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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 24-38, drawn to a method of manufacturing a mask, in the reply filed on 09/15/2025 is acknowledged.
Claims 39-50 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/15/2025.
Response to Amendment
The amendment filed 02/13/2026 has been entered. Claims 24-38 remain pending in the application, and claims 39-50 withdrawn from consideration.
Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive.
The argument on page 10 the Bryant and Gazzara do not disclose the elastic strap structure is operatively couples to the multi-layer mask web at only a plurality of spaced-apart attachment zones is not persuasive, since Bryant explicitly discloses figure 4D showing a plurality of spaced-apart attachment zones of the headband to the mask web (62, 64, page 17 line 6).
The argument that the difference between the prior art and the instant claimed invention is the amended claims require forming a continuous elastic strap under tension as a discrete subassembly and selectively anchoring portions of the strap structure to the mask web is not persuasive, since Bryant page 17 lines 11-17 shows that the strap web is formed in a separate process since the strap is applied as a continuous roll (fig. 4A, 54, page 17 line 4), as well as the strap being at least momentarily subjected to tension to activate the strap microstructure (Bryant page 10 lines 24-26), while Gazzara teaches that the elastic strap under tension (please refer to the maintained rejection below).
The argument that Gazzara only discloses bonding elastic materials in a stretched state, and not bonding at spaced-apart attachment zones, is not persuasive since Gazzara is only used to teach the forming of the elastic strap under tension. Bryant is the reference cited for attaching the strap to the mask web at a plurality of spaced-apart attachment zones, as cited above, and in the rejection of Claims 24 and 35 below.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning on page 11, 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). However, in this case, the primary prior art reference Bryant does disclose selective, intermittent anchoring of a pre-formed elastic strap structure, as cited above and in the updated rejection below.
Applicant’s argument on page 12 that the elastic strap is free to retract after attachment appears to imply that the strap is attached to the mask while under at least partial tension. Examiner notes that the amended claims do not reflect this (see claims 24 and 35, step c). Specification [0036] states that the strap web is applied to the mask web in a relaxed or partially relaxed state. It does not appear that the strap is retracted after the fixing of the strap to the mask web based on the disclosure ([0044]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 24-26 and 29-37 are rejected under 35 U.S.C. 103 as being unpatentable over Bryant et al. (WO 97/32493 A1), hereafter Bryant and Gazzara (US 5934275), hereafter Gazzara.
Regarding Claim 24, Bryant discloses a method of manufacturing a face mask (abstract), comprising:
a. forming a continuous multi-layer mask web (fig. 4a, layers 32, 24, and 26 are continuous layers forming the mask web, page 16 lines 4-7), including:
a1. providing an inner web layer (fig. 4A, inner cover web 24, page 16 line 7), an outer web layer (fig. 4A, outer cover web 32, page 16 line 9), and at least one filter layer positioned therebetween (fig. 4A, filter media 26, page 16 line 7), from corresponding supplies of mask material (fig. 4A, each of 24, 32, and 26 are shown being supplied from rolls of material);
a2. bonding together the inner web layer, the outer web layer, and at least one filter layer (page 16 lines 14-16, the webs layers are held together by thermal bonding); and
a3. forming a plurality of separation zones laterally across a width of the mask web and perpendicular to a machine direction (fig. 4D, edges 66, 68 page 17 lines 23-26, are perforated, page 18 lines 2-3);
b. forming, separately from the multi-layer mask web (fig. 4A, the headband is shown as completed and rolled at 54, page 17 lines 4-12; i.e., the headband is formed separately), a continuous tensioned elastic strap structure (fig. 3, composite headband includes outer skin layers 2, 4, page 13 lines 18-20, and elastomeric core 3, page 12 line 30; page 4 lines 8-10, page 13, lines 18-20), including:
b1. providing a supply of elastic material (page 17, lines 13-16);
b2. tensioning the elastic material (page 5 lines 24-25, the composite headband may be stretched prior to attaching; page 10 lines 24-26, the skin layers and the elastomeric layers are stretched; page 12 line 29-page 13 line 4);
b3. coupling the elastic material between a first strap web layer and a second strap web layer (page 13 first 4 lines, the layers of the headband may be coextruded); and
b4. operatively non-adhesively bonding the tensioned elastic material to the first and second strap web layers (the headband layers are coupled and bonded in the same coextrusion as cited above) to form the continuous tensioned elastic strap structure (fig. 4A, headband material is applied to the mask web as a continuous structure, page 17 lines 4-10; see also fig. 4D).
