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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/27/2022, 03/20/2025, and 05/23/2025 have been considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 1: The limitation “so as to cover at least a mouth and nostrils” is claiming the human body which is considered non-statutory subject matter. The preamble should be re-written with the term "adapted to cover at least a mouth and nostrils" or “configured to cover at least a mouth and nostrils” prior to the limitations to overcome positively citing the human body.
Claim 1 line 13: “a desired display” should read “the desired display”
Appropriate correction is required.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 12, 16-18, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Nakao et al. WO 2021241034, further in view of Kim et al. KR102285825
Regarding claim 1, Nakao discloses a mask that is worn so as to cover at least a mouth and nostrils of a user's face (Claim 1 states that “A fan motor is installed on a mask that covers a person's mouth and nose”), the mask comprising: a main body portion (Figure 12 depicts mask body 3) that is disposed at a shield position covering the mouth (Page 2 of the attached translated reference states that “a mask that makes the area around the mouth transparent to show the movement of the lips to the other party has been devised.” This indicates that the mouth of the user would be covered by mask body 3.) and nostrils of the user (Page 7 states that “The mask body 3 is responsible for the nose”).
a fixing member configured to fix the main body portion to the face (Ear strap 4) so that the main body portion is held at the shield position (The ear straps help to hold this mask in a shield position as when worn by a user, the mask body will cover the mouth and nose as discussed above.).
a display panel (Display device 21) that is provided to the main body portion at a position opposite a front of the user's face (Figure 12 depicts display device 21 provided on mask body 3, located opposite the user’s face by way of being on the front of mask cover 2) and configured to perform a desired display with light emitted in a specific direction (Page 8 states that “the display device 21 may be a liquid crystal panel, a smartphone, or an LED dot matrix. The display device 21 can display the movement of the mouth, display characters, display sign language, display translated foreign language characters, and the like.” With the display device having the ability to display certain types of displays, it would also have the ability to emit light as any sort of visual display would give off light in the form of the color the screen or display is displaying.) ;
a light source unit configured to irradiate the display panel with light in the specific direction (Whether the display is a liquid crystal panel, smartphone, or an LED dot matrix, each would have some sort of light source unit within that causes the direct display/projection of picture or color to occur. These are inherent within a liquid crystal panel and a smartphone, however the method of a light source unit for an led dot matrix would be individual LEDs themselves.);
and a display control unit (Control device 17) configured to control the light source unit so as to perform a desired display on the display panel (Page 9 states that “To display characters, the signal of the microphone 18 is processed by the control device 17.”).
wherein the main body portion has a mounting portion to which the display panel is mounted and wherein the mask further comprises an attachment mechanism (Page 9 states that “A display device 21 may be mounted.” Since display device 21 is mounted to mask body 3, the mask body would contain this mounting portion, this mounting portion would also have to have some sort of attachment mechanism that is able to mount and hold the display device in place.).
wherein the attachment mechanism is provided on a surface of the main body portion that is opposite the face (Page 9 states that “A display device 21 may be mounted.” Since display device 21 is mounted to mask body 3, and the surface of mask cover 2 is located opposite the user’s face, the attachment mechanism that has the ability to mount display device 21 would be provided on a surface that is opposite the user’s face.) and the display panel is attached to the surface of the main body portion that is opposite the face (Since the display panel is mounted onto some sort of attachment mechanism that is located on the surface of mask cover 2 opposite the user’s face, the display panel itself would also be located on this area that is opposite the user’s face.).
Nakao is silent regarding wherein the attachment mechanism is configured to attach the display panel to an attachment portion in a detachable state. Kim discloses an analogous display mask that does teach wherein the mask further comprises an attachment mechanism configured to attach the display panel to an attachment portion in a detachable state (Figure 1 depicts detachable means 130a and 130b attaching display device 100). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mask of Nakao and include the teachings of Kim wherein the mask further comprises an attachment mechanism configured to attach the display panel to an attachment portion in a detachable state as the use of detachable members allows for the display device to be attached and detached to a surface on the front of rear surface of a mask body (Page 4).
Regarding claim 12, Nakao discloses the mask according to claim 1. Nakao further discloses wherein the main body portion has a light transmitting portion configured to transmit light in a portion where the display panel is mounted (Page 5 states that “the mask cover 2 should be transparent, and the center of the mask body 3 should be made of a transparent material so that the mouth and nose can be seen” Display portion 21 is attached to the center of mask body 3, therefore the portion that it is mounted to is made of transparent material that has the ability to transmit light.).
