DETAILED ACTION
Primary Examiner acknowledges Claims 1-15 are pending in this application as originally filed on April 27, 2023.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “200” has been used to designate “mask body” and “filter unit” (Para 0043). Appropriate correction is required.
Reference characters “100” and “200” (Para 0043) has been used to designate “filter unit”. Appropriate correction is required.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Reference character “200” has been used to designate “mask body” and “filter unit” (Para 0043). Appropriate correction is required.
Reference characters “100” and “200” (Para 0043) has been used to designate “filter unit”. 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 1-15 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.
Specifically, Claim 1, Line 1 recites the concept of “mask to be worn on a user’s face”; however, the breadth and scope of this limitation is unclear and/or potentially rising to the level of rejection under 35 U.S.C. 101 – for the claiming of the human body. It appears the recitation of the claims should include the terms “mask configured /adapted to be worn on a user’s face” to ensure the breadth and scope of the claimed invention is not to the human body but the manner by which the mask is adapted configured to conform to the human body. Dependent claims 2-15 incorporate the indefinite subject matter form which they depend. Appropriate correction and clarification is required.
Specifically, Claim 1, Lines 5-6 recite the concept of “a region corresponding to the nose and mouth of the user”; however, the breadth and scope of this limitation is unclear and/or potentially rising to the level of rejection under 35 U.S.C. 101 – for the claiming of the human body. It appears the recitation of the claims should include the terms “a region configured /adapted to correspond to the nose and mouth of the user” to ensure the breadth and scope of the claimed invention is not to the human body but the manner by which the mask is adapted configured to conform to the human body. Dependent claims 2-15 incorporate the indefinite subject matter form which they depend. Appropriate correction and clarification is required.
Specifically, Claim 3, Line 3 recites the limitation “the second area”; however, this limitation lacks antecedent basis in the claims. It appears the limitation of “second area” was initially introduced in Claim 2, Line 2; however, the parentage of Claim 3 does not incorporate Claim 2. For purposes of this rejection, Primary Examiner will presume the parentage of Claim 3 to incorporate Claim 2. However, appropriate correction and clarification is required.
Specifically, Claim 9, Lines 2-3 recite “so as to fix the mask to the user’s face” which appears to recite an unclear breadth and scope of the claimed invention and/or potentially rising to the level of rejection under 35 U.S.C. 101 – for the claiming of the human body. It appears the recitation of the claims should include the terms “configured /adapted so as to fix to the mask to the user’s face” to ensure the breadth and scope of the claimed invention is not to the human body but the manner by which the mask is adapted configured to conform to the human body. Appropriate correction and clarification is required.
Specifically, Claim 11, Lines 3 and 4 recite “coupled to upper and lower portions and one side and the other side of the mask body”; yet, the breadth and scope of this limitation is unclear. Primary Examiner is unsure what feature Applicant is attempting to refer to as the “upper and lower portions”. Does Applicant intend to correlate the “upper portion” to be the “first filter part” as oriented proximate the nose of the patient, while the “lower portion” is to be the “second filter part” as oriented proximate the chin of the patient? Still further, Primary Examiner notes the terms “upper portion of the filter unit” and “upper portion of the user’s nose” referenced throughout the remainder of Claim 11. ALTERNATIVELY, it appears the term “upper portion” was utilized in Claim 2; yet, the parentage of Claim 11 does not include Claim 2. Should this the dependency of Claim 11 include Claim 2 – to encompass the concept of “upper portion” as related to the “mask body”? Dependent Claim 12 incorporates the indefinite subject matter from which it depends. Appropriate correction and clarification is required.
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 1-3, 7, and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Salvino et al. (11,123,581) – according to Figure 8.
As to Claim 1, Salvino discloses a mask (best seen Figure 8) adapted/configured to be worn on a user’s face, comprising: a mask body (560, “FIG. 8 illustratively depicts yet another embodiment of the gasket facemask with an integrated eye shield consistent with embodiments of the present invention. In this embodiment, the clear mask embodiment 560 includes an integrated eye covering 564, which in certain embodiments is formed from a unitary piece of clear material with the face covering cup/eye system.” Column 14, Lines 15-30) made from a first transparent material (“formed from a unitary piece of clear material” Column 14, Lines 15-30); and a filter unit (406, “In the event the facemask rim 406 is filter material, filtered air is envisioned to move through the facemask rim 406 into the facemask 400.” Column 13, Lines 1-20), which is coupled to the mask body (560) and made from a material (“filter material” Column 13, Lines 1-20) through which air can be ventilated, wherein the mask body (560) is formed in a region adapted/configured to correspond to the nose and mouth of the user (as shown in Figure 8, and see Primary Examiner markup of Figure 8).
