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 .
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.
Claims 1-7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (WO 2021054519 A1, the machine translation accessed 4/3/2026).
Regarding claim 1, Hyun discloses a method of retaining at least one strap to a face mask (FIG. 1-3 As set forth on page 5 in paragraphs 1 – 6 of the machine translation) comprising:
positioning a first end of the at least one strap of a first side of the face mask (FIG. 1-3 Ear band 200 is put on mask body 100 where sliding coupling 300 will be formed as set forth on page 5 in paragraph 1 and 6; the first end being the portion of the strap corresponding to coupler B);
positioning a second end of the at least one strap of a second side of the face mask (FIG. 1-3 Ear band 200 is put on mask body 100 where sliding coupling 300 will be formed as set forth on page 5 in paragraph 1 and 6; the first end being the portion of the strap corresponding to coupler A);
temporarily holding the at least one strap in position (FIG. 3 First, the ear band 200 is put on the mask body 100, and the sliding coupling part 300 is put on the position where it is to be formed as set forth on page 5 in paragraph 1);
placing a first strip of material over the first end of the at least one strap (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 as set forth on page 5 in paragraph 6, meaning the coupling member would have had to have initially been placed over the strap; the first strip being the coupling member 310 corresponding to coupler B);
placing a second strip of material over the second end of the at least one strap (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 as set forth on page 5 in paragraph 6, meaning the coupling member would have had to have initially been placed over the strap; the first strip being the coupling member 310 corresponding to coupler A);
creating a first fabric weld, joining the first strip of material to the first end of the face mask;
wherein the first fabric weld is a horizontal fabric weld present along a top side of the first end of the at least one strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “first fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a second fabric weld, joining the second strip of material to the second end of the face mask;
wherein the second fabric weld is a horizontal fabric weld present along a top side of the second end of the at least one strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “second fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a third fabric weld, joining the first strip of material to the first side of the face mask, the third fabric weld being a horizontal weld present along a bottom side of the first end of the strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “Third fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a fourth fabric weld, joining the second strip of material to the second side of the face mask, the fourth fabric weld being a horizontal weld present along a bottom side of the second end of the strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “fourth fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a fifth fabric weld, joining the first strip of material to the first side of the face mask, the fifth fabric weld being a first vertical weld present along a side of the first end of the at least one strap, joining the first fabric weld to the third fabric weld (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “fith fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a sixth fabric weld, joining the second strip of material to the second side of the face mask, the sixth fabric weld being a first vertical weld present along a side of the second end of the at least one strap, joining the second fabric weld to the fourth fabric weld (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “Sixth fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a seventh fabric weld, joining the first strip of material to the first side of the face mask, the seventh fabric weld being a second vertical weld present parallel to the first vertical weld of the first side of the face mask (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “Seventh fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below); and
creating an eighth fabric weld, joining the second strip of material to the second side of the face mask, the eighth fabric weld being a second vertical weld present parallel to the first vertical weld of the second side of the face mask (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “eighth fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below).
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Although Hyun does not explicitly label separate welds as the “first fabric weld”, “the second fabric weld”, “etc.”, the claimed method of “creating a fabric weld” would have been obvious given that Hyun discloses performing welding across the region around the mask strap, which is the method performed in the claims. Referring to different portions in this way appears to be a descriptive distinction rather than a substantial difference given the language of the claim. The strap in both the mask of Hyun and Applicant’s claimed mask are being held into place in reference to the mask via fabric welding.
Regarding claim 2, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun further discloses, wherein the first end of the at least one strap is held in position on the first side of the face mask by friction between the first strip of material, the first fabric weld, the third fabric weld, and the fifth fabric weld (FIG. 1-3 The fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 in the sliding coupling part 300. That is, the first coupling member 310 is fused with the mask body 100 to a position as close as possible to the ear band 200 within a range not fused with the ear band 200, thereby being in close contact with the ear band 200 And may be combined with the mask body 100 as set forth on page 5 in paragraph 6, meaning the first, third, and the fifth fabric weld are holding the strap in position in reference to the mask).
