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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/01/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
The claim amendment filed 11/18/2024 and Remarks filed 09/09/2025 have been entered. Currently, claims 1, 4-7, 14, and 31-43 remain pending in the application.
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive. The rejection written below maintains the primary reference, Chen et al. (WO 2016058163 A1), and secondary references, Choi (U.S. Patent Pub. No. 20120047614; as evinced by Hawley [U.S. Patent No. US 2162551]), Duffy (U.S. Patent Pub. No. 20150059773), Miyashita et al. (JP H10286319 A), and Botelho et al. (U.S. Patent Pub. No. 20160138221), for teaching all the secondary limitations in the claims.
4. Applicant makes the argument that “the strap is not adjustable because it elastically expands when worn but rather because of the fastener buckle that allows it to adjust in size” (Remarks, Page 3, Paragraph 2).
In response to Applicant’s argument (Remarks, Page 3, Paragraph 2), Applicant’s emphasis and interpretation in these Remarks filed 09/09/2025 now specifically defines for examination purposes “adjustable strap” as explicitly not adjustable because of its own broadly interpreted inherent adjustable elastic resiliency but rather due to a fastener that allows for size adjustment. The rejection written below is modified to correspond to this new interpretation of “adjustable” without any changing of the scope of the combination of references as a whole.
5. Applicant makes the argument that “Choi is a shield and thereby not capable of being a filter device to provide clean air to breath” (Remarks, Page 4, Paragraphs 1-4).
In response to Applicant’s argument (Remarks, Page 4, Paragraphs 1-4), Chen already discloses a filtering structure comprising filter media and cover web. The filter media/cover web of Chen also comprises an aperture to receive/fasten the ear/head strap. Thereby, in the relied upon embodiment there is no staples or welds or bonds but rather just the aperture through the fabric acting as a fastener, in as much as that of Applicant’s fabric aperture. This aperture in the filter media/cover web of Chen is then modified by Choi such that the fastener has a sawtooth profile, as taught by the sawtooth aperture of Choi for adjustably/incrementally fastening a head strap. Choi may not teach an analogous filtering structure as defined by air-permeability in light of the specifications, but nonetheless Choi still continues to teaches a similar face worn structure (even though the face worn structure of Choi is formed by impermeable plastic as opposed to permeable filter media/cover web of Chen), with an analogous aperture for receiving/fastening an analogous strap comprising the sawtooth gripping structure. Hence, Applicant may be persuasive in that Choi is not in the same field of endeavor as filtering structures, but nonetheless Chois is still pertinent as being in the same problem faced by the inventor of an aperture fastener for receiving a head/ear strap of face worn structures. See MPEP 2141.01(A).
6. Applicant makes the argument that “reliance on Hawley is not understood. Hawley reports a method of making elastic fabric. Hawley describes how a board 14 can be used to push or crowd the fibers of the fabric to impart different ornamental appearances. One of those appearances is a sawtooth edge. The Office says that "Hawley ... provides evidence ... that a saw tooth shape can be formed in a fabric material; Hence, Choi teaches apertures in a filtering structure with gripping sawtooth and Hawley evinces a technique wherein a sawtooth shape can be formed in a fabric, such as the fabric of Chen, without damaging or fraying the fabric material." (Office Action, page 4). On top of the fact that Choi certainly does not teach "apertures in a filtering structure," it is not understood what "fabric of Chen" the Office is referring to (Chen's filter media? Chen's straps?). It is also not understood how the "fabric of Chen" is relevant to understanding the disclosure of Choi as evidenced by Hawley. Respectfully, Applicants cannot make sense of the manner in which the Office is characterizing or combining these references” (Remarks, Page 4, Paragraph 5 and Page 5, Paragraphs 1-2).
In response to Applicant’s argument (Remarks, Page 4, Paragraph 5 and Page 5, Paragraphs 1-2).
In response to Applicant’s argument, Hawley is an evidentiary reference to the conceptual teaching reference of Choi. Hawley simply proves that the combination of Chen in view of Choi as a whole, wherein the filter media/cover web of Chen has a sawtooth aperture, is actually achievable because Hawley evinces that fabric is able to be cut in a sawtooth shape without fraying. Hence, a method to make a fastener aperture within the filter media/cover web of Chen a sawtooth shape as taught by the analogous sawtooth-shaped strap fastener aperture of Choi would not be performed by methods of Choi since Choi is applied to plastics but would rather be performed based on the sawtooth shaped non-fraying fabric methods of Hawley.
