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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
Claims 1, 8 and 15 call to the air supply unit being “away from the body” of the canine. The accompanying specification and figures have the air supply unit being on the canine’s neck (see spec par 0038 and figs 1A-1B, 6). It is unclear if the neck is considered part of the body that the air supply unit is away from or if the neck is intended to not be considered part of the “body”. For the purpose of examination, the claims are being interpreted such that neck is considered “away from the body”.
Claim 10 calls to the first filter being “coupled to the air supply unit”, however the first filter is introduced in claim 8 as being part of the air supply unit. It is unclear how the first filter is to be coupled to itself. For the purpose of examination this limitation is seen as met by existence of the filter as part of the air supply unit.
Claim 19 calls to the body portion of the hood including “one or more fasteners” and the harness including “one or more fasteners” for coupling the hood to the harness. Claim 15 introduces “at least one hood fastener” and “at least one harness fastener” for connecting the hood to the harness. It is unclear if the one or more fasteners introduced in claim 19 are the same fasteners as the at least one fasteners introduced in claim 15. For the purpose of examination, the fasteners of claim 19 are being interpreted as referring to the fasteners introduced in claim 15.
Any rejected claim not expressly addressed is rejected by dependency upon a rejected claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wilke (US 11,433,262 B1) in view of Barrett (US 2022/0105368 A1).
Regarding claim 1, Wilke discloses a respirator (abstract) for donning on a canine having a body region (#1 fig 1) and a head region (#2 fig 1), where the head region of the canine is at an anterior position on the canine, the respirator comprising: a hood (#20 fig 1-2) having a distal end (pointed end near snout of dog in fig 1) positioned generally anterior to the canine, the hood comprising: a head enclosure (#22 fig 1) forming a breathable zone (#23 fig 1, col 4 ln 58-60) for receipt and encapsulation of filtered air when the respirator is donned on the canine (col 4 ln 58-60); a viewing window (#26 fig 1, col 4 ln 45-49) comprising a visually transparent material arranged at a location on the hood for allowing the canine to visually see through the viewing window when the respirator is donned on the canine (col 4 ln 45-49); an air entry port (port connecting manifold 42 and hose 17 fig 1) positioned proximate the distal end of the hood for receiving the filtered air (col 4 ln 52-54); and an intake air manifold (#42 fig 1) fluidly coupled with the air entry port for receipt of the filtered air (col 4 ln 52-54), wherein the intake air manifold comprises at least one channel (#40 fig 1) forming a pathway for the filtered air for delivery to a snout of the canine when the snout is positioned within the breathable zone; and an air supply unit (#10 fig 1)) comprising: at least one filter (#14 fig 1, col 3 ln 29); an air tube (#17 fig 1) in fluid communication with the air entry port for delivering the filtered air to the hood (col 4 ln 52-54); and a mounting assembly (#18/30 fig 1),
Wilke is silent to the air supply unit is attachable to a portion of the canine away from the body region of the canine via the mounting assembly.
Barrett teaches a similar canine respirator with an air supply unit (#36 fig 2B, par 0023 “oxygen reservoir”) and a mounting assembly (#41 fig 2B), wherein the air supply unit is attachable to a portion of the canine away from the body region of the canine via the mounting assembly (see fig 2B showing air supply/mounting assembly at the neck).
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 mounting assembly of Barret for the respirator of Wilke as a simple replacement of parts. Barrett discloses auxiliary air supply units on the body (#37 fig 3) similar to Wilke, thus Barret discloses air supply mounted on both the body and the neck. Thus, moving the air supply to a neck mounting assembly frees the back/harness to support additional back up components allowing the canine to carry additional components.
Regarding claim 2, modified Wilke discloses the respirator of claim 1. Wilke further discloses the intake air manifold includes a first outlet (#41 fig 1), wherein after placement of the hood around a head of the canine the first outlet is located approximate to the snout of the canine (see fig 1).
Wilke is silent to a second outlet located proximate to the snout of the canine.
