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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/04/2026 has been entered.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 1/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
3. The amendment filed 03/04/2026 has been entered. Currently, claims 1-5 and 7-21 remain pending in the application. Independent claims 1 was amended, without the addition of new matte, to include further narrowing limitations. Additionally, new claims 18-21 were added changing the scope of the claims. Lastly, claim 12 was amended to overcome a previous 35 USC 112b rejection set forth in the Final Office Action mailed 12/04/2026.
Response to Arguments
4. Regarding claims 1 and 5 as well as new claims 18 and 20-21, Applicant's arguments filed 03/04/2026 have been fully considered but they are not persuasive. Therefore, the rejection maintains the prior art from the Final Office Action mailed 12/04/2026: Espinal et al. (U.S. Patent Pub. No. 20220015468), Biotec (DE 202020102639 U1), and McCormick et al. (U.S. Patent Pub. No. 20050217678 ).
5. Regarding new claims 19, Applicant’s amendment is sufficient to overcome the previous 35 USC § 102 and 103 rejections recited in the Final Office Action mailed 12/04/2025. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of a new prior art: Craig et al. (U.S. Patent No. 20220054929).
6. Applicant makes the argument that “regarding claim 1 and 5 Espinal fails to disclose permanent attachment of the bite block and shield with bite block 86 separate from viewing portion 52 and mask/shield 12” (Remarks, Page 2, Paragraphs 1-2).
In response to Applicant’s argument, permanent attachment has now been amended in new claims 19, not claims 1 and 5. Thereby, claim 19 overcomes Espinal but not claims 1 and 5. Espinal still has the bite block 86 that has legs clips to be receivably attached into corresponding recesses of viewing portion 52 of shield/mask 12, thereby providing a single integral device even if not permanent/monolithic/one molded-piece.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 9-11, 13-18, and 20-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Espinal et al. (U.S. Patent Pub. No. 20220015468; date of 07/20/2020).
Regarding claim 1, Espinal discloses a shielded bite block 10 (Paragraphs 20, 29, 31, 44 and Figures 9 and 22, shielded bite block 10 comprising face mask shield 12 made of n95 synthetic mesh material and having an attached bite block 86 with endoscope received in opening 88 therethrough) comprising: a shield element 12 made of material comprising a fine mesh of synthetic polymer fibers that is permeable to respiratory gases; and a bite block 86 including a frame (see annotated figure below) and a bite member (see annotated figure below) defining a passage 88, wherein the shield element 12 (Figure 22, bite block 86 attached to viewing portion 52 of shield member 12 via leg clips of bite block 86 into corresponding recess of viewing portion 52) is attached to the bite block 86.
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Regarding claim 2, Espinal discloses the invention as described above and further discloses wherein the shield element 12 defines an opening (Paragraphs 20, 29, 31, 44 and Figures 9 and 22, opening of viewing portion 52) aligned with the passage 88.
Regarding claim 3, Espinal discloses the invention as described above and further discloses further comprising an openable cover 62 (Paragraphs 20, 29, 31, 44 and Figures 9 and 22, openable valve cover 62) to seal the opening.
Regarding claim 4, Espinal discloses the invention as described above and further discloses wherein the shield element 12 defines one or more additional openings (Paragraphs 20, 29, 31, 43-45, and Figures 9 and 22, multiple valves 62,84,90 for respective additional openings) with respective covers that seal the one or more additional openings and that are removable or openable.
Regarding claim 5, Espinal discloses a bite block mask 10 (Paragraphs 20, 29, 31, 44 and Figures 9 and 22, shielded bite block 10 comprising nose and mouth face mask shield 12 made of n95 synthetic mesh material and having an attached bite block 86 with endoscope received in opening 88 therethrough) comprising:a face mask 12 shaped and sized for covering a mouth and nose of a patient; and a bite block 86 attached to the face mask 12, wherein the bite block mask 86 defines a first opening 88 that extends though the face mask 12 and the bite block 86, and wherein sealing elements 62 (Paragraphs 20, 29, 31, 44 and Figures 9 and 22, openable valve cover 62) positioned around the first opening 88 allow passage of an endoscope while providing a seal around the endoscope.
Regarding claim 9, Espinal discloses the invention as described above and further discloses one or more straps 29 (Paragraph 20 and Figure 9, multiple straps 29 to fasten onto face) extending from the face mask and configured for securing the bite block mask 10 to the patient.
Regarding claim 10, Espinal discloses the invention as described above and further discloses a compliant seal 28 (Paragraph 20, complaint perimeter rim seal 28) extending along at least a portion of a periphery of the face mask 12.
Regarding claim 11, Espinal discloses the invention as described above and further discloses wherein the shield element 12 further comprises a malleable member 26 (Paragraph 20, bendable metallic aluminum 26 at nose bridge).
Regarding claim 13, Espinal discloses the invention as described above and further discloses wherein the shield element 12 further comprises a frame member 60 (Paragraphs 32, 44 and Figures 9-10, 22, frame strip 60 between bite block 86 and outer surface of mask shield 12) located between the bite block 86 and an outer periphery of the shield element 12.
Regarding claim 14, Espinal discloses the invention as described above and further discloses wherein the shield element 12 defines one or more ancillary openings (Paragraphs 20, 29, 31, 43-45, and Figures 9 and 22, multiple openable valves 62 for respective additional openings) therethrough.
