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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 30, 2025 has been considered by the examiner.
Response to Amendment
The following section is in reference to the Applicant’s Remarks, filed March 16, 2026:
The Applicant’s cancellation of Claims 4, 9-10, 14, and 18-20 has been acknowledged.
The Applicant’s addition of Claims 21-27 has been acknowledged.
The Applicant’s amendments to Claims 1, 3, 8, 12-13 and 17 has been acknowledged.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 7, 11-12, 15-16, and 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Fabian et al. (US 20180078798 A1, hereinafter “Fabian”) in view of Zhu et al. (US 20140081631 A1, hereinafter “Zhu”).
Regarding Claim 1, Fabian discloses: A face mask (Paragraph 0118, FIG. 1 is a perspective side view of a user-wearable self-contained respiratory mask device 100 being worn by a person in accordance with one embodiment) comprising:
a cover shield (Figure 1, mask portion 102) shaped to cover nose and mouth of a wearer, the cover shield having an inner surface that faces the wearer when the cover shield covers the nose and the mouth of the wearer (Paragraph 0118, The user-wearable respiratory mask device 100 includes a mask portion 102 configured to cover the nostrils and mouth of the user and to provide breathing air filtration functionality. The device 100 can include a frame portion 104 configured to provide support for holding the respiratory mask portion 102 against the user's face);
a microphone coupled to the inner surface of the cover shield (Paragraph 0134, The user input modules 440 can include one or more microphones 444. The microphone(s) 444 can be located in or on any practical location on the device 100. In one embodiment, at least one microphone is located within the respiratory mask portion 102 to directly capture a user's spoken voice),
the microphone configured to receive sound waves and further configured to generate audio data based on the received sound waves (Paragraph 0121, The mask portion 102 can also include a microphone 444 (FIG. 4) for recording and/or transmitting the user's voice);
a transceiver (Paragraph 0136, The communications modules 460 can include one or more of: a Bluetooth module 462, a WiFi module 464, an optical (e.g. wireless infrared or fiber optic) transceiver module 466, and an electrical communications module 468) configured to communicate bidirectionally with a mobile device (Paragraph 0137, The Bluetooth module 462 can be integrated with or connected to the microphone 444 and earphones 212 to provide mobile phone call functionality and/or audio playback functionality), (Paragraph 0154, Communications device(s) 612 can include, for example, a network interface or radio transmitter, that interface with the communication media to transmit data over and receive data from signals propagated through communication media. The communication device(s) 612 can include one or more radio transmitters for telephonic communications over cellular telephone networks, and/or wireless connections to a computer network. For example, a cellular connection, a WiFi connection, a Bluetooth connection, and other connections may be present in the computer);
and a controller configured to control the transceiver to transmit the generated audio data to the mobile device (Paragraph 0138, The device electronics system 400 can include a control unit 470 connected to and configured to control and operate the various sensors, user input modules and user output modules. The control unit 470 can include a CPU 472 and memory 474 or a microcontroller. The CPU 470 and memory 472 can be configured to execute an operating system and applications to provide control of an access to the device's features), (Paragraph 0124, The earphone 212 can be connected to or can be part of the device electronic system 400 and can provide audio for music, phone conversations or interactive voice response features).
Fabian describes the controller having a variety of programmable functions and connections to other elements in the overall apparatus, but does not explicitly disclose operating the face mask in a face- to-face mode.
