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 adaptor column with a lip of claim 3, 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “110A-B” of Figure 2, “110A” of Figures 4, 8, and 9.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 1,3, and 5 are objected to because of the following informalities:
Claim 1: line 4 recites “wherein the connector column defines connector threading”, but should read ---wherein the connector column defines a connector threading---.
Claim 3: line 3 recites “further defines a lip on its outer surface”, but should read ---further defines a lip on an outer surface---.
Claim 5: line 2 recites “engaged with a facepiece”, but should read ---engaged with the facepiece---.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Regarding claim 1, the recitation of “a facepiece comprising one or more attachment slots defining one or more mechanical stops such that the connector refrains from moving relative to a facepiece”. It is unclear what orientation the connector is in when inserted into the attachment slots of the facepiece. The mechanical stops appear to be opposite in orientation to the side of the connector that inserts with the facepiece. Under broadest reasonable interpretation, it is understood that the mechanical stops are on the connector piece in the orientation of where the protrusions are, and then it is inserted into the facepiece.
Regarding claim 3, the recitation of “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”. 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.
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 1-6 are rejected under 35 U.S.C. 103 as being obvious over Gangadhar (EP 3643363 A1).
Regarding claim 1, Gangadhar discloses a respirator (Figure 1 above; connector base and connector column) comprising:
a connector comprising a connector base and a connector column (Figure 1 below; connector base and connector column);
wherein the connector base defines one or more mechanical stops (Figure 2 below; where the adapter piece includes mechanical stops to support engagement of the respirator cartridge and the adaptor piece, which could be arranged to have been on the connector piece);
wherein the connector column defines connector threading (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 defines adaptor threading configured to operably engage with the connector threading of the connector such that the adaptor and the connector are operably engaged (Figure 1 below; all the parts fit together to be engaged with each other, and Figure 2 below; adapter threading);
a respirator cartridge comprising a housing (Figure 1 below; where there is a housing and a fitment portion that connects with the adaptor and the respirator cartridge to be also connected, making them all engaged);
and a facepiece comprising one or more attachment slots defining one or more cavities wherein the one or more cavities are configured to receive the one or more mechanical stops such that the connector refrains from moving relative to a facepiece (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, Figure 2 below; where the adapter piece includes mechanical stops to support engagement of the respirator cartridge and the adaptor piece, which could be arranged to have been on the connector piece).
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 include a mechanical stopper piece, to prevent the connector from moving relative to the facepiece and to support engagement of the two pieces.
In addition, it would have been obvious 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.
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.
Additionally, since such a modification would simply involve merely including the connector piece to have a mechanical stop, like the adaptor of Gangadhar, 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)
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Figure 1: Annotated Figure 1 of Gangadhar.
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Figure 2: Annotated Figure 3 of Gangadhar.
Regarding claim 2, Gangadhar further discloses the respirator of claim 1, 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 3, Gangadhar further discloses the respirator 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 4, Gangadhar further discloses the respirator 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 5, Gangadhar further discloses the respirator 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).
Regarding claim 6, Gangadhar further discloses a method for using a respirator assembly, the method comprising: inserting, by one or more mechanical stops, a connector into one or more cavities of an attachment slot of a facepiece; attaching, by a connector threading and an adaptor threading, the connector to an adaptor; and securing, by one or more adaptor protrusions, the adaptor to a respirator cartridge (Figure 1 above; the threaded lines of the figure allow for the connection of all of the respiratory assembly to the facepiece (thus inserting and attaching) and the adaptor comprises bayonet threading to secure the adaptor to a respirator cartridge, Figure 2 above; adaptor protrusions).
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