DETAILED ACTION
Primary Examiner acknowledges Claims 1-15 are pending in this application as originally filed on May 15, 2024.
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 Objections
Claims 2-11, and 13-15 are objected to because of the following informalities:
Claims 2-7 the preamble should read “The patient respiratory mask” to be consistent with patent convention. Appropriate correction and clarification is required.
Claim 5, Line 2 should read “as part of an electronics assembly” to be grammatically correct. Appropriate correction and clarification is required.
Claim 8 the preamble should read “A patient communications system”. Appropriate correction and clarification is required.
Claim 9 the preamble should read “The patient communications system” to be consistent with patent convention. Appropriate correction and clarification is required.
Claims 10 and 11 the preamble should read “The patient communications system” to be consistent with patent convention. Appropriate correction and clarification is required.
Claims 13-15 the preamble should read “The patient respiratory system” to be consistent with patent convention. Appropriate correction and clarification is required.
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 1-15 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.
Specifically, Claim 1, Lines 4-5 recite “fluid delivery tube portion”; however, this limitation appears to lack antecedent basis in the claims. The former recitation of “fluid delivery tube” in Claim 1, Line 3 does not include the word “portion”. Dependent claims, Claims 1-7 incorporate the indefinite subject matter from which they depend. Explicitly, Claim 5, Line 3 appears to propagate the “fluid delivery tube portion”. Appropriate correction and clarification is required.
Specifically, Claim 8, Lines 4-5 recite “fluid delivery tube portion”; however, this limitation appears to lack antecedent basis in the claims. The former recitation of “fluid delivery tube” is in Claim 8, Line 3 does not include the word “portion”. Dependent claims, Claims 9-11 incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Specifically, Claim 12, Lines 4 and 5 recite three (3) instances of “said tube”; however, this limitation appears to lack antecedent basis in the claims. The former recitation of “fluid delivery tube” is in Claim 12, Line 3. It appears the recitation of “said tube” should be changed to “said fluid delivery tube”. Dependent claims, Claims 13-15 incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Specifically, Claim 1, Line 6 recites “patient mask”; however, this limitation appears to lack antecedent basis in the claims. The former recitation of “patient respiratory mask” is in the preamble. It appears the recitation should be changed to “patient respiratory mask”. Dependent claims, Claims 1-7 incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Specifically, Claim 2, Line 4 recites “the speaker”; however, this limitation appears to lack antecedent basis in the claims. The former recitation of “external wireless speaker” is in Claim 2, Line 3. It appears the recitation should be changed to “the external wireless speaker”. Appropriate correction and clarification is required.
Specifically, Claim 8, Line 6 recites “patient mask”; however, this limitation appears to lack antecedent basis in the claims. The former recitation of “respiratory mask” is in Claim 8, Line 1, “mask” is in Claim 8, Line 2, and “mask portion” Claim 8, Line 2. Primary Examiner is unsure which limitation Applicant is attempting to refer. Dependent claims, Claims 9-11 incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Specifically, the preambles of Claims 10 and 11 having “patient respiratory system” are inconsistent with patient convention as they DO NOT match the dependency of Claim 8 which recites “patient communications system”. Primary Examiner is unsure if the dependency of Claims 10 and 11 should be changed from Claim 8 to Claim 12 to be consistent, OR alternatively, if the this recitation is a failure to further limit under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), fourth paragraph. Appropriate correction and clarification is required.
Specifically, Claim 9, Line 3 recites “said external wireless speaker”; however, this limitation lacks antecedent basis in the claims. There is no previous introduction of the “external wireless speaker” within the parentage of Claim 9. However, the term “an external wireless speaker” appears to be referenced in Claim 2 – which does not share lineage with Claim 9. Appropriate correction and clarification is required.
Specifically, Claim 12, Line 4 recites “the clip”; however, this limitation lacks antecedent basis in the claims. It appears the recitation should be “the microphone clip”. Dependent claims, Claims 13-15 incorporate the indefinite subject matter from which they depend. Explicitly, Claim 13, Line 2 appear to propagate the “said clip” language and should be changed to “said microphone clip”. Appropriate correction and clarification is required.
Specifically, the claims recite various limitations – “communications system” (Claim 1, 6, 8, 9, 10, 12, and 14); “communications device” (Claims 2 and 9); and “communications component” (Claims 1, 8, and 12); however, the breadth and scope of each of these limitations is unclear. Primary Examiner is unsure if these terms are meant to be commensurate in scope or separate and distinct. Furthermore, the claims do not provide a structure and relationship to each of these terms. Dependent claims incorporate the indefinite subject matter from which they depend. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, 5, 8, and 9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Brock et al. (3,218,607).
As to Claim 1, Brock discloses a patient respiratory mask (Figures 1 and 2), comprising: a mask portion (defined by the combination of 13 and 27, “A headband 13 connecting the earphones 11 and 12 is rubber-covered steel mounting a central enlarged electronic circuit package 14. also rubber-covered and having a central protuberance 15 enclosing a transducer shown in FIG. 2. …. As shown, the swimmer wears a face mask 27 covering only the eyes and nose, with the mouthpiece 23 and transmitter 22 as a separate unit. 'When the swimmer uses a full face type mask covering the eyes, nose GO and mouth, the transmitter may be mounted anywhere within the face mask and desirably away from the immediate areas of the air passages to reduce the level of air movement noise at the transmitter.” Column 2, Lines 30-65) configured to define an interior patient airspace (for receipt of patient’s eyes, nose, mouth); a fluid delivery tube (24/25, “The transmitter 22 shown in dashed lines is normally mounted in the mouthpiece 23 of underwater breathing apparatus, unshown in the drawing except for hoses 24 and 25 and the mouthpiece 23.” Column 2, Lines 30-65) configured to provide fluid gas to the interior patient airspace (for receipt of patient’s eyes, nose, mouth); and a microphone (22, “The headband 13 extends below the earphone 11 to mount a rubber-sealed function control or press-to- talk switch 16, an on-off switch 17 and a connector 20 for a transmitter lead 21 connecting a microphone transmitter 22 to the communications system. The transmitter 22 shown in dashed lines is normally mounted in the mouthpiece 23 of underwater breathing apparatus, unshown in the drawing except for hoses 24 and 25 and the mouthpiece 23. As shown in FIG. 1, the transmitter extends into the center of the air chamber 26 of the mouthpiece 23 for reception of speech passing through the Large , breathing orifice 23a, shown by dashed lines within the mouthpiece 23. As shown, the swimmer wears a face mask 27 covering only the eyes and nose, with the mouthpiece 23 and transmitter 22 as a separate unit.” Column 2, Lines 30-65) disposed on or in a coupler (26, “As shown in FIG. 1, the transmitter extends into the center of the air chamber 26 of the mouthpiece 23 for reception of speech passing through the Large , breathing orifice 23a, shown by dashed lines within the mouthpiece 23.” Column 2, Lines 30-65) between the mask portion (defined by the combination of 13 and 27) and the fluid delivery tube (24/25), the microphone (22) configured to interface with a communications system (“… a connector 20 for a transmitter lead 21 connecting a microphone transmitter 22 to the communications system.” Column 2, Lines 30-65) configured to pick up speech from the patient respiratory mask (Figures 1 and 2) for delivery to an additional communications component (“communications system” to permit the telephone call between “the surface” and the “diver”/“divers” Column 1, Lines 1-25; OR alternatively 11/12 – “the earphones 11 and 12” Column 2, Lines 30-65).
As to Claim 4, Brock discloses the microphone (22) is wired (via 21, “a transmitter lead 21” Column 2, Lines 30-65) to a speaker (11/12, “the earphones 11 and 12” Column 2, Lines 30-65).
As to Claim 5, Brock discloses the microphone (22) is provided as part of an electronics assembly (via 13, “A headband 13 connecting the earphones 11 and 12 is rubber-covered steel mounting a central enlarged electronic circuit package 14. also rubber-covered and having a central protuberance 15 enclosing a transducer shown in FIG. 2.” Column 2, Lines 30-65) connected to a power cord (21, “a connector 20 for a transmitter lead 21 connecting a microphone transmitter 22 to the communications system.” Column 2, Lines 30-65, whereby power is provided by 11/18, wherein 11 – ““a battery case 11” Column 2, Lines 30-40, and wherein 18 – “The battery pack 11, correspondingly roughly in size and position to the earphone 12, includes one or more cells 18, for example, a conventional dry battery, sufficient to provide a working potential of 9 volts for the transistor circuitry of package 14.” Column 3, Lines 30-50; also see: “In addition to the transmitting, receiving and AGC sections, the circuit is completed by the power supply and function control switch 16, the power supply comprising simply the battery 18 having the positive terminal contacted to the common ground of the apparatus through the on-off switch 17 and the negative terminal connected to each point in the circuit designated by a circled minus sign.” Column 4, Lines 40-50) that runs at least partially along the length of the fluid delivery tube (24/25) to terminate in an outlet prong connector (20, “a connector 20 for a transmitter lead 21 connecting a microphone transmitter 22 to the communications system.” Column 2, Lines 30-65).
