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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/15/2026 has been entered.
Response to Amendment
The amendment filed 04/15/2026 has been entered. Claims 1-17 remain pending in the application, with claims 21-23 newly added. Applicant’s amendments to the claims have overcome the 112(b) rejection previously set forth in the Final Office Action mailed 12/15/2025.
Response to Arguments
Applicant's arguments filed 04/15/2026 have been fully considered. Applicant’s arguments with respect to independent claims 1 and 17, and newly added independent claim 21, have been considered but are moot because the new ground of rejection does not rely exclusively upon the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please see below for the updated 103 rejection below over Adams in view of Guggenheim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitations in this application use the nonce term “element” in the claims, but are not being interpreted under 112(f) because they have sufficient structure to perform the recited function. Such claim limitations are:
“Center wall element” of claims 1 and 17
“Periphery wall element” of claims 1 and 17
“Cover element” of claims 1 and 17
“Tube element” of claims 1 and 17
“Filter media element” of claim 2
“Seal film element” of claim 9
“Release film element” of claim 10
“Near field communication element” of claim 15
Because these claim limitations are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitations do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 15-17, and 21-23 are rejected under 35 U.S.C. 103 as unpatentable over Adams (US 2022/0054867 A1), hereafter Adams, in view of Guggenheim (CH 709702 A2), hereafter Guggenheim. A machine translation of Guggenheim is relied upon to address claims.
Regarding Claim 1, Adams discloses a filtration component (fig. 26A, filter cartridges 2630A, 2640A [0307]) for a respiratory protective device (fig. 26A, face covering 2600A [0307]), the filtration component comprising: a filter body (fig. 26E, see annotated fig. and [0307]) comprising a center wall element (annotated fig. 27E [0307] lines 20-22) and a periphery wall element (see annotated fig. 26E [0307] lines 7-11), and a dispersing container (see annotated fig. 26E; dispersing element container includes the assembly of the tube element and the cover; dispensing system contains an aromatic substance [0307]) comprising a tube element (see annotated fig. 26 [0307]) fastened to a cover element (see annotated fig. 26E [0307]), wherein the tube element further comprises a tube head and a tube body (see annotated fig. 26E), wherein the cover element includes a cover head (see annotated fig. 26E, the cover body is a cover head), wherein the tube element is positioned at a distal end of the center wall element (see annotated fig. 26, the tube element is positioned in the center of the cartridge [0307]), wherein the cover element is positioned at a proximal end of the center wall element (see annotated fig. 26 [0307]), wherein the proximal end of the center wall element is opposite to the distal end of the center wall element (see annotated fig. 26 [0307]), wherein the tube head seals a distal end of the tube body ([0307] since the tube body and the tube head are described in [0307] to contain substances such as aromatic substances, medicinal substances, etc., or water for humidifying, it is reasonable to understand that the tube body is sealed and that the tube head seals to the tube body to prevent unintended leakage of the contained substance) and wherein the tube body is received within the center wall element (fig. 26E shows an exploded assembly view with the tube body is positioned to be inserted in the center of the opening and covered by the cover head as a components of the filter cartridge assembly [0307]).
PNG
media_image1.png
507
783
media_image1.png
Greyscale
However, Adams is silent on a cover body, and wherein the cover body is fastened to a proximal end of the tube body; and wherein the cover head seals a proximal end of the cover body, and wherein the tube body is received within the center wall element, wherein an outer surface of the cover body and an inner surface of the cover head are in contact with the proximal end of the center wall element. Instead, Adams shows the cover element as only a flat cover head with no cover body element.
Guggenheim teaches a cylindrical fragrance container (fig. 3, page 1 “This is achieved” para.) that is inserted into an external device (fig. 6, 13, page 2, third para.), the container having a tube (fig. 5, 2, page 2, fourth para.), a cover (fig. 6, 8’, page 2, fourth para.), a cover body (fig. 6, 2b, page 3, third full para.), wherein the cover body is fastened to a proximal end of the tube body (fig. 6, cover body 2b is fastened to tube body, page 3, third para.); and wherein the cover head seals a proximal end of the cover body (page 3, third full para.), and wherein the tube body is received within the center wall element (fig. 6 shows the tube and cover assembly inserted into a center wall), wherein an outer surface of the cover body and an inner surface of the cover head are in contact with the proximal end of the center wall element (fig. 6 shows this configuration).
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 shape of Adams’ container to be that taught by Guggenheim in order to be replaceably fixed in the interior of a container (Guggenheim, page 3, third para.).
