DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s claims filed 06/30/2025 are acknowledged by the Examiner.
Claims 2-3 and 5-12 remain cancelled.
Claims 1, 4, and 13-31 are pending and currently under examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In light of the amendments to the claims, the office action has been updated, and thus new prior art regarding the primary reference has been introduced. Therefore, the arguments regarding Lu are moot.
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.
Claim(s) 1, 4, 13-14, 17-25, 27, and 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klemann et al. (referred to as “Klemann”) (US 7,290,545 B2) in view of Lauer (US 3,888,246).
Regarding claim 1, Kleman discloses a protective face mask (10) (see Figs. 3-7; face mask 10) comprising:
an outer fabric layer (40) having an upper edge and a lower edge (see Figs. 3-7 and Col. 10 line 12, and Col. 12 lines 29-32 et se. Col. 12 lines 37-45; the face mask 10 has a body portion 12 including a layer 16+layer 40, thus layer 40 is an outer fabric layer as layer 40 may be spunbonded polypropylene or polyethylene and has an upper edge and a lower edge, as labeled in Annotated Fig. 6 of Kleman); and
an inner sealing layer (62) consisting of a single layer comprising a first face that is configured to contact a user’s skin and a second face opposite the first face (see Figs. 3-6; the anti-fog strip 62 is an inner sealing layer as anti-fog strip 62 seals the mask across a user’s nose and is on an inner side of face mask 10 as it directly contacts the user’s nose, and consists of a single layer of material comprising a first face and a second face opposite the first face, see Fig. 3-4, which shows the first face in Fig. 3 and the second face opposite the first face is not shown as it is the face that is directly attached to layer 16), wherein an entirety of the first face is configured to contact the user’s skin wherein an entirety of the first face is configured to contact the user’s skin (see Figs. 3-6; the first face of the anti-fog strip 62 is the entire surface that is configured to contact the user’s skin and thus is shown in Fig. 3 as Fig. 3 shows the inner surface 18 of the face mask which is the surface that faces towards the face of a user), wherein an entirety of the second face is directly disposed on an interior face of the protective face mask (10) and located only on a single side of the outer fabric layer (16) (see Figs. 3-6; the entirety of the second face of the anti-fog strip 62 is directly disposed on inner surface 18 of the face mask 10 and is only located on a single side of layer 16, as best seen in Fig. 4), and wherein the inner sealing layer (62) is configured to create a sealed attachment to the user’s skin (see Figs. 3-6 and Col. 11 lines 19-24 which discusses how the anti-fog strip 62 creates a sealed attachment to the user’s skin).
Kleman is silent on the inner sealing layer consisting of a moldable plastic.
However, Lauer teaches an analogous protective face mask (40) and an analogous inner sealing layer (50), and the inner sealing layer (50) consisting of moldable plastic (see Figs. 6-8 and Col. 3 lines 35-39; air impervious element 50 is an analogous inner sealing layer as air impervious element 50 is attached along the inner surface of face mask 40 and creates a seal, and air impervious element 50 is made out of a thin flexible film of polyethylene or polyvinyl chloride which are moldable plastics), providing a thin, flexible material that substantially completely resists the flow of air or other gas therethrough (see Col. 4 lines 28-44).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the inner sealing layer (62) in the device of Kleman to be a moldable plastic (polyethylene or polyvinyl chloride) as taught by Lauer to have provided an improved protective face mask that has a thin flexible material that substantially completely resists the flow of air or other gas therethrough (see Col. 4 lines 28-44).
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Annotated Fig. 6 of Kleman.
Regarding claim 4, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses an inner fabric layer (16 of Kleman) having an upper edge and a lower edge and being disposed between the inner sealing layer (62 of Kleman) and the outer fabric layer (40 of Kleman) (see Annotated Fig. 6 of Kleman, and see Figs. 3-7 of Kleman; the body portion 12 of Kleman of the face mask 10 of Kleman further includes layer 16 of Kleman which is an inner fabric layer as it is disposed on an inner surface facing the user’s skin, and is disposed between the anti-fog strip 62 of Kleman and the layer 40 of Kleman, as best seen in Fig. 7 of Kleman, and has an upper and lower edge as labeled in Annotated Fig. 6 of Kleman).
Regarding claim 13, Kleman in view of Lauer discloses the invention as discussed in claim 4. Kleman in view of Lauer further discloses wherein the inner sealing layer (62 of Kleman) is disposed on the inner fabric layer (16 of Kleman) (see Figs. 3-7 of Klmea; the anti-fog strip 62 of Kleman is disposed on layer 16 of Kleman as best seen in Fig. 7 of Kleman).