Accordingly, the combination of references is maintained below.
Claim Interpretation
7. The term “adjustable strap” as defined in Remarks filed 09/09/2025 is interpreted as not adjustable because of its own broadly interpreted inherent adjustable elastic resiliency but rather due to a fastener that allows for size adjustment.
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.
Claims 1, 4-5, 14, 32-34, and 36-38 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2016058163 A1) in view of Choi [U.S. Patent Pub. No. 20120047614; and as evidenced by Hawley (U.S. Patent No. US 2162551)].
Regarding claim 1, Chen discloses a filtering face-piece respirator 10 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, filtering respirator 10 with mask body 20 having filtering structure 500 comprising outer cover web 504, multiple filter media layers 508, and inner cover web 502. Adjacent to perimeter of mask body 12 are tabs 30,40 with mechanical openings for fastening with respective right and left ear loop straps 60) , comprising: a mask body 12 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5) comprising a filtering structure 500 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5), the filtering structure 500 comprising one or more layers of filter media 508 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5) and one or more layers of cover web 502,504 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5); a first attachment region (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and see annotated Figures 4-5 below, first attachment region is construed as a lower area of right tab 30 comprising the mechanical fastener openings and comprising filtering structure 500 positioned adjacent to perimeter of mask body 12 and is construed as a first attachment region) disposed on the filtering structure 500 adjacent to a perimeter of the mask body 12 and comprising one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, ear loop strap slot fastener openings in the inner layer 33 of the tab 30, wherein the tab 30 is comprised of the filtering structure 500) in the filtering structure 500; and a first strap 60 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right ear loop portion 60 is passed/threaded through the aperture in the lower portion of the right tab 30 to then be attached to inner surface of filtering structure 500 and inner surface 33 of tab 30) threaded through the one or more apertures of the first attachment region.
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Although Chen discloses the fastener apertures of the first attachment region, Chen fails to explicitly the one or more apertures comprise a gripping portion that adjustably retains the first strap within the one or more apertures.
Choi (as evinced by Hawley) teaches a similar face worn structure (Paragraphs 15, 19 and Figures 1 and 3, facie shield 10) wherein analogous the apertures 38,44 (Paragraph 19 and Figure 3, apertures 38,44 through face filtering structure layer 14) comprise a gripping portion 66 (Paragraph 19 and Figure 3, teethed 66 slots through the face filtering structure layer to adjust and hold the elastically adjustable strap 12; Hawley further provides evidence in Page 2, Col. 4, lines 34-37 and Figure 1, that a sawtooth shape can be formed in a fabric material; Hence, Choi teaches apertures in a filtering structure with gripping sawtooth and Hawley evinces a technique wherein a sawtooth shape can be formed in a fabric, such as at the aperture of the fabric of Chen, without damaging or fraying the fabric material. Thereby, a method to make a fastener aperture within the filter media/cover web of Chen a sawtooth shape as taught by the analogous sawtooth-shaped strap fastener aperture of Choi would not be performed by methods of Choi since Choi is applied to plastics but would rather be performed based on the sawtooth shaped non-fraying fabric methods of Hawley) that adjustably retains the analogous strap 12 (Paragraphs 15, 19 and Figures 1 and 3) which is adjustable, within the analogous apertures 38,44.
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the apertures in the filtering structure for receiving the first strap of Chen, so that the apertures comprise a gripping portion for providing adjustable retention within the one or more apertures, as taught by Choi (as evinced by Hawley), in order to provide an improved filtering face-piece respirator with enhanced apertures that increasingly function as mechanical fasteners by allowing adjustment through the aperture and then gripping at that desirable pass through of the strap via a plurality of teeth of the aperture (Choi, Col. 2, lines 25-40).
Regarding claim 4, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above. Chen further discloses wherein the mask body 12 comprises a flange 30 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right tab 30 is construed as a flange/tab 30 projects from the mask body 12), wherein the first attachment region is disposed on the flange 30 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener opening on lower first portion of right flange tab 30).
