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
Claims 9-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 14th, 2026.
Applicant’s election without traverse of Group I (Claims 1-8) in the reply filed on January 14th, 2026 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“port opening mechanism” in Claim 3: [0020] of the Applicant’s Specification recites wherein “the port 112 has detents 118 into which projections 120 on the port coupler 114 snap to allow for twisting of the coupler 114 and tube 116 to open a passage 122 for air breathed into the tube 116 to pass into the breathalyzer 110 via tube 116, port coupler 114, and opening 122 in port 112 effected by the opening motion described above. It should be understood that different opening mechanisms may be employed without departing from the scope of the disclosure, and that such opening mechanisms would be evident to one of skill in the art, and as such, are not described further herein”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites “a port opening mechanism actuated by moving the port from the first stowed position to the second active position, coupling the tube to the port, pressing the tube and port coupler to open the port, and twisting the tube and port coupler to activate the breathalyzer” in lines 5-8. It is unclear as to what the term “port opening mechanism” exactly entails because it is not defined by either the claim or specification, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Although [0020] of the Applicant’s Specification recites wherein “the port 112 has detents 118 into which projections 120 on the port coupler 114 snap to allow for twisting of the coupler 114 and tube 116 to open a passage 122 for air breathed into the tube 116 to pass into the breathalyzer 110 via tube 116, port coupler 114, and opening 122 in port 112 effected by the opening motion described above. It should be understood that different opening mechanisms may be employed without departing from the scope of the disclosure, and that such opening mechanisms would be evident to one of skill in the art, and as such, are not described further herein”, it is still unclear as to how the “port opening mechanism” completes all the aforementioned functions of Claim 3. As best understood, the Examiner will be interpreting the “port opening mechanism” to be any type of opening mechanism.
Claim 4 recites “wherein the smart watch is coupled to display output from the blood alcohol tester upon use thereof” in lines 1-2. It is unclear as to what this limitation entails, as Claim 1 previously recited that the smart watch is “coupled to the band” and has a “face and a display”. For examination purposes, the Examiner will interpret this limitation as “wherein the smart watch is configured to display an output from the blood alcohol tester upon use thereof”.
Claim 5 recites the limitation "the user" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 1-2 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spector et al (U.S. Publication No. 2022/0240849).
Regarding Claim 1, Spector discloses a wearable device, comprising:
a band (the wearable devices 100 comprise an outer band that is generally annularly-shaped (e.g., are in the shape of a band), having a general shape that is similar to a watch band or fitness tracker band; [0062]; The wearable device 300 comprises first and second straps 310A, 310B; [0098]; Figures 19-20); and
a smart watch coupled to the band (wherein the band is configured for attachment to a smartwatch; and wherein the indicator is a display of the smartwatch; [0028]; smartwatch 400; [0098]; Figure 19), and having a face and a display (when the indicator is part of the wearable device, an indicator 180, which can be in the form of a screen, one or more light sources (e.g., light emitting diodes, or LEDs) or any other suitable indicator type by which information can be transmitted visually to the user, is provided on the first band portion 110A; [0074], [0082], [0086-0088]; indicator 480 (e.g., the display); [0098]; Figure 19); and
a blood alcohol tester integrated with the smart watch, the blood alcohol tester coupled to the smart watch to provide blood alcohol reports to the smart watch upon testing for blood alcohol level (the wearable device 100 can be used to determine a level of alcohol and tetrahydrocannabinol (THC) in the blood…illumination of light sources emitting other colors may be initiated based on detection by the wearable device 100 of any of a plurality of levels of intoxication (e.g., correlated to a BAC value) due to ingestion of alcohol; [0068]; FIGS. 19 and 20 show an example embodiment of a wearable device, generally designated 200, used to detect intoxication of the wearer, as integrated into a smartwatch, generally designated 400; [0098]).
