DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. This office action is responsive to the preliminary amendment filed on June 14, 2023. As directed by the amendment: claims 2-5, 7, 9-11, and 13-16 have been amended, no claims have been cancelled, and no claims have been added. Thus, claims 1-17 are presently pending in this application.
Claim Rejections - 35 USC § 102
3. 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.
4. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claim(s) 1-3, 5-6, 10-11, 13, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu et al. (WO-2013082650).
Regarding claim 1, Fu discloses a wearable air purification system (fig. 38, respiration apparatus 500) comprising:
a wearable support configured to be supported on a head region of a user (fig. 38, earphones 530), wherein the wearable support comprises first and second ends (see annotated fig. 38 below);
an air delivery mask that includes first and second ends and which is shaped to bound an air delivery region (see annotated fig. 38 below), wherein the air delivery mask is configured to deliver a flow of air to the air delivery region in use (page 3 lines 1-8);
a motor for driving the flow of air to the air delivery region (fig. 39B, generation unit 503 has similar structure to other embodiments, see page 69 lines 14-19, which includes a motor to drive airflow, see page 30 lines 26-36), wherein the motor is mounted on the air delivery mask (fig. 38, shows generation unit 503 attached to the mask); and
an air filter for purifying the flow of air (fig. 39B, air filter 400), wherein the air filter is mounted on the air delivery mask (fig. 39B shows filter being housing in motor enclosure 503 which is attached to the mask),
wherein the first and second ends of the air delivery mask are moveably connected to the wearable support (page 69 lines 25-28 state that earphones 530 can move along the tube) such that the wearable support can move with respect to the air delivery mask from a deployed position to a stowed position (fig. 38, earphones 530 being attached means they inherently be detached for stowing the device), wherein the volume envelope of the wearable air purification system is larger in the deployed position than in the stowed position (fig. 38, the system 500 with earphones 530 detached will have a smaller volume envelope).
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Regarding claim 2, Fu reads on the system of claim 1 and further reads on the air delivery mask is moveably connected to the wearable support (page 69 lines 25-28 state that earphones can slide relative to the mask) by one or more intermediate supports (fig. 39A, airways 508, page 69 lines 25-28 state that the earphones 530 slide along the airways 508).
Regarding claim 3, Fu reads on the system of claim 1 and further reads on the first and second ends of the air delivery mask are slidable with respect to the wearable support (page 69 lines 25-28 state that earphones 530 can slide along the airways 508 which change their position relative to the mask).
Regarding claim 5, Fu reads on the system of claim 1 and further reads on the wearable support comprises a first side support and a second side support (fig. 38, earphones 530 are provided on both sides), wherein the first end of the air delivery mask is moveably connected to the first side support, and wherein the second end of the air delivery mask is moveably connected to the second side support (page 69 lines 25-28 state that the earphones 530 can slide along airways 508 meaning that each airway on the sides of the mask are moveably connected to the supports).
Regarding claim 6, Fu reads on the system of claim 5 and further reads on the first side support is moveably connected to the second side support by an adjustable support band (fig. 38, adjustable head band 528 connects each of the earphones 530).
Regarding claim 10, Fu reads on the system of claim 1, wherein the wearable support comprises a headband (fig. 38, head band 528).
Regarding claim 11, Fu reads on the system of claim 1 and further reads on an adjustable support band (fig. 38, adjustable head band 528) for facilitating support of the wearable air purification system on the head region of a user (page 69 lines 20-23 state that the head band provides additional support), wherein the adjustable support band is moveable with respect to the air delivery mask (page 69 lines 25-28 state that earphones 530 can slide along the airways 508, and the connection of band 528 and earphones 530 mean the band moves relative to the mask) and/or the wearable support (fig. 38, adjustable head band 528, also see page 12 lines 9-14 which details how the head band can adjust).
Regarding claim 13, Fu reads on the system of claim 1 and further reads on the wearable support comprises at least two parts (fig. 38, earphones 530 are located one both sides) which are moveable with respect to one another such that the size of the wearable support is adjustable (page 69 lines 25-28 state that the earphones can slide relative to the mask via airways 508, each earphone being located on its own airway means individual sliding can also be performed).
Regarding claim 16, Fu reads on the system of claim 1 and further reads on wherein the wearable support is configured to positively engage with the air delivery mask (fig. 38, earphones 530 engage with the mask portion via airways 508, see fig. 39A), and/or the one or more intermediate supports if present (fig. 39A, airways 508), in the deployed position (fig. 38) so that the wearable support is releasably fixed in position with respect to the air delivery mask when in the deployed position (fig. 38, shows earphones 530 engaged with the mask portion via the airways extending from the mask, and can be slid along the airways for adjustment, see page 69 lines 25-28).
Regarding claim 17, Fu reads on the system of claim 16 and further reads on wherein the wearable support is releasably fixable in a plurality of positions with respect to the air delivery mask (page 69 lines 25-28 state that earphones can slide relative to the mask, where the positions of the earphones along the mask are the plurality of positions).
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu.