Regarding claim 16, Nakao discloses the mask according to claim 1. Nakao further discloses a blower fan (Figure 11, fan 1) that is provided to the main body portion (Figure 11 depicts fan 1 provided on mask body 3) and configured to form an air flow in a gap between the main body portion and the front of the face (The abstract states that “The present invention provides a fan motor in a mask, a device covering a mask, or a case having a mask shape, and provides assistance in breathing through the mask or a filter using the wind power or pressure of the fan.” The fan does have the ability to form an airflow behind mask body 3 and towards the user’s mouth).
Regarding claim 17, Nakao discloses the mask according to claim 16. Nakao further discloses wherein the blower fans are provided on both sides of the display panel. Figure 10 displays fans on both sides of mask cover 2, which contains display 21.
Regarding claim 18, Nakao discloses the mask according to claim 16, wherein the blower fans blow air from the gap between the main body portion and the front of the face to an outside of the main body portion (Page 6 states that “Alternatively, the rotation of the fan 1 may be only exhaust, and conversely, the rotation of fan 1 may be only intake.” Depending on the rotation of the fan, the fan would have the ability to blow air that is inside the gap between mask body 3 and the mouth, towards an area outside the main body portion.
Regarding claim 20, Nakao discloses the mask according to claim 1. Nakao further discloses wherein the fixing member is an over-the-ear portion that is provided on both left and right sides of the main body portion and latches to user's ears in an extendable state (Ear strap 4, seen in figures 12 and 14a).
Regarding claim 21, Nakao discloses the mask according to claim 1. Nakao further discloses wherein at least a portion of the main body portion to which the display panel is mounted is molded from a resin that is light-transmissive (Page 5 states that “the mask cover 2 should be transparent, and the center of the mask body 3 should be made of a transparent material so that the mouth and nose can be seen” Display portion 21 is attached to the center of mask body 3, therefore the portion that it is mounted to is made of the transparent and light transmissive material.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nakao and Kim, further in view of Levy et al. EP 3153045
Regarding claim 3, the combination of Nakao and Kim teaches the mask according to claim 2. The combination is silent regarding wherein the attachment mechanism includes a magnet configured to magnetically fix the display panel to the main body portion. Levy discloses an analogous clothing display that does teach wherein the attachment mechanism includes a magnet (magnetic peripheral frame 230) configured to magnetically fix the display panel (Display 206) to the main body portion (garment 100). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nakao and Kim with the teachings of Levy and include wherein the attachment mechanism includes a magnet configured to magnetically fix the display panel to the main body portion as this would allow attachment of the display onto the desired garment, in the case the face mask of Nakao (Page 4).
Claims 5-10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Nakao and Kim, further in view of Osumi et al. 2020/0183073
Regarding claim 5, the combination of Nakao and Kim discloses the mask according to claim 1 and a display panel (21), but fails to teach wherein the display panel has a light guide plate having an incident surface on which light emitted from the light source unit is incident, and an exit surface from which light is emitted toward the main body portion. Osumi discloses a light guide plate (2) that does include an incident surface on which light emitted from the light source unit is incident (Figure 1 depicts surface 2a-1 which receives incident light from light source 3-1 as stated in paragraph 0044.), and an exit surface (Figure 2 surface 2c) from which light is emitted (0045 states that “is emitted from an outgoing surface 2c on the front side”). If this light guide plate is substituted onto the display device seen in Nakao, the light would have the ability to be emitted towards the main body portion of the mask cover as some of the emitted light would go outwards towards mask body 3. It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mask of Nakao and Kim and substitute in the light guide plate of Osumi and include wherein the display panel has a light guide plate having an incident surface on which light emitted from the light source unit is incident, and an exit surface from which light is emitted toward the main body portion as it has the ability to reflect light from an emitted light source in a certain pattern (abstract).
Regarding claim 6, the combination of Nakao and Osumi teaches the mask according to claim 5. The combination further teaches wherein the light source unit includes a first light source that is provided to the main body portion at a position opposite a lower end surface of the light guide plate. Figure 9a illustrates light source 3-4 which is provided opposite the bottom surface of light guide plate 2. The combination mask of Nakao and Osumi would have this light source unit being provided to the main body portion in mask body 3 as it has been placed on the display device 21, and the first light source 3-4 would be included as part of the overall light source. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nakao and Osumi and include wherein the light source unit includes a first light source that is provided to the main body portion at a position opposite a lower end surface of the light guide plate as this first light source can provide a first displayed pattern when activated (0009).
Regarding claim 7, the combination of Nakao and Kim, in view of Osumi teaches the mask according to claim 5, wherein the light source unit includes a second light source that is provided to the main body portion at a position opposite a side end surface of the light guide plate. Figure 8 of Osumi illustrates light source 3-1 which is provided opposite a side surface of light guide plate 2. The combination mask of Nakao and Osumi would have this light source unit being provided to the main body portion in mask body 3 as it has been placed on the display device 21, and the second light source 3-1 would be included as part of the overall light source. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nakao and Osumi and include wherein the light source unit includes a second light source that is provided to the main body portion at a position opposite a side end surface of the light guide plate as this second light source can provide a second displayed pattern when activated (0009).
