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 action is responsive to the amendment filed 01/22/2026. Claims 14-16 have been canceled thus claims 1, 5-12, 17-20, 23-25 and 27 remain pending.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Atzmon (WO 2021/156876 A1) in view of Vukelja (US 10,537,754 B1) and Fu (WO 2013/082650 A1).
Regarding claim 1, Atzmon discloses a respirator system for delivering filtered atmospheric air to a user for inhalation (abstract), the respirator system comprising: a respirator (#204 fig 3A-3D) through which a user can inhale filtered air (as fig 3A-3D show the respirator covering a user’s mouth and nose and arrows in fig 3C-3D showing air entering the users mouth/nose); an air filter systems (#208, 210 fig 3A-3D, pg 8 ln 8-11 disclose 208 and 210 as a blower and UV source), configured to filter and draw air from the atmosphere into the respirator system and to deliver filtered drawn air to the respirator via an airflow path (pg 8 ln 2-4 discloses the UV rays disinfecting the air, air flow path: #222, 224 fig 3A-3D); a conduit for directing filtered air from the air filter system to the respirator (conduit that air paths #222 and 224 pass through see fig 3A-3D); a reservoir (#221 fig 3A-3D) for storing filtered air, wherein the air filter system is arranged in fluid communication with the reservoir and the respirator (see fig 3A-3D) such that: when the user's inspiratory flow rate is lower than the base flow rate of the air filter system, at least a portion of the filtered air entering the respirator system is stored in the reservoir (see fig 3A-3B, pg 8 ln 20-21 discloses when the wearer is exhaling the filtered air is stored in the reservoir, during exhalation there is no inspiratory flow rate thus the inspiratory flow rate is less that the steady airflow rate produced by the blower); when the user's inspiratory flow rate exceeds the base flow rate of the air filter system, filtered air stored in the reservoir is drawn into the respirator for inhalation to supplement the filtered air provided by the air filter system (see fig 3C-3D, pg 8 ln 22-25 discloses when the wearer is inhaling the reservoir deflates thus disclosing that the inspiratory flow rate exceeds the base flow rate and air from the blower and previously stored in the reservoir are inhaled by the wearer).
Atzmon is silent to first and second air filter systems, wherein the first and second air filter system is fluidly connected to the respirator and the reservoir via a separate airflow circuit.
Vukelja teaches a respirator system for delivering filtered atmospheric air to a user for inhalation (abstract), the respirator system comprising: first and second air filter systems (#56 fig 4, 5, see fig 2 showing first and second, col 2 ln 57-63), for filtering and drawing air from the atmosphere into the respirator system (col 2 ln 57-63), and for delivering filtered drawn air to the user, wherein each air filter system is fluidly connected to the air delivery nozzle via a separate airflow circuit (#56 fig 4, 5, see fig 2 showing first and second, col 2 ln 57-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a second air filter system as taught by Vukelja to the system of Atzmon as doing so can provide a greater variety of base airflow rates due to the second fan/blower.
Modified Atzmon is further silent to a support for supporting the respirator system on the user's head, wherein the respirator is arranged at a front of the support to engage the front of a user's head when in use, and the first and second air filter systems are arranged at the rear of the support to sit at the rear of a user's head when in use, wherein the support comprises an adjusting means for adjusting a spacing between the two air filter systems to secure the support to the user's head.
Fu teaches a respirator system for delivering filtered atmospheric air to a user for inhalation (abstract), a support (#330, 324 fig 32a-c) for supporting a respirator on the user’s head (see fig 28A), wherein the respirator is arranged at a front of the support to engage the front of a user's head when in use (see fig 28a, fig 32a-c), and the filter system (“airflow generator housing #322 fig 32a) arranged at the rear of the support to sit at the rear of a user's head when in use (see fig 32a/28A), wherein the support comprises an adjusting means for adjusting a spacing between the two air filter systems to secure the support to the user's head (see arrows in fig 32a-c, pg 62 ln 17-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a incorporate the first conduit for connecting the air filter system to the respirator within the support so protect the air conduit and further as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Claims 5-6, 17-19, 23, 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Atzmon in view of Vukelja.