Zhu does disclose wherein the controller is further configured to selectively operate the face mask in a face- to-face mode, wherein in the face-to-face mode, the transceiver is configured to transmit the audio data and an instruction message (Paragraph 0063, The communication interface, in operative communication with the audio signal processing unit 103, transmits the speech signal to the communication device 106 for facilitating wireless communication in a high noise environment. The loudspeaker 104, in operative communication with the audio signal processing unit 103, emits the speech signal and an external speech signal received from the communication device 106 via the communication interface for facilitating personal face-to-face communication and wireless communication in the high noise environment), to the mobile device, the instruction message comprising a command to output the sound waves on a speaker of the mobile device (Paragraph 0067, The loudspeaker 104 is used for face-to-face communications and the radio interface 105 connects the noise cancellation device 100 to a communication device 106 such as the radio for wireless communications as disclosed in the detailed description of FIG. 1), (Paragraph 0017, The communication device is a portable handheld device, for example, a radio, a handheld transceiver such as a walkie-talkie, etc., used for wireless communication between users), (Paragraph 0093, [0093] FIG. 18 illustrates a wearable communication system 1800 for personal face-to-face communication and wireless communication in a high noise environment. The wearable communication system 1800 comprises the noise cancellation device 100 and a wireless coupling device 1801. The noise cancellation device 100 and the wireless coupling device 1801 communicate with each other through a wired connection or a wireless connection, for example, via a two way Bluetooth™ of Bluetooth Sig, Inc., connection).
Both Zhu and Fabian disclose face mask systems that include controllable audio elements to aid in communication while wearing the apparatus. It would have been obvious to one skilled in the art before the effective filing date to incorporate the varying communication modes taught by Zhu with the communication module disclosed by Fabian, so as to provide a hands-free and effective communication system for a mask wearer (Zhu, Paragraph 0022, The wearable communication system disclosed herein provides a communication solution for firefighters, first responders, and other users who work in extremely noisy and hazardous environments and must communicate wearing a protective face mask such as a self contained breathing apparatus face mask or other personal protective equipment. The wearable communication system provides clear, hands free, face-to-face, and wireless communications, for example, radio communication in high noise environments when a protective face mask is worn and also when a protective face mask is not worn).
Regarding Claim 7, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: further comprising: a pair of extension panels coupled to opposite ends of the cover shield, wherein the pair of extension panels extend from the opposite ends of the cover shield towards the ears of the wearer (Figures 2-3, Paragraph 0120, The mask portion 102 can include a replaceable air filter 202. The filter 202 can be placed on one side of the respiratory mask portion, one filter 202 can be placed on each of two sides, or the whole mask portion can be made of or covered with filter material with an optional exhalation valve), (Paragraph 0184, The harness 701 and mask portion 702 may be formed in a modular fashion, with physical and electrical connections being separable as shown in FIG. 7E).
Regarding Claim 11, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: wherein the microphone is positioned to the cover shield such that, in use, the microphone is facing the mouth of the wearer (Paragraph 0134, The user input modules 440 can include one or more microphones 444. The microphone(s) 444 can be located in or on any practical location on the device 100. In one embodiment, at least one microphone is located within the respiratory mask portion 102 to directly capture a user's spoken voice).
Regarding Claim 12, Fabian in view of Zhu discloses all of the limitations of Claim 1. Zhu further discloses: a second speaker configured to amplify the sound waves received by the microphone (Paragraph 0093, As exemplarily illustrated in FIG. 18, the noise cancellation device 100 further comprises the digital signal processing unit 200, a front loudspeaker 1806, a rear loudspeaker 1808, and a first communication module 1809).
Regarding Claim 15, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: a sensing device coupled to the cover shield (Paragraph 0121, In accordance with one embodiment, the mask portion 102 incorporates or houses physiological sensors 410 (FIG. 4) for monitoring physiological conditions of the user),
the sensing device configured to provide a measurement (Paragraph 0128, The device electronic system 400 can include one or more physiological sensors 410 configured to monitor physiological properties of the body of a user of the device 100. The physiological sensors 410 can include, for example, a skin or body temperature sensor 412, a heart rate sensor or monitor 414, and a blood oxygen sensor or pulse oximeter 416),
wherein the transceiver (Paragraph 0136, The communications modules 460 can include one or more of: a Bluetooth module 462, a WiFi module 464, an optical (e.g. wireless infrared or fiber optic) transceiver module 466, and an electrical communications module 468) is further configured to transmit the measurement to the mobile device (Paragraph 0137, Additional features supported through a Bluetooth connection can also be provided, such as Bluetooth data synchronization or data transfer).
