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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 18, 2026 has been fully considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species 3 and cancellation of Claim 12 in the reply filed on May 18, 2026 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: compression ring 600.
The drawings are also objected to under 37 CFR 1.83(a) because they fail to show Figure 3C as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 26 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26 recites the limitation “replaceable seal” on Page 5 of the Claims. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner has interpreted “replaceable seal” to be understood as the “replaceable filter” cited in the other claim limitation.
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 1-2, 4-11, 13, 17-18, and 20-29 are rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Castiglione et al. (US 9700743 B2, hereinafter "Cast").
Regarding Claim 1, Moran discloses: A reusable face mask (Abstract, A mask assembly includes a mask configured to cover a mouth and nasal passage of the user, a valve coupled to the mask and configured to direct air out of the mask assembly, and a strap coupled to the mask. The mask assembly additionally includes a module removably coupled to the mask and configured to direct air into the mask assembly) comprising:
a single piece mask body configured to cover a nose and a mouth of a human face (Paragraph 0015, Referring to FIGS. 1-3, the illustrated mask 14 is shaped to fit over a user’s mouth and nose. As illustrated, the mask 14 is teardrop shaped and includes a first, generally circular, portion 26 shaped to fit over a user’s mouth and a second portion 30 shaped to fit over a user’s nose. The particular shape of the mask 14 should not be considered limiting as other suitable shapes that fit over the user’s mouth and nose are within the scope of the present disclosure)
and comprising at least one filter attachment port (Figure 4, Paragraph 0004, The disclosure provides, in one aspect, a mask assembly including a mask configured to cover a mouth and nasal passage of the user, a valve coupled to the mask and configured to direct air out of the mask assembly, a strap coupled to the mask, and a module removably coupled to the mask and configured to direct air into the mask assembly, wherein the module includes a filter, an ultraviolet chamber, and a light source) wherein the at least one filter attachment port comprises:
a coupling mechanism, defines an opening in the mask body, and extends from the exterior surface of the mask body (Figure 4, Paragraph 0016, With reference to FIG. 4, the mask 14 further includes a first connector 42 and a second connector 46 positioned on opposite ends of the mask 14. The first connector 42 is positioned on a first end 26a of the first portion 26 of the mask 14, and the second connector 46 is positioned on a second end 26b of the first portion 26 of the mask 14. The first and second connectors 42, 46 are generally cylindrical and are shaped and sized to receive a portion of the module assembly 18 to couple the module assembly 18 to the mask 14);
As depicted in Figure 4, the coupling mechanism of Moran’s mask assembly comprises a proximal portion proximate to the exterior surface of the face mask body, and a plurality of protrusions extending from the proximal portion and away from the exterior surface of the mask body.
However, if the Applicant is not convinced, Cast more explicitly discloses wherein the coupling mechanism (Column 6, lines 8-17, The exemplary respiratory assembly 100 includes a first respiratory component 120 (shown schematically as a section of a respirator mask) and a second respiratory component 180 (shown schematically as a part of a filter cartridge). The exemplary first respiratory component 120 includes a port 130 for releasably connecting the first respiratory component 120 to the second respiratory component 180. The port 130 includes a receiving surface 132 having a first axial passageway 134 therein) comprises:
a proximal portion proximate to the exterior surface of the face mask body, and a plurality of protrusions extending from the proximal portion and away from the exterior surface of the mask body (Column 6, lines 17-25, A first projection 136 is disposed on the receiving surface 132 and configured and dimensioned to surround the first axial passageway 134. Preferably, the first projection includes generally cylindrically shaped wall portions 136a. The first projection may further include one or more locating and/or anti-rotation features, such as one or more lugs 136b. Additionally or alternatively, the receiving surface 132 may define a recess disposed around the first axial passageway),
and a flange between the exterior surface and the proximal portion, wherein the coupling mechanism of the at least one filter attachment port is configured to connect to a replaceable filter (Column 5, lines 1-4, With further reference to Figures 1 and 1A, the second respiratory component 14 can be a filter cartridge that has a housing 50 in which a filter element can be contained), and the flange is configured to provide a seal between the mask body and the replaceable filter (Column 7, lines 26-32, For example, the port 130 may be inserted into the opening 122 of the first respiratory component 120 such that at least a portion of the port is on one side of the opening and at least a portion of it is on another side. For example, the port 130 may have a flat flange around the perimeter to stop it from going through the opening).
