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 .
Response to Amendment
Applicant’s amendments to claims 1-2, 4, and 6-7 filed on 10/01/2025 are acknowledged by the Examiner.
Claims 3 and 5 remain cancelled.
Claims 1-2, 4, and 6-7 are currently pending and are under examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In light of the amendments to the independent claims, a teaching reference has been introduced to read on the amended claim language. See updated office action below.
Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive.
Applicant’s argument: The incorporation of the Milligan reference with the preceding Choi, Dean, and Paoluccio references is not tenable for reasons espoused by the Examiner. In particular, Milligan’s use of the padding is for absorbing violent impacts such that the force of said impact is dispersed through the pad and the mask piece (Column 5, lines 35-55) from a ball (Column 5, lines 3-15). Were one of ordinary skill in the art to incorporate the teaching of Milligan into the primary Choi, Dean, and Paoluccio references, their face shields would not be able to absorb the extra force of the impact in the way that the material used to make the mask in Milligan would (Column 3, lines 45-55). Choi’s face shield is made of flexible materials which would break (Paragraph [0015]). Dean’s material and more importantly its lack of thickness would also suffer the same problems (Dean: column 4, lines 10-15; column 2, lines 65-68; column 3 lines 1-7). Milligan mentions nothing about the pads being placed there for comfort or fit, but only for impact absorption (Column 5 lines 45-50). That is the requirements of the Milligan padding teaches away from the use of light foam and therefore on of ordinary skill in the art would not look to Milligan to incorporate its padding teaching as the Examiner has done.
Examiner’s response: In response to applicant's argument that were one of ordinary skill in the art to incorporate the teaching of Milligan into the primary references of Choi, Dean, and Paoluccio, the face shields would not be able to absorb the extra force like in Milligan, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Further, in response to applicant's arguments against the references individually (in particular, Applicant’s arguments regarding Dean), one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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 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.
Claims 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 2012/0047614 A1) in view of Dean (US 4,955,394) in view of Boulware (US 2018/0338550 A1) further in view of Paoluccio (US 5,471,679).
Regarding claim 1, Choi discloses a face shield (10) for use with dental loupes (see Fig. 1; face shield 10 is capable of use with dental loupes), comprising:
a curved transparent plate (14) having an outer face that is flat and in a single plane (see Figs. 1 and 2A; face shield 10 has a transparent member 14 which is curved around a user’s face as seen in Fig. 1, and has an outer face which is the exterior side of transparent plate 14 and is flat and in a single plane), an inner face that is flat and in the single plane (see Figs. 1 and 2A; transparent member 14 has an inner face which is the interior side of transparent member 14 and is flat and in the single plane), opposed upper and lower ends, and laterally opposed side edges which extend laterally such that the laterally opposed side edges are adapted to cover half of a user’s ear when the face shield is worn by the user (see Annotated Fig. 1 of Choi; the opposed upper end is labeled UE and opposed lower end is labeled LE, and there are laterally opposed side edges, labeled in Annotated Fig. 1 of Choi as SE, and these laterally opposed side edges SE extend laterally and are capable of covering half of a user’s ear when the face shield is worn by the user, as it depends on a user’s anatomy, e.g., the size of a user’s head/ears);
a first pad (16) secured to the inner face of the curved transparent plate (14) adjacent the upper end thereof (see Annotated Fig. 1 of Choi and [0015]; flexible support member 16, which is made out of foam, and thus is a first pad is secured to the inner face of transparent member 14 adjacent or near the upper end UE thereof), the first pad (16) being adapted for releasable positioning against a forehead of the user when the curved transparent plate (14) is worn on a head of the user (see Fig. 1; flexible support member 16 is adapted for releasable positioning against a forehead of a user when transparent member 14 is worn on a head of the user, as a user can remove the device from the user’s head, and thus removing the flexible support member 16 as well), wherein the first pad (16) has a thickness (see Fig. 1 and 2A; the flexible support member 16 inherently has a thickness), wherein the first pad (16) is made from a light foam that is configured to be non-irritating to skin of the user (see [0015]; the flexible support member 16 is made from a foam material which is light and is configured to be non-irritating to skin of the user), and wherein the first pad (16) has opposed upper and lower ends, and laterally opposed side edges (see Figs. 1-3; the flexible support member 16 has opposed upper and lower ends which are the top and bottom ends/edges of the flexible support member 16, and the flexible support member 16 has laterally opposed side edges which are the left/right edges of the flexible support member 16); and
a first strap (12) connected to the laterally opposed side edges adjacent the first pad (16) (see Figs. 1 and 2A, and [0015]-[0016]; strap 12 is a first strap that is connected to right side 24 and left side 26 as seen in Fig. 2A, and thus is connected to the laterally opposed side edges SE, see Annotated Fig. 1 of Choi, adjacent or near the flexible support member 16), the first strap (12) being adapted to encircle the head of the user (see Fig. 1; strap 12 is adapted to encircle the head of the user).
