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 .
Drawings
The drawings are objected to because:
The drawings do not use sufficiently dark, clear, uniformly thick, well-defined, and distinct lines that are adequate for reproduction. The drawings utilize images of 3D renders that have varying gradients and shades that don’t have sufficiently dark and uniformly thick lines (Figs 1-60, 64-79B, 81A-85, and 87). See 37 CFR 1.84(l).
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.
Specification
The abstract of the disclosure is objected to because:
The Abstract of the instant disclosure is not related to the instant claims. Specifically, the instant claims are tied to the mask assembly and not an unmanned aerial vehicle.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 59 is 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.
Claim 59 states “mesh infused with electrically conductive materials” (Line 2). This statement is indefinite because it is unclear if the electrically conductive materials is the same as the at least one conductive material of the filter portion mentioned in Claim 50. It appears the applicant was trying to say they’re the same. However, the use of “electrically conductive materials” and “at least one conductive material” creates confusion regarding the number of conductive materials required. Since the mesh is included with the filter portion, it is unclear if the mesh itself shares the same conductive material as the filter portion of Claim 50 or the conductive material is completely separate and distinct. Therefore, the number of conductive materials involved cannot be determined. For examination purposes, the claim limitation will be interpreted as the conductive material of the filter portion is the same as the conductive material in the mesh since the mesh is part of the filter portion. Additionally, the claim limitation is interpreted as the mesh requiring the at least one conductive material of Claim 50.
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 50-53, 57, 58, 61, 64-70 and 76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuen et al. (US 2004/0216745 A1).
Regarding Claim 50, Yuen discloses a mask assembly (apparatus of Fig 1) for interfacing with a mouth of a wearer in a surrounding environment (apparatus of Fig 1 interfaces with mouth of wearer, Fig 1), the mask assembly comprising: a mask (26, Fig 1) configured to enclose at least the mouth of the wearer (26 encloses mouth, Fig 1); an airway (cavity of 3, Fig 1) extending from the mask to the surrounding environment (cavity of 3 extends from 26 into environment, Fig 1); and an ionization filter (3, Fig 1) including: an emitter (42, 50 part of 42, Fig 3; needlepoint 50 produces high levels of negative ions, paragraph 0055) disposed within the airway (42 inside of cavity of 3, Fig 3); a collector (45, Fig 3) spaced apart from the emitter such that at least a portion of the airway is defined between the emitter and the collector (45 is spaced apart from 42 to define part of the cavity of 3, Fig 3); and a Faraday cage (45, 49, and 67, Fig 3; 45 is part of the Faraday cage, Fig 3; other negatively charged airborne particles will then be attracted to the positively charged collector conductors, which include the positive conductor 45, the anode conductive grill 49 and the positively charged fin 67, paragraph 0055) configured to encapsulate the emitter (45, 49, and 67 encapsulates 42 and acts as a Faraday cage due to its ability to attract the negative charged particles, Fig 3), the Faraday cage including: a solid portion (solid portion containing 45, Fig 3) having an opening (opening on left side of 45 where air passes through, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050) therethrough, the solid portion including one or more conductive materials (positively charged (+) conductive collector electrode 45, paragraph 0050; 45 must be made of conductive materials since it is conductive); and a filter portion (filter portion containing 49, Fig 3) configured to form an air-permeable cover over the opening (49 covers the opening on left side of 45 where air passes through, Fig 3; positive electrode conductive grill 49 is located at the front of the opening of the ionic filtration system 93, it is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, paragraph 0050), the filter portion being electrically connected to the solid portion (49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050) and comprising at least one conductive material (49 also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050; 49 must be made of conductive materials due to being a positive electrode collective conductor).
Regarding Claim 51, Yuen discloses the collector surrounds the emitter (positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050).
Regarding Claim 52, Yuen discloses the collector forms at least a portion of the Faraday cage (other negatively charged airborne particles will then be attracted to the positively charged collector conductors, which include the positive conductor 45, the anode conductive grill 49 and the positively charged fin 67, paragraph 0055; 45 is part of the Faraday cage defined by 45, 49, and 67, Fig 3).
Regarding Claim 53, Yuen discloses the collector is electrically connected to the filter portion of the Faraday cage (49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050).
Regarding Claim 57, Yuen discloses the filter portion of the Faraday cage includes a mesh (49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050; 49 with the perforated holes acts as a mesh).
Regarding Claim 58, Yuen discloses the mesh is a conductive mesh (49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050).
Regarding Claim 61, Yuen discloses the opening is a first opening (opening on left side of 45 where air passes through, Fig 3) and the filter portion is a first filter portion (49, Fig 3), the solid portion further comprising a second opening therethrough (opening on right side of 45 where air passes through to get to user, Fig 3), the Faraday cage further comprising a second filter portion (67, Fig 3) configured to form an air-permeable cover (67 acts as a cover on the opening on the right side of 45, Fig 3; air shown to flow through 67 which is part of 94, Fig 5) over the second opening and be electrically connected to the solid portion (the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051).
Regarding Claim 64, Yuen discloses during inspiration by the wearer, the first filter portion is an airflow inlet into the Faraday cage (49 which is part of 93 shown to let air in and acts as an inlet into the Faraday cage made up of 49, 45, and 67, Figs 3 and 5) and the second filter portion is an airflow exit from the Faraday cage (67 which is part of 94 shown to let air out to the user and acts as an exit from the Faraday cage made up of 49, 45, and 67, Figs 3 and 5).
Regarding Claim 65, Yuen discloses a mouthpiece portion (portion of 26 closest to 3, Fig 1) extends from the second opening (portion of 26 closest to 3 extends from right side of 45, Figs 1 and 3), the mouthpiece portion further comprising a third filter portion (53 and 55, Fig 3) disposed therein, the third filter portion configured to inhibit salivary fluid from entering the ionization filter (the rear louver cover 55 also blocks off contaminants from sneeze and saliva of the user 1 from entering into the filter element module 3, paragraph 0043; forces accelerate the positively-charged particles towards the negatively-charged fin 53, paragraph 0058; the physical presence of 53 and 55 would be capable of inhibiting the saliva from the user).
Regarding Claim 66, Yuen discloses the third filter portion is electrically connected to the solid portion (a high negative voltage is induced to the negative fin 53 and the positive fin 67 is connected to the electrically positive, the surface of the negative fin 53 will be highly negatively charged 66 and the causing an electrostatic field to form between the negative fin 53 and the positive fin 67, which becomes equally highly positively charged 65, paragraph 0057; the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051; 53 is indirectly electrically connected to 45 due to the electrostatic field between 53 and 67 and 67’s electrical connection to 45).
Regarding Claim 67, Yuen discloses an end cap (4, Fig 3) disposed at an outside end of the filter portion (outside end of 49 has 4, Fig 3), the end cap including a conductive material (4 can be made of metallic material, paragraph 0054; metal is well-known to be electrically conductive).
Regarding Claim 68, Yuen discloses the conductive material of the end cap includes at least one of a conductive plate (4 can be made of metallic material, paragraph 0054; shape of 4 is in the form of a plate, Figs 2-3).
Regarding Claim 69, Yuen discloses the solid portion and the filter portion have a common longitudinal axis (45 and 49 would share a common longitudinal axis going through the center of both, Fig 3).
Regarding Claim 70, Yuen discloses the solid portion of the Faraday cage extends radially about a longitudinal axis (45 extends radially around a longitudinal axis going between the top and bottom of 45, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050).
Regarding Claim 76, Yuen discloses the solid portion of the Faraday cage forms an outer portion of a housing of the ionization filter (45 forms the outer portion of the housing of 3 in relation to 42, Fig 3).
