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
The following section is in reference to the Applicant’s Arguments and Amendments filed September 15, 2025.
The applicant’s cancellation of Claim 22 has been acknowledged
The applicant’s amended dependency of Claims 23-24 to Claim 10 is acknowledged
The applicant’s amendments to Claims 1, 3, 10, and 30 regarding the third filter structure and the speech diaphragm retainer is acknowledged
Applicant’s arguments with respect to independent Claims 1, 10, and 30 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.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morgan et al. (US 20110036347 A1, hereinafter “Morgan”).
Regarding Claim 1, Morgan discloses a respirator mask (Paragraph 0027, FIG. 1 is an illustration of a human user 102 wearing a filter mask, or respirator, 100 during interaction with another person 104 in accordance with one embodiment of the present disclosure), comprising:
a face piece configured for contacting at least a portion of a face of a user (Paragraph 0030, The filter mask 100 includes an oronasal cup 200 that encloses a wearer's nose and mouth within an interior chamber 1000 (shown in FIG. 12) defined by the oronasal cup 200), (Paragraph 0037, The diverter body 216 and the oronasal cup 200 may be a unitary body);
a head harness configured for attaching the respirator mask to a head of the user (Paragraph 0030, The filter mask 100 is joined with several straps 222 that couple the filter mask 100 to the wearer's head);
a plurality of openings on the face piece, wherein the plurality of openings includes a first opening, a second opening (Figure 2, inhalation ports 202), a third opening (Figure 13, opening 1104), and a fourth opening (Figure 3, opening 310),
a first filter associated with the first opening, a second filter associated with the second opening (Paragraph 0030, filters 204 are coupled with the inhalation ports 202),
a third filter associated with the third opening on the face piece (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002)
and a speech diaphragm associated with the fourth opening (Paragraph 0038, The voice transmitter 218 may be a mechanical voice transmitter formed of a body that mechanically vibrates in response to the wearer's voice to transmit the wearer's voice outside of the mask 100. The transmitter 218 may operate without electricity and may not include any electronic components), (Paragraph 0039, The opening 310 may receive a component, such as the voice transmitter 218, that is held in place by the diverter body 216);
wherein the first and second filters are configured for a passage of ambient air to an interior of the face piece (Paragraph 0030, filters 204 are coupled with the inhalation ports 202 such that the filters 204 are fluidly coupled with the interior chamber 1000 of the oronasal cup 200 and filter air that is inhaled into the oronasal cup 200 through the inhalation ports 202. The filters 204 may be particulate filters or a combination filter), (Paragraph 0010, The mask includes an oronasal cup, an inhalation duct, and an exhalation duct),
wherein the third filter is configured for a passage of air exhaled by the user wearing the respirator mask from the interior of the face piece to the ambient air (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216 (shown in FIG. 2). For example, the opening 1104 may provide a passageway that fluidly couples the plenum defined by the exhalation diverter body 216 and the oronasal cup 200), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002) and reduces a passage of aerosolized particulate matter exhaled by the user to the ambient air (Paragraph 0063, The exhalation filter 1102 may remove one or more contaminants, such as aerosols, pathogens, toxins, and the like, from air that is exhaled by the wearer of the filter mask 100. Exhaled air passes through the opening 1006 in the interior flap 1002)
wherein the third filter, for exhalation, comprises a first connector (Paragraph 0063, the interior flap 1002 encloses an exhalation filter 1102 (shown in FIG. 11) when the flap 1002 is pivoted to a closed position. The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216 (shown in FIG. 2)), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002),
and the third opening comprises a second connector configured to receive the first connector (Paragraphs 0061-0062, The oronasal cup 200 includes the interior flap 1002 within the interior chamber 1000 of the oronasal cup 200 […] The interior flap 1002 is pivotally joined to the exhalation diverter body 216 or the oronasal cup 200 by a hinge 1004. For example, the interior flap 1002 may pivot between a closed position (shown in FIG. 12) and an open position (shown in FIG. 13). The interior flap 1002 includes an opening 1006 that extends through the interior flap 1002 between opposite sides 1008 (shown in FIG. 12), 1100 (shown in FIG. 13) of the flap 1002. As shown in FIGS. 12 and 13, the opening 1006 may have different shapes on the different sides 1008, 1100),
such that the third filter is removably attachable to the face piece (Paragraph 0064, The interior flap 1002 may be pivoted to the open position to remove and/or replace the exhalation filter 1102 (shown in FIG. 11))
Regarding the operation of the first connector and second connector, Morgan discloses “the flap 1002 is pivoted to a closed position” (Paragraph 0061) and further “The interior flap 1002 may be pivoted to the open position to remove and/or replace the exhalation filter 1102 (shown in FIG. 11)” (Paragraph 0064). As a function of the operation of the “hinge 1004” to permit the opening and closing as seen in Figure 12 and 13. By convention, when two components are joined by a hinge and are able to be pivoted relative to each other to an open or closed position, there is a retaining structure opposing the hinged joint which operates to retain the engagement of the two components in a latched closed position as seen in Figure 12 of Morgan, or an unlatched open position as seen in Figure 13 of Morgan. As shown in Figure 13, there is a retaining structure (L-shaped feature on the interior flap 1002 proximate nasal bridge region of the respirator mask) opposing the hinge 1004 on the interior flap 1002 that serves as a connector.
