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
Examiner acknowledges the reply filed on 06/12/2026 in which claim 1 has been amended. Currently, claims 1-2 and 5-15 are pending for examination in this application.
Response to Arguments
Applicant's arguments, see Remarks pg. 6-9, filed 06/12/2026, regarding amened claim 1 have been fully considered but they are not persuasive. Applicant argues that the cushion clip of Davidson teaches connecting three separate components rather than coupling upper and lower sections of a mask body. Applicant also argues that the clip portions 72, 74, 76 are not flanges integrated into a lower section of a body and the slots 92 are not housings integrated into an upper section of a body. Examiner disagrees with these arguments because at least the structure of Davidson’s cushion clip, and frame constitutes a mask body where a lower section (the cushion clip 70) is coupled to an upper section (frame 90) via clips 72, 74, 76 snap-fitting into respective slots 92 of the upper section frame 90.
Applicant argues the combination of Patil and Davidson would require a fundamental redesign of Patil’s fastening system. Patil [0032] discloses “the upper clamp 132b may be attached to the lower clamp 132a using…snaps, or other retaining structure” and Davidson discloses a snap-fit clip mechanism. Patil teaches being able to be used with a snap retaining structure or other retaining structure and Davidson is simply an example of a snap-fit retaining mechanism. Applicant’s argument is false as Patil specifically teaches the upper and lower sections being able to be attached via known snap mechanisms or other retaining structures and Davidson teaches a possible known snap-fit retaining mechanism.
Applicant states that the motivation to combine Reischel is not suggested by Reischel and relies on hindsight. Although, Reischel does not explicitly disclose a need to be assembled or disassembled for repair, replacement, or maintenance, this is an undeniable benefit of making the body of the mask easily detachable. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Modified Reischel does teach the limitation of amended claim 1 since there are a plurality of clip portions 72, 74, 76 and respective slots 92.
Patil teaches a similar mask structure as Reischel that establishes an upper and lower section of the mask body may be attached with snaps or other retaining structure and Davidson teaches a snap retaining structure comprising a plurality of flanges integrated on a lower portion (clip portions 73, 74, 76) attached to a plurality of housings integrated on the upper portion (respective slots 92).
Applicant's arguments, see Remarks pg. 10, filed 06/12/2026, regarding claim 15 have been fully considered but they are not persuasive. Gaffney’s bezel 46 does constitute a slot as it forms a narrow opening for attaching the lens. Additionally, the portion of the lens perimeter constitutes as a pin because that portion of the lens projects/extends outwardly from the rest of the lens. As seen in Examiner Annotation’s 1, the inner seal formed by the face seal 30 and body 32 includes a second slot surrounding the opening formed by the bezel 46 and also holds the pin of the lens in place.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-2, 5-6, 8, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reischel et al. (US 5924420 A), Patil et al. (US 20140116430 A1), Davidson et al. (US 20080257354 A1), and Gaffney et al. (US 20100258131 A1).