Regarding claim 5, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above. Chen further discloses wherein the one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener opening on tab 30 that are not located on breathable zone of the mask body 12. Breathable zone is further defined as front central portion of mask body 12) do not extend into a breathable zone of the mask body 12.
Regarding claim 14, Chen discloses a method of forming a filtering face-piece respirator 10 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, filtering respirator 10 with mask body 20 having filtering structure 500 comprising outer cover web 504, multiple filter media layers 508, and inner cover web 502. Adjacent to perimeter of mask body 12 are tabs 30,40 with mechanical openings for fastening with respective right and left ear loop straps 60) comprising disposing a first attachment region (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and see annotated Figures 4-5 above, first attachment region is construed as lower area of right tab 30 comprised comprising filtering structure 500 is positioned adjacent to perimeter of mask body 12 and is construed as a first attachment region) on a mask body 12 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5) of filtering face-piece respirator 10, wherein disposing the first attachment region comprises: disposing one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, ear loop strap mechanical fastener openings in the inner layer 33 of the tab 30, wherein the tab 30 is comprised of the filtering structure 500) in a filtering structure 500 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5) of the mask body 12 adjacent to a perimeter of the mask body 12; wherein the filtering structure 500 comprising one or more layers of filter media 508 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5) and one or more layers of cover web 502,504 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5); a first strap 60 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right ear loop portion 60 is passed/threaded through the mechanical opening in the lower portion of the right tab 30 to then be attached to inner surface of filtering structure 500 and inner surface 33 of tab 30) through the one or more apertures of the first attachment region.
Although Chen discloses the fastener apertures of the first attachment region, Chen fails to explicitly the one or more apertures comprising a gripping portion such that the first strap is adjustably retained within the one or more apertures
Choi (as evinced by Hawley) teaches an similar face worn structure (Paragraphs 15, 19 and Figures 1 and 3, facie shield 10) wherein analogous apertures 38,44 (Paragraph 19 and Figure 3, apertures 38,44 through face filtering structure layer 14) comprise a gripping portion 66 (Paragraph 19 and Figure 3, teethed 66 slots through the face filtering structure layer to receive the elastically adjustable strap 12; Hawley further provides evidence in Page 2, Col. 4, lines 34-37 that a sawtooth shape can be formed in a fabric material; Hence, Choi teaches apertures in a filtering structure with gripping sawtooth and Hawley evinces a technique wherein a sawtooth shape can be formed in a fabric, such as the fabric of Chen, without damaging or fraying the fabric material. Thereby, a method to make a fastener aperture within the filter media/cover web of Chen a sawtooth shape as taught by the analogous sawtooth-shaped strap fastener aperture of Choi would not be performed by methods of Choi since Choi is applied to plastics but would rather be performed based on the sawtooth shaped non-fraying fabric methods of Hawley) that adjustably retains the analogous strap 12 (Paragraphs 15, 19 and Figures 1 and 3) that is adjustable, within the analogous apertures 38,44.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the apertures in the filtering structure for receiving the first strap of Chen, so that the apertures comprise a gripping portion for providing adjustable retention within the one or more apertures, as taught by Choi (as evinced by Hawley), in order to provide an improved filtering face-piece respirator with enhanced apertures that increasingly function as mechanical fasteners by allowing adjustment through the aperture and then gripping at that desirable pass through of the strap via a plurality of teeth of the aperture (Choi, Col. 2, lines 25-40).
Regarding claim 32, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above and further discloses a second attachment region (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and see annotated Figures 4-5 below, second attachment region is construed as upper area of right tab 30 comprising fastener openings and comprising filtering structure 500 is positioned adjacent to perimeter of mask body 12 ) disposed on the filtering structure 500 adjacent to the perimeter of the mask body 12 and comprising one or more apertures (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, ear loop strap mechanical fastener openings in the inner layer 33 of the tab 30, wherein the tab 30 is comprised of the filtering structure 500) in the filtering structure 500, wherein the first adjustable strap 60 (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right ear loop portion 60 is passed/threaded through the mechanical opening in the upper portion of the right tab 30 to then be attached to inner surface of filtering structure 500 and inner surface 33 of tab 30; Choi as evinces by Hawley, strap is adjustable via gripping teeth fastener) is threaded through the one or more apertures (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5) of the second attachment region.
