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 .
Status of the Claims
This Office Action is in responsive to the preliminary amendment filed on 2/21/2023. As directed by the Preliminary amendment, claim 14 was amended, and claim 15 has been added. Thus, claims 1-15 are currently pending in this application.
Drawings
The drawings are objected to because:
Fig. 1 is an exploded view, so the separated parts should be embraced by a bracket (see MPEP 608.02(V)(h)(1))
Figs. 1-3 contain improper shading (see MPEP 608.02(V)(m))
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 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, the limitation “an oxygen supply device” in line 5 is confusing, as it is unclear whether it is meant to be the same as or different from “an oxygen supply device” in line 1. For the purposes of examination, they will be interpreted as the same limitation.
Claim 13 recites the limitations "the sealing member" in line 3, “the pressure-reducing spring” in lines 3-4, and “the orifice” in line 4. There is insufficient antecedent basis for these limitations in the claim.
Any remaining claims are rejected based on their dependency on a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elstran et al. (US 5,592,935).
Regarding claim 1, as best understood, Elstran discloses a mask using an oxygen supply device (respirator system with a positive pressure air source 38) (Fig. 1; abstract; col. 3, lines 65-66), the mask comprising:
a purification cartridge which purifies air for breathing (filter cartridges 32, 34 fluidly coupled to the inhalation port 62 on a face mask 26, thereby providing filtered air the be inhaled) (Figs. 1-2, 4-5; col. 5, lines 33-36);
a mask part which introduces and discharges the air purified via the purification cartridge (face mask 26 gets filtered air from the filter cartridges 32, 34, wherein the filtered air is introduced at the inhalation port 62 and discharged at exhaust port 28) (Figs. 1-2, 4-5; col. 5, lines 33-36; col. 6, lines 42-46);
a connector which fastens together the purification cartridge and the mask part (positive/negative air pressure adapters 22, 24 fasten together the filter cartridges 32, 34 and the face mask 26) (Figs. 1-5; col. 3, lines 54-64);
and an oxygen supply device which supplies oxygen through an oxygen hose connected to the connector (positive pressure air source 38 supplies air through air line 36 connected to adapters 22, 24) (Figs. 1-5; abstract; col. 3, lines 64-66).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Elstran as applied to claim 1 above, and further in view of Kim (KR 20120006001 U, see attached translation).
Regarding claim 2, Elstran discloses the invention as previously claimed, including the connector has a hose connection part to which the oxygen hose is connected on one side of the body (positive/negative air pressure adapters 22, 24 have a part that directly connects to air line 36 on one side of their respective bodies) (Elstran; Figs. 1-5; col. 3, lines 64-66), but does not disclose wherein the connector is provided with fastening portions at predetermined intervals on an inner circumferential surface of an upper end of a body thereof, wherein each fastening portion comprises: a locking jaw that restricts a rotation of a coupling protrusion of the mask part when the coupling protrusion rotates; and a stopper formed to protrude from one end of a lower end of the locking jaw to limit the rotation of the coupling protrusion of the mask part.
However, Kim teaches a mask connector (Kim; see translation, abstract) wherein the connector is provided with fastening portions at predetermined intervals on an inner circumferential surface of an upper end of a body thereof (protrusion 110 has locking jaws 120 at equal intervals on its inner circumferential surface at the upper end of the protrusion 110 body) (Kim; Figs. 2-6; see translation, page 3 second paragraph), wherein each fastening portion comprises: a locking jaw that restricts a rotation of a coupling protrusion of the mask part when the coupling protrusion rotates (each locking jaw 120 has a main body excluding a stopper 124, the main body having a fitting hole 122 to block the further rotation of the locking projection 13 of the mask 10) (Kim; Figs. 2-6; see translation, page 3 second and third paragraphs); and a stopper formed to protrude from one end of a lower end of the locking jaw to limit the rotation of the coupling protrusion of the mask part (stopper 124 protruding from one lower side end of the locking jaw 120 main body to restrain rotation of the locking protrusion 13 of mask 10) (Kim; Figs. 2-6; see translation, page 3 second through fourth paragraphs).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Elstran connectors such that wherein the connector is provided with fastening portions at predetermined intervals on an inner circumferential surface of an upper end of a body thereof, wherein each fastening portion comprises: a locking jaw that restricts a rotation of a coupling protrusion of the mask part when the coupling protrusion rotates; and a stopper formed to protrude from one end of a lower end of the locking jaw to limit the rotation of the coupling protrusion of the mask part, as taught by Kim, for the purpose of providing an easy and simple mechanism for fastening the filter to a mask (Kim; see translation, page 2 tenth paragraph).