Regarding claim 3, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun further discloses, wherein the second end of the at least one strap is held in position on the second side of the face mask by friction between the second strip of material, the second fabric weld, the fourth fabric weld, and the sixth fabric weld (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 in the sliding coupling part 300. That is, the first coupling member 310 is fused with the mask body 100 to a position as close as possible to the ear band 200 within a range not fused with the ear band 200, thereby being in close contact with the ear band 200 And may be combined with the mask body 100 as set forth on page 5 in paragraph 6, meaning the second, fourth, and the sixth fabric weld are holding the strap in position in reference to the mask).
Regarding claim 4, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun further discloses, wherein the first fabric weld, the third fabric weld, and the fifth fabric weld are disposed proximal to, but not in contact with, the first end of the at least one strap (FIG. 3 first coupling member 310 can maintain a state in close contact with the ear band 200 in the sliding coupling part 300 as set forth on page 5 paragraph 6, meaning the fabric welds are disposed proximal to, but not in contact with, the first end of the strap).
Regarding claim 5, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun further discloses, wherein the second fabric weld, the fourth fabric weld, and the sixth fabric weld are disposed proximal to, but not in contact with, the second end of the at least one strap (FIG. 3 first coupling member 310 can maintain a state in close contact with the ear band 200 in the sliding coupling part 300 as set forth on page 5 paragraph 6, meaning the fabric welds are disposed proximal to, but not in contact with, the second end of the strap).
Regarding claim 6, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun further discloses, wherein the seventh fabric weld is configured to reinforce the first strip of material as positioned against the first side of the face mask (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 in the sliding coupling part 300 as set forth on page 5 in paragraph 6, meaning the “seventh fabric weld” is reinforcing the coupling member 310 against the face mask).
Regarding claim 7, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun further discloses, wherein the eighth fabric weld is configured to reinforce the second strip of material as positioned against the second side of the face mask (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 in the sliding coupling part 300 as set forth on page 5 in paragraph 6, meaning the “eighth fabric weld” is reinforcing the coupling member 310 against the face mask).
Regarding claim 13, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Hyun further discloses, wherein all fabric welds are created via heat (The coupling between the mask body 100 and the first coupling member 310 formed of such a material may be achieved by ultrasonic fusion as set forth on page 5 in paragraph 4, which involves frictional heat).
Regarding claim 14, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 2 above.
Hyun further discloses, wherein all fabric welds are created via ultrasonic welding (The coupling between the mask body 100 and the first coupling member 310 formed of such a material may be achieved by ultrasonic fusion as set forth on page 5 in paragraph 4).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hyun (WO 2021054519 A1, the machine translation accessed 4/3/2026) as applied to claim 1, in view of Hammer (US 20170182276 A1).
Regarding claim 8, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Hyun fails to explicitly disclose the method further comprising: forming a textured surface on the first end of the at least one strap making the first end of the at least one strap coarse to increase friction between the first strip of material, the first end of the at least one strap, and the first end of the face mask; and forming a textured surface on the second end of the at least one strap, making the second end of the at least one strap coarse to increase friction between the second strip of material, the second end of the at least one strap, and the second end of the face mask.
However, Hammer teaches forming a textured surface on a strap making the strap coarse to increase friction between the strap and other material (Hammer: FIGS. 18 and 19, screen printing can be used to create a textured surface 1902 as set forth in [0110], wherein an increased grip is caused as set forth in [0108], the increased grip meaning friction between the strap and any other material would be increased).
