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
This office action is in response to the amendment filed on 12/09/2025. As directed by the amendment, claim 5 was canceled, claims 1-4 and 6 were amended, and no claims were newly added. Thus, claims 1-4 and 6 are presently pending in this application.
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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyce et al. (US 3,985,132; hereinafter “Boyce”).
Regarding claim 1, Boyce discloses a face mask apparatus (see Boyce Fig. 5 filter mask 40) comprising:
a top panel (see Boyce seam binding 48), said top panel having a top panel front portion (see Boyce seam binding 48 front side) and a top panel rear portion (see Boyce seam binding 48 back side);
a middle panel (see Boyce filter medium 42), said middle panel disposed beneath said top panel (see Boyce Fig. 5 filter medium 42 is below seam binding 48);
wherein said middle panel has a middle panel front portion (see Boyce filter medium 42 front side) and a middle panel rear portion (see Boyce filter medium 42 back side);
wherein said middle panel is segmented from said top panel via a top fabric weld (see Boyce upper pleat 44), said top fabric weld disposed on said middle panel front portion and not on said top panel front portion (see Boyce Fig. 6 upper pleat 44 is disposed as part of center portion planar segment 58 including filter medium 42);
a bottom panel (see Boyce seam binding 52), said bottom panel disposed beneath said middle panel (see Boyce Fig. 5 seam binding 52 is below filter medium 42);
wherein said bottom panel has a bottom panel front portion (see Boyce seam binding 52 front side) and a bottom panel rear portion (see Boyce seam binding 52 back side);
wherein said bottom panel is segmented from said middle panel via a bottom fabric weld (see Boyce lower pleat 46), said bottom fabric weld disposed on said middle panel front portion and not on said bottom panel front portion (see Boyce Fig. 6 lower pleat 46 is disposed as part of center portion planar segment 58 including filter medium 42);
wherein said top panel, said middle panel, and said bottom panel are all of the same material (see Boyce mask 40 is formed by folding one piece of material Col. 3 lines 40-41);
wherein said top panel, said middle panel, and said bottom panel are permanently connected together (see Boyce Col. 3 lines 40-41 above that mask 40 is formed of one piece of material, and further reinforced and segmented by upper and lower pleats 44, 46);
two edges (see Boyce left and right seam bindings 54, 56), said edges disposed on said top panel, said middle panel, and said bottom panel (see Boyce bindings 54, 56 in Fig. 5 alongside each of the panels as defined above);
retention straps (see Boyce Col. 3 lines 50-52 “Both ends of seam bindings 54 and 56 extend beyond the periphery of the filter mask 40 and serve as ties for securing the filter mask to the face of a wearer (not shown)”), said retention straps disposed in communication with said edges (see Boyce above the retention straps extend from seam bindings 54, 56, which are the edges of the mask);
an aperture (see Boyce Fig. 7 hemispherical configuration of mask 40, with breathing aperture gap for face on the back side, such as the back, or left, side of Fig. 6 side profile), bounded by said top panel and said bottom panel (see Boyce Fig. 7 breathing space or aperture is on back side of mask);
wherein said aperture has a height and a width which vary in accordance with a size of the face mask (see Boyce Fig. 7 depending on how tightly the retention straps extending from seam bindings 54, 56 around the user’s head, the size of the aperture will change as the size is tightened or loosened of the face mask);
wherein said width is bounded by said edges (see Boyce seam binding 48, filter medium 42, seam binding 52 determine the width of the aperture and those panels are bounded by edges seam binding 54, 56);
wherein said top fabric weld curves down toward said edges (see Boyce Fig. 7 top half has generally curves downwards from top “peak” including curvature of upper pleat 44 ); and
wherein said bottom fabric weld curves up toward said edges (see Boyce Fig. 7 lower half generally curves upward from bottom “peak” including curvature of lower pleat 46).
Regarding claim 2, modified Boyce discloses said top fabric weld and said bottom fabric weld limit said height and said width of said aperture proportionally (see Boyce upper pleat 44, lower pleat 46 do not expand past their hemispherical configuration Fig. 7); and as said aperture opens, increasing said height, said width is decreased (see Boyce pulling retention straps tighter around a user’s head as they extend upwards in Fig. 5, 7 would pull the mask fabric taller, not wider).
Regarding claim 3, modified Boyce discloses differing the placement of said top fabric weld and said bottom fabric weld alters the fit of the face mask by varying the extent to which the aperture may open (see Boyce changing placement of where upper, lower pleats 44, 46 are segmenting panels, the size of the aperture for the user’s face would change; Col. 3 lines 57- 61 “With each of pleats 44 and 46 being folded inwardly toward each other until almost touching, a greater surface area of filter medium 42 can be incorporated within the relatively confined dimensional configuration of filter mask 40 shown in FIG. 5” )
Regarding claim 4, modified Boyce discloses at least one malleable support (see Boyce yieldable deformable strip 50), said at least one malleable support disposed within said top panel (see Boyce Fig. 5, 7 deformable strip 50 on seam binding 48); wherein said at least one malleable support extends across a majority of said top panel (see Boyce Fig. 5, 7 deformable strip 50 extends from center of seam binding 48 over a majority of the width); and wherein said at least one malleable support is centered on a width of said top panel (see Boyce Figs. 5, 7 deformable strap 50 extends from center of seam binding 48).
Regarding claim 6, modified Boyce discloses all of the claimed structures, see rejection to claim 4 above.
Response to Arguments
Applicant's arguments filed 12/09/2025 have been fully considered but they are not persuasive.
Applicant argues, on page 6 of the remarks, that the amended claim 1 define details over the cited prior art. However, Examiner disagrees and presents the newly amended rejection to claim 1 above under 35 USC 102. Therefore, the rejection still stands.
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 GWYNNETH L HOWELL whose telephone number is (703)756-4742. The examiner can normally be reached 8:30-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tim Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GWYNNETH L HOWELL/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785