Choi is silent on a rectangular opening being formed through the curved transparent plate, the rectangular opening being laterally elongated; the rectangular opening being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough, and wherein the first pad is sized such that an eyeglass frame of the dental loupes abuts the rectangular opening when the dental loupe is also worn on the head of the user; wherein the first pad has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad abut the laterally opposed side edges of the curved transparent plate; a pair of laterally opposed tabs secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ear; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Dean teaches an analogous face shield (face shield 10) comprising a rectangular opening (15, 16) being formed through the curved transparent plate, the rectangular opening (15, 16) being laterally elongated (see Figs. 2 and 7, and Col. 5 lines 44-68; spectacle sockets 15, 16 are used to hold the spectacles, as seen in Fig. 7, and thus are rectangular in shape as the definition of rectangular is “having edges, surfaces, or faces that meet at right angles,” https://www.merriam-webster.com/dictionary/rectangular, and the sockets 15, 16 have four corners/edges that meet at right angles, and is laterally elongated as spectacle sockets 15, 16 are the same shape as the spectacles of Fig. 7 extend horizontally, and the sockets 15, 16 are formed through the curved transparent plate of face shield 10), the rectangular opening (15, 16) being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough (see Figs. 1-2; when face shield 10 is worn on a head of the user, the spectacle sockets 15, 16 are located adjacent or near eyes of the user, such that loups are capable of partially projecting therethrough, as the spectacles project therethrough from spectacle sockets 15, 16), and a pair of laterally opposed tabs secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ears (the ends of the spectacle in Fig. 7 are interpreted as laterally opposed tabs, see Annotated Fig. 7 of Dean, as they project outwards towards a helix level of the user’s ears, and are indirectly secured to the laterally opposed side edges of the face shield 10), providing a face shield that is a full-face shield which virtually ensures the wearer complete protection from any spattering liquids (see Col. 6 lines 28-31 of Dean), while still being able to wear spectacles/dental loupes with the shield.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the face shield (10) of Choi with a rectangular opening (15, 16) and spectacles as taught by Dean such that the rectangular opening is formed through the curved transparent plate, the rectangular opening being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough, and such that a pair of laterally opposed tabs are secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ears as taught by Dean to have provided an improved face shield that is a full-face shield which virtually ensures the wearer complete protection from any spattering liquids (see Col. 6 lines 28-31 of Dean), while still being able to wear spectacles/dental loupes with the shield. Therefore, the combination of Choi in view of Dean results in wherein the first pad (16 of Choi) is sized such that an eyeglass frame (spectacles of Dean) of the dental loupes abuts the rectangular opening (15, 16 of Dean) when the dental loupes is also worn on the head of the user (see Figs. 1-2 and 6 of Dean; as previously modified above, the flexible support member 16 of Choi is sized such that the spectacles of Dean abuts the sockets 15, 16 of Dean as the spectacles are force fit into the sockets as seen in Fig. 6 of Dean when dental loupes are worn on the head of the user).
Choi in view of Dean discloses the invention as discussed above.