Hyun and Hammer are both considered to be analogous to the claimed invention because they are in the same field of face mask straps. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified at least the first and second ends of the strap of Hyun to incorporate the teaching of Hammer and include forming a textured surface on a strap making the strap coarse to increase friction between the strap and other material (Hammer: FIGS. 18 and 19, screen printing can be used to create a textured surface 1902 as set forth in [0110], wherein an increased grip is caused as set forth in [0108], the increased grip meaning friction between the strap and any other material would be increased). In the device of Hyun as modified, the friction between the first end of the strap and the first strip of material, the first end of the at least one strap, and the first end of the face mask, to be increased. Similarly, the friction between the second end of the at least one strap and the second strip of material, the second end of the at least one strap, and the second end of the face mask, would also be increased. Doing so would increase grip and provide surface texture to facilitate better control over how certain portions of the headgear behaves (Hammer: As set forth in [0108]-[0111])
Hyun as modified by Hammer fails to explicitly disclose, wherein the texture is formed by perforation of the strap.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the method of creating texture on the strap be by perforation in the device of Hyun as modified by Hammer because Applicant has not disclosed that the specific method of creating texture on the strap provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states on page 2 paragraph 3 that “the strap is partially perforated to assist with strap retention”, which would be true for any type of texture creation that allows for assisted strap retention. One of ordinary skill in the art, furthermore, would have expected the method of creating texture of Hyun as modified by Hammer, and Applicant' s method of texture creation, to perform equally well because both mechanisms perform the same function of providing the surface of the strap with texture, and therefore increase the friction created between the strap and other elements.
Therefore, it would have been prima facie obvious to further modify Hyun as modified by Hammer to obtain the invention as specified in claim 8, because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired increase the friction created between the strap and other elements or to assist with strap retention and thus fails to patentably distinguish over the prior art of modified Hyun.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (WO 2021054519 A1, the machine translation accessed 4/3/2026) in view of Hammer (US 20170182276 A1).
Regarding claim 9, Hyun discloses a method of retaining at least one strap to a face mask (FIG. 1-3 As set forth on page 5 in paragraphs 1 – 6 of the machine translation) comprising:
positioning a first end of the at least one strap of a first side of the face mask (FIG. 1-3 Ear band 200 is put on mask body 100 where sliding coupling 300 will be formed as set forth on page 5 in paragraph 1 and 6; the first end being the portion of the strap corresponding to coupler B);
positioning a second end of the at least one strap of a second side of the face mask (FIG. 1-3 Ear band 200 is put on mask body 100 where sliding coupling 300 will be formed as set forth on page 5 in paragraph 1 and 6; the first end being the portion of the strap corresponding to coupler A);
temporarily holding the at least one strap in position (FIG. 3 First, the ear band 200 is put on the mask body 100, and the sliding coupling part 300 is put on the position where it is to be formed as set forth on page 5 in paragraph 1);
placing a first strip of material over the first end of the at least one strap (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 as set forth on page 5 in paragraph 6, meaning the coupling member would have had to have initially been placed over the strap; the first strip being the coupling member 310 corresponding to coupler B);
placing a second strip of material over the second end of the at least one strap (FIG. 1-3 the fusion bonding between the first coupling member 310 and the mask body 100 is made in a form so that the first coupling member 310 can maintain a state in close contact with the ear band 200 as set forth on page 5 in paragraph 6, meaning the coupling member would have had to have initially been placed over the strap; the first strip being the coupling member 310 corresponding to coupler A);
creating a first fabric weld, joining the first strip of material to the first end of the face mask;
wherein the first fabric weld is a horizontal fabric weld present along a top side of the first end of the at least one strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “first fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a second fabric weld, joining the second strip of material to the second end of the face mask;
wherein the second fabric weld is a horizontal fabric weld present along a top side of the second end of the at least one strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “second fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a third fabric weld, joining the first strip of material to the first side of the face mask, the third fabric weld being a horizontal weld present along a bottom side of the first end of the strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “Third fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a fourth fabric weld, joining the second strip of material to the second side of the face mask, the fourth fabric weld being a horizontal weld present along a bottom side of the second end of the strap (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “fourth fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a fifth fabric weld, joining the first strip of material to the first side of the face mask, the fifth fabric weld being a first vertical weld present along a side of the first end of the at least one strap, joining the first fabric weld to the third fabric weld (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “fith fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a sixth fabric weld, joining the second strip of material to the second side of the face mask, the sixth fabric weld being a first vertical weld present along a side of the second end of the at least one strap, joining the second fabric weld to the fourth fabric weld (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “Sixth fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below);
creating a seventh fabric weld, joining the first strip of material to the first side of the face mask, the seventh fabric weld being a second vertical weld present parallel to the first vertical weld of the first side of the face mask (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “Seventh fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below); and
creating an eighth fabric weld, joining the second strip of material to the second side of the face mask, the eighth fabric weld being a second vertical weld present parallel to the first vertical weld of the second side of the face mask (As set forth on page 5 paragraphs 1-6, wherein the coupling between the mask body 100 and the first coupling member 310 are formed of such a material that may be achieved by ultrasonic fusion; wherein the “eighth fabric weld” is the area of sliding coupling part 300 as shown in the annotated figure below).
