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 03/02/2026. As directed by the amendment, no claims were canceled, claims 1-6, 8, 10-12, and 17 were amended, and no claims were newly added. Thus, claims 1-17 are presently pending in this application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 lines 21-22, the terms “an one end” and “an other end” are unclear as to if the terms are the same or different than in lines 12-13.
Any remaining claims are rejected as being dependent upon a rejected base claim.
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 1-6, 8-9, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liao et al. (US 2021/0289852; hereinafter “Liao”) in view of Nie (CN 104,664,926).
Regarding claim 1, Liao discloses a mask (see Liao face mask M) comprising:
a mask body having first and second peripheral edges extending in a first direction (see Liao a plurality of main structure layers 1 top and bottom edges, see annotated Fig. 6 below) and third and fourth peripheral edges extending in a second direction intersecting with the first direction (see Liao a plurality of main structure layers 1 both side edges, see annotated Fig. 6 below);
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a first ear hooking part bonded to a first side edge part adjoining the third peripheral edge of the mask body (see Liao Fig. 6 elastic structure layer 2 disposed on a surface of main structure layer 1 to bond, and wherein elastic ear strap portion 212 [comprising connecting section 2121 and extending section 2122] on right side section 211R is the “first ear hooking part”); and
a second ear hooking part bonded to a second side edge part adjoining the fourth peripheral edge of the mask body (see Liao Fig. 6 elastic structure layer 2 disposed on a surface of main structure layer 1 to bond, and wherein elastic ear strap portion 212 [comprising connecting section 2121 and extending section 2122] on left side section 211L is the “second ear hooking part”),
wherein the first ear hooking part has:
first (see Liao Fig. 7 on right side section, top side section 211T, connecting section 2121, and extending section 2122 on top T side) and second extension parts (see Liao Fig. 7 on right side section, Fig. 7 bottom side section 211B, connecting section 2121, and extending section 2122 on bottom B side) that extend in the first direction along the first peripheral edge or the second peripheral edge at a distance from each other in the second direction (see Liao on right side, all pieces top/bottom side section 211T, 211B, and respective connecting sections 2121 and extending sections 2122 extend in the first direction and/or directly along the first/second peripheral edge Annotated Fig. 6) and that respectively have an one end (see Liao Fig. 7 top section 211T and connecting section 2121 meet in the top right corner of the mask at one side attached to the third peripheral edge from Annotated Fig. 6 above) and an other end in the first direction (see Liao distal end of extending section 2122; forming the furthest out “other end” of the first extension part when open, such as in Fig. 10), the one ends of the first and second extension parts being bonded to the first side edge part (see Liao Fig. 7 each extension part has one side attached to the third peripheral edge from Annotated Fig. 6 above, corresponding to a generalized “first side edge part” being the right side edge).
Liao discloses a first connecting part distinct from the first and second extension parts (see Liao right side bending section 2123 bringing together extending sections 2122 from top and bottom, disposed on middle tear-off line CL), but is silent as to the first connecting part being bonded to the other ends of the first and second extension parts and extending in the second direction. However, Nie teaches the first and second extension parts (see Nie translation Fig. 1 “ear bands 6”, first extension part being the top, horizontal portion of ear band 6, and the second extension part being the bottom, horizontal portion of ear band 6; both of which extend off of the top and bottom edges of “mouth mask body 1”), wherein first connecting part being bonded to the other ends of the first and second extension parts and extending in the second direction (see Nie translation Fig. 1 “ear bands 6” side, vertical portion of ear band 6, accordingly bonded to the top, bottom horizontal portion of the band). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first connecting part of Liao with the bonding between the first connecting part and other ends of the first and second extension parts as taught by Nie, seeing as this would be similar to adding extra “tear off lines CL” of Liao, but as “bonding” lines between the extensions and connecting parts, so as to more easily place/replace individual pieces of the ear hooking parts without complete removal of the entirety of the ear hooking part.