Both Moran and Cast disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized structure of the coupling ports taught by Cast with the overall mask assembly disclosed by Moran, so as to provide a clearly delineated arrangement for additional module attachments to the main mask body.
Regarding Claim 17, Moran discloses: A reusable face mask (Abstract, A mask assembly includes a mask configured to cover a mouth and nasal passage of the user, a valve coupled to the mask and configured to direct air out of the mask assembly, and a strap coupled to the mask. The mask assembly additionally includes a module removably coupled to the mask and configured to direct air into the mask assembly) comprising:
a mask body configured to cover a nose and a mouth of a human face (Paragraph 0015, Referring to FIGS. 1-3, the illustrated mask 14 is shaped to fit over a user’s mouth and nose. As illustrated, the mask 14 is teardrop shaped and includes a first, generally circular, portion 26 shaped to fit over a user’s mouth and a second portion 30 shaped to fit over a user’s nose. The particular shape of the mask 14 should not be considered limiting as other suitable shapes that fit over the user’s mouth and nose are within the scope of the present disclosure)
and comprising at least one filter attachment port (Figure 4, Paragraph 0004, The disclosure provides, in one aspect, a mask assembly including a mask configured to cover a mouth and nasal passage of the user, a valve coupled to the mask and configured to direct air out of the mask assembly, a strap coupled to the mask, and a module removably coupled to the mask and configured to direct air into the mask assembly, wherein the module includes a filter, an ultraviolet chamber, and a light source) wherein the at least one filter attachment port comprises:
a coupling mechanism, defines an opening in the mask body, and extends from the exterior surface of the mask body (Figure 4, Paragraph 0016, With reference to FIG. 4, the mask 14 further includes a first connector 42 and a second connector 46 positioned on opposite ends of the mask 14. The first connector 42 is positioned on a first end 26a of the first portion 26 of the mask 14, and the second connector 46 is positioned on a second end 26b of the first portion 26 of the mask 14. The first and second connectors 42, 46 are generally cylindrical and are shaped and sized to receive a portion of the module assembly 18 to couple the module assembly 18 to the mask 14);
As depicted in Figure 4, the coupling mechanism of Moran’s mask assembly comprises a rigid plastic portion (Paragraph 0015, the mask 14 may be constructed of a rigid material) and a flange (Figure 4), the rigid plastic portion comprising at least a proximal portion of the coupling mechanism proximate to the exterior surface of the face mask body, and a plurality of protrusions extending from the proximal portion and away from the exterior surface of the mask body (Paragraph 0016, With reference to FIG. 4, the mask 14 further includes a first connector 42 and a second connector 46 positioned on opposite ends of the mask 14. The first connector 42 is positioned on a first end 26a of the first portion 26 of the mask 14, and the second connector 46 is positioned on a second end 26b of the first portion 26 of the mask 14. The first and second connectors 42, 46 are generally cylindrical and are shaped and sized to receive a portion of the module assembly 18 to couple the module assembly 18 to the mask 14).
