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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “light piping means” in claim 2 and “switch means” in claim 21.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 17, 21 and 22 are 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.
Regarding claims 17, 21 and 22, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 1-8, 10-15, 18-21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Shen (CN 111632184 A) in view of Conrad (US 2021/0274876 A1) and Hong (WO 2022/085843 A1).
Regarding claim 1, Shen discloses a head wearable air purifier (#110 fig 1-2), comprising: a filter assembly (#120 fig 1-3); at least one light source for emitting light (#140 fig 2-4, pg 6 ln 22-23 “lamp beads”); and, light emitted from the at least one light source to illuminate at least part of an upstream surface of the filter assembly for the decontamination thereof (pg 1 ln 37-40).
Shen is silent to a motor-driven impeller for creating an airflow through the filter assembly to obtain a filtered airflow downstream of the filter assembly and a light guide arranged to guide light emitted from the at least one light source to illuminate at least part of an upstream surface of the filter assembly.
Conrad teaches a head wearable air purifier with a filter assembly (#14 fig 119, #116 fig 119, par 0340) and a motor-driven impeller for creating an airflow through the filter assembly to obtain a filtered airflow downstream of the filter assembly (#130 fig 119, par 0370) and a light guide arranged to guide light (252 fig 119, par 0393).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a motor driven impellor as taught by Conrad on the air purifier of Shen as doing so assists in drawing air into the mask (Conrad: par 0370) therefore reducing the work a user will need to do to draw air into the mask. It would have further been obvious to incorporate light guides on the purifier of Shen such as light pipes taught by Conrad as doing so allows for the light source to be located closer to the other electronics like the battery (Shen #160 fig 2) while still emitting the light at the desired location of the filter upstream surface (Conrad: par 0393, 0398).
Modified Shen is silent to the light source emitting a light in a violet portion of the visual spectrum. Shen instead discloses the use of ultraviolet (UV) light.
Hong teaches light sterilization in an air purifier utilizing two types of light one in a UV-A wavelength of 100-200 nm and another in a wavelength of 395-405 nm (pg 3 ln 21-25). It is of note that wave lengths between 380 and 450 nm are considered visible violet light by applicant, specifically noting a wavelength of 405nm as visible violet light (see instant spec pg 11 ln 30-32).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate both UV-C and UV-A light as taught by Hong for the UV light sterilization of Shen as doing so allows for the less harmful 395-405 wavelength light to be used during use and the stronger sterilizing but harmful light to be used with the device is not in use (Hong: pg 4 ln 14-16) thus improving the sterilization and safety of the device.
Regarding claim 2, modified Shen discloses the purifier of claim 1. Modified Shen further discloses the light guide comprises light piping means (Conrad: par 0393, #252 fig 119) arranged to guide light emitted from the at least one light source through the light piping means to the upstream surface of the filter assembly (Shen: pg 1 ln 37-40 discloses light on the upstream surface of the filter thus the light piping means guides light to the upstream surface of the filter).
Regarding claim 3, modified Shen discloses the purifier of claim 2. Modified Shen further discloses the light piping means comprises at least one corner arranged to cause a change of direction of light being guided through the light piping means (see Conrad #252 fig 119 showing corners on the light pipes).
Regarding claim 4, modified Shen discloses the purifier of claim 2. Modified Shen does not expressly disclose at least part of the light piping means extends through, or is defined by, at least one structural component of the head wearable air purifier. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the light piping extend through the structural component of the filter casing (#124 and 123 fig 2-3 of Shen) so that the light source can be located by the battery (Shen: #160 fig 2).
Regarding claim 5, modified Shen discloses the purifier of claim 4. Modified Shen further disclose the at least one structural component includes a filter frame that is arranged to support the filter assembly (Shen: #124 and 123 fig 2-3).
Regarding claim 6, modified Shen discloses the purifier of claim 1. Modified Shen does not expressly disclose wherein the light guide is arranged to emit light in a direction substantially parallel to the upstream surface of the filter assembly. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the light be emitted in a direction parallel to the upstream surface of the filter as doing so allows for the light to irradiate the entire surface of the filter thus improving the sterilization effect.
Regarding claim 7, modified Shen discloses the purifier of claim 1. Modified Shen does not expressly disclose the light guide is arranged to emit light in a plurality of directions along the upstream surface of the filter assembly. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the light be emitted in a plurality of directions along the upstream surface of the filter as doing so prevents potential shadowing effects thus improving the sterilization effect.
Regarding claim 8, modified Shen discloses the purifier of claim 1. Modified Shen further discloses the head wearable air purifier comprising a filter shroud (Shen: #123 fig 2-3) for covering the upstream surface of the filter assembly, wherein light from the at least one light source illuminates a gap defined between the filter shroud and the upstream surface of the filter assembly (see Shen fig 2-3 showing light between the shroud 123 and the filter surface 130).
Regarding claim 10, modified Shen discloses the purifier of claim 8. Modified Shen does not expressly disclose a part of the light guide from which light, from the at least one light source, is emitted is positioned between the filter shroud and the upstream surface of the filter assembly. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have part of the light guide between the shroud and the filter as doing so allows for the light guide to diffuse and emit light onto the filter surface as intended by Shen.
Regarding claim 11, modified Shen discloses the purifier of claim 8. Modified Shen further discloses the filter shroud comprises a lip portion for fixing the filter shroud in place to cover the upstream surface of the filter assembly (Shen: #1232/1233 fig 2, pg 5 ln 27-30, ln 34-37 disclosing grooves on the sidewalls of the filter shroud in order to secure the components together with the filter secured inside).