Nevertheless, should the Applicant respectfully disagree, the Examiner presents McQuilkin et al. (US 5575802 A, hereinafter “McQuilkin”) as extrinsic evidence that the when two components are joined by a hinge and are able to be pivoted relative to each other to an open or closed position, there is a retaining structure opposing the hinged joint which operates to retain the engagement of the two components in a latched closed position or an unlatched open position. As seen in Figures 1 and 2, of McQuilkin, the upper flap 12 engages the lower flap 14 at the region of a hinge 16, and includes an opposing retaining structure 126/128 of the upper flap 12 and a locking engagement structure150/152 of the lower flap 14.
Regarding Claim 3, Morgan discloses all of the limitations of Claim 1. Morgan further discloses: wherein each of the first and second filters comprise a first connector, wherein the corresponding openings on the face piece comprise a second connector (Paragraph 0030, filters 204 are coupled with the inhalation ports 202 such that the filters 204 are fluidly coupled with the interior chamber 1000 of the oronasal cup 200 and filter air that is inhaled into the oronasal cup 200 through the inhalation ports 202), (Paragraph 0031, Inhalation directional covers 206 are coupled with the filters 204. The directional covers 206 may protect the filters 204 from being contaminated by droplet spray from people in the vicinity of the wearer of the mask 100. For example, the outer surface 228 may block the majority of a droplet spray directed toward the filter 204 from reaching the filter 204),
and wherein the first connector and the second connector are configured to permit removable attachment of the filter to the face piece (Paragraph 0030, The filters 204 may be replaceable or may be permanently mounted to the mask 100), (Paragraph 0036, The directional covers 206 may be removable from the filter 204)
Regarding Claim 4, Morgan discloses all of the limitations of Claim 1. Morgan further discloses: wherein each of the first, second, and third filter meets bacterial and viral filtering efficiency for medical or non-medical use (Paragraph 0030, In one embodiment, the filters 204 are NIOSH P-100 filters. In another embodiment, the filters 204 are combination filters such as NIOSH P-100 filters with NIOSH OV chemical protection), (Paragraph 0027, The filter mask 100 protects the user 102 that is wearing the filter mask 100 from inhalation of airborne contaminants, such as foreign bodies, pathogens, bacteria, toxins, aerosols, and contamination of the oronasal region by droplet spray by controlling the direction(s) in which air is inhaled into the mask 100)
Claim Rejections - 35 USC § 103
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Heimbuch et al. (US 10835704 B1, hereinafter “Heimbuch”)
Regarding Claim 2, Morgan discloses all of the limitations of Claim 1. Morgan further discloses: wherein each of the first, second, and third filters are valveless two-way filters (Paragraph 0029, The filter mask 100 includes one or more ducts that direct air that is exhaled by the user 102 along exhalation directions 110 into the atmosphere surrounding the user 102. As shown in FIG. 1, as the user 102 exhales, the filter mask 100 directs the exhaled air out of the filter mask 100 and along the exhalation directions 110 directed away from the plane of interaction 106. For example, the filter mask 100 may direct exhaled air away from the plane of interaction 106 and the user 104. In one embodiment, the exhaled air is directed downward with respect to the nose and mouth of the user 102).
Being that there is no explicit valve mechanism to prevent airflow both ways, but instead a duct arrangement for inhalation and exhalation, the filters disclosed by Morgan would be capable of two-way filtration.
However, if the Applicant is not convinced, Heimbuch also discloses: wherein the filters are valveless, two-way filters (Figure 5, Column 9, lines 50-60, air is drawn into the mask 110 via the first and second vents 171, 172, through respective first and second gaps 181, 182, and across respective first and second particulate air filters 141, 142 … the exhaled breath of the user passes in the opposite direction through the air filters 141, 142 across the gaps 181, 182, and out of the mask 110 via the vents 171, 172). As shown in Figure 5, the filters contain no valve elements.
It would have been obvious to one skilled in the art before the effective filing date to incorporate the 2-way filter cartridges taught by Heimbuch with the openings taught by Morgan, as this assembly is an art-recognized alternative means for respiratory protection. Furthermore, the filtration assembly disclosed by Heimbuch provides effective filtration of contaminates and particulates (Column 1, lines 49-56, embodiments of this disclosure provide an elastomeric half-mask respirator that is reusable and adapted to filter at least 95% of airborne particles for both non-oil-based and oil-based aerosols as well as viable and non-viable microorganisms (e.g., N95, R95, P95, N99, R99, P99, N100, R100, P100 filter class)).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Klinger (US 3124130 A).