However, if the Applicant is not convinced, Cast more explicitly discloses wherein the coupling mechanism (Column 6, lines 8-17, The exemplary respiratory assembly 100 includes a first respiratory component 120 (shown schematically as a section of a respirator mask) and a second respiratory component 180 (shown schematically as a part of a filter cartridge). The exemplary first respiratory component 120 includes a port 130 for releasably connecting the first respiratory component 120 to the second respiratory component 180. The port 130 includes a receiving surface 132 having a first axial passageway 134 therein) comprises:
a rigid plastic portion and a flange (Column 7, lines 26-32, For example, the port 130 may be inserted into the opening 122 of the first respiratory component 120 such that at least a portion of the port is on one side of the opening and at least a portion of it is on another side. For example, the port 130 may have a flat flange around the perimeter to stop it from going through the opening), the rigid plastic portion comprising at least a portion of a proximal portion of the coupling mechanism proximate to the exterior surface of the face mask body, and a plurality of protrusions extending from the proximal portion and away from the exterior surface of the mask body (Column 6, lines 17-25, A first projection 136 is disposed on the receiving surface 132 and configured and dimensioned to surround the first axial passageway 134. Preferably, the first projection includes generally cylindrically shaped wall portions 136a. The first projection may further include one or more locating and/or anti-rotation features, such as one or more lugs 136b. Additionally or alternatively, the receiving surface 132 may define a recess disposed around the first axial passageway),
and the flange between the exterior surface and the proximal portion, wherein the coupling mechanism of the at least one filter attachment port is configured to connect to a replaceable filter (Column 5, lines 1-4, With further reference to Figures 1 and 1A, the second respiratory component 14 can be a filter cartridge that has a housing 50 in which a filter element can be contained), and the flange is configured to provide a seal between the mask body and the replaceable filter (Column 7, lines 26-32, For example, the port 130 may be inserted into the opening 122 of the first respiratory component 120 such that at least a portion of the port is on one side of the opening and at least a portion of it is on another side. For example, the port 130 may have a flat flange around the perimeter to stop it from going through the opening).
Both Moran and Cast disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized structure of the coupling ports taught by Cast with the overall mask assembly disclosed by Moran, so as to provide a clearly delineated arrangement for additional module attachments to the main mask body.
Regarding Claims 2 and 18, Moran in view of Cast discloses all of the limitations of Claim 1 and 17, respectively. Cast further discloses: wherein the proximal portion and the plurality of protrusions surround the opening in the face mask body (Column 3, lines 21-23, FIG. 2D shows a cross-sectional view of a port of an exemplary respiratory assembly according to the present invention).
Regarding Claims 4 and 20, Moran in view of Cast discloses all of the limitations of Claim 1 and 17, respectively. Cast further discloses: wherein the coupling mechanism comprises a connection portion located between the exterior surface of the face mask body and the proximal portion, wherein the diameter of the connection portion is less than the diameter of the proximal portion (Column 3, lines 21-23, FIG. 2D shows a cross-sectional view of a port of an exemplary respiratory assembly according to the present invention), (Column 6, lines 13-19, The exemplary first respiratory component 120 includes a port 130 for releasably connecting the first respiratory component 120 to the second respiratory component 180. The port 130 includes a receiving surface 132 having a first axial passageway 134 therein. A first projection 136 is disposed on the receiving surface 132 and configured and dimensioned to surround the first axial passageway 134).
Regarding Claims 5 and 21, Moran in view of Cast discloses all of the limitations of Claim 4 and 21, respectively. Cast further discloses: wherein the connection portion is cylindrical (Column 6, lines 16-25, the port 130 includes a receiving surface 132 having a first axial passageway 134 therein. A first projection 136 is disposed on the receiving surface 132 and configured and dimensioned to surround the first axial passageway 134. Preferably, the first projection includes generally cylindrically shaped wall portions 136a. The first projection may further include one or more locating and/or anti-rotation features, such as one or more lugs 136b. Additionally or alternatively, the receiving surface 132 may define a recess disposed around the first axial passageway).
Regarding Claim 6, Moran in view of Cast discloses all of the limitations of Claim 4. Moran further discloses: wherein the replaceable filter is configured to snap over the proximal portion of the coupling mechanism such that an opening of the replaceable filter surrounds the connection portion (Paragraph 0024, The bottom wall 86 of each of the modules 62, 66 includes a circular port 166. The port 166 is shaped and sized to fit within the first and second connectors 42, 46 on the mask 14, thereby removably coupling the modules 62, 66 to the mask 14. The connectors 42, 46 engage the port 166 in a “snap-fit” configuration. In some embodiments, the modules 62, 66 may be removably coupled or permanently coupled to the mask 14 via alternative configurations).
