internal passage 50 leading from the hollow which directs air being exhausted from the blower to a system of internal ducts 52 formed by the blower support. The ducts lead to vents 54a, 54b, 54c in the side surfaces defining the neck opening. The vents exhaust air towards a user's head and neck)
and a pump (Figure 6, blower 22) disposed within an interior of the yoke and configured to pump air from the air inlet to the air outlet via the air flow passage (Paragraph 0025, The blower 22 itself is in a blower housing 46 which is in the hollow 44. The back plate or portion has an inlet 48 which leads into the hollow 44. The inlet allows air to be drawn into the blower housing 46. The back portion has an internal passage 50 leading from the hollow which directs air being exhausted from the blower to a system of internal ducts 52 formed by the blower support. The ducts lead to vents 54a, 54b, 54c in the side surfaces defining the neck opening. The vents exhaust air towards a user's head and neck);
wherein the yoke is shaped to fit around a user's neck and be supported by the user's shoulders (Paragraph 0024, The shoulder mounts 26, 28, chest portions 30, 32, and back portion 38a, 38b each have inwardly facing side surfaces 40a, 40a'; 40b, 40b'; 40c which together define a neck accommodating space 42. A user's neck is in the space when the support is worn by the user)
Regarding Claim 2, Zhang discloses all of the limitations of Claim 1. Zhang further discloses: wherein the yoke defines a pair of shoulder rests configured to rest upon the user's shoulders (Paragraph 0023, The blower support includes two curved shoulder mounts 26, 28. The mounts rest on top of a user's shoulders when in use)
Regarding Claim 3, Zhang discloses all of the limitations of Claim 1. Zhang further discloses: wherein the yoke is generally ring-shaped and defines a central aperture configured to receive the user's head (Figure 7, Paragraph 0024, The shoulder mounts 26, 28, chest portions 30, 32, and back portion 38a, 38b each have inwardly facing side surfaces 40a, 40a'; 40b, 40b'; 40c which together define a neck accommodating space 42. A user's neck is in the space when the support is worn by the user)
Regarding Claim 4, Zhang discloses all of the limitations of Claim 1. Zhang further discloses: wherein the yoke comprises a front portion and a rear portion relative to the user's head, and wherein the air inlet (Figure 6, inlet 48) is defined by the rear portion of the yoke (Paragraph 0012, FIG. 6 is a back isometric view of the structure shown in FIG. 5; the dashed lines show airflow in and out of the support) and wherein the air outlet (Figure 1, vents 54a-c) is defined by the front portion of the yoke (Paragraph 011, FIG. 5 is an exploded isometric front view of the assembly shown in FIG. 1 with the upper shell removed to show the internal passages and ducts formed in the support of the assembly; the dashed lines show air flow in and out of the support), optionally wherein the rear portion of the yoke defines a rearwardly facing surface in relation to the user's head, and wherein the air inlet is positioned on the rearwardly facing surface (See Figures 5-6).
Regarding Claim 6, Zhang discloses all of the limitations of Claim 4. Zhang further discloses: wherein the front portion of the yoke defines an upper surface, and wherein the air outlet is positioned on the upper surface of the yoke such that during use air exiting the yoke via the air outlet is directed towards the user's face (Paragraph 0026, Air exiting the vents is confined by the drape and forced into open space between the hood and the user's neck and head. The vents 54a in the chest portion's side surfaces direct air at the user's face and front neck. The vent in the back portion 54b directs air at the back neck and back of the head. The vents 54c in the shoulder mounts direct air to each lateral side of the neck and head).
Regarding Claim 11, Zhang discloses all of the limitations of Claim 1. Zhang further discloses: further comprising a hood (Figures 7-9, protective hood 58) configured to receive the yoke and the user's head therein, optionally wherein the hood surrounds an outer periphery of the yoke during use (Paragraph 0026, The support when resting on the shoulder's of a user positions the vents so that a drape 56 of a protective hood 58 falls over and beyond the vents. Air exiting the vents is confined by the drape and forced into open space between the hood and the user's neck and head).
