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 statements (IDS) dated 02/04/2025, 04/19/2024, 08/21/2023, and 07/24/2023 have been received and considered.
Claim Objections
Claims 13 and 15 are objected to because of the following informalities. Appropriate correction is required.
Claim 13 recites the limitation “wherein the air delivery mask outlet” has poor antecedent basis to parent claim 1, which recites “the air delivery mask comprising: an air channel arranged to convey air discharged by the air filter to an outlet in the air delivery region”. It is suggested to amend claim 13 to recite “wherein the
Claim 15 recites the limitation " the first motor being disposed on an opposite side of the outlet to the second motor". The antecedent basis is poor for this limitation in the claim. While the recitation of “the outlet” appears to refer back to “an outlet” recited in parent claim 1, the phrasing gives the impression that the outlet belongs to the second motor. It is suggested to amend this claim limitation to recite “the first motor being disposed on an opposite side of the outlet, across from
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.
Claim 17 is 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.
The term “substantially” in claim is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear the extent to which the system is required to be symmetrical; for example, how many differences in symmetry are acceptable to meet the requirements of 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 1-3, 8-9, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Xu (CN 204319547 U), hereafter Xu. A machine translation is relied upon to address claims.
Regarding Claim 1, Xu discloses a wearable air purification system (fig. 1, page 1 “Technical field”) comprising: a support assembly arranged to be worn around a user's head (fig. 1, filter body 1 and ear cups 4, page 2 “The present embodiment” para.), the support assembly comprising an air inlet (fig. 1, air inlet 2, “The present embodiment” para.); an air filter (page 2, “The present embodiment” para., there is a filter body 10 within 1) comprising, or in fluid communication with, the air inlet (fig. 1, filter 10 is positioned within 1 and thus is in communication with the air inlet in order to filter air, page 2 “When the user” para.); and an air delivery mask (fig. 1, respiratory mask 6, page 2 “The present embodiment” para.), connected to the support assembly (fig. 1 shows this configuration) and shaped to bound an air delivery region that contains the user's mouth and/or nose, in use (fig. 1, 6 is shaped to cover at least the nose, “The rim of the respirator” para.), the air delivery mask comprising: an air channel (fig. 3, an air flow channel exists from inlet 2, through filter body 1, into motor housing 14, into air supply tube 5, fig. 1, page 2 “The present embodiment” para.;) arranged to convey air discharged by the air filter to an outlet in the air delivery region (page 2 “When the user” para.; there is an outlet in the respirator 9 to deliver air to the user); and a motor arranged to drive an impeller (page 2, “The present embodiment” para., the device uses a fan 12, which uses a motor 11 to drive an impeller) to operate to pump air through the air channel to the outlet (page 2, “When the user” para.), the motor being housed in a side region of the air delivery mask to locate beside or beneath the user's face, in use (fig. 3, motor 11 is located in the earmuff portion of the device).
Regarding Claim 2, Xu discloses a system of claim 1, wherein the support assembly comprises the air filter (fig. 1, filter 10 is located within 1, page 2, “The present embodiment” para.).
Regarding Claim 3, Xu discloses a system of claim 1, wherein the support assembly comprises: a first earpiece arranged to engage a first ear of the user (fig. 1, left side ear cup 4, page 2, “The present embodiment” para.); a second earpiece arranged to engage a second ear of the user (fig. 1, the right side ear cup 4, page 2, “The present embodiment” para.); and a support member connecting the first earpiece to the second earpiece (fig. 1, 1 connects ear cups 4, page 2, “The present embodiment” para.), the support member being arranged to be worn around the user's head (page 1, “The purpose of” para.).
Regarding Claim 8, Xu discloses a system of claim 3, wherein the air delivery mask is connected to the first earpiece (fig. 1, mask 6 is connected to the left side ear cup 4 via circuit compartment 14).
Regarding Claim 9, Xu discloses a system of claim 3, wherein the air delivery mask is connected to the second earpiece (fig. 1, the mask 6 is connected to the right side ear cup 4 via the air delivery tube 5 and the filter body 1).