Regarding Claim 2, Spector discloses wherein the blood alcohol tester is a breathalyzer (Via the wearable device, the system is configured to obtain a breath sample from the user; analyze at least a portion of the chemical composition of the breath sample; determine, based on the chemical composition analysis, a blood alcohol content (BAC) of the user; and produce personalized results (e.g., via a coordinated smartphone application) for the user to increase safety and responsibility of the user; [0057]; The wearable device 100 has…first housing 120 is an analytical housing, in which the contents of the breath of the user are analyzed to determine, at least in part, a level of intoxication of the user [0073]; In order to receive a breath sample from a user, the wearable device 100 comprises a sample intake port 140, which is formed in and through, at least partially, the first band portion 110A in the radial direction of the wearable device 100; [0077]; FIGS. 19 and 20 show an example embodiment of a wearable device, generally designated 200, used to detect intoxication of the wearer, as integrated into a smartwatch, generally designated 400…the housing 320 has formed therein a sample intake port 340, in which a sample from the user can be provided directly and/or via use of an induction tube (e.g., 135, FIGS. 6 and 7)…the indicator 480 is configured to show, numerically and/or graphically, the level of intoxication of the wearer as determined based on the results of analysis of the sample; [0098]).
Regarding Claim 4, Spector discloses wherein the smart watch is coupled to display output from the blood alcohol tester upon use thereof (By way of non-limiting illustrative example, it is contemplated that a user may set, in the mobile software application, illumination of a green light source when a level of intoxication correlated to a BAC value of less than or equal to 0.07 is detected by the wearable device 100; illumination of a yellow light source when a level of intoxication correlated to a BAC of greater than 0.08 (e.g., the threshold BAC value for intoxication in the United States when operating a vehicle) is detected by the wearable device 100; and illumination of a red light source when a level of intoxication correlated to a BAC value of 0.12 is detected by the wearable device 100. In this illustrative example, the illumination of the red light source when the level of intoxication correlated to a BAC value of 0.12 or greater may be used to indicate that the user should cease ingestion of the intoxicant and, if necessary, seek help. In some example embodiments, the wearable device 100 comprises further other light sources, which may be illuminated based on, for example, user settings or based on detection by the wearable device 100 of one or more predefined conditions…illumination of light sources emitting other colors may be initiated based on detection by the wearable device 100 of any of a plurality of levels of intoxication (e.g., correlated to a BAC value) due to ingestion of alcohol; [0067-0068]; FIGS. 19 and 20 show an example embodiment of a wearable device, generally designated 200, used to detect intoxication of the wearer, as integrated into a smartwatch, generally designated 400…the housing 320 has formed therein a sample intake port 340, in which a sample from the user can be provided directly and/or via use of an induction tube (e.g., 135, FIGS. 6 and 7)…the indicator 480 is configured to show, numerically and/or graphically, the level of intoxication of the wearer as determined based on the results of analysis of the sample; [0098]).
Regarding Claim 5, Spector discloses wherein the wearable device further comprises a lock for the band, the lock configured to retain the wearable device on a wrist of the user (As shown in FIGS. 3 and 4, the first and second band portions 110A, 110B are shaped so as to interlock with each other in a closed position (see, e.g., FIGS. 5-7)…in one or both of each of the recesses 160 and protrusions 162, there are provided magnets 164 that generate a magnetic force therebetween when a protrusion 162 is positioned within a corresponding recess 160, such that the magnetic force operates to clasp and connect together the first and second band portions 110A, 110B, such that the wearable device 100 has a generally circular, or annular, cross-sectional outer profile, or shape; [0071]).
