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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/09/2025 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Examiner acknowledges the reply filed on 10/09/2025 in which claim 1 has been amended and claim 9-20 have been canceled. Currently, claims 1-8 are pending for examination in this application.
Response to Arguments
Applicant's arguments filed 10/09/2025 have been fully considered but they are not persuasive. Applicant argues that the amended limitations of independent claim 1, which include limitations of canceled claim 9, are not taught by Kim alone or Kim in view of Legare. While Examiner concedes now and previously in canceled claim 9, that Kim does not teach the inlet provided in a rear surface of the mask body, the modification of Legare provided in claim 9 teaches the limitation cited. Specifically, Legare teaches a pair of inlets provided on a rear surface of the mask body for the delivery of purified air into the mask body [0056]. The teachings of Legare in combination with the device of Kim thus teach the claimed limitations as will be further explained below. Applicant also argues the inlets of Legare exhaust air and do not supply purified air into the respiration space which is simply incorrect and is disproven by [0056] Unfiltered air enters the cartridge housing 60 through the through-perforations of air-permeable area 63 of rear side 62 of the cartridge housing. From there the air passes through the through-perforations of first air-permeable area 52 of filter cartridge 1. The air then passes through the filter media 10 and is filtered thereby. The filtered air then exits the filter cartridge 1 through the through-perforations of second air-permeable area 52′, and enters plenum 68 of the cartridge housing 60. The air then flows through passage 70, which fluidly connects plenum 68 to respirator body 310.
Therefore, a new ground(s) of rejection is made in view of Legare et al. (US 20180361295 A1).
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20200206546 A1) in view of Legare et al. (US 20180361295 A1) and Betteridge et al. (US 20230263983 A1).
Regarding claim 1, Kim discloses a mask apparatus (mask 1; figure 1-2) comprising:
a mask body (mask body 10; figure 1-4) including a rear body (frame 11 and first and second cleaner bodies 21/41; figure 3-4) and a front body (front cover 12 and first and second cleaner covers 22/42; figure 1-2 and 4), the front body being coupled to a front surface of the rear body (figure 4-5; para [0032]) and the mask body providing an inlet ([0046] suction openings 221 and 421; figure 4 and 7-8) and an outlet ([0033] inlet 111a/111b; figure 3, 5 and 15);
a face guard that is coupled to a rear surface of the rear body ([0036] packing 15; figure 1-5), that is configured to accommodate a portion of user's face (para [0036]), and that defines a respiration space on an inner side thereof (inner space between packing 15 and frame 11; see figure 3); and
an air cleaning module that includes a filter and a fan module (first and second fan modules 24/44 and first and second filter modules 25/45; figure 1-4) that is mounted on the rear body (see figure 4 and 7-8), that is configured to purify air introduced into the inlet of the mask body (para [0040] and [0046]; see figure 15), and that is configured to supply the purified air to the respiration space (para [0040]; see figure 15},
wherein a portion of the rear body protrudes toward the front body (housing of first and second cleaner bodies 21/41; figure 3-4) and defines an accommodation portion (housing of first and second cleaner bodies 21/41 including first and second accommodation space 215/415; figure 7-8) configured to accommodate the air cleaning module (24/44 and 25/45) (see figure 7-8),
wherein the rear body includes:
a face cover portion configured to cover the portion of user's face (outer surface of frame 11 facing a user; see figure 3 and 5), and
a fused portion that extends forward from an edge of the face cover portion (inner portion of frame 11 extending from the outer surface and including fixtures 113, 114, 119; figure 5) and that includes:
a seating portion accommodating an edge of a rear surface of the front body (fixtures 113, 114, accommodating fasteners 126 and 127 on the upper and lower edge of the rear surface of front cover 12; figure 5),
a support portion supporting an edge of a side surface of the front body (first and second partition plate 121/122; para [0056] discloses the partition may be disposed on the frame 11 instead of the front cover as depicted in figure 5. In a configuration with the first and second partition plate 121/122 on the frame 11 the partition plates support the structure of the side surface of the front cover as can be seen in figure 5 where the first and second partition plate 121/122 on the front cover 12 support the frame 11 in order to form a flow path), and
a moat portion recessed at a position at which the seating portion and the support portion meet (flow channel formed between upper fixture 113 and first partition plate 121 and flow channel formed between second partition plate 121 and lower fixture 114 exemplified by figure 5), and
wherein the outlet (111a/111b) is provided at a rear surface of the mask body to (ii) supply the introduced air to the respiration space through the rear surface of the mask body ([0033] and figure 3).
Kim is silent as to wherein the inlet is respectively provided at a rear surface of the mask body to thereby (i) introduce air into the mask body through the rear surface of the mask body,
wherein the inlet includes (i) a left inlet provided at a left side from a center of the rear body and (ii) a right inlet provided at a right side from the center of the rear body, and
wherein the outlet includes (i) a left outlet provided between the center of the rear body and the left inlet and (ii) a right outlet provided between the center of the rear body and the right inlet.