Regarding Claim 12, Xu discloses a system of claim 1, wherein the motor is disposed in the air channel (fig. 3, the motor 11 is disposed in the air channel, since the air flows from inlet 2 through filter 10 into air supply tube 5).
Regarding Claim 14, Xu discloses a system of claim 1, comprising a pump that comprises the motor and the impeller (the fan 12 acts as a pump by drawing air through the device to filter and deliver to the wearer, page 2, “The present embodiment” para.; the motor 11 operates the fan 12, which inherently is an impeller).
In an alternative rejection, claims 1, 3, and 6-7 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Wenjie (CN 208193408 U), hereafter Wenjie.
Regarding Claim 1, Wenjie discloses a wearable air purification system (fig. 6, page 1, “Technical field” para.) comprising: a support assembly arranged to be worn around a user's head (fig. 4, 410, 510, and unlabeled housing of fan, figs. 4 and 5, see annotated fig. below; page 5 “In the dual-breath” para.), the support assembly comprising an air inlet (fig. 6, air inlet passage 111, page 3, “The mask body” para.); an air filter comprising, or in fluid communication with, the air inlet (fig. 5, filter material 104, page 3 “The breathing mask” para.); and an air delivery mask connected to the support assembly (fig. 5, mask body 102, page 3 “The mask body” para.) and shaped to bound an air delivery region that contains the user's mouth and/or nose (page 3, “The utility model” para.), in use, the air delivery mask comprising: an air channel (fig. 6, the path of arrows, page 3 “The breathing mask” para.) arranged to convey air discharged by the air filter to an outlet in the air delivery region (page 3, “Preferably, the air” para.); and a motor arranged to drive an impeller to pump air through the air channel to the outlet (figs. 5 and 6, fan module 117, page 3 “Preferably, the fan” para., is understood to have an impeller; the fan has a motor, page 3, “Preferably, the air” para.), the motor being housed in a side region of the air delivery mask to locate beside or beneath the user's face, in use (fig. 4, the motor and fan is housed at the side of the user’s face in use).
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Regarding Claim 3, Wenjie discloses a system of claim 1, wherein the support assembly comprises: a first earpiece arranged to engage a first ear of the user (fig. 4, the left side 410); a second earpiece arranged to engage a second ear of the user (fig. 4, the right side 410); and a support member connecting the first earpiece to the second earpiece (fig. 4, 510 connects the earpieces via the motor/fan housing), the support member being arranged to be worn around the user's head (page 5 “In the dual-breath” para.).
Regarding Claim 6, Wenjie discloses a system of claim 3, the motor is disposed between the first earpiece and the outlet (fig. 5 shows the fan and its corresponding motor housed between the first earpiece 410 and the outlet, shown in fig. 6).
Regarding Claim 7, Wenjie discloses a system of claim 6, wherein the motor is closer to the first earpiece than to the outlet (fig. 5, the fan 117 and its corresponding motor is positioned closer to the earpiece 410 than the outlet shown in fig. 6). Though prior art drawings are not interpreted as depicting scale, unless specified, the description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art (MPEP 2125.)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-5, 18-21 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Fu et al. (WO 2013/082650 A1), hereafter Fu.
Regarding Claim 4, Xu discloses a system of claim 3, but does not disclose wherein the first earpiece comprises the air filter (the filter is located in the support member 1, fig. 1).
Fu teaches a similarly configured air purifying device (fig. 1 and 10D in particular; abstract) which has the air filter positioned in ear piece portions (fig. 1, airflow generator housing 3 having an air inlet to draw air from the outside environment, page 30 line 36, is positioned by the ear, fig. 10D; the air filter 6, page 30 line 37 is located in the housing 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to move the air intake and filter in Xu’s device from the filter body portion (fig. 1, 1) to the ear piece portions, as taught by Fu, since the filtration ability of the device would remain the same. It has been held that rearranging components is an obvious matter of design choice. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 5, Xu as modified discloses a system of claim 4, wherein the first and second earpieces each comprise a respective air filter (Fu fig. 1, an air filter is positioned in each of the two ear pieces 3), each air filter being arranged to deliver filtered air to the air channel of the air delivery mask (Fu, each air filter 6 delivers air to an air channel 8, page 31 lines 1-2; in the modified device, the filtered air would be delivered to Wu fig. 1 air supply tube 5), each air filter comprising, or being in fluid communication with, an air inlet of the support assembly (as taught by Fu, each filter 6 is in fluid communication with the air inlet as seen in Fu fig 1).
