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 .
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. § 119(a-d) with reference to Application Number: EP20188831.0 filed on 07/31/2020.
Information Disclosure Statement
The Information Disclosure Statement(s) have been reviewed by the examiner and are found to comply with the provisions of 37 CFR 1.97, 1.98, and MPEP § 609.
Drawings
The drawing(s) have been reviewed by the examiner and are found to comply with the provisions of 37 CFR 1.81 to 1.85.
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.
Claim 2 is 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. It is unclear what applicant intends to claim with the phrase “the first region and/or the second region include a separate ply”. For example, do the first region and/or second region include an additional ply on top of the already existing first and/or second region? Or, do the first region and second region form plies that are separate from each other? Appropriate correction is required.
Claim Objections
Claim 9 is objected to because of the following informalities: the claim recites “a fiber material composite;”. The fiber material composite comprises the first and second regions, as recited in claim 1. Accordingly, examiner recommends replacing the phrase with “a fiber material composite comprising:” for consistency with claim 1 and applicant’s specification. Examiner will interpret the “fiber material composite;” in claim 9 as the composite of the first and second regions together. Appropriate correction is required.
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.
Claim(s) 1 – 3, 5, 8-11, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 109330062; see provided translation) in view of Jeong (KR 102058075; see provided translation).
1. Jiang discloses a fiber material composite (Fig. 1, composite disclosed in [0026]; fibers are disclosed in [0032] per “nonwoven”; please also note claim 5 below) comprising: a first region including metallic silver (layer 1, see [0012, 0026], the nanoscale porous composite incorporates silver nanoparticles; see also [0005 - 0008] for discussion of the nanoporous composite securing the nanoparticles) and for producing reactive oxygen species (see [0005], giving general teaching of the nanoparticles producing ROS; see also US 20100050872, [0017], further evidencing that silver nanoparticles producing ROS); and a second region configured to neutralize the reactive oxygen species (stainless steel filter 2, see [0025]; stainless steel neutralizes ROS as described in applicant’s specification, p. 7, para. 3).
However, Jiang does not disclose the first region including manganese(IV) oxide for producing reactive oxygen species. Nonetheless, Jeong discloses a filtering face mask ([0001]) comprising a first region or layer of manganese(IV) oxide (see [0075 – 0080] for an example of the first manganese region/layer used with other layers in the mask; the manganese is an oxide as described in [0139, 0156]; Fig. 6 and [0028] disclose manganese (IV) or MnO2 oxide) which forms a nanoscale porous composite ([0113, 0114, 0132]) that incorporates silver nanoparticles ([0135]) and produces reactive oxygen species ([0143]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the nanoporous composite of Jiang to include manganese oxide, as taught in Jeong, for the benefit of decomposing ozone while continuing to prevent the passage of bacteria and fine dust through the filter, see [0001], [0008]. The manganese nanoporous composite may be provided on top of, or alternatively in lieu of, the nanoporous composite of Jiang (see [0116] disclosing formation of a thin uniform coating via the electrospun manganese, as well as [0133, 0134] disclosing that formation of the manganese layer may be on top of another layer or alternatively stand-alone).
2. Jiang discloses the fiber material composite as claimed in claim 1, wherein the first region and/or the second region include a separate ply (plies 1 and 2 are separate, see Fig. 1).
3. The modified Jiang discloses the fiber material composite as claimed in claim 1. Jiang discloses an intermediate region such as 3, which is intermediate middle layer 1 and outer layer 4, but does not disclose it configured as a nonwoven. Nonetheless, Jeong discloses an intermediate region configured as a nonwoven, see [0083, 0088]. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the intermediate layer of Jiang to incorporate a nonwoven, as taught by Jeong, since such materials provide the benefit of well-known and cost-effective filter layers.
5. The fiber material composite as claimed in claim 1, wherein the first region and/or the second region comprises a polypropylene nonwoven (see Jeong, [0117, 0122]).
8. The fiber material composite as claimed in claim 1, wherein the second region comprises a stainless steel mesh or stainless steel grid (see Jiang, [0026]).
9. Jiang discloses a mouth/nose protector comprising: a fiber material composite (Fig. 1, which forms a face mask per [0002]; the composite is disclosed in [0026]; fibers are disclosed in [0032] per “nonwoven”, and please also note claim 5 above; the fiber material composite includes the first region and the second region as discussed in the claim objection above); a first region including metallic silver (layer 1, see [0012, 0026], the nanoscale porous composite incorporates silver nanoparticles; see also [0005 - 0008] for discussion of the nanoporous composite securing the nanoparticles) and for producing reactive oxygen species (see [0005], giving general teaching of the nanoparticles producing ROS; see also US 20100050872, [0017], further evidencing that silver nanoparticles producing ROS); and a second region configured to neutralize the reactive oxygen species (stainless steel filter 2, see [0025], which excels at neutralizing ROS as described in applicant’s specification, p. 7, para. 3).
