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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/3/2025 has been entered.
Response to Amendment
This office action is in response to the amendment filed 7/3/2025. As directed by the amendment, claims 1, 3, 6 and 12 have been amended. Claims 1-9, 11-15 and 17-20 are pending in the instant application.
Applicant has amended claims 3 and 6 to address objections thereto; the previous objections to the claims are withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 6 and 12 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.
Applicant's arguments filed 7/3/2025 (hereinafter “Remarks”) on page 10 of Remarks have been fully considered but they are not persuasive.
Applicant asserts on page 10 of Remarks that “eight different references seems excessive” and inquires as to “what the Examiner’s definition of who a person of ordinary skill in the art is, and how the motivation to combine eight different references is reasonable.”
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991). Applicant states on page 10 of Remarks that “one…might consider five or even six references,” but what is Applicant’s basis for the arbitrary selection of 5-6? A person of ordinary skill is one familiar with the field of respiratory face masks. As such, they would be familiar with providing elastic and adhesive around the inner perimeter of a mask, detachable straps, color-changing indicators, filter pockets, and flame/acid/antimicrobial resistance, because all of these were well-known considerations for respiratory face masks before the effective filing date of the claimed invention, as demonstrated by the various prior art references within the respiratory mask classifications cited in both the rejections and the conclusion sections of the Office Actions. While the Examiner has not provided a single reference (or only 5-6 references) that discloses all of the features above in combination with all of the specific materials claimed by Applicant (because prior art frequently omits obvious/specific materials for well-known functionality), all of the functionality recited by the instant claims was known in the respiratory mask art before the effective filing date of the claimed invention as demonstrated by the prior art cited in the updated rejections below, and selecting materials known to be suitable to provide said known functionality would have been obvious to an artisan before the effective filing date of the claimed invention, see MPEP 2144.07. The combination of claimed elements, all of which were already present in the prior art before the effective filing date of the claimed invention, only predictably provides a mask with the functionality already known to be provided by each prior art element; therefore, the reasonable “motivation to combine eight different references” is to predictably provide the mask of Chen with the functionality taught for each prior art element, i.e. to provide elastic and adhesive around the perimeter of a mask to reduce leakage, to provide detachable straps to reduce environmental impact and/or costs, to include a pocket HEPA filter for additional filtering capability, and to utilize a known color-changing indicator and acid/antimicrobial resistance materials to predictably provide the color-changing indication disclosed by Chen as well as additional standard resistances for enhanced protection/usability. Since Applicant has not asserted nor objectively demonstrated that the combination of references provides any unexpected results and/or would have been uniquely challenging to an artisan, the Examiner maintains that the combination of references is reasonable to predictably achieve the functionality known and taught by the prior art as discussed in the updated rejections below.
The Examiner notes that the disclosed SCBA mask, where the mask device covers a mouthpiece opening of the SCBA mask with looped straps of the mask device positioned around filter covers of the SCBA mask, is not positively recited in the claims. As this combination/arrangement depicted in instant Fig. 3 has not been positively claimed and thus not fully searched, Applicant may wish to consider including it in the independent claims to advance prosecution.
Claim Objections
Claims 6 and 9 are objected to because of the following informalities:
Claim 6, line 11 should read “a filter cover”
Claim 9, line 2 should read “at least one magnetic fastener” for clearer antecedent basis
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1 (and thus its dependent claims 2-5), the specification at para [0025] as originally filed discloses straps that are removably attached to the body 110, but the specification as originally filed does not state/indicate that this is removability is accomplished by virtue of each looped strap comprising a hook and loop fastener for attaching to the body 110. The only mention of hook and loop is with regards to fastener 142, which is shown on the loops at a location spaced away from the body 110, see instant Fig. 3 and e.g. para [0028]. Therefore, claim 1 (and thus its dependent claims 2-5) contains new matter.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 12, from which claim 19 depends, has been amended to recite that the at least one filter is a HEPA filter; as such, claim 19 no longer properly limits claim 12 because claim 19 now improperly broadens the at least one filter. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 111194952 A; hereinafter “Chen,” wherein the page citations below refer to the translation that accompanied the Office Action mailed 11/1/2024) in view of Farshoukh (US 2021/0345696 A1; hereinafter “Farshoukh”), Chiu (US 2010/0031962 A1; hereinafter “Chiu”), Huang (US 2004/0231023 A1; hereinafter “Huang”), Oh et al. (Biomimetic virus-based colourimetric sensors. Nature Commun. 5:3043 (2014); hereinafter “Oh”), Bierbrodt (EP 3895567 A1; hereinafter “Bierbordt,” wherein the citations below refer to the translation provided herewith) and Tomohiro et al. (WO 03/106576 A1; hereinafter “Tomohiro,” wherein the citations below refer to the translation provided herewith).
