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
Applicant’s amendments, filed 05/22/2026, has been entered, Claims 1-3, 5-6, 10-14, 16 and 19-20 remain pending.
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) 1-3, 10-14, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osendorf (US5647356) et al., hereafter Osendorf in view of Kim et al. (US11376449), hereafter Kim.
Regarding Claim 1, Osendorf discloses a mask (Fig. 8, col. 7 line 31-32, “Together, cartridges 10,10a, and mask 100 form a respirator mask unit 103”) comprising: a mask main body (Fig. 8, a respirator mask 100) forming an internal space (See Fig. 8, an internal space inherently exists in such mask), and having an inlet providing a passage for outside air to flow into the internal space (col. 3 line 36-37, “Outlet 14 typically mounts to a fitment on the respirator mask, such as an outlet tube with a plurality of protrusions (not shown) which each engage one of a plurality of arcuate slots on outlet 14 of cartridge 10 in a twist lock arrangement”; col. 5, line 62-66, “a generally circular opening for outlet 14 which twist locks respirator cartridge 10 to a respirator mask”; See Fig. 1, a circular outlet of a filter is disclosed, an inlet allowing outside air to flow in exists on the mask main body corresponding to the circular outlet); and an air purifying module mounted in the mask main body (Fig. 8, respirator cartridge 10), and having a first passage (Fig. 1, bottom of the Figure, arrows marked by number 34; See Fig. A, annotated below) for allowing the outside air to flow in a direction perpendicular to a side surface (See Fig. A below) of the air purifying module (col. 3, line 28-30, “Respirator cartridge 10 defines a passageway for air entering inlet 12 to travel to outlet 14”; See Fig. 1, 6, 8, the outside air is flowing in a direction perpendicular to a side surface of the cartridge).
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Fig. A, Adapted from Osendorf Fig. 1
Osendorf further discloses a case forming an exterior of the air purifying module (Fig. 1, cartridge 2; See Fig. A annotated above); a filter disposed inside the case and filtering air introduced from an outside (Fig. 1, filter 92; col. 4, line 2-5, “Gas cartridge 22 includes a second filter arrangement 92 comprising a filter media for removing one or more gases from the air passing through the filter media”), but is silent on a fan disposed inside the case and provided on an inside of the filter.
However, Kim teaches a face mask (Fig. 1), comprising of an air purifying module (Fig. 1, a first air cleaner 2), comprises: a case forming an exterior of the air purifying module (Fig. 7, first cleaner body 7); a filter disposed inside the case (Fig. 7, first filter module 25), and a fan disposed inside the case and provided on an inside of the filter (Fig. 7, first fan module 24; the fan is on an insider of the filter as depicted in Fig. 7). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known mask of Osendorf, with the air purifying module of Kim, to generate suction force for sucking in outside air and facilitate airflow as taught by Kim (Kim, col. 5, line 28-40).
The modified Osendorf further discloses a curved surface portion having a convex curvature outwardly of the cover (Osendorf, Fig. 5, top surface of the cover 20; Fig. 6, 8 further shows the curvature; Claim 17, “the cartridge housing construction having a curved side wall portion defining an air inlet to the passageway”; See Fig. B annotated below, the marked portion includes a convex curvature at the edge, therefore defines a curved surface portion) and located in a center of the cover (See Fig. B below, the curved surface portion is at the center of the cover); and a flat surface portion extending in a direction parallel to the filter from an edge of the curved surface portion (Osendorf, flat surface located at the edge of the surface shown in Fig. 5; Fig. 1 shows the flat surface being parallel to the filter, see Fig. B below, the flat surface extending out from the edge of the curved surface portion), wherein an air pocket is formed between the curved surface portion and the filter (See Fig. A and B, an air pocket is formed by the curved surface portion), the air pocket being formed as a space for the outside air introduced through the first passage to flow along the curved surface portion (See Fig. A, Osendorf Fig. 1, direction of airflow labeled by 34, based on the flow direction, air will fill up the air pocket, and therefore it will flow along the curved surface portion; See Fig. B, the air enters through the air pocket and flow along the curved surface portion), and wherein a distance between the cover and the filter is greatest at a center of the curved surface region and gradually decreases towards the flat surface portion (See Fig. B below, the distance is the greatest at a center and gradually decreases towards the flat surface).
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Fig. B, Adapted from Osendorf Fig. 5 and 6
Regarding Claim 2, the modified Osendorf discloses the mask of claim 1, wherein the inlet has one or more holes (See note in claim 1, Osendorf, col. 3, line 36-37, “Outlet 14 typically mounts to a fitment on the respirator mask, such as an outlet tube”, the outlet tube is a hole mounted by the inlet to allow air flow into inside of the mask), and air having passed through the air purifying module flows into the internal space through the one or more holes (See Osendorf Fig. 1, direction of airflow marked by 34, col. 3, line 36-37, “Outlet 14 typically mounts to a fitment on the respirator mask, such as an outlet tube”).
