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 .
Response to Amendment
This office action is in response to the preliminary amendment filed 9/12/2023. As directed by the amendment, claims 2, 3, 5, 7, 11, 13, 14, 18, 20, 22, 26, 27, 29, 30, 34 and 36 have been amended, and claims 4, 6, 8-10, 12, 15-17, 19, 21, 28, 31-33 and 35 have been cancelled. As such, claims 1-3, 5, 7, 11, 13, 14, 18, 20, 22-27, 29, 30, 34 and 36 are pending in the instant application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Wearable Protective Gear With Exhaust Gas Filter.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11, there should not be a dash between ‘filtering’ and ‘out’
Appropriate correction is required.
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, 2, 5, 7, 11, 13, 14, 20, 22-27, 30 and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plut et al. (US 2010/0037375 A1; hereinafter “Plut”).
Regarding claim 1, Plut discloses a personal protective gear (Fig. 1) comprising:
a hood (hood 20) for fitting over an individual's head (head 85) with a visor portion (viewing window 24) at its front (Fig. 1; para [0044]);
a confined space defined by the hood for accommodating the individual's head (Figs. 1, 2I, 4B; paras [0044-45] and [0048-50]);
a forced filtered air intake (comprising blower 38 and inlet filter 30) configured to supply filtered inflowing breathing gas into said confined space (Figs. 1 and 2B; paras [0059-60], [0087], [0108], [0116-117]); and
one or more filtering portions (filters 32 and/or portions comprising shroud material 15) defined in the hood (Fig. 1; paras [0042] and [0058-60]), said one or more filtering portions being made of a filtering sheet material configured to filtering out contaminants from exhaust gas outflowing therethrough (filter 30 comprises a fabric [where fabric comprehends a sheet material]…outlet filters 32 comprise the same filter material that is used in the inlet filters…[s]hroud material 15 typically comprises one or more relatively thin, flaccid sheets…shroud material 15 comprises a breathable and selectively filtering material…[b]reathable portions of material 15 may also operate as a filter for outlet air, paras [0056-63]).
Regarding claim 2, Plut discloses the gear of claim 1, wherein said hood is made of a protective sheet (shroud material 15) (para [0063]), and said one or more filtering portions are integral with said protective sheet (filter 30 comprises a fabric [where fabric comprehends a sheet material]…[f]ilter 32 is attached material about a hole in the shroud material 15 by sewing, taping, adhesive, etc…outlet filters 32 comprise the same filter material that is used in the inlet filters…[s]hroud material 15 typically comprises one or more relatively thin, flaccid sheets…shroud material 15 comprises a breathable and selectively filtering material…[b]reathable portions of material 15 may also operate as a filter for outlet air, paras [0056-63]).
Regarding claim 5, Plut discloses the gear of claim 1, wherein said filtering sheet material is pliable (by virtue of being a fabric and/or flaccid sheet as discussed above regarding claim 1, see also para [0063]).
Regarding claim 7, Plut discloses the gear of claim 1, wherein the forced filtered air intake comprises an air propelling assembly (blower 38) for propelling said inflowing breathing gas into said confined space (Figs. 1 and 2B; paras [0059-60], [0087], [0108], [0116-117]).
Regarding claim 11, Plut discloses the gear of any claim1, wherein said filtering sheet material comprises at least one layer configured for filtering-out hazardous biological matter (outlet filters 32…filtering out bacteria and microorganisms, para [0062]; see also para [0061] in view of [0056] and/or para [0063]).
Regarding claim 13, Plut discloses the gear of claim1, wherein the forced filtering air intake is configured for generating a positive pressure within the confined space (creates a positive pressure about the head 85, para [0059]; see also para [0050]).
Regarding claim 14, Plut discloses the gear of claim 1, comprising a neck collar (at seam 21) (Fig. 1; para [0064]), said hood and said neck collar defining together, once fitted over the head, said confined space, the neck collar is integral with the hood (20) or with a protective clothing (body portion 12) (Fig. 1; para [0064]).
Regarding claim 20, Plut discloses the gear of claim 1, being disposable or sterilizable (apparel 10 is disposable, para [0142]).
Regarding claim 22, Plut discloses the gear of claim 1, integratable with a whole-body protective suit (Fig. 1; paras [0041-44]).
Regarding claim 23, Plut discloses a wearable personal protective gear (Fig. 1) comprising:
a wearable protective garment (comprising body portion 12), for wearing over at least an upper body portion of an individual (Fig. 1; paras [0041-44]);
a hood (hood 20) for fitting over an individual's head (head 85) with a visor portion (viewing window 24) at its front (Fig. 1; para [0044]), integratable with said protective garment (Fig. 1; paras [0041-44] and [0064]), the hood defining a confined space for accommodating the individual's head (Figs. 1, 2I, 4B; paras [0044-45] and [0048-50]);
a forced filtered air intake (comprising blower 38 and inlet filter 30) configured to supply filtered inflowing breathing gas into said confined space (Figs. 1 and 2B; paras [0059-60], [0087], [0108], [0116-117]); and
one or more filtering portions (filters 32 and/or portions comprising shroud material 15) defined in at least one of the hood and the protective garment (Fig. 1; paras [0042] and [0058-60]), said one or more filtering portions being made of a filtering sheet material configured to filtering out contaminants from exhaust gas outflowing therethrough (filter 30 comprises a fabric [where fabric comprehends a sheet material]…outlet filters 32 comprise the same filter material that is used in the inlet filters…[s]hroud material 15 typically comprises one or more relatively thin, flaccid sheets…shroud material 15 comprises a breathable and selectively filtering material…[b]reathable portions of material 15 may also operate as a filter for outlet air, paras [0056-63]).