Regarding Claim 16, Fabian in view of Zhu discloses all of the limitations of Claim 15. Fabian further discloses: an analytic processor (Paragraph 0138, The device electronics system 400 can include a control unit 470 connected to and configured to control and operate the various sensors, user input modules and user output modules. The control unit 470 can include a CPU 472 and memory 474 or a microcontroller. The CPU 470 and memory 472 can be configured to execute an operating system and applications to provide control of an access to the device's features) configured to assess well-being of the wearer based on the measurement (Paragraph 0132, some or all of the physiological sensors can be placed in or on the respiratory mask portion 102 to collect information from, on or near the user's nose and/or mouth. For example, the air pressure sensor 424 can be positioned within the respiratory mask portion 102, and pressure readings can be analyzed, for example, to determine a user's breathing rate or otherwise characterize the user's breathing),
and further configured to generate a warning signal based on the assessment (Paragraph 0308, the respiratory mask may issue alerts based on the sensor outputs. For example, if heart rate, temperature or pressure sensors stray from a normal range, an alert may be sent to ask the user to confirm their health. If there is no response, a further alert may be sent to emergency services, including position information for the user),
wherein the transceiver is further configured to transmit the warning signal to the mobile device (Paragraph 0137, Additional features supported through a Bluetooth connection can also be provided, such as Bluetooth data synchronization or data transfer).
Regarding Claim 22, Fabian in view of Zhu discloses all of the limitations of Claim 1. Zhu further discloses: wherein the controller is further configured to selectively operate the face mask in an over-the-air mode, wherein in in the over-the-air mode, the transceiver is configured to transmit the audio data, to the mobile device, and/or receive incoming audio data, from the mobile device (Paragraph 0009, The method and the wearable communication system disclosed herein address the above stated needs for a noise cancellation device that supports personal face-to-face communication, person-to-radio communication, and wireless communication in a high noise environment, and works effectively in the high noise environment through radios in a push to talk (PTT) communication mode and a voice operated switch (VOX) communication mode, with and without radios), (Paragraph 0017, The communication interface, for example, a radio interface of the noise cancellation device supports person-to-radio communications by enabling the noise cancellation device to output clean speech signals to the communication device, for example, a radio. As used herein, the phrase "communication interface" refers to a systems interface or a network interface, for example, a radio interface between two devices in a network. The communication interface connects the noise cancellation device to the communication device. The communication interface, in operative communication with the audio signal processing unit, transmits the speech signal to the communication device for facilitating wireless communication in high noise environments).
Regarding Claim 23, Fabian in view of Zhu discloses all of the limitations of Claim 22. Zhu further discloses: wherein the controller is further configured to selectively operate the face mask one of the over-the-air mode or face-to-face mode, based on a mode selection input provided by a user (Paragraph 0101, The voice activity detection unit 407 detects whether speech exists, which is used as an input to the voice operated switch (VOX) 1901. The push to talk (PTT)/VOX switch 1902 allows the user to switch between the PTT communication mode and the VOX communication mode. When switched to the PTT communication mode, a PTT button 2302 exemplarily illustrated in FIGS. 23A-23C and FIG. 23E, can be pressed and released to function in the PTT communication mode).
Regarding Claim 24, Fabian in view of Zhu discloses all of the limitations of Claim 23. Zhu further discloses: a voice recognition module configured to recognise voice commands in the sound waves received in the microphone, and further configured to generate controller signals based on the recognised voice commands, wherein the mode selection input is provided through the controller signals generated by the voice recognition module (Paragraph 0102, 0102] When the push to talk (PTT) button 2302 is pressed or voice is detected by the voice activity detection unit 407 operating in a voice operated switch (VOX) communication mode, that is, either the VOX 1901 or the push to talk (PTT) switch is at 1, the noise cancellation device 100 transmits the user's voice through the communication device 106, exemplarily illustrated in FIG. 18, such as the radio to allow the other users to hear the user's or the speaker's voice clearly at a distance).
