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 § 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 20 recites the limitation "the head portion". There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is meant to refer back to the side head portion recited in claim 5 or another head portion. For examination purposes it is assumed that the filter must be in a head portion.
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, 5, 8-11, 13-14, 18-19, and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 2018/0200544), hereinafter Liu.
Regarding claim 1, Liu teaches a wearable air purification system (Abstract, Figs. 1-10, paragraph 33, breathing glasses for purifying air) comprising:
a wearable support configured to be supported on a head of a user (Fig. 3: 11, 12, right and left air transmission pipes support on ear of the user, Fig 10), 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;(Figs. 1,2: 30, paragraph 34, pipe body 30 and air guiding plate 37, paragraph 37, provided as an arc surface matched with a nose shape, forms air outlet groove to deliver air to the nose area)
wherein the wearable support includes a left side support and a right side support which support the air delivery mask therebetween (left and right supports 11, 12 support 30 and 37 between, see figs. 1-10), and a left side motor and a right side motor (Fig. 2: turbofan 13 and motor 17) configured to drive a respective left or right side air flow towards or away from the air delivery region (Paragraph 33, transfer air to the air curtain ejection and the air transmission device via transmission pipe, eject clean air from outlet groove), 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 (fig. 2: housing 101, 102), so that, when the wearable support is supported on the head in use, the motors sit rearward of or above the user’s ears. (Fig. 10: housing containing fan and motor is rearward of the user’s ears)
Regarding claim 2, Liu teaches the wearable air purification system as claimed in claim 1, wherein each of the left and right side supports include an elongate side portion which extends rearwards from the air delivery mask. (Figs. 1-10, elongate side portions 11 and 12)
Regarding claim 3, Liu teaches the wearable air purification system as claimed in claim 1 and further teaches wherein the air delivery mask takes the form of an elongate bar. (Figs. 1, 2, 10: items 30, 37 are bar-shaped)
Regarding claim 5, Liu teaches the wearable air purification system as claimed in claim 1, and further teaches wherein each of the left and right side supports includes a side head portion which extends over a portion of the user’s head rearward of the user’s ears, when the wearable support is supported on the head in use. (Fig. 10, Fig. 14, portion of side support which extends above and around motor housing):
Regarding claim 8, Liu teaches the wearable air purification system as claimed in claim 1, and further teaches wherein each of the left and right side supports defines a respective bridge section which sits above a respective ear of the user, when the wearable support is supported on the head in use. (See annotated Figured below)
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Regarding claim 9, Liu teaches the wearable air purification system as claimed in claim 8, and further teaches wherein each of the left and right side bridge sections defines a respective one of motor housings so that the motors locate above a respective ear of the user, when the wearable support is supported on the head in use. (Motor housings 101,102 are located rearward of the ear, Fig. 10)
Regarding claim 10, Liu teaches the wearable air purification system as claimed in claim 1, wherein each of the left and right side motor housings is positioned remote from the air delivery region so as to locate rearward of the ears of the user when the wearable support is supported on the head in use. (fig. 2, Fig. 10; the motor housing is located rearward of the ear)
Regarding claim 11, Liu teaches the wearable air purification system as claimed in claim 10, and further teaches wherein the motor housings define a gap between them at the rear of the user’s head when the wearable support is supported on the head in use. (Figs. 1-10, there is a gap between the 2 housings at the back of the user’s head)
Regarding claim 13, Liu teaches the wearable air purification system as claimed in claim 1, wherein each of the left and right side supports includes a recess which exposes a respective left or right ear of the user when the wearable support is supported on the head in use. (See annotated figure below. The ear is exposed by curved recess in the side arm, also see Fig. 1)
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Regarding claim 14, Liu teaches the wearable air purification system as claimed in claim 8, and further teaches wherein each of the left and right side bridge sections includes a recess which exposes a respective left or right ear of the user when the wearable support is supported on the head in use. (See annotated figure below. The ear is exposed by curved recess in the side arm, also see Fig. 1)
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Regarding claim 18, Liu teaches the wearable air purification system as claimed in claim 1, and further teaches comprising a filter associated with each of the left and right side motors for filtering the air flow. (Paragraph 33, each filter comprises a filter casing, a composite filter layer disposed within the filter casing, Figs. 2, 7: filter layers 41, 42, 43)
Regarding claim 19, Liu teaches the wearable air purification system as claimed in claim 18, and further teaches wherein each filter is located in the motor housing together with the associated motor. (Fig. 2, Filter layers are included in same housing with motor 17, fan 13)
Regarding claim 22, Liu teaches the wearable air purification system as claimed in claim 1, and further teaches wherein both of the left and right side motors are configured to drive the airflow towards the air delivery region. (Paragraph 33, both transmission pipes open to outlets in the nose region, grooves 31, 32)
Regarding claim 23, Liu teaches the wearable air purification system as claimed in claim 1, and further teaches wherein the wearable support includes a head portion for covering a portion of the user’s head. (Fig. 10: glasses 21)
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 1-2, 5-7, 10-12, 15, 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Virr (WO 2013/082650, as cited on the 7/24/23 IDS), hereinafter Virr in view of Czajka et al (US 2012/0240315), hereinafter Czajka.