Regarding claim 5, Atzmon discloses a respirator system for delivering filtered atmospheric air to a user for inhalation (abstract), the respirator system comprising: a respirator (#204 fig 3A-3D) through which a user can inhale filtered air at an inspiratory flow rate (as fig 3A-3D show the respirator covering a user’s mouth and nose and arrows in fig 3C-3D showing air entering the users mouth/nose it is seen that the user inhales at an inspiratory flow rate); an air filter system for filtering and drawing air from the atmosphere into the respirator system at a base flow rate and delivering filtered drawn air to the respirator (#208, 210 fig 3A-3D, pg 8 ln 8-11 disclose 208 and 210 as a blower and UV source, pg 8 ln 2-4 discloses the UV rays disinfecting the air, pg 8 ln 8-10 discloses the blower creating a steady rate of airflow thus disclosing a base flow rate); and a reservoir (#221 fig 3A-3D) for storing filtered air, wherein the air filter system is arranged in fluid communication with the reservoir and the respirator (see path of airflow 222 fig 3A-3D) such that: when the user's inspiratory flow rate is lower than the base flow rate of the air filter system, at least a portion of the filtered air entering the respirator system is stored in the reservoir (see fig 3A-3B, pg 8 ln 20-21 discloses when the wearer is exhaling the filtered air is stored in the reservoir, during exhalation there is no inspiratory flow rate thus the inspiratory flow rate is less that the steady airflow rate produced by the blower); when the user's inspiratory flow rate exceeds the base flow rate of the air filter system, filtered air stored in the reservoir is drawn into the respirator for inhalation to supplement the filtered air provided by the air filter system (see fig 3C-3D, pg 8 ln 22-25 discloses when the wearer is inhaling the reservoir deflates thus disclosing that the inspiratory flow rate exceeds the base flow rate and air from the blower and previously stored in the reservoir are inhaled by the wearer).
Atzmon is silent to wherein the respirator system comprises first and second air filter systems for filtering and drawing air from the atmosphere into the respirator system at a collective base flow rate, and for delivering filtered drawn air to the respirator through which a user can inhale filtered air at inspiratory flow rate; wherein each of the first and second air filter systems are arranged in fluid communication with the reservoir and the respirator such that when the user's inspiratory flow rate is lower than the collective base flow rate, at least a portion of the filtered air entering the respirator system is stored in the reservoir; when the user's inspiratory flow rate exceeds the collective base flow rate, filtered air stored in the reservoir is drawn into the respirator for inhalation to supplement the filtered air provided by the first and second air filter systems; and wherein each air filter system is fluidly connected to the respirator and the reservoir via a separate airflow circuit.
Vukelja teaches a respirator system for delivering filtered atmospheric air to a user for inhalation (abstract), the respirator system comprising: first and second air filter systems (#56 fig 4, 5, see fig 2 showing first and second, col 2 ln 57-63), for filtering and drawing air from the atmosphere into the respirator system (col 2 ln 57-63), and for delivering filtered drawn air to the user, wherein each air filter system is fluidly connected to the air delivery nozzle via a separate airflow circuit (#56 fig 4, 5, see fig 2 showing first and second, col 2 ln 57-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a second air filter system as taught by Vukelja to the system of Atzmon as doing so can provide a greater variety of base airflow rates due to the second fan/blower.
It is seen that the modification as taught by Vukelja incorporates a second air filter system while maintaining the reservoir function of Atzmon and therefore each of the first and second air filter systems are arranged in fluid communication with the reservoir and the respirator such that: when the user's inspiratory flow rate is lower than the collective base flow rate, at least a portion of the filtered air entering the respirator system is stored in the reservoir; and when the user's inspiratory flow rate exceeds the collective base flow rate, filtered air stored in the reservoir is drawn into the respirator for inhalation to supplement the filtered air provided by the first and second air filter systems.
Regarding claim 6, modified Atzmon discloses the respirator system of claim 5. Atzmon further discloses the respirator system is configured such that when the user's inspiratory flow rate is less than or equal to the base flow rate of the filter system, filtered air flows from the air filter system to the respirator for inhalation by the user without supplementation from the reservoir (see fig 3A-3B, pg 8 ln 20-21 discloses when the wearer is exhaling the filtered air is stored in the reservoir, during exhalation there is no inspiratory flow rate thus the inspiratory flow rate is less that the steady airflow rate produced by the blower, it is further seen that the reservoir only deflates/supplements flow when the wearer needs to inhale more than the supply of the blower and thus inhalation is not supplemented from the reservoir when the flow rate is equal to the base flow rate).
Regarding claim 17, modified Atzmon discloses the respirator system of claim 5. Atzmon further discloses a respirator inlet through which filtered air enters the respirator, and a respirator inlet valve configured to prevent a flow of air through the respirator inlet when the user exhales into the respirator (#227 fig 3A-3D, abstract “one-way valve”).
Regarding claim 18, modified Atzmon discloses the respirator system of claim 17. Atzmon further discloses the respirator inlet comprises an opening in a body of the respirator, and the inlet valve is arranged within or adjacent to the opening (see fig 3A-3D showing the valve 227 inside an opening in the center of the respirator).
Regarding claim 19, modified Atzmon discloses the respirator system of claim 5. Atzmon further discloses the reservoir comprises an expandable air bag (pg 8 ln 15 “expandable member”).
Regarding claim 23, modified Atzmon discloses the respirator system of claim 5. Atzmon further discloses the respirator is configured to seal around the user's nose and/ or mouth (see fig 3A-3D, pg 3 ln 24-26) area such that an air cavity is defined between the respirator and the user's face for receiving filtered air from the filter system and/ or reservoir.