Regarding claim 24, Plut discloses the gear of claim 23, wherein said hood is integral with said wearable protective garment (Fig. 1; paras [0041-44] and [0064]).
Regarding claim 25, Plut discloses the gear of claim 23, wherein said wearable protective garment comprises a neck collar (at seam 21) (Fig. 1; para [0064]), said hood being integratable with said neck collar (Fig. 1; para [0064]).
Regarding claim 26, Plut discloses the gear of claim 23, wherein said wearable protective garment is a whole-body protective suit (Fig. 1; paras [0041-44]).
Regarding claim 27, Plut discloses the gear of claim 23, wherein said forced filtered air intake is formed at said hood or at the wearable protective garment (Figs. 1 and 2B; paras [0059-60], [0087], [0108], [0116-117]).
Regarding claim 30, Plut discloses the gear of claim 23, wherein said filtering sheet material is pliable (by virtue of being a fabric and/or flaccid sheet as discussed above regarding claim 23, see also para [0063]).
Regarding claim 34, Plut discloses the gear of claim 23, wherein the forced filtering air intake is configured for generating a positive pressure at least within the confined space (creates a positive pressure about the head 85, para [0059]; see also para [0050]).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 3 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Plut.
Regarding claims 3 and 23, Plut discloses the gear of claims 1 and 23, wherein Plut discloses wherein said one or more filtering portions constitutes “a major portion of the top surface of hood 20…a large fraction of shroud material on the backside of hood 20” (Fig. 1; para [0058]; emphasis added), that “outlet filters 32 may also be included in other portions of apparel 10” (para [0058]), that the breathable shroud material 15 “will also permit air to escape therethrough” (paras [0059-60]) and thereby be filtered (para [0063]), and that “outlet filters may also be sized and arranged to achieve a desired airflow distribution…outlet filters 32…are responsible for at least 50 percent of the outlet air volume from apparel 10 and the shroud material 15 is breathable and passively exhausts the remainder…outlet filters 32 are responsible for at least 75 percent of the outer air volume from apparel 10” (para [0060]). While Plut does not explicitly recite wherein said one or more filtering portions constitutes at least 10% of the area of the hood or at least 10% of the area of the hood and/or the protective garment, optimization of ranges of parameters within prior art ranges or through routine experimentation is not sufficient to patentably distinguish the invention over the prior art, see MPEP § 2144.05, such that it would have been obvious to an artisan before the effective filing date of the claimed invention, particularly in light of Plut’s teachings regarding major portions/large fractions of area occupied by said portions and large percentages of exhaust gas being configured to travel through said portion, to arrive at wherein said one or more filtering portions constitutes at least 10% of the area of the hood or at least 10% of the area of the hood and/or the protective garment through routine experimentation and in view of the disclosure of Plut, in order to provide the predictable result of sufficient area to produce desired airflow distributions, e.g. those taught by Plut para [0060].
Claim(s) 18 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Plut in view of Boehringer et al. (CA 2567004 C; hereinafter “Boehringer”).
Regarding claims 18 and 36, Plut discloses the gear of claims 1 and 23, wherein Plut teaches that it is desirable to include wherein said filtering sheet material comprises at least one layer providing for bacterial and viral filtering (para [0061] in view of [0056] and/or para [0063] in view of para [0110]), but Plut does not explicitly recite the at least one layer containing an active filtering component and/or a disinfecting material. However, it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use, see MPEP 2144.07, and Boehringer teaches that it was known in the personal protective gear art before the effective filing date of the claimed invention to utilize a filtering sheet material (adsorptive filtering material 1) (Fig. 1) that comprises at least one layer (absorptive layer 5 and/or layer 3 or 4) containing an active filtering component (active carbon) and/or a disinfecting material (catalytically active component) (page 14, line 15-35). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify Plut to include the at least one layer containing an active filtering component and/or a disinfecting material as taught by Boehringer, in order to provide the predictable result of utilizing a known NBC protective material (e.g. comprising active carbon and/or catalytically active components) to provide protective function with regards to both chemical and biological poisons and noxiants (Boehringer abstact) for expanded protection and/or ensured maintenance of a sterile environment (Plut paras [0003] and [0062]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional reference available to reject at least claim 1 under 35 USC 102: Werjefelt et al. (US 2021/0299484 A1). Additional references regarding hoods and/or garments with forced filtered air intakes and filtering sheets for exhausting gas therethrough: Thomas, Jr. et al. (US 5,592,936); Hajianpour (US 9,980,529 B1); Bare et al. (US 5,054,480); Lo (US 2022/0053843 A1); Jascomb et al. (US 2020/0060359 A1); Gao et al. (CN 1111631449 A); Guo et al. (CN 11165931 A); Zhao et al. (CN 111135493 A); Dai (CN 111150158 A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E DITMER whose telephone number is (571)270-5178. The examiner can normally be reached M 7:30a-3:30p, T/Th 8:30a-2:30p, W 11:30a-4:30p, F 1-4p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 571-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHRYN E DITMER/Primary Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785