As to Claim 8, Brock discloses a patient communications system (best seen Figure 3) for a respiratory mask (Figures 1 and 2), comprising: a mask (10, “Now referring to FIG. 1, the communications system '' of this invention comprises primarily a headset designated generally 10 having a pair of earphone sections, one of which constitutes a battery case 11 overlying the wearer's right ear, and the other contains an actual earphone 12.” Column 2, Lines 30-40) having a mask portion (defined by the combination of 13 and 27, “A headband 13 connecting the earphones 11 and 12 is rubber-covered steel mounting a central enlarged electronic circuit package 14. also rubber-covered and having a central protuberance 15 enclosing a transducer shown in FIG. 2. …. As shown, the swimmer wears a face mask 27 covering only the eyes and nose, with the mouthpiece 23 and transmitter 22 as a separate unit. 'When the swimmer uses a full face type mask covering the eyes, nose GO and mouth, the transmitter may be mounted anywhere within the face mask and desirably away from the immediate areas of the air passages to reduce the level of air movement noise at the transmitter.” Column 2, Lines 30-65) configured to define an interior patient airspace (for receipt of patient’s eyes, nose, mouth); a fluid delivery tube (24/25, “The transmitter 22 shown in dashed lines is normally mounted in the mouthpiece 23 of underwater breathing apparatus, unshown in the drawing except for hoses 24 and 25 and the mouthpiece 23.” Column 2, Lines 30-65) configured to provide fluid gas to the interior patient airspace (for receipt of patient’s eyes, nose, mouth); and a microphone (22, “The headband 13 extends below the earphone 11 to mount a rubber-sealed function control or press-to- talk switch 16, an on-off switch 17 and a connector 20 for a transmitter lead 21 connecting a microphone transmitter 22 to the communications system. The transmitter 22 shown in dashed lines is normally mounted in the mouthpiece 23 of underwater breathing apparatus, unshown in the drawing except for hoses 24 and 25 and the mouthpiece 23. As shown in FIG. 1, the transmitter extends into the center of the air chamber 26 of the mouthpiece 23 for reception of speech passing through the Large , breathing orifice 23a, shown by dashed lines within the mouthpiece 23. As shown, the swimmer wears a face mask 27 covering only the eyes and nose, with the mouthpiece 23 and transmitter 22 as a separate unit.” Column 2, Lines 30-65) disposed on or in a coupler (26, “As shown in FIG. 1, the transmitter extends into the center of the air chamber 26 of the mouthpiece 23 for reception of speech passing through the Large , breathing orifice 23a, shown by dashed lines within the mouthpiece 23.” Column 2, Lines 30-65) between the mask portion (defined by the combination of 13 and 27) and the fluid delivery tube (24/25), the microphone (22) configured to interface with a processor (Figure 3, “The circuitry of the underwater telephone system may be seen in FIG. 3.”Column 4, Lines 1-15) of a communications system (“… a connector 20 for a transmitter lead 21 connecting a microphone transmitter 22 to the communications system.” Column 2, Lines 30-65) configured to pick up speech from the respiratory mask (Figures 1 and 2) for delivery to an additional communications component (“communications system” to permit the telephone call between “the surface” and the “diver”/“divers” Column 1, Lines 1-25; OR alternatively 11/12 – “the earphones 11 and 12” Column 2, Lines 30-65).
As to Claim 9, Brock discloses a switching or bridging component (73, “One further portion of the circuitry is the automatic gain control (AGC) section 73 having its input connected to both the receiving and transmitting sections 50 and 60 at common junction 74 of the input to the amplifier stage 53. The AGC section 73 includes a low pass filter 75 and a transistor stage 76 for developing a unidirectional voltage varying as a function of its input alternating current level. The AGC section serves to control the level of the receiving section 60 by introduction of an AGC voltage into the receiver section input over a lead 78 and resistor 79 at junction 77.” Column 4, Lines 25-45) configured to switch or bridge output signals directed to the external wireless speaker (11/12 – “the earphones 11 and 12” Column 2, Lines 30-65) to one or a plurality of communications devices (“communications system” to permit the telephone call between “the surface” and the “diver”/“divers” Column 1, Lines 1-25) to relay speech form the interior patient airspace (for receipt of patient’s eyes, nose, mouth) to the communications devices (“communications system” to permit the telephone call between “the surface” and the “diver”/“divers” Column 1, Lines 1-25).
Claims 1, 3, 4, 8, 9, 12, and 13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Berman (3,314,424).
As to Claim 1, Berman discloses a patient respiratory mask (Figures 1 and 2), comprising: a mask portion (12, “FIGURE 1 is a profile drawing showing a fire fighter 10 wearing a smoke mask 12 which is illustrated in section along a central, vertical plane parallel to the plane of the paper. The mask 12 is generally conventional and has a transparent face plate 14 suitably mounted in a pair of formed channel rims 16a and 16b.” Column 2, Lines 55-70) configured to define an interior patient airspace (receiving the face of the patient as best seen in Figure 1); a fluid delivery tube (32, “The housing 26 houses an exhaust valve 30 in the outer end portion 26b and has a lower inlet connection 26c which connects with a filtered air inlet hose 32.” Column 3, Lines 5-15) configured to provide fluid gas to the interior patient airspace (receiving the face of the patient as best seen in Figure 1); and microphone (40, “The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2). … The microphone 40 is mounted on support device 44 so that it is accurately positioned near and directly before the mask wearer's mouth. As can be seen in FIGURE 1, there is relatively very little available space in which to mount the microphone 40.” Column 3, Lines 20-50) disposed on or in a coupler (26, “The housing 26 houses an exhaust valve 30 in the outer end portion 26b and has a lower inlet connection 26c which connects with a filtered air inlet hose 32. … Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) between the mask portion (12) and the fluid delivery tube (32), the microphone (40) configured to interface with the communications system (38, “Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) configured to pick up speech from the patient respiratory mask (Figures 1 and 2) for delivery to an additional communications component (“loudspeaker” Column 3, Lines 5-40).
As to Claim 3, Berman discloses the coupler (26) includes a speaker (via 38, “loudspeaker” Column 3, Lines 5-40) in communication with the microphone (40).
As to Claim 4, Berman discloses the microphone (40) is wired (via 42/48, “ The microphone 40 is a conventional device having an electrical cable 48 connected on one end to terminals on the back of the microphone 40 and an electrical receptacle 50 connected on the other end. The electrical cable 42 connecting on one end with the communication unit 38 has an electrical plug 52 connected to the other end. The plug 52, of course, engages the receptacle 50 such that the microphone 40 is electrically connected to the unit 38 through cables 48 and 42.” Column 3, Lines 60-75) to a speaker (via 38, “loudspeaker” Column 3, Lines 5-40).
As to Claim 8, Berman discloses a patient communications system (38, “Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) for a respiratory mask (Figures 1 and 2), comprising: a mask (Figures 1 and 2) having a mask portion (12, “FIGURE 1 is a profile drawing showing a fire fighter 10 wearing a smoke mask 12 which is illustrated in section along a central, vertical plane parallel to the plane of the paper. The mask 12 is generally conventional and has a transparent face plate 14 suitably mounted in a pair of formed channel rims 16a and 16b.” Column 2, Lines 55-70) configured to define an interior patient airspace (receiving the face of the patient as best seen in Figure 1); a fluid delivery tube (32, “The housing 26 houses an exhaust valve 30 in the outer end portion 26b and has a lower inlet connection 26c which connects with a filtered air inlet hose 32.” Column 3, Lines 5-15) configured to provide fluid gas to the interior patient airspace (receiving the face of the patient as best seen in Figure 1); and microphone (40, “The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2). … The microphone 40 is mounted on support device 44 so that it is accurately positioned near and directly before the mask wearer's mouth. As can be seen in FIGURE 1, there is relatively very little available space in which to mount the microphone 40.” Column 3, Lines 20-50) disposed on or in a coupler (26, “The housing 26 houses an exhaust valve 30 in the outer end portion 26b and has a lower inlet connection 26c which connects with a filtered air inlet hose 32. … Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) between the mask portion (12) and the fluid delivery tube (32), the microphone (40) configured to interface with a processor (“an audio amplifier” Column 3, Lines 5-40) of the communications system (38, “Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) configured to pick up speech from the patient respiratory mask (Figures 1 and 2) for delivery to an additional communications component (“loudspeaker” Column 3, Lines 5-40).
