DETAILED ACTION
This office action is responsive to the preliminary amendment filed 2/2/2023. As directed claims 1-68 have been canceled, claims 69-84 have been amended, and claim 85 has been added. Thus claims 69-85 are currently pending.
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 .
Election/Restrictions
Applicant’s election of Species I in the reply filed on 5/26/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 70-76, 78-82, and 84 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.
Claim Objections
Claim 85 is objected to because of the following informalities: “attached on the head or on the face” is unclear as it appears human parts are being claimed within the scope. Examiner suggests using configured to or adapted to language.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 69, 77, 83, and 85 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (4,944,312).
Regarding claim 69, Smith discloses able to be used for the novel coronavirus (abstract lines 1-5), comprising: a transparent sheet (16) with a head holder (18), which has no slit, grooves and recesses (as shown, the sheet 16 includes no slits, grooves, or recesses), in order that the air between the transparent sheet (16) and human face does not escape (as shown, the shield is continuous and thus shields against air particles escape (col.2 lines 20-30) wherein the transparent sheet is flattened after carrying and storing (col. 4 lines 50-65).
Regarding claim 77, Smith discloses a forehead pad (14a) whose length is shorter than a width of the sheet col. 4 lines 15-25).
Regarding claim 83, Smith discloses the transparent sheet (16) is foldable vertically or horizontally (abstract lines 1-20, col. 4 lines 1-15).
Regarding claim 85, Smith discloses the transparent sheet (16) is bent and configured to be attached on the head or on the face with a space between the transparent sheet and the face (col. 4 lines 1-15), which is able to be heated by body temperature of the face, breath (i.e. a user wearing and breathing will radiate heat), and the temperature, humidity, and air pressure in this space are thus able to be increased able to prevent viruses and bacteria from entering from a bottom or sides of the mask (since the mask includes a transparent sheet 16 and a user wearing and breathing will radiate heat and humidity, the mask includes all structure necessary to perform the function).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Olson (4,852,185) discloses a transparent sheet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785
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