Regarding claim 14, Kleman in view of Lauer discloses the invention as discussed in claim 13. Kleman in view of Lauer further discloses wherein the inner sealing layer (62 of Kleman) is a strip disposed on the inner fabric layer (16 of Kleman) along its upper edge (see Figs. 3-7 of Kleman and Annotated Fig. 6 of Kleman; the anti-fog strip 62 of Kleman is a strip as best seen in Fig. 6 of Kleman, and is disposed on layer 16 of Kleman along its upper edge).
Regarding claim 17, Kleman in view of Lauer discloses the invention as discussed in claim 4. Kleman in view of Lauer further discloses wherein the inner fabric layer (16 of Kleman) is rectangular (as seen in Figs. 3-7 of Kleman, the layer 16 of Kleman is rectangular).
Regarding claim 18, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses wherein the outer fabric layer (40 of Kleman) is rectangular (as seen in Figs. 3-7 of Kleman, the layer 40 of Kleman is rectangular).
Regarding claim 19, Kleman in view of Lauer discloses the invention as discussed in claim 1.
Lauer further teaches an analogous protective face mask (20) (see Figs. 1-4) comprising a wire or bendable metallic material (27) disposed along or within an upper edge of the protective face mask (20) (see Figs. 1-4 and Col. 3 lines 39-41; mask 20 comprises nose clip 27, which may be a thin strip of aluminum which is a bendable metallic material, and nose clip 47 is disposed along an upper edge of the mask 40), providing to assist the inner sealing layer to form a better seal against the user’s face.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the upper edge of the protective face mask in the device of Kleman in view of Lauer with a wire or bendable metallic material (27) as taught by Lauer to have provided an improved protective face mask that assists the inner sealing layer to form a better seal against the user’s face.
Regarding claim 20, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses a pair of straps (66 of Kleman) configured to attach the protective face mask (10 of Kleman) to the user (see Figs. 3-6 of Kleman and Col. 11 lines 46-49 of Kleman; pair of tie straps 66 of Kleman is configured to attach the face mask 10 of Kleman to the user).
Regarding claim 21, Kleman in view of Lauer discloses the invention as discussed in claim 20. Kleman in view of Lauer further discloses wherein the pair of straps are ear loops (see Col. 11 lines 46-58 of Kleman which discusses how the pair of tie straps 66 of Kleman may also be ear loops).
Regarding claim 22, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses wherein the outer fabric layer (40 of Kleman) comprises a plurality of horizontal pleats (20 of Kleman) (see Figs. 3-7 of Kleman; layer 40 of Kleman includes a series of folds 42 of Kleman which are horizontal pleats as they are folded across the length of the face mask 10 of Kleman).
Regarding claim 23, Kleman in view of Lauer discloses the invention as discussed in claim 4. Kleman in view of Lauer further discloses wherein the inner fabric layer (16 of Kleman) comprises a plurality of horizontal pleats (see Figs. 3-7 of Kleman; layer 16 of Kleman includes a series of folds 20 of Kleman which are horizontal pleats as they are folded across the length of the face mask 10 of Kleman).
Regarding claim 24, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses wherein the moldable plastic comprises polyethylene or polyvinylchloride (as previously modified above, see claim 1, the moldable plastic as taught by Lauer is polyethylene or polyvinylchloride, see Col. 3 lines 35-39 of Lauer).
Regarding claim 25, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses wherein the moldable plastic is a cling film (as previously modified above, see claim 1, the moldable plastic as taught by Lauer is a film of polyethylene or polyvinylchloride, see Col. 3 lines 35-39 of Lauer, and thus the moldable plastic is interpreted to be a cling film as Applicant’s specification states that a clinging film is a mold plastic such as film PVC or polyethylene, see [0011] of Applicant’s specification).
Regarding claim 27, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses wherein the inner sealing layer (62 of Kleman) lacks an adhesive on an inner surface configured to face the user (see Figs. 3-6 of Kleman; as previously modified above, see claim 1, the anti-fog strip 62 of Kleman lacks an adhesive on an inner surface configured to face the user).
Regarding claim 29, Kleman in view of Lauer discloses the invention as discussed in claim 1. Kleman in view of Lauer further discloses wherein the outer fabric layer (40 of Kleman) comprises cotton or polyethylene (see Col. 12 lines 26-40 of Kleman which discusses how the layer 40 of Kleman may be constructed from a nonwoven web of polyethylene).
Regarding claim 30, Kleman in view of Lauer discloses the invention as discussed in claim 4. Kleman in view of Lauer further discloses wherein the inner fabric layer (16 of Kleman) comprises cotton or polyethylene (see Col. 12 lines 26-40 of Kleman which discusses how the layer 16 of Kleman may be constructed from a nonwoven web of polyethylene).