Kim teaches the inlet ([0046] suction openings 221 and 421; figure 4 and 7-8) is provided on a front surface of the mask body (figure 1-2).
However, Legare teaches a mask (figure 6) with an inlet ([0056] through-perforations of air-permeable area 63; figure 8-9 and 11) provided in the rear surface of the mask body to thereby introduce air into the mask body through the rear surface of the mask body ([0047] Front side 61 of cartridge housing is air-impermeable, while rear side 62 of cartridge housing 60 comprises an air-permeable area 63 (which may conveniently be achieved by providing numerous through-perforations in area 63 of rear side 62 of cartridge housing 60, as shown in FIG. 8). It will be appreciated that locating the air-permeable side of the filter cartridge housing on the rear side of the cartridge housing (that is, the side toward the wearer's face) can advantageously shield the filter cartridge from splashes of liquid, from debris emitted by industrial processes (e.g. such as grinding), from sparks from welding, and so on. Unfiltered air enters the cartridge housing 60 through the through-perforations of air-permeable area 63 of rear side 62 of the cartridge housing. From there the air passes through the through-perforations of first air-permeable area 52 of filter cartridge 1. The air then passes through the filter media 10 and is filtered thereby. The filtered air then exits the filter cartridge 1 through the through-perforations of second air-permeable area 52′, and enters plenum 68 of the cartridge housing 60. The air then flows through passage 70, which fluidly connects plenum 68 to respirator body 310; figure 7-9 and 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the inlets of Kim to be provided on the rear surface of the mask body as taught by Legare in order to shield the filter from debris or liquid during use [0047] and further construct the rest of the air cleaning module to be in the same orientation (essentially just flipping the air cleaning module with the same connections) so as to not affect the cleaning/filtering function.
Modified Kim teaches wherein the inlet includes (i) a left inlet ([0046] suction openings 221; figure 1, 4 and 7) provided at a left side from a center of the rear body (as per modification above, the suction openings 221 and 421 are provided on the rear surface of the mask body) and (ii) a right inlet ([0046] suction openings 421; figure 2, 4 and 8) provided at a right side from the center of the rear body (as per modification above, the suction openings 221 and 421 are provided on the rear surface of the mask body), and
wherein the outlet includes (i) a left outlet ([0033] inlet 111a; figure 3) provided between the center of the rear body and the left inlet (see figure 3, inlet 111a is provided between center of frame 11 and first cleaner 20 which houses suction openings 221, which are provided on the rear surface of the mask body as per the modification above) and (ii) a right outlet ([0033] inlet 111b; figure 3) provided between the center of the rear body and the right inlet (see figure 3, inlet 111b is provided between center of frame 11 and second cleaner 40 which houses suction openings 421, which are provided on the rear surface of the mask body as per the modification above).
Kim is silent as to wherein the moat portion is configured to, based on the front body and the rear body contacting each other and being heat-sealed using a melted injection product, block a portion of the melted injection product from flowing out of a coupling surface between the front body and the rear body (upper and lower rim of frame 11 and front cover 12 are configured to be contacting each other; see figure 3, 5 and 17) during the heat sealing, thereby blocking burr formation outside the mask body (this is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
With regard to Claim 1 which is/are a product by process claim(s), the product disclosed by the prior art is identical to the claimed product, even though (it is made by a somewhat different process/the prior art is silent on the method of making). There is no evidence to show that the claimed process imparts any patentable distinction between the claimed product and that of the prior art. When the reference teaches a product that appears to be the same as, or an obvious variant of, the product set forth in a product-by-process claim although produced by a different process. See In re Marosi, 710 F.2d 799, 218 USPQ 289 (Fed. Cir. 1983) and In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). See also MPEP § 2113.
Additionally, Betteridge teaches a patient interface (100) wherein the housing 122 and the seal 124 are molded (e.g., injection molded). Thus, the housing 122 and the seal 124 can be constructed from moldable materials. In some configurations, the seal 124 is coupled to the housing 122 during a molding process, such as an over-molding process (see [1186] and figure 15). Additionally, [1190] The front wall 150 and the collar 152 can be unitarily formed of a material with sufficient strength and rigidity to maintain a breathing chamber 102 during use, such as a relatively rigid polymeric material (e.g., polycarbonate), by a process such as molding (e.g., injection molding).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the upper and lower rim of frame and front cover of Kim to be unitarily formed of a material with sufficient strength and rigidity via injection molding in order to maintain the structure of the device, as taught by Betteridge [1190].