As to Claim 2, Salvino discloses the mask body (560) includes a first area (564, proximate nasal bridge 512, wherein 564 – “an integrated eye covering 564” Column 14, Lines 15-30; and 512 – “the bridge 512 of the nose 510” Column 14, Lines 1-15) formed at an upper portion and a second area (424, proximate nose 510 and mouth 504, “the facemask midpoint 424 is located directly in front of the person's face 515 equidistant between the person's nostrils 502 and mouth 504” Column 15, Lines 5-40) formed in a downward direction from the first area (564), and the width (see Primary Examiner markup of Figure 8) of the first area (564) is greater than the width (see Primary Examiner markup of Figure 8) of the second area (424).
PNG
media_image1.png
752
448
media_image1.png
Greyscale
As to Claim 3, Salvino discloses the filter unit (406) is coupled to the mask body (560) so as to be disposed at both sides (left and right - as shown in Figure 8, and see Primary Examiner markup of Figure 8) of the second area (424).
As to Claim 7, Salvino discloses a moisture absorber (“To help preserve a clear view of the person's face 515 (when viewed by an onlooker 438), certain embodiments contemplate an anti-fog coating on the facemask interior surface 776 (as shown in FIG. 11F).” Column 15, Lines 25-40) is coated (“coating”) on an inner surface of the mask body (560).
Should Applicant respectfully disagree with the assertion of Salvino having “moisture absorber” properties via the “anti-fog coating”, Primary Examiner presents Rice et al. (2005/0036100), published over fifteen (15) years prior to the effective filing date of this instant application which clearly states “One known solution to fogging of paintball goggles is to provide an anti-fog moisture-absorbing coating on the inner surface of a single lens.” (Para 0006) was known well-known, routine, and conventional practice in the art to prevent fogging. Thus, the scope of “moisture absorber” is an intrinsic effect of an “anti-fog coating”.
As to Claim 9, Salvino discloses a fixing unit (116, “The facemask 400 is attached to the person's face 515 via a strap (or multiple straps) 116.” Column 13, Lines 55-70) coupled to the mask body (560) or the filter unit (406) configured /adapted so as to fix the mask (Figure 8) to the user’s face.
Claims 1, 4, and 6-9 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Salvino et al. (11,123,581) – according to Figures 1B and 1G.
As to Claim 1, Salvino discloses a mask (Figures 1B and 1G) adapted/configured to be worn on a user’s face, comprising: a mask body (101, “The filtration gasket facemasks 100 generally comprises a face covering cup 101 that is configured to cover both a human mouth 504 and human nostrils 502.” In this embodiment, the face covering cup 101 is a unitary clear flexible molded PVC cup that extends over a person's nose 510, cheeks 514 and along their jawline 506. By unitary, it is meant that the clear flexible cup 101 is molded from a single piece of material. Column 4, Lines 25-60) made from a first transparent material (“a unitary clear flexible molded PVC cup” Column 4, Lines 25-60); a filter unit (110, “A breather port filter 110 (that covers at least one breather port aperture 135 of FIG. 1B) is disposed over a portion of the facemask 100 that covers a person's chin 508 thereby providing an unobstructed view of the person's mouth 504. In the present embodiment, the breather port filter 110 is anchored to the face covering cup 101 via a breather port filter frame 125.” Column 4, Lines 35-60), which is coupled (“the breather port filter 110 is anchored to the face covering cup 101”) to the mask body (101) and made from a material (“filter material, such as that used in the breather port filter 110, felt, or some other air permeable material allowing passive breathing” Column 7, Lines 40-55) through which air can be ventilated, wherein the mask body (101) is formed in a region adapted/configured to correspond to the nose and mouth of the user (as best shown in Figure 1G, “cover both a human mouth 504 and human nostrils 502” Column 4, Lines 25-60).
As to Claim 4, Salvino discloses an elastic member (105, “In this embodiment, a filter gasket 105 is disposed along the cup periphery 102 (shown in FIG. 1B). The facemask 100 is held on a person's face 515 thereby compressing the filter gasket 105 against the face 515 by way of an elastic strap 116 that is connected to a pair of head strap attachment anchors 115.” Column 4, Lines 45-65) disposed on an inner surface of an area which is not coupled to the filter unit (110) in peripheral parts of the mask body (101).
As to Claim 6, Salvino discloses the elastic member (105) is formed so as to be in close contact with the user’s face (“compressing the filter gasket 105 against the face 515”), and the mask body (101) is formed so as to be spaced apart from the user’s face. As best seen in Figure 1B, the elastic member (105) provides an intermediary component which spaces the face (515) of the user’s face from the mask body (101), thus meeting the limitations of the claims.
As to Claim 7, Salvino discloses a moisture absorber (“To help preserve a clear view of the person's face 515 (when viewed by an onlooker 438), certain embodiments contemplate an anti-fog coating on the facemask interior surface 776 (as shown in FIG. 11F).” Column 15, Lines 25-40) is coated (“coating”) on an inner surface of the mask body (560).
