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 amendment filed on 01/02/2026 has been entered. Claims 1 and 10 are amended. No claims have been newly added nor cancelled. Applicant’s amendments to the claims have overcome the objection raised in the non-final rejection mailed on 10/02/2025. Claims 1-6 and 8-20 remain pending in the instant application.
Response to Arguments
Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive.
Regarding claims 1 and 10, Applicant argues that Witchey’s sensor is separate and remote from the smart mask (remarks Page 10, 1st Paragraph). Examiner notes that the modification of Nishida on record is to incorporate the camera sensor of Witchey into Nishida’s mask, not to incorporate the entirety of Witchey’s central control station. Applicant then argues that the sensor of Witchey does not include a camera (Remarks Page 10, 1st Paragraph). Examiner notes that Witchey does contemplate using a camera (Fig. 11 sensors 116; Col. 6 lines 17-20 disclose the sensors may be one or more cameras to record the user’s face). Thus it is examiner’s position that a camera which records video of a user’s face is capable of capturing images of the user’s mouth once Nishida’s mask is modified to incorporate Witchey’s camera. Accordingly, Applicant’s argument is found to be unpersuasive.
Applicant then argues that the teachings of Nishida would lead one of skill in the art away from the claimed solution (Remarks page 10, Last Paragraph). Specifically Applicant argues that Nishida is directed to a solution for avoiding showing an actual image of a wearer’s mouth and cites to Nishida’s abstract (Remarks Page 11, 1st Paragraph). Examiner notes that Nishida’s abstract merely discloses the mask allows the user to alter their facial appearance, it does not teach away from showing the user’s actual face. Accordingly, Applicant’s argument is found to be unpersuasive.
Applicant then argues that Nishida teaches that the sensor contacts the wearer’s lips and thus substituting a camera in that location would only capture images inside of the user’s mouth (Remarks Page 11, 3rd Paragraph). Examiner notes that Fig. 6 of Nishida shows the sensor 20 apart from the user’s mouth. In this position, modified Nishida would be capable of capturing images of the user’s lips. Examiner further notes that drawings can anticipate claims if they clearly show the structure which is claimed. See MPEP 2125(I). Thus it is examiner’s position that the sensor of Nishida is capable of being worn without the sensor being directly in contact with the user’s lips. Examiner also notes that for the sake of patient compliance, it would not make sense for the sensors to be contacting the user’s lips at all time as it would impede their ability to breathe. Accordingly, Applicant’s argument is found to be unpersuasive.
Claims 1-3, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US20210244109A1 to Nishida (hereinafter “Nishida”) in view of US11160319B1 to Witchey et al. (hereinafter “Witchey”).
Regarding claim 1, Nishida discloses a system for communicating with the hearing-impaired (See Fig. 1 generally; Paragraph 0026 discloses the display can play animations in which the user’s mouth is reproduced, this would allow communication with hearing impaired since they could read the displayed lips), the system comprising:
a face mask configured to be worn over a wearer's mouth (Fig. 1 mask 1 is worn on the face), the face mask comprising an interior surface that faces the wearer's mouth (Figs. 2(c) & 3(b) mask 1 defines an interior surface that faces the wearer), and wherein the interior surface is shaped to be spaced a distance apart from the wearer's mouth when the wearer is wearing the face mask (Fig. 3(b), the interior surface is spaced apart from the mouth as shown; Fig. 6 and paragraph 53, spacer 16 provides an air passage space S between the mask body and the face);
a sensor, integrated with the face mask by attached attachment to the interior surface of the face mask (Fig. 6 shows sensor 20 is integrated with the facemask via attachment to the interior side of the mask 1), where the sensor that is oriented towards, and spaced apart from, the wearer's mouth (Fig. 6 sensor 20 is oriented toward and spatially separated the user’s mouth), wherein the camera is configured to capture images of the wearer's mouth when, including the wearer’s lips, the wearer is wearing the face mask and speaking (Paragraphs 0026 & 0055-0056 disclose the sensor shows animations of the user’s mouth; Examiner notes the user’s lips would be shown when the images are being generated and the device is capable of operating while the user is speaking);
a transceiver electronically connected to the sensor and configured to transmit the captured images of the wearer's mouth from the camera to a computing device in real time (Fig. 6; Paragraph 0055 discloses there is a transceiver within the sensor sending signals to the computing device 200 as indicated by line 22; Examiner notes the transceiver receives images in real time); and
a computing device (Fig. 6 control computer 200 and flexible display 100 comprise the computing device), remote from and in wireless connection with, the transceiver (Fig. 6 shows the computer 200 may be remote from the mask system; Paragraph 0048 discloses the control computer 200 may be in wireless connection with the system; Examiner notes the system in wireless communication form would be wirelessly connected with the transceiver), said computing device comprising a display screen (Fig. 6 display screen 100) configured to receive the captured images of the wearer's mouth from the sensor by way of the transceiver and display the received images on the display screen in real time (Paragraph 0056 “the sensor 20 at a position contacted by the user U's lips allows for constant monitoring of the movement of the user U's lips based on signals 22 from the piezoelectric element 21, which makes it possible to play animations in which an image 150 of the bottom part of the user U's face, including the mouth, as output to the flexible display 100, moves synchronously with the movement of the user U's mouth.” The sensor 20 captures movement data of the user’s lips and displays that data as an image of the user’s mouth moving synchronously with the movement of the user’s mouth).