Modified Liao discloses the second ear hooking part has:
third (see Liao Fig. 7 on left side section, top side section 211T, connecting section 2121, and extending section 2122 on top T side) and fourth extension parts (see Liao Fig. 7 on left side section, Fig. 7 bottom side section 211B, connecting section 2121, and extending section 2122 on bottom B side) that extend in the first direction along the first peripheral edge or the second peripheral edge at a distance from each other in the second direction (see Liao on left side, all pieces top/bottom side section 211T, 211B, and respective connecting sections 2121 and extending sections 2122 extend in the first direction and/or directly along the first/second peripheral edge Annotated Fig. 6) and that respectively have an one end (see Liao Fig. 7 top section 211T and connecting section 2121 meet in the top left corner of the mask at one side attached to the fourth peripheral edge from Annotated Fig. 6 above) and an other end in the first direction (see Liao distal end of extending section 2122; forming the furthest out “other end” of the first extension part when open, such as in Fig. 10), the one ends of the third and fourth extension parts being bonded to the second side edge part (see Liao Fig. 7 each extension part has one side attached to the fourth peripheral edge from Annotated Fig. 6 above, corresponding to a generalized “second side edge part” being the left side edge); and
a second connecting part distinct from the third and fourth extension parts (see Liao left side bending section 2123 bringing together extending sections 2122 from top and bottom, disposed on middle tear-off line CL), the second connecting part being bonded to the other ends of the third and fourth extension parts and extending in the second direction (see modification of Liao in view of Nie above for the first connecting part, applying the same modification to the duplicate mirrored part on the left side),
a first ear hooking hole surrounded by the first and second extension parts and the first connecting part of the first ear hooking part is defined (see Liao right removable portion 22R, thus defining right elastic ear strap portion 212), and
a second ear hooking hole surrounded by the third and fourth extension parts and the second connecting part of the second ear hooking part is defined (see Liao left removable portion 22L, thus defining left elastic ear strap portion 212), and
the first extension part of the first ear hooking part and the third extension part of the second ear hooking part are constituted by a first extension member (see Liao right and left sides of top side section 211T form part of the first and third extension parts above and are a continuous member), and
the second extension part of the first ear hooking part and the fourth extension part of the second ear hooking part are constituted by a second extension member distinct from the first extension member (see Liao right and left sides of bottom side section 211B form part of the second and fourth extension parts above and are a continuous member).
Regarding claim 2, modified Liao discloses the mask, in unused state,
the first extension member is configured in a manner that the other end of the first extension part of the first ear hooking part and the other end of the third extension part of the second ear hooking part separably connect with each other in a center of the mask body in the first direction (see Liao Fig. 6 wherein elastic layer 2 is disposed on structure layer 1, and Fig. 7 wherein the plurality of middle through openings 200C show where the right side extending sections 2122 meet in the middle of the mask body M),
the second extension member is configured in a manner that the other end of the second extension part of the first ear hooking part and the other end of the fourth extension part of the second ear hooking part separably connect with each other in the center of the mask body in the first direction (see Liao Fig. 6 wherein elastic layer 2 is disposed on structure layer 1, and Fig. 7 wherein the plurality of middle through openings 200C show where the left side extending sections 2122 meet in the middle of the mask body M),
the first connecting part of the first ear hooking part and the second connecting part of the second ear hooking part separably connect with each other in the center of the mask body in the first direction (see Liao Fig. 9 the plurality of middle through openings 200C define middle tear-off line CL, making right and left bending sections 2123 separable from the middle), and
when the mask is used, the first and second ear hooking parts are separated in the center of the mask body in the first direction (see Liao Fig. 9 the plurality of middle through openings 200C define middle tear-off line CL, making right and left ear strap portions 212 in full separable from the middle).
Regarding claim 3, modified Liao discloses the mask, in an unused state, the first and second ear hooking parts are disposed on a non-skin surface side of the mask body (see Liao [0032] elastic structure layer 2 is disposed on a surface layer of main structure layer 1, such as the third layer 13, the outermost layer. [0031] states first layer 11 can be a skin contacting layer, meaning third layer 13 would be the non-skin surface).
Regarding claim 4, modified Liao discloses the mask, in an unused state, when viewed from a third direction vertical to the first and second directions, ends, on the same side in the second direction, of the first connecting part of the first ear hooking part and the second connecting part of the second ear hooking part protrude from the mask body (see Liao Fig. 6 elastic layer 2 is disposed on top of structure layer 1, meaning from a side view from a “third direction”, the features of elastic layer 2 would protrude from the mask body M).