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 54-56 and 77 are rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al. (US 2004/0216745 A1) in view of Son et al. (US 2017/0136270 A1).
Regarding Claim 54, Yuen discloses the claimed invention of Claim 50. Yuen fails to disclose the one or more conductive materials of the solid portion include at least one of metal, carbon fiber, conductive paint, or conductive plastic.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of metal or conductive plastic (material of particle capturing plate, the material may be a metal such as copper, gold, aluminum, and steel, atoms corresponding to group IV of the periodic table (silicon, carbon, and the like), glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 55, Yuen discloses the claimed invention of Claim 50. Yuen fails to disclose the at least one conductive material of the filter portion includes at least one of an alloy or an oxide, the alloy or the oxide containing at least one of nickel, chromium, manganese, cobalt, iron, copper, platinum, silver, rhodium, or cerium.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the at least one conductive material of the filter portion includes at least one of an alloy, the alloy containing at least one of chromium, iron (material of particle capturing plate, the material may be a metal, the material may be stainless steel, paragraph 0024; stainless steel is well-known to be an alloy made of iron and chromium) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 filter portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 56, Yuen discloses the claimed invention of Claim 50. Yuen fails to disclose the at least one conductive material of the filter portion includes at least one of copper, aluminum, or steel alloys.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the at least one conductive material of the filter portion includes at least one of steel alloys (material of particle capturing plate, the material may be a metal, the material may be stainless steel, paragraph 0024; stainless steel is well-known to be an alloy made of iron and chromium) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 filter portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 77, Yuen discloses the claimed invention of Claim 50. Yuen fails to disclose the one or more conductive materials of the solid portion include at least one of a conductive plastic or a conductive resin.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of a conductive plastic (material of particle capturing plate, the material may be a glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Claim 59 is rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al. (US 2004/0216745 A1) in view of Keeneraex et al. (English Machine Translation of CN-204170845-U provided by PE2E).
Regarding Claim 59, Yuen discloses the claimed invention of Claim 57. Yuen fails to disclose the mesh is a non-conductive mesh infused with electrically conductive materials.
However, Keeneraex, reasonably pertinent to the problem of electrodes with conductive materials, teaches an electrostatic dust collecting type air filter (Abstract) including the electrode is a non-conductive electrode infused with electrically conductive materials (electrode 140 may also be a non-conductive material such as polymer then coated with the injected conductive material coating or ink, 140 may be a non-conductive material and by vacuum coating or increasing metallized conductive film or with metallization, paragraph 0035) since this is a known way to manufacture conductive electrodes (paragraph 0035).
Therefore, 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 mesh to be made of a non-conductive material such as polymer and then coat it with conductive materials, as taught by Kenneraex, since this is a known way to manufacture conductive electrodes (Kenneraex: paragraph 0035).
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al. (US 2004/0216745 A1) in view of Nagolkin et al. (English Machine Translation of DE-202015104144-U1 provided by PE2E).
Regarding Claim 60, Yuen discloses the claimed invention of Claim 57. Yuen fails to disclose the mesh includes a pore size that is between at least one of 1 µm and 5 mm, 10 µm and 2.5 mm, 100 µm and 2.0 mm, or 1 mm and 2 mm.
However, Nagolkin, reasonably pertinent to the problem of pore sizes for disinfecting an air stream via air-permeable conductive plates, teaches an apparatus for disinfecting an air stream (Abstract) including the mesh includes a pore size that is at most 6 mm (plates of electrodes may be various materials: permeable foamed metals, average pore size of not more than 6 mm, Page 4, bottom paragraph) since these are known pore sizes shown to be used in conductive, air-permeable plates (Page 4, bottom paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have pore sizes under 6 mm, as taught by Nagolkin, since these are known pore sizes shown to be used in conductive, air-permeable plates (Nagolkin: Page 4, bottom paragraph).
Though Yuen-Nagolkin combination does not explicitly teach the claimed ranges of pore sizes, it would be obvious for one of ordinary skill in the art to utilize Nagolkin’s teachings on pore sizes to discover and find the optimum ranges of pore sizes that meet the claimed ranges through routine experimentation. As required by the claimed range, the largest pore size is 5 mm. Since Nagolkin’s average pore size is not more than 6 mm, one of ordinary skill in the art would be capable of finding the optimum ranges of pore sizes under 6 mm that would fall within the claimed ranges. Additionally, one of ordinary skill in the art would be capable of modifying the pore sizes of the conductive mesh to obtain a desired filtering characteristic from the conductive mesh based on the teachings of Nagolkin.
Claims 80-82 are rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al. (US 2004/0216745 A1) in view of Han (US 2019/0009114 A1).
Regarding Claim 80, Yuen discloses the claimed invention of Claim 50. Yuen fails to disclose a radiation detector disposed on at least one of an outside surface of the solid portion of the Faraday cage, an inside surface of the solid portion of the Faraday cage, or an inside surface of a housing of the ionization filter.
However, Han, of the same field of endeavor, teaches a health mask (Abstract) including a radiation detector disposed on at least one of a surface of a housing of the mask (may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266) to allow measurements of radioactive concentration of the surrounding environment (paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (paragraph 0267).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a radioactive concentration measuring sensor to the filter or mask and program the controller to warn the user via speaker based on the sensor readings, as taught by Han, to allow measurements of radioactive concentration of the surrounding environment (Han: paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (Han: paragraph 0267). This would make the mask particularly useful for those who work in radioactive environments. This would provide additional protection against these types of hazards.
Regarding Claim 81, Yuen-Han combination teaches the radiation detector includes one or more indicators configured to indicate at least one of whether radiation is currently being detected, strength of radiation, accumulated radiation, whether accumulated radiation has reached a predetermined level (Han: may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266; radioactivity measuring unit 316 determines whether the radioactive concentration of the surrounding environment of a user is within a preset allowable radioactive concentration range, a warning is notified to a user by the sound source output portion 192, paragraph 0267).
The current Yuen-Han combination fails to teach a display panel, the display panel including one or more indicators.
However, Han also teaches the radioactivity measuring unit 316, which is included in environment measuring module 310, is connected to data processing unit 330 which is connected to display unit 350 (Fig 12) and that the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed (paragraph 0241). Han further teaches that when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350 (paragraph 0251) since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (paragraph 0215).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a display panel via an external smart device that is connected to the mask, as taught by Han, since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (Han: paragraph 0215). This addition makes it more convenient for the user to check on the radioactive concentration around the user and is another form of alerting the user regarding the hazards around them.
Regarding Claim 82, Yuen-Han combination teaches the one or more indicators includes at least one of a numerical display (Han: the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed, paragraph 0241; when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350, paragraph 0251; the smart device display would obviously show numerical values regarding the current concentration).
Allowable Subject Matter
Claims 62, 63, 71-75, 78 and 79 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 62, 63, 71-75, 78, and 79 contain allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 62 is dependent on Claim 61 and discusses two airflow inlets for each of the two filter portions into the Faraday cage during inspiration of the wearer.
Claim 63 contains allowable subject matter due to its dependency on Claim 62.
Claim 71 is dependent on Claim 50 and discusses the solid portion of the Faraday cage having a first protrusion extending radially inward.
Claims 72-74 contain allowable subject matter due to their dependencies on Claim 71.
Claim 75 is dependent on Claim 50 and discusses the filter portion being threadably engaged to the solid portion.
Claim 78 discusses an inner portion of the housing having a non-conductive material that insulates the solid portion of the Faraday cage from the collector.
Claim 79 contains allowable subject matter due to its dependency on Claim 78.
