The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to application filed on 3/25/25, in which Claims 16-35 are presented for examination of which Claims 16, 28 and 32 are in independent form.
Drawings
Figure 1 is objected to, please include suitable descriptive legends as required by CFR 1.84 (o).
Specification
Please include “alarms” and “wearer of a breathing apparatus” into the title.
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.
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 16-18, 20-24, 28-30 and 32-34 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bedingham et al. (Bedingham; US 20230148871 A1).
Regarding Claim 16, Bedingham discloses a computer-implemented method (Abstract) for handling thermal alarms associated with a wearer (10 of Fig 1) of a breathing apparatus (13 of Fig 1), the method comprising:
establishing a connection between the breathing apparatus and a network (4 of Fig 1; [0040] each of environments 8 include computing facilities (e.g., a local area network) by which sensing stations 21, beacons 17, and/or negative pressure re-usable respirators 13 are able to communicate with PPEMS 6);
generating, based on a thermal profile (metric; [0021] a computing device configured to generate a metric indicative of core body temperature of the user based on the detected exhalation breath temperature) indicative of a thermal exposure of the wearer of the breathing apparatus ([0116]-[0120] factors (which may be used to adjust or define the metric indicative of core body temperature) may include temperature, humidity, air pressure, levels of air contaminants, or other environmental factors), one or more of a first thermal alarm ([0038] respirators 13 may include one or more devices to generate audible feedback (e.g., one or more speakers), visual feedback (e.g., one or more displays, light emitting diodes (LEDs) or the like), or tactile feedback (e.g., a device that vibrates or provides other haptic feedback); [0122] generate an alert based on the metric indicating core body temperature being over a threshold) and a second thermal alarm ([0076] detect anomalies…trigger alerts), wherein the generating the one or more of the first thermal alarm and the second thermal alarm comprises comparing the thermal profile to a first criterion ([0026] computing device may generate one or more alerts when the metric indicates one or more possible issues related to core body temperature; [0122] generate an alert based on the metric indicating core body temperature being over a threshold) and to a second criterion ([0026] computing device may generate one or more alerts when the metric indicates one or more possible issues related to core body temperature; [0122] generate an alert based on the metric indicating core body temperature being below a threshold), and in response:
if the thermal profile meets the first criterion, generating the first thermal alarm at the breathing apparatus ([0057] breath…sensor itself may include processing capabilities and the sensor itself may generate an alert (e.g. and alarm, vibration, or other alert) to the user when the metric indicative of core body temperature indicates a potential problem); and
if the thermal profile meets the second criterion, initiating transmission, towards a network node of the network, of information indicative of the second thermal alarm ([0076] stream analytic service 68F may be configured to detect anomalies…trigger alerts upon detecting safety concerns based on conditions or worker behaviors…68F may generate output for communicating to…computing devices 60; [0084] notification service 68E outputs a notification in response to determining that a safety rule is not satisfied (e.g., physiological data of a worker 10 (such as core body temperature) does not satisfy a safety rule, or an article of PPE or component of an article of PPE does not satisfy a safety rule)…output the notification to at least one of clients 63 (e.g., one or more of computing devices 60, hubs 14, safety stations 15, or a combination therein)); and
outputting the one or more of the first thermal alarm and the second thermal alarm ([0057], [0076]).
Regarding Claims 17, 29 and 33, Bedingham discloses outputting the one or more of the first thermal alarm and the second thermal alarm comprises one or more of: outputting, via an output element of the breathing apparatus, a notification indicative of the first thermal alarm ([0057] breath… sensor itself may include processing capabilities and the sensor itself may generate an alert (e.g. and alarm, vibration, or other alert) to the user when the metric indicative of core body temperature indicates a potential problem); or outputting, via a communications interface of the breathing apparatus, a notification indicative of the second thermal alarm ([0076] stream analytic service 68F may…detect anomalies…trigger alerts upon detecting safety concerns based on conditions or worker behaviors…generate output for communicating to safety equipment 62, safety stations 15, hubs 14, or computing devices 60).
