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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the lip of claims 1 and 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 11 and 12 are objected to because of the following informalities:
Claim 1: Line 4 recites “connector thread on its outer surface”, but should read ---connector thread on an the outer surface of the connector column---.
Claim 11 recites “The respirator claim 10,”, but should read ---The respirator of claim 10,---.
Claim 12 recites “The respirator claim 8,”, but should read ---The respirator of claim 8,---.
Appropriate correction is required.
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 1, 5, 8, and 12 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 claim 1,
the recitation of “a respirator cartridge comprising a housing defining a fitment portion configured to receive the adaptor column such that the respirator cartridge and the adaptor are operable engaged.”. It is unclear what orientation the adaptor column is, because the adaptor column ‘216’ is on the opposite side to the fitment portion that has also a different threading piece. Therefore, under its broadest reasonable interpretation, it is understood to be interpreted as the respirator cartridge and the adaptor are operable engaged when the fitment portion is connected to the screw/ bayonet threading of opposite orientation to the adaptor column.
The recitation of “defines adaptor threading on its inner surface”. It is unclear whether its inner surface is regarding the adaptor of the connector. It is suggested to read –adaptor threading on the inner surface of the adaptor column---. It is understood to be interpreted as the inner surface of the adaptor column.
Regarding claim 5,
The recitation of “on its outer surface” in line 3, is indefinite, therefore, it is suggested to be read as ---on the outer surface---.
The recitation of “wherein the adaptor column further defines a lip on its outer edge, and wherein the gasket is configured to be operably engaged with the lip of the adaptor”. It is unclear where the lip is located on the outer surface. For the purposes of examination, it is understood to be interpreted as either the adaptor column is the lip or that the bayonet threading of the adaptor – opposite to the adaptor column, is the lip.
The recitation of “engaged with the lip of the adaptor”, should read ---engaged with the lip of the adaptor column---.
Regarding claim 8, the same case of indefinite language as claim 1a/b above applies here and the objection to claim 1’s use of “its”.
Regarding claim 12, the same case of unclear and indefinite language as all of 5c/d/e above applies here.
Claim Rejections - 35 USC § 102
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, 2, 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gangadhar (EP 3643363 A1).
Regarding claim 1, Gangadhar discloses a respirator assembly (Gangadhar Figure 1; 104-1, 112, 110, 114, 118, 108-1) comprising:
connector comprising a connector base and a connector column (Figure 1 below; connector base and connector column);
wherein the connector column comprises an inner and outer surface (Figure 1 below; where the connector column has an inner and outer surface);
and wherein the connector column defines connector threading on its outer surface (Figure 1 below; connector threading);
an adaptor comprising an adaptor base and an adaptor column (Figure 1 below; adapter, Figure 2 below; adaptor base/column);
wherein the adaptor column comprises an inner and outer surface (Figure 2 below; where there is an inner and outer surface of the adaptor column);
wherein the adaptor column defines adaptor threading on its inner surface (Figure 2; adaptor threading);
wherein connector threading and the adaptor threading are configured to fit together such that the connector and the adaptor are operably engaged (Figure 1 below; all the parts fit together to be engaged with each other);
and a respirator cartridge comprising a housing defining a fitment portion configured to receive the adaptor column such that the respirator cartridge and the adaptor are operably engaged (Figure 1 below; where the housing has a fitment portion that connects with the adaptor and the respirator cartridge is also connected, making them all engaged).
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Figure 1: Figure 1 of Gangadhar.
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Figure 2: Figure 3 of Gangadhar.
Regarding claim 2, Gangadhar further discloses the respirator assembly of claim 1, wherein one or more of the connector threading and the adaptor threading comprise bayonet threads (Figure 1 above; where the adaptor has bayonet threading that inserts into the bayonet threading of the respirator cartridge assembly with the fitment piece on the end).
Regarding claim 5, Gangadhar further discloses the respirator assembly of claim 1, further comprising a gasket disposed between the adaptor and the respirator cartridge, wherein the adaptor column further defines a lip on its outer surface, and wherein the gasket is configured to be operably engaged with the lip of the adaptor (Figure 1 above; gasket is between adaptor and the respirator cartridge, the gasket is configured to be with the adaptor, the lip is the bayonet threading).
Regarding claim 6, Gangadhar further discloses the respirator assembly of claim 1, wherein the respirator cartridge is configured to receive one or more filters within the housing (Gangadhar [0045] col 14. Lines 11-13; respirator cartridge includes one or more filter elements; filter elements are in the housing as seen by Figure 1).