Regarding Claim 6, Morgan discloses all of the limitations of Claim 1. Morgan further discloses: speech membrane is an acoustic membrane (Paragraph 0038, The voice transmitter 218 may be a mechanical voice transmitter formed of a body that mechanically vibrates in response to the wearer's voice to transmit the wearer's voice outside of the mask 100. The transmitter 218 may operate without electricity and may not include any electronic components)
However, Morgan is silent regarding whether an elastomeric gasket surrounds a perimeter of the acoustic membrane
Klinger does disclose: wherein the speech diaphragm is an acoustic membrane (Figure 3, Column 1, lines 68-70, A speaking diaphragm 9 of disk-shape is provided which may be of vinyl plastic cast film of the order of .004 inch thickness and 1 13/16 inch diameter) and wherein an elastomeric gasket surrounds a perimeter of the acoustic membrane (Column 1, lines 65-68, a diaphragm seal or ring 8 of rubber or other suitable sealing material).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Morgan with Klinger to select the appropriate materials for better functionality of the speech diaphragm.
Regarding Claim 7, Morgan in view Klinger discloses all of the limitations of Claim 6. Klinger further discloses: wherein the face piece comprises a recess (Column 1, lines 61-65, The unit 4 comprises a diaphragm holder shell 5 of cylindrical form having a radially inwardly extending flange 6 and an inner surface 7 and made preferably of molded plastic material) surrounding the fourth opening, and wherein the gasket is received within the recess (Figure 2, Column 1, lines 65-68, a diaphragm seal or ring 8 of rubber or other suitable sealing material is rested against flange 6 to provide a dust- tight fit therewith.)
Regarding Claim 8, Morgan in view Klinger discloses all of the limitations of Claim 7. Klinger further discloses: wherein the gasket has a first sealing surface configured for making a first point of contact with the recess and a second sealing surface configured for making a second point of contact with the recess (Figure 2, Column 1, lines 65-68, a diaphragm seal or ring 8 of rubber or other suitable sealing material is rested against flange 6 to provide a dust- tight fit therewith).
Claims 10, 23-24, 27, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Montesi (US 4603692 A), further in view of Hansel et al. (US 20160059051 A1, hereinafter “Hansel”).
Regarding Claim 10, Morgan discloses: A respirator mask (Paragraph 0027, FIG. 1 is an illustration of a human user 102 wearing a filter mask, or respirator, 100 during interaction with another person 104 in accordance with one embodiment of the present disclosure), comprising:
a face piece configured for contacting at least a portion of a face of a user (Paragraph 0030, The filter mask 100 includes an oronasal cup 200 that encloses a wearer's nose and mouth within an interior chamber 1000 (shown in FIG. 12) defined by the oronasal cup 200), (Paragraph 0037, The diverter body 216 and the oronasal cup 200 may be a unitary body);
a head harness configured for attaching the respirator mask to a head of the user (Paragraph 0030, The filter mask 100 is joined with several straps 222 that couple the filter mask 100 to the wearer's head);
two air inlets positioned on the face piece (Figure 2, inhalation ports 202), each air inlet having at least one first filter configured for passage of ambient air to an interior of the face piece (Paragraph 0030, filters 204 are coupled with the inhalation ports 202 such that the filters 204 are fluidly coupled with the interior chamber 1000 of the oronasal cup 200 and filter air that is inhaled into the oronasal cup 200 through the inhalation ports 202. The filters 204 may be particulate filters or a combination filter), (Paragraph 0010, The mask includes an oronasal cup, an inhalation duct, and an exhalation duct);
an air outlet positioned on the face piece (Figure 13, opening 1104),
the air outlet having at least one second filter configured for a passage of air exhaled by the user wearing the respirator mask from the interior of the face piece to the ambient air (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216 (shown in FIG. 2). For example, the opening 1104 may provide a passageway that fluidly couples the plenum defined by the exhalation diverter body 216 and the oronasal cup 200), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002) and reduce a passage of aerosolized particulate matter exhaled by the user to the ambient air (Paragraph 0063, The exhalation filter 1102 may remove one or more contaminants, such as aerosols, pathogens, toxins, and the like, from air that is exhaled by the wearer of the filter mask 100. Exhaled air passes through the opening 1006 in the interior flap 1002).
a speech opening positioned on the face piece (Figure 3, opening 310), comprising a speech diaphragm (Paragraph 0038, The voice transmitter 218 may be a mechanical voice transmitter formed of a body that mechanically vibrates in response to the wearer's voice to transmit the wearer's voice outside of the mask 100. The transmitter 218 may operate without electricity and may not include any electronic components), (Paragraph 0039, The opening 310 may receive a component, such as the voice transmitter 218, that is held in place by the diverter body 216);
Morgan does not disclose: wherein the head harness comprises a yoke, wherein the yoke comprises a retainer configured to accommodate the speech diaphragm and inhibit disconnection of the speech diaphragm from the mask during use.