17>Regarding Claim 18, 30 and 34, Bedingham discloses one or more of the notification indicative of the first thermal alarm and the notification indicative of the second thermal alarm comprises one or more of: a visual notification; an auditory notification; or a haptic notification ([0038] respirators 13 may include one or more devices to generate audible feedback (e.g., one or more speakers), visual feedback (e.g., one or more displays, light emitting diodes (LEDs) or the like), or tactile feedback (e.g., a device that vibrates or provides other haptic feedback); [0084] output the notification to at least one of clients 63 (e.g., one or more of computing devices 60)).
Regarding Claim 20, Bedingham discloses the information indicative of the second thermal alarm comprises an identifier of the wearer ([0056] each contaminant capture device 23 includes a communication unit that is configured to transmit information indicative of the respective contaminant capture device 23 to a computing system. For example, the communication device may include an RFID tag configured to output identification information (e.g., a unique identifier, a type of contaminant capture device, etc.)).
Regarding Claim 21, Bedingham discloses the first thermal alarm indicates that a thermal exposure of the wearer is within a predetermined tolerance of a thermal exposure threshold; or the second thermal alarm indicates that the thermal exposure of the wearer has exceeded the thermal exposure threshold ([0072] rises in core body temperature over a threshold).
Regarding Claim 22, Bedingham discloses generating the thermal profile ([0116] 440 or 540 is configured to generate a metric indicative of core body temperature; [0120] factors (which may be used to adjust or define the metric indicative of core body temperature) may include temperature, humidity, air pressure, levels of air contaminants).
22>Regarding Claim 23, Bedingham discloses generating the thermal profile comprises: determining an ambient temperature of the breathing apparatus ([0128] an ambient temperature sensor may be used instead of (or in addition to) an inhalation breath sensor, in which case the metric may be generated by a computing device based on detected exhalation breath temperature and ambient temperature (with or without inhalation breath temperature)).
23>Regarding Claim 24, Bedingham discloses determining the ambient temperature of the breathing apparatus comprises: obtaining, from a temperature sensor coupled to the breathing apparatus, ambient temperature information ([0128] an ambient temperature sensor may be used instead of (or in addition to) an inhalation breath sensor,).
Regarding Claim 28, Bedingham discloses an apparatus (Abstract) comprising: processing circuitry; and memory comprising instructions that, when executed by the processing circuitry ([0090]-[0091), configure the apparatus to:
establish a connection with a network (4 of Fig 1; [0040] each of environments 8 include computing facilities (e.g., a local area network) by which sensing stations 21, beacons 17, and/or negative pressure re-usable respirators 13 are able to communicate with PPEMS 6);
generate, based on a thermal profile (metric; [0021] a computing device configured to generate a metric indicative of core body temperature of the user based on the detected exhalation breath temperature) indicative of a thermal exposure of a wearer (10) of a breathing apparatus (13) associated with the apparatus ([0116]-[0120] factors (which may be used to adjust or define the metric indicative of core body temperature) may include temperature, humidity, air pressure, levels of air contaminants, or other environmental factors), one or more of a first thermal alarm ([0038] respirators 13 may include one or more devices to generate audible feedback (e.g., one or more speakers), visual feedback (e.g., one or more displays, light emitting diodes (LEDs) or the like), or tactile feedback (e.g., a device that vibrates or provides other haptic feedback); [0122] generate an alert based on the metric indicating core body temperature being over a threshold) and a second thermal alarm ([0076] detect anomalies…trigger alerts), wherein the instructions configure the apparatus to generate the one or more of the first thermal alarm and the second thermal alarm by comparing the thermal profile to a first criterion ([0026] computing device may generate one or more alerts when the metric indicates one or more possible issues related to core body temperature; [0122] generate an alert based on the metric indicating core body temperature being over a threshold) and to a second criterion ([0026] computing device may generate one or more alerts when the metric indicates one or more possible issues related to core body temperature; [0122] generate an alert based on the metric indicating core body temperature being below a threshold), and in response:
if the thermal profile meets the first criterion, generating the first thermal alarm at the breathing apparatus ([0057] breath…sensor itself may include processing capabilities and the sensor itself may generate an alert (e.g. and alarm, vibration, or other alert) to the user when the metric indicative of core body temperature indicates a potential problem); and
if the thermal profile meets the second criterion, initiating transmission, towards a network node of the network, of information indicative of the second thermal alarm ([0076] stream analytic service 68F may be configured to detect anomalies…trigger alerts upon detecting safety concerns based on conditions or worker behaviors…68F may generate output for communicating to…computing devices 60; [0084] notification service 68E outputs a notification in response to determining that a safety rule is not satisfied (e.g., physiological data of a worker 10 (such as core body temperature) does not satisfy a safety rule, or an article of PPE or component of an article of PPE does not satisfy a safety rule)…output the notification to at least one of clients 63 (e.g., one or more of computing devices 60, hubs 14, safety stations 15, or a combination therein)); and
output the one or more of the first thermal alarm and the second thermal alarm ([0057], [0076]).