c. operatively coupling a cut portion of the continuous elastic strap structure to a corresponding portion of the multi-layer mask web (fig. 4A, headband attaching station 54a, the headbands are attached to the mask, page 17 lines 11-17; the headbands may be attached by thermal bonding or ultrasonic welding, page 18 last para.) at a plurality of spaced-apart attachment zones (fig. 4D, left and right headband attachment zones 62, 64, page 17 line 6); and
d. repeatedly cutting the continuous multi-layer mask web along the separation zone to cut a plurality of discrete face masks from the continuous mask web (page 18, first para. the edges 66, 68 of the mask are perforated, i.e., cut).
Bryant does not clearly disclose whether the elastic material of the strap is under tension during coupling and bonding to the first and second strap web layers.
Gazzara teaches a compound elastic material for a mask that is bonded to a non-elastic material to form a strap (fig. 7, anisotropic elastic strap 66, col. 12 line 2). The anisotropic elastic material is constructed using an anisotropic composite elastic joined to a non-elastic material at spaced out location while the anisotropic layer is maintained in a stretched condition (i.e., tensioned; col. 7 lines 1-6) through ultrasonic welding or embossing techniques (col. 7 lines 18-24, col. 6 18-27). Gazzara also teaches that the materials forming the anisotropic composite strap are formed in a continuous sheet (col. 5 lines 30-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bryant’s method of forming a strap to bond the tensioned elastic material to the first and second strap web layers while the elastic material is under tension, as taught by Gazzara, as a known solution for producing an elastic strap, since the anisotropic elastic strap would perform equally well to secure a mask to a wearer’s face by being formed through first tensioning the elastic material as taught by Gazzara, rather than simply be coextruded in Bryant’s invention, with the additional benefit of having a strap that is able to stretch only in one direction, pulling the face mask closer to the wearer’s face without creating a puckered area (Gazzara, col. 2 lines 44-56).
Regarding Claim 25, the modified Bryant discloses a method of claim 24, wherein forming the continuous multi-layer mask web and forming the continuous tensioned elastic strap structure occur simultaneously or occur sequentially (Bryant fig. 4A, the headband composite material is formed either at the same time or before the forming of the web since the multilayer web is shown being assembled prior to adding the assembled headband material at 54, page 17 last para.).
Regarding Claim 26, the modified Bryant discloses a method of claim 24, wherein the cut portion of the continuous elastic strap structure is operatively coupled to the multi-layer mask web when the elastic strap structure is in a de-tensioned state (Bryant page 17, second para. the headband material 54 can be applied in an unactivated, i.e. untensioned, state when attached to the face mask blanks 55).
Regarding Claim 29, the modified Bryant discloses a method of claim 24, wherein the elastic strap structure is operatively coupled to the multi-layer mask web with one of an adhesive material, an ultrasonic bond, thermal bond, and/or a pressure bond (Bryant page 18, last para., the headband is attached by thermal bonding, ultrasonic welding, or adhesives).
Regarding Claim 30, the modified Bryant discloses a method of claim 24, further comprising coupling a cut portion of the continuous elastic strap structure to the multi-layer mask web at a plurality of bond sites on the multi-layer mask web, wherein the bond sites are spaced apart in the machine direction (Bryant fig. 4D, headband attachment locations 62, 64 are formed at spaced out locations along the direction of the machine in fig. 4A, page 17 line 25).
Regarding Claim 31, the modified Bryant discloses a method of claim 24, further comprising: providing a slitting unit to split the continuous elastic strap structure into a plurality of parallel continuous elastic strap portions (Bryant page 17 lines 21-23, longitudinal score line S, fig. 4D is formed); advancing the plurality of continuous elastic straps portions in the machine direction (the slit may be formed during, before, or after attachment of the headband material, in all cases, this operation is done via machine and so the strap is advanced in the machine direction until the end of the mask assembly process shown in fig. 4A); cutting each of the plurality of continuous elastic straps portions into a cut strap having a predetermined length (page 18 lines 3-4 a portion of the headband at the edges 66, 68 is removed by the perforation process at 54a, fig. 4A, line 23); and operatively coupling each of the plurality of cut straps to the multi-layer mask web (fig. 4a, the attaching and perforating occurs at the same station 54a, page 17 line 23).
