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
Acknowledgement is made to Applicant’s claim to priority to National Stage App. PCT/US21/64440 filed December 20, 2021 and to U.S. Provisional App. No. 63/128,098 filed December 19, 2020.
Status of Claims
This Office Action is responsive to the preliminary amendment filed on June 16, 2023. As directed by the amendment: claims 1-9 have been cancelled; and Claims 10-29 have been added. Thus, claims 10-29 are presently pending in this application.
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.
Claim(s) 10-17, 19-20, and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 203802973-U; hereinafter: “Chen”; machine translation accessed November 29, 2025 relied upon herein.).
Regarding Claim 10, Chen disclose a system for closed-circuit combined respiration, comprising: a closed-circuit breathing apparatus (100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 115; Fig. 1) configured to selectively operate in a closed-circuit mode of the system (¶¶ 0072, 0074-0077, 0086; Fig. 1); and a powered air purifying respirator (PAPR) (Fig. 1) in fluid communication with the closed-circuit breathing apparatus (¶¶ 0012, 0013, 0015, 0038, 0046, 0050, 0056, 0072-0076), the PAPR configured to selectively operate in a PAPR mode of the system (¶¶ 0012, 0013, 0015, 0038, , 0046, 0050, 0056, 0072-0076).
Regarding Claim 11, Chen disclose the system wherein the closed-circuit breathing apparatus includes: a carbon dioxide scrubber (109; Fig. 1) configured to receive an exhaled gas and scrub carbon dioxide from the exhaled gas [¶¶ 0072, 0074-0077, 0086; Fig. 1; Examiner notes: Chen discloses carbon dioxide scrubbing canister (109) with carbon dioxide absorption conversion equipment receives exhalation waste gas and removes carbon dioxide from the exhalation waste gas when in closed road state (mode).]; a breathing bag (112; Fig. 1) in fluid communication with the carbon dioxide scrubber (¶ 0072), the breathing bag configured to receive the scrubbed gas (¶ 0072); and an oxygen system (104; Fig. 1) configured to infuse the scrubbed gas with oxygen, resulting in an enriched gas (¶¶ 0072, 0074, 0086, 0089).
Regarding Claim 12, Chen disclose the system wherein the carbon dioxide scrubber is a carbon dioxide scrubbing canister [¶¶ 0072, 0074-0077, 0086; Fig. 1; Examiner notes: Chen discloses carbon dioxide scrubbing canister (109) with carbon dioxide absorption conversion equipment receives exhalation waste gas and removes carbon dioxide from the exhalation waste gas when in closed road state (mode).].
Regarding Claim 13, Chen disclose the system wherein the closed-circuit breathing apparatus further includes a breathing hose (A, Fig. A annotated below) configured to transmit the enriched gas for inhalation [¶¶ 0072, 0086, 0089; Fig.1 ; Examiner notes: Chen discloses a connection (breathing hose) which supplies the enriched gas from breathing bag 112 for inhalation in mask 107 when in the closed road state.].
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Figure A, Adapted from Figure 1 of Chen.
Regarding Claims 14-15, the modified device of Chen discloses the system of claim 11 wherein the closed-circuit breathing apparatus further includes a cooler comprises a plurality of heatsink fins (a plurality of heatsink fins tank 109 and cooling box 111; Fig. 1; ¶¶ 0072, 0074-0076) configured to cool the enriched gas mode [¶¶ 0056, 0072, 0074-0076; Fig. 1; Examiner notes: Chen discloses the cooler comprising a plurality of heatsink fins of tank 109 and a cooling box 111 that applies cooling effect to the enriched gas.], wherein the cooler is disposed downstream of the breathing bag (Fig. 1).
Regarding Claim 16, Chen disclose the system further comprising a tube (B, Fig. A annotated above) configured to receive the exhaled gas and cause at least a portion of the exhaled gas to bypass the carbon dioxide scrubber when the system is operating in the PAPR mode [¶¶ 0072-0076; Examiner notes: Chen discloses a shunt (tube) to exhalation control valve 108 discharges gas in tank 109 shell fin surface (i.e. bypassing the canister).].
Regarding Claim 17, Chen disclose the system further comprising an over-pressure valve (OPV) (venturi pipe valve; ¶ 0072) configured to expel at least a portion of the exhaled gas into an interior of a case, thereby creating positive pressure therein, when the system is operating in the PAPR mode (¶ 0072; Fig. 1; Examiner notes: Chen discloses the venturi pipe valve (over-pressure valve "OPV").