However, Montesi does disclose: wherein the head harness comprises a yoke (Figure 1, yoke 12), (Figure 2, Column 3, lines 35-43, The yoke 12 is comprised of a unitary lamina and includes a central or medial portion 30, which, … the buttons having suitably undercut portions to restrain them from removal from the apertures 32,32, and for them to retain the yoke 12 firmly attached to the face piece 10 with the said central portion 30 engaged by and firmly seated on the planar surface 20 of the face piece)
wherein the yoke comprises a retainer configured to accommodate the speech diaphragm (Column 2, lines 42-45, The yoke is also apertured to accommodate a frontly positioned exhalation valve, or a speaking diaphragm or cartridge if such device is provided), (Figure 1, Column 36-42, yoke 12 in addition to being provided with apertures at 38, also is provided with a central aperture 42 which extends entirely through the central portion 30 and into the respective wing portions 34. In this manner, yoke 12 is of universal application to face pieces having lateral support members for attachment) and inhibit disconnection of the speech diaphragm from the mask during use (Column 3, lines 38-43, the buttons having suitably undercut portions to restrain them from removal from the apertures 32,32, and for them to retain the yoke 12 firmly attached to the face piece 10 with the said central portion 30 engaged by and firmly seated on the planar surface 20 of the face piece)
Regarding the structure of the yoke, Montesi discloses the distribution of forces across the face piece to assist in comfortably securing a respirator to a user’s face Columns 4-5, lines 63-4, by seating the central portion 30 of the yoke 12 on the planar surface 20 of the face piece, unequal stresses imposed on the wings by the elastic straps are further equalized and uniformly distributed within the yoke. The forces are resolved in the face piece 10 as a substantially uniform force acting perpendicularly of the front face of the face piece, and thus throughout the entire perimeter of the mask, this resulting in the elimination of high pressure spots or zones, such as can cause severe discomfort and annoyance to the wearer of the respirator). Based on the positioning of the apertures presented by Montesi in Figure 1, it would be capable of retaining and inhibiting disconnection of the speech diaphragm taught by Morgan.
It would have been obvious to one skilled in the art before the effective filing date to modify the headgear taught by Morgan to provide a yoke assembly so as to more effectively secure and support the attachments along the face piece.
If the Applicant is not convinced, Hansel also discloses wherein the head harness comprises a yoke (Paragraph 0022, A typical APR further comprises a retaining member (15) that assists with keeping the APR in sealed connection with the wearer's face. In the APR shown in FIG. 1, the retaining member (15) is a strap configured to wrap around the back of the wearer's head on one side, and, on the other side, connects to the APR through one or more attachment points (17) that attach to the APR attachment pins (9)),
wherein the yoke comprises a retainer configured to accommodate the speech diaphragm and inhibit disconnection of the speech diaphragm from the mask during use (Paragraph 0036, the main housing (19) may further comprise APR attachment points (17) configured to attach to APR attachment pins (9). In this preferred embodiment, an attachment point (17) is disposed on either side of the amplifier housing portion (27). When said attachment points (17) are coupled to the attachment pins (9) of an APR, they assist with holding the device in place on the APR, and specifically assist with maintaining a sealed connection between said outlet port portion (29) and the outlet port of an APR (5). Further optionally, the main housing (19) may additionally comprise substitute attachment pins (53) for connection to a retaining member (15). In the preferred embodiment shown in FIGS. 5 and 6, the substitute attachment pins (53) are coupled to the APR attachment points of a retaining member (15). The retaining member (15) optionally provides additional assistance and support in holding the APR in place on the wearer's face and in maintaining a sealed connection between said first portion (43) of said extension body (35) and the outlet port of an APR (5)).
Both Morgan and Hansel depict a similar housing structure for the exhalation and voice transmittal ports (Morgan, Figures 2 and 10, exhalation diverter body 216), (Hansel, Figures 3 and 5, main housing 19). It would have been obvious to one skilled in the art before the effective filing date to modify the headgear taught by Morgan to provide a yoke assembly so as to more effectively secure and support the attachments along the face piece.
