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 preliminary amendment filed on 03/23/2026. As directed by the amendment, claims 8 and 10 were canceled, claims 1, 7, and 9 were amended, and no claims were newly added. Thus, claims 1-7 and 9 are presently pending in this application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US 2022/0016449; hereinafter “Choi”).
Regarding claim 1, Choi discloses a respiratory protective device (Mask apparatus 1 = mask body 10 + mask body cover 20) comprising:
a pressure sensor disposed on an inner surface of the respiratory protective device (pressure sensor 14 measuring in breathing space S);
at least one fan component positioned adjacent to an inhalation filter of the respiratory protective device (fan modules 16, 17; [0200] “The air passing through the filters 23 and 24 can be introduced into the suction holes of the fan modules 16 and 17 through the air suction hole 211”); and
a controller component in electronic communication with the pressure sensor and the at least one fan component (controller 200; [0223] information from pressure sensor 14 is transmitted to controller 200 which controls operation of components of the fan modules 16, 17), wherein the controller component is configured to:
receive a plurality of air pressure indications from the pressure sensor (Fig. 15 S21 “sense internal pressure of mask using pressure sensor”), wherein the plurality of air pressure indications comprises a plurality of air pressure values (Fig. 15 step S21 discloses senses pressures and S22 discloses specifically the senses pressure values);
calculate a breath pattern indication based on the plurality of air pressure indications (Fig 15 uses pressure readings from S21-22 in the calculations of a “breath pattern indication” throughout S23-30, described below, all prior to influence on the fans in S32), wherein the breath pattern indication comprises a breath depth value (Fig. 15 step S30 calculates the tidal volume Vt) and a breath rate value (Fig. 15 steps S24-25 determine whether the user’s breathing is in the stable state relative to inhalation/exhalation pressures over distinct periods of time, i.e. frequency of the user inhaling and exhaling per a time unit);
determine a forward rotation speed value for the at least one fan component based on the breath depth value of the breath pattern indication (Fig. 15 S32 “control rotation speed of motor with reference to updated tidal volume”; wherein the motor is fan motor 180 of fans 16, 17);
determine a forward rotation start signal transmission time point based on an inhalation starting time point and a forward rotation stop signal transmission time point based on an exhalation starting time point for the at least one fan component based on the forward rotation speed value and the breath rate value of the breath pattern indication (fan motor 180 is controlled in proportion to tidal volume Vt over inhalation time Ti, meaning the forward rotation speed value accounts for a start signal time point and stop signal time point whenever the inhalation value starts and is first recorded for the start signal, and whenever the inhalation value ends [thus indicating an exhalation starting time point] and is recorded as zero for the stop signal; [0302] “the mask apparatus 1 controls the rotation speed of the fan motor 180 using the correction value Vt/Ti obtained by dividing the calculated tidal volume Vt by the inhalation time Ti.”)
transmit a forward rotation start signal to the at least one fan component at the forward rotation start signal transmission time point to start forward rotation of the at least one fan component ([0226-227] fan motor 180 is controlled by controller 200 to rotate the fans 16,17; controller 200 determines when to start the fan movement according to Fig. 15 flow chart); and
transmit a forward rotation stop signal to the at least one fan component at the forward rotation stop signal transmission time point to stop forward rotation of the at least one fan component ([0226-227] fan motor 180 is controlled by controller 200 to rotate the fans 16,17; controller 200 determines when to start the fan movement according to Fig. 15 flow chart).
Regarding claim 2, Choi discloses the plurality of air pressure values corresponds to time series data (Fig. 1 time series t1-t8 etc.).
Regarding claim 3, Choi discloses the controller component is configured to:
determine a plurality of peak air pressure values and a plurality of valley air pressure values based on the plurality of air pressure values and the time series data (Fig. 13 a graph illustrating an example of a change in pressure of a breathing space, which is sensed by a pressure sensor over time series t1-t8 etc.);
calculate a plurality of peak-to-valley height values based on the plurality of peak air pressure values and the plurality of valley air pressure values (Fig. 13 shows multiple readings of peaks and values, where Fig. 14 illustrates the use of Pavg, the height value. [0264] “the mask apparatus 1 can compare a difference value Pavg between the maximum pressure value Pmax and the minimum pressure value Pmin, which are sensed by the pressure sensor 14”;
determine a maximum peak-to-valley height value from the plurality of peak-to-valley height values (Fig. 13 shows how the peak-to-valley heights can vary across the time periods t1-t8, wherein in calculating Pavg the Pmax [0278] ““Pmax” is… an average value of the maximum pressure values”); and
set the breath depth value based at least in part on the maximum peak-to-valley height value ([0277] equation to calculate tidal volume includes Pmax-Pmin, wherein ““Pmax” is… an average value of the maximum pressure values”).
Regarding claim 4, Choi discloses when determining the forward rotation speed value based on the breath depth value, the controller component is configured to:
compare the breath depth value with a previous breath depth value (Memory 190 in controller 200; Fig. 15 step S31 includes storing calculated tidal volume in memory; [0306-307] discusses controller 200 operating fan motor 180 based on updated tidal volume or reference tidal volume data, meaning the controller must compare the two when operating), wherein the previous breath depth value is associated with a previous forward rotation speed value of the at least one fan component ([0034] “the tidal volume stored in the memory is periodically updated and reflected, the fan control according to the breathing deviation of each user can be precisely performed”, meaning previous speed values were used to calculate those tidal volumes).