Regarding Claim 18, Xu discloses a system of claim 1, but is silent on wherein the air delivery mask is coupled to the support assembly by one or more disengageable couplings such that the air delivery mask is detachable from the support assembly.
Fu teaches a similarly configured air purifying device (fig. 1 and 10D in particular; abstract) which has a detachable mask in an embodiment (fig. 28A, page 57 lines 26-28, the mask arrangement of this embodiment may be substituted for the mask of figs 1-10). The detachable mask uses a fastening means (fig. 28A, clips 284, page 58 lines 1-2) to attach the mask to the airways for the generator unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s mask to be coupled to the support assembly by one or more disengageable couplings such that the air mask is detachable from the support assembly, since Fu teaches that a detachable mask is a known configuration in the art.
Regarding Claim 19, Xu discloses a wearable air purification system (fig. 1, page 1 “Technical field”) comprising: a support assembly (fig. 1, ear cups 4 and filter body 1, page 2 “The present embodiment” para.), comprising: a first earpiece arranged to engage a first ear of a user (fig. 1, left side ear cup 4, page 2, “The earmuffs 4” para.); a second earpiece arranged to engage a second ear of the user (fig. 1, right side ear cup 4, “The present embodiment” para.); and a support member connecting the first earpiece to the second earpiece (fig. 1, filter body 1 connects the ear cups), the support member being arranged to be worn around the user's head (fig. 1, page 1, “The technical solution” para.); an air delivery mask connected to the support assembly (fig. 1, respirator 6, page 2, “The present embodiment” para.), the air delivery mask being shaped to bound an air delivery region that contains the user's nose and/or mouth, in use, (fig. 1, page 2, “The rim of the respirator” para.), the delivery mask comprising an outlet in the air delivery region (page 2, “When the user” para.) and an air channel configured to deliver a flow of air from the air filter to the outlet (fig. 1, air supply tube 5, page 2, “The present embodiment” para.); and a motor housing (fig. 3, circuit housing 14, page 2 “The present embodiment” para.), the motor housing containing a motor in fluid communication with the air filter (fig. 3, motor 11 is within housing 14 page 2 “The present embodiment” para., is in fluid communication with the air filter in order to filter air, “When the user” para.), the motor being arranged to drive an impeller to pump air through the air channel to the air delivery region (fig. 3, the motor 11 operates fan 12 to pump air through air supply tube 5 to the respirator 9, “page 2, “When the user” para.; the fan inherently is understood to have an impeller).
Xu is silent on the first earpiece comprising an air filter and a motor housing coupled to and extending rearwardly of the support assembly.
Fu teaches a similarly configured air purifying device (fig. 38; abstract, page 29 lines 22-24) which has an air filter located in the earpiece assembly (fig. 39A, filter 400 is inserted in inlet airway 408, shown located at the earpiece assembly, earphones 530, page 69 second para.) and the motor housing (fig. 38, generation unit 503, page 69 line 17) coupled to and extending rearwardly of the support assembly (in this case, earphones 503 and headband 528, page 69, second para.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the location of the motor and the filter in Xu’s device to be positioned so that the first earpieces comprises a filter and the motor housing is coupled to and extending rearwardly of the support assembly as taught by Fu, since it has been held that rearranging parts is an obvious matter of design choice, particularly since the claimed component arrangement taught by Fu would still function as expected to filter air for a user. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 20, Xu as modified discloses a system of claim 19, wherein the motor is upstream of the air filter with respect to the outlet (as modified by Fu, fig. 39A shows the motor, positioned within generation unit 503, upstream of the filter 400, page 69, second para.).