Nishida does not teach wherein the sensor is a camera configured to capture images of the wearer’s mouth when the wearer is wearing a face mask, wherein the transceiver is transmitting image data, and wherein the computing device receives images of the wearer’s mouth including the user’s lips. However, Witchey teaches an analogous mask for capturing facial movements (see fig. 5A and col. 6, lines 17-25) wherein the sensor is a camera configured to capture images of the wearer’s mouth when the wearer is wearing a face mask (see col. 6, lines 17-20 and fig. 11, sensors 116 can be one or more cameras that record video of the user’s facial movements), wherein the transceiver is transmitting image data (col. 6, lines 9-10 and 17-20, image data from the camera(s) is transmitted to the control module 110 via transceiver 112), and wherein the computing device receives images of the wearer’s mouth (see col. 6, lines 9-10 and 28-35, the computing device 110 receives image data from the camera, the images being of the user’s mouth).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the sensor of Nishida to be a camera to capture image data as taught by Witchey for the purpose of using a known sensor to record a person’s facial movements. A camera allows the controller to directly transmit the live image instead of interpreting signals from the piezoelectric element as taught by Nishida.
Regarding claim 2, Nishida in view of Witchey discloses the system of claim 1, and Nishida as modified by Witchey further discloses wherein the camera is configured to capture the entirety of the wearer's mouth in the frame of the shot including the natural range of movement of the wearer's lips (Paragraph 0056, the sensor is at a position to “allow for constant monitoring of the movement of the user’s lips.” As modified by Witchey, the sensor is a camera).
Regarding claim 3, Nishida in view of Witchey discloses the system of claim 1, and Nishida as modified by Witchey further discloses wherein: the camera is configured to capture a live video recording of the wearer's mouth (see paragraph 56, Nishida captures the movement of the lips live, to display the movement synchronously. AS modified by Witchey, the sensor is a camera capturing video); the transceiver is configured to transmit the live video recording to the computing device (see paragraphs 55-56, sensor signals are transmitted to computing device 200; see fig. 6); and the computing device is configured to display the live video recording on the display screen (see paragraph 56, the display shows the movement of the lips synchronously).
Regarding claim 8, Nishida in view of Witchey discloses the system of claim 1. Nishida does not explicitly teach wherein the computing device further comprises computer executable instructions that, when executed, generates a user interface that enables a user to initiate and terminate image capturing by the camera. However, Witchey teaches an analogous mask for capturing facial movements (see fig. 5A and col. 6, lines 17-25) and teaches computer executable instructions that, when executed, generates a user interface that enables a user to initiate image capturing by the camera (see fig. 17 step 1702, “initiate process” and the process of Witchey includes capturing camera data at step 1706).
Both Nishida and Witchey teach a controller to control operation of the device (see Nishida paragraph 47 and Witchey fig. 17). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the controller of Nishida to include computer executable instructions that, when executed, generates a user interface that enables a user to initiate image capturing by the camera, as taught by Witchey, for the purpose of starting the process and operation of the device. Further, it would be obvious to include computer executable instructions that enable a user to terminate image capturing by the camera as is known in the art and to stop operation of the device so it isn’t continuously running and wasting battery life and running down the components when not in use.
