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 .
Response to Amendment
This office action is in response to the amendment filed 5/27/2026. As directed by the amendment, claim 1 has been amended. Claims 1-5, 7, 18, 19, 21, 25, 27-32, 36, 37, 39 and 41 are pending in the instant application, wherein claims 25, 27-32, 36, 37 and 39 remain withdrawn in response to restriction.
Response to Arguments
Applicant's arguments filed 5/27/2026 (hereinafter “Remarks”) have been fully considered but they are not persuasive.
On page 9 of Remarks, Applicant affirms that there is no rigid gender-based distinction intended between contacts and terminals but asserts “the cited art does not [teach or suggest the claimed configuration of blower-side and battery-side terminals and adaptor-side contacts, as well as their recited physical and functional relationships].”
The Examine disagrees that the prior art is lacking in this regard. Volmer Fig. 4 clearly discloses a communication adaptor (7) detachably positioned between a battery (10) and a blower (housing 13+housing 3) (paras [0015-16] and [0029-32]), where there are terminals/contacts located at at least the adaptor-blower interface (Volmer para [0029]). Furui teaches that it was well known in the art of modular devices powered by battery packs/to solve the problem of adding communication functionality/modularity to a system with a battery pack before the effective filing date of the claimed invention for a communication adaptor (70’’) (with housing) positioned between a physically and detachably connected battery pack (40) (with housing) and device (tool 10’) (with housing), which is powered by the battery and in communication with the adaptor, to include device-side and battery-side terminals and adaptor-side contacts on the housings as claimed, as well as their recited physical and functional relationships, as discussed in the rejections maintained below. The Examiner asserts that an artisan would have had no problem providing these common physical electrical and communications connections as appropriate in the system of Volmer to provide for the connectivity/functionality taught by Furui, i.e. to allow for the battery to power the blower by way of the intervening (physically connected) adaptor and for both the battery and blower to communicate with the adaptor, in order to provide the predictable results discussed below, i.e. to allow power and communication to be transferred and ensured by/between the modular components and communication enabled with a remote device. Therefore, Applicant’s assertion that the prior art is lacking in this regard is unconvincing.
Applicant argues on page 10 of Remarks that Volmer “does not disclose or suggest [a blower unit comprising a unit housing, a battery pack comprising a pack housing; and an adaptor comprising an adaptor housing physically and detachable connected to the unit housing and the pack housing],” asserting that Volmer’s communication module is “associated with a slot in the blower housing…does not disclose an adaptor housing that is physically and detachably connected to both a blower unit housing and a battery pack,” and arguing that “the rejection does not adequately explain why a person…would have modified Volmer’s slot-mounted communication module architecture to arrive at the presently claimed arrangement…does not explain why a skilled artisan would have specifically reconfigured Volmer’s mounting-slot structure into the claimed dual-housing detachable adaptor structure.”
The Examiner respectfully notes that the rejection is not based on any “reconfiguration” of the mounting-slot structure of Volmer, as there is nothing in the claims that excludes the mounting-slot structure of Volmer. Volmer already discloses a unit housing (housing 3+housing 13) and an adaptor housing (that of module 7, as visible in Fig. 4) physically and detachably connected to the unit housing and the battery (Fig. 4; paras [0015-16] and [0029-31]), because Volmer paras [0015-16] indicates that the battery helps to hold the adaptor in place within the slot, Volmer para [0029] recites that the communication module “may be arranged within the mounting slot 14 in a positive-locking and/or non-positive manner” and Volmer para [0032] explicitly states that “the communication interface module 7 can be easily removed,” i.e. it is physically and detachable connected to both the blower housing and the battery. All that is lacking from Volmer with regards to the claimed invention is that the battery is specifically a battery cell with an associated housing and the physical electrical and communications interfaces between the three components/housings as claimed, which are taught by Furui, as maintained in the rejections below.
Applicant argues on pages 10-11 of Remarks that “Volmer’s communication module is inserted into the blower housing slot and may be covered by the battery…[t]hat is materially different from the presently claimed adaptor housing that is physically and detachably connected to both the blower unit housing and the battery pack housing.”