Regarding Claim 32, Bedingham discloses a computer program product, embodied on a non-transitory machine-readable medium, comprising instructions which are executable by processing circuitry ([0090]-[0091]) to cause:
establishing a connection between a breathing apparatus and a network (4 of Fig 1; [0040] each of environments 8 include computing facilities (e.g., a local area network) by which sensing stations 21, beacons 17, and/or negative pressure re-usable respirators 13 are able to communicate with PPEMS 6);
generating, based on a thermal profile (metric; [0021] a computing device configured to generate a metric indicative of core body temperature of the user based on the detected exhalation breath temperature) indicative of a thermal exposure of a wearer of the breathing apparatus ([0116]-[0120] factors (which may be used to adjust or define the metric indicative of core body temperature) may include temperature, humidity, air pressure, levels of air contaminants, or other environmental factors), one or more of a first thermal alarm ([0038] respirators 13 may include one or more devices to generate audible feedback (e.g., one or more speakers), visual feedback (e.g., one or more displays, light emitting diodes (LEDs) or the like), or tactile feedback (e.g., a device that vibrates or provides other haptic feedback); [0122] generate an alert based on the metric indicating core body temperature being over a threshold) and a second thermal alarm ([0076] detect anomalies…trigger alerts), wherein the generating the one or more of the first thermal alarm and the second thermal alarm comprises comparing the thermal profile to a first criterion ([0026] computing device may generate one or more alerts when the metric indicates one or more possible issues related to core body temperature; [0122] generate an alert based on the metric indicating core body temperature being over a threshold) and to a second criterion ([0026] computing device may generate one or more alerts when the metric indicates one or more possible issues related to core body temperature; [0122] generate an alert based on the metric indicating core body temperature being below a threshold), and in response:
if the thermal profile meets the first criterion, generating the first thermal alarm at the breathing apparatus ([0057] breath…sensor itself may include processing capabilities and the sensor itself may generate an alert (e.g. and alarm, vibration, or other alert) to the user when the metric indicative of core body temperature indicates a potential problem); and
if the thermal profile meets the second criterion, initiating transmission, towards a network node of the network, of information indicative of the second thermal alarm ([0076] stream analytic service 68F may be configured to detect anomalies…trigger alerts upon detecting safety concerns based on conditions or worker behaviors…68F may generate output for communicating to…computing devices 60; [0084] notification service 68E outputs a notification in response to determining that a safety rule is not satisfied (e.g., physiological data of a worker 10 (such as core body temperature) does not satisfy a safety rule, or an article of PPE or component of an article of PPE does not satisfy a safety rule)…output the notification to at least one of clients 63 (e.g., one or more of computing devices 60, hubs 14, safety stations 15, or a combination therein)); and
outputting the one or more of the first thermal alarm and the second thermal alarm ([0057], [0076]).
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 of this title, 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.
Claims 19, 31 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham, in view of Curtis et al. (Curtis; US 20140375459 A1).