PNG
media_image2.png
403
680
media_image2.png
Greyscale
Regarding Claim 2, Adams discloses a filtration component of claim 1, wherein a filter media element (see annotated fig. 26E, filter media [0307]) is secured between an inner surface of the periphery wall element and an outer surface of the center wall element (as seen in fig. 26E, the filter media is secured between the periphery wall and the center wall elements).
Regarding Claim 3, Adams discloses a filtration component of claim 1, wherein the cover body is received between the proximal end of the tube body and the proximal end of the center wall element (as modified in claim 1, it would have been obvious to dimension the cover body so that it fits within the center wall element to ensure that the cartridge assembly, when the tube and cover are installed, fits within the filter cartridge receptacle of the mask as seen in figs. 26A and 13 [0307]).
Regarding Claim 4, Adams as modified by Davis discloses a filtration component of claim 1, wherein a periphery portion of an inner surface of the tube head is in contact with the distal end of the center wall element (as shown in the exploded drawing of 26E, the tube head contacts the distal edge of the center wall since 26E is an embodiment of filter cartridges 2630A, 2640A that assemble into the mask as shown in fig. 26A, which corresponds to the embodiment of the mask shown in fig. 12 [0307], which is shown having a cover over the filter cartridge; in order to fit into the receptacle with a cover, the tube head and the tube cover are understood to contact the center wall in order to minimize the size and thus fit the cover as shown).
Regarding Claim 5, Adams discloses a filtration component of claim 3, wherein the center wall includes a distal edge at the distal end of the center wall (see annotated fig. 26E below) and a proximal edge at the proximal end of the center wall (the bottom side of the center wall, not visible), wherein the tube head contacts the distal edge of the center wall (as shown in the exploded drawing of 26E, the tube head contacts the distal edge of the center wall since 26E is an embodiment of filter cartridges 2630A, 2640A that assemble into the mask as shown in fig. 26A, which corresponds to the embodiment of the mask shown in fig. 12 [0307], which is shown having a cover over the filter cartridge; in order to fit into the receptacle with a cover, the tube head and the tube cover are understood to contact the center wall in order to minimize the size and thus fit the cover as shown), and wherein the cover head contacts the proximal edge of the center wall (as modified by Guggenheim fig. 6, the cover head contacts the proximal edge of the center wall; in the modified device, it would have been reasonable to adopt the same construction).
PNG
media_image3.png
421
519
media_image3.png
Greyscale
Regarding Claim 6, the modified Adams discloses a filtration component of claim 1, wherein the distal end of the cover body is secured to the proximal end of the tube body via at least one of an interference fit or an adhesive glue (as modified by Guggenheim fig. 6, 2b is latched onto tube body 2, page 3 third para.; this is understood to be an interference fit).
Regarding Claim 7, the modified Adams discloses a filtration component of claim 1, wherein an outer surface of the tube element includes a recess to receive the cover body (as modified by Guggenheim, fig. 6, shows this configuration; see annotated fig. below).
PNG
media_image4.png
377
554
media_image4.png
Greyscale
Regarding Claim 8, Adams discloses a filtration component of claim 1, wherein the cover head of the cover element defines a plurality of openings (Adams fig. 26E, the cover has a plurality of openings).
Regarding Claim 15, Adams discloses a filtration component of claim 1, further comprising: a near-field communication (NFC) element (fig. 17A, NFC tag 1710A [0282]) attached to an inner surface of the periphery wall element (fig. 17A, 1710A is attached to the bottom surface of the periphery wall element [0282]).
Regarding Claim 16, Adams discloses a filtration component of claim 1, wherein the periphery wall element comprises an arc portion (see annotated fig. 26E below, “arch-shaped” [0307]), a straight portion connected to the arc portion (see annotated fig. 26E below [0307]), and a handle portion protruding from an edge of the straight portion (see annotated fig. 26E below, “tap” [0307]).