Regarding claim 1, Reischel discloses a full face respirator mask (full face respiratory mask 10; fig. 1-3 and 6), comprising:
a body that comprises a detachable modular structure (frame comprising upper frame member 22 and lower frame member 24; col. 3 line 50-53; fig. 1-3 and 6), the body being subdivided into an upper section (upper frame member 22; fig. 1-3 and 6) and a lower section (lower frame member 24; fig. 1-3 and 6);
an inner seal comprising a frame that defines a perimeter (the combination of elements face seal 20 and nose cup 40; fig. 1-3 and 6. Face seal 20 and nose cup form an inner seal for fitting against the user’s face); and
a transparent shield (rigid plastic lens 14 including transparent viewing portion 15; fig. 1-4. Lens portion 14 including a lens cover 72; fig. 6) connected to the perimeter of the inner seal (perimeter of lens 14 is connected to the perimeter of face seal 20; see fig. 1-3 and 6);
wherein the body is connected to the perimeter of the inner seal (frame comprising upper frame member 22 and lower frame member 24 is connected to the perimeter of face seal 20; see fig. 1-3 and 6);
wherein the body (22 and 24), the inner seal (20 and 40), and the transparent shield (14) together define a mask (full face respirator mask 10; see figure 1-3 and 6);
a mouth-nose cup (nose cup 40; fig. 2-3 and 6);
wherein the mask has an interior sealed from an exterior by the transparent shield, the inner seal, and the body (Respirator mask 10 is a full face respirator mask that provides coverage of substantially the entire area over a wearer's face, including coverage of the eyes, nose and mouth; col. 3 line 33-36; see fig. 1-2);
an opening (opening at exhalation port 18; fig. 3, also see fig. 6) configured to connect the mouth-nose cup of the inner seal (40) with the exterior of the mask (The exhalation port 18 is configured for receiving and aligning a center adapter 30 on which fits a nose cup 40 fitting against the wearer's face and generally covering the mouth and nose; col. 3 line 54-57; fig. 3-4 and 6) through the transparent shield (14);
wherein the inner seal (20 and 40) is configured to seal the perimeter of a face (face seal 20 prevents vapors, fumes, dust, mists, and other irritants and harmful gasses and fluids from coming into contact with the wearer's face; col. 3 line 38-40; fig. 1-3 and 6); and
wherein the mouth-nose cup of the inner seal (40), is configured to seal the mouth- nose area inside the mask and the opening (The exhalation port 18 is configured for receiving and aligning a center adapter 30 on which fits a nose cup 40 fitting against the wearer's face and generally covering the mouth and nose; col. 3 line 54-57; fig. 3-4 and 6).
Reischel is silent as to the body comprising a plurality of flanges integrated into one of the upper section or the lower section, and a plurality of housings integrated into the other one of the upper section or the lower section, each of the plurality of flanges configured to engage a corresponding one of the plurality of housings, the flange being configured to slide into the housing in a pressure-fit engagement until locked and to be removable by pressing the flange to disengage it from the housing, thereby detachably coupling the upper section to the lower section without requiring tools for assembly or disassembly.
However, Patil teaches a respirator mask (fig. 3) comprising a body subdivided into an upper section and a lower section ([0032] lower clamp 132a and upper clamp 132b; fig. 3) wherein the upper section and the lower section are configured to be attached via a retaining structure ([0032] The upper clamp 132b and the lower clamp 132a may be placed to hold the lens 120 and the face seal 130 together, and the upper clamp 132b may be attached to the lower clamp 132a using screws, rivets, adhesive, snaps, or other retaining structure; figure 3).
Additionally, Davidson teaches a mask assembly (figure 7-1) comprising a plurality of flanges integrated into a lower section ([0059] a cushion clip 70 including side clip portions 72, 74 and a bottom clip portion 76 adapted to engage respective slots 92 provided on the frame 90; figure 7-1), and a plurality of housings integrated into the upper section ([0059] respective slots 92 provided on the frame 90; figure 7-1), each of the plurality of flanges configured to engage a corresponding one of the plurality of housings ([0059] a cushion clip 70 including side clip portions 72, 74 and a bottom clip portion 76 adapted to engage respective slots 92 provided on the frame 90; figure 7-1), the flange being configured to slide into the housing in a pressure-fit engagement until locked ([0060] the cushion clip/cushion sub-assembly is engaged with the frame 90 by inserting the clip portions 72, 74, 76 of the cushion clip 70 into respective slots 92 of the frame 90, e.g., with a snap-fit; figure 7-1) and to be removable by pressing the flange to disengage it from the housing (Examiner notes that bottom clip portion 76 is able to be removed by pushing the lip portion in a manner to disengage the snap-fit, thereby releasing the bottom clip portion 76 from the bottom slot 92 ), thereby detachably coupling the upper section to the lower section without requiring tools for assembly or disassembly ([0060] the cushion clip/cushion sub-assembly is engaged with the frame 90 by inserting the clip portions 72, 74, 76 of the cushion clip 70 into respective slots 92 of the frame 90, e.g., with a snap-fit; figure 7-1).
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 frame member and lower frame member of Reischel to be attached using a known retaining structure, as taught by Patil, such as a plurality of clip portions formed on the lower frame member configured to engage respective slots on the upper frame member with a snap-fit, as taught by Davidson, as a snap-fit configuration simplifies assembly and disassembly for repair, replacement, or maintenance of components.