Regarding Claim 3, the modified Osendorf discloses the mask of claim 2, wherein the mask main body has a discharge part disposed below the inlet (Osendorf, Fig. 8, outlet 104) (Examiner Notes: Fig. 8 shows the outlet positioned lower than the filter cartridges and therefore, below the inlet; See Fig. 1 and 2 for position of the inlet. Furthermore, the outlet is angled downward as shown in Fig. 8), wherein the discharge part discharges internal air to an external space (Osendorf, col. 7, line 38-39, “Mask 100 includes an outlet 104 for exhaled air”). The modified Osendorf further discloses that valves for proper airflow can be constructed within the mask (Osendorf, col. 7, line 38-39) by allowing the internal air to flow in one direction (Osendorf, col. 7, line 39-42, “Appropriate valving structure associated with respirator mask 100 permits proper air flow into and out of the mask to filter the air via respirator cartridges 10,10a during breathing by the user.”) (Examiner Notes: The prior art discloses a discharging valve that permits air to flow out during exhalation, appropriate valving structures to allow the air to flow out, and direction of airflow shown in Fig. 1. Therefore, by looking at the airflow direction, the prior art implicitly implies a one way exhalation valve as part of the appropriate valving structure that allows the air to exit the mask while preventing back flow.).
Regarding Claim 10, the modified Osendorf discloses the mask of claim 1, wherein the cover further comprises a protrusion protruding inwardly of the cover from the flat surface portion (See Fig. C, annotated below), and coupled to the case to fix the cover (See Osendorf, Fig. 1 and 2, col. 5 line 25-28), wherein the cover is detachably coupled to the case by the protrusion (Examiner Notes: Fig. 1 and 2 of Osendorf shows the cover being removable, although an adhesive is mentioned in the prior art for attaching the cover, the adhesive is optional and the protrusion is sufficient for coupling the cover to the case removably, see Osendorf col. 6 line 46-52).
Regarding Claim 11, the modified Osendorf discloses the mask of claim 10, but does not explicitly disclose that wherein a first direction length of the protrusion is shorter than a first direction length of the cover. However, Osendorf discloses and illustrates Fig. 1 and 7, see Fig. C annotated below. The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the mask of Osendorf within applicant' s claimed range as Osendorf reasonably teaches the claimed feature based off the drawings.
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Fig. C, Adapted from Osendorf Fig. 1 and 7
Regarding Claim 12, the modified Osendorf discloses the mask of claim 10, wherein the case comprises a recess receiving the protrusion (See Fig. C), but does not explicitly disclose that wherein a second direction length of the protrusion is longer than a depth of the recess. However, Osendorf discloses and illustrates Fig. 1 and 7, see Fig. C annotated above. The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the mask of Osendorf within applicant' s claimed range as Osendorf reasonably teaches the claimed feature based off the drawings.
Regarding Claim 13, Osendorf discloses a mask (Fig. 8, col. 7 line 31-32, “Together, cartridges 10,10a, and mask 100 form a respirator mask unit 103”) comprising: a mask main body (Fig. 8, a respirator mask 100) forming an internal space (See Fig. 8, col. 5, line 7-9, “the airflow path exiting outlet 14 and entering the area of the respirator mask around the user's face”, the area defined between the mask and the user’s face is an internal space ), and having a first inlet and a second inlet providing passages for outside air to flow into the internal space (col. 3 line 36-37, “Outlet 14 typically mounts to a fitment on the respirator mask, such as an outlet tube with a plurality of protrusions (not shown) which each engage one of a plurality of arcuate slots on outlet 14 of cartridge 10 in a twist lock arrangement”; col. 5, line 62-66, “a generally circular opening for outlet 14 which twist locks respirator cartridge 10 to a respirator mask”; See Fig. 1, a circular outlet of a filter is disclosed, a first and second inlet allowing outside air to flow in exists on the mask main body corresponding to each cartridge 10, 10a in Fig. 8); a first air purifying module mounted on one side of the mask main body (Fig. 8, respirator cartridge 10), and having a first passage (See Fig. A above) for allowing the outside air to flow in a direction perpendicular to a side surface of the air purifying module (col. 3, line 28-30, “Respirator cartridge 10 defines a passageway for air entering inlet 12 to travel to outlet 14”; See Fig. 1, 6, 8, the outside air is flowing in a direction perpendicular to a side surface of the cartridge); and a second air purifying module mounted on the other side of the mask main body (Fig. 8, respirator cartridge 10a), and having a first passage for allowing the outside air to flow in a direction perpendicular to a side surface of the air purifying module (col. 7, line 29-31, See Fig. 8, the two air filtering modules are identical), wherein the first air purifying module comprises: a first case forming an exterior of the first air purifying module (Fig. 1, cartridge 2; See Fig. A annotated above); a first cover covering a portion of the first case (See Fig. A; Fig. 5, particulate cartridge 20); a first filter disposed inside the first case and filtering air introduced from an outside (Fig. 1, filter 92; col. 4, line 2-5, “Gas cartridge 22 includes a second filter arrangement 92 comprising a filter media for removing one or more gases from the air passing through the filter media”).