Regarding claim 1, Chen discloses a firefighter respirator mask device (Fig. 2; the mask is fully capable of being worn by a firefighter) that is configured to be used to cover a mouthpiece opening of a SCBA mask (the mask of Chen is fully capable of covering a mouthpiece opening as claimed, in the same way as it covers the mouth of a user; see Chen Fig. 2, which looks very much like the mask of instant Fig. 1, such that it is configured as claimed), the firefighter respirator mask device comprising:
a color-changing body (protective body 1 with indication member 2 thereon) (last para on page 3);
a front surface (facing the viewer in Fig. 2);
a rear surface (facing away from the viewer in Fig. 2);
at least two looped straps (to the right and left in Fig. 2).
Chen is silent regarding an elastic band. However, Farshoukh demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include an elastic band (hem 1220) (Figs. 13 and 19; hem 1120 can comprise and elastic material to facilitate a snug but comfortable fit against a face of the user, para [0056]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify Chen to include an elastic band as taught by Farshoukh, in order to provide the predictable result of a snug but comfortable fit against a user’s face (Farshoukh para [0056]).
Chen is silent regarding each looped strap comprising a hook and loop fastener for attaching each looped strap to the color-changing body. However, Chiu demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention for each looped strap (straps 2) (Fig. 5) to comprise a hook and loop fastener (Velcro®) for attaching each looped strap to the mask body (Fig. 5; para [0043]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include each looped strap comprising a hook and loop fastener for attaching each looped strap to the color-changing body as taught by Chiu, in order to provide detachable straps, using a standard/well-known mechanism (i.e. hook and loop), for the predictable results of reducing waste and/or purchase costs (Chiu para [0006]).
Chen is silent regarding an adhesive layer having a peelable backing. However, Huang demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include an adhesive layer (adhesive layer 13) having a peelable backing (paper layer 14) (Fig. 3; paras [0017-19]; where the detachment of the paper layer would have been reasonably inferred by an artisan to comprise/able to comprise peeling, as was known across all arts before the effective filing date of the claimed invention for paper backings of adhesive). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to further include an adhesive layer having a peelable backing as taught by Huang, in order to provide the predictable result of standard means by which to eliminate gaps between the mask and a user’s face (Huang para [0004]).
Chen is silent regarding wherein the color-changing body comprises a phage-displaying trinitrotoluene binding peptide motif. However, Chen teaches that the indication member is intended to detect pathogens (second to last para on page 3), it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use, see MPEP 2144.07, and Oh teaches that it was known in the art/to solve the problem of color-changing materials for indicating the presence of pathogens before the effective filing date of the claimed invention to utilize a phage-displaying trinitrotoluene binding peptide motif (abstract). Therefore, selecting the claimed material as taught by Oh to serve as the indication member of Chen would have been obvious to an artisan in order to provide the predictable result of a known/suitable, target-specific colourimetric biosensor for the detection of a variety of harmful toxicants and pathogens (Oh abstract) when using the mask of modified Chen.
