CTNF 18/521,618 CTNF 94135 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, the phrase “an inner shell component defining at least one acoustic insulation portion that is indented on an outer surface of the inner shell component” in lines 2-3 is unclear because the acoustic insulation portion is part of the inner shell component, so it is not clear how it can be indented on an outer surface of itself. Regarding claim 7, the phrase “a ratio between the ventilation inlet width and the ventilation outlet width is in a range between 1:1 and 2:1” in lines 1-2 is unclear as claim 1 recites that the ventilation width is greater than the outlet width whereas claim 7 appears to suggest a 1:1 ratio of widths is possible (“between” suggests the end values are included in the range. Applicant suggested to amend so that the ratio is greater than 1:1 so that a 1:1 ratio is not possible). The remaining claims have been rejected due to dependence on a rejected base claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Martinson (WO 2016196462) in view of Mun (US 2021/0378325) . Regarding claim 1, Martinson discloses (Fig. 1-3B) a respiratory protective device comprising: an inner shell component defining at least one acoustic insulation portion (plenum subsection 192 that “may be configured to minimize transmission and/or generation of sound that could be perceived by a user”, paragraph [0025]) that is indented on an outer surface of the inner shell component (extends from outer surfaces of subsection 193); and a fan mounting component (plenum inlet 152 which mounts a clean air source i.e. a blower, paragraph [0028]) protruding from an indented surface of the at least one acoustic insulation portion (extends from indented surface of insulation portion 192), but does not disclose the fan mounting component comprising a plurality of acoustic insulation ribs, wherein the plurality of acoustic insulation ribs defines at least one curved ventilation channel, wherein a ventilation inlet width associated with the at least one curved ventilation channel is larger than a ventilation outlet width associated with the at least one curved ventilation channel. However, Mun teaches (Fig. 1-9) a fan mounting component (comprising portions 110, 120) that comprising a plurality of acoustic insulation ribs (division portions 124, which provide noise reduction, paragraph [0227]), wherein the plurality of acoustic insulation ribs defines at least one curved ventilation channel (passages formed between adjacent division portions 124), wherein a ventilation inlet width associated with the at least one curved ventilation channel is larger than a ventilation outlet width associated with the at least one curved ventilation channel (width of inlet is greater than that of outlet, see Annotated Fig. 9 below). PNG media_image1.png 734 866 media_image1.png Greyscale 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 fan mounting component of Martinson to include a plurality of acoustic insulation ribs, wherein the plurality of acoustic insulation ribs defines at least one curved ventilation channel, wherein a ventilation inlet width associated with the at least one curved ventilation channel is larger than a ventilation outlet width associated with the at least one curved ventilation channel, as taught by Mun, for the purpose of providing further noise reduction (paragraph [0227] Mun), thereby improving patient comfort while using device. Regarding claim 2, modified Martinson discloses wherein each of the plurality of acoustic insulation ribs comprises a ventilation inlet end (inlet end adjacent to ventilation inlet as shown in Annotated Fig. 9 of Mun), wherein ventilation inlet ends of two of the plurality of acoustic insulation ribs define a ventilation inlet opening (see Annotated Fig. 9 of Mun). Regarding claim 3, modified Martinson discloses the device further comprising: at least one fan component (“blower”, paragraph [0028] Martinson) secured in the fan mounting component (paragraph [0028] Martinson) and defining at least one fan outlet (outlet of fan mounting portion 152 adjacent to portion 192 of Martinson), wherein the at least one fan outlet is aligned with the ventilation inlet opening (see Fig. 3B Martinson). Regarding claim 4, modified Martinson discloses wherein the at least one acoustic insulation portion defines an air outlet opening (opening at cross sectional area Ai2 shown in Fig. 3B and described in paragraph [0037] Martinson) on a side surface of the at least one acoustic insulation portion of the inner shell component (see Fig. 3B Martinson). Regarding claim 5, modified Martinson discloses wherein each of the plurality of acoustic insulation ribs comprises a ventilation outlet end (outlet end of Mun shown in Fig. 9 Mun) positioned at the air outlet opening (when combined with Martinson, the outlet ends would be positioned at air outlet opening), wherein ventilation outlet ends of two of the plurality of acoustic insulation ribs define a ventilation outlet opening (see Fig. 9 Mun). Regarding claims 6 and 7, modified Martinson does not disclose