Regarding Claim 23, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 10. Montesi further discloses: wherein the retainer comprises at least one opening to permit unmuffled travel of sound waves from the speech diaphragm (Column 2, lines 42-45, The yoke is also apertured to accommodate a frontly positioned exhalation valve, or a speaking diaphragm or cartridge if such device is provided)
Regarding Claim 24, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 10. Montesi further discloses: wherein the head harness comprises at least one adjustable strap and the yoke comprises a pair of slots (Figure 1, bails 40), (Column 4, lines 35-37, Bails 40 are provided on the yoke for the attachment of the usual elastic straps (not shown) used for holding the respirator positioned on the user's head) on opposing sides of the retainer configured for connection to the at least one adjustable strap of the head harness (Column 1, lines 5-10, This invention related to a yoke by means of which a harness of elastic straps may be attached to the face piece of a respirator, the straps being employed for securing the face piece over the nasal and oral areas of a user's face in surrounding sealing relationship with those areas), (Column 5, lines 58-61, The outermost ones of those portions are provided by a major portion of the wings 34, the bails 40 for connection of the straps being located at the outermost adjacent pairs of corners of the respective wing portions 34)
Regarding Claim 27, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 10. Morgan further discloses: the mask comprises at least one first air passage configured for passage of ambient air to an interior of the face piece (Paragraph 0028, The filter mask 100 includes ducts that direct air to be inhaled by the user 102 generally along inhalation directions 108 from the atmosphere surrounding the user 102), (Paragraph 0030, The inhalation ports 202 provide openings extending into the interior chamber 1000 of the oronasal cup 200) and at least one second air passage configured for passage of exhaled air from the interior of the face piece to the ambient air (Paragraph 0029, The filter mask 100 includes one or more ducts that direct air that is exhaled by the user 102 along exhalation directions 110 into the atmosphere surrounding the user 102), (Paragraph 0037, he diverter body 216 provides one or more exhalation ports 306, 308 (shown in FIG. 3) at a lower end 230 of the exhalation diverter body 216 that are fluidly coupled with the interior chamber 1000 (shown in FIG. 12) of the nose mask 200)
Regarding Claim 29, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 27. Morgan further discloses: wherein the at least one first air passage and the at least one second air passage have separate filters for filtering the ambient (Paragraph 0030, filters 204 are coupled with the inhalation ports 202 such that the filters 204 are fluidly coupled with the interior chamber 1000 of the oronasal cup 200 and filter air that is inhaled into the oronasal cup 200 through the inhalation ports 202. The filters 204 may be particulate filters or a combination filter) and the exhaled air (Paragraph 0063, the interior flap 1002 encloses an exhalation filter 1102 (shown in FIG. 11) when the flap 1002 is pivoted to a closed position. The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216 (shown in FIG. 2)), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002)
Claims 11-12 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Montesi (US 4603692 A), in view of Hansel (US 20160059051 A1), further in view of Betz et al. (US 8839788 B2, hereinafter “Betz”).
Regarding Claim 11, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 10. Morgan teaches masks with ducts including valve elements (Paragraph 0004, For example, the exhalation duct prevents ambient contaminants from entering the area adjacent to the exhalation valve prior to the valve closing during inhalation), but does not explicitly disclose the respirator 100 including valves.
Betz does disclose: wherein the air inlets comprise a one-way air inhalation valve that is configured to be in an open position during inhalation and in a closed position during exhalation (Figure 1, cheek inhalation valves 18). (Column 4, lines 4-7, While FIG. 1 and FIG. 2 illustrate a respiratory protection mask 10 having one or two cheek inhalation valves 18, and a nasal exhalation valve 16, and a nasal speaking diaphragm 14, any useful respiratory protection configuration is possible), (Column 5, lines 25-28, A diaphragm 25 can be fixed to the respirator attachment body portion 20. This diaphragm 25 is biased against the respirator attachment body portion 20 to allow unidirectional air flow through the respirator attachment body portion 20)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized teaching of valves into the respirator assembly taught by Morgan, in order to provide an additional degree of separation between the filtered air flow chambers and allow for direct and unimpeded paths of flow.
Regarding Claim 12, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 10. Morgan teaches masks with ducts including valve elements (Paragraph 0004, For example, the exhalation duct prevents ambient contaminants from entering the area adjacent to the exhalation valve prior to the valve closing during inhalation), but does not explicitly disclose the respirator 100 including valves.