Chen is silent regarding wherein the color-changing body comprises a two component epoxy acid-retardant. However, Bierbrodt teaches that it was known in the respiratory mask art before the effective filing date of the claimed invention for a mask body to compris[e] an acid-retardant (outer layer is resistant to…acid, top of page 3), and it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use, see MPEP 2144.07, wherein Tomohiro teaches that it was known to solve the problem of acid-retardance/resistance in textile/fabrics before the effective filing date of the claimed invention by utilizing a two component epoxy acid-retardant (an epoxy…two-component…which is excellent in chemical resistance such as alkali resistance and acid resistance, middle of page 3). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the color-changing body comprises a two component epoxy acid-retardant as taught by Bierbrodt and Tomohiro, in order to predictably provide a mask body that has high wear and tear resistance, washability and good resistance to disinfectants to provide for extended use and/or washing and reuse (Bierbrodt bottom of page 2; Tomohiro middle of page 3).
Regarding claim 2, Chen in view of Farshoukh, Chiu, Huang, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 1, wherein modified Chen further teaches wherein the color-changing body is configured to change from a first color to a second color when the color-changing body is exposed to a threshold amount of a pathogen, a virus or a bacteria (Chen last two paras on page 3, middle of page 4, where the threshold is the bacteria amount required to cause the color change, and see also Oh).
Regarding claim 3, Chen in view of Farshoukh, Chiu, Huang, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 1, wherein modified Chen further discloses wherein the at least two looped straps are configured to be removably attached around a filter cover of the SCBA mask (the looped straps of modified Chen are fully capable of performing the claimed function, see Chen Fig. 2 and Chiu Fig. 5, which look very much like the mask of instant Figs. 1 and 3, and thus are configured as claimed).
Regarding claim 4, Chen in view of Farshoukh, Chiu, Huang, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 1, wherein modified Chen teaches wherein the peelable backing is configured to be removed from the adhesive layer, and the adhesive layer is configured to be pressed around the mouthpiece opening to secure the firefighter respirator mask device around the mouthpiece opening (the adhesive layer of modified Chen is fully capable of performing the intended use as claimed; see Chen Fig. 2 in view of Huang Fig. 4, which looks very much like the mask of instant Figs. 1 and 3, and Huang paras [0017-19], where the modified mask is fully capable of being secured around the mouthpiece opening of a SCBA mask the same way as it is secured around the mouth of a user, such that the adhesive layer is configured as claimed).
Regarding claim 5, Chen in view of Farshoukh, Chiu, Huang, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 1, wherein the firefighter respirator mask device is a reusable mask (there is nothing that would preclude the mask of modified Chen from being reused if no color change has occurred, indicating that the mask is not contaminated, and see also the provision of washability taught by Bierbrodt and Tomohiro as discussed above regarding claim 1).
Claim(s) 6, 8, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Farshoukh, Huang, Volk et al. (US 2021/0345694 A1; hereinafter “Volk”), Gabriel (US 2018/0280738 A1; hereinafter “Gabriel”), Fudo (JP 2019-502833; hereinafter “Fudo,” wherein the citations below refer to the translation provided herewith) and Tong et al. (US 2016/0174631 A1; hereinafter “Tong”).
Regarding claim 6, Chen discloses a firefighter respirator mask device (Fig. 2; the mask is fully capable of being worn by a firefighter) that configured to be used to cover a mouthpiece opening of a SCBA mask (the mask of Chen is fully capable of covering a mouthpiece opening as claimed, in the same way as it covers the mouth of a user; see Chen Fig. 2, which looks very much like the mask of instant Fig. 1, such that it is configured as claimed), the firefighter respirator mask device comprising:
a color-changing body (protective body 1 with indication member 2 thereon) (last para on page 3);
a front surface (facing the viewer in Fig. 2);
a rear surface (facing away from the viewer in Fig. 2);
at least two looped straps (to the right and left in Fig. 2) that are configured to be removably attached around a filter cover of the SCBA mask (the looped straps of Chen are fully capable of performing the claimed intended use; see Chen Fig. 2, which looks very much like the mask of instant Figs. 1 and 3, such that the straps are configured as claimed).