Regarding Claim 21, Xu as modified discloses a system of claim 19, wherein the motor housing is coupled to a rear of the first earpiece (as modified by Fu, fig. 39A, the motor is contained within the housing of generation unit 503, which is coupled to the rear of a first ear piece, 530, page 69, second para.).
Regarding Claim 23, Xu as modified discloses a system of claim 19, does not disclose wherein the motor housing is integral with the air delivery mask (Fu fig. 39A discloses a detachable housing, page 69, last 2 lines).
However, Fu discloses an alternate embodiment which has the motor housing integrated with the mask (fig. 32a, mask 328, motor housing 322, page 62, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s device to make the motor housing integral with the air delivery mask, as this is a known alternative configuration to a removable motor housing in the art. Further, it has been held that it would have been obvious to one of ordinary skill to make the motor housing integrally formed with the air delivery mask, since it has been held that "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice." In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965), MPEP 2144.04(V)(B).
Regarding Claim 24, Xu as modified discloses a system of claim 19, wherein the motor housing is detachable from the support assembly (as modified by Fu, the motor housing is the housing of generation unit 503, which is detachable via a connector such as a bayonet fitting, page 69, last para.).
Claim 10 is rejected under 35 U.S.C. 103 as unpatentable over Xu in view of Lee (KR 101889372 B1), hereafter Lee. A machine translation is relied upon to address claims.
Regarding Claim 10, Xu discloses a system of claim 3, but is silent on wherein the first earpiece and the second earpiece each comprise a respective audio device.
Lee teaches a headphone type air filter ([0001], fig. 1) which also includes an audio device in each of the earpieces (fig. 2, speaker 60 [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an audio device in each of Xu’s ear cups so that a user may simultaneously filter air and listen to music without removing separate devices (Lee [0020]).
Claim 11 is rejected under 35 U.S.C. 103 as unpatentable over Xu and Lee, further in view of Bak (KR 101848674 B1), hereafter Bak. A machine translation is relied upon to address claims.
Regarding Claim 11, Xu as modified discloses a system of claim 10, but is silent on the device comprising a communications module configured to receive a signal comprising audio data.
Bak teaches an air purifying audio device (fig. 1, [0007] and [0037]), which also includes a wireless earphone (fig. 6, 43) for transmitting and receiving voice and sound ([0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a communications module configured to receive a signal comprising audio data in the form of the wireless earphone as taught by Bak for the benefit of receiving as well as transmitting voice and sound when connected to a smartphone (Bak [0040]).
Claim 13 is rejected under 35 U.S.C. 103 as unpatentable over Xu in view of Ketchedjian (US 6247470 B1), hereafter Ketchedjian.
Regarding Claim 13, Xu discloses a system of claim 1, but is silent on wherein the air delivery mask outlet comprises a set of openings arranged in succession from one side of the air delivery region to the other, to distribute air flow from the air channel over the air delivery region (fig. 3, it appears that there is only one opening connecting the air delivery mask outlet for delivering air to the mask).
Ketchedjian teaches an oxygen delivery device having a head support similarly configured to Xu’s (fig. 1, abstract) which comprises a set of openings arranged in a succession from one side of an air delivery region to the other to distribute air flow from an air channel over the air deliver region (fig. 1, oxygen delivery ports 30, col. 6 lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure Xu’s connection between the mask (fig. 1, 6) and the air supply tube (fig. 1, 5) in the manner taught by Ketchedjian for the benefit of avoiding an occlusion in a singular hole (Ketchedjian col. 2 lines 50-53).
Claims 15-17 are rejected under 35 U.S.C. 103 as unpatentable over Xu in view of Liu (US 2018/0200544 A1), hereafter Liu.