Reischel does not disclose the mouth-nose cup is integrated to the frame of the inner seal to form a monolithic structure.
However, Gaffney teaches a respirator (10) comprising a mouth-nose cup (nose cup 22; fig. 6) integrated to the frame of the inner seal ([0025] face seal 30 including chin cup 44; fig. 3-5) to form a monolithic structure ([0036] The nose cup 22 includes a seal 80 that seals against the user's face. A portion of the seal 80 engages the chin cup 44. Optionally, the nose cup may be integrally formed with the chin cup 44, the body 32 and/or the face seal 30).
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 nose cup of Reischel to be integrally formed with the chin portion of the face seal and/or the inner portion of the face seal as taught by Gaffney, in order to reduce the number of structural components that need to be assembled by a user, forming a simpler product. Additionally, it has been held that “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice”. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding claim 2, modified Reischel teaches the mask according to claim 1, Reischel teaches wherein the inner seal (the combination of elements face seal 20 and nose cup 40) has a first fold that coincides with a front edge of the body (see fig. 6, outer rim of face seal that connects to upper frame 20 and lower frame 24; see fig. 2 for assembled configuration); and a second fold that wraps around the opening (outer rim of center orifice 42 of nose cup 40 connecting to center adapter 30; see fig. 1-3 and 6).
Regarding claim 5, modified Reischel teaches the mask according to claim 1, Reischel teaches further comprising a coupling connected to the opening (The exhalation port 18 is configured for receiving and aligning a center adapter 30 on which fits a nose cup 40; fig. 1-3 and 6).
Regarding claim 6, modified Reischel teaches the mask according to claim 5, Reischel teaches wherein (center adapter 30 comprising exhalation valve 38 allowing flow outward, but not inward, and center adapter cover 36; see col. 3 line 54-65; fig. 1-3 and 6. Center adapter 30 acts as a filter by inhibiting flow of air into the opening via the exhalation valve 38 and center adapter cover 36) the coupling includes a filter coupling (center adapter 30 comprising exhalation valve 38 allowing flow outward, but not inward, and center adapter cover 36; see col. 3 line 54-65; fig. 1-3 and 6. Center adapter 30 acts as a filter by inhibiting flow of air into the opening via the exhalation valve 38 and center adapter cover 36) comprising:
one container (center adapter base 34; col. 3 line 54-65; fig. 6); and
a lid (center adapter cover 36; col. 3 line 54-65; fig. 6);
wherein the container and the lid are adapted to couple to each other (A center adapter cover 36 mounts over the center adapter base 34; col. 3 line 54-65; fig. 1 and 6);
wherein the container is coupled to the opening (the center adapter 30 includes a center adapter gasket 32 fitting against the periphery of the exhalation port 18 and a center adapter base 34; col. 3 line 54-65; see fig. 6);
wherein the filter material is placed between the container and the lid (see fig. 6, exhalation valve 36 is placed between inner end of center adapter base 34 and center adapter cover 36. As established above, the exhalation valve 36 is a filter as it inhibits flow of air into the opening; see col. 3 line 54-65);
wherein the lid is connected to the container by means of a snap-in assembly (A center adapter cover 36 mounts over the center adapter base 34; col 3 line 54-65. see fig. 6, fastening device in form of hooks on upper edge of center adapter base 34 for connecting center adapter cover).
Regarding claim 8, modified Reischel teaches the mask according to claim 5, but is silent as to wherein the coupling is connected to the opening by means of a bayonet-type connection.
Reischel discloses the exhalation port 18 is configured for receiving and aligning a center adapter 30 on which fits a nose cup 40 fitting against the wearer's face and generally covering the mouth and nose. As shown in FIG. 6, the center adapter 30 includes a center adapter gasket 32 fitting against the periphery of the exhalation port 18 and a center adapter base 34 (col. 3 line 54-59) but does not disclose the connection means.