Should Applicant respectfully disagree with the assertion of Salvino having “moisture absorber” properties via the “anti-fog coating”, Primary Examiner presents Rice et al. (2005/0036100), published over fifteen (15) years prior to the effective filing date of this instant application which clearly states “One known solution to fogging of paintball goggles is to provide an anti-fog moisture-absorbing coating on the inner surface of a single lens.” (Para 0006) was known well-known, routine, and conventional practice in the art to prevent fogging. Thus, the scope of “moisture absorber” is an intrinsic effect of an “anti-fog coating”.
As to Claim 8, Salvino discloses the filter unit (110) is formed so as to be detachable (best seen Figure 1B) from the mask body (101).
As to Claim 9, Salvino discloses a fixing unit (116, “The facemask 100 is held on a person's face 515 thereby compressing the filter gasket 105 against the face 515 by way of an elastic strap 116 that is connected to a pair of head strap attachment anchors 115.” Column 4, Lines 45-65) coupled to the mask body (101) configured /adapted so as to fix the mask (Figure 1B and 1G) to the user’s face.
Claims 1, 4, 6, 7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Carlson (5,561,863).
As to Claim 1, Carlson discloses a mask (Figure 1A) adapted/configured to be worn a user’s face, comprising: a mask body (14a, “Referring now to FIG. 1A, a see-through portion 14a of the face mask 10a, illustrated in cross-section, may be formed form a plurality of spaced apart materials and particularly a pair of spaced apart films and more particularly a pair of spaced apart plastic sheets or plexiglass, such as an outer film 15a and an inner film 15b.” Column 3, Lines 55-70) made from a first transparent material (“plastic sheets or plexiglass”); and a filter unit (12, “The porous portion 12 may be formed from filtration materials which may be rigid, pre-molded, or flexible. In one embodiment, the porous portion 12 may be formed from a flexible fabric laminate of layers of a nonwoven material.” Column 2, Lines 45-65), which is coupled (via 18, “Additionally, a formable structure 18 may be incorporated at or adjacent to the intersection of the porous portion 12 and the see-through portion 14.” Column 3, Lines 40-50) to the mask body (12a) and made from a material (“formed from filtration materials”) through which air can be ventilated, wherein the mask body (14a) is formed in a region adapted/configured to correspond to the nose and mouth of the user (as shown in Figure 1A, “The see-through portion 14a is of sufficient size and is secured to the porous portion 12 so as to permit viewing of at least a portion of at least one and desirably both of the wearer's lips. The porous portion 12 is positioned below the wearer's mouth and generally captures the wearer's chin.” Column 4, Lines 5-20).
As to Claim 4, Carlson discloses an elastic member (16a, “The formable sealing structures 16 a-d are secured to the respective edge portions of the porous portion 12 and the see-through portion 14. The structures 16 a-d may be formed from a variety of materials and material combinations which can be physically deformed so as to conform to the surface contours of the wearer's face. These materials include, but are not limited to (i) elastic members overlaid by a material suitable for forming a substantially gas-tight seal between the mask and the wearer's face … ” Column 3, Lines 20-50) is disposed on an inner surface of an area which is not coupled to the filter unit (12) in peripheral parts of the mask body (14a).
As to Claim 6, Carlson discloses the elastic member (16a) is formed so as to be in close contact (as shown in Figure 1A) with the user’s face, and the mask body (14a) is formed so as to be spaced apart from the user’s face (as shown in Figure 1A).
As to Claim 7, Carlson discloses a moisture absorber (“a non-fogging or fog-resistant coating may be applied to such materials. Examples of suitable non-fogging or fog-resistant coatings include, but are not limited to, silicone coatings and floro-chemical coatings.” Column 3, Lines 10-25) is coated (“coating”) on an inner surface of the mask body (14a).
Should Applicant respectfully disagree with the assertion of Carlson having “moisture absorber” properties via the “a non-fogging or fog-resistant coating”, Primary Examiner presents Rice et al. (2005/0036100), published over fifteen (15) years prior to the effective filing date of this instant application which clearly states “One known solution to fogging of paintball goggles is to provide an anti-fog moisture-absorbing coating on the inner surface of a single lens.” (Para 0006) was known well-known, routine, and conventional practice in the art to prevent fogging. Thus, the scope of “moisture absorber” is an intrinsic effect of an “a non-fogging or fog-resistant coating”.
As to Claim 9, Carlson discloses a fixing unit (20a-20d, “Fasteners, such as ties 20 a-d, are provided to secure the face mask 10 to the head of the wearer. Suitable fasteners include ties 20 a-d or may include one-piece elastic strips (not shown) for encircling the wearer's head or ears.” Column 3, Lines 45-55) coupled to the mask body (14a) or the filter unit (12) configured /adapted so as to fix the mask (Figure 1A) to the user’s face.
