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 .
A power of attorney is on file for this application, received 11/23/24.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
Claim 1: delete “in” in line 6 and insert --an-- in the last line of the claim to recite --based on an electrical parameter of the conductor….--,
Claim 12: insert --element-- after “second attachment” in line 11.
Appropriate correction 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.
Claim 5 is rejected under 35 U.S.C. 112(b) 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 5 lacks antecedent basis for “the operational characteristic of the helmet”.
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.
Claims 1-11 are rejected under 35 U.S.C. 102a(1) as being anticipated by Ulmer et al. (Ulmer, U.S. 11,197,507). Ulmer discloses the invention as claimed. Ulmer teaches a surgical apparel system 30 comprising: a helmet 32 comprising: a ventilation assembly 94; a controller 88 electrically connected to the ventilation assembly 94 (controller regulates actuation of the electrically powered assembly/fan); and a first helmet terminal 64a and a second helmet terminal 64b, each of the first and second helmet terminals in electrically connected to the controller 88; a surgical garment 102 configured to be at least partially disposed over the helmet 32, the surgical garment 102 comprising: a transparent face shield 110; a surgical fabric 104 coupled to the transparent face shield 110, the surgical fabric having a first fabric property (e.g. porosity); a first garment terminal 148a and a second garment terminal 148b; a conductor 82 forming an electrical connection between the first and second garment terminals 148a,b; wherein each of the first and second garment terminals 148a,b configured to removably engage the first and second helmet terminals 64a,b to form a circuit between the helmet 32 and the surgical garment 102 (Col.10, lines 21-31 “As a consequence of the magnets 64a, 64b, 64c and 148a, 148b, 148c being placed in contact with each other and the material from which the magnets are made, an electrical connection is made between each pair of abutting magnets….This means that as a consequence of the releasably attaching the garment 102 to the helmet, electrical connections are made from buttons 120 and 134, over conductors 124, 128, and 144, magnets 148, magnets 64 and conductors 82, to the detector 85”); a sensor 85 in communication with the controller 88 (In one version of the invention the PCF8833 Touch/Proximity Sensor available form NXP Semiconductor of Eindhoven Netherlands functions as the detector 85 as in col.8, lines 17-19), the sensor 85 configured to detect an electrical parameter of the conductor 82 associated with the first and second garment terminals 148a,b; wherein the controller 88 is configured to control an operational characteristic of the ventilation assembly 94 based on electrical parameter of the conductor 82 detected by the sensor 85.
For claim 2, the sensor 85 is configured to measure the electrical resistance across the conductor 82; wherein the conductor 82 defines a first electrical resistance when the circuit is closed (when the respective magnetic features of the garment/shield and helmet are connected); and wherein the controller 88 is configured to control the operational characteristic of the ventilation assembly 94 based on the first electrical resistance in the circuit.
For claim 3, the first electrical resistance is correlated to the first fabric property (porosity) of the surgical fabric 104 of the surgical garment 102 such that the controller 88 is configured to control the operational characteristic of the ventilation assembly based on the first fabric property of the surgical fabric. Ulmer’s fabric is disclosed as having a filter over web 40 and the filter is formed from a non-woven propylene (col. 8, lines 48-52). If the fabric filter is relatively porous, this porosity allows air exchange into and from the garment and the minimum fan speed can be relatively low as the controller 88 applies the signals from the detector/sensor and battery 86 to the motor 92. If the surgical garment fabric has a less porous filter, the minimum fan speed would be set to a higher rate. See col.16, lines 34-44.
For claim 4, the surgical fabric 104 comprises a filter fabric, and the first fabric property comprises a filter efficiency rating for the filter fabric and the controller 88 is configured to control the operational characteristic of the ventilation assembly based on the filter efficiency rating of the surgical fabric as the rating is not a structural feature. Note that the filter fabric can be assessed and assigned a filter efficiency rating and the rating can be used to determine an operational characteristic of the ventilation assembly, such as fan speed, as the controller 88 responds to a change in capacitance caused by depression of button 120 or 134 by the wearer based on a lower or higher filter efficiency rating.
For claim 5, as best understood, the first electrical resistance is correlated to a characteristic of the surgical garment such that the controller 88 is configured to control the operational characteristic of the helmet based on the characteristic of the surgical garment. The first and second attachment elements 148a,b are configured to removably engage the first and second coupling members 64a,b of the helmet 32 to form a circuit between the helmet 32 and the surgical garment 102; wherein the controller 88 is configured to control an operational characteristic of the helmet’s ventilation assembly 94 based on the resistance of the conductor 82 when the circuit between the helmet and the surgical garment is closed as the respective members and elements of the helmet and garment are connected.