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As discussed above, Volmer already discloses a unit housing and an adaptor housing physically and detachably connected to the unit housing and a battery, and Furui educates Volmer to include the battery having a housing that is physically and detachably connected to the housing of the adaptor. Therefore, the combination of references arrives at the claimed invention as maintained in the rejections below.
Applicant argues on page 11 of Remarks that “arriving at the presently claimed structure would require…substantial redesign of Volmer’s disclosed architecture…would have to depart from Volmer’s slot-mounted module arrangement and instead provide a distinct adaptor housing detachably connected to two separate housings.”
The Examiner respectfully notes that Volmer already discloses a distinct adaptor housing (see Volmer Fig. 4) detachably connected to two separate components as discussed above and maintained in the rejection below, and Furui teaches providing the battery of Volmer with a housing that is detachably connected to the housing of the adaptor, as maintained in the rejections below. The slot-mounted arrangement of Volmer is unaffected by these modifications, as the adaptor housing of Volmer and the battery housing of modified Volumer (as taught by Furui) are both taught to be located in the slot of Volmer, see Volmer Fig. 4. The instant claims do not recite any limitations regarding a structural arrangement of the three housings that would exclude that the slot-mounted arrangement of Volmer in view of Furui; therefore, the rejections are maintained below.
Applicant argues on page 11 of Remarks that “the rejection of claim 1 is based on improper hindsight.”
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Volmer Fig. 4 discloses a device (blower) housing, a battery and an intervening communications adaptor, and Furui teaches providing physical electrical and communication connections between a device housing, a communications adaptor housing and a battery housing as claimed. This does not utilize a knowledge gleaned only from the application’s disclosure, and provides the predictable results of suitably housed and electrically and communicatively connected components to provide for power and communications transfer between modular components discussed in the rejections maintained below.
Applicant argues on pages 12-13 of Remarks that “Volmer discloses a module inserted into a blower housing slot for communication…through a contact point…materially different from…a distinct adaptor housing that is detachably connected between the blower unit housing and the battery pack housing and carries both electrical contacts and communication contacts for engagement with respective blower-side and battery-side terminals…Furui may disclose an adapter arrangement in a power-tool context…does not provide an adequate explanation as to why a person…would have modified Volmer’s slot-mounted communication module architecture to arrive at the particularly claimed respiratory-device architecture of claim 41.”
The Examiner again notes that the rejections are not based on a modification of Volmer’s slot-mounted architecture. The slot-mounted architecture of Volmer is maintained in modified Volmer; Volmer is simply modified to specifically include a battery pack housing with internal cell and the specific arrangement of electrical and communication contacts/connections/interfaces on/in the adaptor housing as claimed and as taught by Furui.
Applicant argues on page 13 of Remarks that “Claim 41 is not directed merely to a generic adapter providing communication functionality…requires specific dual-sided terminal and contact architecture…one would have to substantially redesign Volmer’s disclosed system by replacing its slot-mounted communication module…while further providing the claimed housing-disposed electrical and communication terminal arrangement on both the blower unit and the battery pack…[s]uch a modification is not supported by the cited references and appears to be based on hindsight reconstruction.”
The Examiner disagrees that any “substantial redesign” of Volmer is required by the proposed modifications discussed in the rejections maintained below. The slot-mounted communication module of Volmer is not replaced in modified Volmer; Volmer is simply modified to specifically include a battery pack housing with internal cell, and the specific, dual-sided arrangement of electrical and communication contacts/ connections/interfaces provided as claimed on/in the (existing) adaptor housing as taught by Furui. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Volmer Fig. 4 discloses a device (blower) housing, a battery and an intervening communications adaptor, and Furui teaches providing physical electrical and communication connections between a device housing, a communications adaptor housing and a battery housing as claimed. This does not utilize a knowledge gleaned only from the application’s disclosure, and provides the predictable results of suitably housed and electrically and communicatively connected components to provide for power and communications transfer between modular components discussed in the rejections maintained below.