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleman in view of Lauer further in view of BELK (US 2020/0305520 A1).
Regarding claim 15, Kleman in view of Lauer discloses the invention as discussed in claim 4.
Kleman in view of Lauer is silent on wherein the upper edge of the inner fabric layer is attached to the upper edge of the outer fabric layer, and the lower edge of the inner fabric layer is attached to the lower edge of the outer fabric layer.
However, BELK teaches an analogous face mask (1), and wherein the upper edge of the inner fabric layer is attached to the upper edge of the outer fabric layer (see Figs. 2-3 and [0024]; face mask element 1 is made up of two layers of fabric, thus one layer is the outer fabric layer and the other layer is the inner fabric layer, and they are sewn together along the upper edges and thus are attached together), and the lower edge of the inner fabric layer is attached to the lower edge of the outer fabric layer (see Figs. 2-3 and [0024]; face mask element 1 is made up of two layers of fabric, thus one layer is the outer fabric layer and the other layer is the inner fabric layer and they are sewn together along the lower edges and thus are attached together), providing a durable attachment system for the multiple layers of fabric so that they do not come apart.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the upper edges and lower edges of the outer fabric layer and inner fabric layer (40, 16 of Kleman) in the device of Kleman in view of Lauer to be attached together as taught by BELK to have provided an improved protective face mask that provides a durable attachment system for the multiple layers of fabric so that they do not come apart.
Regarding claim 16, Kleman in view of Lauer further in view of BELK discloses the invention as discussed in claim 15. Kleman in view of Lauer further in view of BELK further discloses a first seam that attaches the upper edge of the inner fabric layer and the upper edge of the outer fabric layer and a second seam that attaches the lower edge of the inner fabric layer and the lower edge of the outer fabric layer (see Figs. 2-3 of BELK and [0024] of BELK; as previously modified above, see claim 15, the upper edges of the inner fabric layer and outer fabric layer are sewn together and thus is a first seam or stitching at the top of the mask as taught by BELK, and the lower edges of the inner fabric layer and outer fabric layer are sewn together and thus is a second seam or stitching at the bottom of the mask as taught by BELK).
Claim(s) 26, 28, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleman in view of Lauer further in view of BALESTRA et al. (referred to as “BALESTRA”) (US 2022/0134144 A1).
Regarding claim 26, Kleman in view of Lauer discloses the invention as discussed in claim 1.
Kleman in view of Lauer is silent on wherein the inner sealing layer comprises a peelable paper disposed thereon.
However, BALESTRA teaches an analogous face mask (1) and an analogous inner sealing layer (5) (see Figs. 1-4 and [0023]; adhesive element 5 is an analogous inner sealing layer as it is attached to large regions of the nose to create a seal against the face to reduce entry of air and eliminate upward emission of vapor), and wherein the inner sealing layer (5) comprises a peelable paper disposed thereon (see [0020]; adhesive element 5 comprises a peelable paper disposed thereon as the adhesive element 5 is protected by at least one peel-off film or sheet prior to applying the mask), providing to protect the inner sealing layer from dirt and debris prior to using the mask.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the inner sealing layer (62 of Kleman) in the device of Kleman in view of Lauer with a peelable paper disposed thereon as taught by BALESTRA to have provided an improved protective face mask that provides to protect the inner sealing layer from dirt and debris prior to using the mask.
Regarding claim 28, Kleman in view of Lauer discloses the invention as discussed in claim 4.
Kleman in view of Lauer is silent on an adhesive disposed between the inner fabric layer and the inner sealing layer.
However, BALESTRA teaches an analogous face mask (1), comprising an adhesive disposed between the analogous inner fabric layer (3) and the analogous inner sealing layer (5) (see [0022]; the lower part of the adhesive element 5 is an adhesive surface that is inserted between the intermediate layer and the inner layer 3, and thus there is an adhesive disposed between the inner fabric layer and the adhesive element 5), providing a sufficient means to attach the inner sealing layer to the face mask such that the inner sealing layer does not become detached unexpectedly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the protective face mask in the device of Kleman in view of Lauer with an adhesive disposed between the inner fabric layer and the inner sealing layer as taught by BALESTRA to have provided an improved protective face mask that provides a sufficient means to attach the inner sealing layer to the face mask such that the inner sealing layer does not become detached unexpectedly.