However, Reischel teaches a bayonet-type connection means for connecting complementary elements. Specifically, Reischel teaches each face shield inhalation port 16 includes a bayonet type connector 50 that is configured for receiving a complementary connector member of a breathable air source, such as an interchangeable and replaceable filter cartridge or an air supply connector; col. 4 line 5-9. The bayonet type connector 50 inserts into a complementary connector portion of a breathable air source connector and is rotated to engage the tabs 60 until the tabs engage the ends of the corresponding slots, providing a positive rotational stop point; col. 4 line 37-41; see fig. 4-5.
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 connection means of the center adapter to the exhalation port to include a bayonet type connector means, as taught by Reischel, as it would have been obvious substitution of one known element for another, using the bayonet type connector means taught by Reischel in place of the unspecified connection means, and would provide predictable results, providing a reliable connection means for connecting complementary elements (see Reischel col. 4 line 5-9).
Regarding claim 15, modified Reischel teaches the mask according to claim 1, but is silent as to wherein the body comprises a first slot configured to receive at least one pin projecting from the transparent shield, and wherein the inner seal comprises a second slot aligned with the first slot, such that the at least one pin passes through the second slot and the first slot for attachment of the body, thereby aligning the body, the inner seal, and the transparent shield.
However, Gaffney teaches a respirator (10; figure 1-6) wherein a body ([0027] the bezel 46 is a separate frame component attached to the body 32; figure 3-4) comprises a first slot configured to receive at least one pin projecting from the transparent shield ([0027] A bezel 46 is provided at the front edge 34 and surrounds the opening 42. In an exemplary embodiment, the bezel 46 is a separate frame component attached to the body 32 and includes a circumferential groove that receives the lens 14; figure 4 and 6. Examiner notes the pin is the circumferential projecting portion of the lens 14 as seen in figure 6 and Examiner Annotations 1), and wherein the inner seal ([0023] face seal 30 including body 32; figure 5) comprises a second slot aligned with the first slot ([0027] The body 32 extends between the front edge 34 and the rear edge 36. A bezel 46 is provided at the front edge 34 and surrounds the opening 42; figure 4-6), such that the at least one pin passes through the second slot and the first slot for attachment of the body ([0027] The body 32 extends between the front edge 34 and the rear edge 36. A bezel 46 is provided at the front edge 34 and surrounds the opening 42. In an exemplary embodiment, the bezel 46 is a separate frame component attached to the body 32 and includes a circumferential groove that receives the lens 14; figure 6), thereby aligning the body, the inner seal, and the transparent shield (see figure 6 and Examiner Annotations 1).
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Examiner Annotations 1
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Reischel to include a the mask of Reischel to implement a circumferential groove in the frame members configured to surround an opening/circumferential groove of the inner seal and receiving a circumferential projection of the transparent lens in order to firmly hold the lens in place between the first and second grooves of the frame and inner seal, respectively, as taught by Gaffney (see figure 6).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reischel et al. (US 5924420 A), Patil et al. (US 20140116430 A1), Davidson et al. (US 20080257354 A1), and Gaffney et al. (US 20100258131 A1) as applied to claim 5 above, and further in view of Borsari (US 20160263338 A1).
Regarding claim 7, modified Reischel teaches the mask according to claim 5, but is silent as to wherein the coupling includes a coupling tube configured to connect an outer gas tube to the opening, the coupling tube being selected from the group consisting of straight couplings, reducing couplings, male thread couplings, female thread couplings, compression fittings, 90° elbow couplings, 45° elbow couplings, threaded nipples, metallic threaded nipples, concentric reductions, bushing flanges, or other known equivalent couplings, and combinations thereof.
However, Borsari teaches a respiratory mask (10; fig. 1A-1B) comprising a coupling tube ([0035] one inlet fitting 15; fig. 1A) configured to connect an outer gas tube ([0035] at least one inlet fitting 15 for inletting the mixture of air and oxygen coming from a ventilation apparatus, not shown, through a tube 16; fig. 1A) to the opening (see fig. 2-3), the coupling tube being selected from the group consisting of 90° elbow couplings (15; fig. 1A).