Regarding Claim 15, Xu discloses a system of any claim 1, but is silent on wherein the air delivery mask comprises first and second motors, the first motor being disposed on an opposite side of the outlet to the second motor, each of the first and second motors being arranged to drive respective impellers to pump air through the air channel to the outlet (fig. 3, only 1 motor 11 is shown in the device assembly).
Liu teaches a similar filtered air delivery device (fig. 10, abstract), which has first and second motors (fig. 1, external air filters 10 [0038] each contain a motor, fig. 2, 17 [0033]), the left and right motors are disposed on opposite sides of an outlet (fig. 2, air transmission holes 33 [0033]), each of the first and second motors arranged to drive respective impellers (fig. 2, turbofan 13 is located in each the left and the right air filter [0034]) to pump air through a channel (fig. 2, air transmission pipe 12 [0033]) to the outlet ([0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s device to include a motor in both ear cups as taught by Liu, such that the first motor being disposed on an opposite side of the outlet to the second motor, each of the first and second motors being arranged to drive respective impellers to pump air through the air channel to the outlet, since this configuration supplies a large amount of clean air to the user (Liu [0007]).
Regarding Claim 16, Xu as modified discloses a system of claim 15, wherein each of the first and second motors is comprised within a respective pump that comprises the respective impeller (as modified by Liu, both motors 17 plus the fans 13 act as a pump to move air through the filter to the user [0034]; the fans inherently are understood to comprise impellers).
Regarding Claim 17, Xu discloses a system of claim 1, but does not disclose wherein the system is substantially symmetrical about an axis intersecting the air delivery region (there is only 1 air pipe 5, fig. 1; otherwise, the device is symmetrical).
However, Liu teaches a similar filtered air delivery device (fig. 10, abstract) which has two filters (fig. 2, the assemblies of a filter, motor 17 and fan 13 [0033]) and a symmetrical air transmission pipe (fig. 2, 12 [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Xu’s device to include a filter and fan with motor assembly in each ear cup, as well as a sir transmission pipe on both sides of the respirator, as taught by Liu, in order to provide additional air filtration to the user.
Claim 22 is rejected under 35 U.S.C. 103 as unpatentable over Xu and Fu, further in view of Fabian et al. (US 2018/0078798 A1), hereafter Fabian.
Regarding Claim 22, Xu as modified discloses a system of claim 19, but is silent on wherein the motor housing comprises one or more tubes (as modified by Fu fig. 39A, the motor housing is shown as a rectangular box shape).
Fabian teaches a powered filtering respiratory mask with ear pieces (fig 2, ear pieces 204 [0122] and 212 [0124]), the fan operated by a motor is installed behind the support assembly (fig. 2, micro fan 106 [0168]), where the fan is inside a tube-shaped housing (figs. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the motor housing from the shape taught by Fu to the shape taught by Fabian, as this configuration was demonstrated to be known in the art, and it has been held that changing the shape of a component is an obvious matter of design choice. Further Applicant does not appear to place criticality on the shape of the motor housing (page 15 lines 18-20). See MPEP 2144.04(IV)(B) In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-18 of copending Application No.18/267418 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other for the following reasons. Bolded portions are not patentably distinct.
Instant Application
Copending application 18/267,418
Claim 1: A wearable air purification system comprising: a support assembly arranged to be worn around a user's head, the support assembly comprising an air inlet; an air filter comprising, or in fluid communication with, the air inlet; and an air delivery mask connected to the support assembly and shaped to bound an air delivery region that contains the user's mouth and/or nose, in use, the air delivery mask comprising: an air channel arranged to convey air discharged by the air filter to an outlet in the air delivery region; and a motor arranged to drive an impeller to pump air through the air channel to the outlet, the motor being housed in a side region of the air delivery mask to locate beside or beneath the user's face, in use.
Claim 1: A wearable air purification system comprising: a support assembly, comprising: a first earpiece arranged to engage a first ear of a user; a second earpiece arranged to engage a second ear of the user; a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head; and an air inlet; an air filter comprising, or in fluid communication with, the air inlet; and an air delivery mask connected to the support assembly and shaped to bound an air delivery region that contains the user's mouth and/or nose, in use, the air delivery mask comprising: an air channel arranged to convey air discharged by the air filter to an outlet in the air delivery region; and a motor arranged to drive an impeller to pump air through the air channel to the outlet.