Applicant argues on page 13 of Remarks that “claim 41 is narrower and more structurally specific than claim 1, and that the additional limitations of claim 41 further underscore the lack of teaching or suggestion in the cited art…the Office Action has not established that a person of ordinary skill in the art would have imported Furui’s power-tool adapter architecture into Volmer’s respiratory blower system in the particular manner required by claim 41.” The Examiner respectfully notes that the only differences between claim 1 and claim 41 are the specifications that the blower be “for powering the blower unit,” that the cell is “disposed in the pack housing” and the battery terminals are “disposed on the packing housing,” in addition to the first two limitations of claim 2, and that the exchange of data is explicitly between an external device and “at least one of the blower unit and the battery pack.” Volmer already discloses the battery being for powering the blower unit, and Furui’s teaching of an arrangement of a battery cell and contacts/terminals/ interfaces for a communications module housing that is physically and detachably connectable between the housing of a battery-powered device and the housing of an associated battery-cell-containing pack is applicable regardless of the nature of the device. Applicant has provided no objective evidence to rebut the Examiner’s position that an artisan would have been able to translate the dual-sided physical electrical and communications connectivity taught by Furui to Volmer to provide the predictable results of power and communications transfer between modular components discussed in the rejections maintained below; therefore, the rejection of claim 41 is maintained below.
Applicant argues on page 14 of Remarks that “Volmer also does not disclose separate adaptor-side first and second communications contacts respectively engage with battery-side and blower-side communication terminals, as required by claim 2…the Office Action does not adequately explain why a skilled artisan would have modified Volmer’s slot-mounted respiratory-device module architecture to provide the claimed first and second communication contacts on an adaptor housing as now recited…relies on hindsight reconstruction and does not establish a prima facie case of obviousness for claim 2.”
The Examiner disagrees that an adequate explanation was not provided or that a prima facie case for obviousness was not established. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Furui educates Volmer to include the contested limitations, as discussed in the rejections of claim 1-2 and 41 maintained below. First and second communication contacts as claimed and as taught by Furui would have been obvious to an artisan before the effective filing date of the claimed invention in order to provide the predictable results of allowing modular communication between the blower, battery and an external device (by way of the communication interface module) (e.g. the alarming and informing unit 17 of Volmer, see Volmer Fig. 4 and para [0031]), so as to allow the external device to send and receive data to the blower and battery for effective and/or efficient operation of the blower (e.g. instructing lower blower speeds when battery power is low) and/or in order to keep the operator informed regarding the operating status of the blower and/or battery (Volmer para [0032]; Furui para [0122]). This motivation is obvious in view of the explicit teachings of the prior art as well as general knowledge as to relevant information for exchange within respiratory devices. As such, Applicant’s arguments are unfounded and unconvincing, and the rejections in view of the prior art are maintained below.
Applicant does not separately argue the remaining dependent claims on pages 14-15 of Remarks; the Examiner refers to her responses above.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 6 should read “to the at least one electrochemical cell” for clearer antecedent basis
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4, 5, 7, 21 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Volmer et al. (US 2014/0060542 A1; hereinafter “Volmer”) in view of Furui et al. (US 2019/0334357 A1; hereinafter “Furui”).
Regarding claim 1, Volmer discloses a breathing apparatus (comprising blower filter device 1) (Figs. 1-4) comprising:
a blower unit comprising a unit housing (housing 3+housing 13), a blower (fan wheel 4 and motor 5);
a battery pack (battery 10) comprising at least one electrochemical cell (that of the battery); and
an adaptor (communication interface module 7) comprising:
an adaptor housing (that of module 7) physically and detachably connected to the unit housing and the battery pack (Fig. 4; paras [0015-16] and [0029-32]).
