DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the flexible material from which the continuous wall is formed" in lines 2-3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pattullo et al. (WO-2021234335 A1).
With respect to claim 1, Pattullo et al. discloses a wearable air purifier, comprising:
Headgear (12) for mounting on a wearer's head [Page 2], 4th paragraph, the present invention relates to a wearable air purifier, and a nozzle assembly for such a wearable air purifier],
a fan assembly (44) operable to generate a filtered airflow, and
a nozzle (100) for directing airflow from the fan assembly,
the nozzle being couplable to the headgear at opposite sides of the wearer's head to extend across a front of the wearer's head [Page 7],6th paragraph, the nozzle assembly 100 extends in front of a mouth and lower nasal region of the face of the wearer, without contacting the face of the wearer];
wherein the nozzle comprises side portions (110, 112, fig.4) located on respective sides of a central portion or midsection (102, fig.4) between the central portion and a respective point of coupling of the nozzle to the headgear (as shown in fig.4), the side portions being more flexible than the central portion [Page 8], 3rd paragraph, Figure 7a, the second end section 112 is shown connected to the midsection 102 by both a hinge 104 and a bellows portion 105. The hinge 104 allows rotation of the midsection 102 relative to the second end section 112, whilst the bellows portion 105 is formed of a relatively flexible material and is able to expand and contract in response to rotation about the hinge 104]. Note: the combination of the hinge and the bellow would render the side portions being more flexible than the central portion.
Allowable Subject Matter
Claims 2, 4-9 and 32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 10, 21-23, 25-30 and 33 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The closest prior art drawn to Pattullo et al. fails to show or make obvious the claimed combinations of elements particularly the limitations as set forth in claims 2, 4-10, 21-23, 25-30 which recite features not taught or suggested by the prior art drawn to Pattullo et al., in combination with the other elements (or steps) of the apparatus and method recited in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 5712703076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786
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