Regarding claim 9, Nishida in view of Witchey discloses the system of claim 1. Nishida does not explicitly teach wherein the transceiver is configured to transmit the images over at least one of a WIFI and Bluetooth wireless network. However, Witchey teaches an analogous mask for capturing facial movements (see fig. 5A and col. 6, lines 17-25) wherein the transceiver is configured to transmit the images over at least one of a WIFI and Bluetooth wireless network (see col. 9, lines 35-44).
Nishida teaches that transmission can be done wirelessly (see paragraph 48). Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the transceiver of Nishida to transmit images over WIFI or Bluetooth, as taught by Witchey, for the purpose of using known communication interface between electronic devices and to get rid of unnecessary wires that might get tangled.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nishida and Witchey as applied to claim 1 above, and further in view of US5912980 to Hunke (hereinafter “Hunke”).
Regarding claim 4, Nishida in view of Witchey discloses the system of claim 1. Nishida does not teach herein the camera is configured to adjust the frame of the shot by at least one of zoom, pan, and tilt. However, Hunke teaches an analogous camera for capturing facial movement (abstract and col. 4, lines 21-32) wherein the camera is configured to adjust the frame of the shot by at least one of zoom, pan, and tilt (see col. 5, lines 7-9 “the video camera is equipped with a zoom lens and is mounted on a pan tilt unit”).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the camera of the modified Nishida to be configured to adjust the frame of the shot by at least one of zoom, pan, and tilt, as taught by Hunke, for the purpose of capturing the user’s mouth by adjusting the angle and zoom of the camera. The camera may need to be adjusted to accurately capture an image of the user’s mouth and it would have been obvious to one skilled in the art to use known camera equipment to adjust the area being captured.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nishida in view of Witchey as applied to claim 1 above, and further in view of US20130197303A1 to Chun (hereinafter “Chun”).
Regarding claim 5, Nishida in view of Witchey discloses the system of claim 1. Nishida does not teach a light source attached to the interior surface of the face mask that is configured to illuminate the wearer's mouth when the wearer is wearing the face mask. However, Chun teaches an analogous mask with a camera system (abstract and fig. 1) comprising a light source (see paragraph 28, “a camera and a light source re positioned and continuously capturing image of patient's airway).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the mask of Nishida to include a light source configured to illuminate the wearer's mouth when the wearer is wearing the face mask, as taught by Chun, for the purpose of lighting the area so the image can be more clearly captured. The interior of the mask may be dark and illuminating the area would allow the image to be better and the person’s lips to be more easily read. It would further have been obvious to attach the light to the interior of the mask for convenience and to illuminate the intended area. Nishida already teaches attaching components to the interior of the mask (see fig. 2 and paragraph 56) so it would have been obvious to one skilled in the art to attach a camera to the interior as well.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nishida and Witchey as applied to claim 1 above, and further in view of US20180078798A1 to Fabian et al. (hereinafter “Fabian”).
Regarding claim 6, Nishida in view of Witchey discloses the system of claim 1, but Nishida does not disclose a microphone, integrated with the face mask by attachment to the interior of the face mask that is configured to capture audio from of the wearer speaking when the wearer is wearing the face mask, and wherein: the transceiver is further configured to transmit the audio from the microphone to the computing device; and the computing device further comprises a speaker and is configured to broadcast audio from the transceiver through the speaker. However, Fabian teaches an analogous mask system (abstract and fig. 1) comprising a microphone, integrated with the face mask by attachment to the interior of the face mask (see paragraph 134 of Fabian, the microphones can be located in or on any practical location on the device. Placing the microphone inside the face mask is practical for capturing the user’s voice) that is configured to capture audio from the wearer when the wearer is wearing the face mask (see fig. 4 and paragraphs 121 and 134, microphone 444 for recording the user’s voice), and wherein: the transceiver is further configured to transmit the audio from the microphone to the computing device (see paragraph 121, the microphone is connected to electronic system 400); and the computing device further comprises a speaker and is configured to broadcast audio from the transceiver through the speaker (see paragraph 191 “a microphone and a speaker that can be configured to allow spoken words from inside the mask to be heard outside the mask.”).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the mask of Nishida to include a microphone and a speaker to broadcast audio, as taught by Fabian, for the purpose of allowing the wearer’s words to be better heard outside the mask.
Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida in view of Witchey, US20100126504A1 to Johnstone (hereinafter “Johnstone”), and US20190358473A1 to Szasz (hereinafter “Szasz”).