Modified Kim teaches wherein the moat portion (flow channel formed between upper fixture 113 and first partition plate 121 and flow channel formed between second partition plate 121 and lower fixture 114 exemplified by figure 5) is configured to, based on the front body and the rear body contacting each other and being heat-sealed using a melted injection product, block a portion of the melted injection product from flowing out of a coupling surface between the front body and the rear body during the heat sealing (as per modification above, upper and lower rim of frame and front cover of Kim are heat sealed via injection molding ), thereby blocking burr formation outside the mask body (this is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). The flow channel formed between upper fixture 113 and first partition plate 121 and flow channel formed between second partition plate 121 and lower fixture 114 perform the function of preventing a phenomenon that a portion of a melted injection product flows out of the coupling surface to cause burr when the frame 11 and front cover 12 are in contact with each other and heat-sealed as there is a sufficient drainage space formed by the channels).
Regarding claim 2, modified Kim teaches wherein the moat portion is recessed to a predetermined depth in an extending direction of the seating portion from the position at which the seating portion and the support portion meet (see figure 5, the space between upper fixture 113 and first partition 121 in a configuration on the frame 11 is recessed at a depth designed to accommodate the nose of a user and the space between lower fixture 114 and second partition 122 in a configuration on the frame 11 is recessed at a depth designed to accommodate the mouth of a user).
Regarding claim 3, modified Kim teaches wherein the moat portion is recessed to a predetermined depth in an extending direction of the support portion from the position at which the seating portion and the support portion meet (see figure 5, the space between upper fixture 113 and first partition 121 in a configuration on the frame 11 is recessed at a depth designed to accommodate the nose of a user and the space between lower fixture 114 and second partition 122 in a configuration on the frame 11 is recessed at a depth designed to accommodate the mouth of a user).
Regarding claim 4, modified Kim teaches wherein the moat portion is recessed to a predetermined depth in a direction between an extending line of the seating portion and an extending line of the support portion from the position at which the seating portion and the support portion meet (see figure 5, the space between upper fixture 113 and first partition 121 in a configuration on the frame 11 is recessed at a depth designed to accommodate the nose of a user and the space between lower fixture 114 and second partition 122 in a configuration on the frame 11 is recessed at a depth designed to accommodate the mouth of a user).
Regarding claim 5, modified Kim teaches wherein the filter is disposed in front (The Examiner is interpreting “in front of” as downstream in sequence of the flow path) of the inlet (first and second filter module 25/45; figure 7-8),
wherein the fan module is disposed in front of the filter (first and second fan module 24/44; figure 7-8) and accommodated on a seating surface (first and second compartment rib 216/416; figure 7-8) of the accommodation portion (215/415), and
wherein the fan module is a centrifugal fan (24/44) configured to intake air in an axial direction and discharge the air in a radial direction (see figure 15).
Regarding claim 6, modified Kim teaches wherein the air cleaning module further includes:
a flow guide disposed between the filter and the fan module (duct 211(411) act as a flow guide; see figure 7-8 and 15), and
a filter housing that is mounted on the rear body and that covers the filter (first and second air cleaner covers 22/42 and first and second compartment rib 216/416 mounted on first and second cleaner bodies 21/41; figure 7-8).
Regarding claim 7, modified Kim teaches wherein the accommodation portion includes:
a fastening surface (first locking hooks 217 and hook on third side surface 21c; figure 7) extending forward from a side end portion of the rear body (extending from second and third side surface 21b, 21c of first cleaner body 21),
a seating surface (first cleaner body 21 may form a body by a bottom surface, a first side surface 21a, a second side surface 21b, a third side surface 21c, and a fourth side surface 21d; figure 7) that extends from an end portion of the fastening surface (bottom end portion of hooks) toward a center of the rear body and that accommodates the air cleaning module (side surfaces extend toward a center of the body and accommodates the filter 25 and fan 24),
an air guide surface (inner surface of compartment rib 216; figure 7) connecting an end portion of the seating surface to a front surface of the rear body (the inner surface of compartment rib 216 connects the perimeter of the side surface 21a to the first compartment rib 216 which protrudes toward a front surface of the cleaner body 21; figure 7),
an upper surface connecting upper ends of the fastening surface, the seating surface, and the air guide surface to the front surface of the rear body (see upper half portion of figure 7), and
a lower surface connecting lower ends of the fastening surface, the seating surface, and the air guide surface to the front surface of the rear body (see lower half portion of figure 7) (also replicated on second cleaner body 41 see figure 8).
Regarding claim 8, modified Kim teaches wherein at least one of the fastening surface is curved (hook portion of first and second fixing hook 212/412 curve inwardly).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mautin I Ashimiu whose telephone number is (571)272-0760. The examiner can normally be reached Monday - Friday, 7:30 a.m. - 4:30 p.m. ET.
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/M.I.A./Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785