Regarding claim 1, Virr teaches a wearable air purification system (Fig. 38) comprising:
a wearable support configured to be supported on a head of a user (Figs. 1-10C, Fig. 38: support side tubing and headband 528, Fig. 1 side supports 8, 15), and
an air delivery mask (Fig. 38: mask 328) which is shaped to at least partially bound an air delivery region and to deliver a flow of air to the air delivery region (Fig. 38, 39a, mask is shaped to cover the nose and mouth);
wherein the wearable support includes a left side support and a right side support which support the air delivery mask therebetween (Resilient arms 8 and 15, Fig. 1, Fig. 38) and a motor (generation unit 503, Page 30: lines 30-35, the air flow generator comprises an impeller 4, see Fig. 1) configured to drive a respective left or right side air flow towards or away from the air delivery region (Fig. 1, Page 30: lines 30-37, the motor being mounted within a side support so that (Fig. 1: located on airline 8 and supported in housing 3, 503), when the wearable support is supported on the head in use, the motors sit rearward of or above the user’s ears. (See Figs. 10C, 38, 39a)
Virr does not teach a left side and right side motor being mounted with a respective right and left side support.
However, Czajka teaches a respiratory device (Fig. 5) which has a left side motor and a right side motor (First fan 540, second fan 542) 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 (See Fig. 5, each fan is mounted on side supports)
Therefore, a left side motor and right side motor and each of the left and right side motors being mounted within a respective left or right side motor mounting on a respective on of the left and right side supports flows from the combination of Virr and Czajka.
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 Virr to add an additional motor as suggested by Czajka in order to provide additional assistance exhausting the mask. (Paragraph 52)
Regarding claim 2, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, further teaches wherein each of the left and right side supports include an elongate side portion which extends rearwards from the air delivery mask. (See Virr Fig. 1: elongate side portions 8 and 15)
Regarding claim 5, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and Virr further teaches wherein each of the left and right side supports includes a side head portion which extends over a portion of the user’s head rearward of the user’s ears, when the wearable support is supported on the head in use. (Fig. 10C: tubing 8 extends to housing 3 which is rearward of the user’s ears)
Regarding claim 6, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and Virr further teaches wherein the wearable support further includes a support device which has first and second ends and wherein a respective one of the left and right side supports connects with a respective one of the first and second ends. (Fig. 38: headband 528 connects with end of side tubing)
Regarding claim 7, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 6, and Virr further teaches wherein the support device is a headband which spans the top of the head in use. (Fig. 38: headband 528)
Regarding claim 10, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and further teaches wherein each of the left and right side motor housings is positioned remote from the air delivery region so as to locate rearward of the ears of the user when the wearable support is supported on the head in use. (Virr Fig. 10C, Fig. 38, right and left side motor housing 3, 503 are located behind the ears, Czajka teaches two motors, fig. 5)
Regarding claim 11, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 10, and further teaches wherein the motor housings define a gap between them at the rear of the user’s head, when the wearable support is supported on the head in use. (Virr Fig. 10c, 10E, gap is shown between the housings, the modified Virr and Czajka teaches two motor housings)
Regarding claim 12, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and Virr further teaches wherein the left and right side supports connect to one another, (See Fig. 10E, connected to each other via 16B, 17B) or are formed integrally with one another, at the rear of the user’s head so as to define a closed loop structure with the air delivery mask. (Fig. 10E)
Regarding claim 15, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and Virr further teaches comprising an audio device mounted on each of the left and right side supports, each of the audio devices being configured to delivery audible sound to a respective ear of the user. (Fig. 38: 530, page 69: lines 25-30, earphones for generating audio for a user),
Regarding claim 17, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and Virr teaches further teaches wherein each of the motor housing houses a motor-driven impeller to deliver a respective one of the left or right side air flows to or away from the air delivery region. (Virr, page 30, lines 32-35, an impeller 4 which is arranged to positively pressurize air drawn in from the outside environment which is driven by motor 5) and Czajka teaches the right and left motor housings. (Fig. 5 Czajka)
Therefore, the combination of Virr in view of Czajka teaches wherein each of the left and right motor housings houses a motor-driven impeller to deliver a respective one of the left or right side air flows to or away from the air delivery region
Regarding claim 18, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, and further teaches comprising a filter associated with each of the left and right side motors for filtering the air flow. (Virr, page 30 lines 37, motor housing includes filter 6, pages 34, lines 25-20 filter may be used to filter exhaust air, Czajka teaches 2 motor housings)
Therefore the combination of Virr with Czajka teaches a filter associated with each of the left and right side motors for filtering the air flow.