Yuen et al. (US 2004/0216745 A1) discusses an electronic human breath filtration device. Regarding Claim 62, the device of Yuen only has one airflow inlet during inspiration of the wearer. It is clear that airflow is only traveling through the inlet at 4 and there are no other inlets present on the mask. It would be unreasonable to add additional inlets on the mask as the mask already works with a single inlet. Additionally, the claim limitation discusses each of the two filter portions have an inlet. Thus, it would be non-obvious to have filter portions on opposite sides of the filter module to be both of the inlets. Regarding Claim 71, the solid portion is defined as 45 in Fig 3 of Yuen. There is no reason for 45 to have protrusions that extend radially inward since 45 is merely flat in structure. It would be unreasonable to modify the shape of 45 to have the protrusions as they would serve no purpose. Regarding Claim 75, the equivalent filter portion 49 is shown to be an integrated part of 3 in Fig 9 of Yuen. Since the filter module 3 is one component, it would be unreasonable to modify 49 to be threadably engaged to the equivalent solid portion 45 since both components are found to be integrated in the filter module 3. Regarding Claim 78, though Yuen does discuss about insulator 41, this insulator 41 is not in relation to the equivalent solid portion 45. Additionally, since 45 is already designated as both the solid portion of the Faraday cage and the collector, 45 cannot have the non-conductive material for itself. Additionally, the insulator 41 is being used to insulate the connection between the electrode 42 and the collector 45. Therefore, Yuen does not disclose the claimed invention of Claims 62, 63, 71-75, 78 and 79.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 50-53, 57, 58, 61, 64-70, and 76 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 of copending Application No. 18/643,499 (reference application), hereafter ‘499, in view of Yuen et al. (US 2004/0216745 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 50, ‘499 discloses most of the claimed invention (Claim 22) except for: a Faraday cage configured to encapsulate the emitter, the Faraday cage including: a solid portion having an opening therethrough, the solid portion including one or more conductive materials; and a filter portion configured to form an air-permeable cover over the opening, the filter portion being electrically connected to the solid portion and comprising at least one conductive material.
However, Yuen, of the same field of endeavor, teaches an electronic human breath filtration device (Abstract) including a Faraday cage (45, 49, and 67, Fig 3; 45 is part of the Faraday cage, Fig 3; other negatively charged airborne particles will then be attracted to the positively charged collector conductors, which include the positive conductor 45, the anode conductive grill 49 and the positively charged fin 67, paragraph 0055) configured to encapsulate the emitter (45, 49, and 67 encapsulates 42 and acts as a Faraday cage due to its ability to attract the negative charged particles, Fig 3), the Faraday cage including: a solid portion (solid portion containing 45, Fig 3) having an opening (opening on left side of 45 where air passes through, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050) therethrough, the solid portion including one or more conductive materials (positively charged (+) conductive collector electrode 45, paragraph 0050; 45 must be made of conductive materials since it is conductive); and a filter portion (filter portion containing 49, Fig 3) configured to form an air-permeable cover over the opening (49 covers the opening on left side of 45 where air passes through, Fig 3; positive electrode conductive grill 49 is located at the front of the opening of the ionic filtration system 93, it is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, paragraph 0050), the filter portion being electrically connected to the solid portion (49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050) and comprising at least one conductive material (49 also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050; 49 must be made of conductive materials due to being a positive electrode collective conductor) since these are known components that are used in conjunction with an ionization filter.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the ionization filter with a Faraday cage and its components, as taught by Yuen, since these are known components that are used in conjunction with an ionization filter.
Regarding Claim 51, ‘499-Yuen combination teaches all of the claimed invention (‘499: Claim 22; collector would be surrounding the emitter since emitter extends longitudinally through chamber and collector plates surround chamber).
Regarding Claim 52, ‘499-Yuen combination teaches all of the claimed invention (Yuen: other negatively charged airborne particles will then be attracted to the positively charged collector conductors, which include the positive conductor 45, the anode conductive grill 49 and the positively charged fin 67, paragraph 0055; 45 is part of the Faraday cage defined by 45, 49, and 67, Fig 3).
Regarding Claim 53, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050).
Regarding Claim 57, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050; 49 with the perforated holes acts as a mesh).
Regarding Claim 58, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050).
Regarding Claim 61, ‘499-Yuen combination teaches the opening is a first opening (Yuen: opening on left side of 45 where air passes through, Fig 3) and the filter portion is a first filter portion (Yuen: 49, Fig 3), the solid portion further comprising a second opening therethrough (Yuen: opening on right side of 45 where air passes through to get to user, Fig 3), the Faraday cage further comprising a second filter portion (Yuen: 67, Fig 3) configured to form an air-permeable cover (Yuen: 67 acts as a cover on the opening on the right side of 45, Fig 3; air shown to flow through 67 which is part of 94, Fig 5) over the second opening and be electrically connected to the solid portion (Yuen: the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051).
Regarding Claim 64, ‘499-Yuen combination teaches during inspiration by the wearer, the first filter portion is an airflow inlet into the Faraday cage (Yuen: 49 which is part of 93 shown to let air in and acts as an inlet into the Faraday cage made up of 49, 45, and 67, Figs 3 and 5) and the second filter portion is an airflow exit from the Faraday cage (Yuen: 67 which is part of 94 shown to let air out to the user and acts as an exit from the Faraday cage made up of 49, 45, and 67, Figs 3 and 5).
Regarding Claim 65, ‘499-Yuen combination teaches a mouthpiece portion (Yuen: portion of 26 closest to 3, Fig 1) extends from the second opening (Yuen: portion of 26 closest to 3 extends from right side of 45, Figs 1 and 3), the mouthpiece portion further comprising a third filter portion (Yuen: 53 and 55, Fig 3) disposed therein, the third filter portion configured to inhibit salivary fluid from entering the ionization filter (Yuen: the rear louver cover 55 also blocks off contaminants from sneeze and saliva of the user 1 from entering into the filter element module 3, paragraph 0043; forces accelerate the positively-charged particles towards the negatively-charged fin 53, paragraph 0058; the physical presence of 53 and 55 would be capable of inhibiting the saliva from the user).
Regarding Claim 66, ‘499-Yuen combination teaches all of the claimed invention (Yuen: a high negative voltage is induced to the negative fin 53 and the positive fin 67 is connected to the electrically positive, the surface of the negative fin 53 will be highly negatively charged 66 and the causing an electrostatic field to form between the negative fin 53 and the positive fin 67, which becomes equally highly positively charged 65, paragraph 0057; the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051; 53 is indirectly electrically connected to 45 due to the electrostatic field between 53 and 67 and 67’s electrical connection to 45).
Regarding Claim 67, ‘499-Yuen combination teaches an end cap (Yuen: 4, Fig 3) disposed at an outside end of the filter portion (Yuen: outside end of 49 has 4, Fig 3), the end cap including a conductive material (Yuen: 4 can be made of metallic material, paragraph 0054; metal is well-known to be electrically conductive).
Regarding Claim 68, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 4 can be made of metallic material, paragraph 0054; shape of 4 is in the form of a plate, Figs 2-3).
Regarding Claim 69, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 45 and 49 would share a common longitudinal axis going through the center of both, Fig 3).
Regarding Claim 70, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 45 extends radially around a longitudinal axis going between the top and bottom of 45, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050).
Regarding Claim 76, ‘499-Yuen combination teaches all of the claimed invention (Yuen: 45 forms the outer portion of the housing of 3 in relation to 42, Fig 3).