Regarding Claim 6, Spector discloses wherein the wearable device is configured to pair to a cellular telephone for maintaining records related to the blood alcohol tester (The smartphone application is supplied with information (e.g., directly from the user or from a database containing the information, such as during initialization, or registration, of the application) and the determined BAC to produce a qualitative degree of intoxication (e.g., based on a concentration of alcohol or any other intoxicant that can be detected within the breath of the user). Based on a user-specified desired limit of intoxication, a signal (e.g., audible, visual, haptic, etc.) is transmitted to the wearer regarding the degree of intoxication produced. The information received regarding the user can include, for example, weight, height, gender, food intake history (e.g., within a prescribed time period), biological and/or genetic factors, and/or hydration information (e.g., water or other liquid intake over a prescribed time period); [0058]; The wearable devices 100 disclosed herein are further advantageously capable of establishing a wireless connection (e.g., via any suitable wireless communication protocol, including, for example, WiFi®, Bluetooth®, radio frequency ID (RFID), near-field communication (NFC), and the like) with a mobile computing device (e.g., smartphone or other suitable electronic computing device) on which is stored and executed a software application configured to receive and transmit data with the wearable device 100; [0066-0067]; The wearable device 100 also includes a wireless transceiver 170, by which it is capable of establishing a wireless connection (e.g., via any suitable wireless communication protocol, including, for example, WiFi®, Bluetooth®, radio frequency ID (RFID), near-field communication (NFC), and the like) with a mobile computing device (e.g., smartphone or other suitable electronic computing device) on which is stored and executed a software application configured to receive and transmit data with the wearable device 100; [0075]; the computing device can be a mobile phone operating a mobile software application in communication with the wearable device…the mobile software application can give a quantitative intoxication indication to the user; [0082-0088]).
Regarding Claim 7, Spector discloses wherein the wearable device includes an application to store and monitor readings from the blood alcohol tester (The smartphone application is supplied with information (e.g., directly from the user or from a database containing the information, such as during initialization, or registration, of the application) and the determined BAC to produce a qualitative degree of intoxication (e.g., based on a concentration of alcohol or any other intoxicant that can be detected within the breath of the user). Based on a user-specified desired limit of intoxication, a signal (e.g., audible, visual, haptic, etc.) is transmitted to the wearer regarding the degree of intoxication produced. The information received regarding the user can include, for example, weight, height, gender, food intake history (e.g., within a prescribed time period), biological and/or genetic factors, and/or hydration information (e.g., water or other liquid intake over a prescribed time period); [0058]; The wearable devices 100 disclosed herein are further advantageously capable of establishing a wireless connection (e.g., via any suitable wireless communication protocol, including, for example, WiFi®, Bluetooth®, radio frequency ID (RFID), near-field communication (NFC), and the like) with a mobile computing device (e.g., smartphone or other suitable electronic computing device) on which is stored and executed a software application configured to receive and transmit data with the wearable device 100; [0066-0067]; The wearable device 100 also includes a wireless transceiver 170, by which it is capable of establishing a wireless connection (e.g., via any suitable wireless communication protocol, including, for example, WiFi®, Bluetooth®, radio frequency ID (RFID), near-field communication (NFC), and the like) with a mobile computing device (e.g., smartphone or other suitable electronic computing device) on which is stored and executed a software application configured to receive and transmit data with the wearable device 100; [0075]; the computing device can be a mobile phone operating a mobile software application in communication with the wearable device…the mobile software application can give a quantitative intoxication indication to the user; [0082-0088]; the mobile software application is configured to transmit, in realtime and/or periodically, the results of the analysis of the user to one or more persons specified by the user. Such one or more persons can be designated individuals that the user trusts to monitor the level of intoxication of the user; [0109]).
Regarding Claim 8, Spector discloses wherein the blood alcohol tester is configured to use the smart watch to make at least one notification of a determined blood alcohol content to a third party upon use of the blood alcohol tester (the mobile software application is configured to transmit, in realtime and/or periodically, the results of the analysis of the user to one or more persons specified by the user. Such one or more persons can be designated individuals that the user trusts to monitor the level of intoxication of the user; [0109]).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Spector in view of Nothacker et al (U.S. Publication No. 2010/0063408).