Regarding claim 12, Fu reads on the system of claim 11, and further reads on an alternative adjustable support band (fig. 39A, where the adjustable head band 528 can be replaced with ear hooks 529), but does not expressly disclose that the ear hooks 529 can be moved from a deployed position to a stowed position in which: the adjustable support band is substantially received within an area bounded by the air delivery mask or the wearable support; or the air delivery mask or the wearable support is substantially received within an area bounded by the adjustable support band.
However, another embodiment of Fu (fig. 34) teaches of pivotably adjustable hooks (fig. 34, 340 and 341) which can be locked in a manner corresponding to embodiments without hooks (page 65 lines 21-27).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the hooks of Fu’s first embodiment (fig. 39A) with the hooks of Fu (fig. 34) to prevent unintended sliding of the system relative to the airways (page 65 lines 15-30)
The modified system of Fu reads on the adjustable support band (fig. 34, pivotably adjustable hooks 340 and 341) can be moved from a deployed position to a stowed position (page 65 lines 21-27 state that the hooks can be positioned to mimic embodiments without hooks when not in use) in which: the adjustable support band is substantially received within an area bounded by the air delivery mask or the wearable support (fig. 34, hooks 340 and 341 are shown to be able to pivot downwards meaning they are received in an area bound by the air delivery mask);
Regarding claim 14, Fu reads on the system of claim 1, but the embodiment of figure 38 does not expressly disclose the air delivery mask comprises at least two parts which are moveable with respect to one another such that the size of the air delivery mask is adjustable.
However, another embodiment of Fu (fig. 19) teaches of a mask (fig. 19, 150) including a bellows arrangement to allow the cushion 153 to flex thereby improving comfort and conformity to the user’s face (page 51 lines 23-27) and a cushion (fig. 19, 151) which is configured to be flexible to facilitate comfort and effectiveness of the mask (page 51 lines 10-18).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the unspecified mask of Fu’s first embodiment (fig. 38) with the mask of Fu (fig. 19) to improve the comfort and conformity of the mask.
The modified system of Fu reads on the limitations of the air delivery mask comprises at least two parts which are moveable with respect to one another (fig. 19, the cushion 151 has a portion above and below the bellows where the cushion flexes, see page 51 lines 23-27) such that the size of the air delivery mask is adjustable (page 51 lines 23-27 state that the bellows improve conformity to the user’s face meaning the cushion adjusts to better fit the user’s face).
Regarding claim 15, Fu reads on the system of claim 13, but the embodiment of figure 38 does not expressly disclose that at least part of the air delivery mask and/or the wearable support are flexible such that the shape of the air delivery mask and/or the wearable support is adjustable in dependence on the size of the air delivery mask and/or the wearable support and/or the size of the adjustable support band if present.
However, another embodiment of Fu (fig. 19) teaches of a mask (fig. 19, 150) including a bellows arrangement to allow the cushion 153 to flex thereby improving comfort and conformity to the user’s face (page 51 lines 23-27) and a cushion (fig. 19, 151) which is configured to be flexible to facilitate comfort and effectiveness of the mask (page 51 lines 10-18).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the unspecified mask of Fu’s first embodiment (fig. 38) with the mask of Fu (fig. 19) to improve the comfort and conformity of the mask.
The modified system of Fu reads on the limitations that at least part of the air delivery mask is flexible (page 51 lines 10-18 state that cushion 151 is flexible) such that the shape of the air delivery mask is adjustable in dependence on the size of the air delivery mask (page 51 lines 10-27 state that the cushion and bellows arrangement improve comfort and conformity to the user’s face due to the flexure of the elements).
8. Claim(s) 4 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu in view of DE-202019101502 hereinafter ‘502.
Regarding claim 4, Fu reads on the system of claim 1, and further teaches of an embodiment with a pivoting neck support (fig. 35) but does not expressly disclose that the first and/or second ends of the air delivery mask are pivotable with respect to the wearable support.
However, ‘502 teaches of a shell headphone device (fig. 1) that includes fans for sucking in air (fig. 1, fans 7 and 8 suck in air through intakes 28 according to [0032] of the numbered, translated version which will be referred to for paragraph numbers), a filter for filtering the air (fig. 1, pocket filter 44), a headband, (fig. 1, headband 2 comprises temple sections 3 and 4, see [0032]) and pivoting sections between the ear cushions and airways into a transport position (fig. 1, the headband 3 and 4 and the cushions 9 and 10 can pivot relative to exhaust pipes 11 and 12 along axis 33, see [0033]) which increases acceptance of the device due to improved practicability between use and stowage/transportation ([0017]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the earphones, headband, motor, and filter of Fu with the shell headphone device as taught by ‘502 to allow easier stowing of the purification system to increase acceptance of the device and reduce the space requirement of the device during transport (‘502 [0017]) while performing the same functions of intaking and delivering filtered air to the user (‘502 [0023]).
The modified system of Fu reads on the first and/or second ends of the air delivery mask (Fu fig. 38, airways 508 connect with ‘502 fig. 1, exhaust pipes 11 and 12 to create first and second ends) are pivotable (‘502 fig. 1, exhaust pipes 11 and 12 are able to pivot around axis 33) with respect to the wearable support (‘502 fig. 1, the headband 2 which comprises temple sections 3 and 4).