Claim 2: The system of claim 1, wherein the support assembly comprises the air filter.
Claim 2: The system of claim 1, wherein the support assembly comprises the air filter.
Claim 3: The system of claim 1, wherein the support assembly comprises: a first earpiece arranged to engage a first ear of the user; a second earpiece arranged to engage a second ear of the user; and a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head.
Claim 1: A wearable air purification system comprising: a support assembly, comprising: a first earpiece arranged to engage a first ear of a user; a second earpiece arranged to engage a second ear of the user; a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head; and an air inlet; an air filter comprising, or in fluid communication with, the air inlet; and an air delivery mask connected to the support assembly and shaped to bound an air delivery region that contains the user's mouth and/or nose, in use, the air delivery mask comprising: an air channel arranged to convey air discharged by the air filter to an outlet in the air delivery region; and a motor arranged to drive an impeller to pump air through the air channel to the outlet.
Claim 4: The system of claim 3, wherein the first earpiece comprises the air filter.
Claim 3: The system of claim 1, wherein the first earpiece comprises the air filter.
Claim 5: The system of claim 4, wherein the first and second earpieces each comprise a respective air filter, each air filter being arranged to deliver filtered air to the air channel of the air delivery mask, each air filter comprising, or being in fluid communication with, an air inlet of the support assembly.
Claim 4: The system of claim 3, wherein the first and second earpieces each comprise a respective air filter, each air filter being arranged to deliver filtered air to the air channel of the air delivery mask, each air filter comprising, or being in fluid communication with, an air inlet of the support assembly
Claim 6: The system of claim 3, wherein the motor is disposed between the first earpiece and the outlet.
Claim 5: The system of claim 1, wherein the motor is disposed between the first earpiece and the outlet
Claim 7: The system of claim 6, wherein the motor is closer to the first earpiece than to the outlet.
Claim 6: The system of claim 5, wherein the motor is closer to the first earpiece than to the outlet.
Claim 8: The system of claim 3, wherein the air delivery mask is connected to the first earpiece.
Claim 7: The system of claim 1, wherein the air delivery mask is connected to the first earpiece.
Claim 9: The system of claim 3, wherein the air delivery mask is connected to the second earpiece.
Claim 8: The system of claim 1, wherein the air delivery mask is connected to the second earpiece.
Claim 10: The system of claim 3, wherein the first earpiece and the second earpiece each comprise a respective audio device.
Claim 9: The system of claim 1, wherein the first earpiece and the second earpiece each comprise a respective audio device.
Claim 11: The system of claim 10, comprising a communications module configured to receive a signal comprising audio data.
Claim 10: The system of claim 9, comprising a communications module configured to receive a signal comprising audio data.
Claim 12: The system of claim 1, wherein the motor is disposed in the air channel.
Claim 11: The system of claim 1, wherein the motor is disposed in the air channel.
Claim 13: The system of claim 1, wherein the air delivery mask outlet comprises a set of openings arranged in succession from one side of the air delivery region to the other, to distribute air flow from the air channel over the air delivery region.
Claim 13: The system of claim 1, wherein the air delivery mask outlet comprises a set of openings arranged in succession from one side of the air delivery region to the other, to distribute air flow from the air channel over the air delivery region.
Claim 14: The system of claim 1, comprising a pump that comprises the motor and the impeller.
Claim 14: The system of claim 1, comprising a pump that comprises the motor and the impeller.
Claim 15: The system of claim 1, wherein the air delivery mask comprises first and second motors, the first motor being disposed on an opposite side of the outlet to the second motor, each of the first and second motors being arranged to drive respective impellers to pump air through the air channel to the outlet.
Claim 15: The system of claim 1, wherein the air delivery mask comprises first and second motors, the first motor being disposed on an opposite side of the outlet to the second motor, each of the first and second motors being arranged to drive respective impellers to pump air through the air channel to the outlet.