As to Claim 9, Berman discloses a switching or bridging component (via circuitry of “amplifier”, “The microphone, of course, must be mounted within the mask before the wearer’s mouth, and is normally connected to the amplifier by an electrical cable. The amplifier and the loudspeaker which is driven by the output of the amplifier can be carried by the fire fighter outside the mask on the person's body, or integrally mounted on the mask if a small amplifier and loudspeaker are used.” Column 1, Lines 1-35; “Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) configured to switch or bridge output signals directed to the external wireless speaker (“loudspeaker” Column 3, Lines 5-40) to one or a plurality of communications devices (via “loudspeaker” Column 3, Lines 5-40 as “carried by the fire fighter outside the mask on the person's body” .” Column 1, Lines 1-35) to relay speech from the interior patient airspace (receiving the face of the patient as best seen in Figure 1) to the communications devices (via “loudspeaker” Column 3, Lines 5-40 as “carried by the fire fighter outside the mask on the person's body” .” Column 1, Lines 1-35).
As to Claim 12, Berman discloses a patient respiratory system (Figures 1 and 2), comprising: a mask (Figures 1 and 2) having a mask portion (12, “FIGURE 1 is a profile drawing showing a fire fighter 10 wearing a smoke mask 12 which is illustrated in section along a central, vertical plane parallel to the plane of the paper. The mask 12 is generally conventional and has a transparent face plate 14 suitably mounted in a pair of formed channel rims 16a and 16b.” Column 2, Lines 55-70) configured to define an interior patient airspace (receiving the face of the patient as best seen in Figure 1); a fluid delivery tube (32, “The housing 26 houses an exhaust valve 30 in the outer end portion 26b and has a lower inlet connection 26c which connects with a filtered air inlet hose 32.” Column 3, Lines 5-15) configured to provide fluid gas to the interior patient airspace (receiving the face of the patient as best seen in Figure 1); and a microphone clip (46, “The other end of the support device 44 includes a clamp 46 which mounts the microphone 40. The clamp 46 is preferably a nylon loop type clamp. … The connected receptacle 50 and plug 52 combination is suitably secured by a clamp (not shown) or can simply be firmly held in position by the support device 44 pressing it tightly against the plate 34, as shown in FIGURE 2.” Column 3, Lines 50-75; “FIGURE 3 shows a support device 44 which is not bent to any particular shape, nor does it have a mounting means (microphone clamp 46) attached to end end.” Column 4, Lines 10-30; “This is desirable for the mounting arrangement shown in FIGURE 2 wherein the lug 58a is fastened by screw 36 in an approximately vertical plane, and the lug 58b is fastened by screw 60 and nut 62 and set in an approximately horizontal plane to the ends of the clamp 46, substantially as shown. The support device 44 can be bent to various positions as desired from the normal arrangement depicted in FIGURE 2.” Column 4, Lines 60-75), the microphone clip (46) being configured to releasably attach (via 60/62 and 50, wherein 60/62 – “This is desirable for the mounting arrangement shown in FIGURE 2 wherein the lug 58a is fastened by screw 36 in an approximately vertical plane, and the lug 58b is fastened by screw 60 and nut 62 and set in an approximately horizontal plane to the ends of the clamp 46, substantially as shown. The support device 44 can be bent to various positions as desired from the normal arrangement depicted in FIGURE 2.” Column 4, Lines 60-75; and wherein 50 – “The microphone 40 is a conventional device having an electrical cable 48 connected on one end to terminals on the back of the microphone 40 and an electrical receptacle 50 connected on the other end. The electrical cable 42 connecting on one end with the communication unit 38 has an electrical plug 52 connected to the other end. The plug 52, of course, engages the receptacle 50 such that the microphone 40 is electrically connected to the unit 38 through cables 48 and 42. The connected receptacle 50 and plug 52 combination is suitably secured by a clamp (not shown) or can simply be firmly held in position by the support device 44 pressing it tightly against the plate 34, as shown in FIGURE 2.” Column 3, Lines 60-75) to the coupler (26, “The housing 26 houses an exhaust valve 30 in the outer end portion 26b and has a lower inlet connection 26c which connects with a filtered air inlet hose 32. … Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) associated with the fluid delivery tube (32) or the mask portion (12) such that the microphone (40) is proximate to the fluid delivery tube (32) or the mask portion (12) to pick up sounds therefrom, the microphone (40) configured to interface with a communications system (38, “Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) configured to pick up speech from the patient respiratory mask (Figures 1 and 2) for delivery to an additional communications component (“loudspeaker” Column 3, Lines 5-40).
As to Claim 13, Berman discloses at least a portion of the microphone (40) is disposed on an interior surface of the microphone clip (46).
Claims 1, 3-5, 8, 9, 12, and 13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Palmer et al. (2015/0217143).
As to Claim 1, Palmer discloses a patient respiratory mask (Figures 1-6), comprising: a mask portion (14, “FIG. 1 is a perspective diagram of an in-line accessory 10 that is coupled to a SCBA system 12 in accordance with some embodiments. The SCBA system 12 includes a mask 14 and a regulator 16.” Para 0023) configured to define an interior patient space (“The mask 14 is worn by a user 22 over the user's mouth and nose and the regulator 16 connects to an air supply (not shown) such that air is supplied to the user 22 via the regulator 16 through the mask 14.” Para 0023); a fluid delivery tube (26, “The in-line accessory 10 can include a cable connection 24 for data and/or power that is routed together with an air cable 26 attached to the regulator 16 in a same sheath 28.” Para 0025) configured to provide fluid gas to the interior patient space (“over the user's mouth and nose”); and a microphone (60/80, Figures 7 and 9, respectively, wherein 60 – “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62.” Para 0040; and wherein 80 – “The in-line accessory 10 can include a heads-up display 70, a near infrared (IR) camera 72, a red/green/blue (RGB) camera 74, and an illumination LED 76. The in-line accessory 10 can also include a thermal camera 78, a microphone 80, and an emergency button 82.” Para 0046) disposed on or in a coupler (10, best seen Figures 7 and 9 , “in-line accessory 10” Para 0032) between the mask portion (14) and the fluid delivery tube (26), the microphone (60/80) configured to interface with a communications device (88/401, wherein 88 – “Each of the aforementioned components 72, 74, 76, 78, 84 can be communicatively coupled to a microcontroller 86 which can be communicatively coupled to a wireless radio 88.” Para 0049; and wherein 401 – “The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) configured to pickup speech from the patient respiratory mask (Figures 1-6) for delivery to an additional communications component (62, “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62. Here, the in-line accessory 10 is shown with two speakers 62 located on the sides and angled and directed backward towards the user's ears.” Para 0040).
As to Claim 3, Palmer discloses the coupler (10) includes a speaker (62, “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62. Here, the in-line accessory 10 is shown with two speakers 62 located on the sides and angled and directed backward towards the user's ears.” Para 0040) in communication with the microphone (60/80).
As to Claim 4, Palmer discloses the microphone (60/80) is wired (via 24, “The in-line accessory 10 can include a cable connection 24 for data and/or power that is routed together with an air cable 26 attached to the regulator 16 in a same sheath 28. The cable connection 24 can connect the in-line accessory 10 to an air pack (not shown) or other components. The cable connection 24 is an accessory cord providing connectivity to the in-line accessory 10. The sheath 28 allows the cable connection 24 to be routed with the air cable 26. Alternatively, the cable connection 24 could be routed in a jacket on the user 22. Also, the in-line accessory 10 can include wireless connectivity and on-board power via a battery or the like. Here, the in-line accessory may not need the cable connection 24. The in-lines accessory 10 can also include wireless with the cable connection 24 included as well.” Para 0025; also see: “ The cable connection 24 could be routed along with the air cable 26 via the use of the sheath 28 that would co-locate the cord and hose. Optionally, the user 22 could route the cable connection 24 in a normal fashion through the user's 22 clothing, e.g. down into or through a jacket where a radio is placed. Either solution results in a very short exposed cord length, thereby greatly reducing the chances of the cable connection 24 becoming tangled, snagged, or cut/melted. The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) to a speaker (401, “The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041).