Regarding claim 25, modified Atzmon discloses the respirator system of claim 5. Atzmon further discloses a power supply, wherein the power supply comprises a battery (pg 8 ln 6-8).
Regarding claim 27, modified Atzmon discloses a method of delivering filtered atmospheric air to a user for respiration (Atzmon: abstract) using the respirator system of claim 5 (see modified Atzmon of claim 5 above), the method comprising: drawing air from the atmosphere into a respirator system at a base flow rate (Atzmon: pg 8 ln 8-11 disclose 208 as a blower and UV source, pg 8 ln 8-10 discloses the blower creating a steady rate of airflow thus disclosing a base flow rate), filtering the drawn air (Atzmon: pg 8 ln 8-11 disclose 210 as a UV source, pg 8 ln 2-4 discloses the UV rays disinfecting the air), and delivering drawn filtered air to the user for inhalation, the method further comprising: when a user inspiration rate is less than the base flow rate, delivering drawn filtered air to a reservoir for storage (Atzmon: see fig 3A-3B, pg 8 ln 20-21 discloses when the wearer is exhaling the filtered air is stored in the reservoir, during exhalation there is no inspiratory flow rate thus the inspiratory flow rate is less that the steady airflow rate produced by the blower), and when the user inspiration rate exceeds the base flow rate, supplementing the drawn filtered air delivered to the user with stored filtered air from the reservoir (Atzmon: see fig 3C-3D, pg 8 ln 22-25 discloses when the wearer is inhaling the reservoir deflates thus disclosing that the inspiratory flow rate exceeds the base flow rate and air from the blower and previously stored in the reservoir are inhaled by the wearer).
Claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over modified Atzmon as applied to claim 5 above and further in view of Vroman (US 5,492,114 A).
Regarding claim 7, modified Atzmon discloses the respirator system of claim 5. Atzmon is silent to the respirator and air filter system are arranged along a first airflow path, and the reservoir and the air filter system are arranged along a second airflow path, such that the air filter system is common to both airflow paths.
Vroman teaches a respiratory system comprising a respirator (#22 fig 1) an air system (connected to #28 fig 1, 2) and a reservoir (#30 fig 1, 2) wherein the respirator and air system are arranged along a first airflow path (see Vroman annotated fig 2 below), and the reservoir and the air filter system are arranged along a second airflow path (see Vroman annotated fig 2 below), such that the air filter system is common to both airflow paths (see fig 2).
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Vroman annotated fig 2
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to structure the flow path of modified Atzmon to have first and second airflow paths as taught by Vroman as doing so allows the provided air to directly enter the respirator without being diverted inside the reservoir, and further as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Regarding claim 8, modified Atzmon discloses the respirator system of claim 7. Vroman further teaches the first airflow path is uni-directional from the air filter system to the respirator (see arrows in fig 2, and #29 fig 2, col 2 ln 46-51), and wherein the second airflow path is bi- directional from the air filter system to the reservoir and vice versa (see fig 2 showing no valve in the second flow path, see also fig 3 showing airflow arrows in both directions).
Regarding claim 9, modified Atzmon discloses the respirator system of claim 5. Atzmon is silent to a first conduit arranged to fluidly connect the air filter system to the respirator, and a second conduit arranged to fluidly connect the air filter system to the reservoir.
Vroman teaches a respiratory system comprising a respirator (#22 fig 1) an air system (connected to #28 fig 1, 2) and a reservoir (#30 fig 1, 2) with a first conduit arranged to fluidly connect the air filter system to the respirator (see Vroman annotated fig 2 above), and a second conduit arranged to fluidly connect the air filter system to the reservoir (see Vroman annotated fig 2 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to structure the flow path of modified Atzmon to have first and second conduits as taught by Vroman as doing so allows the provided air to directly enter the respirator without being diverted inside the reservoir, and further as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Regarding claim 10, modified Atzmon discloses the respirator system of claim 5. Atzmon is silent to the air filter system comprises a junction chamber that is in fluid communication with the reservoir and the respirator, and that is configured to receive the filtered air drawn into the respirator system.
Vroman teaches a respiratory system comprising a respirator (#22 fig 1) an air system (connected to #28 fig 1, 2) and a reservoir (#30 fig 1, 2) with a junction chamber (#26 fig 1-2) that is in fluid communication with the reservoir and the respirator, and that is configured to receive the filtered air drawn into the respirator system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to structure the flow path of modified Atzmon to have a junction chamber as taught by Vroman as doing so allows the provided air to directly enter the respirator without being diverted inside the reservoir, and further as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Regarding claim 11, modified Atzmon discloses the respirator system of claim 10. Vroman further teaches the junction chamber comprises a manifold that is fluidly connected to the respirator via a first air flow path (see Vroman annotated fig 2 above), and to the reservoir via a second air flow path (see Vroman annotated fig 2 above), such that the manifold is common to both air flow paths.