Claims 54-56 and 77 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 of copending Application No. 18/643,499 (reference application), hereafter ‘499, and Yuen et al. (US 2004/0216745 A1), in further view of Son et al. (US 2017/0136270 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 54, ‘499-Yuen combination teaches the claimed invention of Claim 50. ‘499-Yuen combination fails to teach the one or more conductive materials of the solid portion include at least one of metal, carbon fiber, conductive paint, or conductive plastic.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of metal or conductive plastic (material of particle capturing plate, the material may be a metal such as copper, gold, aluminum, and steel, atoms corresponding to group IV of the periodic table (silicon, carbon, and the like), glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 55, ‘499-Yuen combination teaches the claimed invention of Claim 50. ‘499-Yuen combination fails to teach the at least one conductive material of the filter portion includes at least one of an alloy or an oxide, the alloy or the oxide containing at least one of nickel, chromium, manganese, cobalt, iron, copper, platinum, silver, rhodium, or cerium.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the at least one conductive material of the filter portion includes at least one of an alloy, the alloy containing at least one of chromium, iron (material of particle capturing plate, the material may be a metal, the material may be stainless steel, paragraph 0024; stainless steel is well-known to be an alloy made of iron and chromium) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 filter portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 56, ‘499-Yuen combination teaches the claimed invention of Claim 50. ‘499-Yuen combination fails to teach the at least one conductive material of the filter portion includes at least one of copper, aluminum, or steel alloys.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the at least one conductive material of the filter portion includes at least one of steel alloys (material of particle capturing plate, the material may be a metal, the material may be stainless steel, paragraph 0024; stainless steel is well-known to be an alloy made of iron and chromium) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 filter portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 77, ‘499-Yuen combination teaches the claimed invention of Claim 50. ‘499-Yuen combination fails to teach the one or more conductive materials of the solid portion include at least one of a conductive plastic or a conductive resin.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of a conductive plastic (material of particle capturing plate, the material may be a glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Claim 59 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 of copending Application No. 18/643,499 (reference application), hereafter ‘499, and Yuen et al. (US 2004/0216745 A1), in further view of Keeneraex et al. (English Machine Translation of CN-204170845-U provided by PE2E). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
Regarding Claim 59, ‘499-Yuen combination teaches the claimed invention of Claim 57. ‘499-Yuen combination fails to teach the mesh is a non-conductive mesh infused with electrically conductive materials.
However, Keeneraex, reasonably pertinent to the problem of electrodes with conductive materials, teaches an electrostatic dust collecting type air filter (Abstract) including the electrode is a non-conductive electrode infused with electrically conductive materials (electrode 140 may also be a non-conductive material such as polymer then coated with the injected conductive material coating or ink, 140 may be a non-conductive material and by vacuum coating or increasing metallized conductive film or with metallization, paragraph 0035) since this is a known way to manufacture conductive electrodes (paragraph 0035).
Therefore, 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 mesh to be made of a non-conductive material such as polymer and then coat it with conductive materials, as taught by Kenneraex, since this is a known way to manufacture conductive electrodes (Kenneraex: paragraph 0035).
Claim 60 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 of copending Application No. 18/643,499 (reference application), hereafter ‘499, and Yuen et al. (US 2004/0216745 A1), in further view of Nagolkin et al. (English Machine Translation of DE-202015104144-U1 provided by PE2E). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
Regarding Claim 60, ‘499-Yuen combination teaches the claimed invention of Claim 57. ‘499-Yuen combination fails to teach the mesh includes a pore size that is between at least one of 1 µm and 5 mm, 10 µm and 2.5 mm, 100 µm and 2.0 mm, or 1 mm and 2 mm.
However, Nagolkin, reasonably pertinent to the problem of pore sizes for disinfecting an air stream via air-permeable conductive plates, teaches an apparatus for disinfecting an air stream (Abstract) including the mesh includes a pore size that is at most 6 mm (plates of electrodes may be various materials: permeable foamed metals, average pore size of not more than 6 mm, Page 4, bottom paragraph) since these are known pore sizes shown to be used in conductive, air-permeable plates (Page 4, bottom paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have pore sizes under 6 mm, as taught by Nagolkin, since these are known pore sizes shown to be used in conductive, air-permeable plates (Nagolkin: Page 4, bottom paragraph).
Though ‘499-Yuen-Nagolkin combination does not explicitly teach the claimed ranges of pore sizes, it would be obvious for one of ordinary skill in the art to utilize Nagolkin’s teachings on pore sizes to discover and find the optimum ranges of pore sizes that meet the claimed ranges through routine experimentation. As required by the claimed range, the largest pore size is 5 mm. Since Nagolkin’s average pore size is not more than 6 mm, one of ordinary skill in the art would be capable of finding the optimum ranges of pore sizes under 6 mm that would fall within the claimed ranges. Additionally, one of ordinary skill in the art would be capable of modifying the pore sizes of the conductive mesh to obtain a desired filtering characteristic from the conductive mesh based on the teachings of Nagolkin.
Claims 80-82 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 of copending Application No. 18/643,499 (reference application), hereafter ‘499, and Yuen et al. (US 2004/0216745 A1), in further view of Han (US 2019/0009114 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
Regarding Claim 80, ‘499-Yuen combination teaches the claimed invention of Claim 50. ‘499-Yuen combination fails to teach a radiation detector disposed on at least one of an outside surface of the solid portion of the Faraday cage, an inside surface of the solid portion of the Faraday cage, or an inside surface of a housing of the ionization filter.
However, Han, of the same field of endeavor, teaches a health mask (Abstract) including a radiation detector disposed on at least one of a surface of a housing of the mask (may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266) to allow measurements of radioactive concentration of the surrounding environment (paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (paragraph 0267).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a radioactive concentration measuring sensor to the filter or mask and program the controller to warn the user via speaker based on the sensor readings, as taught by Han, to allow measurements of radioactive concentration of the surrounding environment (Han: paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (Han: paragraph 0267). This would make the mask particularly useful for those who work in radioactive environments. This would provide additional protection against these types of hazards.
Regarding Claim 81, ‘499-Yuen-Han combination teaches the radiation detector includes one or more indicators configured to indicate at least one of whether radiation is currently being detected, strength of radiation, accumulated radiation, whether accumulated radiation has reached a predetermined level (Han: may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266; radioactivity measuring unit 316 determines whether the radioactive concentration of the surrounding environment of a user is within a preset allowable radioactive concentration range, a warning is notified to a user by the sound source output portion 192, paragraph 0267).
The current ‘499-Yuen-Han combination fails to teach a display panel, the display panel including one or more indicators.
However, Han also teaches the radioactivity measuring unit 316, which is included in environment measuring module 310, is connected to data processing unit 330 which is connected to display unit 350 (Fig 12) and that the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed (paragraph 0241). Han further teaches that when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350 (paragraph 0251) since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (paragraph 0215).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a display panel via an external smart device that is connected to the mask, as taught by Han, since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (Han: paragraph 0215). This addition makes it more convenient for the user to check on the radioactive concentration around the user and is another form of alerting the user regarding the hazards around them.
Regarding Claim 82, ‘499-Yuen-Han combination teaches the one or more indicators includes at least one of a numerical display (Han: the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed, paragraph 0241; when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350, paragraph 0251; the smart device display would obviously show numerical values regarding the current concentration).
Claims 50-53, 55-57, 58, 61, 64-70, and 76 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 32, 34-36, 39, 40 of copending Application No. 19/090,906 (reference application), hereafter ‘906, in view of Yuen et al. (US 2004/0216745 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 50, ‘906 discloses most of the claimed invention (Claim 32) except for: a mask assembly for interfacing with a mouth of a wearer in a surrounding environment, the mask assembly comprising: a mask configured to enclose at least the mouth of the wearer; an airway extending from the mask to the surrounding environment; the Faraday cage including: a solid portion having an opening therethrough, the solid portion including one or more conductive materials; and a filter portion configured to form an air-permeable cover over the opening, the filter portion being electrically connected to the solid portion and comprising at least one conductive material.