Regarding claim 7, Fu reads on the system of claim 1, and further teaches of an embodiment with a pivoting neck support (fig. 35), but does not expressly disclose that the wearable support is moveable with respect to the air delivery mask from the deployed position to a stowed position in which: the wearable support is substantially received within an area bounded by the air delivery mask; or the air delivery mask is substantially received within an area bounded by the wearable support.
However, ‘502 teaches of a shell headphone device (fig. 1) that includes fans for sucking in air (fig. 1, fans 7 and 8 suck in air through intakes 28 according to [0032]), a filter for filtering the air (fig. 1, pocket filter 44), a headband, (fig. 1, headband 2 comprises temple sections 3 and 4, see [0032]) and pivoting sections between the ear cushions and airways into a transport position (fig. 1, the headband 3 and 4 and the cushions 9 and 10 can pivot relative to exhaust pipes 11 and 12 along axis 33, see [0033]) which increases acceptance of the device due to improved practicability between use and stowage/transportation ([0017]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the earphones, headband, motor, and filter of Fu with the shell headphone device as taught by ‘502 to allow easier stowing of the purification system to increase acceptance of the device and reduce the space requirement of the device during transport (‘502 [0017]) while performing the same functions of intaking and delivering filtered air to the user (‘502 [0023]).
The modified system of Fu reads on the wearable support (‘502 fig. 1, headband 2 which comprises temple sections 3 and 4, see [0032]) is moveable with respect to the air delivery mask (‘502 figs. 1-2, axes of rotation 33 allow temple sections to move relative to exhaust pipes 11 and 12) from the deployed position to a stowed position (‘502 fig. 2) in which: the wearable support is substantially received within an area bounded by the air delivery mask (see annotated ‘502 fig. 2 below).
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Regarding claim 8, the modified system of Fu reads on the limitations of claim 4 and further reads on the wearable support comprises a first surface extending from the first end of the wearable support to the second end of the wearable support (‘502 fig. 1, temple sections 3 and 4 include a bracket facing the wearer’s head 68, see [0058), and wherein the air delivery mask comprises a first surface extending from the first end of the air delivery mask to the second end of the air delivery mask (Fu fig. 38, the mask and airways 508 make up a first, continuing surface outside the device), wherein the wearable support is pivotable with respect to the air delivery mask from a stowed position in which the first surface of the wearable support is substantially opposite the first surface of the air delivery mask (‘502 fig. 2 shows a stowed position where the inner surfaces of the exhaust pipes 11 and 12 are now closer to the bracket facing away from the wearer’s head 69 instead of the bracket facing the wearer’s head 68, thereby being substantially opposite), to a deployed position in which the first surface of the wearable support and the first surface of the air delivery mask are angularly displaced from one another (‘502 fig. 1 shows a deployed position where exhaust pipes 11 and 12 are extending angularly away from the bracket 68).
Regarding claim 9, Fu reads on the system of claim 1, and further discloses embodiments with headbands that appear movable (fig. 25) and an embodiment with a pivoting neck support (fig. 35), but does not expressly disclose that the wearable support is pivotable from a first position in which a portion of the wearable support is located towards the back of the head region of a user in use, to a second position in which said portion of the wearable support is located towards the top of the head region of a user in use.
However, ‘502 teaches of a shell headphone device (fig. 1) that includes fans for sucking in air (fig. 1, fans 7 and 8 suck in air through intakes 28 according to [0032]), a filter for filtering the air (fig. 1, pocket filter 44), a headband, (fig. 1, headband 2 comprises temple sections 3 and 4, see [0032]) and pivoting sections between the ear cushions and airways into a transport position (fig. 1, the headband 3 and 4 and the cushions 9 and 10 can pivot relative to exhaust pipes 11 and 12 along axis 33, see [0033]) which increases acceptance of the device due to improved practicability between use and stowage/transportation ([0017]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the earphones, headband, motor, and filter of Fu with the shell headphone device as taught by ‘502 to allow easier stowing of the purification system to increase acceptance of the device and reduce the space requirement of the device during transport (‘502 [0017]) while performing the same functions of intaking and delivering filtered air to the user (‘502 [0023]).
The modified device of Fu reads on the wearable support is pivotable from a first position in which a portion of the wearable support is located towards the back of the head region of a user in use, to a second position in which said portion of the wearable support is located towards the top of the head region of a user in use (‘502 figs. 1-2 show exhaust pipes 11 and 12 pivoting around axis 33, meaning the headband 2 comprising sections 3 and 4 can be adjusted according to the user’s head [0011] to be located behind or on top of the head).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xiao et al. (CN-103961822) discloses a curtain breathing mask with a headband that can pivot into itself. Kao et al. (US 2014/0373846) discloses an attachable headband that uses clips which may allow pivoting. Kim et al. (US 2020/0206545) discloses a mask device with an air cleaner that can pivot inward.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS Z CHANG whose telephone number is (571)272-0432. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS Z CHANG/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785