As to Claim 10, Carlson discloses the inside of the first edge (12 at 18, “Additionally, a formable structure 18 may be incorporated at or adjacent to the intersection of the porous portion 12 and the see-through portion 14.” Column 3, Lines 40-50) of the filter unit (12), which is connected to the mask body (14a), is formed so as to be spaced apart (best seen Figure 1A) from the user’s face, and an inside of a second edge (12 at 16c, “Additionally, a formable structure 18 may be incorporated at or adjacent to the intersection of the porous portion 12 and the see-through portion 14. The formable the structure 18 may also be similar to and formed from materials used for forming the formable sealing structures 16 a-d.” Column 3, Lines 40-50) in the filter unit (12), which is not connected to the mask body (14a), is formed so as to come into contact with the user’s face 9as shown in Figure 1A).
Claims 1, 4, 6-9, 13, and 14 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Viles et al. (2022/0072345).
As to Claim 1, Viles discloses a mask (Figure 1B) adapted/configured to be worn on a user’s face, comprising: a mask body (12, “As shown in FIGS. 1A-1B, the face mask 10 may include the body 12, which may be transparent and made from silicone, a polymer material, and/or any other suitable material which may maintain a seal with a face of the wearer of the mask as the face of the wearer moves. The transparent material of the body 12 may be configured to cover a nose and mouth when disposed on a wearer, and may prevent fogging.” Para 0026) made from a first transparent material (“made from silicone, a polymer material, and/or any other suitable material”); and a filter unit (16/22, “Filters 16, 22 may be replaceable. The filters 16, 22 may provide similar filtration and/or protection as a N95, P95, and/or R95 mask or respirator. In some implementations, filters 16, 22 may be charcoal-based filters. The face mask 10 and filters 16, 22 may protect the wearer from airborne particles and/or from liquid contaminating the face. ” Para 0027), which is coupled (via 14/18/20/24 – “Filter 16 may be disposed between outside filter cover 14 and inside filter cover 18. The assembly of filter covers 14, 18 and filter 16 may be disposed on the body 12 of the face mask 10 in opening 8. Similarly, filter 22 may be disposed between outside filter cover 20 and inside filter cover 24. The assembly of the filter covers 20, 24 and filter 22 may be disposed on the body 12, and/or may be press fit to the body 12 in opening 9.” Para 0027) to the mask body (12) and made from a material (“charcoal-based filters … protect the wearer from airborne particles”) through which air can be ventilated, wherein the mask body (12) is formed in a region adapted/configured to correspond to the nose and mouth of the user (“The transparent material of the body 12 may be configured to cover a nose and mouth when disposed on a wearer, and may prevent fogging.” Para 0026).
As to Claim 4, Viles discloses an elastic member (13, “Seal 13, as shown in FIGS. 2B, 5A, and 5B may be used to seal the face mask 10 to the face of the wearer. In particular, seal 13 may maintain a seal around the mouth and/or nose of the wearer.” Para 0033) is disposed on an inner surface of an area which is not coupled to the filter unit (16/22) in peripheral parts of the mask body (12).
As to Claim 6, Viles discloses the elastic member (13) is formed so as to be in close contact with the user’s face (“seal 13 may maintain a seal around the mouth and/or nose of the wearer”), and the mask body (12) is formed so as to be spaced apart (“used to seal the face mask 10 to the face of the wearer”) from the user’s face.
As to Claim 7, Viles discloses a moisture absorber (“The face mask may include a transparent and/or clear portion, which may be made of a material (e.g., silicone or the like) and/or be coated to prevent fogging while covering the mouth of a wearer.” Para 0016) is coated (“coated”) on an inner surface of the mask body (12).
Should Applicant respectfully disagree with the assertion of Viles having “moisture absorber” properties via the “coated to prevent fogging”, Primary Examiner presents Rice et al. (2005/0036100), published over fifteen (15) years prior to the effective filing date of this instant application which clearly states “One known solution to fogging of paintball goggles is to provide an anti-fog moisture-absorbing coating on the inner surface of a single lens.” (Para 0006) was known well-known, routine, and conventional practice in the art to prevent fogging. Thus, the scope of “moisture absorber” is an intrinsic effect of an “coated to prevent fogging”.
As to Claim 8, Viles discloses the filter unit (16/22) is formed to be detachable (as shown in Figure 1B and “Filters 16, 22 may be replaceable.”) from the mask body (12).
As to Claim 9, Viles discloses a fixing unit (32/34, “Strap 32 may include tabs 33, and strap 34 map include tabs 35. The tabs 33, 35 may be used to adjust the length of the straps 32, 34 when the straps 32, 34 are positioned within eyelets 37 (e.g., shown in FIGS. 1B, 2B, 4A-4B, and 5B). The length of straps 32, 34 may be adjusted using tabs 33, 35 so that the face mask 10 may fit the face of the wearer and/or maintain a seal against the face of the wearer.” Para 0032) coupled to the mask body (12) so as to fix the mask to the user’s face.
