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 .
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 1-4, 7-8, 11, and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN203898976, hereinafter Xiao in view of Feasey et al (US 2018/0296864), hereinafter Feasey.
Regarding claim 1, Xiao teaches a wearable air purification system (Fig. 1) comprising:
a support assembly (Fig. 1: 1, 4), comprising:
a first earpiece arranged to engage a first ear of a user (Figs. 1-4: 4, Page 3 of the translation, “a pair of ear shells 4”;
a second earpiece arranged to engage a second ear of the user (Figs. 1-4: 4, Page 3 of the translation, “a pair of ear shells 4”;
a support member connecting the first earpiece to the second earpiece (fig. 3, 4: headband 1), the support member being arranged to be worn around the user’s head (Fig. 4); and
an air inlet; (Fig. 2: air inlet 5)
an air filter comprising, or in fluid communication with, the air inlet; (Fig. 2: air purifying device 9, page 3 “the air purifying device 9 includes HEPA filter 901) 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, (Fig. 4: mask 3 covers the user’s nose and mouth) 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; (Fig. 2: air channel 3, connected to air outlet 7) and
a motor to pump air through the air channel to the outlet. (Fig. 2: centrifugal fan 10, page 3 of the translation example 1, air purifying device 9 and the centrifugal fan 10 are sequentially installed from the outside to the inside of the cavity, the flow channel 3 has two ends connected with the fan and the middle of flow channel 3 and outlet 7 is located at the position of users nostrils)
However, Xiao does not explicitly state the motor arranged to drive an impeller to pump air.
Feasey teaches a mask for breathing filtered air (Abstract) wherein a motor is arranged to drive an impeller to pump air. (Paragraph 102, the respirator may include a fan supply unit comprising an electric motor, and impeller or fan to create an air pump.)
It would have been obvious to a person of ordinary skill in the art to include an impeller in the system of Xiao since impellers are a well-known method of creating a flow of positive pressure air to the user.(Paragraph 102)
Regarding claim 2, Xiao in view of Feasey teaches the system of claim 1, and Xiao further teaches wherein the support assembly comprises the air filter. (Fig. 2: the filter is located in the ear piece which part of the support assembly)
Regarding claim 3, Xiao in view of Feasey teaches the system of claim 1, and Xiao further teaches wherein the first earpiece comprises the air filter. (See Fig. 2, ear piece 4 contains the filter)
Regarding claim 4, Xiao in view of Feasey teaches the system of claim 3, and Xiao further teaches wherein the first and second earpieces (Figs. 1-4, page 3, “a pair of ear shells 4” ) each comprise a respective filter (Fig. 2: ear piece 4 includes filter 9), each air filter being arranged to deliver filtered air to the air channel of the air delivery mask, (page 3, the air purifying device 9 and fan are sequentially installed from outside to the inside of cavity, the flow channel 3 is respectively connected with the fan 10)each air filter comprising or being in fluid communication with, an air inlet of the support assembly. (Fig. 2 air inlet 5, filter 9)
Regarding claim 7, Xiao in view of Feasey teaches the system of claim 1, and Xiao further teaches wherein the air delivery mask is connected to the first earpiece. (See Figs. 1-4, ear piece 4 is connected to mask via channel 3)
Regarding claim 8, Xiao in view of Feasey teaches the system of claim 1, and Xiao further teaches wherein the air delivery mask is connected to the second earpiece. (See Figs. 1-4, ear piece 4 is connected to mask via channel 3)
Regarding claim 11, Xiao in view of Feasey teaches the system of claim 1, and Feasey teaches wherein the motor is disposed in the air channel. (See figs. 9, 10: motor 16, paragraph 193)
It would have been obvious to a person of ordinary skill in the art to have substituted the location of the motor from the ear piece to inside the air channel as taught by Feasey as this is an alternative location which would still provide airflow into the air passages.