Regarding Claim 22, Moran in view of Cast discloses all of the limitations of Claim 20. Cast further discloses: wherein the replaceable filter is configured to snap over the proximal portion of the coupling mechanism until an opening of the replaceable filter surrounds the connection portion, such that the flange is between the replaceable filter and the exterior surface of the mask body (Paragraph 0024, The bottom wall 86 of each of the modules 62, 66 includes a circular port 166. The port 166 is shaped and sized to fit within the first and second connectors 42, 46 on the mask 14, thereby removably coupling the modules 62, 66 to the mask 14. The connectors 42, 46 engage the port 166 in a “snap-fit” configuration. In some embodiments, the modules 62, 66 may be removably coupled or permanently coupled to the mask 14 via alternative configurations).
Regarding Claims 7 and 23, Moran in view of Cast discloses all of the limitations of Claim 4 and 17, respectively. Cast further discloses: wherein the coupling mechanism comprises a compression ring, the compression ring comprising the flange (Column 6, lines 58-67, In some exemplary embodiments, the port 130 of the first respiratory component 120 comprises a sealing element 132a, shown in FIG. 2D. In the illustrated embodiment, the sealing element 132a includes a lip seal disposed on the receiving surface 132. Preferably, the lip seal surrounds the first axial passageway 134. The sealing element 132a may be configured to cooperate with a sealing element of the port 160 of the second respiratory component 180, such as a slanted sealing surface 168).
Regarding Claims 8 and 24, Moran in view of Cast discloses all of the limitations of Claim 1 and 23, respectively. Cast further discloses: wherein the compression ring is integral with the single piece face mask body (Column 7, lines 7-22, The sealing element 132a can be removably attached or assembled to a component of a respiratory assembly, or, the sealing element 132a can be overmolded and permanently adhered directly to such a component. An alternate arrangement of a sealing element could include a compression gasket, potentially on the receiving surface 132, or a flexible closed cell foam element. Another alternative sealing element arrangement could employ an o-ring type seal that could be in compression against surface 132 for example, or in sliding radial compression on the radial mating surfaces of the first and second respiratory components. Any of the exemplary sealing elements according to the present disclosure could be disposed at any suitable location of the first respiratory component, the second respiratory component or both).
Regarding Claims 9 and 25, Moran in view of Cast discloses all of the limitations of Claim 1 and 23, respectively. Cast further discloses: wherein the compression ring is a separate component from the single piece face mask body (Column 7, lines 7-22, The sealing element 132a can be removably attached or assembled to a component of a respiratory assembly, or, the sealing element 132a can be overmolded and permanently adhered directly to such a component. An alternate arrangement of a sealing element could include a compression gasket, potentially on the receiving surface 132, or a flexible closed cell foam element. Another alternative sealing element arrangement could employ an o-ring type seal that could be in compression against surface 132 for example, or in sliding radial compression on the radial mating surfaces of the first and second respiratory components. Any of the exemplary sealing elements according to the present disclosure could be disposed at any suitable location of the first respiratory component, the second respiratory component or both).
Regarding Claims 10 and 26, Moran in view of Cast discloses all of the limitations of Claim 1 and 24, respectively. Cast further discloses: wherein the compression ring forms an axial seal between the face mask and the replaceable filter (Column 7, lines 7-22, The sealing element 132a can be removably attached or assembled to a component of a respiratory assembly, or, the sealing element 132a can be overmolded and permanently adhered directly to such a component. An alternate arrangement of a sealing element could include a compression gasket, potentially on the receiving surface 132, or a flexible closed cell foam element. Another alternative sealing element arrangement could employ an o-ring type seal that could be in compression against surface 132 for example, or in sliding radial compression on the radial mating surfaces of the first and second respiratory components. Any of the exemplary sealing elements according to the present disclosure could be disposed at any suitable location of the first respiratory component, the second respiratory component or both).