Regarding Claim 25, Fabian in view of Zhu discloses all of the limitations of Claim 23. Zhu further discloses: a mode switch operable to provide the mode selection input (Paragraph 0102, When the push to talk (PTT) button 2302 is pressed or voice is detected by the voice activity detection unit 407 operating in a voice operated switch (VOX) communication mode, that is, either the VOX 1901 or the push to talk (PTT) switch is at 1, the noise cancellation device 100 transmits the user's voice through the communication device 106, exemplarily illustrated in FIG. 18, such as the radio to allow the other users to hear the user's or the speaker's voice clearly at a distance).
Regarding Claim 26, Fabian in view of Zhu discloses all of the limitations of Claim 23. Fabian further discloses: wherein the transceiver is further configured to receive a third command comprising the mode selection input from the mobile device (Paragraph 0079, Preferably the user input modules comprise one or more control buttons).
Regarding Claim 27, Fabian in view of Zhu discloses all of the limitations of Claim 1. Zhu further discloses: wherein the microphone is further configured to digitally encode the sound waves to generate the audio data, packetize the audio data to generate the packetized audio data, and wherein the transceiver is configured to transmit the packetized audio data over a short range wireless network and the instruction message, to the mobile device (Figure 25, Paragraph 0116, [0116] The noise cancellation device 100 converts 2504 the received voice vibrations into an audio signal. The digital signal processing unit 200 of the noise cancellation device 100 processes 2505 the audio signal by removing noise signals from the audio signal, and enhancing a speech signal contained in the audio signal. The noise cancellation device 100 then transmits 2506 the speech signal from the noise cancellation device 100 to the wireless coupling device 1801 via the first communication module 1809 of the noise cancellation device 100 for facilitating wireless communication through the communication device 106 in the high noise environment and, for example, to the front loudspeaker 1806 for facilitating personal face-to-face communication in the high noise environment. The front loudspeaker 1806, in operative communication with the digital signal processing unit 200, emits the speech signal during personal face-to-face communication. The noise cancellation device 100 receives 2507 the external speech signal transmitted by the communication device 106 via the second communication module 1801b of the wireless coupling device 1801 during the wireless communication. The rear loudspeaker 1808 emits the external speech signal transmitted by the communication device 106 during the wireless communication).
Claim 2, 5-6, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fabian (US 20180078798 A1) in view of Zhu (US 20140081631 A1), further in view of Freres et al. (US 20170080262 A, hereinafter “Freres”).
Regarding Claim 2, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: a notification module coupled to the cover shield (Paragraph 0135, The indicator lights 454 can be used to indicate various operating conditions of the device such as, for example, power on status, battery status, or in phone call status), (Paragraph 0308, the respiratory mask may issue alerts based on the sensor outputs. For example, if heart rate, temperature or pressure sensors stray from a normal range, an alert may be sent to ask the user to confirm their health. If there is no response, a further alert may be sent to emergency services, including position information for the user), and wherein the transceiver is configured to receive signals from the mobile device (Paragraph 0136, The communications modules 460 can include one or more of: a Bluetooth module 462, a WiFi module 464, an optical (e.g. wireless infrared or fiber optic) transceiver module 466, and an electrical communications module 468), (Paragraph 0137, The Bluetooth module 462 can be integrated with or connected to the microphone 444 and earphones 212 to provide mobile phone call functionality and/or audio playback functionality).
However, Fabian does not explicitly disclose a status signal indicative of an incoming phone call on the mobile device, but does teach “mobile phone call functionality” incorporated in the communications module.
Freres does disclose: a notification module coupled to the cover shield (Paragraph 0080, mask (10) may comprise either a half-mask face protector (100) (FIGS. 1A, 1B), or a full-mask face protector (200) (FIGS. 2A, 2B). Depending on user preference, mask (10) may further comprise a basic communications module (300) (FIGS. 12-14), an intermediate communications module (500) (FIGS. 21-23) or an advanced communications module (700) (FIGS. 30-32)),
wherein the transceiver is configured to receive from the mobile device, a status signal indicative of an incoming phone call on the mobile device (Paragraph 0118, Advanced communications module (700) also provides operators the ability to connect (either with wireless media connection module (733) connection or direct 3.5 mm conventional auxiliary wire) with media devices (724), allowing operators to listen to music, access information, place and receive phone calls, and otherwise utilize the functional capabilities of media device (724) during use of mask (10)),
and wherein in response to the transceiver receiving the status signal, the controller is further configured to control the notification module to generate a notification signal for informing the wearer about the incoming phone call (Paragraph 0127, While the direct connection to media device (724) is on, phone calls made to media device (724) will ring advanced communications module (700), and pressing media button (814) of replaceable advanced selection panel (800) will answer the phone call. Pressing media button (814) again quickly will disconnect the phone call).