Regarding claim 3, the modified Elstran teaches wherein the mask part and the connector are combined when three coupling protrusions on a side of the mask part are inserted into three insertion grooves on an upper part of a body of the connector and then rotated, so that the coupling protrusions of the mask part are fixed to fastening portions of the connector (three locking projections 13 on a side of the mask 10 are inserted into three fitting holes 122 on an upper part of the protrusion 110 body and then rotated so that the locking projections 13 are fixed to the main bodies and/or stoppers 124 of the locking jaws 120) (Kim; Figs. 2-6; see translation, page 3 second through fourth paragraphs).
Regarding claim 4, the modified Elstran teaches the invention as previously claimed, but does not disclose wherein the connector and the purification cartridge are fastened when three coupling protrusions on a lower part of a body of the connector are inserted into three insertion grooves of the purification cartridge and then rotated, so that the coupling protrusions of the connector are fixed to fastening portions of the purification cartridge (the filter connector 12 and the purification filter 20 are fastened when the three locking projections 13 on a lower part of the connector 12 body are inserted into three fitting holes 122 on an upper part of the protrusion 110 body of the purification filter 20 and then rotated so that the locking projections 13 are fixed to the main bodies and/or stoppers 124 of the locking jaws 120) (Kim; Figs. 2-6; see translation, page 3 second through fourth paragraphs).
Claims 5-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Elstran as applied to claim 1 above, and further in view of Wormser (US 3,972,346).
Regarding claim 5, Elstran discloses the invention as previously claimed, including wherein the oxygen supply device constantly supplies high-pressure oxygen in an amount that a user is able to breathe (positive pressure air source 38 continuously supplies pressurized air for a user to breath an amount of it, and can be a pressurized vessel) (Elstran; Figs. 1-5; abstract; col. 2, lines 34-39; col. 3, lines 16-20, 64-66), but does not disclose means of a regulator coupled to an oxygen can.
However, Wormser teaches a pressure regulator for a tank of pressurized gas (Wormser; abstract; col. 3, lines 45-48) including means of a regulator coupled to an oxygen can (pressure regulator body 10 threadably coupled to tank of pressurized gas) (Wormser; Fig. 1; col. 3, lines 45-48).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Elstran oxygen supply device to include a regulator coupled to an oxygen can, as taught by Wormser, for the purpose of providing a simple, compact, adjustable, reliable, accurate, safe, and convenient mechanism for pressure regulation (Wormser; col. 1, lines 48-52).
Regarding claim 6, the modified Elstran teaches wherein the regulator comprises: a body part coupled with the oxygen can (pressure regulator body 10 threadably coupled to tank of pressurized gas) (Wormser; Fig. 1; col. 3, lines 45-48); a handle part configured to turn on or off the oxygen supply of the oxygen can (cap 44 which is screwed down to open valve 28 for gas flow) (Wormser; Fig. 1; col. 4, lines 45-52); a pressing plate configured to contact a pin of the oxygen can by rotating the handle part (cap 44 rotates to move the slide 40 down to contact the stem 34 of valve 28) (Wormser; Fig. 1; col. 4, lines 45-52); and a fitting connection part coupled to one side of the body part (outlet 36 coupled to one side of the body 10) (Wormser; Fig. 1; col. 4, lines 45-52).
Regarding claim 7, the modified Elstran teaches wherein the body part has a cylindrical shape with a concave central portion, and is screwed together while surrounding an outer circumferential surface of an upper part of the oxygen can (pressure regulator body 10 is cylindrical with a concave central portion in which slide 40 sits; body 10 is screwed together with outlet 36 and the tank of pressurized gas, such that it surrounds an outer circumferential surface of an upper part of the tank at threaded portion 16) (Wormser; Fig. 1; col. 3, lines 45-51; col. 4, lines 45-52).
Regarding claim 8, the modified Elstran teaches wherein in an opening on a side of the body part, after inserting an orifice, the fitting connection part is screwed (body 10 has a chamber 38 opening on its side, in which outlet 36 is screwed; as outlet 36 receives gas, it must have an opening which would have been inserted into the body 10 right before being screwed in) (Wormser; Fig. 1; col. 4, lines 45-52).
Regarding claim 9, the modified Elstran teaches wherein inside the body part, a sealing member is inserted into a portion in contact with an upper end of the oxygen can to prevent oxygen leakage, wherein the sealing member is fixed with a fixing screw (airtight washer 14 is inside a portion of body 10 in contact with an upper end of the nipple 18 of the pressurized gas tank to prevent gas from leaking out, and is fixed in place with the male threaded portion 16 of nipple 18) (Wormser; Fig. 1; col. 3, lines 45-58).
