DETAILED ACTION
1. This action is responsive to remarks filed 5/27/2026.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
4. Claims 1 and 3 have been amended.
Response to Arguments
5. Applicant’s arguments filed have been fully considered but are moot based on the new grounds of rejection.
Claim Rejections - 35 USC § 103
6. 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 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.
7. 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.
8. Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hui (WO 2004/100690) in view of Connor (2021/0339058) in further view of Teetzel et al (2007/0235030) in further view of Ikeuchi et al (2020/0357423).
Regarding claim 1 Hui teaches A head worn device configured to be worn by a user, the head worn device including at least one microphone and processing circuitry in communication with the at least one microphone, wherein the head worn device is a self-contained breathing apparatus (SCBA) mask having a mask body (fig 2A, 2b; pg 3-4 summary : signal processing is performed on the signals; a digital signal processor processes the audio signal generated by the microphones), the processing circuitry being configured to:
receive an audio signal detected by the at least one microphone, the audio signal representing the user's speech (page 3 summary 2nd para: a facemask communication system including a plurality of microphones within the inside compartment of the facemask for detecting sounds voiced by the wearer);
evaluate the received audio signal and determine at least one intent based on the received audio signal, the evaluating and determining being performed by the processing circuitry (pg 3-4 summary: signal processing is performed on the signals; a digital signal processor processes the audio signal generated by the microphones; pg 9 l. 20-30); and
perform at least one action based on the determined intent (fig 2a, 2b;
page 7 l 5: providing speech recognition functions for voice activation of command and control; pg 9 l. 20-30: to allow the signal processor…to recognize voiced sounds made by the wearer in order to perform automated functions; firefighter can issue a command; the command…would be recognized buy the speech recognition software of the signal processor and converted…into an action that would automatically supply..);
but does not specifically teach:
the processing circuitry is arranged within the mask body;
filter out noise caused by a purge procedure, a vibration alert (VIBRALERT), and/or an end of service time indicator (EOSTI) procedure or mode based on (i) a library of known sounds or noises and/or based on (ii) recorded noise, wherein under alternative (ii) the head worn device is further configured to identify and record the noise or sound generated by the purge mode, VIBRALERT mode, and/or EOSTI mode using the microphone;
evaluate the received audio signal and determine at least one intent based on the received audio signal, the evaluating and determining being performed by the processing circuitry.
Connor (2021/0339058) teaches the processing circuitry is arranged within the mask body (158: a smart mask can include speech recognition software and a screen which displays the words which the person wearing the mask speaks.- speech recognition software in mask with processing components allowing for the storage and use of software).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Connor for an improved system, allowing for components to be stored within the mask for speech recognition to be performed locally for decreased response time and increased user safety.
Teetzel teaches noise caused by a purge procedure, a vibration alert (VIBRALERT), and/or an end of service time indicator (EOSTI) procedure or mode (fig 3 126; 0002: SCBA; 0046: alert system; [0014] FIG. 13 illustrates an exemplary breathing hose according to a preferred embodiment having a vibrator alarm and purge valve.; 0068 Another optional feature of the system is to provide a user perceptible alert when the air pressure drops below a pre-selected pressure level (e.g., below 500 PSI). Such alert may be a visual or audible alarm or, more preferably, a vibrating mechanism that alerts the user ).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Teetzel to produce and identify the alerts that notify users of potentially dangerous situations.
Ikeuchi (2020/0357423) teaches filter out noise …based on (i) a library of known sounds or noises ([0082] In this aspect, the plurality of noise profiles of the gesture library may comprise pre-recorded noise signals of the robot performing the predefined gestures, and applying the noise profile to remove the robot noise may comprise mixing pre-recorded noise signals of the noise profile associated with the gesture out-of-phase with the incoming audio.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Ikeuchi to allow identified sounds to be removed for improved and cleaner audio.
Hui teaches The facemask 201 provides a reduced noise and hands free communication system…providing speech recognition functions for voice activation of command and control (Hui pg 7 l 2-5).
Hui already teaches a SCBA mask that performs speech recognition, and it would have been obvious to further incorporate Connor to allow the speech recognition to be performed locally for improved response time and increased user safety.
Hui also teaches noises within the facemask and problems that causes (pg 1 l 24-28), and adaptive filters to reduce unwanted sounds (pg 4 l 3-4).
SCBA masks and systems are known to have various alerts, and it would have been obvious to incorporate Teetzel to identify the alerts that notify users of potentially dangerous situations. Further, as the SCBA systems are known to have these alerts, it would have been obvious to incorporate Ikeuchi to allow those sounds to be stored and removed when needed. The incorporation of Teetzel with Ikeuchi would allow for additional noise removal, for cleaner speech/voice signals and improved speech recognition.
The incorporation of the references thus teaching:
the processing circuitry is arranged within the mask body;
filter out noise caused by a purge procedure, a vibration alert (VIBRALERT), and/or an end of service time indicator (EOSTI) procedure or mode based on (i) a library of known sounds or noises and/or based on (ii) recorded noise, wherein under alternative (ii) the head worn device is further configured to identify and record the noise or sound generated by the purge mode, VIBRALERT mode, and/or EOSTI mode using the microphone;
evaluate the received audio signal and determine at least one intent based on the received audio signal, the evaluating and determining being performed by the processing circuitry
Regarding claim 2 Hui teaches The head worn device of Claim 1, wherein the head worn device includes a mechanical barrier, the mechanical barrier defining a cavity including the at least one microphone and the user's mouth when head worn device is worn by user, the mechanical barrier being configured to attenuate noise originating from outside the cavity (figures 2A, 2B; page 3 summary 1st para: a plurality microphones are positioned within the mask; pg 4 summary 1st full para: facemask…covering the mouth of a wearer).
Regarding claim 3 Hui, Connor, Teetzel, and Ikeuchi teach A method implemented by a head worn device configured to be worn by a user, the head worn device including at least one microphone and processing circuitry in communication with the at least one microphone, the method including:
Integrating the processing circuitry into a self-contained breathing apparatus (SCBA) mask body;
receiving an audio signal detected by the at least one microphone, the audio signal representing the user's speech;
filtering out noise caused by a purge procedure, a vibration alert (VIBRALERT), and/or an end of service time indicator (EOSTI) procedure/mode based on (i) a library of known sounds/noises and/or based on (ii) recorded noise, wherein under alternative (ii) the method further including identifying and pre-recording, via the head worn device, the noise/sound generated by the purge mode, VIBRALERT mode, and/or EOSTI mode, using the microphone;
evaluating the received audio signal and determining at least one intent based on the received audio signal, the evaluating and determining being performed by the processing circuitry; and
performing at least one action based on the determined intent.
Claim recites limitations similar to claim 1 and is rejected for similar rationale and reasoning
Claim 4 recites limitations similar to claim 2 and is rejected for similar rationale and reasoning
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN A ROBERTS whose telephone number is (571)270-7541. The examiner can normally be reached Monday-Friday 9-5 EST.
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/SHAUN ROBERTS/Primary Examiner, Art Unit 2655
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