Regarding Claim 19, Chen disclose the system wherein the PAPR is fluidly connected to the breathing bag of the closed-circuit breathing apparatus [¶¶ 0072, 0086, 0089; Fig.1 ; Examiner notes: Chen discloses a connection (breathing hose) which supplies the enriched gas from breathing bag 112 for inhalation in mask 107 when in the closed road state.].
Regarding Claim 20, Chen disclose the system wherein the PAPR includes a valve configured to selectively permit the filtered external air to flow into the breathing bag when the system is operating in the PAPR mode (¶¶ 0012, 0013, 0015, 0038, 0046, 0050, 0056, 0072-0076).
Regarding Claims 24, Chen disclose a system for closed-circuit combined respiration , comprising: a carbon dioxide scrubbing canister (109; Fig. 1) configured to receive exhaled gas and scrub carbon dioxide from the exhaled gas when the system is operating in a closed-circuit mode [¶¶ 0072, 0074-0077, 0086; Fig. 1; Examiner notes: Chen discloses carbon dioxide scrubbing canister (109) with carbon dioxide absorption conversion equipment receives exhalation waste gas and removes carbon dioxide from the exhalation waste gas when in closed road state (mode).]; a breathing bag (112; Fig. 1; ¶ 0072) configured to receive the scrubbed gas when in the closed-circuit mode (¶ 0072); an oxygen bottle(100; Fig. 1), an oxygen bottle valve (104 oxygen bottle valve; Fig. 1; ¶¶ 0072, 0074), and an oxygen bottle regulator (104 -oxygen bottle regulator; Fig. 1; ¶¶ 0072, 0074) configured to infuse the scrubbed gas with oxygen, resulting in an enriched gas when the system is operating in the closed-circuit mode [¶¶ 0072, 0086, 0089; Fig. 1; Examiner notes: Chen discloses a compressed air bottle 100 (oxygen bottle) safety valve 104 (oxygen bottle valve) and quantitative steam supply valve 104 (oxygen bottle regulator) directs (infuse) the flow of oxygen to venturi pipe valve 110 providing enriched gas to breathing bag 112 when in the closed road state.]; a cooler comprising a plurality of heatsink fins (a plurality of heatsink fins tank 109 and cooling box 111; Fig. 1; ¶¶ 0072, 0074-0076) configured to cool the enriched gas when the system is operating in the closed-circuit mode [¶¶ 0056, 0072, 0074-0076; Fig. 1; Examiner notes: Chen discloses the cooler comprising a plurality of heatsink fins of tank 109 and a cooling box 111 that applies cooling effect to the enriched gas when in the closed road state.]; a breathing hose (A, Fig. A annotated above) configured to transmit the enriched gas for inhalation when the system is operating in the closed-circuit mode [¶¶ 0072, 0086, 0089; Fig. 1; Examiner notes: Chen discloses a connection (breathing hose) which supplies the enriched gas from breathing bag 112 for inhalation in mask 107 when in the closed road state.].
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.
Claim(s) 18 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Patel et al. (U.S. Pub. No. 2018/0036562; hereinafter: “Patel”).
Regarding Claim 18, Chen discloses the system of claim 10, shown above.
Chen does not specifically disclose the system wherein the PAPR is configured to intake and filter external air.
Patel teaches an apparatus for providing air flow comprising a PAPR (¶¶ 0056, 0057, 0059) configured to intake and filter external air while a valve is open (¶¶ 0038, 0039, 0041 Examiner notes: Patel discloses the apparatus has the ability to turn on and off the filtering of the air.); and a cooler (100; Fig. 1C) configured to receive the filtered external air and transmit the filtered external air for inhalation when the system is operating in the PAPR mode (¶¶ 0014-0015, 0032, 0039, 0059, 0060) for the purpose of providing the user good air quality that also cools the user (¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (¶ 0038).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Chen to include the PAPR configured to intake and filter external air while the valve is open, thereby allowing the filtered external air to flow into the breathing bag when in the PAPR mode, wherein the cooler is configured to receive the filtered external air from the breathing bag and transmit the filtered external air to the breathing hose for inhalation when the system is operating in the PAPR mode as taught by Patel for the purpose of providing the user good air quality that also cools the user (See Patel: ¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (See Patel: ¶ 0038).
Regarding Claim 21, Chen discloses the system of claim 19, shown above.