Regarding Claim 17, Zhang discloses all of the limitations of Claim 11. Zhang further discloses: wherein the hood comprises a head portion configured to be positioned over the user's head and a poncho (Figures 7-9, drape 56) configured to be tucked under the yoke between the yoke and the user's body, optionally wherein the head portion is generally cylindrical (Paragraph 0026, The support when resting on the shoulder's of a user positions the vents so that a drape 56 of a protective hood 58 falls over and beyond the vents. Air exiting the vents is confined by the drape and forced into open space between the hood and the user's neck and head).
Claims 7 and 9-10 are rejected under 35 U.S.C. 103 as unpatentable over Zhang (US 20110289954 A1) in view of Teetzel (US 20160008640 A1).
Regarding Claim 7, Zhang discloses all of the limitations of Claim 1. Zhang does not explicitly disclose a filter
Teetzel does disclose: a filter in gas flow communication with the air inlet, optionally wherein the filter is removable (Figure 6, Paragraph 0032, The frame 140 includes an exhaust port 142 on the front portion and a respirator port 144 on the rear portion. In the preferred embodiment, the respirator port 144 is configured to removably attach to a breathing hose 152 of a breathing system 150, which may be a self-contained breathing apparatus (SCBA), powered air-purifying respirator (PAPR), or a combined SCBA and PAPR device. The breathing hose 152 includes a connector 158 for removable attachment of the breathing hose to the respirator port 144. It will be recognized, however, that in alternative embodiments, the respirator port 144 could be configured to be removably attached to a breathing filter or canister, wherein negative pressure produced by inhalation is used to draw air through the filter).
It is well-known in the art of powered blowers to implement filtration systems to provide a user with a clean air system. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate a filtration system into the cooling assembly taught by Zhang.
Regarding Claim 9, Zhang in view of Teetzel discloses all of the limitations of Claim 7. Teetzel further discloses: wherein the filter is connected to the air inlet on an exterior of the yoke (Paragraph 0032, Left and right air passageways 154 are formed within the frame 140 and extend from the respirator port 144, which defines an inlet to the passageways 154, to outlets 156 on the interior side of the frame 140 to deliver air or other breathable gas to the user).
Regarding Claim 10, Zhang discloses all of the limitations of Claim 1. Teetzel further discloses: wherein the yoke comprises an outwardly extending spigot defining the air inlet (Paragraph 0032, Left and right air passageways 154 are formed within the frame 140 and extend from the respirator port 144, which defines an inlet to the passageways 154, to outlets 156 on the interior side of the frame 140 to deliver air or other breathable gas to the user), the outwardly extending spigot being configured for engagement with a filter (Figure 6, Paragraph 0032, The frame 140 includes an exhaust port 142 on the front portion and a respirator port 144 on the rear portion. In the preferred embodiment, the respirator port 144 is configured to removably attach to a breathing hose 152 of a breathing system 150, which may be a self-contained breathing apparatus (SCBA), powered air-purifying respirator (PAPR), or a combined SCBA and PAPR device. The breathing hose 152 includes a connector 158 for removable attachment of the breathing hose to the respirator port 144. It will be recognized, however, that in alternative embodiments, the respirator port 144 could be configured to be removably attached to a breathing filter or canister, wherein negative pressure produced by inhalation is used to draw air through the filter).
It is well-known in the art of powered blowers to implement filtration systems to provide a user with a clean air system. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate a detachable filtration system into the cooling assembly taught by Zhang.
Claim 19 is rejected under 35 U.S.C. 103 as unpatentable over Zhang (US 20110289954 A1) in view of Pavalarajan (US 10687568), further in view of Reshef (EP 1458448 A1).
Regarding Claim 19, Zhang discloses all of the limitations of Claim 17.
Zhang discloses a hood and a poncho (Paragraph 0026, The support when resting on the shoulders of a user positions the vents so that a drape 56 of a protective hood 58 falls over and beyond the vents. Air exiting the vents is confined by the drape and forced into open space between the hood and the user's neck and head), but does not provide specific structural details regarding the assembly.
