DETAILED ACTION
This is the first action in response to US Patent Application 19/072,851, filed 06 March, 2025, as a Continuation of [now-abandoned] US Patent Application No. 27/342,732, filed 15 April, 2021, and with a priority claim to provisional application 63/010,588, filed 15 April, 2020.
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 .
Status of the Claims
Claims 1-20 and 24-26 are cancelled. Claims 21-23 are pending.
The examiner finds that the three pending independent claims are clearly directed to three independent and distinct inventions. However, in view of the small number of claims and the brevity of the claims as currently presented, the examiner finds that there is not a serious search and examination associated with examining all three inventions. Therefore no restriction requirement is set forth at this time. The examiner reserves the right to require a restriction should future amendments to the claims present a serious examination burden; see MPEP 811 and 37 CFR 1.142(a), indicating that a restriction requirement may be made at any time before final action.
Claim Objections
Claim 22 is objected to for the following informality: the indefinite article “a” should be added before the recitation of the term “processor” at line 4 of claim 22.
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.
Claim 21 is rejected under 35 U.S.C. 102(a)(1&2) as being anticipated by Hunter et al. (US 2007/0102280 A1).
Regarding claim 21, Hunter teaches a face covering system (air supply apparatus—title) comprising:
a face covering (100) configured to at least partially cover a user's nose or mouth (face mask 100 fits over a person’s nose and mouth—[0068]); and
a UVC source (140) coupled to the face covering (face mask 100 connected to kill chamber 110 by tube 120—[0068]; the kill chamber 110 including a UV light source 140 mounted in the chamber 110—[0069]—which light source 140 may comprise an array of UV LEDs generating 260-265 nm light—[0070]), wherein the UVC source (140) is configured to selectively emit UVC radiation (microprocessor 146 activates and/or adjusts the intensity of some or all the UV LEDs based on an airflow through the chamber detected by flow meter 144—see [0072]) to reduce active pathogens in air proximal to the user's nose or mouth before the air is inhaled by the user (intake valve 122 of face mask 100 allows a person to inhale sterilized air from kill chamber 110—see [0068]—and the UV wavelengths emitted by UV light source 140 kill or render harmless biological contaminants including viruses, bacteria, and fungi—see [0070]; thus evident the light source 140 of kill chamber 110 reduces active pathogens in the air inhaled by the user).
Claim 21 is rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Roth (US 8,733,356 B1).
Regarding claim 21, Roth teaches A face covering system (germicidal protective mask with ultraviolet light emitting diodes) comprising:
a face covering configured to at least partially cover a user's nose or mouth (exterior section 18 positionable over the wearer’s face, comprising a forked free end 20 to form a passageway for the flow of air into the wearer’s mouth—column 4, lines 43-49—Fig. 1 shows at least one leg of forked free end 20 partially covering a user’s nose; in alternative embodiment 100, the free end of the exterior section is shaped as a shield 108 positionable over the wearer’s mouth and nose—Figs. 6-7, column 5, lines 29-36; embodiment 200 also includes a free end of the exterior section comprising a shield 208 positionable over a wearer’s mouth and nose—Figs. 8-9, column 5, lines 40-44); and
a UVC source (light emitting didoes 64, 112, or 212) coupled to the face covering (ultraviolet light emitting diodes [64] located in upwardly and downwardly facing recesses of the legs [of forked free end 20]—Fig. 3, column 5, lines 8-10; shield 108 has an upwardly facing recess 110 supporting the light emitting diodes 112 beneath the wearer’s mouth—Figs. 6-7, column 5, lines 34-36; shield 208 has a downwardly facing recess 210 supporting the light emitting diodes 212 above the wearer’s nose—Figs. 8-9, column 5, lines 42-44), wherein the UVC source is configured to selectively emit UVC radiation (light emitters are light emitting didoes and the curtain of light is ultraviolet light UVC, with a preferred wavelength window of 240 to 270 nm to be effective on the airborne germicidal irradiation curve—column 5, lines 45-49) to reduce active pathogens in air proximal to the user's nose or mouth before the air is inhaled by the user (when the wearer breathes air, the breathed air will become sanitized by passage of pathogens through a curtain of ultraviolet light immediately prior to being breathed—column 5, lines 18-21; also, activation of UVC sources is selective in that electrical contacts 78, 80, only allow activation of the UVC sources when the device is positioned over the wearer’s mouth and nose—see column 5, lines 21-28)
Claim 22 is rejected under 35 U.S.C. 102(a)(1&2) as being anticipated by Almogy et al. (US 2013/0318027 A1, cited in the IDS filed 07 August, 2025)
Regarding claim 22, Almogy discloses an infection risk detection system (System and method to enable detection of viral infection by users of electronic communication devices—title) comprising:
a sensor configured to detect at least one environmental parameter around a person and generate data indicative of the at least one environmental parameter (Well-being and/or activity-profile in general will be determined by the following parameters—[0074]; Any of the information available from the device's sensors, including microphone, GPS, illumination sensor, vibration sensor, inclinometer, accelerometer, motion sensor, reception signal and camera, as well as any other sensors that may be added in the future to sample the users environment and provide information—[0075]; the relevant vicinity could refer to use of the user's smartphone microphone, GPS and camera to sample the users environment to provide an estimate of general disease and specifically lung/upper airways-related infections and other general environmental qualities, such as air quality, noise levels, etc.—[0095]), and
a processor in communication with the sensor and configured to receive the environmental parameter data from the sensor, wherein the processor is configured to determine an infection risk of a person based on the detected at least one environmental parameter (as shown in Fig. 19, [0322], the computerized system 20 can execute location information processor 28 for calculating location information, distances between users and the like; information available from the device's sensors (microphone, GPS, illumination sensor, vibration sensor, inclinometer, accelerometer, motion sensor, reception signal and camera) as well as any other sensors that may be added in the future to sample the users environment and provide information—[0075]; relevant vicinity could refer to use of the user's smartphone microphone, GPS and camera to sample the users environment to provide an estimate of general disease and specifically lung/upper airways-related infections and other general environmental qualities (air quality, noise levels, etc.)—[0095]; provide an indication to a mobile device user of vicinities in which he may be at increased risk of contracting viral infections due to the presence in that area of an increased number of viral disease carrying suspects—[0085]).
Claim 22 is rejected under 35 U.S.C. 102(a)(1&2) as being unpatentable over Chapman Bate et al. (US 2016/0132652 A1).
Regarding claim 22, Chapman Bates teaches an infection risk detection system (system for controlling spread of communicable disease—abstract) comprising:
a sensor (142) configured to detect at least one environmental parameter around a person and generate data indicative of the at least one environmental parameter (location component 140 of mobile device 120 effectively senses location of a user—see [0024]; wearable device 150 and/or module device 120 includes sensors 142 for tracking physiological characteristics of a user—[0028]; sensors 142 can include accelerometer, gyroscope, altimeter, thermometer, etc.—[0029], [0036]), and
[a] processor (180) in communication with the sensor and configured to receive the environmental parameter data from the sensor (physiological and location information from mobile device 120 and wearable device shared with server 180—[0030]), wherein the processor is configured to determine an infection risk of a person based on the detected at least one environmental parameter (server 180 includes a disease tracking application 184 to determine whether a user is sick with a communicable disease based on physiological information and location information—[0043]; result of the calculation [of application 184] is an indicator that marks the risk that the use is sick with a communicable disease—[0044]; paragraph [0052] discusses how determination of sickness can be made based on physiological data, and [0053] discusses how location data can influence the determination of sickness).
Claim 23 is rejected under 35 U.S.C. 102(a)(1 &2) as being anticipated by Lin et al. (US 2015/0231287 A1, cited in the IDS filed 07 August, 2025).
Regarding claim 23, Lin teaches A medical device (UV light-based sterilization system 100 which sterilizes a catheter 1 having a lumen 4, proximal catheter end 2, and distal catheter end 3—[0086]) comprising: a tubular medical delivery device (catheter 1) defining an internal passage (lumen) and being configured to be inserted into a patient's body (distal end 3 and most of catheter 1 may be positioned inside a patient’s body—[086]), the tubular medical device having proximal (distal end 3—[0086]) and distal ends (proximal end 2—[0086]); and a UVC device (10) received in the internal passage (4) adjacent the distal end (proximal end 2) of the tubular medical device (fiber optic cable 10 may be inserted distal end 12 first into fiber insertion port 71, through catheter connector 70, and into lumen 4 of catheter 1—[0091]; UV light source 62 emits UV light, preferably in the UVC band—see [0105]-[0107]—and the UV light source propagates UV light to fiber optical cable 10—[0109]—the fiber optical cable 10 distributing light to toward walls of the catheter to sterilize the catheter—see [0110]; thus, the fiber optical cable 10 is clearly part of a UVC device which is inserted into a tubular medical device, see Fig. 1).