Regarding claim 8, the combination of Nakao and Kim, in view of Osumi teaches the mask according to claim 5. The combination further teaches wherein the light source unit includes a first light source that is provided to the main body portion at a position opposite a lower end surface of the light guide plate, and a second light source that is provided to the main body portion at a position opposite a side end surface of the light guide plate. Figure 9a illustrates light source 3-4 which is provided opposite the bottom surface of light guide plate 2 and Figure 8 illustrates light source 3-1 which is provided opposite a side surface of light guide plate 2. The combination mask of Nakao and Osumi would have both light source units being provided to the main body portion in mask body 3 as both would be a part of the light guide plate that has been placed on display 21. It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nakao and Osumi and include wherein the light source unit includes a first light source that is provided to the main body portion at a position opposite a lower end surface of the light guide plate, and a second light source that is provided to the main body portion at a position opposite a side end surface of the light guide plate as this setup would allow for a first and second light source that could subsequently provide both a first and second display pattern when either are activated (0009).
Regarding claim 9, the combination of Nakao and Kim, in view of Osumi teaches the mask according to claim 5. The combination fails to explicitly disclose wherein the light source unit includes a plurality of first light sources that are provided to the main body portion at positions opposite one end surface of the light guide plate. However, the combination does disclose one light source at a position opposite an end surface of the light guide plate, as seen in figures 8 and 9a and since a mere duplication of parts has no patentable significance unless a new and unexpected result is produced, the combination is capable of teaching wherein the light source unit includes a plurality of first light sources that are provided to the main body portion at positions opposite one end surface of the light guide plate, MPEP § 2144.04-VI-B. It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nakao and Osumi and include wherein the light source unit includes a plurality of first light sources that are provided to the main body portion at positions opposite one end surface of the light guide plate as the use of multiple light sources on one side would allow for an optimization of amount of incident light that is emitted.
Regarding claim 10, the combination of Nakao and Kim, in view of Osumi teaches the mask according to claim 5. The combination further teaches wherein the light guide plate further has, on either an upper surface or a lower surface, a plurality of prisms (Figure 2 depicts prisms 11 formed within a surface of light guide plate 2) that are arranged to match the desired display (The abstract states that “The light guide plate 2 has a plurality of prisms 11 that is arrayed along each pattern in a plurality of patterns (21 to 24).”) and configured to reflect the light emitted from the light source unit onto the incident surface in a specific direction (Paragraph 0098 states that “the reflected light is reflected by a prism 11-5 in a pattern displayed by the light source 3-4 disposed to face the incoming surface 2a-4”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Nakao and Osumi further and include wherein the light guide plate further has, on either an upper surface or a lower surface, a plurality of prisms that are arranged to match the desired display and configured to reflect the light emitted from the light source unit onto the incident surface in a specific direction as the prisms allow for light to be emitted towards the viewer (0098).
Regarding claim 14, the combination of Nakao and Kim, in view of Osumi discloses the mask according to claim 1. Nakao is silent regarding wherein the display control unit controls the light source unit so as to turn a display on and off on the display panel. Osumi discloses an analogous light source in a light guide plate that does teach wherein the display control unit (Controller 6) controls the light source unit so as to turn a display on and off (0051 states that “controller 6 controls on and off of the light sources 3-1 and 3-2 “) on the display panel (display device 1). It would have been prima facie obvious for one of ordinary skill in the art to modify the mask of Nakao with the teachings of Osumi and include wherein the display control unit controls the light source unit so as to turn a display on and off on the display panel to control each light source (0051).