As to Claim 13, Viles discloses a microphone (114, “In one implementation, the module 100, 101 may include a display 106, as shown in FIG. 7C. FIG. 7D shows one or more components that may be included within the module 100, 101, such as fan 108, controller 110, communications interface 112, microphone 114, power source 116, speaker 118, and/or memory 120 as described below.” Para 0043), which is disposed on the mask body (12) and receives a voice of the user; a control unit (by the cooperative action of 110 and 112, “In one implementation, the module 100, 101 may include a display 106, as shown in FIG. 7C. FIG. 7D shows one or more components that may be included within the module 100, 101, such as fan 108, controller 110, communications interface 112, microphone 114, power source 116, speaker 118, and/or memory 120 as described below.” Para 0043) for converting the user’s voice acquired by the microphone (114) into text (“The microphone 114 may convert voice to a signal that may be transmitted via the communications interface 112.” Para 0053; also see: “The microphone 114, controller 110, and communications interface 112 may transmit a wearer's commands and/or speech to a server (e.g., server 220 shown in FIG. 8) or mobile device (e.g., mobile device 202 shown in FIG. 8) which may perform a language translation, where the translated voice may be output as text on the display 106 and/or by the light emitting devices 102.” Para 0054); and a display (106, “The microphone 114, controller 110, and communications interface 112 may transmit a wearer's commands and/or speech to a server (e.g., server 220 shown in FIG. 8) or mobile device (e.g., mobile device 202 shown in FIG. 8) which may perform a language translation, where the translated voice may be output as text on the display 106 and/or by the light emitting devices 102.” Para 0054) for outputting the text converted by the control unit (by the cooperative action of 110 and 112).
As to Claim 14, Viles discloses the control unit (by the cooperative action of 110 and 112) translates voice of a first language inputted through the microphone (114) into text of a second language and outputs the text of the second language to the display (106). As expressly stated in Para 0060, “In some implementations, the controller 110 may receive a first signal from the microphone 114 based on a received voice in a first language, may translate the first language of the first signal to a second language, may generate a second signal, and may output the generated second signal to the speaker 118, the display 106, the plurality of light emitting devices 102, and/or the communications interface 112. That is, the generated second signal may be used to output one or more words that correspond with the words in the first signal to be output at the display 104 or the light emitting device 102, but in a different language. Alternatively, the generated second signal may be used to output sound from the speaker 118 that corresponds to the words of the first signal, but in a different language.” Additionally, in Para 0061, Viles expressly states “The controller 110 may receive a first signal from the microphone 114 based on a received voice in a first language, may transmit the first signal via the communications interface 112, may receive a second signal that is a translation of the first language into a second language (e.g., via communications network 210, where server 220 may translate the first language to the second language), and may output the second signal to the speaker 118, the display 106, and/or the plurality of light emitting devices 102. For example, the first signal may be transmitted via the communications interface 112 over a wireless communication link to mobile device 202 and/or server 220 shown in FIG. 8, which may translate the first signal from a first language to a second language. The mobile device 202 and/or server 220 may generate a second signal that may include the translation, and may transmit the second signal to the communications interface 112 of the module 100, 101. The controller 110 may output the first signal and/or the second signal to the speaker 118, the display 106, and/or the plurality of light emitting devices 102. In some implementations, the first signal may be output by the speaker 118, the display 106, and/or the plurality of light emitting devices 102 of the first module 100, and the second signal may be output by the speaker 118, the display 106, and/or the plurality of light emitting devices 102 of the second module 101.”
Claims 1, 9, and 10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bostock et al. (2004/0237964).
As to Claim 1, Bostock discloses a mask (Figure 8) adapted/configured to be worn on a user’s face, comprising: a mask body (52, “In FIG. 8, respiratory device 50 is shown in front view in its ready-for-use unfolded configuration with first member 54 bonded to central portion 52 at bond 55 and second member 56 bonded to central portion 52 at bond 57. When the respiratory device is formed of multiple layers of material, the perimeter edges of first member 54 and second member 56 are also preferably bonded. FIG. 8 further shows a nose clip 60 on first member 54 and a protrusion 62 on central portion 52, with a comparable mating protrusion on first member 54 (not shown) Nose clip 60 provides improved fit and protrusion 62 with its sister protrusion on first member 54 provides improved comfort and fit. In some cases, an improvement in fit can be obtained by folding the outer edge of first member 54 inwards, i.e., towards the face of a wearer. Nose clip 60, if present, can be located inside the fold.” Para 0049; also see: “The central portion may be formed of a transparent material so that lip movement by the wearer can be observed.” Para 0060) made from a first transparent material (“transparent material”); and a filter unit (54/56, “In FIG. 8, respiratory device 50 is shown in front view in its ready-for-use unfolded configuration with first member 54 bonded to central portion 52 at bond 55 and second member 56 bonded to central portion 52 at bond 57.” Para 0049; also see: “at least one of the central portion and first and second members being formed from filter media” Para 0013; “The filter media which comprises at least one of the first member, central portion and second member may be a nonwoven fabric such as one formed from microfibers or may be of several layers, each layer having similar or dissimilar filtering properties. The filter media may, of course, also comprise any two or all of the first member, central portion and second member as well as the additional portions.” Para 0015; “ The filter media or material useful in the present invention which must comprise at least one of the central portion, first member or second member may be comprised of a number of woven and nonwoven materials, a single or a plurality of layers, with or without an inner or outer cover or scrim, and with or without a stiffening means.” Para 0054; “At least one of the central portion, first member and second member of a respiratory device of the present invention must comprise filter media. Preferably at least two of the central portion, first member and second member comprise filter media and all of the central portion, first member and second member may comprise filter media. The portion(s) not formed of filter media may be formed of a variety of materials. The first member may be formed, for example, from a material which provides a moisture barrier to prevent fogging of a wearer's glasses. The central portion may be formed of a transparent material so that lip movement by the wearer can be observed.” Para 0060), which is coupled (“In FIG. 8, respiratory device 50 is shown in front view in its ready-for-use unfolded configuration with first member 54 bonded to central portion 52 at bond 55 and second member 56 bonded to central portion 52 at bond 57.” Para 0049) to the mask body (52), and made from a filter material (“filter media”) through which air can be ventilated, wherein the mask body (52) is formed in a region adapted/configured to correspond to the nose and mouth of the user.