Betz does disclose: wherein the air outlet comprises a one-way air exhalation valve that is configured to be in an open position during exhalation and in a closed position during inhalation (Figure 1, nasal exhalation valve 16). (Column 4, lines 4-7, While FIG. 1 and FIG. 2 illustrate a respiratory protection mask 10 having one or two cheek inhalation valves 18, and a nasal exhalation valve 16, and a nasal speaking diaphragm 14, any useful respiratory protection configuration is possible).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized teaching of valves into the respirator assembly taught by Morgan, in order to provide an additional degree of separation between the filtered air flow chambers and allow for direct and unimpeded paths of flow. Montesi and Hansel also both disclose the incorporation of exhalation valve elements in respirator assemblies (Montesi, Column 2, lines 42-45, The yoke is also apertured to accommodate a frontly positioned exhalation valve, or a speaking diaphragm or cartridge if such device is provided), (Hansel, Paragraph 0007, this port includes one-way valve assembly, such as a flap valve, configured to allow air to escape from the APR during the wearer's exhalation, but which prevents air from the outside environment from entering the APR during inhalation)
Regarding Claim 30, Morgan discloses: A respirator mask (Paragraph 0027, FIG. 1 is an illustration of a human user 102 wearing a filter mask, or respirator, 100 during interaction with another person 104 in accordance with one embodiment of the present disclosure), comprising:
a face piece configured for contacting at least a portion of a face of a user (Paragraph 0030, The filter mask 100 includes an oronasal cup 200 that encloses a wearer's nose and mouth within an interior chamber 1000 (shown in FIG. 12) defined by the oronasal cup 200), (Paragraph 0037, The diverter body 216 and the oronasal cup 200 may be a unitary body);
a head harness configured for attaching the respirator mask to a head of the user (Paragraph 0030, The filter mask 100 is joined with several straps 222 that couple the filter mask 100 to the wearer's head);
a first air inlet on the face piece (Figure 2, inhalation ports 202) wherein a first filter is associated with the first air inlet opening (Paragraph 0030, filters 204 are coupled with the inhalation ports 202),
a second air inlet on the face piece (Figure 2, inhalation ports 202), wherein a second filter is associated with the second air inlet (Paragraph 0030, filters 204 are coupled with the inhalation ports 202),
wherein the first air inlet and the second air inlet are positioned on opposing lateral sides of the face piece (Paragraph 0020, the filter mask 100 includes inhalation ports 202 (shown in FIG. 3) on opposite sides of the oronasal cup 200 in the illustrated embodiment. The inhalation ports 202 provide openings extending into the interior chamber 1000 of the oronasal cup 200);
an air outlet on the face piece (Figure 13, opening 1104), wherein third filter is associated with the air outlet (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002)
a speech opening on the face piece (Figure 3, opening 310), wherein a speech diaphragm is associated with the speech opening (Paragraph 0038, The voice transmitter 218 may be a mechanical voice transmitter formed of a body that mechanically vibrates in response to the wearer's voice to transmit the wearer's voice outside of the mask 100. The transmitter 218 may operate without electricity and may not include any electronic components), (Paragraph 0039, The opening 310 may receive a component, such as the voice transmitter 218, that is held in place by the diverter body 216)
wherein the air outlet and the speech opening are positioned in front of the face piece (Figures 1 and 12, Paragraph 0037, The filter mask 100 includes an exhalation diverter body 216 that directs exhaled air out of the filter mask 100 along the exhalation directions 110), (Paragraph 0038, In the illustrated embodiment, the filter mask 100 includes a voice transmitter 218 that is coupled with the diverter body 216)
Morgan does not explicitly teach the air outlet above the speech opening. However, it would have been obvious to one skilled in the art before the effective filing date to modify the positioning of the speech diaphragm. It would provide an alternative configuration of the respirator that does not impede its existing operation and functionality. Both the third and fourth openings are positioned in the same relative area as a part of the “exhalation diverter body 216”. Furthermore, switching the speech diaphragm to be the lower of the two openings would place it closer to a wearer’s mouth.
wherein the first and second filters are configured for passage of ambient air to an interior of the face piece (Paragraph 0030, filters 204 are coupled with the inhalation ports 202 such that the filters 204 are fluidly coupled with the interior chamber 1000 of the oronasal cup 200 and filter air that is inhaled into the oronasal cup 200 through the inhalation ports 202. The filters 204 may be particulate filters or a combination filter), (Paragraph 0010, The mask includes an oronasal cup, an inhalation duct, and an exhalation duct),
wherein the third filter is configured for passage of air exhaled by the user wearing the respirator mask from the interior of the face piece to the ambient air (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216 (shown in FIG. 2). For example, the opening 1104 may provide a passageway that fluidly couples the plenum defined by the exhalation diverter body 216 and the oronasal cup 200), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002) and to reduce a passage of aerosolized particulate matter exhaled by the user to the ambient air (Paragraph 0063, The exhalation filter 1102 may remove one or more contaminants, such as aerosols, pathogens, toxins, and the like, from air that is exhaled by the wearer of the filter mask 100. Exhaled air passes through the opening 1006 in the interior flap 1002),
Morgan does not disclose: wherein the head harness comprises a yoke, wherein the yoke comprises a retainer configured to accommodate the speech diaphragm and inhibit disconnection of the speech diaphragm from the mask during use.