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 Reischel device to include a 90°elbow coupling tube for connecting an outer gas tube to the opening, as taught by Borsari, as it would have been obvious substitution of one known element for another, using the coupling tube and outer gas tube taught by Borsari in place of the center adapter of Reischel, and would provide predictable results, inletting a mixture of air and oxygen from a ventilation apparatus into the mask (see Borsari [0035]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reischel et al. (US 5924420 A), Patil et al. (US 20140116430 A1), Davidson et al. (US 20080257354 A1), and Gaffney et al. (US 20100258131 A1) as applied to claim 1 above, and further in view of Britten (US 20230158341 A1).
Regarding claim 9, modified Reischel teaches the mask according to claim 1, but is silent as to wherein the diameter of the opening is greater than 25mm.
However, Britten teaches a mask (1; fig. 1-5) comprising an opening with a diameter greater than 25mm ([0078] In the front of the mask there is an exit port 2 roughly at the level of the wearer's mouth, with a circular diameter of the order of the size of the opening of an adult mouth during breathing, cough or sneezing (in this embodiment 40 mm). The exact dimensions of a particular embodiment need to be matched to the population being served, and possibly different size fittings will be used to match more closely the mask and exit port to the individual, and also considering adult or child dimensions; fig. 1 and 3-6. [0090] The outflow chamber [4] concept may be realised by having the tubing from the face mask of a relatively large diameter, say 50 mm or more; fig. 1).
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 exhalation port opening of Reischel to implement a diameter of 40 mm or more or less depending on the user in order to fit the opening to match the opening of the user’s mouth during breathing, cough or sneezing, as taught by Britten [0078].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reischel et al. (US 5924420 A), Patil et al. (US 20140116430 A1), Davidson et al. (US 20080257354 A1), Gaffney et al. (US 20100258131 A1), and Britten (US 20230158341 A1), as applied to claim 9 above, and further in view of Christensen (Maximal Mouth Opening).
Regarding claim 10, modified Reischel teaches the mask according to claim 9, but is silent as to wherein the diameter of the opening is 51.9mm.
However, Britten teaches matching the diameter of the exit port to the dimensions of the user ([0078] In the front of the mask there is an exit port 2 roughly at the level of the wearer's mouth, with a circular diameter of the order of the size of the opening of an adult mouth during breathing, cough or sneezing (in this embodiment 40 mm). The exact dimensions of a particular embodiment need to be matched to the population being served, and possibly different size fittings will be used to match more closely the mask and exit port to the individual, and also considering adult or child dimensions; fig. 1 and 3-6).
Additionally, Christensen discloses “Most studies show that the maximum jaw range of motion (ROM) or maximum mouth opening (MMO) is related to body size and height. So men can usually open wider than women, taller people more than shorter people. In studies, MMO for adults has generally been around 50 mm, with a range from 32mm to 77mm. Men can open to about 50-60, and women to 45-55mm” (Maximum Mouth Opening; pg. 1).
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 exhalation port opening of Reischel to implement a diameter of 45 mm-60 mm depending on the user in order to fit the opening to match the opening of the user’s mouth during breathing, cough or sneezing, as taught by Britten [0078] and as evidenced by Christensen.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the diameter of the opening is dimensioned to be 51.9 mm, as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The motivation for doing so would have been to provide an opening matching the opening of a user’s mouth during breathing, cough or sneezing, as taught by Britten [0078] and as evidenced by Christensen.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reischel et al. (US 5924420 A), Patil et al. (US 20140116430 A1), Davidson et al. (US 20080257354 A1), and Gaffney et al. (US 20100258131 A1) as applied to claim 1 above, and further in view of Borsari (US 20160263338 A1).
Regarding claim 11, modified Reischel teaches the mask according to claim 1, but is silent as to wherein the body (22 and 24) comprises a plurality of fastening elements along its perimeter.
Reischel teaches a plurality of fastening elements 26 disposed on the face seal 20 (fig. 1-3 and 6).
However, Borsari teaches a respiratory mask (10) wherein a body (shaped shell 12; fig. 1A-3) comprises a plurality of fastening elements along its perimeter ([0036] The mask 10 according to the invention comprises a neckpiece 20, provided with a plurality of prongs 21, each joined in a fixed or removable manner to a corresponding fastening point 17 placed on the perimeter 13 of the shaped shell 12; fig. 1A-3).