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Although Chen discloses the fastener apertures of the second attachment region, Chen fails to explicitly the one or more apertures of the second attachment region comprise a gripping portion that adjustably retains the first adjustable strap.
Choi (as evinced by Hawley) further teaches a similar face worn structure (Paragraphs 15, 19 and Figures 1 and 3, facie shield 10) wherein analogous apertures 38,44 (Paragraph 19 and Figure 3, apertures 38,44 through face filtering structure layer 14) comprise a gripping portion 66 (Paragraph 19 and Figure 3, teethed 66 slots through the face filtering structure layer to receive the elastically adjustable strap 12; Hawley further provides evidence in Page 2, Col. 4, lines 34-37 that a sawtooth shape can be formed in a fabric material; Hence, Choi teaches apertures in a filtering structure with gripping sawtooth and Hawley evinces a technique wherein a sawtooth shape can be formed in a fabric, such as the fabric of Chen, without damaging or fraying the fabric material) that adjustably retains the analogous adjustable strap 12 (Paragraphs 15, 19 and Figures 1 and 3) within the analogous apertures 38,44.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the apertures in the second attachment region for receiving the first adjustable strap of Chen, so that the apertures comprise a gripping portion for providing adjustable retention, as taught by Choi (as evinced by Hawley), in order to provide an improved filtering face-piece respirator with enhanced apertures that increasingly function as mechanical fasteners by allowing adjustment through the aperture and then gripping at that desirable pass through via a plurality of teeth of the aperture (Choi, Col. 2, lines 25-40).
Regarding claim 33, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above. Chen further discloses wherein the mask body 12 comprises a flange 30 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right tab 30 is construed as a flange as tab 30 projects from the mask body 12), wherein the first and second attachment regions are disposed on the flange (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener openings on lower first and upper second attachment regions of right flange tab 30).
Regarding claim 34, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above. Chen further discloses wherein the one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener opening on lower first and upper second attachment regions of right flange tab 30 that are not located on breathable zone of the mask body 12. Breathable zone is further defined as front central portion of mask body 12) of the first and second attachment regions do not extend into a breathable zone of the mask body 12.
Regarding claim 36, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above and further discloses a second attachment region (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and see Annotated Figures 4-5 below, second attachment region is construed as lower portion of left tab 40 at the area comprising the mechanical fastener opening and comprising filtering structure 500 is positioned adjacent to perimeter of mask body 12 and is construed as a second attachment region) disposed on the filtering structure 500 adjacent to the perimeter of the mask body 12 and comprising one or more apertures (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, ear loop strap mechanical fastener openings in the inner layer 43 of the tab 40, wherein the tab 40 is comprised of the filtering structure 500) in the filtering structure 500, and a second adjustable strap 60 (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, left ear loop portion 60 is passed/threaded through the mechanical opening in the lower portion of the left tab 40 to then be attached to inner surface of filtering structure 500 and inner surface 43 of tab 40; Choi as evinces by Hawley, strap is adjustable via gripping teeth fastener)threaded through the one or more apertures of the second attachment region.
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Although Chen discloses the fastener apertures of the second attachment region (Chen, Page 11, lines 3-10, the straps can be attached to the attachment regions slots formed at the left or right attachment locations for entrapping the strap material, etc.) Chen fails to explicitly the one or more apertures of the second attachment region comprise a second gripping portion that adjustably retains the second adjustable strap.
Choi (as evinced by Hawley) further teaches a similar face worn structure (Paragraphs 15, 19 and Figures 1 and 3, facie shield 10) wherein analogous apertures 38,44 (Paragraph 19 and Figure 3, apertures 38,44 through face filtering structure layer 14) comprise a gripping portion 66 (Paragraph 19 and Figure 3, teethed 66 slots through the face filtering structure layer to receive the elastically adjustable strap 12; Hawley further provides evidence in Page 2, Col. 4, lines 34-37 that a sawtooth shape can be formed in a fabric material; Hence, Choi teaches apertures in a filtering structure with gripping sawtooth and Hawley evinces a technique wherein a sawtooth shape can be formed in a fabric, such as the fabric of Chen, without damaging or fraying the fabric material) that adjustably retains the analogous adjustable strap 12 (Paragraphs 15, 19 and Figures 1 and 3) within the analogous apertures 38,44.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the apertures in the second attachment region for receiving the second adjustable strap of Chen, so that the apertures comprise a gripping portion for providing adjustable retention, as taught by Choi (as evinced by Hawley), in order to provide an improved filtering face-piece respirator with enhanced apertures that increasingly function as mechanical fasteners by allowing adjustment through the aperture and then gripping at that desirable pass through via a plurality of teeth of the aperture (Choi, Col. 2, lines 25-40).