Chen does not specifically disclose the system wherein a cooler and a breathing hose of the closed- circuit breathing apparatus is configured to receive and transmit the filtered external air from the breathing bag for inhalation when the system is operating in the PAPR mode .
Patel teaches an apparatus for providing air flow comprising a PAPR (¶¶ 0056, 0057, 0059) configured to intake and filter external air while a valve is open (¶¶ 0038, 0039, 0041 Examiner notes: Patel discloses the apparatus has the ability to turn on and off the filtering of the air.); and a cooler (100; Fig. 1C) configured to receive the filtered external air and transmit the filtered external air for inhalation when the system is operating in the PAPR mode (¶¶ 0014-0015, 0032, 0039, 0059, 0060) for the purpose of providing the user good air quality that also cools the user (¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (¶ 0038).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Chen to include the PAPR configured to intake and filter external air while the valve is open, thereby allowing the filtered external air to flow into the breathing bag when in the PAPR mode, wherein the cooler is configured to receive the filtered external air from the breathing bag and transmit the filtered external air to the breathing hose for inhalation when the system is operating in the PAPR mode as taught by Patel for the purpose of providing the user good air quality that also cools the user (See Patel: ¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (See Patel: ¶ 0038).
Regarding Claim 22, Chen discloses the system of claim 18 wherein the PAPR is in fluid communication with a cooler (See Chen: a plurality of heatsink fins tank 109 and cooling box 111; Fig. 1; ¶¶ 0072, 0074-0076) of the closed-circuit breathing apparatus via a PAPR cooling tube (See Patel: 102; Fig. 1A, 1B), wherein the PAPR cooling tube is configured to transmit at least a portion of the filtered external air to the cooler for a cooling thereof when the system is operating in the closed-circuit mode (See Patel: ¶¶ 0015, 0032-0034, 0039, See Chen: ¶¶ 0056, 0072, 0074-0076).
Regarding Claim 23, Chen discloses the system of claim 18 wherein a carbon dioxide bottle and controller configured to infuse the PAPR air with carbon dioxide for cooling the heatsink fins when in the closed-circuit mode [See Chen: ¶¶ 0072, 0075, 0077; Fig. 1; Examiner notes: Chen discloses a carbon dioxide absorption conversion equipment (carbon dioxide bottle and carbo dioxide controller) infuses the contaminated respiratory droplets waste gas (PAPR air) with carbon dioxide for cooling the shell fin surface.].
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Xia (CN 111420313 A; machine translation accessed November 29, 2025 relied upon herein.).
Regarding Claim 25, Chen discloses the system of claim 24, shown above.
Chen does not specifically disclose the system further comprising a diluent bottle, a diluent bottle valve, and a diluent bottle regulator for infusing at least one of the exhaled gas, the scrubbed gas, and the enriched gas with a diluent when the system is operating in the closed-circuit mode.
Xia teaches a diluent bottle (2; Fig. 1), a diluent bottle valve (15; Fig. 1), and a diluent bottle regulator (21; Fig. 1) for infusing at least one of the exhaled gas, the scrubbed gas, and the enriched gas with a diluent when the system is operating in the closed-circuit mode [¶¶ 27-31; Fig. 1; Examiner notes: Xia discloses purifying bottle 2 (diluent bottle), flow valve 15 (diluent valve), and multilayer filter screen 21 (diluent bottle regulator) infuses the exhaled gas with adsorbent 22 (diluent) when in the closed-circuit mode.] for the purpose of gaining the advantages of the filtering mechanism filters the odor molecules discharged from the air outlet pipe (¶ 0011).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Chen to include the diluent bottle, diluent bottle valve, and diluent bottle regulator for infusing at least one of the exhaled gas, the scrubbed gas, and the enriched gas with a diluent when the system is operating in the closed-circuit mode as taught by Xia for the purpose of gaining the advantages of the filtering mechanism filters the odor molecules discharged from the air outlet pipe (See Xia: ¶ 0011).
Claim(s) 26-29 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Patel in view of Gauthier (U.S. Pub. No. 2019/0358472).