Regarding claim 7, Gangadhar further discloses the respirator assembly of claim 1, wherein the respirator assembly is configured to be operably engaged with a facepiece (Figure 1 above; where the respirator assembly is all connected together into the facepiece).
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 3, 4, 8-13, and 16 are rejected under 35 U.S.C. 103 as being obvious over Gangadhar (EP 2642262 A1).
Regarding claim 3, Gangadhar discloses the respirator assembly of claim 2, wherein the connector threading and the adaptor threading define one or more ramp angles between them when the adaptor and the connector are operably engaged.
Gangadhar discloses about 30-50 degrees in [0039] col. 12 lines 13-18, in relation to the angle A1 defined by the tapered end ‘502’ with respect to the bottom surface ‘505’ of the adaptor piece of Figure 5a.
However, Gangadhar does not explicitly disclose that the angle is 50 degrees exactly, as required by the claim.
There is no evidence of record that establishes that changing the angle of the region between the adaptor and the connector piece, would result in a functional difference of the Gangadhar device. Further, a person having ordinary skill in the art, being faced with modifying the respiratory assembly and facepiece of Gangadhar, would have a reasonable expectation of success in making such a modification and it appears the assembly would function as intended being given the claimed angle. Lastly, Applicant has not disclosed that the claimed angle solves any stated problem, that such an angle produces and unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the respirator assembly and facepiece of Gangadhar to have an angle of exactly 50 degrees as an obvious matter of design choice within the skill of the art.
Regarding claim 4, Gangadhar further discloses the respirator assembly of claim 3, wherein the one or more ramp angles are fifty degrees (30-50 degrees in [0039] col. 12 lines 13-18, in relation to the angle A1 defined by the tapered end ‘502’ with respect to the bottom surface ‘505’ of the adaptor piece of Figure 5a)
Regarding claim 8, Gangadhar discloses a respirator (Gangadhar Figure 1; 104-1, 112, 110, 114, 118, 108-1) comprising:
a respirator assembly comprising: a connector comprising a connector base and a connector column (Figure 1 above; connector base and connector column);
wherein the connector column comprises an inner and outer surface (Figure 1 above; where the connector column has an inner and outer surface);
and wherein the connector column defines connector threading on its outer surface (Figure 1 above; connector threading);
an adaptor comprising an adaptor base and an adaptor column (Figure 1 above; adapter, Figure 2 below; adaptor base/column);
wherein the adaptor column comprises an inner and outer surface (Figure 2 above; where there is an inner and outer surface of the adaptor column);
wherein the adaptor column defines adaptor threading on its inner surface (Figure 2; adaptor threading);
wherein connector threading and the adaptor threading are configured to fit together such that the connector and the adaptor are operably engaged (Figure 1 above; all the parts fit together to be engaged with each other);
and a respirator cartridge comprising a housing defining a fitment portion configured to receive the adaptor column such that the respirator cartridge and the adaptor are operably engaged (Figure 1 above; where the housing has a fitment portion that connects with the adaptor and the respirator cartridge is also connected, making them all engaged);
and a facepiece configured to be attached to a face of a user (Figure 1 above; the facepiece is for attaching to the face of a user);
the facepiece comprising one or more attachment slots configured to receive the respirator assembly (Figure 1 above; the connector piece, if you removed it, would contain an attachment slot, along with the connector piece itself is an attachment slot that is configured to receive the rest of the respirator assembly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connector piece of Gangadhar with the positioning of having the connector separated from the facepiece to be able to further be modifiable with the adaptor pieces in the respirator assembly.
Additionally, since such a modification would simply involve merely moving the connector to be placed with a base and a column outside of the mask, without changing the operation of the device, a rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04)
Regarding claim 9, Gangadhar further discloses the respirator of claim 8, wherein one or more of the connector threading and the adaptor threading comprise bayonet threads (Figures 1 and 2 above; where the adaptor has bayonet threading that goes into the respirator cartridge).
Regarding claim 10, Gangadhar further discloses the respirator of claim 9, wherein the connector threading and the adaptor threading define one or more ramp angles between them when the adaptor and the connector are operably engaged. (The connector and the adaptor can be engaged together as shown in Figure 1 above, therefore, Gangadhar [0039] col.12 lines 13-18; discloses an angle A1, that would be between the two pieces when operably engaged together)
Gangadhar discloses about 30-50 degrees in [0039] col. 12 lines 13-18, in relation to the angle A1 defined by the tapered end ‘502’ with respect to the bottom surface ‘505’ of the adaptor piece of Figure 5a.