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Although Hyun does not explicitly label separate welds as the “first fabric weld”, “the second fabric weld”, “etc.”, the claimed method of “creating a fabric weld” would have been obvious given that Hyun discloses performing welding across the region around the mask strap, which is the method performed in the claims. Referring to different portions in this way appears to be a descriptive distinction rather than a substantial difference given the language of the claim. The strap in both the mask of Hyun and Applicant’s claimed mask are being held into place in reference to the mask via fabric welding.
Hyun as modified fails to explicitly disclose, producing texture on a first end of at least one strap making a first end of the at least one strap coarse; producing texture on a second end of the at least one strap, making the second end of the at least one strap coarse.
However, Hammer teaches producing texture on a strap making the strap coarse (Hammer: FIGS. 18 and 19, screen printing can be used to create a textured surface 1902 as set forth in [0110], wherein an increased grip is caused as set forth in [0108], the increased grip meaning friction between the strap and any other material would be increased and the strap would be coarse given the applied texture).
Hyun and Hammer are both considered to be analogous to the claimed invention because they are in the same field of face mask straps. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified at least the first and second ends of the strap of Hyun to incorporate the teaching of Hammer and include producing texture on a strap making the strap coarse (Hammer: FIGS. 18 and 19, screen printing can be used to create a textured surface 1902 as set forth in [0110], wherein an increased grip is caused as set forth in [0108], the increased grip meaning friction between the strap and any other material would be increased and the strap would be coarse given the applied texture). Doing so would increase grip and provide surface texture to facilitate better control over how certain portions of the headgear behaves (Hammer: As set forth in [0108]-[0111]).
Hyun as modified by Hammer fails to explicitly disclose, wherein the texture is produced by producing abrasion.
However, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to make the method of creating texture on the strap be by producing abrasion in the device of Hyun as modified by Hammer because Applicant has not disclosed that the specific method of creating texture on the strap provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, the specification states on page 2 paragraph 3 that “the strap is partially perforated to assist with strap retention”, which would be true for any type of texture creation that allows for assisted strap retention. One of ordinary skill in the art, furthermore, would have expected the method of creating texture of Hyun as modified by Hammer, and Applicant' s method of texture creation, to perform equally well because both mechanisms perform the same function of providing the surface of the strap with texture, and therefore increase the friction created between the strap and other elements.
Therefore, it would have been prima facie obvious to further modify Hyun as modified by Hammer to obtain the invention as specified in claim 9, because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired increase the friction created between the strap and other elements or to assist with strap retention and thus fails to patentably distinguish over the prior art of modified Hyun.
Regarding claim 10, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 9 above.
Hyun further discloses, wherein the fifth fabric weld partially overlaps the first end of the at least one strap (As shown in the annotated figure above for claim 9).
Regarding claim 11, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 9 above.
Hyun further discloses, wherein the sixth fabric weld partially overlaps the second end of the at least one strap (As shown in the annotated figure above for claim 9).
Regarding claim 12, Hyun as modified discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Hyun further discloses, wherein the sixth fabric weld partially overlaps the second end of the at least one strap (As shown in the annotated figure above for claim 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30.
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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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/KEIRA EILEEN CALLISON/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785