Claim 16: The system of claim 15, wherein each of the first and second motors is comprised within a respective pump that comprises the respective impeller.
Claim 16: The system of claim 15, wherein each of the first and second motors is comprised within a respective pump that comprises the respective impeller.
Claim 17: The system of claim 1, wherein the system is substantially symmetrical about an axis intersecting the air delivery region.
Claim 17: The system of claim 1, wherein the system is substantially symmetrical about an axis intersecting the air delivery region.
Claim 18: The system of claim 1, wherein the air delivery mask is coupled to the support assembly by one or more disengageable couplings such that the air delivery mask is detachable from the support assembly.
Claim 18: The system of claim 1, wherein the air delivery mask is coupled to the support assembly by one or more disengageable couplings such that the air delivery mask is detachable from the support assembly.
Claims 1-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-18 of copending Application No.18/267430 (reference application) in view of Xu.
Bolded portions are not patentably distinct.
Instant Application
Copending application 18/267430
Claim 1: A wearable air purification system comprising: a support assembly arranged to be worn around a user's head, the support assembly comprising an air inlet; an air filter comprising, or in fluid communication with, the air inlet; and an air delivery mask connected to the support assembly and shaped to bound an air delivery region that contains the user's mouth and/or nose, in use, the air delivery mask comprising: an air channel arranged to convey air discharged by the air filter to an outlet in the air delivery region; and a motor arranged to drive an impeller to pump air through the air channel to the outlet, the motor being housed in a side region of the air delivery mask to locate beside or beneath the user's face, in use.
Claim 1: A wearable air purification system comprising: a support assembly, comprising: a first earpiece arranged to engage a first ear of a user, the first earpiece comprising an air filter; a second earpiece arranged to engage a second ear of the user; and a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head; an air delivery mask connected to the support assembly, the air delivery mask being shaped to bound an air delivery region that contains the user's nose and/or mouth, in use, the air delivery mask comprising an outlet in the air delivery region and an air channel configured to deliver a flow of air from the air filter to the outlet; and a motor arranged to drive an impeller to pump air through the air channel to the air delivery region, the motor being housed in the first earpiece and being radially offset from a centre of the air filter.
Claim 3: The system of claim 1, wherein the support assembly comprises: a first earpiece arranged to engage a first ear of the user; a second earpiece arranged to engage a second ear of the user; and a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head.
Claim 1: A wearable air purification system comprising: a support assembly, comprising: a first earpiece arranged to engage a first ear of a user, the first earpiece comprising an air filter; a second earpiece arranged to engage a second ear of the user; and a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head; an air delivery mask connected to the support assembly, the air delivery mask being shaped to bound an air delivery region that contains the user's nose and/or mouth, in use, the air delivery mask comprising an outlet in the air delivery region and an air channel configured to deliver a flow of air from the air filter to the outlet; and a motor arranged to drive an impeller to pump air through the air channel to the air delivery region, the motor being housed in the first earpiece and being radially offset from a centre of the air filter.
Claim 4: The system of claim 3, wherein the first earpiece comprises the air filter.
Claim 1: A wearable air purification system comprising: a support assembly, comprising: a first earpiece arranged to engage a first ear of a user, the first earpiece comprising an air filter; a second earpiece arranged to engage a second ear of the user; and a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head; an air delivery mask connected to the support assembly, the air delivery mask being shaped to bound an air delivery region that contains the user's nose and/or mouth, in use, the air delivery mask comprising an outlet in the air delivery region and an air channel configured to deliver a flow of air from the air filter to the outlet; and a motor arranged to drive an impeller to pump air through the air channel to the air delivery region, the motor being housed in the first earpiece and being radially offset from a centre of the air filter.
Claim 5: The system of claim 4, wherein the first and second earpieces each comprise a respective air filter, each air filter being arranged to deliver filtered air to the air channel of the air delivery mask, each air filter comprising, or being in fluid communication with, an air inlet of the support assembly.