Barrett further teaches an intake air manifold (#30 fig 2B) includes a first outlet (#32 fig 2B) and a second outlet (#32 fig 2B), wherein after placement of the hood around a head of the canine, each of the first outlet and the second outlet is located approximate to the snout of the canine (par 0022).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize two outlets as taught by Barrett on the respirator of modified Wilke as doing so allows for the air to be distributed proximate the nostrils of the canine (Barrett par 0022).
Regarding claim 3, modified Wilke discloses the respirator of claim 1. Barrett further discloses the mounting assembly is a collar (par 0024). Barret does not expressly disclose the collar comprising a first end and a second end, wherein each of the first end includes a first fastener and the second end includes a second fastener. However, Barret discloses “a traditional collar” thus it is seen as inherent that the color has first and second ends with fasteners/buckles as is traditional of dog collars.
Regarding claim 4, modified Wilke discloses the respirator of claim 1. Barrett further discloses the intake air manifold is disposed at the distal end of the hood for delivering the filtered air to the snout of the canine (see fig 2B).
Regarding claim 5, modified Wilke discloses the respirator of claim 1. Wilke further discloses the hood further comprises a sealing assembly (#24 fig 1, col 4 ln 32-44).
Regarding claim 6, modified Wilke discloses the respirator of claim 5. Wilke further discloses the sealing assembly is an elastic band for cinching a portion of the hood to a portion of the canine (col 4 ln 32-44 discloses #24 as elastic).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over modified Wilke as applied to claim 1 above, and further in view of Hwang (US 2024/0269493 A1).
Regarding claim 7, modified Wilke discloses the respirator of claim 1. Wilke is silent to the hood further comprises at least one sensor configured to detect carbon dioxide levels within the breathable zone.
Hwang teaches a similar canine respirator with at least one sensor configured to detect carbon dioxide levels within the breathable zone (par 0127).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a sensor as taught by Hwang onto the respirator of modified Wilke in order to monitor the dog’s respiration pattern (Hwang par 0130).
Claims 8, 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wilke in view of Barrett and Klein (DE 102014215241 A1).
Regarding claim 8, Wilke discloses a canine respirator (abstract) comprising: a hood (#20 fig 1) comprising: a viewing window (#26 fig 1, col 4 ln 45-49); an air intake port for receiving filtered air (port connecting manifold 42 and hose 17 fig 1, col 4 ln 52-54); an intake air manifold (#42 fig 1) for distributing the filtered air into one or more channels (#40 fig 1, col 4 ln 52-54); an air supply unit (#10 fig 1) for drawing in and filtering air from an environment (col 3 ln 34-42) comprising: a first filter (#14 fig 1, col 3 ln 29); an air tube (#17 fig 1) for delivering the filtered air to the hood (col 4 ln 52-54); and a harness (#18/30 fig 1) for placement around the body of the canine.
Wilke is silent to a mounting assembly, wherein the air supply unit is attached to a portion of a canine away from a body of the canine via the mounting assembly. Wilke instead discloses the air supply mounted to the harness (fig 1).
Barrett teaches a similar canine respirator with an air supply unit (#36 fig 2B, par 0023 “oxygen reservoir”) and a mounting assembly (#41 fig 2B), wherein the air supply unit is attachable to a portion of the canine away from the body region of the canine via the mounting assembly (see fig 2B showing air supply/mounting assembly at the neck).
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 mounting assembly of Barret for the respirator of Wilke as a simple replacement of parts. Barrett discloses auxiliary air supply units on the body (#37 fig 3) similar to Wilke, thus Barret discloses air supply mounted on both the body and the neck. Thus, moving the air supply to a neck mounting assembly frees the back/harness to support additional back up components allowing the canine to carry additional components.
Modified Wilke remains silent to at least one hood fastener and at least one harness fastener, wherein the at least one hood fastener connects to the at least one harness fastener for connecting the hood to the harness, wherein connecting of the hood to the harness prevents the canine from removing the air supply unit.