As to Claim 5, Palmer discloses the microphone (60/80) is provided as part of an electronics assembly connected to a power cord (24, “The in-line accessory 10 can include a cable connection 24 for data and/or power that is routed together with an air cable 26 attached to the regulator 16 in a same sheath 28. The cable connection 24 can connect the in-line accessory 10 to an air pack (not shown) or other components. The cable connection 24 is an accessory cord providing connectivity to the in-line accessory 10. The sheath 28 allows the cable connection 24 to be routed with the air cable 26. Alternatively, the cable connection 24 could be routed in a jacket on the user 22. Also, the in-line accessory 10 can include wireless connectivity and on-board power via a battery or the like. Here, the in-line accessory may not need the cable connection 24. The in-lines accessory 10 can also include wireless with the cable connection 24 included as well.” Para 0025; also see: “ The cable connection 24 could be routed along with the air cable 26 via the use of the sheath 28 that would co-locate the cord and hose. Optionally, the user 22 could route the cable connection 24 in a normal fashion through the user's 22 clothing, e.g. down into or through a jacket where a radio is placed. Either solution results in a very short exposed cord length, thereby greatly reducing the chances of the cable connection 24 becoming tangled, snagged, or cut/melted. The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) that runs at least partially along the length (best seen Figure 4) of the fluid delivery tube (26) to terminate at an outlet prong connector (defined by the bulbous end of 24 best seen in Figure 1 that connects to the coupler 10).
As to Claim 8, Palmer discloses a patient communications system (70, “The in-line accessory 10 can include a heads-up display 70, a near infrared (IR) camera 72, a red/green/blue (RGB) camera 74, and an illumination LED 76. The in-line accessory 10 can also include a thermal camera 78, a microphone 80, and an emergency button 82.” Para 0046) for a respiratory mask (Figures 1-6), comprising: a mask (best seen Figures 1-6 and 8) having a mask portion (14, “FIG. 1 is a perspective diagram of an in-line accessory 10 that is coupled to a SCBA system 12 in accordance with some embodiments. The SCBA system 12 includes a mask 14 and a regulator 16.” Para 0023) configured to define an interior patient space (“The mask 14 is worn by a user 22 over the user's mouth and nose and the regulator 16 connects to an air supply (not shown) such that air is supplied to the user 22 via the regulator 16 through the mask 14.” Para 0023); a fluid delivery tube (26, “The in-line accessory 10 can include a cable connection 24 for data and/or power that is routed together with an air cable 26 attached to the regulator 16 in a same sheath 28.” Para 0025) configured to provide fluid gas to the interior patient space (“over the user's mouth and nose”); and a microphone (60/80, Figures 7 and 9, respectively, wherein 60 – “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62.” Para 0040; and wherein 80 – “The in-line accessory 10 can include a heads-up display 70, a near infrared (IR) camera 72, a red/green/blue (RGB) camera 74, and an illumination LED 76. The in-line accessory 10 can also include a thermal camera 78, a microphone 80, and an emergency button 82.” Para 0046) disposed on or in a coupler (10, best seen Figures 7 and 9 , “in-line accessory 10” Para 0032) between the mask portion (14) and the fluid delivery tube (26), the microphone (60/80) configured to interface with a processor (86, “a microcontroller 86” Para 0049; “The microcontroller 86 is a hardware device for executing software instructions. The microcontroller 86 can be any custom made or commercially available processor, a central processing unit (CPU), an auxiliary processor among several processors associated with the in-line accessory 10, a semiconductor-based microprocessor (in the form of a microchip or chip set), or generally any device for executing software instructions. When the in-line accessory 10 is in operation, the microcontroller 86 is configured to execute software stored within memory, to communicate data to and from the memory, and to generally control operations of the in-line accessory 10 pursuant to the software instructions. In an exemplary embodiment, the microcontroller 86 may include a mobile optimized processor such as optimized for power consumption and mobile applications.” Para 0050; and “The battery 90 can power the microcontroller 86 and the wireless radio 88 and the various components 72, 74, 76, 78, 84 via the DC-DC step down power supply 92.” Para 0052) of a communications system (88/401, wherein 88 – “Each of the aforementioned components 72, 74, 76, 78, 84 can be communicatively coupled to a microcontroller 86 which can be communicatively coupled to a wireless radio 88.” Para 0049; and wherein 401 – “The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) configured to pickup speech from the patient respiratory mask (Figures 1-6) for delivery to an additional communications component (62, “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62. Here, the in-line accessory 10 is shown with two speakers 62 located on the sides and angled and directed backward towards the user's ears.” Para 0040).
As to Claim 9, Palmer discloses a switching or bridging component (“digital signal processors” Para 0057) configured to switch or bridge output signals directed to the external wireless speaker (88, “Each of the aforementioned components 72, 74, 76, 78, 84 can be communicatively coupled to a microcontroller 86 which can be communicatively coupled to a wireless radio 88.” Para 0049) to one or a plurality of communication devices (401, “The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) to relay speech from the interior patient airspace (“over the user's mouth and nose”) to the communications device (401).
As to Claim 12, Palmer discloses a patient respiratory system (Figures 1-6), comprising a mask (Figures 1-6) having a mask portion (14, “FIG. 1 is a perspective diagram of an in-line accessory 10 that is coupled to a SCBA system 12 in accordance with some embodiments. The SCBA system 12 includes a mask 14 and a regulator 16.” Para 0023) configured to define an interior patient space (“The mask 14 is worn by a user 22 over the user's mouth and nose and the regulator 16 connects to an air supply (not shown) such that air is supplied to the user 22 via the regulator 16 through the mask 14.” Para 0023); a fluid delivery tube (26, “The in-line accessory 10 can include a cable connection 24 for data and/or power that is routed together with an air cable 26 attached to the regulator 16 in a same sheath 28.” Para 0025) configured to provide fluid gas to the interior patient space (“over the user's mouth and nose”); and a microphone clip (defined the interaction of 30/32 to connect 10 the mask 14 via 16 or the fluid delivery tube 26, “In an exemplary embodiment for a Scott SCBA system, the in-line accessory 10 includes a female twist-lock interface 30 and a male twist-lock interface 32. The female twist-lock interface 30 is configured to interface the male twist-lock interface 18 on the regulator 16, and the male twist-lock interface 32 is configured to interface the female twist-lock interface 20 on the mask 14.” Para 0030), the microphone clip (defined the interaction of 30/32 to connect 10 the mask 14 via 16 or the fluid delivery tube 26) being releasably attached (via interaction of 30 and 18) to the fluid delivery tube (26), such that the microphone (60/80, Figures 7 and 9, respectively, wherein 60 – “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62.” Para 0040; and wherein 80 – “The in-line accessory 10 can include a heads-up display 70, a near infrared (IR) camera 72, a red/green/blue (RGB) camera 74, and an illumination LED 76. The in-line accessory 10 can also include a thermal camera 78, a microphone 80, and an emergency button 82.” Para 0046) is proximate to the fluid delivery tube (26) or the mask portion (14) to pick up sound therefrom, the microphone (60/80) configured to interface with a communications system (88/401, wherein 88 – “Each of the aforementioned components 72, 74, 76, 78, 84 can be communicatively coupled to a microcontroller 86 which can be communicatively coupled to a wireless radio 88.” Para 0049; and wherein 401 – “The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) for delivery to an additional communications component (62, “The in-line accessory 10 includes at least one microphone 60 which can be located in the opening 42 and at least one speaker 62. Here, the in-line accessory 10 is shown with two speakers 62 located on the sides and angled and directed backward towards the user's ears.” Para 0040).
As to Claim 13, Palmer discloses at least a portion of the microphone (60/80) is disposed on an interior surface of the microphone clip (defined by the connection interfaces of 30/32 on 10).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Berman (3,314,424) in view of Bloom et al. (2,953,129).
