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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-5, 7, 18, 19, 21 and 41 in the reply filed on 12/9/2025 is acknowledged.
Claims 25, 27-32, 36, 37 and 39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/9/2025.
Claim Interpretation
The terms “contact” and “terminal” are understood to be interchangeable terms meaning “site/area of/for connection”, see e.g. instant Fig. 4, where (male) terminals 120 look identical to (male) contacts 160, and (female) contacts 162 look identical to (female) terminals 138, i.e. terminal does not infer male/contact does not infer female.
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 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) mechanically connected to the blower unit and the battery pack (Fig. 4; paras [0029-31]).
While Volmer teaches that the adapter 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 electrically connected to the blower and at least one blower communication terminal communicably coupled to the blower;
the battery pack comprising 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 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 (adapter 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 adapter 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; adapter 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 adapter 70”, para [0242]; the external device is capable of processing and/or analyzing data received from the adapter, as well as generating data and/or instructions to be transmitted to the battery pack and/or power tool via the adapter, 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 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 adapter structure to predictably provide power from the battery to the battery-powered blower (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]), 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 adapter 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 (adapter 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 adapter 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; adapter 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 adapter 70”, para [0242]; the external device is capable of processing and/or analyzing data received from the adapter, as well as generating data and/or instructions to be transmitted to the battery pack and/or power tool via the adapter, 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 adapter structure to predictably provide power from the battery to the battery-powered blower (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]), 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 adapters/to solve the problem of connecting a battery pack and battery-powered device to a communication adapter before the effective filing date of the claimed invention to include wherein the adaptor (adapter 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 adapter 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 adapters/to solve the problem of connecting a battery-powered device to a communication adapter before the effective filing date of the claimed invention to include wherein the adaptor (adapter 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references teaching the use of a battery pack with contacts in a respiratory device: Bilger et al. (US 2009/0266361 A1; Fig. 3); Carter (US 2011/0128008 A1). Additional references teaching the use of smart batteries in respiratory devices: Andrieux et al. (US 2010/0078016 A1); Heine et al. (US 2012/0146251 A1); Huby et al. (US 2011/0162647 A1); Kilmer et al. (EP 3442635 B1). Additional reference teaching wired and wireless power and data connections in a medical device: Newkirk (US 2006/0179571 A1; paras [0068-69]). Additional reference regarding a modular communication adapter for insertion between a battery pack and battery-powered device: Peloquin et al. (US 2017/0222382 A1).
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-Th 7:30a-4:30p, F 7:30a-11:30a ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 571-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHRYN E DITMER/ Primary Examiner, Art Unit 3785