PNG
media_image5.png
416
585
media_image5.png
Greyscale
Regarding Claim 17, Adams discloses a method for assembling a filtration component for a respiratory protective device (fig. 26E) comprising: disposing a tube element (see annotated fig. 26E [0307]) through a center wall element of a filter body (see annotated fig. 26E, [0307]), wherein a tube head of the tube element is in contact with a distal end of the center wall element (see annotated fig. 26E and [0307] when installed, the tube head contacts the center wall element at its distal end); disposing a dispersing container within a tube body of the tube element (fig. 26E [0307] an aromatic, odor cleansing and/or medicinal substance can be included in the dispensing system shown); and securing a cover element to the tube element (see annotated fig. 26E, [0307]), wherein an inner surface of the cover element is in contact with a proximal end of the center wall element (fig. 26E, when assembled, the cover element is secured to the end of the tube of the dispensing system at the proximal end of the center wall element), wherein the tube body is received within the center wall element fig. 26E shows an exploded assembly view with the tube body is positioned to be inserted in the center of the opening and covered by the cover head as a components of the filter cartridge assembly [0307]).
However, Adams does not disclose the cover element having a cover head (fig. 26E, the cover element is a flat component not having a distinct cover head) and a cover body, or whether the cover body is received within the center wall element, wherein an outer surface of the cover body and an inner surface of the cover head are in contact with the proximal end of the center wall element.
Guggenheim teaches a cylindrical fragrance container (fig. 3, page 1 “This is achieved” para.) that is inserted into an external device (fig. 6, 13, page 2, third para.), the container having a tube (fig. 5, 2, page 2, fourth para.), a cover (fig. 6, 8’, page 2, fourth para.), a cover body (fig. 6, 2b, page 3, third full para.), and wherein the tube body is received within the center wall element (fig. 6 shows the tube and cover assembly inserted into a center wall), wherein an outer surface of the cover body and an inner surface of the cover head are in contact with the proximal end of the center wall element (fig. 6 shows this configuration).
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 shape of Adams’ container to be that taught by Guggenheim in order to be replaceably fixed in the interior of a container (Guggenheim, page 3, third para.).
Regarding Claim 21, Adams discloses a filtration component (fig. 26A, filter cartridges 2630A, 2640A [0307]) for a respiratory protective device (fig. 26A, face covering 2600A [0307]), the filtration component comprising: a filter body (fig. 26E, see annotated fig. and [0307]) comprising a center wall element (annotated fig. 27E [0307] lines 20-22) and a periphery wall element (see annotated fig. 26E [0307] lines 7-11), and a dispersing container (see annotated fig. 26E; dispersing element container includes the assembly of the tube element and the cover; dispensing system contains an aromatic substance [0307]) comprising a tube element (see annotated fig. 26 [0307]) fastened to a cover element (see annotated fig. 26E [0307]), wherein the tube element further comprises a tube head and a tube body (see annotated fig. 26E), wherein the cover element includes a cover head (see annotated fig. 26E, the cover body is a cover head), wherein the tube element is positioned at a distal end of the center wall element (see annotated fig. 26, the tube element is positioned in the center of the cartridge [0307]), wherein the cover element is positioned at a proximal end of the center wall element (see annotated fig. 26 [0307]), wherein the proximal end of the center wall element is opposite to the distal end of the center wall element (see annotated fig. 26 [0307]), wherein the tube head seals a distal end of the tube body ([0307] since the tube body and the tube head are described in [0307] to contain substances such as aromatic substances, medicinal substances, etc., or water for humidifying, it is reasonable to understand that the tube body is sealed and that the tube head seals to the tube body to prevent unintended leakage of the contained substance) and wherein the tube body is received within the center wall element (fig. 26E shows an exploded assembly view with the tube body is positioned to be inserted in the center of the opening and covered by the cover head as a components of the filter cartridge assembly [0307]).
PNG
media_image1.png
507
783
media_image1.png
Greyscale
However, Adams is silent on a cover body, and wherein the cover body is fastened to a proximal end of the tube body; and wherein the cover head seals a proximal end of the cover body, and wherein an outer surface of the proximal end of the tube body includes a recess to receive the cover body. Instead, Adams shows the cover element as only a flat cover head with no cover body element.
Guggenheim teaches a cylindrical fragrance container (fig. 3, page 1 “This is achieved” para.) that is inserted into an external device (fig. 6, 13, page 2, third para.), the container having a tube (fig. 5, 2, page 2, fourth para.), a cover (fig. 6, 8’, page 2, fourth para.), a cover body (fig. 6, 2b, page 3, third full para.), wherein the cover body is fastened to a proximal end of the tube body (fig. 6, cover body 2b is fastened to tube body, page 3, third para.); and wherein the cover head seals a proximal end of the cover body (page 3, third full para.), and wherein the tube body is received within the center wall element (fig. 6 shows the tube and cover assembly inserted into a center wall), wherein an outer surface of the proximal end of the tube body includes a recess to receive the cover body (see annotated fig. 6; page 3, third para.).