Chen is silent regarding an elastic band within the color-changing body that is configured to aid the color-changing body in being retained around the mouthpiece opening of the SCBA mask. However, Farshoukh demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include an elastic band (hem 1220) within a mask body that is configured to aid the body in being retained around the mouth (Figs. 13 and 19; hem 1120 can comprise and elastic material to facilitate a snug but comfortable fit against a face of the user, para [0056]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify Chen to include an elastic band within the color-changing body that is configured to aid the color-changing body in being retained around the mouthpiece opening of the SCBA mask as taught by Farshoukh, in order to provide the predictable result of a snug but comfortable fit against a user’s face (Farshoukh para [0056]) using an internal elastic component for user comfort (i.e. to space the elastic away from the user’s face) and/or for aesthetic purposes.
Chen is silent regarding the rear surface having an adhesive layer comprising a peelable backing. However, Huang demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include on the rear surface of a mask an adhesive layer (adhesive layer 13) comprising a peelable backing (paper layer 14) (Fig. 3; paras [0017-19]; where the detachment of the paper layer would have been reasonably inferred by an artisan to comprise/able to comprise peeling, as was known across all arts before the effective filing date of the claimed invention for paper backings of adhesive). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to further include on the rear surface thereof an adhesive layer comprising a peelable backing as taught by Huang, in order to provide the predictable result of standard means by which to eliminate gaps between the mask and a user’s face (Huang para [0004]).
Chen is silent regarding a color-changing HEPA filter. However, Volk demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include a HEPA filter (face mask may include…a HEPA filter, para [0017]), such that it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include a HEPA filter as taught by Volks, and for said filter to include the same color-changing capability as the mask body as discussed above, in order provide the predictable results a well-known type of removable filter for increasing the antimicrobial and/or antibacterial properties of the mask (Volk para [00117]), with color change capabilities as taught by Chen, in order to utilize a known means to predictably indicate that the removable filter needs to be changed (Chen abstract).
Chen is silent regarding wherein the at least two straps are each further comprised of at least one magnetic fastener. However, Gabriel demonstrates that it was well known in the respiratory mark art before the effective filing date of the claimed invention for mask straps (ear straps 15/20) (Figs. 1 and 6) to be comprised of at least one magnetic fastener (magnetic buttons 51, 52, para [0031]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the at least two straps are each further comprised of at least one magnetic fastener as taught by Gabriel, in order to provide the predictable results of straps that can be easily detached from the mask to aid in removal of the mask and/or to allow the modified mask to be used without straps.
Chen is silent regarding wherein the color-changing body comprises a two component epoxy. However, Fudo teaches that it was known in the respiratory mask art before the effective filing date of the claimed invention to include wherein the body comprises a two component epoxy (the first reactant 52 and the second reactant 54 may include…a two-component epoxy system, bottom of page 4). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the color-changing body comprises a two component epoxy as taught by Fudo, in order to utilize known materials to predictably provide a nose member that retains a shape that matches the shape of the wearer’s nose and face without having to include an internal wire (Fudo abstract and first para) for enhanced sealing around the mask and/or increased comfort.
Chen is silent regarding wherein the color-changing body is infused with triclosan. However, Tong demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention for the mask body to be infused with triclosan (paras [0050], [0085], claims 1 and 11 of Tong). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the color-changing body is infused with triclosan as taught by Tong, in order to utilize a known material to predictably provide biocidal functionality to the mask so to as to kill bacteria and/or viruses on the spot (Tong para [0013]) for increased respiratory protection.
Regarding claim 8, Chen in view of Farshoukh, Huang, Volk, Gabriel, Fudo and Tong teaches the firefighter respirator mask device of claim 6, wherein modified Chen teaches wherein the peelable backing is configured to be removed from the adhesive layer, and the adhesive layer is configured to be pressed around the mouthpiece opening to secure the firefighter respirator mask device around the mouthpiece opening (the adhesive layer of modified Chen is fully capable of performing the claims intended use; see Chen Fig. 2 in view of Huang Fig. 4, which looks very much like the mask of instant Figs. 1 and 3, and Huang paras [0017-19], where the modified mask is fully capable of being secured around the mouthpiece opening of a SCBA mask the same way as it is secured around the mouth of a user, such that the adhesive layer is configured as claimed).