Regarding claim 12, modified Atzmon discloses the respirator system of claim 11. Vroman further teaches the respirator system comprises a first conduit (see Vroman annotated fig 2 above) arranged to fluidly connect the manifold to the respirator, a second conduit (see Vroman annotated fig 2 above) arranged to fluidly connect the manifold to the reservoir, and a third conduit (see Vroman annotated fig 2 above) arranged to fluidly connect the air filter system to the manifold.
Modified Atzmon is silent to the second conduit is arranged at an acute angle with respect to the third conduit. However, it would have been obvious to one of ordinary skill in the art to arrange the conduits at an acute angle as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over modified Atzmon as applied to claim 5 above and further in view of Vroman and Fu.
Regarding claim 20, modified Atzmon discloses the respirator system of claim 5. Atzmon is silent to a first conduit arranged to fluidly connect the air filter system to the respirator, a second conduit arranged to fluidly connect the air filter system to the reservoir, and a support for securing the respirator to a user's face by extension around the user's head, wherein the respirator is secured to a forward portion of the support and the filter system is secured to a rearward portion of the support, wherein the first conduit is incorporated into the support, wherein the second conduit is arranged to depend downwardly from the filter system when the respirator system is arranged for use, with the reservoir arranged at the bottom of the second conduit.
Vroman teaches a respiratory system comprising a respirator (#22 fig 1) an air system (connected to #28 fig 1, 2) and a reservoir (#30 fig 1, 2) with a first conduit (see Vroman annotated fig 2 above) arranged to fluidly connect the air filter system to the respirator, a second conduit (see Vroman annotated fig 2 above) arranged to fluidly connect the air filter system to the reservoir, wherein the second conduit is arranged to depend downwardly from the filter system when the respirator system is arranged for use (see fig 1, depending downwardly when a user is standing upright), with the reservoir arranged at the bottom of the second conduit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to structure the flow path of modified Atzmon to have first and second conduits as taught by Vroman as doing so allows the provided air to directly enter the respirator without being diverted inside the reservoir, and further as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Fu teaches a respirator system for delivering filtered atmospheric air to a user for inhalation (abstract), a support (#330, 324 fig 32a-c) for securing a respirator to a user’s face by extension around the user’s head (see fig 28A), wherein the respirator is secured to a forward portion of the support (see fig 28a, fig 32a-c), and the filter system (“airflow generator housing #322 fig 32a) is secured to a rearward portion of the support (see fig 32a), wherein the first conduit is incorporated into the support.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a incorporate the first conduit for connecting the air filter system to the respirator within the support so protect the air conduit and further as a simple rearrangement of parts (MPEP 2144.04.VI.C.).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over modified Atzmon as applied to claim 5 above and further in view of Fu.
Regarding claim 24, modified Atzmon discloses the respirator system of claim 5. Atzmon further discloses a respirator outlet through which exhaled air can exit the respirator (see exhaust arrows in fig 3a-3b, pg 8 ln 17-19 discloses the exhaled air exiting through the respirator filter).
Atzmon is silent to an outlet valve arranged in or adjacent to the respirator outlet, wherein the outlet valve is configured to permit air flow out of the respirator when the user exhales and to prevent air flow into the respirator from the atmosphere.
Fu teaches a respirator with an outlet valve (#298 fig 28B) arranged in or adjacent to the respirator outlet (#296 fig 28B), wherein the outlet valve is configured to permit air flow out of the respirator when the user exhales and to prevent air flow into the respirator from the atmosphere (pg 58 ln 20-21 “exhaust valves”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a respirator with exhaust valves as taught by Fu for the respirator of modified Atzmon as doing so can allow air to exhaust without allowing air to enter in through the mask.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 01/22/2026 have been fully considered but they are not persuasive.
Applicant asserts that the use of 2 filter systems taught by Vukelja would not have been obvious to one of ordinary skill in the art to incorporate into respirator of Atzmon because it produces unexpected results that are not contemplated by the prior art such as reducing pressure drops (see pg 10-11 of the response filed 01/22/2026). The fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). It remains seen that the benefit of providing a greater base flow by utilizing two filter/fan systems would lead one of ordinary skill in the art to incorporate a second air filter system for communication with the respirator and reservoir and thus achieve the respirator as claimed. Applicant’s arguments are not persuasive and the examiner upholds the rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Folsom US 4840169 A discloses a respirator with a reservoir
Marx US 20030154983 A1 discloses a respirator with a reservoir
Bartkoski US 20180021605 A1 discloses a respirator with a reservoir
Stewart US 5,007,421 A discloses a respirator with a reservoir
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 KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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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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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799