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 .
Claims 1-2 have been examined.
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Bhatt et al (US Patent Application Publication 2024/035820).
1. Bhatt et al disclose a respirator muscle training device (10) comprising:
a main unit (18/22) including at least one adjustable air metering vent (22,86; Par. 0068), the main unit comprising a stem (18) configured to accept a replaceable mouthpiece (14); and
a replaceable mouthpiece (14; Par. 0064; Fig 6) configured to mate with the stem, the replaceable mouthpiece being configured to deliver air flow between the main unit air metering vent and a patient’s mouth.
However, Bhatt et al do not explicitly disclose wherein the mouthpiece defines at least one supplementary metering channel that predictably modifies a resistance of the respirator muscle training device to user inhalation and/or exhalation through the device.
Chesbrough et al teach a similar breathing device having a main unit (108/150, air vents (154) at and end of the main unit, a stem (108), and replaceable mouthpieces (102/76) configured to mate with the stem, wherein one of the replaceable mouthpieces comprises a supplementary vent (86) which limits the amount of back pressure in the device (Par. 0034). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the mouthpieces of Bhatt et al to include a supplementary vent as taught by Chesbrough et al to limit the back pressure in the device.
2. Bhatt et al disclose a respirator muscle training kit comprising:
a portion (18/22) including at least one adjustable air metering vent (22,86; Par. 0068) and configured to accept a replaceable mouthpiece (18);
a first replaceable mouthpiece (14; Par. 0064; Fig 6) configured to connect to the portion, the replaceable mouthpiece being configured to deliver air flow between the metering vent and a patient’s mouth; and
a second replaceable mouthpiece configured to connect to the portion (Fig 6), the replaceable mouthpiece being configured to deliver air flow between the metering vent and the patient’s mouth.
However, Bhatt et al do not explicitly disclose wherein the second mouthpiece defines at least one supplementary metering channel that modifies a resistance to user inhalation and/or exhalation through the metering vent.
Chesbrough et al teach a similar breathing device having a main unit (108/150, air vents (154) at and end of the main unit, a stem (108), and replaceable mouthpieces (102/76) configured to mate with the stem, wherein one of the replaceable mouthpieces comprises a supplementary vent (86) which limits the amount of back pressure in the device (Par. 0034). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the mouthpieces of Bhatt et al to include a supplementary vent as taught by Chesbrough et al to limit the back pressure in the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lesobre et al, Wagner, Rutten et al, Poulson et al, Huang, and Hougen all teach similar personal breathing devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached M-F 7a-4:30p MST.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3784 10/23/2025