By virtue of Bostock having the mask body (52) made from a first transparent material “so that lip movement by the wearer can be observed” and the orientation of the filter unit (54/56) being bonded to the mask body (52), whereby the one (54) of the filter unit (54/56) includes a nose clip (60, “FIG. 8 further shows a nose clip 60 on first member 54 and a protrusion 62 on central portion 52, with a comparable mating protrusion on first member 54 (not shown) Nose clip 60 provides improved fit and protrusion 62 with its sister protrusion on first member 54 provides improved comfort and fit. In some cases, an improvement in fit can be obtained by folding the outer edge of first member 54 inwards, i.e., towards the face of a wearer. Nose clip 60, if present, can be located inside the fold.” Para 0049 also see: “A nose clip useful in the respiratory device of the present invention may be made of, for example, a pliable dead-soft band of metal such as aluminum or plastic coated wire and can be shaped to fit the device comfortably to a wearer's face. Particularly preferred is a non-linear nose clip configured to extend over the bridge of the wearer's nose having inflections disposed along the clip section to afford wings that assist in providing a snug fit of the mask in the nose and cheek area as shown in FIG. 12.” Para 0067), the resultant effect would be at least a portion of the nose and mouth would be viewable through the mask body (52) from a general anatomical feature of a user.
As to Claim 9, Bostock discloses a fixing unit (59, “Also shown are attachment means 58, 58' for attaching, for example, a head band 59 to hold the respiratory device in place on a wearer's face.” Para 0049) coupled (via 58/58’) to the mask body (52) so as to fix the mask to the user’s face.
As to Claim 10, Bostock discloses an inside of a first edge (54 at 55, “In FIG. 8, respiratory device 50 is shown in front view in its ready-for-use unfolded configuration with first member 54 bonded to central portion 52 at bond 55 and second member 56 bonded to central portion 52 at bond 57.” Para 0049) in the filter unit (54/56), which is connected to the mask body (52) is formed so as to be spaced apart from the user’s face, and an inside of a second edge (54 proximate 60, “FIG. 8 further shows a nose clip 60 on first member 54 and a protrusion 62 on central portion 52, with a comparable mating protrusion on first member 54 (not shown) ...” Para 0049) in the filter unit (54/56), which is not connected to the mask body (52) is formed so as to come in contact with the user’s face (at nasal bridge).
Primary Examiner notes an additional analysis includes an inside of a first edge (56 at 57, “In FIG. 8, respiratory device 50 is shown in front view in its ready-for-use unfolded configuration with first member 54 bonded to central portion 52 at bond 55 and second member 56 bonded to central portion 52 at bond 57.” Para 0049) in the filter unit (54/56), which is connected to the mask body (52) is formed so as to be spaced apart from the user’s face, and an inside of a second edge (56 proximate the chin – “In such respiratory devices as 50 and 50', the outer boundary of the unjoined edges which contact the nose, cheeks and chin of the wearer in the open configuration shown in FIGS. 8 and 9 are less than the perimeter of the device in the flat folded storage state.” Para 0049) in the filter unit (54/56), which is not connected to the mask body (52) is formed so as to come in contact with the user’s face (at the chin of the user).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Carlson (5,561,863) in view of Ho (7,640,933).
As to Claim 5, Carlson discloses an elastic member (16a, “The formable sealing structures 16 a-d are secured to the respective edge portions of the porous portion 12 and the see-through portion 14. The structures 16 a-d may be formed from a variety of materials and material combinations which can be physically deformed so as to conform to the surface contours of the wearer's face. These materials include, but are not limited to (i) elastic members overlaid by a material suitable for forming a substantially gas-tight seal between the mask and the wearer's face … ” Column 3, Lines 20-50) adapted/configured to create a seal between the mask body and the user’s face; yet, does not expressly disclose the material composition of the elastic member “wherein the elastic member is formed of a second transparent material different from the first transparent material.”