However, Gangadhar does not explicitly disclose that the angle is 50 degrees exactly, as required by the claim.
There is no evidence of record that establishes that changing the angle of the region between the adaptor and the connector piece, would result in a functional difference of the Gangadhar device. Further, a person having ordinary skill in the art, being faced with modifying the respiratory assembly and facepiece of Gangadhar, would have a reasonable expectation of success in making such a modification and it appears the assembly would function as intended being given the claimed angle. Lastly, Applicant has not disclosed that the claimed angle solves any stated problem, that such an angle produces and unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the respirator assembly and facepiece of Gangadhar to have an angle of exactly 50 degrees as an obvious matter of design choice within the skill of the art.
Regarding claim 11, Gangadhar further discloses the respirator claim 10, wherein the one or more ramp angles are fifty degrees (Gangadhar discloses about 30-50 degrees in [0039] col. 12 lines 13-18, in relation to the angle A1 defined by the tapered end ‘502’ with respect to the bottom surface ‘505’ of the adaptor piece of Figure 5a).
Regarding claim 12, Gangadhar further discloses, the respirator claim 8, further comprising a gasket disposed between the adaptor and the respirator cartridge, wherein the adaptor column further defines a lip on its outer surface, and wherein the gasket is configured to be operably engaged with the lip of the adaptor (Figure 1 above; there is a gasket between the adaptor and the respirator cartridge, the adaptor column has a lip on the bayonet threading of the adaptor, the adaptor engages with the gasket as shown by the orientation of the figure).
Regarding claim 13, Gangadhar further discloses the respirator of claim 8, wherein the respirator cartridge is configured to receive one or more filters within the housing (Gangadhar [0045] col 14. Lines 11-13; respirator cartridge includes one or more filter elements; filter elements are in the housing as seen by Figure 1).
Regarding claim 16, Gangadhar further discloses a method for using a respirator assembly the method comprising: attaching, by a connector threading and an adaptor threading, a connector to an adaptor, wherein one or more of the connector threading and the adaptor threading comprise bayonet threads and define one or more ramp angles between them; securing, by one or more adaptor protrusions, the adaptor to a respirator cartridge; and inserting, by a base of the connector, the connector into an attachment slot of a facepiece (Figure 1 above; the threaded lines of the figure allow for the connection of all of the respiratory assembly to the facepiece and the adaptor comprises bayonet threading (thus attaching and securing), Figure 2 above; adaptor protrusions, Gangadhar discloses about 30-50 degrees in [0039] col. 12 lines 13-18, in relation to the angle A1 defined by the tapered end ‘502’ with respect to the bottom surface ‘505’ of the adaptor piece of Figure 5a).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being obvious over Gangadhar (EP 2642262 A1) in view of Gomez (US 20210106850 A1).
Regarding claim 14, Gangadhar discloses the respirator of claim 8 (claim 8 above), but fails to disclose wherein the facepiece further comprises a band configured to secure the facepiece to the face of the user.
Gomez discloses the respirator assembly including a face piece,
wherein the facepiece further comprises a band configured to secure the facepiece to the face of the user (Gomez Figure 1; ‘125’ is the adjustable band to secure the facepiece to the user).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the respirator of Gangadhar to include and adjustable band and straps to engage the assembly with the facepiece as taught by Gomez, since, an adjustable band/ straps for a facepiece and respiratory assembly, allows the user’s head/ face to better accommodated and adjusted for operable engagement with a facepiece and respiratory assembly (Gomez [0023]).
Regarding claim 15, Modified Gangadhar further discloses the respirator of claim 14, wherein the facepiece further comprises one or more straps operably engaged to the band and configured to adjust the facepiece to the face of the user (Gomez Figure 1; there are two straps ‘120’ and ‘115’ that are engaged to the band and configured to adjust the facepiece to the face of a user, Gomez [0023]; explanation of the two straps).
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection: WO 2023044571 A1, WO 2022077127 A1, US 20220071851 A1, US 20220040469 A1, SG 10202100278W A, ES 2769596 T3, KR 101524217 B1, US 20140116429 A1, US 20130197485 A1, US 20080156329 A1, CA 2306828 C, US 20060090754 A1, US 20050145249 A1, WO 9813103 A1, US 1788282 A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is 571-272-3835. The examiner can normally be reached Monday-Friday 8am-5pm, EO Friday 8am-4pm EST.
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/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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