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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed on 07/24/2023, 08/21/2023, 04/19/2024, and 02/04/2025 have been received and fully considered.
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)(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.
Claims 1-3, 5-11, and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2022037757A1 to Eromaki et al. (hereinafter “Eromaki”).
Regarding claim 1, Eromaki discloses a wearable air purification system (See Fig. 1 generally) comprising:
a support assembly (See Figs. 1b & 3 generally), comprising:
a first earpiece arranged to engage a first ear of a user (Figs. 1 & 2 ear part 103),
the first earpiece comprising an air filter (Fig. 4 replaceable filter 103c);
a second earpiece arranged to engage a second ear of the user (Figs. 1 & 2 ear part 104); 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 (Fig. 1 headband 102);
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 (Figs. 1b & 1c face protection part 101; Fig. 6 shows air enters the mask and is delivered to the mouth/nose area via the middle of face protection part 101d; Examiner notes the air first travels through filter 103c into the hollow passage (air channel) of face protection part 101; Page 3 lines 27-28 disclose the system delivers clean air through the mask to the user’s nose and mouth); 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 (Fig. 5 motor 103b-2, fan 103b-1; Fig. 6 shows air flow from the fan through the structure; Examiner notes the motor is radially offset from the filter in a horizontal direction).
Regarding claim 2, Eromaki discloses the system of claim 1, and Eromaki further discloses wherein the air filter extends around a curved path from a first end to a second end (Examiner notes the path including headband 102 through ear parts 103 and 104 down to protection part 101 is curved, thus all of the filter is part of the total curved path), the first and second ends being spaced from each other (See Annotated Fig. 4 for designations of the first and second ends of the filter), and wherein the motor is disposed in a gap between the first end and the second end of the filter (Fig. 4 shows motor 103b-2 is disposed with the gap of space between the designated first and second ends of the filter 103c).
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Regarding claim 3, Eromaki discloses the system of claim 2, and Eromaki further discloses wherein the curved path is generally annular (Examiner notes the path of air flow in the system is generally annular).
Regarding claim 5, Eromaki discloses the system of claim 1, and Eromaki further discloses wherein the motor lies in a common plane with the air filter (Fig. 4 & 5 the motor 103-b2 is in common plane with filter 103c).
Regarding claim 6, Eromaki discloses the system of claim 1, and Eromaki further discloses 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 (Fig. 4 ear part 103, filter 103c, ear part 104, filter 104c).
Regarding claim 7, Eromaki discloses the system of claim 6, and Eromaki further discloses wherein the first and second earpieces each comprise a respective motor arranged to drive a respective impeller to pump air through the air channel to the air delivery region (Figs. 4 & 5 ear part 103, motor 103b-2, ear part 104, motor 104b-2), each motor being radially offset from a centre of the respective air filter (Examiner notes each motor is radially offset from the filter in a horizontal direction).
Regarding claim 8, Eromaki discloses the system of claim 1, and Eromaki further discloses wherein the air delivery mask is connected to the first earpiece (Figs. 1 & 4 ear part 103 is connected to face protection part 101).
Regarding claim 9, Eromaki discloses the system of claim 1, and Eromaki further discloses wherein the air delivery mask is connected to the second earpiece (Figs. 1 & 4 ear part 104 is connected to face protection part 101).
Regarding claim 10, Eromaki discloses the system of claim 1, and Eromaki further discloses wherein the first earpiece and the second earpiece each comprise a respective audio device (Fig. 4 ear part 103, audio module 103a, ear part 104, audio module 104a).
Regarding claim 11, Eromaki discloses the system of claim 10, and Eromaki further discloses a communications module configured to receive a signal comprising audio data (Page 11 lines 8-10 disclose the face protection arrangement 101 may also have an audio receiver for wireless communications).
Regarding claim 13, Eromaki discloses the system of claim 1, and Eromaki further discloses a pump that comprises the motor and the impeller (Fig. 4 motor 103b-2, fan 103b-1 together comprise the pump).
Regarding claim 14, Eromaki discloses the system of claim 1, and Eromaki further discloses wherein the system is substantially symmetrical about an axis intersecting the air delivery region (See Figs. 1 & 2 generally; Examiner notes the system is symmetrical about the air delivery region (101d)).
Regarding claim 15, Eromaki discloses the system of claim 1, and Eromaki further discloses 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 (Fig. 4 shows the pivot frame is removably attached to both the support assembly (headband 102, first ear part 103, second ear part 104) and the air protection mask 101).
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.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Eromaki in view of US20180200544A1 to Liu (hereinafter “Liu”).
Regarding claim 4, Eromaki discloses the system of claim 3, and Eromaki further discloses wherein the air filter is circular (See Fig. 4 where the filter 103c is C-shaped). Eromaki does not disclose wherein the air filter is C-shaped. However, Liu teaches an air purification system which has C-shaped air filters (Fig. 1 air filter 10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the filter of Eromaki to be C-shaped, as taught by Liu, in order to provide an alternative shape of the air filter.
Regarding claim 12, Eromaki discloses the system of claim 1, and Eromaki further discloses the air delivery mask outlet comprises a set of openings to distribute air flow from the air channel over the air delivery region (Page 10 lines 1-5 disclose the face protection arrangement 101 contains openings to allow filtered air to be delivered to the user). Eromaki does not explicitly disclose wherein the set of openings are arranged in succession from one side of the air delivery region to the other. However, Liu teaches an air purification system which has openings in succession from one of an air delivery region to the other (Fig. 1 outlet groove 31, outlet groove 32, air transmission holes 33).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the face protection part of Eromaki to have openings arranged in succession from one side of the air delivery region to the other, as taught by Liu, in order to provide a continuous amount of positive pressure filtered air flow (Paragraph 0033).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20220062664-A1 to Yuen; US-20210402229-A1 to Choi; US-20210275842-A1 to Conrad; US-20200406069-A1 to Fu; US-20200346050-A1 to Xie; US-20200164236-A1 to Seo; US-20180296864-A1 to Feasey; US-20180236275-A1 to Song; US-20150297920-A1 to Takeuchi; US-20150343245-A1 to Nozaki; US-20170112203-A1 to Kaye; US-20140102442-A1 to Wilson; US-20130139816-A1 to Proctor; US-20120174922-A1 to Virr; US-20070240716-A1 to Marx; US-20180114518-A1 to Scanlan; and US-20180001120-A1 to Virr.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRANDY LEE can be reached at 571-270-3525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799