It would have been obvious to one skilled in the art before the effective filing date to modify the art-recognized teachings of notification and alert features taught by Fabian to incorporate control elements focused on easing phone access while safely utilizing a protective face mask (Freres, Paragraph 0016, the inventive mask allows onsite workers to communicate with each other, and access external electronic devices, including smart phones and tablets, all while maintaining their respirator masks in a fully engaged, secured position to diminish or eliminate workplace toxin exposure).
Regarding Claim 5, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: an answer button operable to provide a user input (Paragraph 0134, The device electronics system 400 can include one or more user input modules 440 through which a user can provide input to the device electronic system 400. The user input modules 440 can include one or more control buttons 442. The control buttons 442 can be located in or on any practical location on the device 100, such as on the frame portion 104), and the controller is configured to transmit to the mobile device, a command signal comprising instructions for the mobile device (Paragraph 0138, The device electronics system 400 can include a control unit 470 connected to and configured to control and operate the various sensors, user input modules and user output modules. The control unit 470 can include a CPU 472 and memory 474 or a microcontroller. The CPU 470 and memory 472 can be configured to execute an operating system and applications to provide control of an access to the device's features).
Fabian does not explicitly disclose that pressing said button results in a command signal comprising instructions for the mobile device to answer a phone call.
Freres explicitly discloses: an answer button operable to provide a user input (Paragraph 0127, While the direct connection to media device (724) is on, phone calls made to media device (724) will ring advanced communications module (700), and pressing media button (814) of replaceable advanced selection panel (800) will answer the phone call. Pressing media button (814) again quickly will disconnect the phone call),
wherein in response to the answer button being operated, the controller is configured to transmit to the mobile device, a command signal comprising instructions for the mobile device to answer a phone call (Paragraph 0129, While the wireless media connection module (733) connection to media device (724) is on, phone calls made to media device (724) will ring advanced communications module (700), and pressing media button (814) will answer the phone call. Pressing media button (814) again will disconnect the phone call. Holding media button (814) for approximately 6 seconds deletes the secure connection between media device (724) and wireless media connection module (733), so that advanced communications module (700) is free to connect with another media device (724)).
Both Freres and Fabian in view of Zhu disclose face masks with electronically controlled components to aid in communication. It would have been obvious to one skilled in the art before the effective filing date to incorporate the communications module taught by Freres as to provide clear instructions for the control unit disclosed by Fabian and to improve user communications while wearing a mask assembly (Fabian, Paragraph 0033, Significantly, the inventive mask solves a major problem in the industry, which involves the challenge of effectuating clear communications in an environment requiring protective mask use, without the necessity of removing the protective mask. Removing a protective mask to speak with a co-worker, answer a cell phone call, listen to music on an external device, or otherwise facilitate communications with others, obviates the protective aspects of such a mask, and puts the mask user in harm's way. The inventive protective mask is fabricated to allow its users to engage such communications, and more, without removing the inventive protective mask in order to achieve communications)
Regarding Claim 6, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: wherein the transceiver is configured to receive a call connection status signal indicative of a connected phone call (Paragraph 0118, Advanced communications module (700) also provides operators the ability to connect (either with wireless media connection module (733) connection or direct 3.5 mm conventional auxiliary wire) with media devices (724), allowing operators to listen to music, access information, place and receive phone calls, and otherwise utilize the functional capabilities of media device (724) during use of mask (10)),
and wherein the transceiver is further configured to transmit the audio data to the mobile device, in response to receiving the connection status signal (Paragraph 0129, While the wireless media connection module (733) connection to media device (724) is on, phone calls made to media device (724) will ring advanced communications module (700), and pressing media button (814) will answer the phone call. Pressing media button (814) again will disconnect the phone call. Holding media button (814) for approximately 6 seconds deletes the secure connection between media device (724) and wireless media connection module (733), so that advanced communications module (700) is free to connect with another media device (724)).