Choi in view of Dean is silent on wherein the first pad has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad abut the laterally opposed side edges of the curved transparent plate; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Boulware teaches an analogous face shield (10) and an analogous first pad (18) (see Figs. 1-5; face mask 10 has foam padding 18 and thus is an analogous first pad), and wherein the first pad (18) has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad (18) abut the laterally opposed side edges of the curved transparent plate (12) (see Figs. 1-4; the foam padding 18 has laterally opposed side edges as the foam padding 18 extends laterally from left to right as best seen in Figs. 3 and 5, and the laterally opposed side edges extend laterally such that the laterally opposed side edges of the foam padding 18 abut the laterally opposed side edges of the transparent face shield 12 via hook and loop fasteners as best seen in Fig. 3-5), providing a forehead pad with enough surface area to properly cushion a user’s head for better comfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the laterally opposed side edges of the first pad (16 of Choi) in the device of Choi in view of Dean to abut the laterally opposed side edges of the curved transparent plate as taught by Boulware to have provided an improved face shield that provides a forehead pad with enough surface area to properly cushion a user’s head for better comfort.
Choi in view of Dean further in view of Boulware discloses the invention as discussed above.
Choi in view of Dean further in view of Boulware is silent on a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Paoluccio teaches an analogous face shield (10) and an analogous pair of laterally opposed tabs (21, 21) (see Fig. 10A; the temple members 21, 21 are a pair of laterally opposed tabs as the definition of tab is “a short projection device…”, https://www.merriam-webster.com/dictionary/tab, and thus the temple members 21, 21 projects/extends towards a helix level of a user’s ear as seen in Fig. 10A), and a second strap (33) connected to the laterally opposed tabs (21, 21), the second strap (33) adapted to encircle the head of the user (see Fig. 10A and Col. 6 lines 17-26; safety strap 33 is connected to the temple members 21 as seen in Fig. 10A, and is adapted to encircle the head of the user), providing a safety strap to prevent slipping (see Col. 6 lines 24-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pair of laterally opposed tabs of Choi in view of Dean further in view of Boulware with a safety strap 33 as taught by Paoluccio to have provided an improved face shield that has a second strap connected to the laterally opposed tabs adapted to encircle the head of the user to prevent the face shield from slipping (see Col. 6 lines 24-26), as the face shield is further retained on the wearer’s head.
Regarding claim 6, Choi discloses a face shield (10) for use with dental loupes (see Fig. 1; face shield 10 is capable of use with dental loupes), comprising:
a curved transparent plate (14) having an outer face that is flat and in a single plane (see Figs. 1 and 2A; face shield 10 has a transparent member 14 which is curved around a user’s face as seen in Fig. 1, and has an outer face which is the exterior side of transparent plate 14 and is flat and in a single plane), an inner face that is flat and in the single plane (see Figs. 1 and 2A; transparent member 14 has an inner face which is the interior side of transparent member 14 and is flat and in the single plane), opposed upper and lower ends, and laterally opposed side edges which extend laterally such that the laterally opposed side edges are adapted to cover half of a user’s ears when the face shield is worn by the user (see Annotated Fig. 1 of Choi; the opposed upper end is labeled UE and opposed lower end is labeled LE, and there are laterally opposed side edges, labeled in Annotated Fig. 1 of Choi as SE, and these laterally opposed side edges SE extend laterally and are capable of covering half of a user’s ear when the face shield is worn by the user, depending on a user’s anatomy, e.g., the size of a user’s head/ears);
a first pad (16) secured to the inner face of the curved transparent plate (14) adjacent the upper end thereof (see Annotated Fig. 1 of Choi and [0015]; flexible support member 16, which is made out of foam, and thus is a first pad is secured to the inner face of transparent member 14 adjacent or near the upper end UE thereof), the first pad (16) being adapted for releasable positioning against a forehead of the user when the curved transparent plate (14) is worn on a head of the user (see Fig. 1; flexible support member 16 is adapted for releasable positioning against a forehead of a user when transparent member 14 is worn on a head of the user, as a user can remove the device from the user’s head, and thus removing the flexible support member 16 as well), wherein the first pad (16) has a thickness (see Fig. 1 and 2A; the flexible support member 16 inherently has a thickness), wherein the first pad (16) is made from a light foam that is configured to be non-irritating to skin of the user (see [0015]; the flexible support member 16 is made from a foam material which is light and is configured to be non-irritating to skin of the user), and wherein the first pad (16) has opposed upper and lower ends, and laterally opposed side edges (see Figs. 1-3; the flexible support member 16 has opposed upper and lower ends which are the top and bottom ends/edges of the flexible support member 16, and the flexible support member 16 has laterally opposed side edges which are the left/right edges of the flexible support member 16); and
a first strap (12) connected to the laterally opposed side edges adjacent the first pad (16) (see Figs. 1 and 2A, and [0015]-[0016]; strap 12 is a first strap that is connected to right side 24 and left side 26 as seen in Fig. 2A, and thus is connected to the laterally opposed side edges SE, see Annotated Fig. 1 of Choi, adjacent or near the flexible support member 16), the first strap (12) being adapted to encircle the head of the user (see Fig. 1; strap 12 is adapted to encircle the head of the user).