Klein teaches a similar canine respirator comprising a hood (#12 fig 1-4) and a harness (#60 fig 1-3, and at least one hood fastener (#62 fig 1) and at least one harness fastener (hole in tape 60 that screw 62 passes through), wherein the at least one hood fastener connects to the at least one harness fastener for connecting the hood to the harness (par 0042), wherein connecting of the hood to the harness prevents the canine from removing the air supply unit (as the fastening helps secure the hood to the canine it is seen that the canine is prevented from removing the air supply unit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate hood and harness fasteners as taught by Klein onto the respirator of modified Wilke as doing so helps further secure the hood to the canine.
Regarding claim 10, modified Wilke discloses the respirator of claim 8. Modified Wilke further discloses the first filter is attached to the mounting assembly (as taught by Barrett teaching the entire air supply unit, including the filter) and coupled to the air supply unit via a first transport tube (#16 fig 1).
Regarding claim 11, modified Wilke discloses the respirator of claim 10. Modified Wilke does not expressly disclose a second filter attached to the mounting assembly and coupled to the air supply unit via a second transport tube. However, Wilke does disclose the use of a filter canister or canisters (col 3 ln 29 “canister or canisters”) thus disclosing the use of more than one filter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a second filter and associated transport tube as incorporating extra filters can help improve the filtration effect if provided in series or improve overall airflow when provided in parallel.
Regarding claim 12, modified Wilke discloses the respirator of claim 11. Modified Wilke does not expressly disclose a third filter attached to the mounting assembly and coupled to the air supply unit via a third transport tube. However, Wilke does disclose the use of a filter canister or canisters (col 3 ln 29 “canister or canisters”) thus disclosing the use of more than one filter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a third filter and associated transport tube as incorporating extra filters can help improve the filtration effect if provided in series or improve overall airflow when provided in parallel.
Regarding claim 13, modified Wilke discloses the respirator of claim 12. Modified Wilke discloses a tubing system comprising at least a portion of the first transport tube, the second transport tube, and the third transport tube (#16 fig 1, and additional tubes as taught in claims 11 and 12).
Regarding claim 14, modified Wilke discloses the respirator of claim 13. Modified Wilke does not expressly disclose the mounting assembly further comprises: a first end comprising a first fastener; and a second end comprising a second fastener configured to removably attach to the first fastener such that the mounting assembly is secured around a neck of the canine. However, Barrett discloses the mounting assembly is a collar (par 0024) fitted around the neck (fig 2B). Barret does not expressly disclose a first end comprising a first fastener; and a second end comprising a second fastener configured to removably attach to the first fastener. However, Barret discloses “a traditional collar” thus it is seen as inherent that the collar has first and second ends with fasteners/buckles as is traditional of dog collars.
Regarding claim 15, Wilke discloses a method of providing filtered air to a canine (abstract), the method comprising steps of: providing a canine respirator for use with a canine (abstract), the canine respirator comprising: a hood (#20 fig 1-2) comprising: a viewing window (#26 fig 1, col 4 ln 45-49); an air entry port (port connecting manifold 42 and hose 17 fig 1) for receiving the filtered air; an intake air manifold (#42 fig 1) for distributing the filtered air into one or more channels (#40 fig 1); and an air supply unit (#10 fig 1) comprising: at least one filter (#14 fig 1, col 3 ln 29) for drawing in and filtering air from an environment (col 3 ln 34-42); an air tube (#17 fig 1) for connecting to the air entry port for delivering the filtered air to the hood (col 4 ln 52-54); and providing a harness (#18/30 fig 1) for placement around the body of the canine; placing the hood on a head portion of the canine (see fig 1); mounting the air supply unit on the canine (see fig 1, mounted on the harness); securing the harness on the body of the canine (see fig 1); causing the air supply unit to draw in and filter the air from the environment; and causing the air supply unit to deliver the air from the air supply unit to the hood (col 4 ln 15-18).
Wilke is silent to a mounting assembly, wherein the air supply unit is attached to a portion of the canine away from a body of the canine via the mounting assembly.