Pavalarajan does disclose
the hood comprises a gathering mechanism configured to gather the poncho around the user's neck (Figure 44, Column 17, lines 34-38, The hood structure 3302 can include a surgical garment 3302 for covering at least the head and shoulders of a user. The surgical garment 3302 can have ties 3312 for tightening the surgical garment around the neck of a user.)
and/or the head portion comprises a transparent portion (A face shield that is transparent and coupleable to at least the brow bar portion by one or more of a hook and loop fastener and a post protruding from the brow bar portion)
and/or the poncho comprises a flexible impermeable membrane (Column 19, lines 13-20, The surgical garment 3900 can include impermeable Association for the Advancement of Medical Instrumentation (AAMI) level 4 poly-reinforced fabric 3902 in the critical areas (potentially high contact with medical waste), breathable AAMI level 2 fabric 3904 in the non-critical areas where contact with medical waste is less likely, and breathable sleeves having a non-slip film 3906 applied thereto),
It would have been obvious to one skilled in the art before the effective filing date to modify the broadly claimed hood and protective drape disclosed by Zhang to specifically include a gathering mechanism to provide an additional degree of security for the user wearing the apparatus. The additional material choice of the poncho is a well-known modification in the art of respiratory devices and protective apparel.
Zhang in view of Pavalarajan do not specifically disclose what material the head portion is made from or whether the hood comprises a one-way exhaust valve.
Reshef does disclose:
and/or the head portion is made from a gas-impermeable material (Paragraph 0021, Referring first to Fig. 1, a respirator hood, generally designated 10, is shown which comprises a hood 12, made of a flexible, gas and liquid-impermeable material and a gas treatment unit 14 attached to the hood 12. The hood 12 includes a visor 16, also made of a flexible, gas-impermeable material, positioned adjacent to the eyes of a user 18)
and/or the hood comprises a one-way exhaust valve configured to vent air from an interior side of the hood to an exterior side of the hood, and optionally wherein the one-way exhaust valve is positioned at the top of the hood (Paragraph 0023, .A one-way purge valve 24 is integrated into the hood 12 to facilitate the exhaust of perspiration and exhalation gases such as carbon dioxide and moisture from the hood 12 while not allowing the entrance therethrough of outside gases. The one-way purge valve may be any suitable valve, outlet, or flow device, permitting the flow of gases, vapors or moisture in one direction only).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Reshef with Zhang in view of Pavalarajan to provide a specific protective material for the hood portion, and to additionally provide an art-recognized means of releasing exhalation gases.
Claim 36 is rejected under 35 U.S.C. 103 as unpatentable over Zhang (US 20110289954 A1) in view of Reshef (EP 1458448 A1).
Regarding Claim 36, Zhang discloses: A hood (Figures 7-9, protective hood 58) for a powered air purifying respirator,
the hood comprising: a head portion configured to receive a user's head (Paragraph 0026, The support when resting on the shoulder's of a user positions the vents so that a drape 56 of a protective hood 58 falls over and beyond the vents. Air exiting the vents is confined by the drape and forced into open space between the hood and the user's neck and head),
wherein the hood is configured to receive a yoke of a powered air purifying respirator (Paragraph 0001, The present invention concerns a shoulder mounted hood cooling assembly. The assembly includes a blower support and a blower unit. The blower support includes shoulder mounts which rest on the shoulder of a user),
Zhang does not explicitly disclose engagement portions to attach the hood to the yoke or a one-way exhaust valve
Reshef does disclose
and a one-way exhaust valve configured to vent air from an internal environment of the hood to an environment external to the hood (Paragraph 0023, .A one-way purge valve 24 is integrated into the hood 12 to facilitate the exhaust of perspiration and exhalation gases such as carbon dioxide and moisture from the hood 12 while not allowing the entrance therethrough of outside gases. The one-way purge valve may be any suitable valve, outlet, or flow device, permitting the flow of gases, vapors or moisture in one direction only);
optionally further comprising an engagement portion configured engage a corresponding formation of the yoke of the powered air purifying respirator to attach the hood to the yoke (Figure 5, Paragraph 0029, the hood 12 is fastened to the gas treatment unit 14 between the fitting 64 and a fitting 65)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Reshef with Zhang to provide a specific attachment fittings between the hood and the yoke and to additionally provide an art-recognized means of releasing exhalation gases.
Claim 38 is rejected under 35 U.S.C. 103 as unpatentable over Zhang (US 20110289954 A1) in view of Reshef (EP 1458448 A1), further in view of Pavalarajan (US 10687568).