Choi is silent on a rectangular opening being formed through the curved transparent plate, the rectangular opening being laterally elongated; the rectangular opening being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough, and wherein the first pad is sized such that an eyeglass frame of the dental loupes abuts the rectangular opening when the dental loupe is also worn on the head of the user; wherein the first pad has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad abut the laterally opposed side edges of the curved transparent plate; and a pair of laterally opposed tabs secured to the laterally opposed side edges of the curved transparent plate, pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ear; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Dean teaches an analogous face shield (face shield 10) comprising a rectangular opening (15, 16) being formed through the curved transparent plate, the rectangular opening (15, 16) being laterally elongated (see Figs. 2 and 7, and Col. 5 lines 44-68; spectacle sockets 15, 16 are used to hold the spectacles, as seen in Fig. 7, and thus are rectangular in shape as the definition of rectangular is “having edges, surfaces, or faces that meet at right angles,” https://www.merriam-webster.com/dictionary/rectangular, and the sockets 15, 16 have four corners/edges that meet at right angles, and is laterally elongated as spectacle sockets 15, 16 are the same shape as the spectacles of Fig. 7 extend horizontally, and the sockets 15, 16 are formed through the curved transparent plate of face shield 10), the rectangular opening (15, 16) being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough (see Figs. 1-2; when face shield 10 is worn on a head of the user, the spectacle sockets 15, 16 are located adjacent or near eyes of the user, such that loups are capable of partially projecting therethrough, as the spectacles project therethrough from spectacle sockets 15, 16), and a pair of laterally opposed tabs secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ears (the ends of the spectacle in Fig. 7 are interpreted as laterally opposed tabs, see Annotated Fig. 7 of Dean, as they project outwards towards a helix level of the user’s ears, and are indirectly secured to the laterally opposed side edges of the face shield 10), providing a face shield that is a full-face shield which virtually ensures the wearer complete protection from any spattering liquids (see Col. 6 lines 28-31 of Dean), while still being able to wear spectacles/dental loupes with the shield.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the face shield (10) of Choi with a rectangular opening (15, 16) and spectacles as taught by Dean such that the rectangular opening is formed through the curved transparent plate, the rectangular opening being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough, and such that a pair of laterally opposed tabs are secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ears as taught by Dean to have provided an improved face shield that is a full-face shield which virtually ensures the wearer complete protection from any spattering liquids (see Col. 6 lines 28-31 of Dean), while still being able to wear spectacles/dental loupes with the shield. Therefore, the combination of Choi in view of Dean results in wherein the first pad (16 of Choi) is sized such that an eyeglass frame (spectacles of Dean) of the dental loupes abuts the rectangular opening (15, 16 of Dean) when the dental loupes is also worn on the head of the user (see Figs. 1-2 and 6 of Dean; as previously modified above, the flexible support member 16 of Choi is sized such that the spectacles of Dean abuts the sockets 15, 16 of Dean as the spectacles are force fit into the sockets as seen in Fig. 6 of Dean when dental loupes are worn on the head of the user).
Choi in view of Dean discloses the invention as discussed above.
Choi in view of Dean is silent on wherein the first pad has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad abut the laterally opposed side edges of the curved transparent plate; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Boulware teaches an analogous face shield (10) and an analogous first pad (18) (see Figs. 1-5; face mask 10 has foam padding 18 and thus is an analogous first pad), and wherein the first pad (18) has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad (18) abut the laterally opposed side edges of the curved transparent plate (12) (see Figs. 1-4; the foam padding 18 has laterally opposed side edges as the foam padding 18 extends laterally from left to right as best seen in Figs. 3 and 5, and the laterally opposed side edges extend laterally such that the laterally opposed side edges of the foam padding 18 abut the laterally opposed side edges of the transparent face shield 12 via hook and loop fasteners as best seen in Fig. 3-5), providing a forehead pad with enough surface area to properly cushion a user’s head for better comfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the laterally opposed side edges of the first pad (16 of Choi) in the device of Choi in view of Dean to abut the laterally opposed side edges of the curved transparent plate as taught by Boulware to have provided an improved face shield that provides a forehead pad with enough surface area to properly cushion a user’s head for better comfort.