As to Claim 5, Berman discloses the microphone (40) is provided as part of an electronics system (“battery” via 38, “Attached to the outer end portion 26b (FIGURE 1) of the housing 26 is a communication unit 38 including an audio amplifier, loudspeaker and battery (all of which are not shown). The unit 38 is connected to a microphone 40 which is mounted within the mask 12 by an electrical cable 42 (FIGURE 2).” Column 3, Lines 5-40) connected to a power cord (42/48, “The microphone 40 is a conventional device having an electrical cable 48 connected on one end to terminals on the back of the microphone 40 and an electrical receptacle 50 connected on the other end. The electrical cable 42 connecting on one end with the communication unit 38 has an electrical plug 52 connected to the other end. The plug 52, of course, engages the receptacle 50 such that the microphone 40 is electrically connected to the unit 38 through cables 48 and 42. The connected receptacle 50 and plug 52 combination is suitably secured by a clamp (not shown) or can simply be firmly held in position by the support device 44 pressing it tightly against the plate 34, as shown in FIGURE 2.” Column 3, Lines 60-75).
Yet, does not expressly disclose the configuration of the power cord “that runs at least partially along the length of the fluid delivery tube to terminate in an outlet prong connector”.
Bloom teaches the configuration of a patient respiratory mask (Figures 1) having a mask portion (10, “In a form of the invention chosen for the purpose of illustration, there is shown a pilot's breathing mask apparatus comprising an oronasal shell 10, provided with a face gasket seal 11 around the perimeter spaced from the shell by employment of a sponge rubber connection.” Column 2, Lines 50-60), a fluid delivery tube (32, “An extension 31 of substantially conventional form provides means for attaching an air hose or oxygen line 32 to the valve base.” Column 3, Lines 1-15); and a microphone (28, “A unit consisting of a valve housing 25, a valve base 26, a bracket 27, and a -microphone 28 are interconnected as a single piece for manipulation in connection with the oronasal shell.” Column 3, Lines 1-10) disposed on a coupler (18, best seen Figure 2, “Affixed in the opening is an- annular mounting ring assembly, indicated generally by the reference character 18.” Column 2, Line 55 thru Column 3, Line 5) between the mask portion (10) and the fluid delivery tube (32).
Regarding the remaining limitations, Bloom teaches the configuration of a power cord (51, “Microphone leads 51 may be held in position adjacent the air hose and arc shown provided with an attachment 52 to the valve base 26.” Column 3, Lines 60-65) that runs at least partially along the length (best seen Figure 1) of the fluid delivery tube (32) to terminate in an outlet prong connector (52, “an attachment 52 to the valve base 26.” Column 3, Lines 60-65).
Bloom teaches the benefit of this unitary construction to enable “all of the breathing and electrical equipment can be checked together and their effectiveness made certain in advance of flight time.” (Column 1, Lines 55-70).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the construction of the power cord for the microphone of Berman to run along the length of the fluid delivery tube, as taught by Bloom to provide a unitary construction so that “all of the breathing and electrical equipment can be checked together”.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Palmer et al. (2015/0217143) in view of Harkins et al. (2006/0286933).
As to Claim 2, Palmer discloses the features of a microphone (60/80) disposed on the coupler (10), wherein the microphone (60/80) is configured to interface with an external wireless speaker (88, “Each of the aforementioned components 72, 74, 76, 78, 84 can be communicatively coupled to a microcontroller 86 which can be communicatively coupled to a wireless radio 88.” Para 0049) to relay speech from the interior patient air space (“over the user's mouth and nose”) to the external wireless speaker (88).
Yet, does not expressly disclose the condition of the microphone to be “wireless, noise cancelling”.
Harkins teaches a patient respiratory mask (Figures 1 and 4-6), comprising a mask portion (22, “The face mask 14 illustrated herein is a conventional SCBA device that includes a pliable main body 22 that covers the firefighter's mouth and nose.” Para 0023); a fluid delivery tube (via 24 to 26 and 27, “The main body 22 is attached to a supply of air 24, typically a tank worn on the firefighter's back, with an appropriate high pressure regulator 26 and face mask 14 includes a low pressure regulator 27. Typically, the high pressure regulator 26 and low pressure regulator 27 are designed to maintain a positive air pressure within the mask so that the firefighter 12 has a continuous supply of fresh air.” Para 0023); and microphone (30, “The communication system 10 includes a microphone 30 that as described below is a wireless, voice activated and short range microphone, and a transceiver 60, which in the embodiment shown in FIG. 1 is embodied as an earphone-type device worn attached to the ear of firefighter 12.” Para 0024; “Microphone 30 is, in the illustrated embodiment, a voice activated, wireless microphone that utilizes active noise cancellation protocols. It is at times referred to herein as transmitter 30.” Para 0025; “Microphone 30 is small enough so that it is held in proximity to the mouth of firefighter 12, but does not interfere with the firefighter's normal activity or speaking. The microphone may be mounted in any appropriate position within the interior of the face mask. With reference to FIG. 2, microphone 30 is shown in an exploded view to detail its components, which include the microphone 32, a power supply 34 such as a battery, and an activation switch 36. Microphone 30 and battery 34 are received and mounted in a mounting housing 38, which is attached to the interior surface of main body 22 of the face mask 14. Housing 38 is sized to receive microphone 30 and battery 34, and also a biasing member such as a spring 40 that is interposed between the battery 34 and a base plate 42. Housing 38 preferably is a pliable material that allows easy insertion and removal of microphone 30 and its component parts from the housing, for instance, when it is necessary to replace battery 34.” Para 0027) configured to interface with a communications system (10, “Turning now to the drawings, and with specific reference to FIG. 1, a communications system 10 is illustrated in one embodiment worn by a firefighter 12.” Para 0022; “The communication system 10 includes a microphone 30 that as described below is a wireless, voice activated and short range microphone, and a transceiver 60, which in the embodiment shown in FIG. 1 is embodied as an earphone-type device worn attached to the ear of firefighter 12. As described below, the communications system 10 also may include optional sensors worn by firefighter 12, such as sensor 100. Each component will be described separately.” Para 0024; “ In one embodiment, communications system 10 incorporates noise cancellation protocols in the internal electronics in order to clarify spoken communications and minimize ambient environmental noise. As noted above, personnel using communications systems 10 often work in difficult and noisy conditions.” Para 0034) to pick up speech from the patient respiratory mask (Figures 1 and 4-6) for delivery to an additional communications component (61 via 60, “Transceiver 60 incorporates a speaker 61 so that communications may be heard by firefighter 12, and communications electronics that cooperate with microphone 30 to clarify voice communications and remove or cancel ambient noise.” Para 0031; “Regardless of how the transceiver 60 is mounted, as shown in FIG. 3, the transceiver preferably incorporates a speaker 61 that may be positioned in operational proximity to the user's ear, a receiver 72, a short range transmitter or microphone 74, a power supply 76 and an on/off switch 78. In the illustrated embodiment, on/off switch 78 is a switch of the same type described above with reference to the plug 44 that acts as the switch for microphone 30.” Para 0033).
Regarding the remaining limitations of the claims, Harkins teaches the configuration of the microphone (30) to be wireless (“Microphone 30 is, in the illustrated embodiment, a voice activated, wireless microphone that utilizes active noise cancellation protocols. It is at times referred to herein as transmitter 30.” Para 0025; “The communication system 10 includes a microphone 30 that as described below is a wireless, voice activated and short range microphone, and a transceiver 60, which in the embodiment shown in FIG. 1 is embodied as an earphone-type device worn attached to the ear of firefighter 12.” Para 0024; “Because the microphone is a wireless device, there are no wires or other communications devices that penetrate the body of face mask 14 that could compromise the integrity of the gas-tight seal between the mask and the user's face.” Para 0026; “As noted, microphone 30 is in a preferred embodiment a voice activated, wireless transmitter that converts voice communication using digital signal processing into a digital signal that is transmitted to one or more other wireless short range frequency transceivers that are worn by individuals in a working group.” Para 0030; “As with the microphone 30, the transmitter 74 in transceiver 76 is a wireless transmitter that converts voice communication using digital signal processing into a digital signal that is transmitted to one or more other wireless short range frequency transceivers that are worn by individuals in a working group.” Para 0033) and have noise cancellation properties (“Microphone 30 is, in the illustrated embodiment, a voice activated, wireless microphone that utilizes active noise cancellation protocols. It is at times referred to herein as transmitter 30.” Para 0025; also see: “Transceiver 60 incorporates a speaker 61 so that communications may be heard by firefighter 12, and communications electronics that cooperate with microphone 30 to clarify voice communications and remove or cancel ambient noise.” Para 0031; “ In one embodiment, communications system 10 incorporates noise cancellation protocols in the internal electronics in order to clarify spoken communications and minimize ambient environmental noise. As noted above, personnel using communications systems 10 often work in difficult and noisy conditions. Moreover, respiration equipment itself creates noise as compressed air rushes through the regulator into the face mask when a breath is drawn. Regulator noise is usually louder than the spoken word, and as such, simple voice activation switches may be ineffective. Signal processing can alleviate environmental noise such as the noise from a respirator through volume level cancellation. Relative thresholding of the sound received by the microphone within the mask can cancel the respirator noise. Removal of the respirator noise can also occur through signal processing the frequency of the sound of the respirator.” Para 0034; “More specifically, prior to transmitting the digital signals representing voice communications, the signal is processed to clarify the voice and remove ambient noise. The ambient noise cancellation preferably incorporates a secondary microphone such as microphone 74 located outside the face mask 14, which is the originating point for the noise or sound that is to be cancelled. In one preferred embodiment, the secondary microphone 74 is located on transceiver 60, which thus acts as both a receiver of other digitized voices from other transmitters in the wireless network. Noise cancellation may be accomplished according to any one of several protocols. In a first embodiment, the noise cancellation is accomplished with electronics carried in the housing for transceiver 60. In this system, signals from microphone 30 are transmitted to transceiver 60 and are processed to cancel ambient noise in the microphone carried in transceiver 60.” Para 0035; “Signal processing may also be used to perform noise cancellation. For example, the transceiver 60 may include circuitry that enables cancellation of noise in a predetermined frequency band that corresponds to an expected noise--such as the frequencies that are typical of the sound of air rushing into the face mask 14.” Para 0037).