Regarding claim 9, Chen in view of Farshoukh, Huang, Volk, Gabriel, Fudo and Tong teaches the firefighter respirator mask device of claim 6, wherein modified Chen teaches wherein each of the at least one fastener of the at least two straps is configured to aid in retaining the at least two straps around the filter cover of the SCBA mask (by virtue of allowing for easier mounting by detaching one or both ends of the straps from the mask and then reattaching the end(s), the fasteners of modified Chen are fully capable of performing the claimed intended use; see Chen Fig. 2, which looks very much like the mask of instant Figs. 1 and 3, in view of Gabriel Fig. 6, such that the fasteners are configured as claimed).
Regarding claim 11, Chen in view of Farshoukh, Huang, Volk, Gabriel, Fudo and Tong teaches the firefighter respirator mask device of claim 6, wherein Chen further discloses wherein the color-changing body is configured to change from a first color to a second color when the color-changing body is exposed to a threshold amount of a pathogen, a virus or a bacteria (Chen last two paras on page 3, middle of page 4, where the threshold is the bacteria amount required to cause the color change).
Claim(s) 12, 14, 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Farshoukh, Volk, Meschi (US 2023/0218931 A1; hereinafter “Meschi”), Huang, Chiu, Oh, Bierbrodt and Tomohiro.
Regarding claims 12 and 19, Chen discloses a firefighter respirator mask device (Fig. 2; the mask is fully capable of being worn by a firefighter) that is configure to be used to cover a mouthpiece opening of a SCBA mask (the mask of Chen is fully capable of covering a mouthpiece opening as claimed, in the same way as it covers the mouth of a user; see Chen Fig. 2, which looks very much like the mask of instant Fig. 1, such that it is configured as claimed), the firefighter respirator mask device comprising:
a color-changing body (protective body 1 with indication member 2 thereon) (last para on page 3);
a front surface (facing the viewer in Fig. 2);
a rear surface (facing away from the viewer in Fig. 2);
at least two looped straps that are configured to be removably attached around a filter cover of the SCBA mask (to the right and left in Fig. 2) (the looped straps of Chen are fully capable of performing the claimed intended use; see Chen Fig. 2, which looks very much like the mask of instant Figs. 1 and 3, such that the straps are configured as claimed).
Chen is silent regarding an elastic band within the color-changing body that is configured aid the color-changing body in being retained around the mouthpiece opening of the SCBA mask. However, Farshoukh demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include an elastic band (hem 1220) within a mask body that is configured aid the body in being retained around the mouth (Figs. 13 and 19; hem 1120 can comprise and elastic material to facilitate a snug but comfortable fit against a face of the user, para [0056]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify Chen to include an elastic band within the color-changing body that aids the color-changing body in being retained around the mouthpiece opening of the SCBA mask as taught by Farshoukh, in order to provide the predictable result of a snug but comfortable fit against a user’s face (Farshoukh para [0056]) using an internal elastic component for user comfort (i.e. to space the elastic away from the user’s face) and/or for aesthetic purposes.
Chen is silent regarding the rear surface having at least one pocket, and at least one filter received by the at least one pocket, where the at least one filter is a HEPA filter comprising an edge protrusion extraction tag. However, Volk demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include on the rear surface of a mask at least one pocket and at least one filter received by the at least one pocket, where the at least one filter is a HEPA filter (face mask may include a pocket for inserting a filter pad, such as a HEPA filter…pocket…positioned centrally in the face mask in a mouth-facing surface, para [0017]), and Meschi teaches that it was known in the respiratory mask art before the effective filing date of the claimed invention for a removable/pocket filter (filter 114) (Fig. 1) to comprise an edge protrusion extraction tag (interchangeable …filter (114) has one or more tabs to facilitate the removal of the same in a safe way once contaminated or unusable, para [0068]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include the rear surface having at least one pocket, and at least one filter received by the at least one pocket, where the at least one filter is a HEPA filter comprising an edge protrusion extraction tag as taught by Volk and Meschi, in order to provide the predictable result of a safely exchangeable filter to increase the antimicrobial and/or antibacterial properties of the face mask (Volk para [0017]; Meschi para [0068]).