Regarding Claim 32, the modified Bryant discloses a method of claim 24, wherein cutting the continuous multi-layer mask web includes creating perforation cuts along a width of the multi-layer mask web, spaced apart in the machine direction (page 17 lines 23-26, the face masks may be severed or perforated, as shown in fig. 4D at edges 66, 68).
Regarding Claim 33, the modified Bryant discloses a method of claim 24, wherein the supply of elastic material is formed with one or more elastic strands of material (Bryant fig. 2, elastomeric core 3 may be planar or a plurality of discrete cores, page 4 lines 15-16).
Regarding Claim 34, the modified Bryant discloses a method of claim 24, but is silent on further comprising ultrasonically bonding the tensioned elastic material to the first and second strap web layers.
However, Gazzara teaches that the layers of the anisotropic elastic layers may be joined by ultrasonic welding (col. 9 lines 32-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bryant’s strap forming method from coextrusion to ultrasonic bonding as taught by Gazzara, since ultrasonic bonding would have performed equally well at bonding layers of the anisotropic material to a polymer layer.
Regarding Claim 35, Bryant discloses a method of manufacturing a face mask (abstract), comprising:
a. forming a continuous multi-layer mask web (fig. 4a, layers 32, 24, and 26 are continuous layers forming the mask web, page 16 lines 4-7), including:
a1. bonding together an inner web layer (fig. 4A, inner cover web 24, page 16 line 7), an outer web layer (fig. 4A, outer cover web 32, page 16 line 9), and at least one filter layer (fig. 4A, filter media 26, page 16 line 7) positioned therebetween (fig. 4A, filter layer 26 is shown positioned between layers 24 and 32 to form web assembly 34, which may be thermally bonded together, page 16 lines 14-16);
a2. forming a plurality of separation zones laterally across a width of the bonded mask web and perpendicular to a machine direction (fig. 4D, edges 66, 68 page 17 lines 23-26, are perforated, page 18 lines 2-3);
b. forming, separately from the multi-layer mask web fig. 4A, the headband is shown as completed and rolled at 54, page 17 lines 4-12; i.e., the headband is formed separately), a continuous tensioned elastic strap structure (fig. 3, composite headband includes outer skin layers 2, 4, page 13 lines 18-20, and elastomeric core 3, page 12 line 30; page 4 lines 8-10, page 13, lines 18-20), including:
b1. positioning an elastic material between a first strap web layer and a second strap web layer (figs. 2 and 3, outer skin layers 2 and 4 are positioned outside elastomeric core 3); and
b2. operatively non-adhesively bonding the elastic material to the first and second strap web layers (page 13 first 4 lines, the layers of the headband may be coextruded)
c. operatively coupling a portion of the continuous elastic strap structure to a corresponding portion of the multi-layer mask web (fig. 4A and 4D, the headband is coupled to the mask body at headband attaching station 54a at 66, 64, page 17 last para.) at a plurality of spaced-apart attachment zones (fig. 4D, left and right headband attachment zones 62, 64, page 17 line 6); and
d. repeatedly cutting the continuous multi-layer mask web along the separation zone to cut a plurality of discrete face masks from the continuous mask web (page 17 lines 24-26, the edges of the mask may be severed or perforated).
Bryant’s disclosure is not clear on whether the elastic material of the strap is under tension while being coupled to the first and second strap web layers.
Gazzara teaches a compound elastic material for a mask that is bonded to a non-elastic material to form a strap (fig. 7, anisotropic elastic strap 66, col. 12 line 2). The anisotropic elastic material is constructed using an anisotropic composite elastic joined to a non-elastic material at spaced out location while the anisotropic layer is maintained in a stretched condition (i.e., tensioned; col. 7 lines 1-6) through ultrasonic welding or embossing techniques (col. 7 lines 18-24, col. 6 18-27). Gazzara also teaches that the materials forming the anisotropic composite strap are formed in a continuous sheet (col. 5 lines 30-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bryant’s method of forming a strap to bond the tensioned elastic material to the first and second strap web layers while the elastic material is under tension, as taught by Gazzara, since the anisotropic elastic strap would perform equally well to secure a mask to a wearer’s face by being formed through first tensioning the elastic material as taught by Gazzara, rather than simply be coextruded in Bryant’s invention, with the additional benefit of having a strap that is able to stretch only in one direction, pulling the face mask closer to the wearer’s face without creating a puckered area (Gazzara, col. 2 lines 44-56).