However, Yuen, of the same field of endeavor, teaches an electronic human breath filtration device (Abstract) including a mask assembly (apparatus of Fig 1) for interfacing with a mouth of a wearer in a surrounding environment (apparatus of Fig 1 interfaces with mouth of wearer, Fig 1), the mask assembly comprising: a mask (26, Fig 1) configured to enclose at least the mouth of the wearer (26 encloses mouth, Fig 1); an airway (cavity of 3, Fig 1) extending from the mask to the surrounding environment (cavity of 3 extends from 26 into environment, Fig 1); a Faraday cage (45, 49, and 67, Fig 3; 45 is part of the Faraday cage, Fig 3; other negatively charged airborne particles will then be attracted to the positively charged collector conductors, which include the positive conductor 45, the anode conductive grill 49 and the positively charged fin 67, paragraph 0055) configured to encapsulate the emitter (45, 49, and 67 encapsulates 42 and acts as a Faraday cage due to its ability to attract the negative charged particles, Fig 3), the Faraday cage including: a solid portion (solid portion containing 45, Fig 3) having an opening (opening on left side of 45 where air passes through, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050) therethrough, the solid portion including one or more conductive materials (positively charged (+) conductive collector electrode 45, paragraph 0050; 45 must be made of conductive materials since it is conductive); and a filter portion (filter portion containing 49, Fig 3) configured to form an air-permeable cover over the opening (49 covers the opening on left side of 45 where air passes through, Fig 3; positive electrode conductive grill 49 is located at the front of the opening of the ionic filtration system 93, it is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, paragraph 0050), the filter portion being electrically connected to the solid portion (49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050) and comprising at least one conductive material (49 also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050; 49 must be made of conductive materials due to being a positive electrode collective conductor) since these are known components that are used in conjunction with an ionization filter.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the protective device be a mask and include the solid and filter portions with the Faraday cage, as taught by Yuen, since these are known components that are used in conjunction with an ionization filter.
Regarding Claim 51, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 36; since Faraday cage encloses the emitter and collector forms part of the cage, then the emitter must be enclosed or surrounded by the collector).
Regarding Claim 52, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 36).
Regarding Claim 53, ‘906-Yuen combination teaches all of the claimed invention (Yuen: 49 is connected to the positive electrode conductive collector 45 with perforated holes over the whole surface to allow generous air passages, also serves as the positive electrode collective conductor for the negatively charged particles to adhere to, paragraph 0050).
Regarding Claim 55, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 40).
Regarding Claim 56, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 40).
Regarding Claim 57, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 39).
Regarding Claim 58, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 39).
Regarding Claim 61, ‘906-Yuen combination teaches the opening is a first opening (Yuen: opening on left side of 45 where air passes through, Fig 3) and the filter portion is a first filter portion (Yuen: 49, Fig 3), the solid portion further comprising a second opening therethrough (Yuen: opening on right side of 45 where air passes through to get to user, Fig 3), the Faraday cage further comprising a second filter portion (Yuen: 67, Fig 3) configured to form an air-permeable cover (Yuen: 67 acts as a cover on the opening on the right side of 45, Fig 3; air shown to flow through 67 which is part of 94, Fig 5) over the second opening and be electrically connected to the solid portion (Yuen: the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051).
Regarding Claim 64, ‘906-Yuen combination teaches during inspiration by the wearer, the first filter portion is an airflow inlet into the Faraday cage (Yuen: 49 which is part of 93 shown to let air in and acts as an inlet into the Faraday cage made up of 49, 45, and 67, Figs 3 and 5) and the second filter portion is an airflow exit from the Faraday cage (Yuen: 67 which is part of 94 shown to let air out to the user and acts as an exit from the Faraday cage made up of 49, 45, and 67, Figs 3 and 5).
Regarding Claim 65, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 34; Yuen: 53 and 55, Fig 3; the rear louver cover 55 also blocks off contaminants from sneeze and saliva of the user 1 from entering into the filter element module 3, paragraph 0043; forces accelerate the positively-charged particles towards the negatively-charged fin 53, paragraph 0058; the physical presence of 53 and 55 would be capable of inhibiting the saliva from the user).
Regarding Claim 66, ‘906-Yuen combination teaches all of the claimed invention (‘906: Claim 35; fluid filter being made of conductive materials that assist in decomposition of ozone; Yuen: a high negative voltage is induced to the negative fin 53 and the positive fin 67 is connected to the electrically positive, the surface of the negative fin 53 will be highly negatively charged 66 and the causing an electrostatic field to form between the negative fin 53 and the positive fin 67, which becomes equally highly positively charged 65, paragraph 0057; the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051; 53 is indirectly electrically connected to 45 due to the electrostatic field between 53 and 67 and 67’s electrical connection to 45).
Regarding Claim 67, ‘906-Yuen combination teaches an end cap (Yuen: 4, Fig 3) disposed at an outside end of the filter portion (Yuen: outside end of 49 has 4, Fig 3), the end cap including a conductive material (Yuen: 4 can be made of metallic material, paragraph 0054; metal is well-known to be electrically conductive).
Regarding Claim 68, ‘906-Yuen combination teaches all of the claimed invention (Yuen: 4 can be made of metallic material, paragraph 0054; shape of 4 is in the form of a plate, Figs 2-3).
Regarding Claim 69, ‘906-Yuen combination teaches all of the claimed invention (Yuen: 45 and 49 would share a common longitudinal axis going through the center of both, Fig 3).
Regarding Claim 70, ‘906-Yuen combination teaches all of the claimed invention (Yuen: 45 extends radially around a longitudinal axis going between the top and bottom of 45, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050).
Regarding Claim 76, ‘906-Yuen combination teaches all of the claimed invention (Yuen: 45 forms the outer portion of the housing of 3 in relation to 42, Fig 3).
Claims 54 and 77 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 32 of copending Application No. 19/090,906 (reference application), hereafter ‘906, and Yuen et al. (US 2004/0216745 A1), in further view of Son et al. (US 2017/0136270 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 54, ‘906-Yuen combination teaches the claimed invention of Claim 50. ‘906-Yuen combination fails to teach the one or more conductive materials of the solid portion include at least one of metal, carbon fiber, conductive paint, or conductive plastic.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of metal or conductive plastic (material of particle capturing plate, the material may be a metal such as copper, gold, aluminum, and steel, atoms corresponding to group IV of the periodic table (silicon, carbon, and the like), glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 77, ‘906-Yuen combination teaches the claimed invention of Claim 50. ‘906-Yuen combination fails to teach the one or more conductive materials of the solid portion include at least one of a conductive plastic or a conductive resin.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of a conductive plastic (material of particle capturing plate, the material may be a glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Claim 59 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 39 of copending Application No. 19/090,906 (reference application), hereafter ‘906, and Yuen et al. (US 2004/0216745 A1), in further view of Keeneraex et al. (English Machine Translation of CN-204170845-U provided by PE2E). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 59, ‘906-Yuen combination teaches the claimed invention of Claim 57. ‘906-Yuen combination fails to teach the mesh is a non-conductive mesh infused with electrically conductive materials.
However, Keeneraex, reasonably pertinent to the problem of electrodes with conductive materials, teaches an electrostatic dust collecting type air filter (Abstract) including the electrode is a non-conductive electrode infused with electrically conductive materials (electrode 140 may also be a non-conductive material such as polymer then coated with the injected conductive material coating or ink, 140 may be a non-conductive material and by vacuum coating or increasing metallized conductive film or with metallization, paragraph 0035) since this is a known way to manufacture conductive electrodes (paragraph 0035).