Regarding claim 5, Choi discloses the controller component is configured to:
determine that the breath depth value increases from the previous breath depth value (memory 190 stores tidal volume calculations found from equation [0277]);
calculate a breath depth increase value based on subtracting the previous breath depth value from the breath depth value (Fig. 15 step S31 includes storing calculated tidal volume in memory; [0306-307] discusses controller 200 operating fan motor 180 based on updated tidal volume or reference tidal volume data, meaning the controller must compare the two when operating);
determine a forward rotation speed increase value based at least in part on the breath depth increase value (Fan motor 180 rotation speed is based on proportion to tidal volume Vt over inhalation time Ti; meaning the calculated increase in breath depth, or tidal volume, would be accounted for in determining fan rotation speed increase); and
set the forward rotation speed value based at least in part on adding the forward rotation speed increase value to the previous forward rotation speed value (An increase in fan speed for fan motor 180 would be controlled by the proportion to tidal volume Vt over inhalation time Ti, wherein an increase in tidal volume Vt would be adding an increase in the speed value).
Regarding claim 6, Choi discloses the controller component is configured to:
determine that the breath depth value decreases from the previous breath depth value (memory 190 stores tidal volume calculations found from equation [0277]);
calculate a breath depth decrease value based on subtracting the breath depth value from the previous breath depth value (Fig. 15 step S31 includes storing calculated tidal volume in memory; [0306-307] discusses controller 200 operating fan motor 180 based on updated tidal volume or reference tidal volume data, meaning the controller must compare the two when operating);
determine a forward rotation speed decrease value based at least in part on the breath depth decrease value (Fan motor 180 rotation speed is based on proportion to tidal volume Vt over inhalation time Ti; meaning the calculated increase in breath depth, or tidal volume, would be accounted for in determining fan rotation speed decrease); and
set the forward rotation speed value based at least in part on subtracting the forward rotation speed decrease value from the previous forward rotation speed value (A decrease in fan speed for fan motor 180 would be controlled by the proportion to tidal volume Vt over inhalation time Ti, wherein a decrease in tidal volume Vt would be subtracting the decrease in the speed value).
Regarding claim 7, Choi discloses when determining the forward rotation start signal transmission time point, the controller component is configured to:
calculate a forward rotation speed up adjustment time period based at least in part on the forward rotation speed value (The fan speed is designed to increase and decrease with activity level Fig. 8, where tidal volume fluctuates as the height of the wave, just as is taught in Figs. 13-14. Rotation speed of the fan motor 180 is directly correlated to tidal volume, meaning the adjustment time period to speeding up the fan motor 180 would be a change in Tavg in equation [0277]);
determine an inhalation starting time point based at least in part on the plurality of air pressure indications (Fig. 13 pressure readings show inhalation starting points at A1, A2, A3 where pressure in the breathing space is highest, meaning inhalation starting time is at the beginning of each determined time window t1-t8, etc.); and
set the forward rotation start signal transmission time point based on the inhalation starting time point and the forward rotation speed up adjustment time period (Average time Tavg is used in calculating Tidal volume Vt [0277], and then fan motor 180 is controlled in proportion to tidal volume Vt over inhalation time Ti).
Regarding claim 9, Choi discloses determining the forward rotation stop signal transmission time point, the controller component is configured to:
calculate a forward rotation slow down adjustment time period based at least in part on the forward rotation speed value (The fan speed is designed to increase and decrease with activity level Fig. 8, where tidal volume fluctuates as the height of the wave, just as is taught in Figs. 13-14. Rotation speed of the fan motor 180 is directly correlated to tidal volume, meaning the adjustment time period to slowing down the fan motor 180 would be a change in Tavg in equation [0277]);
determine an exhalation starting time point based at least in part on the plurality of air pressure indications (Fig. 13 pressure readings show exhalation starting points at B1, B2, B3 where pressure in the breathing space is lowest, meaning exhalation starting time is at the end of each determined time window t1-t8, etc.); and
set the forward rotation stop signal transmission time point based on the exhalation starting time point and the forward rotation slow down adjustment time period (Average time Tavg is used in calculating Tidal volume Vt [0277], and then fan motor 180 is controlled in proportion to tidal volume Vt over inhalation time Ti, meaning the fan will be stopped when inhalation is 0, as in at exhalation).
Response to Arguments
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive.
Applicant argues, on page 3 of the remarks, that “Applicant respectfully submits that Choi does not disclose or suggest stopping and starting fan rotation on a per breath basis, e.g., starting rotation of the fan during inhalation and stopping rotation of the fan during exhalation”. However, Examiner disagrees because Choi Fig. 13 shows the breathing space, wherein points A1-A3 indicate when exhalation is finished, thus is when inhalation starts, and points B1-B3 indicate when inhalation is finished, thus is when exhalation starts. The Fig. 14 shows a pressure change cycle for a tidal volume, which is the graphical representation for the equation 1 ([0277]) used to calculated tidal volume. Since the fan speed is controlled by Vi/Ti, wherein Ti is the inhalation time, during the exhalation period of time when the user is exhaling, a value of Ti would be zero. Thus, the fan motor would not be controlled to rotate without a value of Ti to operate with. Examiner suggests a more direct and/or specific claim limitation regarding the fan stopping during exhalation. As Applicant indicated by including Fig. 10, Examiner notes that present application Fig. 10 appears to include information about a forward rotation slow down adjustment time period ∆t’ being the cause of a complete stop to the fan during the exhalation time period (present spec [00200]). Thus, the rejection still stands.
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 GWYNNETH L HOWELL whose telephone number is (703)756-4742. The examiner can normally be reached 8:30-4:30 M-F.
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/GWYNNETH L HOWELL/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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