Regarding claim 26, Chen discloses the system of claim 24 further comprising: a tube (B, Fig. A annotated above) configured to receive the exhaled gas and cause at least a portion of the exhaled gas to bypass the carbon dioxide scrubber when the system is operating in the PAPR mode [¶¶ 0072-0076; Examiner notes: Chen discloses a shunt (tube) to exhalation control valve 108 discharges gas in tank 109 shell fin surface (i.e. bypassing the canister).]; an over-pressure valve (OPV) (venturi pipe valve; ¶ 0072) configured to expel at least a portion of the exhaled gas into an interior of a case, thereby creating positive pressure therein, when the system is operating in the PAPR mode (¶ 0072; Fig. 1; Examiner notes: Chen discloses the venturi pipe valve (over-pressure valve "OPV"); a PAPR allowing air to flow into the breathing bag when in the PAPR mode (¶¶ 0012, 0013, 0015, 0038, , 0046, 0050, 0072, 0074).
Chen does not specifically disclose the system wherein the PAPR is configured to intake and filter external air while a barrel valve is open, thereby allowing the filtered external air to flow into the breathing bag when in the PAPR mode, wherein the cooler is configured to receive the filtered external air from the breathing bag and transmit the filtered external air to the breathing hose for inhalation when the system is operating in the PAPR mode.
Patel teaches an apparatus for providing air flow comprising a PAPR (¶¶ 0056, 0057, 0059) configured to intake and filter external air while a valve is open (¶¶ 0038, 0039, 0041 Examiner notes: Patel discloses the apparatus has the ability to turn on and off the filtering of the air.); and a cooler (100; Fig. 1C) configured to receive the filtered external air and transmit the filtered external air for inhalation when the system is operating in the PAPR mode (¶¶ 0014-0015, 0032, 0039, 0059, 0060) for the purpose of providing the user good air quality that also cools the user (¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (¶ 0038).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Chen to include the PAPR configured to intake and filter external air while the valve is open, thereby allowing the filtered external air to flow into the breathing bag when in the PAPR mode, wherein the cooler is configured to receive the filtered external air from the breathing bag and transmit the filtered external air to the breathing hose for inhalation when the system is operating in the PAPR mode as taught by Patel for the purpose of providing the user good air quality that also cools the user (See Patel: ¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (See Patel: ¶ 0038).
The modified device of Chen does not specifically disclose the valve of the PAPR is a barrel valve.
Gautheir teaches a barrel valve (Fig. 1; ¶¶ 0042-0043) that allows for a plurality of configurations for an open-closed breathing device (¶¶ 0006, 0035, 0042-0043).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the valve of the PAPR of the modified device of Chen to be a barrel valve as taught by Gautheir for the purpose of allows for a plurality of configurations for an open-closed breathing device (See Gautheir: ¶¶ 0006, 0035, 0042-0043).
Regarding Claim 27, the modified device of Chen discloses the system of claim 26, further comprising a PAPR cooling tube (See Patel: 102; Fig. 1A, 1B) configured to transmit at least a portion of the filtered external air to the cooler for cooling the heatsink fins when the system is operating in the closed-circuit mode (See Patel: ¶¶ 0015, 0032-0034, 0039)
Regarding Claim 28, Chen discloses the system of claim 26 wherein a carbon dioxide bottle and controller configured to infuse the PAPR air with carbon dioxide for cooling the heatsink fins when in the closed-circuit mode [¶¶ 0072, 0075, 0077; Fig. 1; Examiner notes: Chen discloses a carbon dioxide absorption conversion equipment (carbon dioxide bottle and carbo dioxide controller) infuses the contaminated respiratory droplets waste gas (PAPR air) with carbon dioxide for cooling the shell fin surface.].