Osendorf is silent on a first fan disposed inside the case and provided on an inside of the first filter.
However, Kim teaches a face mask (Fig. 1), comprising of an air purifying module (Fig. 1, a first air cleaner 2), comprises: a first case forming an exterior of the air purifying module (Fig. 7, first cleaner body 7); a first cover covering a portion of the case (Fig. 7, first cleaner cover 22); a first filter disposed inside the case (Fig. 7, first filter module 25), and a first fan disposed inside the case and provided on an inside of the filter (Fig. 7, first fan module 24; the fan is on an insider of the filter as depicted in Fig. 7). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known mask of Osendorf, with the air purifying module of Kim, to generate suction force for sucking in outside air and facilitate airflow as taught by Kim (Kim, col. 5, line 28-40).
The modified Osendorf further discloses wherein the first cover comprises: a first curved surface portion having a convex curvature outwardly of the cover (Osendorf, Fig. 5, top surface of the cover 20; Fig. 6, 8 further shows the curvature; Claim 17, “the cartridge housing construction having a curved side wall portion defining an air inlet to the passageway”; See Fig. B, the marked portion includes a convex curvature at the edge, therefore defines a curved surface portion) and located in a center of the cover (See Fig. B below, the curved surface portion is at the center of the cover); and a first flat surface portion extending in a direction parallel to the first filter from an edge of the first curved surface portion (Osendorf, flat surface located at the edge of the surface shown in Fig. 5; Fig. 1 shows the flat surface being parallel to the filter, see Fig. B, the flat surface extending out from the edge of the curved surface portion), wherein a first air pocket is formed between the first curved surface portion and the first filter (See Fig. A and B, an air pocket is formed by the curved surface portion), the first air pocket being formed as a space for the outside air introduced through the first passage to flow along the first curved surface portion (See Fig. A, Osendorf Fig. 1, direction of airflow labeled by 34, based on the flow direction, air will fill up the air pocket, and therefore it will flow along the curved surface portion; See Fig. B, the air enters through the air pocket and flow along the curved surface portion), and wherein a distance between the first cover and the first filter is greatest at a center of the first curved surface region and gradually decreases towards the first flat surface portion (See Fig. B, the distance is the greatest at a center and gradually decreases towards the flat surface).
Regarding Claim 14, the modified Osendorf discloses the mask of claim 13, wherein the second air purifying module is bi- laterally symmetrical to the first air purifying module with respect to a center line of the mask main body (Osendorf, col. 7, line 29-31, See Fig. 8, the two air filtering modules are identical).
Regarding Claim 19, the modified Osendorf discloses the mask of claim 13, wherein the first cover further comprises a first protrusion protruding inwardly of the first cover from the first flat surface portion (See Fig. C, annotated above), and coupled to the first case to fix the first cover (See Osendorf, Fig. 1 and 2, col. 5 line 25-28).
The modified Osendorf does not explicitly disclose wherein a first direction length of the first protrusion is shorter than a first direction length of the first cover. However, Osendorf discloses and illustrates Fig. 1 and 7, see Fig. C annotated above. The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the mask of Osendorf within applicant' s claimed range as Osendorf reasonably teaches the claimed feature based off the drawings.
Regarding Claim 20, the modified Osendorf discloses the mask of claim 19, wherein the case comprises a recess receiving the protrusion (See Fig. C), but does not explicitly disclose that wherein a second direction length of the first protrusion is longer than a depth of the first recess. However, Osendorf discloses and illustrates Fig. 1 and 7, see Fig. C annotated above. The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art. In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). See MPEP 2125. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the mask of Osendorf within applicant' s claimed range as Osendorf reasonably teaches the claimed feature based off the drawings.
Claim(s) 5, 6, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osendorf in view of Kim, further in view of Blomberg et al. (US20140216475), hereafter Blomberg.
Regarding Claim 5, the modified Osendorf discloses the mask of claim 1, wherein the case comprises a connection part (Osendorf, Fig. 1, col. 3 line 36-37, “Outlet 14 typically mounts to a fitment on the respirator mask”) but is silent on the connection part inclined downwardly toward a center line of the mask main body from one surface of the case, and connected to the inlet of the mask main body.