ratio between the ventilation inlet width and the ventilation outlet width is in a range between 1:1 and 2:1 or exactly 2:1. However, outside evidence of criticality (which there appears to be no criticality due to presence of claims 6-8 that claim a variety of ratios), one of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to try to a ratio between 1:1 and 2:1 or exactly 2:1 for the purpose of providing supports that are curved like the curve shape of the fan mounting portion of Martinson, since discovering the optimum value only involves routine skill in the art. See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 8, modified Martinson discloses a ratio between the ventilation inlet width and the ventilation outlet width is more than 2:1 (see ratio between the widths in Annotated 9 of Mun that is clearly greater than 2:1). Regarding claim 9, modified Martinson discloses a plurality of acoustic insulation ribs but is silent regarding the material of the ribs and thus does not disclose the plurality of acoustic insulation ribs comprise acoustic insulation material. However, Martinson discloses the inner shell component “may be lined with or include additional sound attenuating materials” (paragraph [0044] Martinson), therefore it would have been obvious to one of ordinary skill to modify the material of the ribs to be made of sound attenuating materials, as taught and suggested by Martinson, for the purpose of dampening sound waves and/or controlling flow of air through air delivery plenum (paragraph [0044] Martinson). Regarding claim 10, modified Martinson discloses wherein the fan mounting component (inlet 152 of Martinson) further comprises a fan cover (subsection 191) positioned on top of the plurality of acoustic insulation ribs (see Fig. 1B Martinson), wherein the fan cover comprises acoustic insulation material (paragraph [0044] Martinson). Regarding claim 11, modified Martinson discloses the respiratory protective device further comprises: a central acoustic insulation insert (comprising subsections 194,195 and 196) positioned between a left acoustic insulation portion (subsection 193) and a right acoustic insulation portion (subsection 153) and comprising a plurality of insulation ribs (rib portions extending from central portion as shown in Annotated Fig. 3B of Martinson). PNG media_image2.png 509 697 media_image2.png Greyscale Regarding claim 12, modified Martinson discloses wherein the central acoustic insulation insert is secured to an inner surface of the inner shell component (integrally attached and thus secured to inner surface of inner shell 192). Regarding claim 13, modified Martinson discloses wherein the plurality of insulation ribs comprises acoustic insulation material (“sound attenuating materials”, paragraph [0044] Martinson). Regarding claim 14, modified Martinson discloses the plurality of insulation ribs is in parallel arrangement with one another (see parallel relationship in Annotated Fig. 3B above). Regarding claim 15, modified Martinson discloses wherein each of the plurality of insulation ribs comprises a curved top surface (see curved top surface of each rib in Fig. 3C). Regarding claim 16, modified Martinson discloses wherein the left acoustic insulation portion defines a left air outlet opening (right opening of left acoustic insulation portion 193 shown in Annotated Fig. 3B above). Regarding claim 17, modified Martinson discloses wherein the right acoustic insulation portion defines a right air outlet opening (left opening of right acoustic insulation portion 153 shown in Annotated Fig. 3B above). Regarding claim 18, modified Martinson discloses wherein at least one of the plurality of insulation ribs is positioned between the left air outlet opening and the right air outlet opening (see Annotated Fig. 3B above). Regarding claim 19, modified Martinson discloses the inner shell component defines an exhalation opening (opening 192o of Martinson). Regarding claim 20, modified Martinson discloses wherein the central acoustic insulation insert is positioned above the exhalation opening (see Fig. 3C Martinson) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Goldspink (US 2023/0233885) discloses a sound attenuating mask. Henshaw (US 2022/0095736) discloses a face mask having noise reduction components. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MOON whose telephone number is (571)272-2554. The examiner can normally be reached Monday-Thursday 7:30am-5:30pm. 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, Timothy Stanis can be reached at 571-272-5139. 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. /MATTHEW R MOON/Examiner, Art Unit 3785 /TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/521,618 Page 2 Art Unit: 3785 Application/Control Number: 18/521,618 Page 3 Art Unit: 3785 Application/Control Number: 18/521,618 Page 5 Art Unit: 3785 Application/Control Number: 18/521,618 Page 6 Art Unit: 3785 Application/Control Number: 18/521,618 Page 7 Art Unit: 3785 Application/Control Number: 18/521,618 Page 8 Art Unit: 3785
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