Regarding claim 10, Nishida discloses a system for communicating with the hearing-impaired (See Fig. 1 generally; Paragraph 0026 discloses the display can play animations in which the user’s mouth is reproduced, this would allow communication with hearing impaired since they could read the displayed lips), the system comprising:
a face mask (Fig. 1 mask 1) comprising;
a face covering configured to be worn over a wearer's mouth and nose (Fig. 1 mask 1 has a front portion; Paragraph 0039 discloses the mask covers the face including the mouth and nose), wherein:
the face covering comprises a body defining an outer perimeter configured to extend about the wearer's mouth and nose (Fig. 1, body 10 extends around the mouth and nose; Examiner notes the outer edge of body 10 naturally defines an outer perimeter),
the interior surface is shaped to be spaced a distance apart from the wearer's mouth when the wearer is wearing the face mask (Fig. 3(b), the interior surface is spaced apart from the mouth as shown; see also fig. 6 and paragraph 53, spacer 16 provides an air passage space S between the mask body and the face);
a sensor integrated with the face mask by attached attachment to the interior surface of the mask (Fig. 6 shows sensor 20 is integrated with the facemask via attachment to the interior side of the mask 1), where said camera that is oriented towards and spaced apart from the wearer's mouth (Fig. 6 sensor 20 is oriented toward and spatially separated the user’s mouth) and is configured to capture images of the wearer's mouth when the wearer is wearing the face mask and speaking (Paragraphs 0026 & 0055-0056 disclose the sensor shows animations of the user’s mouth; Examiner notes the user’s lips would be shown when the images are being generated and the device is capable of operating while the user is speaking);
a transceiver electronically connected to the camera and configured to transmit the captured images of the wearer's mouth from the camera to a computing device in real time (Fig. 6; Paragraph 0055 discloses there is a transceiver within the sensor sending signals to the computing device 200 as indicated by line 22; Examiner notes that the images are transmitted in real time); and
a computing device (Fig. 6 control computer 200 and flexible display 100 comprise the computing device), remote from and in wireless connection with, the transceiver (Fig. 6 shows the computer 200 may be remote from the mask system; Paragraph 0048 discloses the control computer 200 may be in wireless connection with the system; Examiner notes the system in wireless communication form would be wirelessly connected with the transceiver), said computing device comprising a display screen (Fig. 6 display screen 100), wherein the computing device is configured to receive the captured images of the wearer's mouth from the sensor by way of the transceiver and display those the received images on at the display screen in real time (Paragraph 0056 “the sensor 20 at a position contacted by the user U's lips allows for constant monitoring of the movement of the user U's lips based on signals 22 from the piezoelectric element 21, which makes it possible to play animations in which an image 150 of the bottom part of the user U's face, including the mouth, as output to the flexible display 100, moves synchronously with the movement of the user U's mouth.” The sensor 20 captures movement data of the user’s lips and displays that data as an image of the user’s mouth moving synchronously with the movement of the user’s mouth).
Nishida does not teach wherein the face mask comprises glasses configured to be worn over a wearer’s eyes and an attachment feature that connects the body to the glasses. However, Johnston discloses an analogous protective mask (abstract and fig. 1) wherein the face mask comprises glasses configured to be worn over a wearer’s eyes (see fig. 1, glasses 102) and an attachment feature that selectively connects the body to the glasses (see fig. 1, attachment feature 122A attaches mask body 106 to the glasses 102; see paragraph 34. The glasses can be disconnected and reconnected via the attachment feature.).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the face mask of Nishida to comprise glasses and an attachment feature that enables attachment of the mask body to the glasses, as taught by Johnston, for the purpose of protecting the eyes of the user (see Johnston paragraph 3). It is known in the art that those wearing a face mask are often at risk of contracting infectious diseases, such as doctors and nurses, and that protecting the eyes reduces the risk. Further, the combination can be securely attached to the user’s head and has an improved degree of adjustability (see paragraph 4 of Johnston). Johnston teaches this combination is known in the art and teaches a way to attach the two components.
Nishida further does not teach wherein the face covering comprises a filter portion extending between portions of the body to cover the wearer’s mouth and nose, said filter portion configured to filter airflow to and from a wearer. However, Szasz teaches an analogous mask system (abstract and fig. 1) wherein the face covering comprises a filter portion (fig. 4, filter 14; see paragraph 48) extending between the body to cover the wearer’s mouth and nose (see fig. 4, the filter portion extends between the edges of the body 12 to cover the mouth and nose), said filter portion configured to filter airflow to and from a wearer (see paragraphs 47-48).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the face covering of Nishida to include a filter extending between the body to cover the wearer’s nose and mouth and configured to filter airflow to and from a wearer, as taught by Szasz, for the purpose of protecting the user from respiratory illness and pollution (see paragraph 47 of Szasz) and protecting surrounding people from any diseases the user might have.