While Volmer teaches that the adaptor provides modular communication functionality to the system (paras [0029] and [0032]), Volmer is silent regarding the components of the battery and the specific structural connections between/within the adaptor and the blower/battery pack, such that Volmer is silent regarding the blower unit comprising at least one blower electrical terminal electrically connected to the blower and at least one blower communication terminal communicably coupled to the blower;
the battery pack comprising a pack housing, at least one battery electrical terminal electrically connected to the electrochemical cell and at least one battery communication terminal communicably coupled to the at least one electrochemical cell;
and the adaptor comprising at least one first electrical contact disposed on the adaptor housing and electrically connected with the at least one battery electrical terminal of the battery pack;
at least one second electrical contact disposed on the adaptor housing and electrically connected with the at least one blower electrical terminal of the blower unit;
at least one electrical connection disposed in the adaptor housing and electrically connecting the at least one first electrical contact and the at least one second electrical contact, such that the blower is electrically coupled to the at least one electrochemical cell; and
at least one communication interface associated with the adaptor housing and communicably coupled to the at least one blower communication terminal and the at least one battery communication terminal, the at least one communication interface configured to exchange data with an external device.
However, Furui teaches that it was well known in the art of modular devices powered by battery packs/to solve the problem of adding communication functionality/ modularity to a system with a battery pack before the effective filing date of the claimed invention to include a battery-powered-device (cordless power tool 10’) (Fig. 3A) comprising at least one battery-powered-device electrical terminal (battery terminals 22) electrically connected to the (motor of the) battery-powered-device and at least one battery-powered-device communication terminal (communication terminal 24) communicably coupled to the (controller of the) battery-powered-device (Fig. 3A; paras [0241-243]);
a battery pack (battery pack 40) comprising a pack housing (that of the battery pack, see Figs. 3A and Fig. 3C), at least one battery electrical terminal (battery terminals 52) electrically connected to the electrochemical cell (battery cell 50) (paras [0187] and [0219]) and at least one battery communication terminal (communication terminal 54) communicably coupled to the at least one electrochemical cell (Fig. 3A; paras [0219] and [0242]);
and an adaptor (adaptor 70”) comprising at least one first electrical contact (left terminals 82) disposed on the adaptor housing and electrically connected with the at least one battery electrical terminal of the battery pack (Fig. 3A; para [0243] in view of e.g. Figs. 3C and 11-12 and paras [0188] and [0204-205], which teach electrical terminals that are electrical contacts);
at least one second electrical contact (right terminals 82) disposed on the adaptor housing and electrically connected with the at least one battery-powered-device electrical terminal of the battery-powered-device (Fig. 3A; para [0243] in view of e.g. Figs. 3C and 11-12 and paras [0188] and [0204-205], which teach electrical terminals that are electrical contacts);
at least one electrical connection disposed in the adaptor housing and electrically connecting the at least one first electrical contact and the at least one second electrical contact (the electrical connections in adaptor 70” that are coupled between the left and right terminals 82), such that the battery-powered-device is electrically coupled to the at least one electrochemical cell (Fig. 3A; para [0243]); and
at least one communication interface (communicator 78) associated with the adaptor housing (Fig. 3A) and communicably coupled to the at least one battery-powered-device communication terminal and the at least one battery communication terminal (Fig. 3A; adaptor 70” may communicate with one or both of the battery pack 40 and the power tool 10’, para [0242]), the at least one communication interface configured to exchange data with an external device (external device 100) (Fig. 3A; the external device communicates with the adaptor 70”, para [0242]; the external device is capable of processing and/or analyzing data received from the adaptor, as well as generating data and/or instructions to be transmitted to the battery pack and/or power tool via the adaptor, para [0122]).
Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify the modular apparatus of Volmer to include the blower unit comprising at least one blower electrical terminal electrically connected to the blower and at least one blower communication terminal communicably coupled to the blower; the battery pack comprising a pack housing, at least one battery electrical terminal electrically connected to the electrochemical cell and at least one battery communication terminal communicably coupled to the at least one electrochemical cell; and the adaptor comprising at least one first electrical contact disposed on the adaptor housing and electrically connected with the at least one battery electrical terminal of the battery pack; at least one second electrical contact disposed on the adaptor housing and electrically connected with the at least one blower electrical terminal of the blower unit; at least one electrical connection disposed in the adaptor housing and electrically connecting the at least one first electrical contact and the at least one second electrical contact, such that the blower is electrically coupled to the at least one electrochemical cell; and at least one communication interface associated with the adaptor housing and communicably coupled to the at least one blower communication terminal and the at least one battery communication terminal, the at least one communication interface configured to exchange data with an external device as taught by Furui, in order to utilize well-known modular communication adaptor structure to predictably provide power from the battery to the battery-powered blower (by way of the intervening communication interface module) (Volmer Fig. 4 in view of Furui para [0243]) and modular communication between the blower, battery and an external device (by way of the communication interface module) (e.g. the alarming and informing unit 17 of Volmer, see Volmer Fig. 4 and para [0031]), so as to allow the external device to send and receive data to the blower and battery for effective and/or efficient operation of the blower (e.g. instructing lower blower speeds when battery power is low) and/or in order to keep the operator informed regarding the operating status of the blower and/or battery (Volmer para [0032]; Furui para [0122]).
Regarding claim 2, Volmer in view of Furui teaches the breathing apparatus of claim 1, wherein Furui further educates modified Volmer to include wherein the adaptor (70”) (Furui Fig. 3A) further comprises:
at least one first communication contact (left communication terminal 74) disposed on the adaptor housing and engaged with the at least one battery communication terminal (Furui Fig. 3A; para [0243] in view of e.g. Figs. 3C and 11-12 and para [0305], which teach communication terminals that are contacts); and
at least one second communication contact (right communication terminal 74) disposed on the adaptor housing and engaged with the at least one blower/battery-powered device communication terminal (Furui Fig. 3A; para [0243] in view of e.g. Figs. 3C and 11-12 and para [0305], which teach communication terminals that are contacts);
wherein the at least one communication interface is communicably coupled to the at least one first communication contact and the at least one second communication contact (Furui Fig. 3A; paras [0241-242]), in order to utilize standard materials (contacts) to provide the communication functionality between the adaptor, battery pack and blower/battery-powered device discussed above regarding claim 1.
Regarding claim 4, Volmer in view of Furui teaches the breathing apparatus of claim 1, wherein Furui further educates modified Volmer to include wherein the adaptor (70”) further comprises a memory (memory 76) disposed within the adaptor housing and communicably coupled to the at least one communication interface, the memory configured to store data received from the at least one communication interface (Furui Fig. 3A; paras [0220], [0223], [0230-231]), in order to predictably provide the ability to store information to aid in the breathing apparatus operations discussed above regarding claim 1.
Regarding claim 5, Volmer in view of Furui teaches the breathing apparatus of claim 1, wherein Volmer further discloses and Furui further educates modified Volmer to include wherein the at least one communication interface comprises a wireless interface for transmitting data to the external device (Volmer para [0013]; Furui Fig. 3A; paras [012122], [0125], [0224], [0240-242]), in order to predictably provide for wire-free and thus less physically encumbered communication with the external device.
Regarding claim 7, Volmer in view of Furui teaches the breathing apparatus of claim 1, wherein Furui further educates modified Volmer to include wherein the adaptor (70”) further comprises a processor (controller 72) disposed within the adaptor housing and communicably coupled to the at least one communication interface, the processor configured to exchange data with the at least one communication interface (Furui Fig. 3A; paras [0222] and [0240-244]), in order to predictably provide well-known controlling/processing means to perform the breathing apparatus operations discussed above regarding claim 1.
Regarding claim 21, Volmer in view of Furui teaches the breathing apparatus of claim 1, wherein Volmer further discloses/suggests and Furui further educates modified Volmer to include wherein the adaptor further comprises a user interface (Volmer alarming and informing unit 17; Furui display 80 and/or 104) communicably coupled to the at least one communication interface, the user interface configured to output or more operational settings of the breathing apparatus (Volmer Fig. 4, para [0031]; Furui Fig. 3A and e.g. Fig. 19, paras [0031-32], [0053-56], [0121-124], [0167], [0177-179], [0226]), in order to provide the predictable result of a known means by which to keep the user informed of and/or allow them to control/adjust the operational status/settings of the apparatus.