Therefore, 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 mesh to be made of a non-conductive material such as polymer and then coat it with conductive materials, as taught by Kenneraex, since this is a known way to manufacture conductive electrodes (Kenneraex: paragraph 0035).
Claim 60 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 39 of copending Application No. 19/090,906 (reference application), hereafter ‘906, and Yuen et al. (US 2004/0216745 A1), in further view of Nagolkin et al. (English Machine Translation of DE-202015104144-U1 provided by PE2E). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 60, ‘906-Yuen combination teaches the claimed invention of Claim 57. ‘906-Yuen combination fails to teach the mesh includes a pore size that is between at least one of 1 µm and 5 mm, 10 µm and 2.5 mm, 100 µm and 2.0 mm, or 1 mm and 2 mm.
However, Nagolkin, reasonably pertinent to the problem of pore sizes for disinfecting an air stream via air-permeable conductive plates, teaches an apparatus for disinfecting an air stream (Abstract) including the mesh includes a pore size that is at most 6 mm (plates of electrodes may be various materials: permeable foamed metals, average pore size of not more than 6 mm, Page 4, bottom paragraph) since these are known pore sizes shown to be used in conductive, air-permeable plates (Page 4, bottom paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have pore sizes under 6 mm, as taught by Nagolkin, since these are known pore sizes shown to be used in conductive, air-permeable plates (Nagolkin: Page 4, bottom paragraph).
Though ‘906-Yuen-Nagolkin combination does not explicitly teach the claimed ranges of pore sizes, it would be obvious for one of ordinary skill in the art to utilize Nagolkin’s teachings on pore sizes to discover and find the optimum ranges of pore sizes that meet the claimed ranges through routine experimentation. As required by the claimed range, the largest pore size is 5 mm. Since Nagolkin’s average pore size is not more than 6 mm, one of ordinary skill in the art would be capable of finding the optimum ranges of pore sizes under 6 mm that would fall within the claimed ranges. Additionally, one of ordinary skill in the art would be capable of modifying the pore sizes of the conductive mesh to obtain a desired filtering characteristic from the conductive mesh based on the teachings of Nagolkin.
Claims 80-82 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 32 of copending Application No. 19/090,906 (reference application), hereafter ‘906, and Yuen et al. (US 2004/0216745 A1), in further view of Han (US 2019/0009114 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited application and prior art.
Regarding Claim 80, ‘906-Yuen combination teaches the claimed invention of Claim 50. ‘906-Yuen combination fails to teach a radiation detector disposed on at least one of an outside surface of the solid portion of the Faraday cage, an inside surface of the solid portion of the Faraday cage, or an inside surface of a housing of the ionization filter.
However, Han, of the same field of endeavor, teaches a health mask (Abstract) including a radiation detector disposed on at least one of a surface of a housing of the mask (may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266) to allow measurements of radioactive concentration of the surrounding environment (paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (paragraph 0267).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a radioactive concentration measuring sensor to the filter or mask and program the controller to warn the user via speaker based on the sensor readings, as taught by Han, to allow measurements of radioactive concentration of the surrounding environment (Han: paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (Han: paragraph 0267). This would make the mask particularly useful for those who work in radioactive environments. This would provide additional protection against these types of hazards.
Regarding Claim 81, ‘906-Yuen-Han combination teaches the radiation detector includes one or more indicators configured to indicate at least one of whether radiation is currently being detected, strength of radiation, accumulated radiation, whether accumulated radiation has reached a predetermined level (Han: may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266; radioactivity measuring unit 316 determines whether the radioactive concentration of the surrounding environment of a user is within a preset allowable radioactive concentration range, a warning is notified to a user by the sound source output portion 192, paragraph 0267).
The current ‘906-Yuen-Han combination fails to teach a display panel, the display panel including one or more indicators.
However, Han also teaches the radioactivity measuring unit 316, which is included in environment measuring module 310, is connected to data processing unit 330 which is connected to display unit 350 (Fig 12) and that the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed (paragraph 0241). Han further teaches that when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350 (paragraph 0251) since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (paragraph 0215).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a display panel via an external smart device that is connected to the mask, as taught by Han, since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (Han: paragraph 0215). This addition makes it more convenient for the user to check on the radioactive concentration around the user and is another form of alerting the user regarding the hazards around them.
Regarding Claim 82, ‘906-Yuen-Han combination teaches the one or more indicators includes at least one of a numerical display (Han: the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed, paragraph 0241; when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350, paragraph 0251; the smart device display would obviously show numerical values regarding the current concentration).
Claims 50-61, 65, 67, 69, 70, and 76 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 8, 9, 11, 13, 20, 23 of U.S. Patent No. 12,017,232 B2, hereafter ‘232. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 50, ‘232 discloses all of the claimed invention (Claim 1; the solid portion is the collector plate and one of the conductive filters is the filter portion).
Regarding Claim 51, ‘232 discloses all of the claimed invention (Claim 1).
Regarding Claim 52, ‘232 discloses all of the claimed invention (Claim 1).
Regarding Claim 53, ‘232 discloses all of the claimed invention (Claim 1).
Regarding Claim 54, ‘232 discloses all of the claimed invention (Claim 20; Claim 23).
Regarding Claim 55, ‘232 discloses all of the claimed invention (Claim 5).
Regarding Claim 56, ‘232 discloses all of the claimed invention (Claim 5; Claim 8).
Regarding Claim 57, ‘232 discloses all of the claimed invention (Claim 4).
Regarding Claim 58, ‘232 discloses all of the claimed invention (Claim 4).
Regarding Claim 59, ‘232 discloses all of the claimed invention (Claim 3).
Regarding Claim 60, ‘232 discloses all of the claimed invention (Claim 9).
Regarding Claim 61, ‘232 discloses all of the claimed invention (Claim 1; the second conductive porous filter is the second filter portion; since the Faraday cage is encapsulating the emitter and the collector plate is radially encompassing the emitter, the first and second conductive porous filters must be on opposite ends of the Faraday cage).
Regarding Claim 65, ‘232 discloses all of the claimed invention (Claim 11).
Regarding Claim 67, ‘232 discloses all of the claimed invention (Claim 8).
Regarding Claim 69, ‘232 discloses all of the claimed invention (Claim 1; Claim 13; collector plate is radially encompassing the emitter and because the conductive porous filters make up the Faraday cage, the two filters must be on the opposite ends of the Faraday cage and thus both the collector plate and porous filters must share a common longitudinal axis).
Regarding Claim 70, ‘232 discloses all of the claimed invention (Claim 1; Claim 13).
Regarding Claim 76, ‘232 discloses all of the claimed invention (Claim 2).
Claims 64, 66, and 68 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 11, 12 of U.S. Patent No. 12,017,232 B2, hereafter ‘232, in view of Yuen et al. (US 2004/0216745 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 64, ‘232 discloses the claimed invention of Claim 61. ‘232 fails to disclose wherein, during inspiration by the wearer, the first filter portion is an airflow inlet into the Faraday cage and the second filter portion is an airflow exit from the Faraday cage.
However, Yuen, of the same field of endeavor, teaches an electronic human breath filtration device (Abstract) including during inspiration by the wearer, the first filter portion is an airflow inlet into the Faraday cage (49 which is part of 93 shown to let air in and acts as an inlet into the Faraday cage made up of 49, 45, and 67, Figs 3 and 5) and the second filter portion is an airflow exit from the Faraday cage (67 which is part of 94 shown to let air out to the user and acts as an exit from the Faraday cage made up of 49, 45, and 67, Figs 3 and 5) since this is a known mask configuration that contains an ionization filter.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the airflow go into the first filter portion and out of the second filter portion, as taught by Yuen, since this is a known mask configuration that contains an ionization filter.