The resultant effect is the ability to permit the transmission of short range communication between users (Abstract).
Therefore it would have been obvious to one having ordinary skill in the art to modify the microphone of Palmer to be wireless and have noise cancellation, as taught by Harkins to enable effective short range communication between users.
Claims 6, 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Palmer et al. (2015/0217143) in view of Katayama (2007/0043304).
As to Claims 6, 10, and 14, Palmer discloses a communications system (88/401); yet, does not expressly disclose a personal assistant, with the personal assistant responding to or accepting commands from the delivered speech.
Katayama teaches a patient interface (1A/1B, “In one embodiment of the invention, two biological information sensor modules 1 as described above (for the sake of simplicity, one of the sensor modules is marked as "1A", and the other sensor module is marked as "1B") are attached one to the right side of the subject body and the other to the left side of the subject body.” Para 0059) transmitting signals to a personal assistant (33, best seen Figures 12 and 13, “A personal digital assistance (PDA) 33 may be used in place of the host computer 29 as shown in FIG. 12, or connected parallel to the host computer 29 as shown in FIG. 9. This PDA 33 can be carried and handled by anyone of the subject being monitored, subject's family, care personnel, physician and nurse. Even the easy-to-use PDA can perform all or part of the functions of the aforementioned host computer 29 at various places by being operated by the subject being monitored, subject's fully and others, but also in this case, it is desirable to authenticate the ID and/or password of an accessor to the communication network.” Para 0082; “As the first use application of the monitoring system of the invention, it may be applied for detecting the biological information such as the body temperature, heartbeat, blood pressure and pulse of the subject to be monitored, to make a diagnosis of physical abnormalities. The diagnosis is applicable to not only a subject suspected with any physical abnormality, but also a healthy person. Furthermore, the monitoring system of the invention is suitable for preventive medical care to enable early recognition and treatment in prompt response to occurrence of the physical abnormality which is detected through the biological observation conducted continuously over a long period of time by use of the monitoring system of the invention. The use application of monitoring the latter healthy person makes a contribution especially to an elderly people who are living alone or a handicapped person. For example, on occasions when such a subject to be monitored encounters any abnormalities or difficulties with which the subject alone cannot cope, the abnormalities or difficulties can be promptly reported to the physician, nurse, subject's family or care personnel through the medium of the host computer 29, PDA 33 and/or cell phone 34 as described above.” Para 0087) whereby the personal assistant (33) responds to signals from the patient interface (1A/1B) in order to “the monitoring system of the invention is suitable for preventive medical care to enable early recognition and treatment in prompt response to occurrence of the physical abnormality which is detected” and to enable “abnormalities or difficulties can be promptly reported to the physician, nurse, subject's family or care personnel through the medium of the host computer 29, PDA 33 and/or cell phone 34” (Para 0087).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the patient interface of Palmer to include the use of a personal assistant, as taught by Katayama to “enable early recognition and treatment in prompt response to occurrence of the physical abnormality which is detected” and to enable “abnormalities or difficulties can be promptly reported to the physician, nurse, subject's family or care personnel through the medium of the host computer 29, PDA 33 and/or cell phone 34”.
Claims 7, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Palmer et al. (2015/0217143) in view of Henry et al. (2015/0224268).
As to Claims 7, 11, and 15, Palmer discloses a battery (90, “ The in-line accessory 10 can also include a battery 90, a DC-DC step down power supply 92 for the sensors, a DC-DC power supply and/or battery charger 94, and optionally an energy harvester 96. The battery 90 can power the microcontroller 86 and the wireless radio 88 and the various components 72, 74, 76, 78, 84 via the DC-DC step down power supply 92. The DC-DC power supply and/or battery charger 94 can charge the battery 90 from an external power source as well as from the energy harvester 96 which can be solar, thermoelectric, piezoelectric, RF, etc.” Para 0052; “Also, the in-line accessory 10 can include wireless connectivity and on-board power via a battery or the like.” Para 0025; “Alternatively, the in-line accessory can be cordless with wireless connectivity and on-board power (battery).” Para 0040) to provide power to the microphone (60/80), wherein the coupler (10) includes a display (“heads up display” Para 0022; “Heads Up Display (HUD)” Para 0027; “The in-line accessory 10 could also have the capability to display relevant information or warnings to the user 22 and transmit information to command staff or other users, if appropriate.” Para 0045; “The in-line accessory 10 can include a heads-up display 70 … ” Para 0046) to communicate information or warnings to the user.
Yet, does not expressly disclose the use of a “battery life indicator” or “battery life limiter”.
Henry teaches a patient interface (500, “FIG. 5 illustrates a block diagram of an apparatus 500 that may be implemented on a charging accessory device 304 in accordance with some example embodiments of the present disclosure.” Para 0086; “In some example embodiments, the apparatus 500 may include processing circuitry 510 that is configurable to perform and/or control performance of functions of the charging accessory device 304 in accordance with one or more example embodiments disclosed herein.” Para 0087; “In some embodiments, the apparatus 500 or a portion(s) or component(s) thereof, such as the processing circuitry 510, may include one or more chipsets, which may each include one or more chips. The processing circuitry 510 and/or one or more further components of the apparatus 500 may therefore, in some instances, be configured to implement an embodiment on a chipset.” Para 0088; “In this regard, the memory 514 may be configured to store information, data, applications, instructions and/or the like for enabling the apparatus 500 to carry out various functions of the charging accessory device 304 in accordance with one or more example embodiments. For example, in some embodiments, memory 514 may be configured to at least temporarily store usage data, diagnostic data, and/or other data that may be collected from the aerosol delivery device 302. In some embodiments, the memory 514 may be in communication with one or more of the processor 512, user interface 516, or communication interface 518 via a bus (or buses) for passing information among components of the apparatus 500.” Para 0091; “In some example embodiments, the apparatus 500 may further include the user interface 516. The user interface 516 may be in communication with the processing circuitry 510 to receive an indication of a user input and/or to provide an audible, visual, mechanical, or other output to a user. As such, the user interface 516 may include, for example, a keyboard, a display, a touch screen display, a microphone, a speaker, one or more indicator lights, and/or other input/output mechanisms. For example, the user interface 516 may comprise a display, one or more LEDs, and/or other output mechanisms that may be configured to indicate a charge level, charging status, and/or charging progress for one or more of the battery 312 or power storage device 322.” Para 0092; “The apparatus 500 may further include a communication interface 518. The communication interface 518 may enable the apparatus 500 to communicate with one or more further computing devices 520, either directly, or via a network 522.” Para 0093) having a microphone (“microphone” Para 0092) and battery (312, “battery 312” Para 0092), wherein the battery life (“a charge level, charging status, and/or charging progress” Para 0092; “In some example embodiments, the charging accessory device 302 may be configured to determine and provide an indication of a charge level of the battery 312 when the aerosol delivery device 302 (or portion thereof including the battery 312) is in a receptacle of the charging accessory device 302.” Para 0057; “In some example embodiments, the charging accessory device 304 may include one or more indicators, such as one or more LED indicators, a graphic display, and/or other user interface element, such as may be provided by the user interface 516 illustrated in and described further herein below with respect to FIG. 5, that may be used to indicate charging status and/or charging progress for the battery 312 and/or power storage device 322. For example, in some embodiments, the charging accessory may include a status indicator(s) that may be used to indicate whether the battery 312 is being charged (e.g., with power from the power storage device 322). … As another example, in some embodiments, such as that illustrated in FIG. 4, the charging accessory device 304 may include a battery charge level indicator that may indicate a charge level of the battery 312 and/or a charge level indicator that may indicate a charge level of the power storage device 322.” Para 0063; and “It will be appreciated that such configuration update may include an adjustment to any adjustable configuration of the aerosol delivery device 302, such as by way of example, a heating profile configuration, a configuration for operation of one or more LEDs and/or other user interface element(s) that may be implemented on the aerosol delivery device 302, an amount of aerosol precursor vaporized per puff, a configuration relating to charging of the battery 312, a configuration regulating consumption of the battery 312, and/or the like.” Para 0121) is displayed to convey information to the user of the amount of power available to operate the patient interface.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the display of Palmer to include a battery life indicator, as taught by Henry to be a known feature in medical devices to provide a warning/notification/indication to the patient of the amount of power available to operate the patient interface.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Palmer et al. (2015/0217143) in view of Smith (2013/0112195).