For claim 6, the first and second garment terminals 148a,b are disposed on the transparent face shield 110; and wherein the conductor connecting the first and second garment terminals is formed on the transparent face shield 110.
For claim 7, the conductor 82 connecting the first and second garment terminals 148a,b comprises a conductive trace or a conductive layer conductor 82 connecting the first and second attachment elements 148a,b comprises a conductive trace 124 or a conductive layer as the conductors are sections of the same conductive traces that form buttons 120 and 134 and “as a consequence of releasably attaching the garment 102 to the helmet, electrical connections are made from buttons 120,134 over conductors 124,128 and 144, magnets 148, magnets 64 and conductors 82 to the detector 85.” Col.10, lines 21-31.
For claim 8, the conductor 82 connecting the first and second garment terminals 148a,b is a conductive trace, and the conductive trace is formed from a conductive ink (The conductive traces may be formed from graphene or silver based inks).
For claim 9, the conductor connecting the first and second garment terminals 148a,b comprises a trace formed from at least one of silver, carbon nanoparticles, or printable inks.
For claim 10, the sensor 85 is configured to detect a voltage across the conductor between the first and second garment terminals 148a,b when the first and second garment terminals of the surgical garment are coupled to the first and second garment terminals of the helmet-“as a consequence of releasably attaching the garment 102 to the helmet, electrical connections are made from buttons 120,134 over conductors 124,128 and 144, magnets 148, magnets 64 and conductors 82 to the detector 85.” Col.10, lines 21-31.
For claim 11, the conductor 82 connecting the first and second garment terminals 148a,b is a conductive trace, and a resistance of the conductive trace is determined by at least one of, a material of the conductive trace, a depth of the conductive trace, a width of the conductive trace, a length of the conductive trace, or a pattern/shape of the conductive trace as Ulmer teaches the thickness (considered equal to depth) of the trace can vary from 1 mm or less, preferably .5mm or less and a trace with a higher thickness and cross-sectional area allows more current to flow thereby reducing the resistance.
Claims 12, 13, and 17-19 are rejected under 35 U.S.C. 102a(1) as being anticipated by Ulmer et al. (Ulmer, U.S. 11,197,507). Ulmer discloses the invention as claimed. Ulmer teaches a surgical apparel system 30 comprising: a helmet 32 comprising: a ventilation assembly 94; a controller 88 electrically connected to the ventilation assembly 94; and a first coupling member 64a and a second coupling member 64b, each of the first and second coupling members formed from one of a ferromagnetic material or magnetic material; a surgical garment 102 configured to be at least partially disposed over the helmet 32, the surgical garment comprising: a transparent face shield 110; a surgical fabric 104 coupled to the transparent face shield; a first attachment element 148a and a second attachment 148b formed from the other of the magnetic material or ferromagnetic material; a conductor 82 forming an electrical connection between the first and second attachment elements, the conductor having/defining an electrical resistance; wherein the first and second attachment elements 148a,b configured to removably engage the first and second coupling members 64a,b of the helmet 32 to form a circuit between the helmet 32 and the surgical garment 102; wherein the controller 88 is configured to control an operational characteristic of the ventilation assembly 94 based on the resistance of the conductor 82 when the circuit between the helmet and the surgical garment is closed as the respective members and elements of the helmet and garment are connected.
For claim 13, Ulmer teaches the conductor 82 connecting the first and second attachment elements 148a,b comprises a conductive trace 124 or a conductive layer as the conductors are sections of the same conductive traces that form buttons 120 and 134 and “as a consequence of releasably attaching the garment 102 to the helmet, electrical connections are made from buttons 120,134 over conductors 124,128 and 144, magnets 148, magnets 64 and conductors 82 to the detector 85.” Col.10, lines 21-31.
For claim 17, the conductor 82 is configured to define the electrical resistance to provide a first ohm resistance; and wherein the first ohm resistance is correlated to the surgical fabric having a first filtration efficiency as the conductor applies signals to the detector 85 and determines when the characteristics of the signals across the conductors 82 change and those signals output by detector 85 are applied to controller 88 which sets the characteristics of the signals from the battery 86 to the motor driving the fan operation. Ulmer’s fabric is disclosed as having a filter over web 40 and the filter is formed from a non-woven propylene. The controller 88 configures the helmet for use with a particular surgical garment, as a base signal of the minimal speed for the fan motor is set and if the garment includes a filter that is relatively porous, the minimum fan speed can be relatively low applies the signals from battery 86 to the motor 92. If the surgical garment fabric has a less porous filter, the minimum fan speed would be set to a higher rate.