Regarding Claims 19, 31 and 35, Bedingham doesn’t specify receiving, via a user interface of the breathing apparatus, an input for termination of an alarm, and in response: terminating, based on the input, the generating of the first thermal alarm; or denying termination of the second thermal alarm.
In the same field of endeavor, Curtis discloses a firefighter's safety apparatus including a first system located in a firefighter's helmet and a second system located at a central station. The first includes a power source, an ambient temperature sensor for relaying ambient temperature information to a microprocessor, a first on/off light source and a second light source coupled to the microprocessor for emitting a status alarm signal when the temperature sensed is above a preset level. An audible alarm is coupled to the microprocessor for emitting an audio signal when the temperature sensed is above the preset level. A manually operated panic switch causes a transceiver coupled to the microprocessor to send a radio signal to the central station if the firefighter is injured or does not move for a preset time and activates the audio alarm. The second system includes a transceiver, a power source and a microprocessor and a power source electronically coupled.
Curtis discloses receiving, via a user interface of the breathing apparatus, an input for termination of an alarm, and in response: terminating, based on the input, the generating of the first thermal alarm; or denying termination of the second thermal alarm ([0021] first system is located in the firefighter's helmet and includes a temperature sensor for sensing the ambient temperature around the firefighter, an audible alarm, first and second indicator lights, an on/off switch).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bedingham with Curtis in order to provide power saving capabilities allowing for firefighters to turn off their alarms after leaving a dangerous situation.
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Bedingham, in view of Hibbs et al. (Hibbs; US 6118382 A).
Regarding Claim 26, Bedingham doesn’t disclose the thermal profile meets the first criterion if the thermal profile indicates a thermal exposure that meets or exceeds a first exposure threshold value, and that is less than a second exposure threshold value; and the thermal profile meets the second criterion if the thermal profile indicates a thermal exposure that meets or exceeds the second exposure threshold value.
In the same field of endeavor, Hibbs discloses a method for alerting safety personnel of unsafe air temperature conditions, using a temperature sensor formed exposed to an ambient environment and operable to provide a signal representing a measured ambient temperature.
Hibbs discloses a thermal profile meets a first criterion if the thermal profile indicates a thermal exposure that meets or exceeds a first exposure threshold value, and that is less than a second exposure threshold value; and the thermal profile meets a second criterion if the thermal profile indicates a thermal exposure that meets or exceeds the second exposure threshold value (Fig 2 steps 54-58; Col 4 lines 31-55 system checks, in step 54, whether the temperature is at the first set point (e.g., 300 degrees Fahrenheit) or greater…If the temperature is greater than 300 degrees Fahrenheit, then the system illuminates the first indicator in step 55. Then, in step 56, the system checks whether the temperature is greater than the second set point (e.g, 600 degrees Fahrenheit)…If the temperature is greater than 600 degrees Fahrenheit, then the system illuminates the second indicator in step 58).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bedingham with Hibbs in order to provide safety precautions that escalate warning systems as severe conditions worsen.
Regarding Claim 27, Hibbs discloses the method is performed automatically upon activation of the breathing apparatus (Col 4 lines 18-22, FIG. 2 method for alerting safety personnel of unsafe air temperature conditions…in step 40, the start switch is activated. This activation can be manual or automatic).
Allowable Subject Matter
Claim 25 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Williams (US 20190180594 A1) discloses an integrated protective equipment including a protective gear and a sensor affixed to the protective gear, that generates sensor data, and triggers an alert if the sensor data meet a predefined criteria, the predefined criteria include at least one threshold condition.
b. Kloc et al. (Kloc; US 20230217141 A1) discloses a system for providing responder information by receiving sensor data generated by safety devices corresponding to responders.
c. AWISZUS et al. (Awiszus; US 20170372216 A1) discloses a personal protective equipment (PPE) comprising one or more sensors to generate usage data that is indicative of an operation of the article of PPE. The system receives the usage data and applies the usage data to a safety learning model that predicts a likelihood of an occurrence of a safety event associated with the article of PPE.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689
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