Chen is silent regarding the rear surface having an adhesive layer having a peelable backing. However, Huang demonstrates that it was well known in the respiratory mask art before the effective filing date of the claimed invention to include on the rear surface of a mask an adhesive layer (adhesive layer 13) having a peelable backing (paper layer 14) (Fig. 3; paras [0017-19]; where the detachment of the paper layer would have been reasonably inferred by an artisan to comprise/able to comprise peeling, as was known across all arts before the effective filing date of the claimed invention for paper backings of adhesive). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to further include on the rear surface thereof an adhesive layer comprised of a peelable backing as taught by Huang, in order to provide the predictable result of standard means by which to eliminate gaps between the mask and a user’s face (Huang para [0004]).
Chen is silent regarding wherein the at least two straps are each comprised of at least one fastener. However, Chiu demonstrates that it was well known in the respiratory mark art before the effective filing date of the claimed invention for the at least two straps (straps 2) (straps 2) (Fig. 5) to each be comprised of at least one fastener (Velcro®) (Fig. 5; para [0043]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the at least two straps are each comprised of at least one fastener as taught by Chiu, in order to provide detachable straps, using a standard/well-known mechanism (i.e. hook and loop), for the predictable results of reducing waste and/or purchase costs (Chiu para [0006]).
Chen is silent regarding wherein the color-changing body comprises a phage-displaying trinitrotoluene binding peptide motif. However, Chen teaches that the indication member is intended to detect pathogens (second to last para on page 3), it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use, see MPEP 2144.07, and Oh teaches that it was known in the art/to solve the problem of color-changing materials for indicating the presence of pathogens before the effective filing date of the claimed invention to utilize a phage-displaying trinitrotoluene binding peptide motif (abstract). Therefore, selecting the claimed material as taught by Oh to serve as the indication member of Chen would have been obvious to an artisan in order to provide the predictable result of a known/suitable, target-specific colourimetric biosensor for the detection of a variety of harmful toxicants and pathogens (Oh abstract) when using the mask of modified Chen.
Chen is silent regarding wherein the color-changing body further comprises a two component epoxy acid-retardant. However, Bierbrodt teaches that it was known in the respiratory mask art before the effective filing date of the claimed invention for a mask body to compris[e] an acid-retardant (outer layer is resistant to…acid, top of page 3), and it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use, see MPEP 2144.07, wherein Tomohiro teaches that it was known to solve the problem of acid-retardance/resistance in textile/fabrics before the effective filing date of the claimed invention by utilizing a two component epoxy acid-retardant (an epoxy…two-component…which is excellent in chemical resistance such as alkali resistance and acid resistance, middle of page 3). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the color-changing body comprises a two component epoxy acid-retardant as taught by Bierbrodt and Tomohiro, in order to predictably provide a mask body that has high wear and tear resistance, washability and good resistance to disinfectants to provide for extended use and/or washing and reuse (Bierbrodt bottom of page 2; Tomohiro middle of page 3).
Regarding claim 14, Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 12, wherein modified Chen teaches wherein the peelable backing is configured be removed from the adhesive layer, and the adhesive layer is configured to be pressed around the mouthpiece opening to secure the firefighter respirator mask device around the mouthpiece opening (the adhesive layer of modified Chen is fully capable of performing the claimed intended use; see Chen Fig. 2 in view of Huang Fig. 4, which looks very much like the mask of instant Figs. 1 and 3, and Huang paras [0017-19], where the modified mask is fully capable of being secured around the mouthpiece opening of a SCBA mask the same way as it is secured around the mouth of a user, such that the adhesive layer is configured as claimed).