Claim 23 is rejected under 35 U.S.C. 102(a)(1 &2) as being anticipated by Gertner et al. (US 20060195165 A1, cited in the IDS filed 07 August, 2025).
Regarding claim 23, Gertner teaches a medical device (optical therapy device—title, abstract) comprising: a tubular medical delivery device defining an internal passage and being configured to be inserted into a patient's body (insertion member or tube 106 having a distal end configured to be inserted into a target body cavity to illuminate tissue within the body cavity—[0050]; tube 106 is hollow—[00550]) , the tubular medical device having proximal (proximal end 108—[0056]) and distal ends (tip 118 at distal end 116 of tube 106—[0052]); and a UVC device (126/130) received in the internal passage adjacent the distal end (116/118) of the tubular medical device (output portion 130 of light source 126 positioned so that it resides within at least a portion of tube 106—[0077]; light source 126 of optical therapy device 100 located at distal end 116 of tube 106 near distal tip 118—Fig. 6A, [0131]; light source 126 emits UV-C light—see [0065], [0067], [0092], [0115]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over McDaniel (US 2021/0275713 A1, filed 06 March, 2020)
Regarding claim 21, McDaniel teaches A face covering system (personal air purification mask sterilizing insert system—[0038]) comprising:
a face covering configured to at least partially cover a user's nose or mouth (N95 filtering facepiece respirator 9—Fig. 1, [0036], [0040]); and
a UVC source coupled to the face covering (UV LED-light source 3), wherein the UVC source is configured to selectively emit UVC radiation to reduce active pathogens in air proximal to the user's nose or mouth before the air is inhaled by the user (when the mask/respirator user inhales, and sufficient air-flow is achieved, the air flows generally thru the mask/respirator filter[s] and a portion of air flows past the UV LED-light source, a portion of the air flows past the diffuser 6, a portion of the UV light and air flows thru the diffuser via air passage holes 7…irradiating potential viral or bacteriological pathogens to mitigate infection to the user—[0039]; UV LED-light source emits light within a range from 275 nm to 285 nm—[0024], [0039], [0040], claim 2).
With respect to the wavelength of emitted light, McDaniels teaches a preferred wavelength range of 275-285 nm ([0024], [0039], [0040], claim 2), which overlaps with the ordinarily defined range of UVC light, 100-280 nm. Therefore, it would be obvious to emit light within the overlapping portion (275-280 nm) of the claimed range (100-280 nm) and prior art range (275-285 nm) for the benefit of disinfecting the air flowing within the assembly ([0024], [0039]); see MPEP 2144.05(I.) regarding the obviousness of overlapping ranges.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
James et al. (US 20100175694 A1) is relevant to claim 21, because James discloses a disinfection chamber configured to sterilize fluid in the chamber and discharge the fluid to a face mask such that the fluid discharged from the chamber to the mask comprises inactive microorganisms (abstract), the embodiments of the disinfection chamber including a UV source ([0026], [0029], [0030]) emitting light within the UVC range ([0038]).
Fitzgerald (US 2021/0308407 A1, filed 03 April, 2020) is relevant to claim 21, with Fitzgerald teaching an ultraviolet-C respirator mask that destroys viruses using a plurality of UVC LEDs (abstract), a hose assembly (3) connecting the respirator mask (2) and UV-C disinfection device (1) ([0054], [0060]) so that a user is provided with sterilized air ([0012]).
Lyon (US 2009/0205664 A1) is relevant to claim 21, with Lyon teaching an ultra-violet germicidal personal protection apparatus (title) comprising a mask, hood, or suit worn by a user, which receives air from a UVC sterilization unit so that pathogen free air is provided to a user (abstract).
Ricci (US 5,165,395) is relevant to claim 21, with Ricci teaching an ultra-violet germicidal mask system (title) comprising a mask to be worn by a user and a source of ultraviolet radiation which exposes air entering the mask to germicidal UV radiation so that only germ-free air is provided to a user (abstract).
Taslagyan (US 2018/0064968 A1) is relevant to claim 21, with Taslagyan teaching a wearable air purifier which can be attached to a face mask (30) ([0018]) and which may include UV light sources (abstract, [0014], claim 1) for treating air inhaled by a user (Figs. 2a, 6a-d).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY C PILSBURY whose telephone number is (571)272-8054. The examiner can normally be reached M-Th 7:30a-5:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MARCHESCHI can be reached at (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADY C PILSBURY/Examiner, Art Unit 1799
/JENNIFER WECKER/Primary Examiner, Art Unit 1797
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