Both Freres and Fabian in view of Zhu disclose face masks with electronically controlled components to aid in communication. It would have been obvious to one skilled in the art before the effective filing date to incorporate the communications module taught by Freres as to provide clear instructions for the control unit disclosed by Fabian and to improve user communications while wearing a mask assembly (Fabian, Paragraph 0033, Significantly, the inventive mask solves a major problem in the industry, which involves the challenge of effectuating clear communications in an environment requiring protective mask use, without the necessity of removing the protective mask. Removing a protective mask to speak with a co-worker, answer a cell phone call, listen to music on an external device, or otherwise facilitate communications with others, obviates the protective aspects of such a mask, and puts the mask user in harm's way. The inventive protective mask is fabricated to allow its users to engage such communications, and more, without removing the inventive protective mask in order to achieve communications)
Regarding Claim 21, Fabian in view of Zhu discloses all of the limitations of Claim 1. Fabian further discloses: wherein the instruction message comprises a second command to turn on the speaker (Paragraph 0135, The device electronics system 400 can include one or more user output modules 450 through which the device electronic system 400 can output information to a user of the device or to other people in proximity to the user […] The user output module can include a speaker that the user can utilize to transmit his/her voice or play other sounds (music, recorded speech, recorded noises, etc.)), (Paragraph 0140, The device electronics system 400 can include a power unit 490 configured to provide power to the control unit 470, the sensors, the user input and output modules and the communications modules).
If the Applicant is not convinced, Freres more explicitly teaches wherein the instruction message comprises a second command to turn on the speaker (Paragraph 0099, Handheld communications module (900) further comprises at least one speaker (904) to broadcast transmitted and received intercom transmissions. Handheld communications module (900) further comprises at least one light-emitting diode device (906) to display handheld communications module (900) status during use, and power button (908) to activate and deactivate handheld communications module (900)), (Paragraph 0112, During use of mask (10), an operator can control mask (10) microphones and speakers by pressing speaker button (612) on replaceable intermediate selection panel (600). For instance, pressing speaker button (612) on replaceable intermediate selection panel (600) turns on or off exterior speaker(s) (112) of half-mask face protector (100), or exterior speaker(s) (214) of full-mask face protector (200), depending on which face protector is selected for use)
It would have been obvious to one skilled in the art before the effective filing date to modify the art-recognized teachings of notification and alert features taught by Fabian to incorporate control elements focused on easing phone access while safely utilizing a protective face mask (Freres, Paragraph 0016, the inventive mask allows onsite workers to communicate with each other, and access external electronic devices, including smart phones and tablets, all while maintaining their respirator masks in a fully engaged, secured position to diminish or eliminate workplace toxin exposure).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fabian (US 20180078798 A1) in view of Zhu (US 20140081631 A1), in view of Freres (US 20170080262 A), further in view of Choi (US 2017157435 A1).
Regarding Claim 3, Fabian in view of Zhu and Freres discloses all of the limitations of Claim 2. Freres further discloses: wherein the notification module comprises a speaker (Paragraph 0118, Advanced communications module (700) allows an operator to use interior microphone (110) and external speaker(s) (112) of half-mask face protector (100), or interior microphone (212) and exterior speaker(s) (214) of full-mask face protector (200), to facilitate short distance communications, and a wireless transmitter/receiver as an intercom to facilitate communications at a longer distance between other users of intermediate communications module (500), advanced communications module (700), or handheld communications module (900) (such as between users who are in separate rooms, on different floors, or otherwise out of the line-of-sight of other operators in a location)).