Regarding claim 10, the modified Elstran teaches wherein the handle part is coupled with threads on an upper outer circumferential surface of the body part, and always rotates by a certain amount due to a set screw (cap 44 is coupled via male threaded portion 46 on an upper outer circumferential surface of the body 10; the body 10 portion with the male threaded portion 46 is a set screw, and so the cap 44 would always be able to rotate a certain amount onto and off of the threaded portion 46 as functionally claimed) (Wormser; Fig. 1; col. 4, lines 15-17, 45-52).
Regarding claim 11, the modified Elstran teaches wherein when the handle part is rotated left and right, the pressing plate inside the body part moves up and down, making contact with or not contacting the pin of the oxygen can, so that an oxygen supply is turned on or off (cap 44 rotates left and right to move the slide 40 up and down to contact or not contact the stem 34 of valve 28, to supply and cut off the gas) (Wormser; Fig. 1; col. 4, lines 45-52; col. 5, lines 13-27).
Regarding claim 13, as best understood, the modified Elstran teaches wherein oxygen supplied by means of the pin of the oxygen can is stored in an oxygen tank located between the pressing plate and the sealing member inside the body part, is depressurized by means of the pressure-reducing spring and the orifice, and is discharged to the fitting connection part (oxygen supplied by stem 34 is stored in chamber 32 between the slide 40 and washer 14 in the body 10; chamber 32 is depressurized by the spring 42 and the opening through outlet 36 by providing space for the pressurized gas to expand and escape via the opening through outlet 36, as well as by using the spring 42 to close the stem 42 such that the pressurized oxygen flow stops; oxygen is discharged to outlet 36) (Wormser; Fig. 1; col. 4, lines 45-52; col. 5, lines 13-27).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Elstran in view of Wormser as applied to claim 6 above, and further in view of Morgan et al. (US 5,911,220).
Regarding claim 12, the modified Elstran teaches the invention as previously claimed, but does not teach wherein when a gap adjustment part coupled with threads on an inner surface of the handle part is adjusted up and down using a gap adjustment screw, the pressing plate moves up and down by a pressure-reducing spring to adjust a gap between the oxygen can and the pin.
However, Morgan teaches a regulator for a breathing apparatus (Morgan; abstract) including wherein when a gap adjustment part coupled with threads on an inner surface of the handle part is adjusted up and down using a gap adjustment screw, the pressing plate moves up and down by a pressure-reducing spring to adjust a gap between the oxygen can and the pin (adjusting screw 166 coupled with threads on an inner surface on the cap 162 can be screwed up and down using its corresponding threads to increase or decrease the pressure on the spring 158; the spring 158 acts on the diaphragm 152 which acts on the pin 143 which acts on stem 122, thereby causing the pin 143 to move up and down in cavity 130, and so would change the size of cavity 130 between the tank 30 and stem 122) (Morgan; Fig. 1; col. 5, lines 17-27, 54-67; col. 6, lines 1-6; col. 7, lines 55-60).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Elstran device to include a gap adjustment part coupled with threads on an inner surface of the handle part is adjusted up and down using a gap adjustment screw, the pressing plate moves up and down by a pressure-reducing spring to adjust a gap between the oxygen can and the pin, as taught by Morgan, for the purpose of providing a mechanism to allow for the pressure on the spring to be adjusted (Morgan; col. 5, lines 66-67; col. 6, lines 1-6).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Elstran in view of Wormser as applied to claims 8 and 13 above, and further in view of Izuchukwu et al. (ES 2262661 T3, see attached translation).
Regarding claims 14-15, the modified Elstran teaches the invention as previously claimed, but does not teach wherein the orifice is formed with a central hole having a diameter of 0.05 mm to 0.1 mm.
However, Izuchukwu teaches a fluid transfer control valve for a pressure vessel (Izuchukwu; see translation, abstract) wherein the orifice is formed with a central hole having a diameter of 0.05 mm to 0.1 mm (preferred output channel 320 diameter is 0.076-0.254 mm) (Izuchukwu; Fig. 11; see translation, page 11 second paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Elstran orifice such that the orifice is formed with a central hole having a diameter of 0.05 mm to 0.1 mm, as taught by Izuchukwu, for the purpose of ensuring the orifice is sized so as to act as a regulator and reduce fluid pressure (Izuchukwu; Fig. 11; see translation, page 11 second paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE M PINDERSKI whose telephone number is (571)272-7032. The examiner can normally be reached Monday-Friday 7:00-4:00.
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785