Regarding claim 5, modified Liao discloses the mask, in an unused state,
the first connecting part of the first ear hooking part is disposed on a side, opposite to the mask body, of the first and second extension parts of the first ear hooking part (see Liao Fig. 10 location of right side bending section 2123 is on the outer side of extending sections 2122, farthest from the body M), and
the second connecting part of the second ear hooking part is disposed on a side, opposite to the mask body, of the third and fourth extension parts of the second ear hooking part (see Liao Fig. 10 location of left side bending section 2123 is on the outer side of extending sections 2122, farthest from the body M).
Regarding claim 6, modified Liao discloses the mask, in an unused state, the first and second ear hooking parts connect with each other in the center of the mask body in the first direction (see Liao Fig. 7 ear straps 212 on each side connect at center via bending sections 2123, on openings 200C defining middle tear-off line CL), and
in the mask, in a used state, the first and second ear hooking parts are separated in the center of the mask body in the first direction, and folded to the outside of the mask body in the first direction (see Liao Fig. 9 opening process to Fig. 10 in the open configuration).
Regarding claim 8, Liao discloses a mask (see Liao face mask M) comprising:
a mask body having first and second peripheral edges extending in a first direction (see Liao a plurality of main structure layers 1 top and bottom edges, see annotated Fig. 6 above) and third and fourth peripheral edges extending in a second direction intersecting with the first direction (see Liao a plurality of main structure layers 1 both side edges, see annotated Fig. 6 above);
a first ear hooking part bonded to a first side edge part adjoining the third peripheral edge of the mask body (see Liao Fig. 6 elastic structure layer 2 disposed on a surface of main structure layer 1 to bond, and wherein elastic ear strap portion 212 [comprising connecting section 2121 and extending section 2122] on right side section 211R is the “first ear hooking part”); and
a second ear hooking part bonded to a second side edge part adjoining the fourth peripheral edge of the mask body (see Liao Fig. 6 elastic structure layer 2 disposed on a surface of main structure layer 1 to bond, and wherein elastic ear strap portion 212 [comprising connecting section 2121 and extending section 2122] on left side section 211L is the “second ear hooking part”),
wherein the first and second ear hooking parts are formed of:
first and second extension members (see Liao Fig. 7 on respective left and right side sections- with top and bottom side sections 211T/211B; connecting sections 2121; and extending section 2122 on top T side/bottom B side) that extend along the first peripheral edge or the second peripheral edge at a distance from each other in the second direction (see Liao on respective right and left sides: all pieces top/bottom side section 211T, 211B, and respective connecting sections 2121 and extending sections 2122 extend in the first direction and/or directly along the first/second peripheral edge Annotated Fig. 6), one ends of which are bonded to the first side edge part of the mask body (see Liao Fig. 7 each extension part has one side attached to the third peripheral edge from Annotated Fig. 6 above, corresponding to a generalized “first side edge part” being the right side edge) and the other ends of which are bonded to the second side edge part of the mask body (see Liao Fig. 7 each extension part has one side attached to the fourth peripheral edge from Annotated Fig. 6 above, corresponding to a generalized “second side edge part” being the left side edge).
Liao discloses a connecting member distinct from the first and second extension members (see Liao respective right and left side bending section 2123 bringing together extending sections 2122 from top and bottom, disposed on middle tear-off line CL), the connecting member extending in the second direction in a center of the mask body in the first direction (see Lia bending section 2123 vertically extends, connecting horizontally extending sections 2122), but is silent as to explicitly being bonded to the first and second extension members. However, Nie teaches the first and second extension members (see Nie translation Fig. 1 “ear bands 6”, first extension part being the top, horizontal portion of ear band 6, and the second extension part being the bottom, horizontal portion of ear band 6; both of which extend off of the top and bottom edges of “mouth mask body 1”), wherein connecting member is bonded to the first and second extension members (see Nie translation Fig. 1 “ear bands 6” side, vertical portion of ear band 6, accordingly bonded to the top, bottom horizontal portion of the band). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting members of Liao with the bonding between the connecting member and first and second extension members as taught by Nie, seeing as this would be similar to adding extra “tear off lines CL” of Liao, but as “bonding” lines between the extensions and connecting parts, so as to more easily place/replace individual pieces of the ear hooking parts without complete removal of the entirety of the ear hooking part.
Modified Liao discloses first and second ear hooking holes surrounded by the first and second extension members and the connecting member are defined (see Liao right removable portion 22R, thus defining right elastic ear strap portion 21 and left removable portion 22L, thus defining left elastic ear strap portion 212),
the method comprising:
a first process in which a mask body continuous body having a first side edge and a second side edge parallel to each other and where the first peripheral edge of the mask body is formed by the first side edge (see Liao Figs. 2-4 main structure 1 including layers 11, 12, 13 in a continuous sheet. Top edge forms the first peripheral edge), the second peripheral edge of the mask body is formed by the second side edge (see Liao main structure 1 bottom edge forms the second peripheral edge) and by cutting in a direction intersecting with the first and second side edges (see Liao Fig. 4 main structure layer tape 1R shows defined “cut lines” between the individual mask bodies 1 that form from the continuous body), the third peripheral edge of the mask body and the fourth peripheral edge of another mask body are formed simultaneously, is conveyed in a direction in which the first and second side edges extend (see Liao Fig. 6 once mask M is cut into single structure 1, the third and fourth edges are formed on the left and right vertical sides);
a second process in which first and second extension part continuous bodies each being continuous in one direction (see Liao Fig. 5 elastic structure layers 2 as a continuous sheet) and where by cutting in a direction intersecting with the one direction, the one ends of the first and second extension members and the other ends of other first and second extension members are formed simultaneously (see Liao Fig. 5 elastic structure layers 2 shows defined “cut lines” between individual elastic bodies that would form elastic ear strap portions 212), are conveyed in the one direction parallel to each other at predetermined intervals (see Liao Fig. 5 “cut lines” that define equal elastic layers 2 sized to the interval of Mask M sizes);
a third process in which a plurality of connecting members are bonded to the first and second extension part continuous bodies at a predetermined interval in a direction in which the first and second extension part continuous bodies are conveyed (see Liao modified by Nie above, to include the process of bonding bending sections 2123 onto the ear strays portions 212), so as to straddle between the first and second extension part continuous bodies being conveyed, thereby forming an ear hooking part continuous body (see Liao bending sections 2123 bonds top and bottom extending sections 2122 to form ear hooking portion together as ear strap portions 212. These features are all present in the continuous body of elastic layer 2 Fig. 5);
a fourth process in which the ear hooking part continuous body and the mask body continuous body both being conveyed are placed one on another (see Liao Fig. 6 elastic structure layer 2 is placed on top of mask structure layer 1) so that the first extension part continuous body of the ear hooking part continuous body is along the first side edge of the mask body continuous body (see Liao on right side, all pieces top/bottom side section 211T, 211B, and respective connecting sections 2121 and extending sections 2122 extend in the first direction and/or directly along the first/second peripheral edge Annotated Fig. 6 ) and the second extension part continuous body of the ear hooking part continuous body is along the second side edge of the mask body continuous body (see Liao on left side, all pieces top/bottom side section 211T, 211B, and respective connecting sections 2121 and extending sections 2122 extend in the first direction and/or directly along the first/second peripheral edge Annotated Fig. 6) and the first and second extension part continuous bodies of the ear hooking part continuous body and the mask body continuous body are bonded together in the middle between the adjoining connecting members (see Liao modified by Nie above to form bonded bending section 2123 in center of mask M with central tear-off line CL), thereby forming a mask continuous body (see Liao Fig. 7 mask M in full; [0029]); and
a fifth process in which the mask continuous body being conveyed is cut in a direction intersecting with the direction in which the mask continuous body is conveyed, thereby obtaining individual masks (see Liao Fig. 11 to Fig. 12 process of layering followed by cutting into individual masks M such as in Fig. 13).