Regarding Claim 36, the modified Bryant discloses a method of claim 35, wherein forming the continuous multi-layer mask web and forming the continuous tensioned elastic strap structure occur simultaneously or occur sequentially (Bryant fig. 4A, the headband composite material is formed either at the same time or before the forming of the web since the multilayer web is shown being assembled prior to adding the assembled headband material at 54, page 17 last para.).
Regarding Claim 37, the modified Bryant discloses a method of claim 35, further comprising cutting the continuous elastic strap structure to form a strap portion having a predetermined length, and operatively coupling the strap portion to the multi-layer mask web (Bryant fig. 4A and 4D, the finishing and headband attaching station 54a both attaches and cuts the edges of the masks and headbands, page 17 last para.).
Claims 27 and 38 are rejected under 35 U.S.C. 103 as unpatentable over Bryant and Gazzara, further in view of McCormack et al. (US 2005/0245162 A1), hereafter McCormack.
Regarding Claim 27, the modified Bryant discloses a method of claim 24, but is silent on the method further comprising reducing a feed rate of the continuous elastic strap structure prior to coupling the elastic strap structure to the multi-layer mask web.
However, McCormack teaches a method of forming an elastic laminate in which a winding roll take up speed is reduced compared to the feed rate of the nonwoven supply web to which the elastic is coupled ([0070] the fibrous nonwoven web is driven at about 300 feet per minute and the collapsing nip is driven at 225 feet per minute) in order to extend the elastic film in the machine direction at the time the fibrous nonwoven webs are bonded to the elastic film. Then maintaining this lower rate of speed allows that elastic film to retract in the machine direction and gather the fibrous nonwoven webs ([0071]). This construction allows for good extension and recovery of the laminate ([0071], [0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify Bryant’s method of attaching an elastic strap to the mask web by reducing a feed rate of the elastic strap structure prior to coupling the elastic strap to the mask web, as taught by McCormack, in order to allow the elastic strap structure to recover from its tensioned state (McCormack [0071]) prior to attaching it to the mask, since this would prevent the mask from also contracting if it was attached with the elastic strap still in the tensioned state.
Regarding Claim 38, the modified Bryant discloses a method of claim 35, but is silent on the method further comprising reducing a feed rate of the continuous elastic strap structure prior to coupling the elastic strap structure to the multi-layer mask web.
However, McCormack teaches a method of forming an elastic laminate in which a winding roll take up speed is reduced compared to the feed rate of the nonwoven supply web to which the elastic is coupled ([0070] the fibrous nonwoven web is driven at about 300 feet per minute and the collapsing nip is driven at 225 feet per minute) in order to extend the elastic film in the machine direction at the time the fibrous nonwoven webs are bonded to the elastic film. Then maintaining this lower rate of speed allows that elastic film to retract in the machine direction and gather the fibrous nonwoven webs ([0071]). This construction allows for good extension and recovery of the laminate ([0071], [0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify Bryant’s method of attaching an elastic strap to the mask web by reducing a feed rate of the elastic strap structure prior to coupling the elastic strap to the mask web, as taught by McCormack, in order to allow the elastic strap structure to recover from its tensioned state (McCormack [0071]) prior to attaching it to the mask, since this would prevent the mask from also contracting if it was attached with the elastic strap still in the tensioned state.
Claim 28 is rejected under 35 U.S.C. 103 as unpatentable over Bryant and Gazzara, further in view of Shin (KR 20130061949 A), hereafter Shin. A machine translation is relied upon to address claims.
Regarding Claim 28, the modified Bryant discloses a method of claim 24, but is silent on further comprising operatively coupling a friction-enhancing material to the continuous elastic strap structure.
Shin teaches the addition of a friction enhancing material to a mask strap (fig. 2, protrusion 112, page 2, 7th para. last line) in order to prevent the mask from slipping on the user’s head (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Bryant’s method of making an elastic strap by coupling a friction-enhancing material to prevent the mask strap from slipping, as taught by Shin (abstract).
Conclusion
THIS ACTION IS MADE FINAL. 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 SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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