As to Claim 9, Palmer discloses a switching or bridging component (“digital signal processors” Para 0057) configured to switch or bridge output signals directed to the external wireless speaker (88, “Each of the aforementioned components 72, 74, 76, 78, 84 can be communicatively coupled to a microcontroller 86 which can be communicatively coupled to a wireless radio 88.” Para 0049) to one or a plurality of communication devices (401, “The cable connection 24 terminates in a radio 401 which can be located on or held by the user. This is shown in FIG. 4. The cable connection 24 serves as a communications link between the in-line device and the radio 401.” Para 0041) to relay speech from the interior patient airspace (“over the user's mouth and nose”) to the communications device (401).
Yet, should Applicant respectfully disagree, Primary Examiner presents Smith which explicitly recites the features by which the signals are encoded and decoded from analog to digital by the use of digital signal processors was known. Smith teaches “A typical mobile transceiver device 1500 also includes a sound encoding/decoding (CODEC) circuit 1512 which digitizes sound received from a microphone into data packets suitable for wireless transmission and decodes received sound data packets to generate analog signals that are provided to the speaker 1506 to generate sound. Also, one or more of the processor 1501, transceivers 1510, and CODEC 1512 may include a digital signal processor (DSP) circuit (not shown separately). The mobile transceiver device 1500 may further include a Peanut.RTM. or a ZigBee.RTM. transceiver (i.e., an IEEE 802.15.4 transceiver) 1514 for low-power short-range communications between wireless devices, or other similar communication circuitry (e.g., circuitry implementing the Bluetooth.RTM. or WiFi protocols, etc.).” Para 0096).
Therefore, it would have been obvious to modify the distal signal processor of Palmer to expressly include the features of encoded and decoded from analog to digital to permit the processing of speech from the microphone to the speaker, as taught by Smith.
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.
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Claims 1, 3, and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 10,857,399.
Although the claims at issue are not identical, they are not patentably distinct from each other because instant independent claims, Claims 1 and 8, are merely broader than patent claim, Claim 2. It is clear all of the elements of the instant claims are found in the patent claims. The difference lies in the fact that the patent claims include many more elements and is thus much more specific. Thus the invention of the patent claims is in effect a “species” of the “generic” invention of the instant claims. It has been held that the “generic” invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the instant claims are anticipated by the patent claims, they are not patentably distinct from the patent claims.
Instant Claims – 18664739
Patent Claims - 10,857,399
1. A patient respiratory mask, comprising:
a mask portion configured to define an interior patient airspace;
a fluid delivery tube configured to provide fluid gas to the interior patient airspace; and
a microphone disposed on or in a coupler between the mask portion and the fluid delivery tube portion, the microphone configured to interface with
a communications system configured to pick up speech from the patient mask for delivery to an additional communications component.
1. A device for communications with a respiratory mask user, the device comprising:
a microphone, the microphone configured to pick up speech from the respiratory mask user; a coupler, the coupler configured to couple the microphone with a respiratory mask, the respiratory mask comprising:
a mask portion, wherein the mask portion comprises a mask inlet; and
a fluid delivery tube; wherein the coupler comprises a tube, wherein the tube defines an interior fluid airspace configured for traversal of bulk air flow between the mask portion and the fluid supply tube, the coupler tube comprising: a fluid supply tube side, the fluid supply tube side configured for direct attachment to the fluid supply tube; and a mask inlet side, the mask inlet side configured for attachment to the mask inlet; and a housing, the housing comprising:
the microphone, wherein the microphone is positioned in close proximity to the interior fluid airspace of the coupler tube, and wherein the microphone is isolated from fluid communication with the interior fluid airspace of the coupler tube; a power supply or a port to connect to a power supply; and a speaker.
AND
2. The device of claim 1, wherein the housing comprises a processor, a communications device, and/or a port.
3. A patient respiratory mask in accordance with claim 1, wherein the coupler further includes a speaker in communication with the microphone.
Excerpt from Claim 1:
“… a speaker …”
8. A patent communications system for a respiratory mask, comprising:
a mask having a mask portion configured to define an interior patient airspace;
a fluid delivery tube configured to provide fluid gas to the interior patient airspace; and
a microphone disposed on or in a coupler between the mask portion and the fluid delivery tube portion, the microphone configured to interface with
a processor of a communications system configured to pick up speech from the patient mask for delivery to an additional communications component.
1. A device for communications with a respiratory mask user, the device comprising:
a microphone, the microphone configured to pick up speech from the respiratory mask user; a coupler, the coupler configured to couple the microphone with a respiratory mask, the respiratory mask comprising:
a mask portion, wherein the mask portion comprises a mask inlet; and
a fluid delivery tube; wherein the coupler comprises a tube, wherein the tube defines an interior fluid airspace configured for traversal of bulk air flow between the mask portion and the fluid supply tube, the coupler tube comprising: a fluid supply tube side, the fluid supply tube side configured for direct attachment to the fluid supply tube; and a mask inlet side, the mask inlet side configured for attachment to the mask inlet; and a housing, the housing comprising:
the microphone, wherein the microphone is positioned in close proximity to the interior fluid airspace of the coupler tube, and wherein the microphone is isolated from fluid communication with the interior fluid airspace of the coupler tube; a power supply or a port to connect to a power supply; and a speaker.
AND
2. The device of claim 1, wherein the housing comprises a processor, a communications device, and/or a port.
Claims 1-4 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 9, 10, 12, 16, and 20 of U.S. Patent No. 11,771,929.
Although the claims at issue are not identical, they are not patentably distinct from each other because instant independent claims, Claims 1 and 8, are merely broader than patent claim, Claim 1, 9, and 16. It is clear all of the elements of the instant claims are found in the patent claims. The difference lies in the fact that the patent claims include many more elements and is thus much more specific. Thus the invention of the patent claims is in effect a “species” of the “generic” invention of the instant claims. It has been held that the “generic” invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the instant claims are anticipated by the patent claims, they are not patentably distinct from the patent claims.
Instant Claims – 18664739
Patent Claims - 11,771,929
1. A patient respiratory mask, comprising: a mask portion configured to define an interior patient airspace; a fluid delivery tube configured to provide fluid gas to the interior patient airspace; and a microphone disposed on or in a coupler between the mask portion and the fluid delivery tube portion, the microphone configured to interface with a communications system configured to pick up speech from the patient mask for delivery to an additional communications component.
1. A patient respiratory mask, comprising: a mask portion defining an interior airspace, the mask portion comprising an inlet to the interior airspace; a fluid delivery tube in fluid communication with the interior airspace to provide positive air pressure from a positive air pressure device when connected with the fluid delivery tube; a coupler between the inlet of the mask portion and the fluid delivery tube, the fluid delivery tube connecting with a portion of the coupler substantially below the inlet to the interior airspace of the mask portion; and a housing protruding at least partially from the coupler, the housing including a microphone and a speaker arranged at opposing portions of the housing, with the speaker being arranged in a portion of the housing protruding from the coupler, the housing including a microphone tube extending at least partially into the interior airspace of the mask portion to position the microphone within the interior airspace, to pick up speech from the patient; the microphone being operatively connected to the speaker by one or more of: an equalization component including an analog to digital converter and a digital signal processor; and a sound output component including a digital to analog converter, to amplify the speech of the patient over the speaker.