Regarding claim 9, modified Liao discloses in the third process, the first and second extension part continuous bodies having elastic stretchability are conveyed in a state of being stretched in the direction in which the first and second extension part continuous bodies are conveyed (see Liao [0033] each elastic ear straps portions 212’s connecting sections 2121 are tightly connected to the surrounding fixed portion 211; implying the stretched configuration of the elastic material), and
in the fourth process, the first and second extension part continuous bodies of the ear hooking part continuous body are conveyed in a state of being contracted in the direction in which the first and second extension part continuous bodies are conveyed (see Liao once cut through tear-off line CL, the connecting sections 2121 would contract in the direction).
Regarding claim 14, modified Liao discloses the connecting member is formed by cutting a continuous sheet into a strip shape (see Liao modified by Nie; where the vertical portion of ear band 6 is a cut piece from what would be a longer band, and then attached to the horizontal portions. The same concept of cutting a piece to form individual connecting bending section 2123 in Liao applies).
Regarding claim 15, modified Liao discloses wherein the connecting member is previously cut in a curved shape so that an external shape on both sides of the connecting member in the first direction is close to each other in a middle part in the second direction (see Liao bending sections 2123 have a curved shape, where the smallest width of the connecting member is at the middle of the curve and the width of the shape then expands in a vertical direction). Additionally, it would have been obvious to one having ordinary skill in the art at the time the invention was made to change the general shape of the connecting member, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 16, modified Liao discloses wherein after the third process and prior to the fourth process, in a middle part of the connecting member in a direction in which the connecting member is conveyed together with the first and second extension part continuous bodies, a cut is formed in a direction orthogonal to the direction (see Liao Fig. 6 elastic structure layer 2 has middle through openings 200C and middle tear-off line CL prior to being layered with mask structure layer 1).
Regarding claim 17, modified Liao discloses the cut includes a perforation formed in the middle part of the connecting member in the second direction (see Liao middle through openings 200C and middle tear-off line CL in vertical direction).
Claims 7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liao in view of Nie as applied to claims 1 and 8 above, and further in view of Thacher et al. (US 12,256,792; hereinafter “Thacher”)
Regarding claim 7, modified Liao is silent as to the first and second extension parts of the first ear hooking part and the third and fourth extension parts of the second ear hooking part are each formed of a member where an elastic member stretchable in the first direction is sandwiched between two nonwoven fabric sheets or between one folded nonwoven fabric sheet. However, Thacher teaches extension parts of the ear hooking part (see Thacher side trim element 220) are each formed of a member where an elastic member stretchable in the first direction is between one folded nonwoven fabric sheet (see Thacher Col. 8 lines 6-8 “the side trim element 220 is formed to be open at an upper end and to form a channel for receiving an elongate stiffener or riser 230”; and Col. 8 lines 29-32: the riser/stiffener 230 may be formed of a wide range of materials with a plastic (e.g. polypropylene, PPE, PET, or the like) which is useful for flexibility). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first through fourth extension parts of modified Liao with the addition of an elastic member between the fabric of the extension parts as taught by Thacher so as to provide more flexibility to the wearer when donning the mask.
Regarding claim 10, modified Liao is silent as to the first extension part continuous body has: one folded nonwoven fabric sheet; and a first elastic member sandwiched between the one folded nonwoven fabric sheet and stretchable and continuous in the direction in which the first extension part continuous body is conveyed, and the second extension part continuous body has: between other one folded nonwoven fabric sheet; and a second elastic member between the other one folded nonwoven fabric sheet and stretchable and continuous in the direction in which the second extension part continuous body is conveyed.
However, Thacher teaches extension parts (see Thacher side trim element 220) one folded nonwoven fabric sheet; and a first elastic member sandwiched between the one folded nonwoven fabric sheet and stretchable and continuous in the direction in which the first extension part continuous body is conveyed (see Thacher Col. 8 lines 6-8 “the side trim element 220 is formed to be open at an upper end and to form a channel for receiving an elongate stiffener or riser 230”; and Col. 8 lines 29-32: the riser/stiffener 230 may be formed of a wide range of materials with a plastic (e.g. polypropylene, PPE, PET, or the like) which is useful for flexibility). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second extension parts continuous bodies of modified Liao with the addition of an elastic member between the fabric of the extension parts as taught by Thacher so as to provide more flexibility to the wearer when donning the mask.