Regarding claim 15, Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 12, wherein modified Chen teaches wherein each of the at least one fastener of the at least two looped straps is configured to aid in retaining the at least two looped straps around the filter cover of the SCBA mask (by virtue of allowing for easier mounting by detaching one or both ends of the straps from the mask and then reattaching the end(s) and/or adjusting the length of the straps, the fasteners of modified Chen are fully capable of performing the claimed intended use, see Chen Fig. 2, which looks very much like the mask of instant Figs. 1 and 3, in view of Chiu Fig. 5, such that the fasteners are configured as claimed).
Regarding claim 17, Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 12, wherein the color-changing body is configured to change from a first color to a second color when the body is exposed to a threshold amount of a pathogen, a virus or a bacteria (Chen last two paras on page 3, middle of page 4, where the threshold is the bacteria amount required to cause the color change, and see also Oh).
Regarding claim 18, Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 17, but modified Chen is silent regarding wherein the first color is green and the second color is red. However, the selection of particular colors for indication is design choice, and green = good and red = bad was a standard color scheme known across arts before the effective filing date of the claimed invention, such that it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the first color is green and the second color is red in order to utilize a standard color scheme for intuitively indicating whether the mask has been contaminated or not.
Regarding claim 20, Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 15, where Volk educates modified Chen to include at least one filter as discussed above regarding claim 12, and wherein it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the at least one filter changes from a first color to a second color when the body is exposed to a threshold amount of a pathogen, a virus or a bacteria, in order to provide the predictable result of the removable filter taught by Volk also having the color change capabilities as taught by Chen, in order to provide a known means by which to indicate that the removable filter needs to be changed.
Claim(s) 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Farshoukh, Huang, Volk, Gabriel, Fudo and Tong as applied to claim 6 above OR Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro as applied to claim 11 above, and further in view of Olsen et al. (US 2003/0000533 A1; hereinafter “Olsen”).
Regarding claims 7 and 13, Chen in view of Farshoukh, Huang, Volk, Gabriel, Fudo and Tong OR Chen in view of Farshoukh, Volk, Meschi, Huang, Chiu, Oh, Bierbrodt and Tomohiro teaches the firefighter respirator mask device of claim 6 OR 13, but modified Chen is silent regarding wherein the at least two straps are comprised of a flexible, flame retardant and acid damage resistant material. However, it has been held to be within the general skill of one in the art to select a known material on the basis of its suitability for the intended use, see MPEP 2144.07, and Olsen demonstrates that it was known in the respiratory mask before the effective filing date of the claimed invention for a strap (strap 1202) (Fig. 11) within a mask system to be comprised of a flexible, flame retardant and acid damage resistant material (Teflon[®] strap 1202, para [0055]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Chen to include wherein the at least two straps are comprised of a flexible, flame retardant and acid damage resistant material, i.e. Teflon®, as taught by Olsen, in order to provide the predictable result of straps with reduced friction (Olsen para [0055]) so as to minimize user discomfort when the straps shift on the ears and/or to reduce snagging with e.g. user hair.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references teaching hook and loop attachment of holding straps to masks: Han (KR 20-0285632 Y1); Jung (KR 102345535 B1); Hansen (US 5,107,543; Fig. 8). Additional references regarding the inclusion of acid-resistance in face masks: Jiang et al. (CN 113349491 A1); An et al. (CN 111557490 A); An et al. (CN 111449329 A). Additional references regarding the inclusion of triclosan in face masks: Bolduc (US 2006/0117729 A1); Bidermann (US 2009/0320849 A1, e.g. para [0053]). Additional reference regarding HEPA filters in mask pockets: Brizuela (US 2021/0368890 A1; Fig. 8, paras [0048] and [0061]). Additional references regarding flame- and acid-resistant straps (made of silicone rubber) for a respiratory mask: Lu (CN 111358073 A); Townsend et al. (GB 2470027 A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E DITMER whose telephone number is (571)270-5178. The examiner can normally be reached M-Th 7:30a-4:30p, F 7:30a-11:30a ET.
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/KATHRYN E DITMER/Primary Examiner, Art Unit 3785