AND
9. A patient respiratory mask, comprising: a mask portion defining an interior airspace, the mask portion comprising an inlet to the interior airspace; a fluid delivery tube in fluid communication with the interior airspace to provide positive air pressure from a positive air pressure device when connected with the fluid delivery tube; a coupler between the inlet of the mask portion and the fluid delivery tube, the fluid delivery tube connecting with a portion of the coupler substantially below the inlet to the interior airspace of the mask portion; a microphone provided through a portion of the coupler, wherein the microphone is positioned within the interior airspace when provided through the coupler to pick up speech from the patient; and a speaker operatively connected with the microphone to amplify the speech of the patient; wherein the microphone and speaker are arranged in a housing provided through a portion of the coupler, wherein the microphone and speaker are arranged at opposing-portions of the respective housing, with the speaker arranged in a portion of the housing protruding at least partially from the coupler, and wherein the microphone is operatively connected to one or more of: an equalization component including an analog to digital converter and a digital signal processor; and a sound output component including a digital to analog converter, to amplify the speech of the patient over the speaker.
AND
16. A communications system, comprising: a respiratory mask for wearing by a patient, the respiratory mask comprising: a mask portion defining an interior airspace, the mask portion comprising an inlet to the interior airspace; a fluid delivery tube coupled with the inlet by a coupler, the fluid delivery tube connecting with a portion of the coupler substantially below the inlet to the interior airspace of the mask portion, whereby the fluid delivery tube is in fluid communication with the interior airspace to provide positive air pressure from a positive air pressure device connected with the fluid delivery tube; a housing, the housing comprising: a microphone, and a speaker operatively connected with the microphone by a wired connection, the housing enclosing the microphone and speaker, the microphone and speaker arranged at opposing portions of the housing, wherein the microphone is provided within a tubular portion of the housing extending at least partially into the interior airspace of the mask portion to position the microphone in close proximity to the patient's mouth, and wherein the tubular portion of the housing is provided through a portion of the coupler; and a processor controlling one or more aspects of the system, wherein the processor is connected with the housing by a cord securable to the fluid delivery tube, wherein a first end of the cord is connected with the housing and a second end of the cord is connected with the processor remote from the mask portion.
2. A patient respiratory mask in accordance with claim 1, wherein the microphone is a wireless, noise-cancelling microphone disposed on or in the coupler, the microphone configured to interface with an external wireless speaker or a wireless communications device configured to relay speech from the interior patient airspace to the speaker or wireless communications device.
12. The patient respiratory mask of claim 9, further comprising a processor controlling one or more aspects of the patient respiratory mask including one or more of: speaker or communications device mode, noise filtering/canceling or processing parameters, microphone parameters, wireless connections to external devices, and monitoring for new external devices in range.
AND
20. The system of claim 16, wherein the one or more aspects of the system controlled by the processor include one or more of: speaker or communications device mode, noise filtering/canceling or processing parameters, microphone parameters, wireless connections to external devices, and monitoring for new external devices in range.
3. A patient respiratory mask in accordance with claim 1, wherein the coupler further includes a speaker in communication with the microphone.
Excerpt of Claim 1: “a housing protruding at least partially from the coupler… the microphone being operatively connected to the speaker”
AND
Excerpt of Claim 9:
“wherein the microphone and speaker are arranged in a housing provided through a portion of the coupler, wherein the microphone and speaker are arranged at opposing-portions of the respective housing, with the speaker arranged in a portion of the housing protruding at least partially from the coupler,”
AND
Excerpt Claim 16:
“a housing, the housing comprising: a microphone, and a speaker operatively connected with the microphone by a wired connection, the housing enclosing the microphone and speaker, the microphone and speaker arranged at opposing portions of the housing, wherein the microphone is provided within a tubular portion of the housing extending at least partially into the interior airspace of the mask portion to position the microphone in close proximity to the patient's mouth, and wherein the tubular portion of the housing is provided through a portion of the coupler”
4. A patient respiratory mask in accordance with claim 1, wherein said microphone is wired to a speaker.
4. The patient respiratory mask of claim 1, wherein the microphone is operatively connected to the speaker by a wired connection.
AND
10. The patient respiratory mask of claim 9, wherein the microphone and speaker are operatively connected by a wired connection.
AND
Excerpt Claim 16:
“a microphone, and a speaker operatively connected with the microphone by a wired connection, the housing enclosing the microphone and speaker,”
8. A patent communications system for a respiratory mask, comprising: a mask having a mask portion configured to define an interior patient airspace; a fluid delivery tube configured to provide fluid gas to the interior patient airspace; and a microphone disposed on or in a coupler between the mask portion and the fluid delivery tube portion, the microphone configured to interface with a processor of a communications system configured to pick up speech from the patient mask for delivery to an additional communications component.
1. A patient respiratory mask, comprising: a mask portion defining an interior airspace, the mask portion comprising an inlet to the interior airspace; a fluid delivery tube in fluid communication with the interior airspace to provide positive air pressure from a positive air pressure device when connected with the fluid delivery tube; a coupler between the inlet of the mask portion and the fluid delivery tube, the fluid delivery tube connecting with a portion of the coupler substantially below the inlet to the interior airspace of the mask portion; and a housing protruding at least partially from the coupler, the housing including a microphone and a speaker arranged at opposing portions of the housing, with the speaker being arranged in a portion of the housing protruding from the coupler, the housing including a microphone tube extending at least partially into the interior airspace of the mask portion to position the microphone within the interior airspace, to pick up speech from the patient; the microphone being operatively connected to the speaker by one or more of: an equalization component including an analog to digital converter and a digital signal processor; and a sound output component including a digital to analog converter, to amplify the speech of the patient over the speaker.
AND
9. A patient respiratory mask, comprising: a mask portion defining an interior airspace, the mask portion comprising an inlet to the interior airspace; a fluid delivery tube in fluid communication with the interior airspace to provide positive air pressure from a positive air pressure device when connected with the fluid delivery tube; a coupler between the inlet of the mask portion and the fluid delivery tube, the fluid delivery tube connecting with a portion of the coupler substantially below the inlet to the interior airspace of the mask portion; a microphone provided through a portion of the coupler, wherein the microphone is positioned within the interior airspace when provided through the coupler to pick up speech from the patient; and a speaker operatively connected with the microphone to amplify the speech of the patient; wherein the microphone and speaker are arranged in a housing provided through a portion of the coupler, wherein the microphone and speaker are arranged at opposing-portions of the respective housing, with the speaker arranged in a portion of the housing protruding at least partially from the coupler, and wherein the microphone is operatively connected to one or more of: an equalization component including an analog to digital converter and a digital signal processor; and a sound output component including a digital to analog converter, to amplify the speech of the patient over the speaker.
AND
16. A communications system, comprising: a respiratory mask for wearing by a patient, the respiratory mask comprising: a mask portion defining an interior airspace, the mask portion comprising an inlet to the interior airspace; a fluid delivery tube coupled with the inlet by a coupler, the fluid delivery tube connecting with a portion of the coupler substantially below the inlet to the interior airspace of the mask portion, whereby the fluid delivery tube is in fluid communication with the interior airspace to provide positive air pressure from a positive air pressure device connected with the fluid delivery tube; a housing, the housing comprising: a microphone, and a speaker operatively connected with the microphone by a wired connection, the housing enclosing the microphone and speaker, the microphone and speaker arranged at opposing portions of the housing, wherein the microphone is provided within a tubular portion of the housing extending at least partially into the interior airspace of the mask portion to position the microphone in close proximity to the patient's mouth, and wherein the tubular portion of the housing is provided through a portion of the coupler; and a processor controlling one or more aspects of the system, wherein the processor is connected with the housing by a cord securable to the fluid delivery tube, wherein a first end of the cord is connected with the housing and a second end of the cord is connected with the processor remote from the mask portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ricco (12,011,621) shares a common assignee/inventor with the instant application; however, at this time there does not appear to be any double patenting requirement necessitated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D 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.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
Prosecution Insights