Nishida, as modified by Szasz, further teaches wherein the filter portion defines an interior surface that faces the wearer when the wearer is wearing the face mask and the sensor attached to an interior surface of the filter portion (see Fig. 2(c) of Nishida and fig. 4 of Szasz, the mask body of Nishida defines an interior surface and, as modified, a filter is located that extends to the edges of the mask so the filter defines an interior surface when the user is wearing the mask; Examiner notes Nishida as modified by Szasz would have the sensor attached to the inside of the filter to have clear line of sight to the user’s mouth).
Nishida further does not teach wherein the sensor is a camera configured to capture images of the wearer’s mouth and lips when the wearer is wearing a face mask, wherein the transceiver is transmitting image data, and wherein the computing device receives images of the wearer’s mouth. However, Witchey teaches an analogous mask for capturing facial movements (see fig. 5A and col. 6, lines 17-25) wherein the sensor is a camera configured to capture images of the wearer’s mouth when the wearer is wearing a face mask (see col. 6, lines 17-20 and fig. 11, sensors 116 can be one or more cameras that record video of the user’s facial movements), wherein the transceiver is transmitting image data (col. 6, lines 9-10 and 17-20, image data from the camera(s) is transmitted to the control module 110 via transceiver 112) , and wherein the computing device receives images of the wearer’s mouth and lips (see col. 6, lines 9-10 and 28-35, the computing device 110 receives image data from the camera, the images being of the user’s mouth and lips).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the sensor of Nishida to be a camera to capture image data as taught by Witchey for the purpose of using a known sensor to record a person’s facial movements. Nishida, as modified by Szasz and Witchey, further teaches a camera attached to the interior surface of the filter portion (as modified by Szasz, Nishida has a filter portion. As modified by Witchey, the sensor of Nishida is a camera. Nishida then teaches an interior camera that faces the user’s mouth. The camera would need to be on the interior of the filter so that the view of the mouth is not obstructed. Therefore, the combined teachings of these references teach this limitation).
Regarding claim 11, Nishida in view of Johnstone, Szasz, and Witchey discloses the system of claim 10, and Nishida as modified by Johnstone further teaches wherein the attachment feature is a clip disposed along the top of the body (Fig. 1, clips 126A/B; see paragraph 34 “each fixing device 122A, 122B may comprise a plastic member having a fixed disc-shaped head 126A, 126B (in FIG. 1) and a short shaft (not visible). During assembly, the shaft is inserted through the corresponding apertures in the lens and holder and then a second disc-shaped head 128A, 128B (in FIG. 2) is fixed to the free end of the shaft, thereby securing the lens and the holder between the two heads.”) that is configured to retain the bridge of the glasses in at least one of a friction fit, a press fit, and a snap fit (see paragraph 34, the second disc-shaped head is fixed to the second end of the shaft via press fit).
Regarding claim 12, Nishida in view of Johnstone, Szasz, and Witchey discloses the system of claim 11, and Nishida as modified by Johnstone further teaches wherein the clip is configured for releasable attachment (see paragraph 34 and fig. 2, the second disc-shaped head can allow removal).
Regarding claim 13, Nishida in view of Johnstone, Szasz, and Witchey discloses the system of claim 10, and Nishida further teaches wherein the body of the face mask is configured to cover the wearer's face from the approximate bridge of the wearer's nose to approximately the wearer's chin (see Figs. 1 and 2, the mask extends from the bridge of the nose to the chin).
Regarding claim 14, Nishida in view of Johnstone, Szasz, and Witchey discloses the system of claim 10, and Nishida as modified by Szasz further teaches wherein the filter portion extends from the bottom of the body of the face covering up to approximately where the apex of the wearer's nose would be (see Szasz paragraph 120, the whole mask portion can be covered with filter material so the filter portion extends from the bottom to the top of the face covering).
Regarding claim 15, Nishida in view of Johnstone, Szasz, and Witchey discloses the system of claim 10, and Nishida further teaches wherein the computing device is a mobile device (fig. 6, 200; see paragraph 47, the control device can be a smartphone or other mobile communication device).