PNG
media_image6.png
403
695
media_image6.png
Greyscale
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 shape of Adams’ container to be that taught by Guggenheim in order to be replaceably fixed in the interior of a container (Guggenheim, page 3, third para.).
Regarding Claim 22, Adams as modified discloses a filtration component of claim 21, wherein the outer surface of the proximal end of the tube body has a first diameter at the recess (see annotated fig. 6 below, since the tube element and cover element have been modified by Guggenheim) and the outer surface of the distal end of the tube body has a second diameter greater than the first diameter (see annotated fig. 6 below, the second diameter is greater than the first diameter, since the tube body is recessed at the proximal end to receive the cover body 2b).
PNG
media_image7.png
439
587
media_image7.png
Greyscale
Regarding Claim 23, Adams as modified discloses a filtration component of claim 21, wherein an outer surface of the cover body and an inner surface of the cover head are in contact with the proximal end of the center wall element (as modified by Guggenheim fig. 6, both the outer surface of the cover body and an inner surface of the cover head, interpreted to be the upper surface of 8’, are in contact with the analogous center wall element; which, in the modified device, the assembly of the cover and the tube would be inserted into the center wall element of Adams the same way shown in Guggenheim fig. 6).
Claims 9-11 and 13-14 are rejected under 35 U.S.C. 130 as unpatentable over Adams and Guggenheim, further in view of Davis (US 4753389 A), hereafter Davis.
Regarding Claim 9, the modified Adams discloses a filtration component of claim 8, but is silent on further comprising: a seal film element attached to an outer surface of the cover head of the cover element, wherein the seal film element covers the plurality of openings.
Davis, however, teaches a fragrance container (abstract) having a seal film element (fig. 5, hermetic seal 19, col. 4 line 41) attached to an outer surface of a cover head (fig. 5, cover head being the float top surface of 18) of the cover element, wherein the seal film element covers the plurality of openings (in Davis, 19 seals apertures 18a, col. 4 lines 40-43).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a seal film element on the outer surface of the cover head in Adams’ device, as taught by Davis, in order to hermetically seal the openings from releasing the vapor during shipping and storage (Davis, col. 4 lines 36-39).
Regarding Claim 10, the modified Adams discloses a filtration component of claim 9, but is silent on wherein the dispersing container further comprises: a release film element secured to the inner surface of the cover head of the cover element.
However, Davis teaches a release film element (fig. 5, permeable barrier 16, col. 4 line 33) secured to the inner surface of the cover head of the cover element (fig. 5, col. 6 lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a release film secured to the inner surface of Adams’ cover head as taught by Davis in order to provide a means of controlled means of dispersion of the vapors over a measured period of time (Davis, col. 2 lines 37-58).
Regarding Claim 11, the modified Adams discloses a filtration component of claim 10, wherein the release film element comprises microporous material (as modified by Davis, porous barrier material 16 is permeable only to vapors at a specified rate, i.e. is microporous, col. 5 lines 62-68).
Regarding Claim 13, the modified Adams discloses a filtration component of claim 10, further comprising: a dispersing element disposed within an inner surface of the tube body of the tube element (Adams [0307] a substance is disposed with in dispensing system of Fig. 26E) and between the release film element and the tube head of the tube element (as modified, the release film element is disposed at the inner surface of the cover head shown in Adams’ fig. 26E, thus the dispersing element is contained between the tube head and the release film element).
Regarding Claim 14, the modified Adams discloses a filtration component of claim 13, wherein the dispersing element comprises fragrance material (Adams [0307]; Guggenheim page 1, “The object of the invention” para.; Davis col. 4 line 29).
Claim 12 is rejected under 35 U.S.C. 103 as unpatentable over Adams, Guggenheim, and Davis, further in view of Gruenbacher et al. (US 2007/023189 A1), hereafter Gruenbacher.
Regarding Claim 12, the modified Adams discloses a filtration component of claim 11, but is silent on the material of the microporous release film.
Gruenbacher teaches the user of polytetrafluoroethylene (PTFE) as a microporous material as a suitable material choice for a semi-permeable membrane for releasing volatile active substances ([0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the microporous release film in the modified Adams device from PTFE as taught by Gruenbacher, as it is a known material in the art for being semi-permeable to release a volatile active liquid which permits vapor to pass without allowing significant liquid leakage (Gruenbacher [0088]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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, Brandy S. Lee can be reached at (571) 270-7410. 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.
/SARA K TOICH/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights