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 § 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.
(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.
Claim(s) 1, 5-7, 11-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo et al. (US 2020/0164236 A1).
Regarding claim 1, Seo discloses a wearable air purification system (air purifying respirator, Abstract and Figure 2) comprising: a wearable support configured to be supported on a head of a user (first and second connector portions 310, 320, Figures 2-3 and Paragraph 0011); 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 (air mask portion 100 worn on the face of a user to deliver a flow of air to the user, Figures 2-3 and Paragraph 0062); wherein the wearable support includes a left side support and a right side support which support (first and second connector portions 310, 320 disposed on left and right sides of the head, Figures 2-3), at a front side of the system, the air delivery mask therebetween (air mask portion 100 disposed at the front of the system and between the first and second connector portions 310, 320, Figures 2-3); the system further comprising a motor housing for a motor (generator unit 200 comprising a housing 221 surrounding a motor 225, Paragraph 0067 and Figures 2-4), the motor being configured to drive the air flow to the air delivery region, in use (motor 225 drives air to flow towards the air mask portion 100, Paragraph 0066 and Figure 6 showing the flow path of the air from motor 225 towards mask 100), wherein the motor housing locates at a rear side of the user's head when the system is supported on the user's head in use (motor housing 221 and motor 225 disposed opposite from air mask portion 100, therefore located at the rear side of the user’s head, Figures 3-4).
Regarding claim 5, Seo further discloses wherein the left and right side supports are integrally formed together with the motor housing (the first and second connector units 310 and 320 are integrally formed with the housing 221, Paragraph 0073 and Figure 3).
Regarding claim 6, Seo further discloses wherein the left side support and the right side support are connected together, at the rear side of the system, via the motor housing (the first and second connector units 310 and 320 connect to one another at the rear side of the system via the housing 221, Figure 3 and Paragraph 0073).
Regarding claim 7, Seo further discloses wherein the left side support and the right side support are integrally formed together as a unitary part and wherein the motor housing is carried by or mounted on the unitary part at the rear side of the system (the first and second connector units 310 and 320 are integrally formed at the end portions of the first and second coupling pipes 311 and 321 and the housing 221, Paragraph 0073 and Figure 3).
Regarding claim 11, Seo further discloses a motor-driven impeller (motor 225 comprises rotary vane impeller 226a, Paragraph 0067 and Figure 5) for generating the airflow under the operation of the motor (operation of motor 225 generates airflow, Paragraphs 0067-0068), wherein each of the left and right side supports defines at least a part of an air flow path between the motor-driven impeller and the air delivery region (see airflow as shown in Figure 6, such that the first and second connector units 310, 320 define the air flow paths between the motor 225 and the face mask region 100).
Regarding claim 12, Seo further discloses wherein the motor-driven impeller is mounted within the motor housing together with the motor (see Figure 5 showing the impeller 226a mounted within motor housing 221 although with motor 225).
Regarding claim 13, Seo further discloses a filter associated with the motor for filtering air that is drawn into the air flow path (a filter module 210 is associated with the motor 225 such that it removes contaminants drawn into air flow path, Paragraph 0082 and Figure 3).
Regarding claim 14, Seo further discloses wherein the filter is mounted within the motor housing together with the motor so that the air flow passes through the filter before the motor (filter 210 is mounted within motor housing 200 together with the motor 225 such that the air is filtered before reaching the motor, Figure 4 and Paragraph 0082).
Regarding claim 15, Seo further discloses wherein the air delivery mask takes the form of an elongate bar (as Applicant’s specification broadly describes the “elongated bar” as a U-shape construction, the Examiner has taken this limitation to mean any U-shaped, elongated component covering the user’s nose and/or mouth region. Therefore, as Seo’s air mask 100 comprises a U-shaped elongated region extending from both sides, and covering the user’s mouth, as shown in Figure 6, the Examiner considers this limitation to be met by the prior art).
Regarding claim 17, Seo further discloses wherein the air delivery mask is slidably mounted relative to the left and right side supports so as to allow adjustment of a length of the system between the front side and the rear side (the first and second connector units 310, 320 are slidably connected to both sides of the mask unit 100, therefore fully capable of adjusting a length of the system between the front and rear side, Paragraph 0063 and Figure 3).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US 2020/0164236 A1) in view of Fabian et al. (US 2018/0078798 A1).
Regarding claim 2, Seo teaches the wearable purification system as claimed in claim 1, however is silent on further comprising an audio speaker assembly for mounting over ears of the user.