Regarding claim 37, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above. Chen further discloses wherein the mask body 12 comprises a flange 30,40 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right tab 30 and left tab 40 are construed as a flange as tabs 30,40 are projecting from the mask body 12), wherein the first and second attachment regions are disposed on the flange (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener openings on lower first and lower second attachment regions of right tab 30 and left tab 40).
Regarding claim 38, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above. Chen further discloses wherein the one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener opening on lower first and lower second attachment regions of right tab 30 and left tab 40, respectively, that are not located on breathable zone of the mask body 12. Breathable zone is further defined as front central portion of mask body 12) of the first and second attachment regions do not extend into a breathable zone of the mask body 12.
Claims 6, 35, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2016058163 A1) in view of Choi [U.S. Patent Pub. No. 20120047614; and as evidenced by Hawley (U.S. Patent No. US 2162551)], as applied to claim 1, and in further view of Lee (U.S. Patent Pub. No. 20050051172).
Regarding claim 6, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above but fails to explicitly disclose wherein a circumference of the one or more apertures of the first attachment region is less than a circumference of the first adjustable strap.
Lee teaches an analogous filtering face-piece respirator 400 (Paragraphs 39, 86, 89 and Figure 14, disposable dust protective mask 400) wherein a circumference of the analogous one or more apertures 421 (Paragraph 89 and Figure 13, outer supporting piece 421 forming aperture for strap 200 to pass therethrough wherein the circumference of the aperture is less than circumference of strap 200 to restrain strap during mask use) of the analogous first attachment region (Paragraph 86 and Figures 12 and 14, first attachment region construed as a lower area of the right side attachment body 410) is less than a circumference of the analogous first adjustable strap 200 (Paragraph 89 and Figure 13, right strap 200 that is adjustable via fastening).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the aperture of the first attachment region of Chen in view of Choi (as evinced by Hawley), so that a circumference of the apertures of the first attachment region is less than a circumference of the first adjustable strap, as taught by Lee, in order to provide an improved filtering face-piece respirator with an enhanced aperture that elastically clamps the adjustable strap via a smaller diameter to prevent strap movement during respirator use thereby increasing securement after adjustment (Lee, Paragraph 89).
Regarding claim 35, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above but fails to explicitly disclose wherein a circumference of the one or more apertures of the first and second attachments region is less than a circumference of the first adjustable strap.
Lee teaches an analogous filtering face-piece respirator 400 (Paragraphs 39, 86, 89 and Figure 14, disposable dust protective mask 400) wherein a circumference of the analogous one or more apertures 421 (Paragraph 89 and Figure 13, outer supporting piece 421 forming aperture for strap 200 to pass therethrough wherein the circumference of the aperture is less than circumference of strap 200 to restrain strap during mask use) of the analogous first and second attachment region (Paragraph 86 and Figures 12 and 14, first attachment region construed as a lower area of the right side attachment body 410, and second attachment region construed as an upper area of the right side attachment body 410) is less than a circumference of the analogous first adjustable strap 200 (Paragraph 89 and Figure 13, right strap 200 that is adjustable via fastening).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the apertures of the first and second attachment regions of Chen in view of Choi (as evinced by Hawley), so that a circumference of the apertures of the first and second attachment regions is less than a circumference of the first adjustable strap, as taught by Lee, in order to provide an improved filtering face-piece respirator with enhanced apertures that elastically clamps the adjustable strap via a smaller diameter to prevent strap movement during respirator use thereby increasing securement after adjustment (Lee, Paragraph 89).
Regarding claim 39, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above but fails to explicitly disclose wherein a circumference of the one or more apertures of the first and second attachments region is less than a circumference of the first adjustable strap and a circumference of the second adjustable strap.