Regarding claim 16, Nishida in view of Johnstone, Szasz, and Witchey discloses the system of claim 15, and Nishida further teaches wherein the mobile device comprises at least one of a smart phone and a smart watch (see paragraph 47, the control device can be a smartphone or other mobile communication device).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida in view of Johnstone, Szasz, and Witchey as applied to claim 15 above, and further in view of US20100171021A1 to Smith (hereinafter “Smith”).
Regarding claim 17, Nishida in view of Witchey, Johnstone, and Szasz disclose the system of claim 15, but Nishida does not teach a wearable feature, selectively connectable to the mobile device, that enables the wearer of the face mask to display the mobile device in a hands-free manner. However, Smith teaches a holder system for mobile devices (abstract) that solves the problem of securing a mobile device so the display can be viewed by others (see paragraph 105, “visibility by user … and/or visibility by others”) comprising a wearable feature (paragraph 46 and Fig. 1A, wearable holder base 20 that is worn by the user with a lanyard or neck cord), selectively connectable to the mobile device (the user can place their phone in the device or take it out), that enables the wearer to display the mobile device in a hands-free manner (see figs. 1A and 1B and paragraphs 46 and 105, the holder orients the display outward from the user so the display can be seen when someone looks at the person).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the system of Nishida to have a wearable feature that enables the wearer of the face mask to display the mobile device in a hands-free manner because Smith teaches a system that conveniently and comfortably holds a mobile device. Nishida teaches the use of a mobile device (Fig. 6) and it would be obvious to use a holder so that the user does not have to constantly hold their phone.
Regarding claim 18, Nishida in view of Witchey, Johnstone, Szasz, and Smith discloses the system of claim 17, and Nishida as modified by Smith further discloses wherein the wearable feature comprises a lanyard or necklace that is wearable around a wearer's neck (see paragraph 46 and fig. 8), the wearable feature further comprising a clip connected to the lanyard or necklace like a pendant (see fig. 1B and paragraphs 47 and 51, clip 23 attaches to the neck cord via line element 35), and wherein the clip is configured to attach to and hold the mobile device (see paragraph 47 and fig. 1B, clip 23 holds the phone 15 within the wearable).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida in view of Witchey as applied to claim 1 above, and further in view of US20210307415A1 to Scalisi (hereinafter “Scalisi”) and Smith.
Regarding claim 19, Nishida in view of Witchey discloses the system of claim 1, but Nishida does not teach a respirator, selectively securable to the face covering. However, Scalisi teaches an analogous mask system (Fig.1 and abstract) comprising a respirator (fig. 9 replaceable filter 28), selectively securable to the face covering (see paragraph 104, the filter is removable).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the face covering of Nishida to have a selectively securable respirator, as taught by Scalisi, for the purpose of protecting the user’s airway from viruses and particulates (see paragraph 4 of Scalisi).
Nishida further does not teach a wearable feature, selectively connectable to the mobile device, that enables the wearer of the face mask to display the mobile device in a hands-free manner. However, Smith teaches a holder system for mobile devices (abstract) that solves the problem of securing a mobile device so the display can be viewed by others (see paragraph 105, “visibility by user … and/or visibility by others”) comprising a wearable feature (paragraph 46 and Fig. 1A, wearable holder base 20 that is worn by the user with a lanyard or neck cord), selectively connectable to the mobile device (the user can place their phone in the device or take it out), that enables the wearer to display the mobile device in a hands-free manner (see figs. 1A and 1B and paragraphs 46 and 105, the holder orients the display outward from the user so the display can be seen when someone looks at the person).
Therefore, it would have been obvious to one skilled in the art, before the time of the effective filing date of the invention, to modify the system of Nishida to have a wearable feature that enables the wearer of the face mask to display the mobile device in a hands-free manner because Smith teaches a system that conveniently and comfortably holds a mobile device. Nishida teaches the use of a mobile device (Fig. 6) and it would be obvious to use a holder so that the user does not have to constantly hold their phone.
Regarding claim 20, Nishida in view of Witchey, Scalisi, and Smith discloses the system of claim 19, and Nishida as modified by Scalisi further teaches wherein the respirator comprises a KN95 respirator (see paragraph 112 of Scalisi).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20210330259-A1 to Liu.
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 TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799