Regarding claim 41, Volmer discloses a breathing apparatus (comprising blower filter device 1) (Figs. 1-4) comprising:
a blower unit comprising a unit housing (housing 3+housing 13), a blower (fan wheel 4 in fan housing 3 and motor 5);
a battery pack (battery 10) for powering the blower unit (para [0031]); and
an adaptor (communication interface module 7) comprising:
an adaptor housing (that of module 7) physically and detachably connected to the unit housing and the battery pack (Fig. 4; paras [0029-32]).
While Volmer teaches that the adaptor provides modular communication functionality to the system (paras [0029] and [0032]), Volmer is silent regarding the specific structural connections between/within the adaptor and the blower/battery pack, such that Volmer is silent regarding the blower unit comprising at least one blower electrical terminal disposed on the unit housing and electrically connected to the blower and at least one blower communication terminal disposed on the unit housing and communicably coupled to the blower;
the battery pack comprising a pack housing, at least one electrochemical cell disposed in the pack housing, at least one battery electrical terminal disposed on the pack housing and electrically connected to the at least one electrochemical cell, and at least one battery communication terminal disposed on the pack housing and communicably coupled to the at least one electrochemical cell;
and the adaptor comprising at least one first electrical contact disposed on the adaptor housing and electrically connected with the at least one battery electrical terminal of the battery pack;
at least one second electrical contact disposed on the adaptor housing and electrically connected with the at least one blower electrical terminal of the blower unit;
at least one electrical connection disposed in the adaptor housing and electrically connecting the at least one first electrical contact and the at least one second electrical contact, such that the blower is electrically coupled to the at least one electrochemical cell;
at least one first communication contact disposed on the adaptor housing and engaged with the at least one battery communication terminal;
at least one second communication contact disposed on the adaptor housing and engaged with the at least one blower communication terminal; and
at least one communication interface associated with the adaptor housing and communicably coupled to the at least one first communication contact and the at least one second communication contact, wherein the at least one communication interface is configured to allow exchange of data between an external device and at least one of the blower unit and the battery pack.
However, Furui teaches that it was well known in the art of modular devices powered by battery packs/to solve the problem of adding communication functionality/ modularity to a system with a battery pack before the effective filing date of the claimed invention to include a battery-powered-device (cordless power tool 10’) (Fig. 3A) comprising a unit housing (housing 32), at least one battery-powered-device electrical terminal (battery terminals 22) disposed on the unit housing and electrically connected to the (motor of the) battery-powered-device and at least one battery-powered-device communication terminal (communication terminal 24) disposed on the unit housing and communicably coupled to the (controller of the) battery-powered-device (Fig. 3A; paras [0242-243]);
a battery pack (battery pack 40) comprising a pack housing (that of the battery pack, see Figs. 3A and Fig. 3C), at least one electrochemical cell (battery cell 50) (paras [0187] and [0219]) disposed in the pack housing (Fig. 3A), at least one battery electrical terminal (battery terminals 52) disposed on the pack housing and electrically connected to the electrochemical cell (Fig. 3A; paras [0187] and [0219]), and at least one battery communication terminal (communication terminal 54) disposed on the pack housing and communicably coupled to the at least one electrochemical cell (Fig. 3A; paras [0219] and [0235]);
and an adaptor (adaptor 70”) comprising at least one first electrical contact (left terminals 82) disposed on the adaptor housing and electrically connected with the at least one battery electrical terminal of the battery pack (Fig. 3A; para [0243] in view of e.g. Figs. 11-12 and paras [0188] and [0204-205], which teach electrical terminals that are electrical contacts);
at least one second electrical contact (right terminals 82) disposed on the adaptor housing and electrically connected with the at least one battery-powered-device electrical terminal of the battery-powered-device (Fig. 3A; para [0243] in view of e.g. Figs. 11-12 and paras [0188] and [0204-205], which teach electrical terminals that are electrical contacts);