Lee teaches an analogous filtering face-piece respirator 400 (Paragraphs 39, 86, 89 and Figure 14, disposable dust protective mask 400) wherein a circumference of the analogous one or more apertures 421 (Paragraph 89 and Figure 13, outer supporting piece 421 forming aperture for strap 200 to pass therethrough wherein the circumference of the aperture is less than circumference of strap 200 to restrain strap during mask use) of the analogous first and second attachment region (Paragraph 86 and Figures 12 and 14, first attachment region construed as a lower area of the right side attachment body 410, and second attachment region construed as a lower area of the left side attachment body 410) is less than a circumference of the analogous first adjustable strap 200 (Paragraph 89 and Figure 13, right side strap 200 that is adjustable via fastening) and a circumference of the analogous second adjustable strap 200 (Paragraph 89 and Figure 13, left side strap 200 that is adjustable via fastening).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the apertures of the first and second attachment regions of Chen in view of Choi (as evinced by Hawley), so that a circumference of the apertures of the first and second attachment regions is less than a circumference of the first and second adjustable straps, as taught by Lee, in order to provide an improved filtering face-piece respirator with enhanced apertures that elastically clamps the adjustable strap via a smaller diameter to prevent strap movement during respirator use thereby increasing securement after adjustment (Lee, Paragraph 89).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2016058163 A1) in view of Choi [U.S. Patent Pub. No. 20120047614; and as evidenced by Hawley (U.S. Patent No. US 2162551)], as applied to claim 1, and in further view of Miyashita et al. (JP H10286319 A) and Botelho et al. (U.S. Patent Pub. No. 20160138221).
Regarding claim 7, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above but fails to explicitly disclose (1) wherein the first attachment region comprises a buckle that is integral with the mask body; (2) first and second linear welds that form the one or more apertures.
Miyashita teaches an analogous filtering face-piece respirator 1 (Page 2/9, Paragraph 4-5, and Page 3/9, Paragraphs 10-17 and Figures 1-2, face mask 1) wherein the analogous first attachment region (Page 2/9, Paragraph 4-5, and Page 3/9, Paragraphs 10-17 and Figures 1-2, right side of face mask 1 where ear loop 3 attaches is construed as first attachment region, and left side of face mask 1 where second ear loop 3 attaches is construed as a second attachment region) comprises a buckle 6,7 (Page 2/9, Paragraph 4-5, and Page 3/9, Paragraphs 10-17 and Figures 1-2, ear loop cord threaded through openings 6,7 define buckle as cord 3 slides through opening 6 then cord 3 has bridge portion 8 then cord 3 passes through second opening 7, thereby openings 6,7 are construed as a buckle ) that is integral (Page 2/9, Paragraph 4-5, and Page 3/9, Paragraphs 10-17 and Figures 1-2, apertures 6,7 integral with material of mask body 1) with the analogous mask body 1 (Page 2/9, Paragraph 4-5, and Page 3/9, Paragraphs 10-17 and Figures 1-2, mask body of face mask 1)
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the one or more apertures of the first attachment region of Chen in view of Choi (as evinced by Hawley), so that the first attachment region comprises a buckle that is integral with the mask body, as taught by Miyashita, in order to provide an improved filtering face-piece respirator with an enhanced set of apertures that are arranged on the first attachment region to form a buckle configuration wherein the first adjustable strap passes through the first aperture then forms a bridge portion before exiting out a second aperture of the first attachment region to provide desirable strap threading and adjustment for user comfortability (Miyashita, Page 2/9, Paragraph 4-5, and Page 3/9, Paragraphs 10-17).
However, the combination of Chen in view of Choi (as evinced by Hawley) in view of Miyashita fails to explicitly disclose (2) first and second linear welds that form the one or more apertures.
Botelho teaches similar fabric material layers (Paragraphs 88-89 and Figures 8A-8C, fabric body layers) with first and second linear welds (Paragraphs 86, 88-89 and Figures 8A-8C, ultrasonic welding the overlapped fabric edges thereby forming surrounding linear welds, with apertures formed in the linear welds as given by a shape of the projection 340) that form the analogous one or more apertures (Paragraphs 86, 88-89 and Figures 8A-8C, apertures formed in line welds as given by a shape of the projection 340).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the one or more apertures of Chen in view of Choi (as evinced by Hawley) in view of Miyashita so that the apertures are formed from first and second linear welds, as taught by Botelho, in order to provide an improved filtering face-piece respirator with enhanced apertures that are formed from line welds for desirable aperture aligning throughout the fabric layers as well as lowered manufacturing cost (Botelho, Paragraphs 88-89).