For claim 18, the conductor 82 is configured to define the electrical resistance to provide a second ohm resistance; and wherein the second ohm resistance is correlated to the surgical fabric having a second filtration efficiency-same reasoning applies as in the rejection of claim 17 as claim 18 depends from claim 13.
For claim 19, the conductor 82 is configured to define the electrical resistance to provide a third ohm resistance; and wherein the third ohm resistance is correlated to the surgical fabric having a third filtration efficiency- same reasoning applies as in the rejection of claim 17 as claim 19 depends from claim 13.
Claim 20 is rejected under 35 U.S.C. 102a(1) as being anticipated by Ulmer et al. (Ulmer, U.S. 11,197,507). Ulmer discloses the invention as claimed. Ulmer teaches a surgical garment 102 configured to be at least partially disposed over a helmet, the surgical garment 102 comprising a transparent face shield 110, a surgical fabric (garment includes fabric shell 104) coupled to the transparent face shield 110; a first attachment element 148a and a second attachment element 64a formed from one of a magnetic material or ferromagnetic material, the first and second attachment elements configured to removably couple the surgical garment 102 to the helmet 32 (“Garment 110 is releasably secured to the helmet by pressing each garment magnet 148a,148b,148c against, the complementary helmet magnet 64a, 64b, 64c, respectively” col.10, lines 17-20); a first conductor 124 forming an electrical connection between the first and second attachment elements (Col.10, lines 21-31 “As a consequence of the magnets 64a, 64b, 64c and 148a, 148b, 148c being placed in contact with each other and the material from which the magnets are made, an electrical connection is made between each pair of abutting magnets….This means that as a consequence of the releasably attaching the garment 102 to the helmet, electrical connections are made from buttons 120 and 134, over conductors 124, 128, and 144, magnets 148, magnets 64 and conductors 82, to the conductor 85”), the first conductor 124 comprising a first trace that is applied to the transparent face shield 110 (Col.9, lines 45-48 “The conductors 124, 128, 144..are sections of the same conductive traces that form the buttons 120 and 134.”); and wherein the first and second attachment elements 148a,64a with the first trace are configured to define a first circuit when coupled to the helmet 32, the first trace defining a first electrical resistance corresponding to a feature of the surgical garment 102.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ulmer ‘507. Ulmer discloses the invention substantially as claimed but doesn’t teach the resistance of the conductor is defined by a width of the conductive trace and the resistance of the conductor is defined by a thickness of the conductive trace or a number of conductive layers, and the resistance of the conductor is defined by a shape of the conductive trace. As known in the art, the width of a conductive trace is inversely proportional to its resistance in that a wider trace has lower resistance and a larger cross-sectional area which allows more current to flow, reducing the resistance, while a narrower trace has higher resistance. It is noted that Ulmer teaches the thickness of the conductive traces may be 1 mm or less and the conductive traces are formed and spaced so as to form a capacitor having a capacitance or resistance property such that the detector 85 is adapted to apply a signal across the conductive traces forming the at least one button. The width, thickness and shape of the conductive trace are considered as results effective variables as these values affect the trace’s cross-sectional area, with a larger area reducing resistance of the conductor and providing more efficient current flow. A reduced resistance is expected to result in more stable signals across the traces as well as a reduction in signal degradation and signal strength loss. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ulmer such that the resistance of the conductor is defined by the width of the conductive trace, the resistance of the conductor is defined by a thickness of the conductive trace of a number of conductive layers, and the resistance of the conductor is defined by a shape of the conductive trace as any of these properties could be optimized to affect an operational characteristic of the ventilation assembly by providing more stable signals, a reduction in signal strength loss and more efficient current flow.
Conclusion
Any inquiry concerning this communication or earlier communications should be directed to Primary Examiner Katherine Moran at (571) 272-4990 (phone). Please note that any internet communication directed to katherine.moran@uspto.gov requires prior submission of an Authorization for Internet Communications form (PTO/SB/439). The examiner can be reached on Monday-Thursday from 9:00 am to 6:00 pm, and alternating Fridays.If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Khoa Huynh, may be reached at (571) 272-4888. The official and after final fax number for the organization where this application is assigned is (571) 273-8300. General information regarding this application and
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/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732