Regarding claim 31, Kleman discloses a protective face mask (10) (see Figs. 3-7; face mask 10) comprising:
an outer fabric layer (40) having an upper edge and a lower edge (see Figs. 3-7 and Col. 10 line 12, and Col. 12 lines 29-32 et se. Col. 12 lines 37-45; the face mask 10 has a body portion 12 including a layer 16+layer 40, thus layer 40 is an outer fabric layer as layer 40 may be spunbonded polypropylene or polyethylene and has an upper edge and a lower edge, as labeled in Annotated Fig. 6 of Kleman);
an inner sealing layer (62) consisting of a single layer comprising a first face that is configured to contact a user’s skin and a second face opposite the first face (see Figs. 3-6; the anti-fog strip 62 is an inner sealing layer as anti-fog strip 62 seals the mask across a user’s nose and is on an inner side of face mask 10 as it directly contacts the user’s nose, and consists of a single layer of material comprising a first face and a second face opposite the first face, see Fig. 3-4, which shows the first face in Fig. 3 and the second face opposite the first face is not shown as it is the face that is directly attached to layer 16), wherein an entirety of the first face is configured to contact the user’s skin wherein an entirety of the first face is configured to contact the user’s skin (see Figs. 3-6; the first face of the anti-fog strip 62 is the entire surface that is configured to contact the user’s skin and thus is shown in Fig. 3 as Fig. 3 shows the inner surface 18 of the face mask which is the surface that faces towards the face of a user);
an inner fabric layer (16) having an upper edge and a lower edge and being disposed between the inner sealing layer (62) and the outer fabric layer (40) (see Annotated Fig. 6 of Kleman, and see Figs. 3-7 of Kleman; the body portion 12 of the face mask 10 further includes layer 16 of Kleman which is an inner fabric layer as it is disposed on an inner surface facing the user’s skin, and can be made of nonwoven polyethylene, see Col. 12 lines 26-45, and is disposed between the anti-fog strip 62 and the layer 40, as best seen in Fig. 7 of Kleman, and has an upper and lower edge as labeled in Annotated Fig. 6 of Kleman); and
wherein an entirety of the second face is directly disposed on an interior face (18) of the protective face mask (10) and located only on a single side of the outer fabric layer (40) (see Figs. 3-7; the entirety of the second face of the anti-fog strip 62 is directly disposed on inner surface 18 of the face mask 10 and is only located on a single side of layer 40), and wherein an entirety of the first face is configured to contact and create a sealed attachment to the user’s skin while the entirety of the second face is disposed on the interior face (18) of the protective mask (10) (see Figs. 3-7 and Col. 11 lines 19-24; the entirety of the first face of the anti-fog strip 62 is configured to contact and create a sealed attachment to the user’s skin, while the entirety of the second face is disposed on the inner surface 18 of the face mask 10).
Kleman is silent on the inner sealing layer consisting of a moldable plastic, wherein the moldable plastic comprises polyethylene or polyvinylchloride; and an adhesive disposed between the inner fabric layer and the inner sealing layer.
However, Lauer teaches an analogous protective face mask (40) and an analogous inner sealing layer (50), and the inner sealing layer (50) consisting of moldable plastic (see Figs. 6-8 and Col. 3 lines 35-39; air impervious element 50 is an analogous inner sealing layer as air impervious element 50 is attached along the inner surface of face mask 40 and creates a seal, and air impervious element 50 is made out of a thin flexible film of polyethylene or polyvinyl chloride which are moldable plastics) and wherein the moldable plastic comprises polyethylene or polyvinylchloride (see Col. 3 lines 35-39), providing a thin, flexible material that substantially completely resists the flow of air or other gas therethrough (see Col. 4 lines 28-44).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the inner sealing layer (62) in the device of Kleman to be a moldable plastic that comprises polyethylene or polyvinyl chloride as taught by Lauer to have provided an improved protective face mask that has a thin flexible material that substantially completely resists the flow of air or other gas therethrough (see Col. 4 lines 28-44).
Kleman in view of Lauer discloses the invention as discussed above.
Kleman in view of Lauer is silent on an adhesive disposed between the inner fabric layer and the inner sealing layer.
However, BALESTRA teaches an analogous face mask (1), comprising an adhesive disposed between the inner fabric layer (3) and the inner sealing layer (5) (see [0022]; the lower part of the adhesive element 5 is an adhesive surface that is inserted between the intermediate layer and the inner layer 3, and thus there is an adhesive disposed between the inner fabric layer and the adhesive element 5), providing a sufficient means to attach the inner sealing layer to the face mask such that the inner sealing layer does not become detached unexpectedly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the protective face mask in the device of Kleman in view of Lauer with an adhesive disposed between the inner fabric layer and the inner sealing layer as taught by BALESTRA to have provided an improved protective face mask that provides a sufficient means to attach the inner sealing layer to the face mask such that the inner sealing layer does not become detached unexpectedly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBIN HAN whose telephone number is (408)918-7579. The examiner can normally be reached Monday - Thursday, 9-5 PM EST.
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/ROBIN HAN/Examiner, Art Unit 3786
/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
