DETAILED ACTION
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 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.
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/ Arguments
This office action is in response to communication received on 04/09/2026. The response presented amendment to claims 17 and 18 and introduced new claims 21-26. No new matter is introduced.
Applicant’s arguments, see pages 5-8, filed with respect to the rejection of claims 17-20 have been fully considered and are not persuasive for the following reasons:
Applicant argues that Hansen fails to disclose an interior pouch adapted to removably hold an external inhaler device because Hansen’s mouthpiece is attached to the housing. The examiner respectfully disagrees. Claim 17 does not require a specific type of pouch or require the device to be completely separate from the carrying case. Under the broadest reasonable interpretation, Hansen’s housing 3 provides an internal storage/retention structure for spirometer components, such as the mouthpiece 2 is releasably connected to the housing 3 by means of a pivot joint 4. See Hanse, paras. [0040]- [0042].
Applicant argues that neither Hansen nor Cheng disclose a plurality of air quality sensors for measuring 03, PM2.s, and NO2.
The examiner respectfully disagrees. The rejection does not rely on Hansen to teach the plurality of quality sensors measuring 03, PM2.s, and NO2, and relative humidity. As expressly stated in the rejection, Hansen teaches the portable carrying case, spirometer device, pressure sensor, and integrated sensor arrangement, while Cheng teaches the additional air quality sensors. The rejection relies on the combination of Hansen and Cheng for these limitations.
Applicant’s argument improperly attacks Hansen individually rather than addressing the teachings of the references as combined. The Examiner’s rationale remains that one of ordinary skill in the art would have been motivated to incorporate Cheng’s air quality sensors into Hansen’s portable monitoring system to expand the range and accuracy of environmental and air quality measurements, yielding predictable results.
Applicant argues that Cameron does not disclose the claimed GPS sensor integrated with the carrying case and configured to provide location data.
Applicant argument regarding Cameron is not persuasive. The rejection relies on Cameron for teaching the use of location information associated with a portable monitoring system. Cameron expressly discloses obtaining and utilizing geographic location data in conjunction with collected sensor measurements. The claimed invention does not require any particular use of the location data beyond providing location information associated with the portable device.
To the extent applicant argues that Cameron’s location data is used for a different purpose, such argument is unpersuasive because a reference is available for all that teaches to one of ordinary skill in the art, not merely for its primary purpose. The examiner relies on Cameron for its teaching of obtaining and associating location data with collected environmental measurements, which corresponds to the claimed GPS sensor configured to provide location data.
Further, the rejection is based on the combined teachings of Hansen, Cheng, and Cameron. Applicant’s argument attacks Cameron individually rather than addressing the teachings and rationale of the references as combined. One of ordinary skill in the art would have been motivated to incorporate Cameron’s location-tracking functionality into the Hansen/Cheng system to associate air quality measurements with geographic locations, thereby improving environmental monitoring and analysis with predictable results.
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.
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.
Claims 17-26 are rejected under 35 U.S.C. 103 as being unpatentable over HANSEN (US 20210007628 A1) in view of Cheng et al. hereinafter Cheng (US 20210396729 A1) and further in view of Cameron (US 20170182267 A1)
With respect to claim 17, HANSEN discloses a system of evaluating air quality sensor data (measuring the flow of air being inhaled or exhaled by a user, para. [0001]) comprising:
a carrying case (housing 3) having an interior pouch adapted to removably hold an external inhaler device (see Fig. 2 that shows the housing having an interior pouch; The mouthpiece 2 is releasably connected to the housing 3 by means of a pivot joint 4, para. [0041]);
a spirometer device (spirometer 1) integrated with the carrying case (housing 3 which forms a means for holding the spirometer 1, para. [0040]), wherein the spirometer device is separate from the external inhaler device (the portable spirometer shown in FIGS. 3a and 3b, the sensor unit 10 is enclosed inside the housing 10, and receives an air flow from the mouthpiece 2 during use, para. [0042]) and has a pressure sensor (differential pressure sensor 30, para. [0007]) and a spirometer tube (1) coupled to the pressure sensor (see FIG. 4 that shows sensor 30 for use with a portable spirometer, para. [0035]), wherein the spirometer device comprises a mouthpiece (mouthpiece 2) that is configured to be extended away from a body of the carrying case (the mouthpiece 2 is connected to the housing 3, the mouthpiece 2 may be pivoted between a standby position, shown in FIG. 2, and an active position as shown in FIG. 3, para. [0041]);
a plurality of air quality sensors integrated with the carrying case (the sensor unit 10 comprises at least one digital differential pressure sensor 30 and temperature sensor 36, para. [0046]- [0047]).