Barrett teaches a similar canine respirator with an air supply unit (#36 fig 2B, par 0023 “oxygen reservoir”) and a mounting assembly (#41 fig 2B), wherein the air supply unit is attachable to a portion of the canine away from the body region of the canine via the mounting assembly (see fig 2B showing air supply/mounting assembly at the neck).
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 mounting assembly of Barret for the respirator of Wilke as a simple replacement of parts. Barrett discloses auxiliary air supply units on the body (#37 fig 3) similar to Wilke, thus Barret discloses air supply mounted on both the body and the neck. Thus, moving the air supply to a neck mounting assembly frees the back/harness to support additional back up components allowing the canine to carry additional components.
Modified Wilke remains silent to at least one hood fastener and at least one harness fastener; wherein the at least one hood fastener connects to the at least one harness fastener for connecting the hood to the harness, wherein connecting of the hood to the harness prevents the canine from removing the air supply unit.
Klein teaches a similar canine respirator comprising a hood (#12 fig 1-4) and a harness (#60 fig 1-3, and at least one hood fastener (#62 fig 1) and at least one harness fastener (hole in tape 60 that screw 62 passes through), wherein the at least one hood fastener connects to the at least one harness fastener for connecting the hood to the harness (par 0042), wherein connecting of the hood to the harness prevents the canine from removing the air supply unit (as the fastening helps secure the hood to the canine it is seen that the canine is prevented from removing the air supply unit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate hood and harness fasteners as taught by Klein onto the respirator of modified Wilke as doing so helps further secure the hood to the canine.
Regarding claim 16, modified Wilke discloses the method of claim 15. Wilke further discloses the air is drawn in from the environment at a rate of approximately 10 liters per minute to approximately 500 liters per minute (col 3 ln 42-45).
Regarding claim 17, modified Wilke discloses the method of claim 15. Wilke does not expressly disclose the harness further comprises at least one storage unit for storing at least a portion of the canine respirator when the canine respirator is not in use. However, Wilke does disclose the use of a storage unit to store components of the respirator system (col 5 ln 57-59). It would have been obvious to one of ordinary skill in the art to have the storage unit on the harness in order to keep the storage unit attached to the respirator system such that the storage unit is always at hand.
Regarding claim 18, modified Wilke discloses the method of claim 15. Wilke further discloses the hood comprises a head portion for covering a portion of a head of the canine (see fig 1, col 3 ln 22-24) and a body portion for covering a portion of a body of the canine (see fig 1, col 3-22-24 disclosing covering the neck of the body).
Regarding claim 19, modified Wilke discloses the method of claim 18. Modified Wilke does not expressly disclose the hood fasteners are on the body portion of the hood. However, it would have been obvious to one of ordinary skill in the art to incorporate the hood fasteners of Klein on the body portion in order to ensure that the fasteners do not weigh down the head of the hood.
Regarding claim 20, modified Wilke discloses the method of claim 15. Wilke further discloses the harness comprises a first strap for wrapping around a body portion of the canine (#32/34 fig 1) and a second strap for wrapping around a neck portion of the canine (#39 fig 1, col 4 ln 5-8).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over modified Wilke as applied to claim 8 above, and further in view of Goodrich (US 3,058,463 A).
Modified Wilke discloses the respirator of claim 8. Wilke does not expressly disclose a head harness for placement around a head portion of the canine, wherein the head harness comprises at least one fastener for coupling to at least one complimentary fastener of the hood. Wilke instead discloses a muzzle that does not couple with the hood (#28 fig 1-2).
Goodrich teaches a respiration hood with a head harness/head band (#11 fig 1-4) for placement around a head portion (see fig 2), wherein the head harness comprises at least one fastener for coupling to at least one complimentary fastener on the hood (#12 fig 1-5, col 2 ln 32-36).
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 head harness coupling with the hood as taught by Goodrich on the respirator of modified Wilke as doing so helps to contour the hood to the head (Goodrich: col 2 ln 32-36) allowing the hood to be better secured.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alon US 6834646 B2 discloses a respiration hood covering a canines head and part of a canine’s body (see fig 14A)
English US 20210299487 A1 discloses a respirator with three filters
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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