Regarding claim 19, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 18, and further teaches wherein each filter is located in the motor housing together with the associated motor.(Virr, page 30 line 37 included in motor housing, Czajka teaches 2 motor housings.)
Regarding claim 20, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 5,further comprising a filter associated with each of the left and right side motors for filtering the air flow, (Virr, page 30 lines 37, motor housing includes filter 6, pages 34, lines 25-20 filter may be used to filter exhaust air, Czajka teaches 2 motor housings)wherein each of the filters is located within the head portion. (Both filters are located in housings which are located on the head and are therefore head portions)
Regarding claim 21, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, wherein one of the left and right side motors is configured to drive the airflow towards the air delivery region and the other of the left and right side motors is configured to suck the air flow away from the air delivery region. (Fig. 1 of Virr shows the air flow from the motor intake side and exiting to the opposite housing, Czajka teaches a second motor for sucking air out of the mask, Paragraph 52)
Therefore the combination of Virr in view of Czajka teaches wherein one of the left and right side motors is configured to drive the airflow towards the air delivery region and the other of the left and right side motors is configured to suck the air flow away from the air delivery region.
Claims 3-4 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Virr in view of Czajka and further in view of DE102017011973 (as cited on the 7/24/23 IDS), hereinafter Sanchez.
Regarding claim 3, Virr teaches the wearable air purification system as claimed in claim 1 wherein the air delivery mask takes the form of an elongate bar.
Sanchez teaches a breathing mask (Figs. 1-4 ) wherein the air delivery mask takes the form of an elongate bar. (Figs 1-3: 30)
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 Virr in view of Czajka so that the delivery mask takes the form of an elongate bar as taught by Sanchez since the courts have held that changes in shape is a matter of choice which a person of ordinary skill in the art would have found obvious persuasive evidence of that the claimed configuration was significant.
Regarding claim 4, Virr in view of Czajka and Sanchez teaches the wearable air purification system as claimed in claim 2, and Sanchez further teaches wherein the air delivery mask takes the form of an elongate bar and wherein the elongate side portions are arranged in line with the elongate bar of the air delivery mask. (Figs. 1-4: elongate side portions 82 are in line with mask 30)
Regarding claim 23, Virr in view of Czajka teaches the wearable air purification system as claimed in claim 1, but does not teach wherein the wearable support includes a head portion for covering a portion of the user’s head.
However, Sanchez teaches a similar device (Figs. 104) wherein the wearable support includes a head portion for covering the user’s head. (Fig. 4: 100, helmet)
It would have ben obvious to a person or ordinary skill in the art to have modified the wearable air purification system of Virr in view of Czajka to include a head portion for covering a user’s head as taught by Sanchez so that the device may be used while doing activities such as bicycling.
Regarding claim 24, Virr in view of Czajka and Sanchez teaches the wearable air purification system as claimed in claim 23, and Sanchez further teaches wherein the head portion forms a part of a hat, a helmet or a cap. (fig. 4; helmet 100)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Virr (WO 2013/082650), hereinafter Virr in view of Czajka et al (US 2012/0240315), hereinafter Czajka, and further in view of Jones (US 2015/0174435), hereinafter Jones.
Regarding claim 16, Virr in view of Czajka teaches teaches the wearable air purification system as claimed in claim 1, but does not teach wherein the air delivery mask is slidably mounted relative to the left and right side supports.
However, Jones teaches a personal air filter device (Abstract, Fig. 1) which teaches an air delivery mask (10) which is slidably mounted relative to a side support. (Fig. 3: telescoping joint 8 into tube 6 relative to the user’s face.)
Therefore, an air delivery mask slidably mounted relative the left and right side supports flows from the combination of Virr, Czajka, and Jones.
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 Virr in view of Czajka with the mask slidably mounted relative to the right and left side supports to accommodate a user’s head size for a better fit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET M LUARCA whose telephone number is (303)297-4312. The examiner can normally be reached 6:30 am - 3:30 pm MT.
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/MARGARET M LUARCA/Primary Examiner, Art Unit 3785