Claims 31 and 40-42 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2016058163 A1) in view of Choi [U.S. Patent Pub. No. 20120047614; and as evidenced by Hawley (U.S. Patent No. US 2162551)], as applied to claim 1 and 36, respectively, and in further view of Duffy (U.S. Patent Pub. No. 20150059773).
Regarding claim 31, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above and further discloses wherein the first adjustable strap 60 (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, ear loop portion 60 ; Choi as evinces by Hawley, strap is adjustable via gripping teeth fastener) is threaded through the one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right ear loop portion 60 is passed/threaded through the mechanical opening in the tab 30 to then be attached to inner surface of filtering structure 500 and inner surface 33 of tab 30) of the first attachment region.
However, the combination of Chen in view of Choi (as evinced by Hawley) fails to explicitly disclose wherein the first adjustable strap comprises a first end and a second end, wherein the first end of the first adjustable strap is at the first attachment region and the second end of the first adjustable strap is attached to the mask body.
Duffy teaches an analogous filtering face-piece respirator (Paragraph 50 and Figures 1-2, face mask 10) wherein the analogous first strap (Paragraph 50, there is a first right strap and second left strap that form loops around ear) comprises a first end (Paragraph 50, first end of right ear loop strap connects to first attachment flange region 30a ) and a second end (Paragraph 50, second end of right ear loop strap connects to upper part 18 of mask body 12), wherein the first end of the analogous first adjustable strap is at the analogous first attachment region (Paragraph 50, first attachment region is construed as a portion of the flange 30a at the area that comprises the fastener for the ear strap), and the second end of the analogous first strap is attached to the analogous mask body 10 (Paragraph 50 and Figures 1-2, face mask body 10).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first adjustable strap and a connection of the first adjustable strap with the first attachment region and the mask body of Chen in view of Choi (as evinced by Hawley), so that the first adjustable strap comprises a first end and a second end, wherein the first end of the first adjustable strap is at the first attachment region and the second end of the first adjustable strap is attached to the mask body, as taught by Duffy, in order to provide an improved filtering face-piece respirator with an enhanced first adjustable strap having separate ends with one end attached to the first attachment region and another end attached to the mask body for desirable positioning of the strap and comfortability for the wearer (Duffy, Paragraph 50).
Regarding claim 40, the combination of Chen in view of Choi (as evinced by Hawley) discloses the invention as described above and further discloses wherein the first adjustable strap 60 (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, ear loop portion 60 ; Choi as evinces by Hawley, strap is adjustable via gripping teeth fastener) is threaded through the one or more apertures (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right ear loop portion 60 is passed/threaded through the mechanical opening in the tab 30 to then be attached to inner surface of filtering structure 500 and inner surface 33 of tab 30) of the first attachment region; and the second adjustable strap 60 is threaded through the one or more apertures (Chen, Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, left ear loop portion 60 is passed/threaded through the mechanical opening in the tab 40 to then be attached to inner surface of filtering structure 500 and inner surface 43 of tab 40) of the second attachment region.
However, the combination of Chen in view of Choi (as evinced by Hawley) fails to explicitly disclose wherein the first and second adjustable straps comprises a first end and a second end, wherein the first end of the first adjustable strap is at the first attachment region and the second end of the first adjustable strap is attached to the mask body; and the first end of the second adjustable strap is at the second attachment region and the second end of the second adjustable strap is attached to the mask body.