Ho teaches an alternative mask (Figure 1) including an elastic member (38, “Seal 38 includes a second end portion 60 for sealing engagement with a face of a patient.” Column 4, Lines 50-70) suitable for imparting a seal between the mask body and the face of the user, wherein the seal (38) is constructed of a transparent elastic material (“For example, it is generally desirable to provide a clear silicone seal that is highly transparent due to the surface being polished, i.e., non-textured. Such as seal is generally transparent or opaque so that the seal has an overall "transparent look". This "transparent look" for the seal causes the seal to be perceived as being small and light-weight, which is more aesthetically pleasing that a heavy-looking seal.” Column 5, Lines 15-35) in order to provide a “seal to be perceived as being small and light-weight, which is more aesthetically pleasing”.
Returning to the limitations of the claims, as Carlson’s mask body (14a) is described to be made of a first transparent material (“plastic sheets or plexiglass” Column 3, Lines 55-70), the material of Ho being made of second transparent material (“clear silicone seal” Column 5, Lines 15-35) is a different material and thus meets the limitations of the claims.
Therefore, it would have been obvious to modify the elastic member of Carlson to include the use of a clear silicone seal as taught by Ho to be a known material construction suitable for providing sealing engagement between the mask body and the face of the user.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Viles et al. (2022/0072345) in view of Chou et al. (7,468,031).
As to Claim 15, Viles discloses a display (106); yet, does not expressly disclose “the display is a transparent display”.
Chou teaches a display in the form of a transparent display (“the transparent display unit is used for displaying the aforementioned physiological information in a form of image, figure or word.” Column 2, Lines 20-50) for conveying information to the user in word/text form as a means of conveying information to all viewers, including patient, healthcare professionals, and patient’s family, who may be oriented at different viewing angular directions / locations within the room (Column 1, Lines 45-65 and Abstract).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the general display of Viles to be a transparent display as taught by Chou to be a known specific type of display suitable for conveying information to all viewers, including patient, healthcare professionals, and patient’s family within the room.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bostock et al. (2004/0237964) in view of Reese et al. (5,699,792).
As to Claim 11, Bostock discloses a filter unit (54/56), including a first filter part (54) including an adjusting member (60, “FIG. 8 further shows a nose clip 60 on first member 54 and a protrusion 62 on central portion 52, with a comparable mating protrusion on first member 54 (not shown) Nose clip 60 provides improved fit and protrusion 62 with its sister protrusion on first member 54 provides improved comfort and fit. In some cases, an improvement in fit can be obtained by folding the outer edge of first member 54 inwards, i.e., towards the face of a wearer. Nose clip 60, if present, can be located inside the fold.” Para 0049 also see: “A nose clip useful in the respiratory device of the present invention may be made of, for example, a pliable dead-soft band of metal such as aluminum or plastic coated wire and can be shaped to fit the device comfortably to a wearer's face. Particularly preferred is a non-linear nose clip configured to extend over the bridge of the wearer's nose having inflections disposed along the clip section to afford wings that assist in providing a snug fit of the mask in the nose and cheek area as shown in FIG. 12.” Para 0067) for allowing an upper portion (54) of the filter unit (54/56) to come in contact with the shape of the upper portion of the user’s nose (at the nasal bridge), and a second filter part (56) that is provided with a seating part (at the apex cupped region for receiving the chin) for seating the chin of the user (56 proximate the chin – “In such respiratory devices as 50 and 50', the outer boundary of the unjoined edges which contact the nose, cheeks and chin of the wearer in the open configuration shown in FIGS. 8 and 9 are less than the perimeter of the device in the flat folded storage state.” Para 0049) on a lower portion (56) of the filter unit (54/56).
Yet, does not expressly disclose the filter unit additional including “a third filter part and a fourth filter part respectively coupled to upper and lower portions and one side and the other side of the mask body, the first filter part to the fourth filter part are integrally formed.”
Reese teaches an additional mask (Figures 1 and 2A) including an additional filter unit structure in the form of a third filter part (one of 30/32, “As best shown in FIGS. 1, 2A, 2B and 2C, mask 12 includes filter body 28 with flaps 30 and 32 extending respectively from each side of filter body 28.” Column 4, Lines 25-35) and a fourth filter part (other of 30/32, “As best shown in FIGS. 1, 2A, 2B and 2C, mask 12 includes filter body 28 with flaps 30 and 32 extending respectively from each side of filter body 28.” Column 4, Lines 25-35), wherein the third filter part (one of 30/32) and the fourth filter part (other of 30/32) are constructed of “For other applications, a breathable type film may be used to form flaps 30 and 32.” Column 4, Lines 45-55; also see: “Flaps 30 and 32 allow a wide variety of options in selecting material with the desired breathability and fluid resistance for filter body 28.” Column 5, Lines 25-40) positioned lateral to the mask body configured for “providing a comfortable fit during long periods of wear.” (Column 4, Lines 45-55; also see: “Top edge 44, bottom edge 46 and flaps 30 and 32 cooperate with each other to define the periphery of mask 12 which contacts the face of wearer 14. Flaps 30 and 32 substantially increase the area of contact with the face of wearer 14 as compared to a face mask having only lateral sides 50 and 52 in contact with the face of wearer 14.” Column 7, Lines 1-15), as “It is extremely difficult to construct a mask that will fit the facial configuration of all wearers without constructing the mask specifically for each individual face. The use of flaps 30 and 32 in combination with ear loops 16 and 18 greatly increases the different sizes and types of faces which can be effectively protected by mask 12. Forming ear loops 16 and 18 along with flaps 30 and 32 from suitable resilient or stretchable material further improves facial fit with a large number of wearers.” Column 4, Line 60 thru Column 5, Line 10).