Regarding claim 12, modified Shen discloses the purifier of claim 8. Modified Shen does not expressly disclose at least part of the light guide is attached to the filter shroud. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attach the light guide to the filter shroud in order to ensure that the light guide is secured in a position to properly light the filter as desired.
Regarding claim 13, modified Shen discloses the purifier of claim 1. Modified Shen further discloses the at least one light source is arranged at a side of the filter assembly opposite to the upstream surface of the filter assembly (as modified by Conrad, the light source is near the battery 160 of Shen which is at a side opposite the upstream surface of the filter).
Regarding claim 14, modified Shen discloses the purifier of claim 1. Modified Shen does not expressly disclose the at least one light source is attached to, or disposed adjacent to, at least one structural component of the head wearable air purifier. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attach the light source to a structural component such as the filter shroud/casing in order to ensure that the light source is secured to the device preventing disconnection.
Regarding claim 15, modified Shen discloses the purifier of claim 14. Modified Shen does not expressly disclose the at least one structural component is between the at least one light source and the light guide. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the structural component between the light source and light guide so that the structural components can secure both the light source and the light guide the reducing the necessary structural components.
Regarding claim 18, modified Shen discloses the purifier of claim 14. Modified Shen further discloses the at least one structural component includes a filter frame that is arranged to support the filter assembly (Shen: #123, 124 fig 2-3).
Regarding claim 19, modified Shen discloses the purifier of claim 1. Modified Shen further discloses the at least one light source is in the form of one or more LEDs (Hong: pg 3 ln 21-25).
Regarding claim 20, modified Shen discloses the purifier of claim 1. Modified Shen further discloses wherein the at least one light source is configured for emitting light with a wavelength of about 405 nm (Hong: pg 3 ln 24).
Regarding claim 21, modified Shen discloses the purifier of claim 1. Modified Shen further discloses the head wearable air purifier comprising switch means for switching the at least one light source between an on state, in which the light source emits light, and an off state, in which the light source does not emit light (Hong: pg 4 ln 5–12), optionally wherein the switch means is user operable (Hong: pg 4 ln 12).
Regarding claim 23, modified Shen discloses the purifier of claim 1. Modified Shen further discloses the head wearable air purifier including a nozzle for receiving the filtered air downstream of the filter assembly, and for directing the filtered air towards a user's mouth (Shen: #150, 1131 fig 1).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over modified Shen as applied to claim 8 above, and further in view of Lyon (US 2009/0205664 A1).
Regarding claim 9, modified Shen discloses the purifier of claim 8. Modified Shen is silent to an inner surface of the filter shroud, adjacent to the upstream surface of the filter assembly, comprises a light reflective coating, or is made from a light reflective material.
Lyon teaches a personal air purifier utilizing sterilizing light (abstract) wherein the inner surface of the sterilizing chamber comprises a light reflective coating (par 0010 “a reflective interior surface of the sterilization chamber adapted to reflect Ultra-Violet radiation”, par 0059 discloses reflective coating).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a reflective coating as taught by Lyon on the inner surface of the filter shroud as utilizing a reflective surface increases the light traveling within the filter shroud and thus allows for a reduction in the initial light source (Lyon par 0036).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over modified Shen as applied to claim 15 above, and further in view of Wach (US 6,174,424 B1).
Regarding claim 16, modified Shen discloses the purifier of claim 15. Modified Shen is silent to the at least one structural component is formed from a material that allows light emitted from the at least one light source to pass therethrough.
Wach teaches a light guide component with a transparent material through which the light can pass (col 40 ln 25-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a transparent material as taught by Wach for the structural component as doing so allows the light from the light source on one side of the structural component to pass through the structural component to the light guide on the other side thus allowing the modified device of Shen to operate as intended.
Regarding claim 17, modified Shen discloses the purifier of claim 16. Wach further teaches the material is a plastic material (col 40 ln 25-27 discloses “clear epoxy” thus disclosing plastic), optionally wherein the plastic material is acrylic, polycarbonate or polypropylene, or includes the use of polylactic acid (due to the presence of the term “optionally” this claim is met when only the former limitation is disclosed).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over modified Shen as applied to claim 1 above, and further in view of Xiao (CN 103961822 A).
Regarding claim 22, modified Shen discloses the purifier of claim 1. Modified Shen is silent to the head wearable air purifier comprising an ear assembly arranged to be worn over an ear of a user, wherein the ear assembly includes the filter assembly, the motor-driven impeller and the at least one light source; optionally wherein the ear assembly is a first ear assembly arranged to be worn over a first ear of the user, the head wearable air purifier comprising a second ear assembly arranged to be worn over a second ear of a user, wherein the second ear assembly includes a second filter assembly, a second motor-driven impeller for creating an airflow through the second filter assembly to obtain a filtered airflow downstream of the second filter assembly, and at least one second light source for emitting light in a violet portion of the visual spectrum
Xiao teaches a head wearable air purifier comprising an ear assembly (#8 fig 1-2) arranged to be worn over an ear of a user (fog 1-12), wherein the ear assembly includes the filter assembly (#9 fig 2, 13, 901 fig 13, pg 5 ln 58, pg 6 ln 4), the impeller (#10 fig 2 pg 5 ln 58) and the at least one light source (pg 2 ln 48-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the ear assembly structure of Xiao for the head wearable air purifier of modified Shen as doing so allows for the device to be comfortably worn with the bulk weight of the device closer to the users head by being located at the ear rather than under the chin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guth US 2008/0083411 A1 discloses a mask with light illuminating a filter
Litz US 2010/0132715 A1 discloses a respirator with light sterilization
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799