Choi in view of Dean further in view of Boulware discloses the invention as discussed above.
Choi in view of Dean further in view of Boulware is silent on a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Paoluccio teaches an analogous face shield (10) and an analogous pair of laterally opposed tabs (21, 21) (see Fig. 10A; the temple members 21, 21 are a pair of laterally opposed tabs as the definition of tab is “a short projection device…”, https://www.merriam-webster.com/dictionary/tab, and thus the temple members 21, 21 projects/extends towards a helix level of a user’s ear as seen in Fig. 10A), and a second strap (33) connected to the laterally opposed tabs (21, 21), the second strap (33) adapted to encircle the head of the user (see Fig. 10A and Col. 6 lines 17-26; safety strap 33 is connected to the temple members 21 as seen in Fig. 10A, and is adapted to encircle the head of the user), providing a safety strap to prevent slipping (see Col. 6 lines 24-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pair of laterally opposed tabs of Choi in view of Dean further in view of Boulware with a safety strap 33 as taught by Paoluccio to have provided an improved face shield that has a second strap connected to the laterally opposed tabs adapted to encircle the head of the user to prevent the face shield from slipping (see Col. 6 lines 24-26), as the face shield is further retained on the wearer’s head.
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Annotated Fig. 1 of Choi.
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Annotated Fig. 7 of Dean.
Claims 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Dean in view of Boulware in view of Paoluccio further in view of Milligan (US 5,267,353).
Regarding claim 2, Choi in view of Dean further in view of Paoluccio discloses the invention as discussed in claim 1.
Choi in view of Dean further in view of Paoluccio is silent on a second pad secured to the inner face of the curved transparent plate, the second pad peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to the skin of the user.
However, Milligan teaches an analogous rectangular opening (D) (see Figs. 8-10; vision aperture D) and a second pad (120) secured to the inner face of the curved plate (80), the second pad (120) peripherally bordering the rectangular opening (D) (see Figs. 8-10 and Col. 7 lines 65-68 et seq. Col. 8 lines 1-5; face guard 80 comprises pads 110 and 120, thus pad 120 is a second pad that is secured or attached to the inner face or surface of the face guard 80, which is a curved plate as face guard 80 is formed with a curvature, and a portion of the pad 120 peripherally borders the vision aperture D), wherein the second pad (120) is made from a light foam that is configured to be non-irritating to the skin of the user (see Figs. 8-10 and Col. 5 lines 36-42, Col. 6 lines 4-8; the pad 120 is made from the same material as pads 50,52 of another embodiment, and thus pad 120 is made from a light foam material and thus is configured to be non-irritating to skin of the user), providing foam material that is both cushioning and resilient (Col. 5 lines 36-38) to provide optimal comfort to a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inner surface of face shield (10) of the peripheral bottom border of the rectangular opening (15, 16) of Choi in view of Dean further in view of Paoluccio with a second pad (120) peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to skin of the user as taught by Milligan to have provided an improved face shield that provides foam material that is both cushioning and resilient (Col. 5 lines 36-38) to provide optimal comfort to a user. Therefore, the combination of Choi in view of Dean in view of Paoluccio further in view of Milligan results in a second pad (120 of Milligan) secured to the inner face of the curved transparent plate (as previously modified above, pad 120 of Milligan is secured to the interior surface of face shield 10 of Dean, as pad 120 of Milligan borders spectacle sockets 15, 16 of Dean).
Regarding claim 7, Choi in view of Dean further in view of Paoluccio discloses the invention as discussed in claim 6.
Choi in view of Dean further in view of Paoluccio is silent on a second pad secured to the inner face of the curved transparent plate, the second pad peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to the skin of the user.