at least one electrical connection disposed in the adaptor housing and electrically connecting the at least one first electrical contact and the at least one second electrical contact (the electrical connections in adaptor 70” that are coupled between the left and right terminals 82), such that the battery-powered-device is electrically coupled to the at least one electrochemical cell (Fig. 3A; para [0243]);
at least one first communication contact (left communication terminal 74) disposed on the adaptor housing and engaged with the at least one battery communication terminal (Furui Fig. 3A; para [0243] in view of e.g. Figs. 3C and 11-12 and para [0303], which teach communication terminals that are contacts);
at least one second communication contact (right communication terminal 74) disposed on the adaptor housing and engaged with the at least one battery-powered device communication terminal (Furui Fig. 3A; para [0243] in view of e.g. Figs. 3C and 11-12 and para [0303], which teach communication terminals that are contacts); and
at least one communication interface (communicator 78) associated with the adaptor housing (Fig. 3A) and communicably coupled to the at least one first communication contact and the at least one second communication contact (Fig. 3A; adaptor 70” may communicate with one or both of the battery pack 40 and the power tool 10’, para [0242]), wherein the at least one communication interface is configured to exchange data between an external device (external device 100) and at least one of the battery-powered device and the battery pack (Fig. 3A; the external device communicates with the adaptor 70”, para [0242]; the external device is capable of processing and/or analyzing data received from the adaptor, as well as generating data and/or instructions to be transmitted to the battery pack and/or power tool via the adaptor, para [0122]).
Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify the modular apparatus of Volmer to include the blower unit comprising at least one blower electrical terminal disposed on the unit housing and electrically connected to the blower and at least one blower communication terminal disposed on the unit housing and communicably coupled to the blower; the battery pack comprising a pack housing, at least one electrochemical cell disposed in the pack housing, at least one battery electrical terminal disposed on the pack housing and electrically connected to the at least one electrochemical cell, and at least one battery communication terminal disposed on the pack housing and communicably coupled to the at least one electrochemical cell; and the adaptor comprising at least one first electrical contact disposed on the adaptor housing and electrically connected with the at least one battery electrical terminal of the battery pack; at least one second electrical contact disposed on the adaptor housing and electrically connected with the at least one blower electrical terminal of the blower unit; at least one electrical connection disposed in the adaptor housing and electrically connecting the at least one first electrical contact and the at least one second electrical contact, such that the blower is electrically coupled to the at least one electrochemical cell; at least one first communication contact disposed on the adaptor housing and engaged with the at least one battery communication terminal; at least one second communication contact disposed on the adaptor housing and engaged with the at least one blower communication terminal; and at least one communication interface associated with the adaptor housing and communicably coupled to the at least one first communication contact and the at least one second communication contact, wherein the at least one communication interface is configured to allow exchange of data between an external device and at least one of the blower unit and the battery pack as taught by Furui, in order to utilize well-known modular communication adaptor structure to predictably provide power from the battery to the battery-powered blower (by way of the intervening communication interface module) (Volmer Fig. 4 in view of Furui para [0243]) and modular communication between the blower, battery and an external device (e.g. the alarming and informing unit 17 of Volmer, see Volmer Fig. 4 and para [0031]) (by way of the communication interface module), so as to allow the external device to send and receive data to the blower and battery for effective and/or efficient operation of the blower (e.g. instructing lower blower speeds when battery power is low) and/or in order to keep the operator informed regarding the operating status of the blower and/or battery (Volmer para [0032]; Furui para [0122]).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Volmer in view of Furui as applied to claim 1 above, and further in view of Bordewick et al. (US 2008/0099017 A1; hereinafter “Bordewick).