Regarding Claim 38, Zhang in view of Reshef discloses all of the limitations of Claim 36. Zhang further discloses: further comprising a poncho configured to be tucked underneath the yoke of the powered air purifying respirator between the yoke and the user's body (Paragraph 0026, The support when resting on the shoulder's of a user positions the vents so that a drape 56 of a protective hood 58 falls over and beyond the vents. Air exiting the vents is confined by the drape and forced into open space between the hood and the user's neck and head).
Zhang in view of Reshef does not disclose a gathering mechanism for the poncho.
Pavalarajan does disclose: optionally further comprising a gathering mechanism configured to gather the poncho around the user's neck (Figure 44, Column 17, lines 34-38, The hood structure 3302 can include a surgical garment 3302 for covering at least the head and shoulders of a user. The surgical garment 3302 can have ties 3312 for tightening the surgical garment around the neck of a user).
It would have been obvious to one skilled in the art before the effective filing date to modify the broadly claimed hood and protective drape disclosed by Zhang to specifically include a gathering mechanism to provide an additional degree of security for the user wearing the apparatus. The drawstrings are a well-known feature in the art of protective apparel.
Claims 1 and 30 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Tulin et al. (WO 2015140776 A1, hereinafter “Tulin”)
Regarding Claim 1, Tulin discloses: A powered air purifying respirator (Page 2, lines 18-20, the present invention pertains to air purification devices, particularly customized for personal use. In particular, a customized air purification device may be a wearable device) comprising:
a yoke defining an air inlet and an air outlet fluidly connected via an air flow passage (Pages 6-7, lines 28-2, Figs. 2A-2B display top perspective views of the neck-worn air purification device (1), showing the two outlets (2a), (2b) and the U-shaped body (3). Fig. 2C is a rear view of the device (1), displaying the inlets (4) in the back, through which surrounding air enters the body (3), processed and expelled as purified air through the outlets (2a), (2b));
and a pump (Figure 4, blowers 9a, 9b) disposed within an interior of the yoke and configured to pump air from the air inlet to the air outlet via the air flow passage (Page 8, lines 25-30, mechanism functions to draw air from the environment through the inlet (elements 4a, 4b) of the device, past the elements required for air purification and out through the outlets (elements 2a, 2b) towards the user […] A push mechanism seems energetically preferable using blowers (9a, 9b). However, a pull mechanism may better suit design constraints of the device, also using blowers (9a, 9b). An alternative mechanism may use multiple blowers before and after the filtration mechanism);
wherein the yoke is shaped to fit around a user's neck and be supported by the user's shoulders (Page 2, lines 22-25, the air purification device may be wearable around a user's neck, on his or her head or any combination thereof. Other options of wearing the device that streams purified air to a user’s body, in particular to air exchanging organs, may be contemplated within the scope of the present invention)
Regarding Claim 30, Tulin discloses all of the limitations of Claim 1. Tulin further discloses: further comprising a flowrate meter configured to measure a flowrate of air passing through the air flow passage (Page 16, lines 1-7, the sensing mechanism is based on pressure and/or air quality sensors before and/or after the filter to measure airflow and determine when the filters need to be changed. For example: Sensors may measure the difference in air quality before and after the filter and compare to a performance range for the filter to determine whether it is functioning correctly - The device may also sense and account for air flow through the filter measured before, the sensors would sense the rebounding of particulates from the filter)
Claims 31 and 33 are rejected under 35 U.S.C. 103 as unpatentable over Tulin (WO 2015140776 A1) in view of Redd et al. (US 7159533 B1, hereinafter “Redd”)
Regarding Claim 31, Tulin discloses all of the limitations of Claim 30. However, Tulin does not explicitly disclose a baffle configured to move in response to incident air flowing through the air flow passage
Redd does disclose: wherein the flowrate meter comprises a baffle disposed within the air flow passage (Column 4, lines 63-67, The flow indicator has a housing 100 that forms a chamber through which the gas flows. The housing has at least one transparent surface 110 so that the interior chamber formed by the housing can be viewed from without the flow indicator), the baffle being configured to move in response to incident air flowing through the air flow passage, optionally wherein the flowrate meter comprises a spring configured to urge the baffle towards a position indicative of low flow through the air flow passage (Column 5, lines 40-45, A rotatable member 140 for producing a visible signal indicating the flow of gas through the housing is enclosed within housing 100 and is visible from without the housing through the transparent surface 110 of the housing. The rotatable member has at least one surface upon which gas passing through the chamber impinges)
It would have been obvious to one skilled in the art before the effective filing date to modify Tulin’s system to incorporate a flowrate indicator apparatus, such as the one taught by Redd to provide a visual means of assessing the flow through the device. Additionally, Redd discloses adjusting and retrofitting the flowrate indicator as needed to adapt to other gas delivery systems (Column 5, lines 37-39, From the present disclosure, other functionally equivalent means of retrofitting the invention to existing gas delivery systems will be obvious to those skilled in the art).