Regarding Claim 3, Spector discloses wherein the breathalyzer comprises:
a port (sample intake port 240) that is normally closed (the induction tube assembly 230 is in a stowed position, such that the induction tube 235 attached thereto is not engaged with (e.g., is not in fluid communication with) the sample intake port 240; [0097]; Examiner’s Note: sample intake port 240 is closed when the device is in the stowed position because it is not in fluid communication with the tube at that time);
a port coupler rotatable (the induction tube assembly 230 is not detachable from the housing 220, but is instead pivotably attached (e.g., via pins 232) thereto. The induction tube assembly 230 comprises a cover 234, which has a same outer contour as the portion of the housing 220 immediately surrounding the induction tube assembly 230. The cover 234 is rigidly attached to the pins 232 and the induction tube 235, such that the induction tube 235 and the cover 234 rotate in unison as the induction tube assembly 230 pivotably rotates about the pins 232; [0097]) from a first stowed position (stowed position; Figure 13) to a second active position (deployed position; Figure 18) (As shown in FIG. 13, the induction tube assembly 230 is in a stowed position, such that the induction tube 235 attached thereto is not engaged with (e.g., is not in fluid communication with) the sample intake port 240. FIG. 18 shows the induction tube assembly 230 in a deployed position, in which the induction tube 235 attached thereto is engaged with (e.g., in fluid communication with) the sample intake port 240; [0097]);
a tube (induction tube 235) coupleable to the port coupler (The cover 234 is rigidly attached to the pins 232 and the induction tube 235, such that the induction tube 235 and the cover 234 rotate in unison as the induction tube assembly 230 pivotably rotates about the pins 232. The strap 210 and/or housing 220 have formed therein a sample intake port 240, with which the induction tube 235 is selectively engageable based on an angular position of the induction tube assembly 230; [0097]); and
a port opening mechanism actuated by moving the port from the first stowed position to the second active position (The cover 234 is rigidly attached to the pins 232 and the induction tube 235, such that the induction tube 235 and the cover 234 rotate in unison as the induction tube assembly 230 pivotably rotates about the pins 232…as shown in FIG. 13, the induction tube assembly 230 is in a stowed position, such that the induction tube 235 attached thereto is not engaged with (e.g., is not in fluid communication with) the sample intake port 240. FIG. 18 shows the induction tube assembly 230 in a deployed position, in which the induction tube 235 attached thereto is engaged with (e.g., in fluid communication with) the sample intake port 240; [0097]), coupling the tube to the port to open the port (FIG. 18 shows the induction tube assembly 230 in a deployed position, in which the induction tube 235 attached thereto is engaged with (e.g., in fluid communication with) the sample intake port 240; [0097]), and twisting the tube and port coupler (the induction tube 235 and the cover 234 rotate in unison as the induction tube assembly 230 pivotably rotates about the pins 232…FIG. 18 shows the induction tube assembly 230 in a deployed position, in which the induction tube 235 attached thereto is engaged with (e.g., in fluid communication with) the sample intake port 240; [0097]; Examiner’s Note: The “twisting” of the tube and port coupler is equivalent to the rotation of the induction tube 235 and induction tube assembly 230 from the stowed position to the deployed position).
However, Spector fails to specifically teach pressing the tube and port coupler to open the port, and twisting the tube and port coupler to activate the breathalyzer.