Though the combination does not explicitly describe that the notification is a sound, but it would have been obvious to one of ordinary skill in the art to incorporate the common, art-recognized feature of a notification sound. However, if the Applicant is not convinced, Choi more explicitly discloses wherein the notification signal is a sound (Figure 28, sound signal generator 930), (Paragraph 0428, Further, the aforementioned central processing part (900) generates alarm signal through speaker (290) and vibration stimulator (930) to inform the user if the aforementioned various bio indexes are out of the preset bio indexes. At this time, the change rate of bio index for alarm can be adjusted according to the condition of the user that the aforementioned central processing part (900) analyses bio profile of each user and to calculate statistical data for each state for calculation of appropriate setting value)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fabian (US 20180078798 A1) in view of Zhu, in view of Williams (US 20050172959 A1), further in view of Choi (US 20170157435 A1)
Regarding Claim 8, Fabian in view of Zhu discloses all of the limitations of Claim 7. Fabian further discloses an acoustic transducer coupled to one extension panel of the pair of extension panels (Paragraph 0153, By way of example, and not limitation, communication media includes wired media such as a wired network or direct-wired connection, and wireless media include any non-wired communication media that allows propagation of signals, such as acoustic, electromagnetic, electrical, optical, infrared, radio frequency and other signals),
wherein the transceiver is further configured to receive audio data from the mobile device (Paragraph 0154, Communications device(s) 612 can include, for example, a network interface or radio transmitter, that interface with the communication media to transmit data over and receive data from signals propagated through communication media).
Fabian does not explicitly disclose convert[ing] received audio data into sound waves
Williams does disclose: an acoustic transducer (Paragraph 0053, The transmitter apparatus 13 is a removable device that is received in the receptacle 26 in the breathing apparatus 12 to permit the transmitter apparatus 13 to receive acoustic utterances made by the wearer of the mask and to transmit electromagnetic radiation representing the acoustic utterances for reception by a receiver),
wherein the transceiver is further configured to receive audio data from the mobile device (Paragraph 0068, The receiver block 84 includes a demodulator 90 for demodulating signals received at the antenna 82 into baseband signals which are provided to an amplifier 92 which amplifies the baseband signals and provides them to a filter 94, which ultimately causes signals to be provided to a speaker 96),
and wherein the acoustic transducer is configured to convert the received audio data to sound waves (Paragraph 0068, Thus, the electromagnetic radiation received from the transmitter apparatus shown in FIGS. 1, 2 or 3 is received at the antenna 82 of the receiver and demodulated so that a reproduction of the acoustic utterances originally detected by a transmitting transmitter apparatus 14 is broadcast on the speaker 96. This is the normal mode of operation and thus the speaker 96 continuously broadcasts a reproduction of the acoustic utterances in response to receipt of electromagnetic radiation from at least one of the transmitters).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Williams with Fabian in view of Zhu, so as to provide a clear means of data and sound transference between selected devices. The use of acoustic transducers is well known in the art of breathing apparatuses, especially those used by emergency responders like fire fighters (Williams, Paragraphs 0004-0005, Communication between fire fighters wearing a self-contained breathing apparatus, such as a face mask, for example, is extremely difficult under the best conditions and almost impossible in most fire situations […] Existing mechanisms typically employ a microphone which is "push-to-talk" activated and coupled via an interface box and corded link to a speaker placed in proximity to a wearer's ear, thereby providing a walkie-talkie type arrangement)
Fabian in view of Zhu and William further discloses a pulse [or temperature] sensor (Paragraph 0128, The device electronic system 400 can include one or more physiological sensors 410 configured to monitor physiological properties of the body of a user of the device 100. The physiological sensors 410 can include, for example, a skin or body temperature sensor 412, a heart rate sensor or monitor 414, and a blood oxygen sensor or pulse oximeter 416)
and wherein the pulse [or temperature] sensor is configured to measure pulse of blood flow [or temperature] (Paragraph 0130, The location of the heart rate sensor in the preferred embodiment may be on either or both sides of the skull behind the ear on the Mastoid Process. The heart rate sensor will be held off a slight distance from the skin (1 mm) in this instance)