Regarding Claim 33, Tulin discloses all of the limitations of Claim 30. Tulin further discloses: wherein the flowrate meter comprises an indicator configured to display an indication of the flowrate of the air passing through the air flow passage to a user, optionally wherein the indicator is positioned at a front portion of the yoke (Column 5, lines 40-45, A rotatable member 140 for producing a visible signal indicating the flow of gas through the housing is enclosed within housing 100 and is visible from without the housing through the transparent surface 110 of the housing. The rotatable member has at least one surface upon which gas passing through the chamber impinges).
It would have been obvious to one skilled in the art before the effective filing date to modify Tulin’s system to incorporate a flowrate indicator apparatus, such as the one taught by Redd to provide a visual means of assessing the flow through the device. Additionally, Redd discloses adjusting and retrofitting the flowrate indicator as needed to adapt to other gas delivery systems (Column 5, lines 37-39, From the present disclosure, other functionally equivalent means of retrofitting the invention to existing gas delivery systems will be obvious to those skilled in the art).
Claim 35 is rejected under 35 U.S.C. 103 as unpatentable over Tulin (WO 2015140776 A1) in view of Dashevsky et al. (US 10561863 B1, hereinafter “Dashevsky”).
Regarding Claim 35, Tulin discloses all of the limitations of Claim 30. Tulin does not explicitly disclose the apparatus including a one-way valve.
Dashevsky does disclose: a one-way valve positioned downstream of the flowrate meter (Column 47, lines 36-45, The sensor, again, may be any one of a variety of sensors, including but not limited to oxygen sensors, temperature sensors, carbon dioxide sensors, volatile organic compound sensors, hydrocarbon sensors, pressure sensors, flow sensors, accelerometers, gyroscopes, microphones, electrodes, and the like, or any combination thereof. Also, the sensors may be sufficiently miniaturized to fit into a single housing, or may be attached in series allowing the gas to flow over or through each sensor in turn as it passes from the breathing tube 40 into the breathing mask 10), the one-way valve being configured to permit flow from the flowrate meter to the air outlet and being configured to prevent flow from the air flow outlet to the flowrate meter (Column 47, lines 46-51, As the breathing mix of gases passes over the inhaled gas sensor(s) (not shown), it enters the mask 10 where it is inhaled by the subject. A check valve (not shown) stops the flow of air and prevents the subject's exhaled breath from returning through the inhaled gas sensor (not shown) and into the breathing tube 40 against the pressurized flow)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the check valve system taught by Dashevsky with the air purifier apparatus disclosed by Tulin, as the valve would serve to prevent any unwanted flow of gas through incorrect channels. Furthermore, it allows for the flow rate meter to more accurately assess the inhalation or exhalation flow accordingly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Fu (US 20200406069 A1) discloses a modular respirator with filters and one-way valves between inlets and outlets
Matusik (US 10307558 B2) discloses a spring-biased flow indicator for a gas delivery system
Graham et al. (WO 2021050950 A1) discloses a portable respirator device that measures and analyzes a user’s respiratory data
Lee et al. (US 20040216736 A1) discloses a respirator hood with an air chamber connected to an air supply
Bacinska et al. (US 20190104796 A1) discloses an adjustable and removeable shroud assembly to be used with hood interfaces
Virr et al. (US 20150314144 A1) discloses a wearable, filtered breathing apparatus that includes a flow generator to provide air to a user
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL ZAHRA HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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/MISHAL ZAHRA HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785