However, Milligan teaches an analogous rectangular opening (D) (see Figs. 8-10; vision aperture D) and a second pad (120) secured to the inner face of the curved plate (80), the second pad (120) peripherally bordering the rectangular opening (D) (see Figs. 8-10 and Col. 7 lines 65-68 et seq. Col. 8 lines 1-5; face guard 80 comprises pads 110 and 120, thus pad 120 is a second pad that is secured or attached to the inner face or surface of the face guard 80, which is a curved plate as face guard 80 is formed with a curvature, and a portion of the pad 120 peripherally borders the vision aperture D), wherein the second pad (120) is made from a light foam that is configured to be non-irritating to the skin of the user (see Figs. 8-10 and Col. 5 lines 36-42, Col. 6 lines 4-8; the pad 120 is made from the same material as pads 50,52 of another embodiment, and thus pad 120 is made from a light foam material and thus is configured to be non-irritating to skin of the user), providing foam material that is both cushioning and resilient (Col. 5 lines 36-38) to provide optimal comfort to a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inner surface of face shield (10) of the peripheral bottom border of the rectangular opening (15, 16) of Choi in view of Dean further in view of Paoluccio with a second pad (120) peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to skin of the user as taught by Milligan to have provided an improved face shield that provides foam material that is both cushioning and resilient (Col. 5 lines 36-38) to provide optimal comfort to a user. Therefore, the combination of Choi in view of Dean in view of Paoluccio further in view of Milligan results in a second pad (120 of Milligan) secured to the inner face of the curved transparent plate (as previously modified above, pad 120 of Milligan is secured to the interior surface of face shield 10 of Dean, as pad 120 of Milligan borders spectacle sockets 15, 16 of Dean).
Claim 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Dean in view of Boulware in view of Milligan further in view of Paoluccio.
Regarding claim 4, Choi discloses a face shield (10) for use with dental loupes (see Fig. 1; face shield 10 is capable of use with dental loupes), comprising:
a curved transparent plate (14) having an outer face that is flat and in a single plane (see Figs. 1 and 2A; face shield 10 has a transparent member 14 which is curved around a user’s face as seen in Fig. 1, and has an outer face which is the exterior side of transparent plate 14 and is flat and in a single plane), an inner face that is flat and in the single plane (see Figs. 1 and 2A; transparent member 14 has an inner face which is the interior side of transparent member 14 and is flat and in the single plane), opposed upper and lower ends, and laterally opposed side edges which extend laterally such that the laterally opposed side edges are adapted to cover half of a user’s ears when the face shield is worn by the user (see Annotated Fig. 1 of Choi; the opposed upper end is labeled UE and opposed lower end is labeled LE, and there are laterally opposed side edges, labeled in Annotated Fig. 1 of Choi as SE, and these laterally opposed side edges SE extend laterally and are capable of covering half of a user’s ear when the face shield is worn by the user, depending on a user’s anatomy, e.g., the size of a user’s head/ears);
a first pad (16) secured to the inner face of the curved transparent plate (14) adjacent the upper end thereof (see Annotated Fig. 1 of Choi and [0015]; flexible support member 16, which is made out of foam, and thus is a first pad is secured to the inner face of transparent member 14 adjacent or near the upper end UE thereof), the first pad (16) being adapted for releasable positioning against a forehead of the user when the curved transparent plate (14) is worn on a head of the user (see Fig. 1; flexible support member 16 is adapted for releasable positioning against a forehead of a user when transparent member 14 is worn on a head of the user, as a user can remove the device from the user’s head, and thus removing the flexible support member 16 as well), wherein the first pad (16) has a thickness (see Fig. 1 and 2A; the flexible support member 16 inherently has a thickness), wherein the first pad (16) is made from a light foam that is configured to be non-irritating to skin of the user (see [0015]; the flexible support member 16 is made from a foam material which is light and is configured to be non-irritating to skin of the user), and wherein the first pad (16) has opposed upper and lower ends, and laterally opposed side edges (see Figs. 1-3; the flexible support member 16 has opposed upper and lower ends which are the top and bottom ends/edges of the flexible support member 16, and the flexible support member 16 has laterally opposed side edges which are the left/right edges of the flexible support member 16); and
a first strap (12) connected to the laterally opposed side edges adjacent the first pad (16) (see Figs. 1 and 2A, and [0015]-[0016]; strap 12 is a first strap that is connected to right side 24 and left side 26 as seen in Fig. 2A, and thus is connected to the laterally opposed side edges SE, see Annotated Fig. 1 of Choi, adjacent or near the flexible support member 16), the first strap (12) being adapted to encircle the head of the user (see Fig. 1; strap 12 is adapted to encircle the head of the user).