HANSEN discloses the claimed subject matter except the plurality of air quality sensors including sensors for measuring 03, PM2.5, NO2, and relative humidity levels; a global positioning system (GPS) sensor integrated with the carrying case and configured to provide location data for the carrying case; and hardware circuitry configured to transmit sensor data from at least the pressure sensor, air quality sensors, or GPS sensor to a base station.
Cheng invention related to a system for small area real-time air pollution assessment discloses the plurality of air quality sensors including sensors for measuring 03, PM2.5, NO2 (the measuring device include a spirometer, include 03, PM2.5, NO2 para. [0024]- [0025]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen to include the plurality of air quality sensors taught by Cheng. Hansen discloses a portable air quality monitoring system integrated with a carrying case but is silent as to these specific air quality parameters. Cheng teaches incorporating such sensors into a portable air pollution assessment system. An ordinary skill in the art would have been motivated to combine these teachings to expand the range and accuracy of air quality measurements, yielding predictable results with a reasonable expectation of success.
HANSEN modified by Cheng is silent about a global positioning system (GPS) sensor integrated with the carrying case and configured to provide location data for the carrying case; and hardware circuitry configured to transmit sensor data from at least the pressure sensor, air quality sensors, or GPS sensor to a base station.
Cameron invention related to an electronic vapor devices configured to provide spirometer functionality discloses the system comprises global positioning system sensor (the vapor device 100 can comprise a global positioning system (GPS) unit 118, para. [0074]) and configured to provide location data for the carrying case (The GPS 118 can detect a current location of the device 100 and transmit the usable data to the one or more services via the network access device 106, para. [0074]) and hardware circuitry configured to transmit sensor data from at least the pressure sensor, air quality sensors, or GPS sensor to a base station (see Fig. 1 that shows processor 102, sensors 116 and 136, GPS 118, and network access device 106 for receiving and transmitting vapor device information; see also para. 0040]-[0041]).
Accordingly, it would have been obvious to one of ordinary skill in the art to further modify Hansen to include GPS sensor integrated with the carrying case and hardware circuitry configured to transmit sensor data to a base station, as taught by Cameron. Cameron discloses integrating GPS and communication circuitry into a portable sensor device to provide location tagged transmission. An ordinary skill in the art would have been motivated to incorporate these features to enable location-aware monitoring and remote data reporting, which constitutes a predictable use of known techniques to improve a known system.
With respect to claim 18, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. HANSEN further in view of the interior pouch is adapted to receive the external asthma inhaler device (The spirometer 1 is to be used by a user exhaling air into a mouthpiece 2 or inhaling air through the mouthpiece 2, para. [0040]) by sliding the external asthma inhaler into the interior pouch (see Figs. 1 and 2 that illustrate the stowed and extended version of spirometer 1).
With respect to claim 19, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. Cameron further discloses one or more microphones adjacent to the mouthpiece of the spirometer (see Figs. 1 and 11), wherein the sensor data transmitted by the hardware circuitry further comprises breathing sounds recorded via the one or more microphones (The vapor device 900 can comprise an audio interface 906. The microphone 908 can receive audio signals and provide the audio signals to a processor for interpretation into one or more commands to control one or more functions of the exemplary vapor device 900, para. [0097]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify HANSEN to include one or more microphones adjacent to the mouthpiece as taught by Cameron, in order to capture breathing sounds for processing. Such a modification represents a predictable use of known audio sensing techniques to supplement respiratory measurements, with a reasonable expectation of success.
With respect to claim 20, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. HANSEN is silent about a pulse oximeter device integrated with the carrying case, wherein the pulse oximeter device is located in an inner tube of the spirometer device, wherein the sensor data transmitted by the hardware circuitry further comprises data obtained by the pulse oximeter device.