However, Montesi does disclose: wherein the head harness comprises a yoke (Figure 1, yoke 12), (Figure 2, Column 3, lines 35-43, The yoke 12 is comprised of a unitary lamina and includes a central or medial portion 30, which, … the buttons having suitably undercut portions to restrain them from removal from the apertures 32,32, and for them to retain the yoke 12 firmly attached to the face piece 10 with the said central portion 30 engaged by and firmly seated on the planar surface 20 of the face piece)
wherein the yoke comprises a retainer configured to accommodate the speech diaphragm (Column 2, lines 42-45, The yoke is also apertured to accommodate a frontly positioned exhalation valve, or a speaking diaphragm or cartridge if such device is provided), (Figure 1, Column 36-42, yoke 12 in addition to being provided with apertures at 38, also is provided with a central aperture 42 which extends entirely through the central portion 30 and into the respective wing portions 34. In this manner, yoke 12 is of universal application to face pieces having lateral support members for attachment) and inhibit disconnection of the speech diaphragm from the mask during use (Column 3, lines 38-43, the buttons having suitably undercut portions to restrain them from removal from the apertures 32,32, and for them to retain the yoke 12 firmly attached to the face piece 10 with the said central portion 30 engaged by and firmly seated on the planar surface 20 of the face piece)
Regarding the structure of the yoke, Montesi discloses the distribution of forces across the face piece to assist in comfortably securing a respirator to a user’s face Columns 4-5, lines 63-4, by seating the central portion 30 of the yoke 12 on the planar surface 20 of the face piece, unequal stresses imposed on the wings by the elastic straps are further equalized and uniformly distributed within the yoke. The forces are resolved in the face piece 10 as a substantially uniform force acting perpendicularly of the front face of the face piece, and thus throughout the entire perimeter of the mask, this resulting in the elimination of high pressure spots or zones, such as can cause severe discomfort and annoyance to the wearer of the respirator). Based on the positioning of the apertures presented by Montesi in Figure 1, it would be capable of retaining and inhibiting disconnection of the speech diaphragm taught by Morgan.
It would have been obvious to one skilled in the art before the effective filing date to modify the headgear taught by Morgan to provide a yoke assembly so as to more effectively secure and support the attachments along the face piece.
If the Applicant is not convinced, Hansel also discloses wherein the head harness comprises a yoke (Paragraph 0022, A typical APR further comprises a retaining member (15) that assists with keeping the APR in sealed connection with the wearer's face. In the APR shown in FIG. 1, the retaining member (15) is a strap configured to wrap around the back of the wearer's head on one side, and, on the other side, connects to the APR through one or more attachment points (17) that attach to the APR attachment pins (9)),
wherein the yoke comprises a retainer configured to accommodate the speech diaphragm and inhibit disconnection of the speech diaphragm from the mask during use (Paragraph 0036, the main housing (19) may further comprise APR attachment points (17) configured to attach to APR attachment pins (9). In this preferred embodiment, an attachment point (17) is disposed on either side of the amplifier housing portion (27). When said attachment points (17) are coupled to the attachment pins (9) of an APR, they assist with holding the device in place on the APR, and specifically assist with maintaining a sealed connection between said outlet port portion (29) and the outlet port of an APR (5). Further optionally, the main housing (19) may additionally comprise substitute attachment pins (53) for connection to a retaining member (15). In the preferred embodiment shown in FIGS. 5 and 6, the substitute attachment pins (53) are coupled to the APR attachment points of a retaining member (15). The retaining member (15) optionally provides additional assistance and support in holding the APR in place on the wearer's face and in maintaining a sealed connection between said first portion (43) of said extension body (35) and the outlet port of an APR (5)).
Both Morgan and Hansel depict a similar housing structure for the exhalation and voice transmittal ports (Morgan, Figures 2 and 10, exhalation diverter body 216), (Hansel, Figures 3 and 5, main housing 19). It would have been obvious to one skilled in the art before the effective filing date to modify the headgear taught by Morgan to provide a yoke assembly so as to more effectively secure and support the attachments along the face piece.
Morgan in view of Montesi and/or Hansel discloses all of the limitations above. Morgan teaches masks with ducts including valve elements (Paragraph 0004, For example, the exhalation duct prevents ambient contaminants from entering the area adjacent to the exhalation valve prior to the valve closing during inhalation), but does not explicitly disclose the respirator 100 including valves.
Betz does disclose:
wherein the first air inlet and the first filter include a one-way inhalation valve that is configured to be in an open position during inhalation and in a closed position during exhalation (Column 3, lines 44-47, one or more inhalation valves 18 with an optional chemical or particulate filtration cartridge connected to one or more of the inhalation valves 18), (Column 5, lines 25-28, A diaphragm 25 can be fixed to the respirator attachment body portion 20. This diaphragm 25 is biased against the respirator attachment body portion 20 to allow unidirectional air flow through the respirator attachment body portion 20);
wherein the second air inlet and the second filter include a one-way inhalation valve that is configured to be in an open position during inhalation and in a closed position during exhalation (Column 3, lines 44-47, one or more inhalation valves 18 with an optional chemical or particulate filtration cartridge connected to one or more of the inhalation valves 18), (Column 5, lines 25-28, A diaphragm 25 can be fixed to the respirator attachment body portion 20. This diaphragm 25 is biased against the respirator attachment body portion 20 to allow unidirectional air flow through the respirator attachment body portion 20),
wherein the air outlet and third filter include a one-way exhalation valve that is configured to be in an open position during exhalation and closed position during inhalation (Figure 2, two nasal openings 13), (Figure 2, nasal exhalation valve 16), (Column 6, lines 17-19, The exhalation valve 16 includes a polymeric rigid respirator attachment body portion 30)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized teaching of valves into the respirator assembly taught by Morgan, in order to provide an additional degree of separation between the filtered air flow chambers and allow for direct and unimpeded paths of flow. Furthermore, both Montesi and Hansel also disclose the incorporation of exhalation valve elements in respirator assemblies (Montesi, Column 2, lines 42-45, The yoke is also apertured to accommodate a frontly positioned exhalation valve, or a speaking diaphragm or cartridge if such device is provided), (Hansel, Paragraph 0007, this port includes one-way valve assembly, such as a flap valve, configured to allow air to escape from the APR during the wearer's exhalation, but which prevents air from the outside environment from entering the APR during inhalation)
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Montesi (US 4603692 A), in view of Hansel (US 20160059051 A1), in view of Betz (US 8839788 B2), further in view of Japuntich et al. (US 20020023651 A1, hereinafter “Japuntich”).