However, Fabian teaches a respirator mask (Abstract and Figure 1) comprising left and right side supports (cords 204 on left and right sides of device 100, Paragraph 0122 and Figure 2), further teaching an audio speaker assembly mounted over the ears of the user (an earphone 212 is mounted over each ear of the user, Paragraphs 0124 and 0135 and Figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Seo’s respirator mask assembly by including an audio speaker assembly mounted over the ears of the user, as taught by Fabian, as the incorporation of speakers near the user’s ears allows for the device to output music, recorded speech, recorded noises, or other types of information to the user as desired (Paragraph 0135 of Fabian).
Regarding claim 3, Fabian further teaches wherein the audio speaker assembly includes an audio speaker mounted in each of the left and right side supports (an earphone 212 is mounted over each ear of the user, and on each of the left and right side cords 204, Paragraphs 0124 and 0135 and Figures 1-2).
Regarding claim 4, Fabian further teaches wherein a rear section of each of the left and right side supports is coupled to the associated audio speaker assembly via a movable coupling so as to permit adjustment of each of the left and right side supports, and the motor housing, relative to the associated audio speaker assembly (an adjustment device 208 disposed on the rear section of each cord 204 allows for the adjustment of the length of the cords 204, and therefore the length of each relative to each speaker 212, Paragraph 0122).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Seo’s respirator mask assembly by including an audio speaker assembly mounted over the ears of the user, such that the speakers are coupled to the left and right side supports by a movable coupling to therefore allow for adjustment, as further taught by Fabian, as the incorporation of speakers near the user’s ears allows for the device to output music, recorded speech, recorded noises, or other types of information to the user as desired (Paragraph 0135 of Fabian), and providing an adjustment mechanism to permit length adjustment between the speaker assembly and the rest of the mask components allows for the user to make individual sizing changes as needed.
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US 2020/0164236 A1) in view of Kao et al. (US 10786691 B2).
Regarding claim 8, Seo teaches the wearable air purification system as claimed in claim 1, however is silent wherein the wearable support further includes a headband which spans the top of the head in use, the headband having first and second ends which connect with a respective one of the left and right side supports.
However, Kao teaches an air purifying respirator (Abstract and Figure 1) comprising left and right side supports (see left and right side supports 171, 170 and 161a, 160 as shown in Figures 40-41), further including a headband that spans the top of the user’s head in use (head support arrangement 630, Figures 40-41), the headband having first and second ends which connect to a respective left or right side support (headband 630 comprises support connectors 631 and 632 to receive respective lug 684 provided on the sides of connector arrangements 165, Figures 40-41).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Seo’s respirator mask assembly by including a headband connected to the left and right side supports, as taught by Kao, as providing a headband arrangement may provide further support of the apparatus on the user’s head while in use.
Regarding claim 9, Kao further teaches wherein the first and second ends of the wearable support are connected to the left and right side supports by respective movable couplings (headband 630 comprises support connectors 631 and 632 to receive respective lug 684 provided on the sides of connector arrangements 165, Figures 40-41).
Regarding claim 10, Kao further teaches wherein the headband includes an adjuster to adjust a span length of the headband over the top of the head (headband is comprises of a pair of adjustable hook and loop straps 681 and 682 to therefore adjust the length of the headband, Figures 40-41).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Seo’s respirator mask assembly by including an adjustable headband connected to the left and right side supports, as taught by Kao, as providing am adjustable headband arrangement may provide further support of the apparatus on the user’s head while in use.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US 2020/0164236 A1) in view of Feasey et al. (US 2018/0296864 A1).
Regarding claim 16, Seo teaches the wearable air purification system as claimed in claim 1, however doesn’t explicitly state wherein the left and right side supports are integrally formed with the air delivery mask.
However, Feasey teaches a respirator mask assembly (Abstract and Figure 1) comprising left and ride side support members in fluid communication with an air delivery mask (air supply lines 5 in fluid communication with the face shield 2, Paragraph 0183 and Figure 3) such that the left and right supports are integrally formed with the mask (the hollow section of the side support arms provides an integral air supply line to the face shield 2, Paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Seo’s respirator mask assembly by having the left and right side supports integrally formed with the face mask, as taught by Feasey, as providing the left and right side supports integrally formed with the face mask minimizes components and hence reduces manufacturing costs (Paragraph 0032 of Feasey).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785