In a similar technical field, Nothacker teaches a breathalyzer having a pivoted mouthpiece (Abstract), comprising:
a port (opening 12A) that is normally closed (opening 12A is closed in the retracted position, as shown in Figure 1A);
a port coupler rotatable (tube assembly 13) from a first stowed position (retracted position; Figure 1A) to a second active position (extended position 1B) (As shown in FIG. 3, the tube assembly 13 preferably comprises a front member 13A having a post 13A1 and also comprises a back member 13B. The mouthpiece 12 is pivotally mounted on the post 13A1 and is captured between the front member 13A and the back member 13B of the tube assembly 13. Preferably, a torsional force is applied to the mouthpiece 12 to induce pivotal movement of the mouthpiece. Accordingly, a torsion spring 18 is provided having a first end 18A secured to the mouthpiece 12, and a second end 18B secured to the front member 13A of the tube assembly 13, which is in turn mounted within the housing 14A, 14B with the mouthpiece in the extended position, as shown in FIG. 1B. Accordingly, when the mouthpiece 12 is retracted, the torsion spring 18 becomes more tightly coiled and is thus biased to pivotally move the mouthpiece 12 from the retracted position shown on FIG. 1A to the extended position shown in FIG. 1B in which the mouthpiece is deployed for receiving the exhaled breath of a person who blows into the mouthpiece; [0019-0020]);
a tube (mouthpiece 12) coupleable to the port coupler (As shown in FIG. 3, the tube assembly 13 preferably comprises a front member 13A having a post 13A1 and also comprises a back member 13B. The mouthpiece 12 is pivotally mounted on the post 13A1 and is captured between the front member 13A and the back member 13B of the tube assembly 13; [0019]); and
a port opening mechanism actuated by moving the port from the first stowed position to the second active position (a torsional force is applied to the mouthpiece 12 to induce pivotal movement of the mouthpiece. Accordingly, a torsion spring 18 is provided having a first end 18A secured to the mouthpiece 12, and a second end 18B secured to the front member 13A of the tube assembly 13, which is in turn mounted within the housing 14A, 14B with the mouthpiece in the extended position, as shown in FIG. 1B. Accordingly, when the mouthpiece 12 is retracted, the torsion spring 18 becomes more tightly coiled and is thus biased to pivotally move the mouthpiece 12 from the retracted position shown on FIG. 1A to the extended position shown in FIG. 1B in which the mouthpiece is deployed for receiving the exhaled breath of a person who blows into the mouthpiece…the breathalyzer 10 also preferably comprises a release mechanism 20 to selectively retain the the mouthpiece 12 in the retracted position and enable the mouthpiece to be deployed to the extended position, as shown in FIGS. 1A and 1B, respectively; [0020-0021]), coupling the tube to the port (Examiner’s Note: the port is the opening 12A of the mouthpiece 12, which is the tube), pressing the tube and port coupler to open the port (when the mouthpiece 12 is retracted, the torsion spring 18 becomes more tightly coiled and is thus biased to pivotally move the mouthpiece 12 from the retracted position shown on FIG. 1A to the extended position shown in FIG. 1B in which the mouthpiece is deployed for receiving the exhaled breath of a person who blows into the mouthpiece…the release mechanism 20 preferably comprises a slide button 22 that is slidably mounted between the front housing member 14A and back housing member 14B…when the release mechanism 20 such as the slide button 22 is manually actuated to compress the slide button spring 24, the protrusion 22A is withdrawn from the opening 12A of the mouthpiece 12, and the mouthpiece pivots from the retracted, closed position shown in FIGS. 1A and 4A, in which the mouthpiece is disposed within a cavity 14C formed within and parallel to the side of the housing 14A, 14B, and is deployed to the extended, open position approximately perpendicular to the side of the housing, as shown in FIGS. 1B and 4B; [0020-0022]), and twisting the tube and port coupler (Examiner’s Note: The “twisting” of the tube and port coupler is equivalent to the rotation of the mouthpiece 12 and tube assembly 13 from the retracted position to the extended position) to activate the breathalyzer (When the mouthpiece 12 deploys to the extended position, a switch 26 on a blood alcohol sensor electronics printed circuit board 28 is actuated to activate blood alcohol sensor electronics comprising the breathalyzer measurement circuitry; [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the release mechanism and activation teachings of Nothacker into the invention of Spector in order to enable the mouthpiece to easily retract for safe storage to protect the mouthpiece from dirt and damage, while making it more convenient for storage and transport, and when actuated, enable the mouthpiece to snap out automatically, provide a closed entryway for airflow, while beginning a warm-up sequence in preparation for a blood alcohol test (Nothacker [0007-0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANEL J JHIN whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J JHIN/Examiner, Art Unit 3791