Regarding claim 11, modified Liao discloses all of the claimed structures, see rejection to claim 10 above, and discloses prior to the fourth process,
the first extension part continuous body is drawn in the direction in which the first extension part continuous body is conveyed, and is provided with stretchability in the direction in which the first extension part continuous body is conveyed (see Liao [0033] right side elastic ear straps portions 212’s connecting sections 2121 are tightly connected to the surrounding fixed portion 211; implying the stretched configuration of the elastic material), and
the second extension part continuous body is drawn in the direction in which the second extension part continuous body is conveyed, and is provided with stretchability in the direction in which the second extension part continuous body is conveyed (see Liao [0033] left side elastic ear straps portions 212’s connecting sections 2121 are tightly connected to the surrounding fixed portion 211; implying the stretched configuration of the elastic material).
Regarding claim 12, modified Liao discloses all of the claimed structures, see rejection to claim 10 above, and discloses the first and second elastic members are continuous in a direction of a folding line (see Liao Fig. 7-8 plurality of through openings 200L and 200R eventually splitting removable portions 22L,R), at a distance from each other so as to be continuous in a direction in which the one nonwoven fabric sheet is continuous (see Liao Fig. 11 elastic structure layer 2 in a continuous body), thereby forming a common continuous body, and the common continuous body is cut in the direction in which the first and second elastic members are continuous between the first and second elastic members so as to be divided into the first extension part continuous body including the first elastic member and the second extension part continuous body including the second elastic member (see Liao Fig. 7 connecting sections 2121 and extending sections 2122 on top and bottom of respective left and right side ear straps 21 are one continuous sheet until sections 22L and 22R are removed cutting along the lines 200L,R and the removal causes Fig. 8 view).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liao in view of Nie and Thacher as applied to claim 10 above, and further in view of Sakurai (US 2020/0215363).
Regarding claim 13, modified Liao discloses the first and second elastic members, but is silent as to the materials rubber threads or shrink films. However, Sakurai teaches elastic members are rubber threads (see Sakurai Figs. 4-5 rubber cord 200 made of rubber strings 201 and member 202 forming ear loops 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elastic member of modified Liao with the elastic member made of rubber threads as taught by Sakurai as this would have been an obvious substitution for one known type of elastic material for another and would yield predictable results, i.e. provide flexibility in the ear hooking parts.
Response to Arguments
Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
Applicant argues, on pages 9-11 of the remarks, that “amended claim 1 is patentable over the applied references”. However, Examiner disagrees. Applicant argues “Liao does not disclose or suggest:… first through fourth extension parts that extend along the side edges of the mask body.” However, using the first extension part from the rejection above as an example, Examiner cites the “first extension part” and “see Liao Fig. 7 on right side section, top side section 211T, connecting section 2121, and extending section 2122 on top T side”. The “side edge” as argued is interpreted as the “first side edge part adjoining the third peripheral edge” as claimed (claim 1 line 5). Each component cited from Liao above as part of the overall “first extension part” is arranged along the third peripheral edge (see annotated Fig. 6 above), and thus within the “first side edge part” as argued. The example can thus be applied to second through fourth extension parts respectively. Additionally, Applicant argues “Liao does not disclose or suggest:… the first extension part and the third extension part being constituted by a first extension member… the second extension part and the fourth extension part being constituted by a second extension member”. However, Examiner refers Applicant to the rejection to amended language above. Applicant’s spec [0059] states “The first extension member 14 constitutes the first extension part 14a of the first ear hooking part 11a and the third extension part 14b of the second ear hooking part 11b”, which is how the Examiner is interpreting the limitations in Liao as well, regarding at least Liao’s top and bottom side sections 211T and 211B as rejected above. Additionally, Applicant argues ““Liao does not disclose or suggest:… the second extension member being distinct from the first extension member,” however Examiner disagrees because the top and bottom side sections 211T and 211B, as explained in the rejection of claim 1 above, are distinct separate members. Thus, 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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/GWYNNETH L HOWELL/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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