Duffy teaches an analogous filtering face-piece respirator (Paragraph 50 and Figures 1-2, face mask 10) wherein the analogous first and second strap (Paragraph 50, there is a first right adjustable strap and second left adjustable strap that form loops around ear) comprise a first end (Paragraph 50, first end of right ear loop strap connects to first attachment flange region 30a and first end of left ear loop strap connects to second attachment flange region 30b) and a second end (Paragraph 50, second end of right ear loop strap connects to upper part 18 of mask body 12 and second end of left ear loop strap connects to upper part 18 of mask body 12), wherein the first end of the analogous first strap is at the analogous first attachment region (Paragraph 50, first attachment region is construed as a portion of the flange 30a at the area that comprises the fastener for the right ear strap), and the second end of the analogous first strap is attached to the analogous mask body 10 (Paragraph 50 and Figures 1-2, face mask body 10); and the first end of the analogous second strap is at the analogous second attachment region (Paragraph 50, second attachment region is construed as a portion of the flange 30b at the area that comprises the fastener for the left ear strap), and the second end of the analogous second strap is attached to the analogous mask body 10 (Paragraph 50 and Figures 1-2, face mask body 10)
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first and second adjustable straps and a connection of the first and second adjustable straps with the first and second attachment regions and the mask body of Chen in view of Choi (as evinced by Hawley), so that the first and second adjustable straps comprises a first end and a second end, wherein the first end of the first adjustable strap is at the first attachment region and the second end of the first adjustable strap is attached to the mask body, wherein the first end of the second adjustable strap is at the second attachment region and the second end of the second adjustable strap is attached to the mask body as taught by Duffy, in order to provide an improved filtering face-piece respirator with enhanced first and second adjustable straps, each having separate ends with one end attached to the first and second attachment region and another end attached to the mask body for desirable positioning of the straps and comfortability for the wearer (Duffy, Paragraph 50).
Regarding claim 41, the combination of Chen in view of Choi (as evinced by Hawley) in view of Duffy discloses the invention as described above. Chen further discloses wherein the mask body 12 comprises a flange 30,40 (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, right tab 30 and left tab 40 are construed as a flange as tabs 30,40 are projecting from the mask body 12), wherein the first and second attachment regions are disposed on the flange (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener openings on lower first and lower second attachment regions of right tab 30 and left tab 40).
Regarding claim 42, the combination of Chen in view of Choi (as evinced by Hawley) in view of Duffy discloses the invention as described above. Chen further discloses wherein the one or more apertures (Page 10, lines 24-45, Page 11, lines 7, 11, 15-17, 24, Page 15, lines 28-29, Page 20, lines 12-25, and Figures 4-5, fastener opening on lower first and lower second attachment regions of right tab 30 and left tab 40, respectively, that are not located on breathable zone of the mask body 12. Breathable zone is further defined as front central portion of mask body 12) of the first and second attachment regions do not extend into a breathable zone of the mask body 12.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO 2016058163 A1) in view of Choi [U.S. Patent Pub. No. 20120047614; and as evidenced by Hawley (U.S. Patent No. US 2162551)] in view of Duffy (U.S. Patent Pub. No. 20150059773), as applied to claim 40, and in further view of Lee (U.S. Patent Pub. No. 20050051172).
Regarding claim 43, the combination of Chen in view of Choi (as evinced by Hawley) in view of Duffy discloses the invention as described above but fails to explicitly disclose wherein a circumference of the one or more apertures of the first and second attachments region is less than a circumference of the first adjustable strap and a circumference of the second adjustable strap.
Lee teaches an analogous filtering face-piece respirator 400 (Paragraphs 39, 86, 89 and Figure 14, disposable dust protective mask 400) wherein a circumference of the analogous one or more apertures 421 (Paragraph 89 and Figure 13, outer supporting piece 421 forming aperture for strap 200 to pass therethrough wherein the circumference of the aperture is less than circumference of strap 200 to restrain strap during mask use) of the analogous first and second attachment region (Paragraph 86 and Figures 12 and 14, first attachment region construed as a lower area of the right side attachment body 410, and second attachment region construed as a lower area of the left side attachment body 410) is less than a circumference of the analogous first adjustable strap 200 (Paragraph 89 and Figure 13, right side strap 200 that is adjustable via fastening) and a circumference of the analogous second adjustable strap 200 (Paragraph 89 and Figure 13, left side strap 200 that is adjustable via fastening).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the apertures of the first and second attachment regions of Chen in view of Choi (as evinced by Hawley), so that a circumference of the apertures of the first and second attachment regions is less than a circumference of the first and second adjustable straps, as taught by Lee, in order to provide an improved filtering face-piece respirator with enhanced apertures that elastically clamps the adjustable strap via a smaller diameter to prevent strap movement during respirator use thereby increasing securement after adjustment (Lee, Paragraph 89).
Conclusion
THIS ACTION IS MADE FINAL. 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.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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, Alireza Nia can be reached on +1(571) 270-3076. The f