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 Reischel device to include a harness system comprising a neckpiece with a plurality of prongs fixed to fastening points, specifically 5 prongs fixed to 5 fastening points, placed on the body, as taught by Borsari, as it would have been obvious substitution of one known element for another, using the harness system taught by Borsari in place of the harness system of Reischel, and would provide predictable results, firmly fixing the mask on the user’s face in order to improve the seal on the user’s face (see Borsari [0036]).
Regarding claim 12, modified Reischel teaches the mask according to claim 11, further comprising a harness system (Borsari: neckpiece 20; fig 1A-1B) adapted to couple to the plurality of fastening elements along the perimeter of the body (Borsari: [0036] neckpiece 20, provided with a plurality of prongs 21, each joined in a fixed or removable manner to a corresponding fastening point 17 placed on the perimeter 13 of the shaped shell 12; fig. 1A-1B).
Regarding claim 13, modified Reischel teaches the mask according to claim 12, wherein the harness system is arranged at five points on the body (Borsari: [0037] the shaped shell 12 comprises five fastening points 17 for fastening the neckpiece 20, wherein two upper fastening points 17′ are placed at the height of the eyes symmetrically with respect to a sagittal plane, two lower fastening points 17″ are placed at the height of the chin, symmetrically with respect to a sagittal plane, and a fifth fastening point 17′″ is placed centrally along an upper edge 18 of the mask. [0038] The neckpiece 20, according to the invention, comprises two opposite upper prongs 21′ of adjustable length, suitable for passing over the ears, two opposite lower prongs 21″ of adjustable length suitable for passing under the ears, and a central prong 21′″ ; see fig. 1A-1B).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reischel et al. (US 5924420 A), Patil et al. (US 20140116430 A1), Davidson et al. (US 20080257354 A1), and Gaffney et al. (US 20100258131 A1) as applied to claim 1 above, and further in view of Thompson et al. (US 20210331003 A1).
Regarding claim 14, Reischel discloses the mask according to Claim 1, but is silent as to wherein the material of the inner seal is selected from the group consisting of silicons, natural rubbers, synthetic rubbers, polyurethane, neoprene, thermoplastic elastomers (e.g. thermoplastic olefins (TPE -O or TPO)), Styrenic block copolymers (TPE-S or TPS), vulcanized PP/EPDM compound (TPE-V or TPV), copolyester compound (TPE-E or TPC), thermoplastic polyurethane (TPE-U or TPU) , thermoplastic polyamide (TPE-A or TPA), Glossy Thermoplastic Rubber Current - TR, among others), other flexible materials known to a person moderately versed in the art and combinations of the above.
However, Thompson teaches a respirator mask (10; fig. 1) comprising an inner seal (the combination of elements face engagement seal 32 and nosecup 30; fig. 1) wherein the material of the internal seal is selected from the group consisting of silicons, natural rubbers, synthetic rubbers, polyurethane, neoprene, thermoplastic elastomers (e.g. thermoplastic olefins (TPE -O or TPO)), Styrenic block copolymers (TPE-S or TPS), vulcanized PP/EPDM compound (TPE-V or TPV), copolyester compound (TPE-E or TPC), thermoplastic polyurethane (TPE-U or TPU) , thermoplastic polyamide (TPE-A or TPA), Glossy Thermoplastic Rubber Current - TR, among others), other flexible materials known to a person moderately versed in the art and combinations of the above ([0027] The one or more facepiece seals 24, 26, nosecup 30, and face engagement seal 32 is composed of flexible, hypoallergenic materials such as rubber (for example, ethylene propylene diene monomer (EPDM) rubber and/or latex-free polyisoprene), and/or silicone).
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 material of the inner seal of Reischel to be selected from flexible, hypoallergenic materials such as rubber (for example, ethylene propylene diene monomer (EPDM) rubber and/or latex-free polyisoprene), and/or silicone in order to provide a smooth and fluid-tight seal around the user’s face, as taught by Thompson [0027].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.I.A./Examiner, Art Unit 3785 /VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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