Regarding claim 3, Volmer in view of Furui teaches the breathing apparatus of claim 1, but modify Volmer does not disclose/teach wherein the at least one communication interface is wirelessly coupled to the at least one battery communication terminal and the at least one blower communication terminal. However, Bordewick teaches that it was known in the modular respiratory device communication art before the effective filing date of the claimed invention to include wherein the at least one communication interface (within data transfer module 18) is wirelessly coupled (communication interface 130 may be, at least in part, a wireless system, paras [0044-45]) to the at least one battery communication terminal (within male communication interface 130 of battery module 20) and the at least one blower communication terminal (within the female interlock of flow generator 12+humidifier module 16 that receives communication interface 130 of the data transfer module 18) (Figs. 2 and 8A-B; paras [0048-54]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Volmer to include wherein the at least one communication interface is wirelessly coupled to the at least one battery communication terminal and the at least one blower communication terminal as taught by Bordewick, in order to utilize known means (wireless connections) provide the predictable result of the transfer of data to/from the adaptor from/to the blower unit and battery pack as discussed above regarding claim 1.
Claim(s) 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Volmer in view of Furui as applied to claim 1 above, and further in view of Mergener et al. (US 2016/0311094 A1; hereinafter “Mergener”).
Regarding claim 18, Volmer in view of Furui teaches the breathing apparatus of claim 1, but modify Volmer does not explicitly disclose/teach wherein the adaptor further comprises a first connector comprising the at least one first electrical contact and at least one first communication contact, the first connector physically engaging with the at least one battery electrical terminal and the at least one battery communication terminal. However, Mergener teaches that it was well known in the art of modular devices powered by battery packs and including communication adaptors/to solve the problem of connecting a battery pack and battery-powered device to a communication adaptor before the effective filing date of the claimed invention to include wherein the adaptor (adaptor 600) (Figs. 8-10; para [0037]) further comprises a first connector (comprising terminal block 636) comprising the at least one first electrical contact and at least one first communication contact, the first connector physically engaging with the at least one battery electrical terminal and the at least one battery communication terminal (female contacts 412a-e of the battery pack 400 receive the blade terminals 638a-d of the adaptor 600, para [0088]; contacts 412a-e include a power positive…contact…a power contact...and three communication contacts, para [0070]), such that it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Volmer to include wherein the adaptor further comprises a first connector comprising the at least one first electrical contact and at least one first communication contact, the first connector physically engaging with the at least one battery electrical terminal and the at least one battery communication terminal as taught by Mergener, in order to utilize standard connection means for effecting the power and communication connections between the battery pack and the adaptor discussed above regarding claim 1.
Regarding claim 19, Volmer in view of Furui teaches the breathing apparatus of claim 1, but modify Volmer does not explicitly disclose/teach wherein the adaptor further comprises a second connector comprising the at least one second electrical contact and at least one second communication contact, the second connector physically engaging with the at least one blower electrical terminal and the at least one blower communication terminal. However, Mergener teaches that it was well known in the art of modular devices powered by battery packs and including communication adaptors/to solve the problem of connecting a battery-powered device to a communication adaptor before the effective filing date of the claimed invention to include wherein the adaptor (adaptor 600) (Figs. 8-10; para [0037]) further comprises a second connector (tool-side connector 622) comprising the at least one second electrical contact and at least one second communication contact, the second connector physically engaging with the at least one battery-powered device electrical terminal and the at least one blower communication terminal (contacts 628a-e…configured to receive the male blade terminals 252a-d, para [0081]; male blade terminals 252a-d, include a power positive…terminal…a power negative...terminal…a first communication terminal…and a second communication terminal, paras [0046-49]), such that it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Volmer to include wherein the adaptor further comprises a second connector comprising the at least one second electrical contact and at least one second communication contact, the second connector physically engaging with the at least one blower electrical terminal and the at least one blower communication terminal as taught by Mergener, in order to utilize standard connection means for effecting the power and communication connections between the blower and the adaptor discussed above regarding claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E DITMER whose telephone number is (571)270-5178. The examiner can normally be reached M 7:30a-3:30p, T/Th 8:30a-2:30p, W 11:30a-4:30p, F 1-4p ET.
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/KATHRYN E DITMER/Primary Examiner, Art Unit 3785
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