Choi is silent on a rectangular opening being formed through the curved transparent plate, the rectangular opening being laterally elongated; the rectangular opening being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough, wherein the first pad is sized such that an eyeglass frame of the dental loupes abuts the rectangular opening when the dental loupe is also worn on the head of the user; wherein the first pad has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad abut the laterally opposed side edges of the curved transparent plate; and a second pad secured to the inner face of the curved transparent plate, the second pad peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to skin of the user; a pair of laterally opposed tabs secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ear; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Dean teaches an analogous face shield (face shield 10) comprising a rectangular opening (15, 16) being formed through the curved transparent plate, the rectangular opening (15, 16) being laterally elongated (see Figs. 2 and 7, and Col. 5 lines 44-68; spectacle sockets 15, 16 are used to hold the spectacles, as seen in Fig. 7, and thus are rectangular in shape as the definition of rectangular is “having edges, surfaces, or faces that meet at right angles,” https://www.merriam-webster.com/dictionary/rectangular, and the sockets 15, 16 have four corners/edges that meet at right angles, and is laterally elongated as spectacle sockets 15, 16 are the same shape as the spectacles of Fig. 7 extend horizontally, and the sockets 15, 16 are formed through the curved transparent plate of face shield 10), the rectangular opening (15, 16) being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough (see Figs. 1-2; when face shield 10 is worn on a head of the user, the spectacle sockets 15, 16 are located adjacent or near eyes of the user, such that loups are capable of partially projecting therethrough, as the spectacles project therethrough from spectacle sockets 15, 16), and a pair of laterally opposed tabs secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ears (the ends of the spectacle in Fig. 7 are interpreted as laterally opposed tabs, see Annotated Fig. 7 of Dean, as they project outwards towards a helix level of the user’s ears, and are indirectly secured to the laterally opposed side edges of the face shield 10), providing a face shield that is a full-face shield which virtually ensures the wearer complete protection from any spattering liquids (see Col. 6 lines 28-31 of Dean), while still being able to wear spectacles/dental loupes with the shield.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the face shield (10) of Choi with a rectangular opening (15, 16) and spectacles as taught by Dean such that the rectangular opening is formed through the curved transparent plate, the rectangular opening being located adjacent eyes of the user when the curved transparent plate is worn on the head of the user, such that dental loupes worn by the user at least partially project therethrough, and such that a pair of laterally opposed tabs are secured to the laterally opposed side edges of the curved transparent plate, wherein the pair of laterally opposed tabs are adapted to extend towards a helix level of the user’s ears as taught by Dean to have provided an improved face shield that is a full-face shield which virtually ensures the wearer complete protection from any spattering liquids (see Col. 6 lines 28-31 of Dean), while still being able to wear spectacles/dental loupes with the shield. Therefore, the combination of Choi in view of Dean results in wherein the first pad (16 of Choi) is sized such that an eyeglass frame (spectacles of Dean) of the dental loupes abuts the rectangular opening (15, 16 of Dean) when the dental loupes is also worn on the head of the user (see Figs. 1-2 and 6 of Dean; as previously modified above, the flexible support member 16 of Choi is sized such that the spectacles of Dean abuts the sockets 15, 16 of Dean as the spectacles are force fit into the sockets as seen in Fig. 6 of Dean when dental loupes are worn on the head of the user).
Choi in view of Dean discloses the invention as discussed above.