Regarding claim 15, the combination of Nakao and Kim, in view of Osumi discloses the mask according to claim 1. Nakao is silent regarding wherein the display control unit switches the light source unit that irradiates the display panel with light, so as to switch a display on the display panel. Osumi does teach wherein the display control unit switches the light source unit that irradiates the display panel with light, so as to switch a display on the display panel. Paragraph 0052 states that “the controller 6 turns on the light source 3-1 and turns off the light source 3-2”, furthermore “To make only the pattern 22 visible to the viewer, the controller 6 turns off the light source 3-1 and turns on the light source 3-2.” It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nakao with the teachings Osumi and include wherein the display control unit switches the light source unit that irradiates the display panel with light, so as to switch a display on the display panel as this allows for control over which pattern is visible to the viewer based on the activation of one light source or the other (0052).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nakao, Kim, and Osumi, further in view of Ikeda et al. 2020/0183080
Regarding claim 11, the combination of Nakao, Kim, and Osumi teaches the mask according to claim 5. The combination fails to teach wherein the light guide plate further has a tapered portion that has a substantially rectangular shape, that is provided at a corner portion of this substantially rectangular shape, and that reflects the light emitted from the light source unit and incident on the incident surface to change a direction of the light. Ikeda discloses an analogous light guide plate that does teach wherein the light guide plate further has a tapered portion (Parts 2d and 2e is tapered as stated in 0047) that has a substantially rectangular shape (Figure 3 depicts the extruded portion of the surface as being a rectangular shape), that is provided at a corner portion of this substantially rectangular shape (Figure 1 depicts parts 2d and 2e at the corners), and that reflects the light emitted from the light source unit and incident on the incident surface to change a direction of the light (0047 states that “The reflective surface 2d totally reflects light from the light source 3-1 propagating through the light guiding panel 2.”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Nakao and Osumi and include wherein the light guide plate further has a tapered portion that has a substantially rectangular shape, that is provided at a corner portion of this substantially rectangular shape, and that reflects the light emitted from the light source unit and incident on the incident surface to change a direction of the light as this would allow for light to propagate in a direction that is parallel to the longitudinal direction of the incoming surface (0047).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Nakao, Kim and Osumi, further in view of Nishida et al. 2021/0244109
Regarding claim 13, Nakao discloses the mask according to claim 1. Nakao is silent regarding wherein the main body portion has a recess on a surface where the display panel is mounted, to expose at least part of an end surface of the display panel. Nishida discloses an analogous display mask that does teach wherein the main body portion (Mask 1) has a recess on a surface (Pocket structure 12, figure 2) where the display panel is mounted (Figure 2 depicts display 100 being mounted onto pocket structure 12), to expose at least part of an end surface of the display panel (Figure 2 depicts a part of the display panel being exposed). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nakao and Osumi and include wherein the main body portion has a recess on a surface where the display panel is mounted, to expose at least part of an end surface of the display panel as this would allow for supporting and securing the flexible display onto the mask body (0041).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Nakao, Kim and Osumi, further in view of Youngjun et al. KR 20200048502
Regarding claim 19, Nakao discloses the mask according the claim 16. Nakao is silent regarding wherein the main body portion has a plurality of communication holes that communicate an outside air and the gap between the front of the face, on a surface on an opposite side from a side opposite the face, and the blower fans blow air to an outside of the main body portion through the plurality of communication holes. Youngjun discloses an analogous mask that does teach wherein the main body portion has a plurality of communication holes (Suction port 221 and 421) that communicate an outside air and the gap between the front of the face (“The flow direction of external air flowing through the first suction port 221 and the second suction port 421 is indicated by A”, also shown in figure 14), on a surface on an opposite side from a side opposite the face (Figure 14 shows suction port 221 located on the opposite side of the mask which is locates opposite the user’s face), and the blower fans blow air to an outside of the main body portion through the plurality of communication holes (Figure 15 depicts air being blown outside of the mask based on air flow path B). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nakao with the teachings of Youngjun and include wherein the main body portion has a plurality of communication holes that communicate an outside air and the gap between the front of the face, on a surface on an opposite side from a side opposite the face, and the blower fans blow air to an outside of the main body portion through the plurality of communication holes as it allows for openings through which external air will be sucked (page 23).
Response to Amendment
112(b) rejections have been withdrawn due to amendment.
Response to Arguments
Applicant's arguments filed 10/09/2025 have been fully considered but they are not persuasive. The arguments state that a combination of Nakao and Kim do not teach or suggest wherein the attachment mechanism is provided on a surface that is opposite the face of the user (page 4). Furthermore, on page six the argument is made that the inside surface of the mask is being referred to as the opposite surface. Examiner respectively disagrees with the argument as the claim language refers to the attachment mechanism and display panel as being attached to “a surface of the main body portion that is opposite the face”. Although the display device 21 of Nakkao and its inherent mounting portion are attached to the front of the mask body surface, it would still meet the requirements of the claim as the entirety of mask body surface 3 is located opposite the user’s face. The specificity of referring to the outside or the inside is irrelevant as the entirety of mask body 3 is a singular surface that is located opposite the user’s face, and the display device is on a surface of said mask body. Therefore, locationally, the display device is indeed located opposite the user’s face. This same logic holds true for the attachment mechanisms of Nakao, as they are located on a surface that is opposed to the face of the user.
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.
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/ROHAN PATEL/ Examiner, Art Unit 3785
/BRANDY S LEE/ Supervisory Patent Examiner, Art Unit 3785