However, Blomberg teaches a face mask (Fig. 1, respirator 10), comprising of a case housing a filter (Fig. 1, filter cartridge 12), a mask main body (Fig. 1, mask body 14), an inlet (Fig. 1, filter cartridge receiver 15), wherein the case comprises a connection part inclined downwardly toward a center line of the mask main body from one surface of the case (See Fig. 2B, the connection part is inclined downwardly towards the center of the mask body), and connected to the inlet of the mask main body (par. 0037, “nozzle element 42 is integral with a cartridge sidewall 30. The respirator body 14 and filter cartridge 12 are configured to be fluidically coupled through sleeve-fit engagement between the filter cartridge receiver 15 and nozzle element 42”). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known face mask of Osendorf, with the connection part of Blomberg, for secured connection, easy removal, and provides proper alignment as taught by Blomberg (Blomberg, par. 0032).
Regarding Claim 6, the modified Osendorf discloses the mask of claim 5, wherein the connection part has a second passage formed therein (Blomberg, Fig. 2B, space formed within element 42), through which the outside air having passed through the filter and the fan flows into the internal space (Blomberg, par. 0037, “The filter cartridge receiver 15 and nozzle element 42 cooperate to form an airflow channel”; Osendorf, Fig. 1 shows airflow 34 passes through the filter, to the connection part, then into the internal space).
Regarding Claim 16, the modified Osendorf discloses the mask of claim 13, wherein the first case comprises a first connection part (Osendorf, Fig. 1, col. 3 line 36-37, “Outlet 14 typically mounts to a fitment on the respirator mask”) but is silent on the first connection part inclined downwardly toward the center line of the mask main body from one surface of the first case, and connected to the first inlet of the mask main body.
However, Blomberg teaches a face mask (Fig. 1, respirator 10), comprising of a first case housing a filter (Fig. 1, filter cartridge 12), a mask main body (Fig. 1, mask body 14), an inlet (Fig. 1, filter cartridge receiver 15), wherein the first case comprises a first connection part inclined downwardly toward the center line of the mask main body from one surface of the first case, (See Fig. 2B, the connection part is inclined downwardly towards the center of the mask body) and connected to the first inlet of the mask main body (par. 0037, “nozzle element 42 is integral with a cartridge sidewall 30. The respirator body 14 and filter cartridge 12 are configured to be fluidically coupled through sleeve-fit engagement between the filter cartridge receiver 15 and nozzle element 42”). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known face mask of Osendorf, with the connection part of Blomberg, for secured connection, easy removal, and provides proper alignment as taught by Blomberg (Blomberg, par. 0032).
The modified Osendorf further discloses wherein the first connection part has a 2a passage formed therein (Blomberg, Fig. 2B, space formed within element 42), through which the outside air having passed through the first filter and the first fan flows into the internal space (Blomberg, par. 0037, “The filter cartridge receiver 15 and nozzle element 42 cooperate to form an airflow channel”; Osendorf, Fig. 1 shows airflow 34 passes through the filter, to the connection part, then into the internal space).
Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered but they are not persuasive. Specifically, regarding Claim 1, the applicant argued that Osendorf teaches the top surface is predominantly flat in the center with curved portion at the edge. However, the claim does not require the curved surface portion has a continuous curvature, the top surface of Osendorf comprises of curved surfaces, therefore, under broadest reasonable interpretation, it does define a curved surface portion, as annotated in Fig. B. Furthermore, the curved surface portion is located in a center of the cover as shown in annotated Fig. B.
The applicant then argues that the air pocket is located between the flat portion and the filter, however, as understood by one of ordinary skill in the art, airflow will occupy the entire air pocket. The air pocket in Osendorf is defined between the curved surface portion and the filter, which includes both the flat surface and the curved edge. Fig. 6 shows the entrance of the air pocket, which has curved side walls and is part of the curved surface portion. Furthermore, Fig. 1 shows the direction of airflow indicated by arrow 34, which clearly shows a curved flow path in the air pocket, indicating the air flows along the curved edge and the flat surface, therefore flows along the curved surface portion.
The applicant further argues that the distance between the cover and the filter is constant across the center of the air pocket in Osendorf. However, the claimed limitation describes the height relationship between the cover and the filter, under broadest reasonable interpretation, at the center of the cover, the distance is the greatest, and the distance decreases gradually towards the flat surface portion due to the curved edge as shown in Fig. 6 of Osendorf. The claim does not require the distance to be the greatest at a central point, and continuously decreases towards the flat surface portion.
The applicant states that the structural differences between Osendorf and the claimed invention are not mere design choices. However, to establish unexpected results, the applicant must present appropriate evidences. Arguments by applicant cannot take the place of evidence, In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965) and In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984). Statements must be supported by an appropriate affidavit or declaration include statements regarding unexpected results, see MPEP 716.01(c).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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