Regarding Claims 29, Chen disclose a system for closed-circuit combined respiration, comprising: a case (“utility model”; Fig. 1; ¶ 0072) configured to house a breathing bag (112; Fig. 1; ¶ 0072); a carbon dioxide scrubbing canister (109; Fig. 1) configured to receive exhaled gas and scrub carbon dioxide from the exhaled gas when the system is operating in a closed-circuit mode [¶¶ 0072, 0074-0077, 0086; Fig. 1; Examiner notes: Chen discloses carbon dioxide scrubbing canister (109) with carbon dioxide absorption conversion equipment receives exhalation waste gas and removes carbon dioxide from the exhalation waste gas when in closed road state (mode).], wherein the breathing bag is configured to receive the scrubbed gas when the system is operating in the closed-circuit mode (¶ 0072); an oxygen bottle (100; Fig. 1), an oxygen bottle valve (104 oxygen bottle valve; Fig. 1; ¶¶ 0072, 0074), and an oxygen bottle regulator (104 -oxygen bottle regulator; Fig. 1; ¶¶ 0072, 0074) configured to infuse at least one of the exhaled gas and the scrubbed gas with oxygen resulting in enriched gas when the system is operating in the closed-circuit mode [¶¶ 0072, 0086, 0089; Fig. 1; Examiner notes: Chen discloses a compressed air bottle 100 (oxygen bottle) safety valve 104 (oxygen bottle valve) and quantitative steam supply valve 104 (oxygen bottle regulator) directs (infuse) the flow of oxygen to venturi pipe valve 110 providing enriched gas to breathing bag 112 when in the closed road state.]; a cooler comprising a plurality of heatsink fins (a plurality of heatsink fins tank 109 and cooling box 111; Fig. 1; ¶¶ 0072, 0074-0076) configured to cool the enriched gas when the system is operating in the closed-circuit mode [¶¶ 0056, 0072, 0074-0076; Fig. 1; Examiner notes: Chen discloses the cooler comprising a plurality of heatsink fins of tank 109 and a cooling box 111 that applies cooling effect to the enriched gas when in the closed road state.]; a breathing hose (A, Fig. A annotated below) configured to transmit the enriched gas for inhalation when the system is operating in the closed-circuit mode [¶¶ 0072, 0086, 0089; Fig. 1; Examiner notes: Chen discloses a connection (breathing hose) which supplies the enriched gas from breathing bag 112 for inhalation in mask 107 when in the closed road state.]; a tube (B, Fig. A annotated below) configured to receive the exhaled gas and cause at least a portion of the exhaled gas to bypass the canister when in a powered air purifying respirator (PAPR) mode [¶¶ 0072-0076; Examiner notes: Chen discloses a shunt (tube) to exhalation control valve 108 discharges gas in tank 109 shell fin surface (i.e. bypassing the canister).]; an over-pressure valve (OPV) (venturi pipe valve; ¶ 0072) configured to expel at least a portion of the exhaled gas into an interior of the case, thereby creating positive pressure within the case when in the PAPR mode (¶ 0072; Fig. 1; Examiner notes: Chen discloses the venturi pipe valve (over-pressure valve "OPV") that directs (exhales) gas to an interior of the utility model leading to the breath bag 112 thereby activating the quantitative steam supply valve creating positive pressure within the utility model when in the PAPR state.]; a PAPR allowing air to flow into the breathing bag when in the PAPR mode (¶¶ 0012, 0013, 0015, 0038, , 0046, 0050, 0072, 0074).
Chen does not specifically disclose the system wherein the PAPR is configured to intake and filter external air while a barrel valve is open, thereby allowing the filtered external air to flow into the breathing bag when in the PAPR mode, wherein the cooler is configured to receive the filtered external air from the breathing bag and transmit the filtered external air to the breathing hose for inhalation when the system is operating in the PAPR mode.
Patel teaches an apparatus for providing air flow comprising a PAPR (¶¶ 0056, 0057, 0059) configured to intake and filter external air while a valve is open (¶¶ 0038, 0039, 0041 Examiner notes: Patel discloses the apparatus has the ability to turn on and off the filtering of the air.); and a cooler (100; Fig. 1C) configured to receive the filtered external air and transmit the filtered external air for inhalation when the system is operating in the PAPR mode (¶¶ 0014-0015, 0032, 0039, 0059, 0060) for the purpose of providing the user good air quality that also cools the user (¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (¶ 0038).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Chen to include the PAPR configured to intake and filter external air while the valve is open, thereby allowing the filtered external air to flow into the breathing bag when in the PAPR mode, wherein the cooler is configured to receive the filtered external air from the breathing bag and transmit the filtered external air to the breathing hose for inhalation when the system is operating in the PAPR mode as taught by Patel for the purpose of providing the user good air quality that also cools the user (See Patel: ¶ 0014) and allowing the user to enjoy a better air quality when the air is blown in to the user's protective device (See Patel: ¶ 0038).
The modified device of Chen does not specifically disclose the valve of the PAPR is a barrel valve.
Gautheir teaches a barrel valve (Fig. 1; ¶¶ 0042-0043) that allows for a plurality of configurations for an open-closed breathing device (¶¶ 0006, 0035, 0042-0043).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the valve of the PAPR of the modified device of Chen to be a barrel valve as taught by Gautheir for the purpose of allows for a plurality of configurations for an open-closed breathing device (See Gautheir: ¶¶ 0006, 0035, 0042-0043).
Conclusion
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/ELLIOT S RUDDIE/Primary Patent Examiner, Art Unit 3785