Claim 6: The system of claim 1, wherein the first and second earpieces each comprise a respective air filter, each air filter being arranged to deliver filtered air to the air channel of the air delivery mask
Claim 13: The system of claim 1, wherein the air delivery mask outlet comprises a set of openings arranged in succession from one side of the air delivery region to the other, to distribute air flow from the air channel over the air delivery region.
Claim 12: The system of claim 1, wherein the air delivery mask outlet comprises a set of openings arranged in succession from one side of the air delivery region to the other, to distribute air flow from the air channel over the air delivery region.
Claim 14: The system of claim 1, comprising a pump that comprises the motor and the impeller.
Claim 13: The system of claim 1, comprising a pump that comprises the motor and the impeller.
Claim 17: The system of claim 1, wherein the system is substantially symmetrical about an axis intersecting the air delivery region.
Claim 14: The system of claim 1,wherein the system is substantially symmetrical about an axis intersecting the air delivery region
Claim 18: The system of claim 1, wherein the air delivery mask is coupled to the support assembly by one or more disengageable couplings such that the air delivery mask is detachable from the support assembly.
Claim 15: The system of claim 1, wherein the air delivery mask is coupled to the support assembly by one or more disengageable couplings such that the air delivery mask is detachable from the support assembly.
Regarding Claim 1, while the copending application does not explicitly recite the limitation “the support assembly comprising an air inlet; an air filter comprising, or in fluid communication with, the air inlet”, Xu teaches a support assembly comprising an air inlet (fig. 1, 2, page 2, “The present embodiment” para.) and an air filter in fluid communication with the air inlet (fig. 3, filter 10, page 2 “The present embodiment” para.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an air inlet and a filter in communication with the air inlet in order to provide filtered air to the user to fulfill the purpose of the air purifying device.
Claims 19 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No.18/267763 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other for the following reasons. Bolded portions are not patentably distinct.
Instant Application
Copending application 18/267,763
Claim 19: A wearable air purification system comprising: a support assembly, comprising: a first earpiece arranged to engage a first ear of a user, the first earpiece comprising an air filter; a second earpiece arranged to engage a second ear of the user; and a support member connecting the first earpiece to the second earpiece, the support member being arranged to be worn around the user's head; an air delivery mask connected to the support assembly, the air delivery mask being shaped to bound an air delivery region that contains the user's nose and/or mouth, in use, the delivery mask comprising an outlet in the air delivery region and an air channel configured to deliver a flow of air from the air filter to the outlet; and a motor housing coupled to and extending rearwardly of the support assembly, the motor housing containing a motor in fluid communication with the air filter, the motor being arranged to drive an impeller to pump air through the air channel to the air delivery region.
Claim 1: A wearable air purification system comprising: a wearable support configured to be supported on a head of a user, and an air delivery mask which is shaped to at least partially bound an air delivery region and to deliver a flow of air to the air delivery region; wherein the wearable support includes a left side support and a right side support which support the air delivery mask therebetween; and a left side motor and a right side motor configured to drive a respective left or right side air flow towards or away from the air delivery region, each of the left and right side motors being mounted within a respective left or right side motor mounting on a respective one of the left and right side supports so that, when the wearable support is supported on the head in use, the motors sit rearward of or above the user's ears.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xu (CN 205730009 U) fig. 2 depicts an air purifying device with ear pieces and a face mask
Yuan (CN 203775388 U) fig. 1 depicts an air purifying device with ear pieces and a face mask
DE 202017107526 U1 fig. 1 depicts an air purifying device with ear pieces and a face mask
Applicant’s co-pending publications, including:
US 2025/0205520 A1
US 2024/0366973 A1
US 2024/0108921 A1
US 20240108920 A1
US 20240050783 A1
US 20240050781 A1
US 20240050779 A1
US 20240050785 A1
US 20230209237 A1
US 20230181937 A1
US 20220182749 A1
US 20220180850 A1
US 20220180851 A1
US 20210353974 A1
US 20210260414 A1
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785