The resultant effect of the configuration as taught by Reese is the ability to better conform the mask to the facial feature of the patient by providing lateral extensions beyond the main mask body.
Returning to the limitations of the claims, the modification of Bostock in view of Reese would be the configuration by which the third filter part (one of 30/32) and the fourth filter part (other of 30/32) of Reese would be imparted at the lateral perimeters of Bostock intermediate the fixing unit (59, “Also shown are attachment means 58, 58' for attaching, for example, a head band 59 to hold the respiratory device in place on a wearer's face.” Para 0049) of Bostock, so as to provide additional confirmability of the modified Bostock to “greatly increases the different sizes and types of faces which can be effectively protected by mask” by the “Flaps 30 and 32 substantially increase the area of contact with the face of wearer” as taught by Reese.
In this modification, the claimed configuration of “a third filter part and a fourth filter part respectively coupled to upper and lower portions and one side and the other side of the mask body, the first filter part to the fourth filter part are integrally formed” would be achieved as the first filter part (54) of Bostock would be bonded to the fourth filter part (other of 30/32) of Reese to provide an intermediate structure increasing points of contact before the fixing unit attached to secure the mask to the face of the user, and the third filter part (one of 30/32) and the fourth filter part (other of 30/32) of Reese would be coupled each of the first filter part (54) and the second filter part (56) of Bostock, at respective upper and lower portions of the filter unit, to achieve the intermediate structure increasing points of contact before the fixing unit attached to secure the mask to the face of the user – laterally extending each of the third filter part (one of 30/32) and the fourth filter part (other of 30/32) of Reese on opposite sides of the central mask body (52) of Bostock.
This proposed modification would be obvious to try choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, whereby success would be defined by the ability of the mask to better conform to the varying demographics of patients to ensure a secure fitment of the mask through additional points of contact of the mask to the face of the user.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the filter unit of Bostock having a first filter part and a second filter part to additionally include a third filter part and a fourth filter part, as taught by Reese to “greatly increases the different sizes and types of faces which can be effectively protected by mask” by the “Flaps 30 and 32 substantially increase the area of contact with the face of wearer”.
As to Claim 12, the modified Bostock, specifically Bostock includes the configuration where by the areas adjacent the mask body (52) in the third filter part (one of 30/32) and the fourth filter part (other of 30/32) of Reese, as laterally extending from the central mask body (52) of Bostock, would be formed to be spaced apart form the user’s face when the user wears the mask. By the configuration of the modified Bostock, Bostock discloses the orientation where by central mask body (52) is oriented anteriorly towards the ambient environment, with the first and second filter parts (54/56) of Bostock oriented posteriorly towards the patient. Consequently, the claimed orientation whereby “areas adjacent to the mask body in the third filter part and the fourth filter part are formed to be spaced apart from the user's face, when the user wears the mask” would be achieved as the third filter part (one of 30/32) and the fourth filter part (other of 30/32) of Reese would be oriented parallel to the first and second filter parts (54/56) of Bostock oriented posteriorly towards the patient, in contrast to the central mask body (52) is oriented anteriorly towards the ambient environment. Thus, resulting in the bonded/connection region of the central mask body (52) being spaced apart /offset from the user’s face when the user wears the mask.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fisichella (4,323,063); Hahne (7,802,572), and Samaniego (2011/0108035) each disclose a mask having a transparent mask body suitable for viewing the nose and mouth of the user, and further including a filter unit attached thereto to filter air particulates.
Reese et al. (11,751,618) discloses a mask having a transparent mask body suitable for viewing only the lips of the user, as shown in Figure 1, and further including a filter unit attached thereto to filter air particulates.
Conner (11,383,107 and 11,465,001) each disclose a mask having a transparent mask body suitable for viewing the nose and mouth of the user, and further including a filter unit attached thereto to filter air particulates. Primary Examiner notes these references require provisional date disclosures which are close to the effective filing date of this instant application.
The following IS NOT prior art BUT is considered pertinent to applicant's disclosure.
Bergman et al. (2022/0279874) and Brick et al. (11,911,637) each disclose a mask having a transparent mask body suitable for viewing the nose and mouth of the user, and further including a filter unit attached thereto to filter air particulates.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785