Regarding Claim 25, Morgan in view of Montesi, Hansel, and Betz discloses all of the limitations of Claim 12. Morgan discloses: wherein the at least one second filter is disposed within the air outlet (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002), but does not explicitly teach the filter being between the exhalation valve and the interior of the face piece
Japuntich does disclose: wherein the at least one second filter (Figure 4, filter element 32) is disposed within the air outlet between the exhalation valve and the interior of the face piece (Paragraph 0058, the exhale filter element 32 is placed on the interior of the mask body 24 upstream to the opening 52 in the filter media. As in the previous embodiment, the exhaled air lifts flexible flap 42 upon exiting orifice 45 and then passes out ports 53 in valve cover 54. Exhaled air passes through exhale filter element 32 before passing through filter media opening 52 and valve orifice 45).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the arrangement of a filtration element in relation to an exhalation valve as taught by the different embodiments of Japuntich. It is known in the art to have alternative filter positions in accordance with a user’s needs or in accordance with the structure of an assembly.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Montesi (US 4603692 A), in view of Hansel (US 20160059051 A1), in view of Betz (US 8839788 B2), further in view of Beard et al. (US 20220126132 A1, hereinafter “Beard”).
Regarding Claim 26, Morgan in view of Montesi, Hansel, and Betz discloses all of the limitations of Claim 12. Morgan teaches one second filter is disposed outside the air outlet (Paragraph 0063, The exhalation filter 1102 is disposed in an opening 1104 that extends through the oronasal cup 200 to the exhalation diverter body 216), (Paragraph 0062, A filter media, such as a fibrous planar filter media, may be disposed within the opening 1006 to filter exhaled air that passes through the flap 1002) but does not explicitly teach the filter being disposed outside the air outlet in front of the air exhalation valve
Betz teaches filter elements attached to the air inhalation valve (Figure 3, Column 6, lines 5-10, The filtered air source element can be attached to the illustrated inhalation valve 18 via a bayonet attachment element 27 on the respirator attachment body portion 20. This bayonet attachment element 27 mates with a complementary element on the filtered air source element), but does not disclose one second filter is disposed outside the air outlet in front of the air exhalation valve
Beard does explicitly disclose wherein the at least one second filter is disposed outside the air outlet in front of the air exhalation valve (Paragraph 0026, FIG. 1 illustrates a filter 100 that may be installed on a PAPR 500 (see FIG. 2) to provide filtration of exhaled air. Advantageously, the configuration of FIG. 1 may be retrofit to a preexisting PAPR 500 that did not originally include an exhalation filter. In FIG. 1, the mask 510 is illustrated detached from the rest of the PAPR 500. The exhalation valve 520 (illustrated in FIG. 3) is covered by the filter 100), (Paragraph 0036, FIG. 4 illustrates another configuration of the filter 100 where the filtration media 110 is fitted to a frame 1120 which fits directly around the exhalation valve 520 (not visible in FIG. 4) and seals either to the body of the exhalation valve 520 or to the surrounding surfaces of the mask 510)
It would have been obvious to one skilled in the art before the effective filing date to attach a filtered air source element as taught by Morgan to the exhalation valve, just as the filtered air source element was attached to inhalation valve along the cheek openings in Betz. Beard teaches a variety of embodiments of the outlet filter that can be modified to attach to an exhalation valve on different respirators.
Claim 28 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Morgan (US 20110036347 A1) in view of Montesi (US 4603692 A), in view of Hansel (US 20160059051 A1), further in view of Thompson et al. (US 20180311516 A1, hereinafter “Thompson”)
Regarding Claim 28, Morgan in view of Montesi and Hansel discloses all of the limitations of Claim 27. Morgan does not disclose: wherein the at least one first air passage and the at least one second air passage share a common filter for filtering both the ambient and the exhaled air
Thompson does disclose: wherein the at least one first air passage and the at least one second air passage share a common filter for filtering both the ambient and the exhaled air (Paragraph 0054, The mask body 112 may be composed of any suitable material(s) … Examples of suitable materials, but are not limited to … filtering structures and/or filter materials, cushioning and/or dampening materials, shape memory materials, and/or the like. In some embodiments, some or an approximate entirety of the mask body 112 is fabricated from one or more filter materials such that at least a portion of the body 112 has a filtering