Choi in view of Dean is silent on wherein the first pad has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad abut the laterally opposed side edges of the curved transparent plate; a second pad secured to the inner face of the curved transparent plate, the second pad peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to skin of the user; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Boulware teaches an analogous face shield (10) and an analogous first pad (18) (see Figs. 1-5; face mask 10 has foam padding 18 and thus is an analogous first pad), and wherein the first pad (18) has laterally opposed side edges which extend laterally such that the laterally opposed side edges of the first pad (18) abut the laterally opposed side edges of the curved transparent plate (12) (see Figs. 1-4; the foam padding 18 has laterally opposed side edges as the foam padding 18 extends laterally from left to right as best seen in Figs. 3 and 5, and the laterally opposed side edges extend laterally such that the laterally opposed side edges of the foam padding 18 abut the laterally opposed side edges of the transparent face shield 12 via hook and loop fasteners as best seen in Fig. 3-5), providing a forehead pad with enough surface area to properly cushion a user’s head for better comfort.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the laterally opposed side edges of the first pad (16 of Choi) in the device of Choi in view of Dean to abut the laterally opposed side edges of the curved transparent plate as taught by Boulware to have provided an improved face shield that provides a forehead pad with enough surface area to properly cushion a user’s head for better comfort.
Choi in view of Dean further in view of Boulware discloses the invention as discussed above.
Choi in view of Dean further in view of Boulware is silent on a second pad secured to the inner face of the curved transparent plate, the second pad peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to skin of the user; and a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Milligan teaches an analogous rectangular opening (D) (see Figs. 8-10; vision aperture D) and a second pad (120) secured to the inner face of the curved plate (80), the second pad (120) peripherally bordering the rectangular opening (D) (see Figs. 8-10 and Col. 7 lines 65-68 et seq. Col. 8 lines 1-5; face guard 80 comprises pads 110 and 120, thus pad 120 is a second pad that is secured or attached to the inner face or surface of the face guard 80, which is a curved plate as face guard 80 is formed with a curvature, and a portion of the pad 120 peripherally borders the vision aperture D), wherein the second pad (120) is made from a light foam that is configured to be non-irritating to skin of the user (see Figs. 8-10 and Col. 5 lines 36-42, Col. 6 lines 4-8; the pad 120 is made from the same material as pads 50,52 of another embodiment, and thus pad 120 is made from a light foam material and thus is configured to be non-irritating to skin of the user), providing foam material that is both cushioning and resilient (Col. 5 lines 36-38) to provide optimal comfort to a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inner surface of face shield (10) of the peripheral bottom border of the rectangular opening (15, 16) of Choi in view of Dean further in view of Boulware with a second pad (120) peripherally bordering the rectangular opening, wherein the second pad is made from a light foam that is configured to be non-irritating to skin of the user as taught by Milligan to have provided an improved face shield that provides foam material that is both cushioning and resilient (Col. 5 lines 36-38) to provide optimal comfort to a user. Therefore, the combination of Choi in view of Dean in view of Boulware further in view of Milligan results in a second pad (120 of Milligan) secured to the inner face of the curved transparent plate (as previously modified above, pad 120 of Milligan is secured to the interior surface of face shield 10 of Dean, as pad 120 of Milligan borders spectacle sockets 15, 16 of Dean).
Choi in view of Dean in view of Boulware further in view of Milligan discloses the invention as discussed above.
Choi in view of Dean in view of Boulware further in view of Milligan is silent on a second strap connected to the laterally opposed tabs, the second strap adapted to encircle the head of the user.
However, Paoluccio teaches an analogous face shield (10) and an analogous pair of laterally opposed tabs (21, 21) (see Fig. 10A; the temple members 21, 21 are a pair of laterally opposed tabs as the definition of tab is “a short projection device…”, https://www.merriam-webster.com/dictionary/tab, and thus the temple members 21, 21 projects/extends towards a helix level of a user’s ear as seen in Fig. 10A), and a second strap (33) connected to the laterally opposed tabs (21, 21), the second strap (33) adapted to encircle the head of the user (see Fig. 10A and Col. 6 lines 17-26; safety strap 33 is connected to the temple members 21 as seen in Fig. 10A, and is adapted to encircle the head of the user), providing a safety strap to prevent slipping (see Col. 6 lines 24-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pair of laterally opposed tabs of Choi in view of Dean in view of Boulware further in view of Milligan with a safety strap 33 as taught by Paoluccio to have provided an improved face shield that has a second strap connected to the laterally opposed tabs adapted to encircle the head of the user to prevent the face shield from slipping (see Col. 6 lines 24-26), as the face shield is further retained on the wearer’s head.
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.
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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