However, Jiang does not disclose the first region including manganese(IV) oxide for producing reactive oxygen species. Nonetheless, Jeong discloses a filtering face mask comprising a first region or layer of manganese(IV) oxide (see [0001]; see [0075 – 0080] for an example of the first manganese region/layer used with other layers in the mask; the manganese is an oxide as described in [0139, 0156]; Fig. 6 and [0028] disclose manganese (IV) or MnO2 oxide) which forms a nanoscale porous composite ([0113, 0114, 0132]) that incorporates silver nanoparticles ([0135]) and produces reactive oxygen species ([0143]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the nanoporous composite of Jiang to include manganese oxide, as taught in Jeong, for the benefit of decomposing ozone while continuing to prevent the passage of bacteria and fine dust, see [0001], [0008]. It is noted that the electrospun manganese forms a nanoporous composite that may provided on top of, or alternatively in lieu of, the nanoporous composite of Jiang (see [0116] disclosing formation of a thin uniform coating via the electrospun manganese, as well as [0133, 0134] disclosing that formation of the manganese layer may be on top of another layer or stand-alone).
10. The mouth/nose protector as claimed in claim 9, wherein the second region is arranged between a mouth region of a wearer of the mouth/nose protector and the first region (see Fig. 2 of Jiang, where the second region is considered to begin after the wearer-facing side of layer 1 and extend to the outermost facing side of the mask facing the wearer, and the first region includes layer 1 as well as all layers extending to the outermost surface away from the wearer).
11. The mouth/nose protector as claimed in claim 9, wherein the first region is arranged as the outermost layer on a side that faces away from the mouth region of a wearer of the mouth/nose protector (see Fig. 2 of Jiang, where the second region is considered to begin after the wearer-facing side of layer 1 and extend to the outermost facing side of the mask facing the wearer, and the first region includes layer 1 as well as all layers extending to the outermost surface away from the wearer).
13. The mouth/nose protector as claimed in claim 8, further comprising a hygroscopic layer (middle layer 3 made of cotton, a hygroscope material; see evidencing reference to US 20210307422, [0121]).
14. The mouth/nose protector as claimed in claim 8, wherein the second region is part of the mouth/nose protector (see Fig. 1) and the first region is designed to be exchangeable (see Jiang, [0009], [0032]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 109330062) in view of Jeong (KR 102058075) in view of Ren (US 20100040655).
4. The modified Jiang discloses the fiber material composite as claimed in claim 1. Ren discloses manganese -doped silver particles, see [0009, 0021]. Therefore, according to the teachings of Ren, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the silver particles of Jiang in view of Jeong to be doped with manganese-oxide for the benefit of impacting the size distribution of the silver particles using a dopant material used elsewhere in the mask, see Ren, [0039].
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 109330062) in view of Jeong (KR 102058075) in view of Bretschger (US 20140141286).
6. The modified Jiang discloses the fiber material composite as claimed in claim 1. Bretschger discloses an oxygen reduction system in which the second region includes a steel mesh that may be alternatively substituted for a mesh having an electrically conducting coating, such as steel, see [0020]. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to substitute the steel mesh of Jiang according to the coated steel described in Bretschger as both materials are understood to serve the same structure/function such as oxygen reduction.
7. The modified Jiang discloses the fiber material composite as claimed in claim 1, but does not explicitly disclose the steel mesh as a woven. Bretschger discloses wherein the second region comprises an electrically conducting woven fabric mesh, see [0020]. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the steel mesh of Jiang according to the woven of Breschger for the predictable result of forming the integrally secure mesh.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 109330062) in view of Jeong (KR 102058075) in view of Lau (WO 2009146412)
12. The modified Jiang discloses the mouth/nose protector as claimed in claim 8. Lau discloses a mask further comprising a hydrophobic layer (p. 13, para. 3). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the mask of Jiang according to the hydrophobic layer of Lau for the benefit of increasing comfort and aerosol entrapment in the mask.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210402355 – membrane incorporated nanoparticles
US 20250057167 – ROS generation with radical scavengers
US 20210386144 – oxidizer/reducer formation
US 20190275454 – encapsulated manganese particles under steel plate
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H PHILIPS whose telephone number is (571)270-5180. The examiner can normally be reached 8:00 - 5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Casler can be reached at (571) 272-4956. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785