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 .
Claims 1-21, filed 11/8/22, are currently pending.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 recites “of a left side or” suggested to be changed to --of a left side of the body or-- for language consistency. Appropriate correction is required.
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 10-11 and 15-17 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.
Claim 10 recites “the upper side” and “the lower side,” which lack proper antecedent basis.
Claims 11 and 17 recites “the left or right,” which lacks proper antecedent basis. It is also confusing in claim 17 as to what exactly applicant is referring to here. It appears applicant is referring to a left or right side of the body.
Claim 15 recites “the upper side,” which lacks proper antecedent basis.
Claim 16 recites “the lower side,” which lacks proper antecedent basis.
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 1-4 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Usui et al. (2019/0281820) in view of Nguyen (2021/0392966).
Regarding claim 1, Usui discloses a mask [0071] comprising: a body including a yarn (1 and 2) comprising a potential generating filament [0042][0053]; but is silent regarding at least one dart that extends from an edge portion of the body towards a central portion of the body. However, in fig. 4 Nguyen teaches at least one dart (120 and 126) that extends from an edge portion of the body towards a central portion of the body [0030]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s mask with the addition of darts, as taught by Nguyen, for the purpose of providing shape to the mask ([0030] Nguyen).
Regarding claim 2, the modified Usui discloses that the yarn is constructed to generate a potential by expansion and contraction ([0046] Usui) and/or vibration ([0068] Usui) of at least the central portion of the body.
Regarding claim 3, the modified Usui discloses that the dart is a first dart (120, Nguyen) that extends from the edge portion on an upper side of the body towards the central portion of the body, and the mask further comprises: a second dart (126, Nguyen) that extends from the edge portion on a lower side of the body towards the central portion of the body.
Regarding claim 4, the modified Usui discloses that the first dart and the second dart are aligned with each other along a virtual line connecting a center of the edge portion on the upper side of the body and a center of the edge portion on the lower side of the body (see fig. 4 of Nguyen).
Regarding claim 18, the modified Usui discloses that the potential generating filament comprises a piezoelectric material ([0042] Usui).
Regarding claim 19, the modified Usui discloses that the piezoelectric material comprises a poly- L-lactic acid (PLLA) ([0073] Usui).
Regarding claim 20, the modified Usui discloses that the piezoelectric material is free of an additive ([0046-0047] lists various piezoelectric material with no mention of additives, or if there are additives added to the piezoelectric material then “an additive” as claimed is a particular additive not added to the piezoelectric material).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Usui and Nguyen, as applied to claim 3 above, in further view of Scheurn et al. (2005/0273901).
Regarding claim 5, the modified Usui is silent regarding at least one third dart that extends from the edge portion on at least one of a left side or the edge portion on a right side of the body towards the central portion of the body. However, in fig. 2-3 Scheurn teaches at least one third dart (darts 36) that extends from the edge portion on at least one of a left side (dart of the left side edge) or the edge portion on a right side (dart on the right side edge) of the body towards the central portion of the body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s mask with the addition of darts on the left and right side edges, as taught by Scheurn, for the purpose of further providing shape to the mask ([0028] Scheurn).
Regarding claim 6, the modified Usui discloses that the first dart, the second dart and the at least one third dart are respectively disposed so as to face the central portion of the body (Fig. 4 Nguyen, Fig. 2-3 Scheurn), and wherein respective ends of the first dart, the second dart and the at least one third dart face the central portion of the body and are spaced apart from each other (Fig. 4 Nguyen, Fig. 2-3 Scheurn).
Regarding claim 7, the modified Usui discloses that the yarn is constructed so as to generate a potential from expansion and contraction ([0046] Usui) and/or vibration ([0068] Usui) of the body in a region inside the respective ends of the first dart and the second dart and the at least one third dart (this would occur inside the respective ends of the darts due to the potential generating filament yarn material of Usui).
Claims 8, 10-11, 14-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Usui and Nguyen, as applied to claim 1 above, in further view of Williams (2,447,450).