Regarding Claim 66, ‘232 discloses the claimed invention of Claim 65. ‘232 also discloses the fluid filter is made of conductive materials to assist in decomposition of ozone (Claim 12). ‘232 fails to disclose the third filter portion is electrically connected to the solid portion.
However, Yuen, of the same field of endeavor, teaches an electronic human breath filtration device (Abstract) including the third filter portion (53 and 55, Fig 3; the rear louver cover 55 also blocks off contaminants from sneeze and saliva of the user 1 from entering into the filter element module 3, paragraph 0043; forces accelerate the positively-charged particles towards the negatively-charged fin 53, paragraph 0058; the physical presence of 53 and 55 would be capable of inhibiting the saliva from the user) is electrically connected to the solid portion (a high negative voltage is induced to the negative fin 53 and the positive fin 67 is connected to the electrically positive, the surface of the negative fin 53 will be highly negatively charged 66 and the causing an electrostatic field to form between the negative fin 53 and the positive fin 67, which becomes equally highly positively charged 65, paragraph 0057; the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051; 53 is indirectly electrically connected to 45 due to the electrostatic field between 53 and 67 and 67’s electrical connection to 45) since this is a known configuration to enhance the filtration of the mask.
Therefore, 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 fluid filter to be electrically connected to the collector, as taught by Yuen, since this is a known configuration to enhance the filtration of the mask. Since the fluid filter can be made of conductive materials and is assisting in the decomposition of ozone, having the fluid filter to be electrically connected to the collector would enhance its capabilities.
Regarding Claim 68, ‘232 discloses the claimed invention of Claim 67. ‘232 fails to disclose the conductive material of the end cap includes at least one of a conductive foil or a conductive plate.
However, Yuen, of the same field of endeavor, teaches an electronic human breath filtration device (Abstract) including the conductive material of the end cap includes at least one of a conductive plate (4 can be made of metallic material, paragraph 0054; shape of 4 is in the form of a plate, Figs 2-3) since this is a known form of the end cap.
Therefore, 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 shape of the end cap to be of a conductive plate, as taught by Yuen, since this is a known form of the end cap.
Claim 77 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,017,232 B2, hereafter ‘232, in view of Son et al. (US 2017/0136270 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 77, ‘232 discloses the claimed invention of Claim 50. ‘232 fails to disclose the one or more conductive materials of the solid portion include at least one of a conductive plastic or a conductive resin.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of a conductive plastic (material of particle capturing plate, the material may be a glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Claims 80-82 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,017,232 B2, hereafter ‘232, in view of Han (US 2019/0009114 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 80, ‘232 discloses the claimed invention of Claim 50. ‘232 fails to disclose a radiation detector disposed on at least one of an outside surface of the solid portion of the Faraday cage, an inside surface of the solid portion of the Faraday cage, or an inside surface of a housing of the ionization filter.
However, Han, of the same field of endeavor, teaches a health mask (Abstract) including a radiation detector disposed on at least one of a surface of a housing of the mask (may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266) to allow measurements of radioactive concentration of the surrounding environment (paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (paragraph 0267).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a radioactive concentration measuring sensor to the filter or mask and program the controller to warn the user via speaker based on the sensor readings, as taught by Han, to allow measurements of radioactive concentration of the surrounding environment (Han: paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (Han: paragraph 0267). This would make the mask particularly useful for those who work in radioactive environments. This would provide additional protection against these types of hazards.
Regarding Claim 81, ‘232-Han combination teaches the radiation detector includes one or more indicators configured to indicate at least one of whether radiation is currently being detected, strength of radiation, accumulated radiation, whether accumulated radiation has reached a predetermined level (Han: may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266; radioactivity measuring unit 316 determines whether the radioactive concentration of the surrounding environment of a user is within a preset allowable radioactive concentration range, a warning is notified to a user by the sound source output portion 192, paragraph 0267).
The current ‘232-Han combination fails to teach a display panel, the display panel including one or more indicators.
However, Han also teaches the radioactivity measuring unit 316, which is included in environment measuring module 310, is connected to data processing unit 330 which is connected to display unit 350 (Fig 12) and that the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed (paragraph 0241). Han further teaches that when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350 (paragraph 0251) since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (paragraph 0215).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a display panel via an external smart device that is connected to the mask, as taught by Han, since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (Han: paragraph 0215). This addition makes it more convenient for the user to check on the radioactive concentration around the user and is another form of alerting the user regarding the hazards around them.
Regarding Claim 82, ‘232-Han combination teaches the one or more indicators includes at least one of a numerical display (Han: the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed, paragraph 0241; when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350, paragraph 0251; the smart device display would obviously show numerical values regarding the current concentration).
Claims 50-53, 55-61, 64-70, and 76 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 7-11, 14, 15, 17 of U.S. Patent No. 12,285,766 B2, hereafter ‘766, in view of Yuen et al. (US 2004/0216745 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 50, ‘766 discloses most of the claimed invention (Claim 1; the solid portion is the collector plate and one of the conductive filters is the filter portion) except for: a mask assembly for interfacing with a mouth of a wearer in a surrounding environment, the mask assembly comprising: a mask configured to enclose at least the mouth of the wearer; an airway extending from the mask to the surrounding environment.
However, Yuen, of the same field of endeavor, teaches an electronic human breath filtration device (Abstract) including a mask assembly (apparatus of Fig 1) for interfacing with a mouth of a wearer in a surrounding environment (apparatus of Fig 1 interfaces with mouth of wearer, Fig 1), the mask assembly comprising: a mask (26, Fig 1) configured to enclose at least the mouth of the wearer (26 encloses mouth, Fig 1); an airway (cavity of 3, Fig 1) extending from the mask to the surrounding environment (cavity of 3 extends from 26 into environment, Fig 1) since these are known components that are used in conjunction with an ionization filter.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the protective device be a mask, as taught by Yuen, since these are known components that are used in conjunction with an ionization filter.
Regarding Claim 51, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 1; Claim 8; Claim 17; since the emitter is extending through the collector and the collector surrounds the airway, the collector must be surrounding the emitter).
Regarding Claim 52, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 6).
Regarding Claim 53, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 1).
Regarding Claim 55, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 11).
Regarding Claim 56, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 11).
Regarding Claim 57, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 9; Claim 10).
Regarding Claim 58, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 10).
Regarding Claim 59, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 9).
Regarding Claim 60, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 15).
Regarding Claim 61, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 8).
Regarding Claim 64, ‘766-Yuen combination teaches during inspiration by the wearer, the first filter portion is an airflow inlet into the Faraday cage (Yuen: 49 which is part of 93 shown to let air in and acts as an inlet into the Faraday cage made up of 49, 45, and 67, Figs 3 and 5) and the second filter portion is an airflow exit from the Faraday cage (Yuen: 67 which is part of 94 shown to let air out to the user and acts as an exit from the Faraday cage made up of 49, 45, and 67, Figs 3 and 5).
Regarding Claim 65, the current ‘766-Yuen combination does not teach a mouthpiece portion extends from the second opening, the mouthpiece portion further comprising a third filter portion disposed therein, the third filter portion configured to inhibit salivary fluid from entering the ionization filter.