Fabian does not explicitly disclose positioning the sensor at the temple of the wearer, but changing the location of the sensor would be an obvious modification. However, if the Applicant is not convinced, Choi more explicitly discloses: a pulse [or temperature] sensor coupled to one extension panel of the pair of extension panels (Paragraph 0244, the right and left carotid arteries and the left and right temples and the biological signal measuring device (200) are properly fixed in place to maintain close contact),
wherein the extension panels cover temples of the wearer (Paragraph 0131, the mask is also composed of combination of left-right upper/lower curve parts (111a, 111b) where the measuring device is composed to be attached and detached. The mask is also formed with extension as a whole with the upper left-right contact part (111) which includes the upper part (112a) and lower part (112b),
and wherein the pulse [or temperature] sensor is configured to measure pulse of blood flow [or temperature] at the temple of the wearer (Paragraph 0413, The aforementioned 1 and 2 electrocardiogram sensors part (500L, 500R), EEG sensor part (550), body temperature sensor part (520), acceleration sensor part (530), sound sensing part (540), PPG sensor part (510) are contacted with at least one of the body parts of the user and consists of at least one sensor which senses various bio-signals from the aforementioned contact parts. This can consists of one or more channels. Especially, the 1 and 2 electrocardiogram sensor parts (500L, 500R) can consists of multiple channels. The aforementioned sensors can protrude on the surface of body part (201a) and ear clip (201b) and can be contacted to directly to body)
It would have been obvious to one skilled in the art before the effective filing date to modify the arrangement of the biological sensors disclosed by Fabian to include a wider range of suitable positions along a user’s body. The temple arrangement taught by Choi incorporates a sensor positioned in the “temporal region (550a) (temple) on the right side, skin in front (550b) of and behind ear (550c) (backside of ear)” (Paragraph 0445), thus encompassing the “mastoid” arrangement disclosed by Fabian as well (Paragraph 0130).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fabian (US 20180078798 A1) in view of Zhu (US 20140081631 A1), further in view of Haciomeroglu et al. (US 20200147418 A1, hereinafter “Haciomeroglu”).
Regarding Claim 17, Fabian in view of Zhu discloses all of the limitations of Claim 15. Fabian further discloses: wherein the sensing device comprises environmental sensors (Paragraph 0133, The environmental sensors 430 can also include a GPS signal receiver and/or processor module 436, although the GPS signal receiver/module can also be considered a communications module. The environmental sensors 430 can also include a magnetometer, an accelerometer and a gyroscope). Fabian does not explicitly disclose a fall sensor or a pedometer, but the listed environmental sensors would be capable of detecting a drop.
If the Applicant is not convinced, Haciomeroglu also discloses at least one of a fall sensor configured to detect a sudden drop in the wearer's vertical position, a pedometer configured to measure steps taken by the wearer, a humidity level of air in an inner space between the cover shield and skin of the wearer, or an air analyser configured to measure a concentration of carbon dioxide in an inner space between the cover shield and skin of the wearer (Paragraph 0022, Example categories of sensors include situational awareness sensors and biometric sensors for health status. The situational awareness sensors collect data about the user's external environment for environmental hazard detection and navigation […] Examples of situational awareness sensors used for user navigation may include, but are not limited to: an inertial measurement unit (IMU), a GPS sensor, a speedometer, a pedometer, an accelerometer, an altimeter, a barometer, an attitude indicator, a depth gauge, a compass (e.g., a fluxgate compass), a gyroscope, and the like)
Haciomeroglu teaches a wider range of situational awareness sensors that would be capable of effectively measuring sudden changes in the position of a user’s mask assembly. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Haciomeroglu’s situational awareness sensors with the environmental sensors taught by Fabian, so as to provide a wider range of movement detection and measurements for a user.
Response to Arguments
Applicant’s arguments, filed March 16, 2026, with respect to the rejections of Claim 1 and subsequent dependent claims under U.S.C. 102(a)(1) and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection has been made in view of the amended claim language changing the scope of the limitation.
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.
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/MISHAL HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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