Regarding claim 8, the modified Usui is silent regarding a body contact member, wherein the body contact member extends in a string shape or a band shape from the edge portion of the body and is constructed to be fixed to an ear of a wearer of the mask. However, Williams teaches a body contact member (each of 7 and 4 connected together, forming a body contact member), wherein the body contact member extends in a string shape (Fig. 1-2) or a band shape from the edge portion of the body and is constructed to be fixed to an ear of a wearer of the mask (Fig. 1-2, each of 7 are fixed to the ear during use). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s mask with the addition of a body contact member, as taught by Williams, for the purpose providing an ear attachment mechanism (Col. 2, ll. 26-34 Williams) and shape forming to the mask (Col. 2, ll. 24-28 Williams).
Regarding claim 10, the modified Usui discloses that the body contact member is provided at the edge portion on the upper side (4, Williams) and/or lower side of the body.
Regarding claim 11, the modified Usui discloses that the body contact member is provided at the edge portion on at least one of the left or right side of the body (left and right portions of 4 are on the left and right sides of the body, fig. 1 Williams).
Regarding claim 14, the modified Usui discloses that the body contact member includes a wire (4 and each of 7, Williams).
Regarding claim 15, the modified Usui discloses that the wire is positioned along the edge portion on the upper side of the body (4, Williams).
Regarding claim 17, the modified Usui discloses that the wire is positioned along the edge portion on at least one of the left or right of the body (left and right portions of 4 are on the left and right sides of the body, fig. 1 Williams).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Usui and Nguyen, as applied to claim 1 above, in further view of Weeks, Jr. et al. (3,779,244).
Regarding claim 9, the modified Usui is silent regarding a body contact member, wherein the body contact member extends in a string shape or a band shape from the edge portion of the body and is constructed to be fixed to a back of a head of a wearer of the mask. However, in fig. 1-2 and 5 Weeks teaches a body contact member 18, wherein the body contact member extends in a string shape or a band shape (Fig. 1-2) from the edge portion of the body (Fig. 1-2) and is constructed to be fixed to a back of a head of a wearer of the mask (Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s mask with the addition of a body contact member, as taught by Weeks, for the purpose providing headgear for attachment of the mask to the user’s head.
Claims 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Usui, Nguyen and Williams, as applied to claims 8 and 14 above, respectively, in further view of Weeks, Jr. et al. (3,779,244).
Regarding claim 12, the modified Usui is silent regarding that the body contact member is provided along an entirety of the edge portion of the body. However, Weeks teaches a body contact member (30 and ductile wire 32) that is provided along an entirety of the edge portion of the body (Col. 6, ll. 46-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s body contact member with the addition of a further portion of wire extending along the remaining edge portions of the body, as taught by Weeks, for the purpose providing the ability to conform the mask to the user’s entire face (Col. 6, ll. 46-56 Weeks).
Regarding claim 16, the modified Usui is silent regarding that the wire is positioned along the edge portion on the lower side of the body. However, Weeks teaches a body contact member (30 and ductile wire 32) that is provided along an entirety of the edge portion of the body (Col. 6, ll. 46-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s body contact member with the addition of a further portion of wire extending along the remaining edge portions including the lower side of the body, as taught by Weeks, for the purpose of providing the ability to conform the mask to the user’s entire face (Col. 6, ll. 46-56 Weeks).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Usui, Nguyen and Williams, as applied to claim 8 above, in further view of Vasudeva et al. (2021/0339062).
Regarding claim 13, the modified Usui is silent regarding that a friction material on at least a part of a surface of the body contact member. However, in fig. 3 Vasudeva teaches a friction material (pad 23 provides some amount of friction) on at least a part of a surface of the body contact member (ear loop 22). 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 modified Usui’s body contact member with the addition of a friction material, as taught by Vasudeva, for the purpose of providing comfort to the user ([0077] Vasudeva).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Usui and Nguyen, as applied to claim 18 above, in further view of Yoshida et al. (2019/0267538).
Regarding claim 21, the modified Usui is silent regarding that the piezoelectric material contains a hydrolysis inhibitor. However, Yoshida teaches a piezoelectric material that contains a hydrolysis inhibitor [0220]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usui’s piezoelectric material with the addition of a hydrolysis inhibitor, as taught by Yoshida, for the purpose of improving resistance to moist heat ([0220] Yoshida).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wyatt (5,269,024) and Plank et al. (2021/0386134) directed to a mask with darts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL T SIPPEL whose telephone number is (571)270-1481. The examiner can normally be reached M-F 9:00-5:00 PM.
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/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785