However, Yuen further teaches a mouthpiece portion (portion of 26 closest to 3, Fig 1) extends from the second opening (portion of 26 closest to 3 extends from right side of 45, Figs 1 and 3), the mouthpiece portion further comprising a third filter portion (53 and 55, Fig 3) disposed therein, the third filter portion configured to inhibit salivary fluid from entering the ionization filter (the rear louver cover 55 also blocks off contaminants from sneeze and saliva of the user 1 from entering into the filter element module 3, paragraph 0043; forces accelerate the positively-charged particles towards the negatively-charged fin 53, paragraph 0058; the physical presence of 53 and 55 would be capable of inhibiting the saliva from the user) to block sneeze and saliva from entering the filter element module (paragraph 0043) and to provide further filter protection.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a third filter portion near the mouthpiece portion, as taught by Yuen, to block sneeze and saliva from entering the filter element module (Yuen: paragraph 0043) and to provide further filter protection.
Regarding Claim 66, ‘766-Yuen combination teaches the third filter portion is electrically connected to the solid portion (Yuen: a high negative voltage is induced to the negative fin 53 and the positive fin 67 is connected to the electrically positive, the surface of the negative fin 53 will be highly negatively charged 66 and the causing an electrostatic field to form between the negative fin 53 and the positive fin 67, which becomes equally highly positively charged 65, paragraph 0057; the positively charged electrode fins 67 are supported by the positive conductive collector 45 and are also electrically connected to the positive conductive collector 45, paragraph 0051; 53 is indirectly electrically connected to 45 due to the electrostatic field between 53 and 67 and 67’s electrical connection to 45).
Regarding Claim 67, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 14).
Regarding Claim 68, the current ‘766-Yuen combination fails to teach the conductive material of the end cap includes at least one of a conductive foil or a conductive plate.
However, Yuen further teaches the conductive material of the end cap includes at least one of a conductive plate (4 can be made of metallic material, paragraph 0054; shape of 4 is in the form of a plate, Figs 2-3) since it is a known shape of the end cap.
Therefore, 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 end cap to be a conductive plate, as taught by Yuen, since it is a known shape of the end cap.
Regarding Claim 69, the current ‘766-Yuen combination fails to teach the solid portion and the filter portion have a common longitudinal axis.
However, Yuen further teaches the solid portion and the filter portion have a common longitudinal axis (45 and 49 would share a common longitudinal axis going through the center of both, Fig 3) since this is a known arrangement of the solid portion and filter portion.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the solid portion and filter portion in such a way that they share a common longitudinal axis, as taught by Yuen, since this is a known arrangement of the solid portion and filter portion.
Regarding Claim 70, the current ‘766-Yuen combination fails to teach the solid portion of the Faraday cage extends radially about a longitudinal axis.
However, Yuen further teaches the solid portion of the Faraday cage extends radially about a longitudinal axis (45 extends radially around a longitudinal axis going between the top and bottom of 45, Fig 3; positively charged (+) conductive collector electrode 45 surrounds the negative electrode 42 and lines along the internal wall of the filter housing 44, paragraph 0050) since this is a known shape of the Faraday cage.
Therefore, 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 Faraday cage to have a solid portion that extends radially about a longitudinal axis, as taught by Yuen, since this is a known shape of the Faraday cage.
Regarding Claim 76, ‘766-Yuen combination teaches all of the claimed invention (‘766: Claim 7).
Claims 54 and 77 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,285,766 B2, hereafter ‘766, and Yuen et al. (US 2004/0216745 A1), in further view of Son et al. (US 2017/0136270 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 54, ‘766-Yuen combination teaches the claimed invention of Claim 50. ‘766-Yuen combination fails to teach the one or more conductive materials of the solid portion include at least one of metal, carbon fiber, conductive paint, or conductive plastic.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of metal or conductive plastic (material of particle capturing plate, the material may be a metal such as copper, gold, aluminum, and steel, atoms corresponding to group IV of the periodic table (silicon, carbon, and the like), glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Regarding Claim 77, ‘766-Yuen combination teaches the claimed invention of Claim 50. ‘766-Yuen combination fails to teach the one or more conductive materials of the solid portion include at least one of a conductive plastic or a conductive resin.
However, Son, of the same field of endeavor, teaches a respirator without breathing resistance (Abstract) including the one or more conductive materials of the solid portion include at least one of a conductive plastic (material of particle capturing plate, the material may be a glass having conductivity, polymers or the like, paragraph 0024) since these are known materials that have characteristics of a conductor (paragraph 0024).
Therefore, 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 solid portion to be made of these materials, as taught by Son, since these are known materials that have characteristics of a conductor (Son: paragraph 0024).
Claims 80-82 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,285,766 B2, hereafter ‘766, and Yuen et al. (US 2004/0216745 A1), in further view of Han (US 2019/0009114 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated and/or made obvious by the cited patent and prior art.
Regarding Claim 80, ‘766-Yuen combination teaches the claimed invention of Claim 50. ‘766-Yuen combination fails to teach a radiation detector disposed on at least one of an outside surface of the solid portion of the Faraday cage, an inside surface of the solid portion of the Faraday cage, or an inside surface of a housing of the ionization filter.
However, Han, of the same field of endeavor, teaches a health mask (Abstract) including a radiation detector disposed on at least one of a surface of a housing of the mask (may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266) to allow measurements of radioactive concentration of the surrounding environment (paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (paragraph 0267).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a radioactive concentration measuring sensor to the filter or mask and program the controller to warn the user via speaker based on the sensor readings, as taught by Han, to allow measurements of radioactive concentration of the surrounding environment (Han: paragraph 0266) and warn the user if the concentration exceeds the allowable concentration (Han: paragraph 0267). This would make the mask particularly useful for those who work in radioactive environments. This would provide additional protection against these types of hazards.
Regarding Claim 81, ‘766-Yuen-Han combination teaches the radiation detector includes one or more indicators configured to indicate at least one of whether radiation is currently being detected, strength of radiation, accumulated radiation, whether accumulated radiation has reached a predetermined level (Han: may be further provided a radioactive concentration measuring sensor 191 positioned on the body part 110 and measuring radioactive concentration of the surrounding environment of a user, paragraph 0266; radioactivity measuring unit 316 determines whether the radioactive concentration of the surrounding environment of a user is within a preset allowable radioactive concentration range, a warning is notified to a user by the sound source output portion 192, paragraph 0267).
The current ‘766-Yuen-Han combination fails to teach a display panel, the display panel including one or more indicators.
However, Han also teaches the radioactivity measuring unit 316, which is included in environment measuring module 310, is connected to data processing unit 330 which is connected to display unit 350 (Fig 12) and that the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed (paragraph 0241). Han further teaches that when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350 (paragraph 0251) since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (paragraph 0215).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a display panel via an external smart device that is connected to the mask, as taught by Han, since this is a known way to indicate and alert the user of a harmful or hazardous concentration is present (Han: paragraph 0215). This addition makes it more convenient for the user to check on the radioactive concentration around the user and is another form of alerting the user regarding the hazards around them.
Regarding Claim 82, ‘766-Yuen-Han combination teaches the one or more indicators includes at least one of a numerical display (Han: the display unit 350 cooperates with the data processing unit 330 and is installed on an external smart device and is provided to allow an internal space environment state of the body part 110 to be displayed, paragraph 0241; when a current harmful gas concentration in the mask is greater than the preset allowable harmful gas concentration in the algorithm, an alarm, the current harmful gas concentration in the mask, and an indicator of filter replacement are displayed on the display unit 350, paragraph 0251; the smart device display would obviously show numerical values regarding the current concentration).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN THAI-BINH KHONG whose telephone number is (571)272-1857. The examiner can normally be reached Monday to Thursday 9:00 am-6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN T KHONG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785