Cheng further discloses the use of pulse oximeter in air quality-health impacts assessment real-time air pollution assessment (Para. [0019]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen to integrate a pulse oximeter device with the spirometer system, including locating the pulse oximeter within an inner tube of the spirometer and transmitting pulse oximetry data with the other sensor data. Cheng teaches using pulse oximeter in air quality health impact assessments, and an ordinarily skilled artesian would have been motivated to combine these teachings to correlate respiratory measurements with blood oxygen data, yielding predictable results with a reasonable expectation of success.
With respect to claim 21, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. Cameron further discloses the hardware circuitry is configured to communicate with the base station using cellular communications (see Fig. 1 that shows processor 102, sensors 116 and 136, GPS 118, and network access device 106 for receiving and transmitting vapor device information; see also para. 0040]- [0041]).
Accordingly, it would have been obvious to one of ordinary skill in the art to further modify Hansen to include the hardware circuitry is configured to communicate with the base station using cellular communications, as taught by Cameron. Cameron discloses integrating GPS and communication circuitry into a portable sensor device to provide location tagged transmission. An ordinary skill in the art would have been motivated to incorporate these features to enable location-aware monitoring and remote data reporting, which constitutes a predictable use of known techniques to improve a known system.
With respect to claim 22, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. Cameron further discloses the hardware circuitry is configured to communicate with the base station using WiFi communications (WiFi (IEEE 802.11) communication channel, paras. [0043], [0120]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen to include hardware circuitry that is configured to communicate with the base station using WiFi communications as taught by Cameron. Cameron discloses WiFi communication protocol to provide cellular communication capability with the plurality of air quality sensors. An ordinary skill in the art would have been motivated to incorporate these features to enable location-aware monitoring and remote data reporting, which constitutes a predictable use of known techniques to improve a known system.
With respect to claim 23, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. Cameron further discloses the hardware circuitry is configured to communicate with a local air quality measurement and calibration (AQMC) station using short range communications (Bluetooth communication means with the plurality of devices, para, [0113]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen to include a Bluetooth communication channel in order to communicate with the base station as taught by Cameron. Cameron discloses Bluetooth communication protocol (short range) to provide cellular communication capability with the plurality of air quality sensors. An ordinary skill in the art would have been motivated to incorporate these features to enable location-aware monitoring and remote data reporting, which constitutes a predictable use of known techniques to improve a known system.
With respect to claim 24, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. Cameron further discloses the hardware circuitry is configured to transmit usage data indicating a volume of air inspired and expired by the lungs of a plurality of users during use of the spirometer device (See fig. 1 that shows the electronics of the vapor device).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen, Cheng, and Cameron to transmit usage data indicating a volume of air inspired and expired by lungs of a plurality of users, as taught by Cameron. An ordinary skill in the art would have been motivated to incorporate such functionality to enable remote monitoring and reporting of respiratory usage data, representing a predictable use of known communication techniques to improve a known system.
With respect to claim 25, HANSEN, Cheng, and Cameron disclose the system of claim 17 above. Cameron further discloses the sensor data is provided with the location data (location services, paras. [0045], [0074]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen, Cheng, and Cameron to provide the sensor data with location data, as taught by Cameron. An ordinary skill would have been motivated to incorporate such functionality to enable location aware monitoring and reporting of sensor information, representing a predictable use of known location services to improve a known system.
With respect to claim 26, HANSEN, Cheng, and Cameron disclose the system of claim 19 above. Cameron further discloses the breathing sounds are recorded during usage of the spirometer device and the external inhaler device (various patterns of beeps, sounds, and/or voice recordings can be utilized to provide the audio information to the user, para. [0065], [0107]).
Accordingly, it would have been obvious to one of ordinary skill in the art to modify Hansen, Cheng, and Cameron to record breathing sounds during use of the spirometer device, as taught by Cameron. An ordinary skill would have been motivated to incorporate such audio recording functionality to provide breathing related information and user feedback, thereby improving monitoring and assessment capabilities through the predictable use of known audio processing techniques in a known system.
Conclusion
THIS ACTION IS MADE FINAL. 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 GEDEON M KIDANU whose telephone number is (571)270-0591. The examiner can normally be reached 8-4.
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/GEDEON M KIDANU/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
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