Regarding claim 14, Xiao in view of Feasey teaches the system of claim 1, and Feasey further teaches comprising a pump that comprises the motor and the impeller. (paragraph 102, paragraph 194, all housed within a pump housing)
Regarding claim 15, Xiao in view of Feasey teaches the system of claim 1, and Xiao further teaches wherein the air delivery mask comprises first and second motors (Fig. 2: each ear piece 4 has a motor), the first motor being disposed on an opposite side of the outlet to the second motor (fig. 2: ear pieces with motors on each side), each of the first and second motors being arranged to drive respective impellers to pump air through the air channel to the outlet. (page 3, the flow channel and its two ends are respectively connected with the fan 10 installed in left and right ear shells 4 and directs air to outlet 7, Fig. 2)
Regarding claim 16, Xiao in view of Feasey teaches the system of claim 15, and Feasey further teaches wherein each of the first and second motors is comprised within a respective pump that comprises the respective impeller. (paragraph 194, fan, impeller all housed within a pump housing)
Regarding claim 17, Xiao in view of Feasey teaches the system of claim 1, and Xiao further teaches wherein the system is substantially symmetrical about an axis intersecting the air delivery region. (See Fig. 2)
Regarding claim 18, Xiao in view of Feasey teaches the system of claim 1, but Xiao does not teach 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.
However, Feasey teaches wherein the air delivery mask is coupled to the support assembly by one or more disengageable couplings (paragraph 32, a hollow section of the arm provides an attachment point for the air supply line to the face shield) such that the air delivery mask is detachable from the support assembly. (paragraph 32, paragraph 84)
It would have been obvious to a person of ordinary skill in the art prior to the filing date of the invention to have provided Xiao with a mask with disengageable couplings such that the mask is detachable so that the face shield may be easily cleaned. (paragraph 84)
Claims 5, 6, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Feasey and further in view of Han (US 2019/0009114), hereinafter Han.
Regarding claim 5, Xiao in view of Feasey teaches the system of claim 1, but Xiao does not teach that the motor is located inside the earpiece but not wherein the motor is disposed between the first earpiece and the outlet.
However, Han teaches a health mask using an air curtain (Abstract, Fig. 3) which teaches a motor (Fig. 3: 213) located between an ear piece (130) and the outlet (Fig. 3 outlets at 230 and at the end of air passage 240)
It would have been obvious to a person of ordinary skill in the art to have substituted the location of the motor from the ear piece to inside the mask as taught by Han as this is an alternative location which would still provide airflow into the air passages.
Regarding claim 6, Xiao in view of Feasey and Han teaches the system of claim 5, and Han teaches wherein the motor is closer to the first earpiece than to the outlet. (See fig. 3)
Regarding claim 12, Xiao in view of Feasey teaches the system of claim 1, but does not teach wherein the motor is housed in a side region of the air delivery mask to locate beside or beneath the user’s face, in use.
However, Han teaches a health mask using an air curtain (Abstract, Fig. 3) which teaches wherein the motor is housed in a side region of the air delivery mask to locate beside or beneath the user’s face, in use. (Fig. 3: 213)
It would have been obvious to a person of ordinary skill in the art to have substituted the location of the motor from the ear piece to inside the mask as taught by Han as this is an alternative location which would still provide airflow into the air passages.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Feasey and further in view of Jones (US 2015/0174435), hereinafter Jones.
Regarding claim 9, Xiao in view of Feasey teaches the system of claim 1, but does not teach wherein the first earpiece and the second earpiece each comprise a respective audio device.
However, Jones teaches a personal air filter device wherein the earphones may provide audio to the user of the device. (paragraph 61)
Therefore, it would have been obvious to a person of ordinary skill in the art prior to the filing date of the invention to have modified the device of Xiao in view of Feasey to include an audio device as taught by Jones in order to provide audio to the user from a device such as a cellphone, tablet or computer. (paragraph 61)
Regarding claim 10, Xiao in view of Feasey and Jones teaches the system of claim 9, and Jones further teaches comprising a communications module configured to receive a signal comprising audio data. (paragraph 61, may receive a signal from a Bluetooth enabled device)
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Feasey and further in view of Figueredo et al (US Pat. No. 5,878,742), hereinafter Figueredo.
Regarding claim 13, Xiao in view of Feasey teaches the system of claim 1, but does not teach 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.
However, Figueredo teaches an air delivery system (abstract, Figs. 1-2) wherein the air delivery outlet comprises a set of openings (Fig. 2: 22) arranged in succession from one side of the air delivery region to the other (Fig. 2), to distribute air flow from the air channel over the air delivery region. (Col. 4: lines 55-67, air is forced through perforations 22 and over the breathing zone of the wearer.)
It would have been obvious to a person of ordinary art to substitute the single outlet of Xiao for multiple openings arranged across the delivery region as taught by Figueredo to position the opening so that respirable air is focused advantageously.
Conclusion
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/MARGARET M LUARCA/ Primary Examiner, Art Unit 3785