Regarding claim 15, Espinal discloses the invention as described above and further discloses wherein the shield element 12 further comprises a frame member 60 (Paragraphs 32, 44 and Figures 9-10, 22, frame strip 60 between bite block 86 and outer surface of mask shield 12) between the bite block 86 and an outer periphery of the shield element 12, and wherein the one or more ancillary openings 62 are within a periphery of the frame member 60.
Regarding claim 16, Espinal discloses the invention as described above and further discloses wherein each of the one or more ancillary openings (Paragraphs 20, 29, 31, 43-45, and Figures 9 and 22, multiple openable valves 62 for respective additional openings) includes an openable cover or seal.
Regarding claim 17, Espinal discloses the invention as described above and further discloses wherein the face mask 12 defines one or more nasal openings (Paragraphs 20, 29, 31, 41, 43-45, and Figures 9 and 22, multiple openable valves 62 with at least one for aligning with user’s nostril so that surgical tube 8 is inserted into nostril and delivers oxygen supply 80 thereto) configured to receive a nasal cannula 8 for delivery of oxygen to the patient.
Regarding claim 18, Espinal discloses the invention as described above and further discloses wherein the shield element12 is releasably attachable (Figure 22, bite block 86 attached to viewing portion 52 of shield member 12 via leg clips of bite block 86 into corresponding recess of viewing portion 52) to the bite block 86 using (this part of “or statement is not being examined).
Regarding claim 20, Espinal discloses the invention as described above and further discloses wherein the face mask 12 defines an opening (Figure 22, opening in viewing portion 52 of mask 12 to clip fit with bite block 86 such that there is no spacing therebetween) in alignment with the bite block, and wherein the bite block 86is attached to the face mask 12 such that there is no space between the face mask 12 and the bite block 86.
Regarding claim 21, Espinal discloses the invention as described above and further discloses wherein the bite block 86 and the face mask 12 form a single device such that the bite block 86 is incorporated into the face mask 12 as an integral part (Figure 22, opening in viewing portion 52 of mask 12 to clip fit with bite block 86 so as to form a single integral device when attached together).
Claims 1 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Craig et al. (U.S. Patent No. 20220054929; date of 08/24/2020).
Regarding claim 1, Craig discloses a shielded bite block 10 (Paragraphs 26, 33, 38-39, 41, and Figures 1, 4, 6, and 11: shielded bite block 20 comprising face mask shield 40 made of fine mesh/tightly woven synthetic polyester material and having a unitary one-piece molded bite block 30 into frame 86 with air passage opening 76 in shield 40 and corresponding opening 36 in bite block 30) comprising: a shield element 40 made of material comprising a fine mesh of synthetic polymer fibers that is permeable to respiratory gases; and a bite block 30 including a frame 86 and a bite member 32,34 (Paragraphs 26, 33, 38-39, 41, and Figures 1, 4, 6, and 11) defining a passage 36, wherein the shield element 40 is attached to the bite block 30.
Regarding claim 19, Craig discloses the invention as described above and further discloses wherein the shield element 40 is permanently attached (Paragraph 26, permanent unitary construction) to the bite block 30.
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Espinal et al. (U.S. Patent Pub. No. 20220015468), as applied to claim 5, in view of Biotec (DE 202020102639 U1).
Regarding claim 7, Espinal discloses the invention as described above but fails to explicitly disclose further comprising an air filter for exhaled air, wherein the air filter is attached to the face mask.
Biotec teaches an analogous face mask (Page 4/29 Paragraph 3 and Page 5/29, Paragraphs 2-3, face mask with attached exhalation valve air filter) with an air filter for exhaled air, wherein the air filter is attached to the analogous face mask.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the face mask of Espinal, so that there is further an air filter for exhaled air, wherein the air filter is attached to the face mask, as taught by Biotec, in order to provide an improved bite block mask with an enhanced face mask having an exhalation valve with filter for so that exhaled air can be filtered and released into the environment for better protecting the surrounding community (Biotec, Page 5/29, Paragraphs 2-3).
Regarding claim 8, the combination of Espinal in view of Biotec discloses the invention as described above. Espinal further discloses wherein the face mask 12 defines one or more additional openings (Paragraphs 20, 29, 31, 43-45, and Figures 9 and 22, multiple valves 62,84,90 for respective additional openings) therethrough.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Espinal et al. (U.S. Patent Pub. No. 20220015468), as applied to claim 1, in view of McCormick et al. (U.S. Patent Pub. No. 20050217678 ).
Regarding claim 12, Espinal discloses the invention as described above and further discloses wherein the shield element 12 can be worn on the mouth (Paragraph 20).
However, Espinal fails to explicitly disclose wherein the shield element is configured to be worn below a nose of a patient.
McCormick teaches an analogous shielded bite block 10 (Paragraphs 48, 61, and Figure 6 and 7a, shielded bite block 10 with bite block 12 and mouth covering mask shield 60 without a nasal mask section) wherein the analogous shield element 60 is configured to be worn below a nose of a patient.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the size of shield element of Espinal, so that shield element is configured to be worn below a nose of a patient, as taught by McCormick, in order to provide an improved shielded bite block with an enhanced shield element sized for the mouth without a nasal mask section, thereby still allowing nose ventilation (McCormick, Paragraph 61).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ferraro (US 6530374 B1) teaches a shielded bite block.
Conclusion
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786