Regarding Claim 11, Moran in view of Cast discloses all of the limitations of Claim 1. Moran further discloses: wherein the coupling mechanism is configured to receive the replaceable filter by a snap fit mechanism (Paragraph 0024, The bottom wall 86 of each of the modules 62, 66 includes a circular port 166. The port 166 is shaped and sized to fit within the first and second connectors 42, 46 on the mask 14, thereby removably coupling the modules 62, 66 to the mask 14. The connectors 42, 46 engage the port 166 in a “snap-fit” configuration. In some embodiments, the modules 62, 66 may be removably coupled or permanently coupled to the mask 14 via alternative configurations).
Regarding Claim 27, Moran in view of Cast discloses all of the limitations of Claim 17 respectively. Cast further discloses: wherein the proximal portion comprises a plurality of protrusions and a plurality of opening between the plurality of protrusions (Column 6, lines 16-25, the port 130 includes a receiving surface 132 having a first axial passageway 134 therein. A first projection 136 is disposed on the receiving surface 132 and configured and dimensioned to surround the first axial passageway 134. Preferably, the first projection includes generally cylindrically shaped wall portions 136a. The first projection may further include one or more locating and/or anti-rotation features, such as one or more lugs 136b. Additionally or alternatively, the receiving surface 132 may define a recess disposed around the first axial passageway).
Regarding Claim 28, Moran in view of Cast discloses all of the limitations of Claim 17 respectively. Cast further discloses: wherein the proximal portion comprises both rigid plastic and silicone components (Column 7, lines 1-22, The sealing element can be made from or include a flexible rubber or rubber-like materials. Exemplary suitable materials include thermoplastic elastomers […] or various thermoset rubber materials, such as natural latex rubber, polyisoprene, nitrile, EPDM, butyl or silicone rubber. The sealing element 132a can be removably attached or assembled to a component of a respiratory assembly, or, the sealing element 132a can be overmolded and permanently adhered directly to such a component. An alternate arrangement of a sealing element could include a compression gasket, potentially on the receiving surface 132, or a flexible closed cell foam element. […] Any of the exemplary sealing elements according to the present disclosure could be disposed at any suitable location of the first respiratory component, the second respiratory component or both).
Moran also discloses the use of flexible and rigid materials interchangeably (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material. However, in some embodiments, the mask 14 may be constructed of a rigid material. An inner perimeter 36 of the mask 14 is lined with a cushion 38, which forms a seal against the user’s face during use, thereby preventing air from unintentionally leaking out of the mask 14).
Regarding Claims 13 and 29, Moran in view of Cast discloses all of the limitations of Claim 1 and 17 respectively. Moran further discloses: wherein the mask body comprises a transparent polymer (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material).
Claims 3, 15, 19, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Cast (US 9700743 B2), further in view of Yates et al. (US 20210386136 A1, hereinafter "Yates").
Regarding Claim 3, Moran in view of Cast discloses all of the limitations of Claim 1. Moran in view of Cast does not explicitly disclose separating portions of the filter media.
Yates does disclose: wherein the plurality of protrusions extending from the proximal portion of the coupling mechanism are configured to support the replaceable filter by separating portions of filter media of the replaceable filter when the replaceable filter is attached to the at least one filter attachment port (Paragraph 0040, When the user exhales, the inlet valve 31 is pushed outward by the increased air pressure inside the main body 10 and thereby blocks any airflow through the inlet connector 30. A filter element 50 as shown in FIG. 8 is connected to the bayonet fitting 32. Two protrusions 34 protruding from the bayonet fitting 32 make sure that the two opposing filter surfaces 52 of the filter element 50 remain separated during the inhalation, thereby keeping the inlet airway fully opened).
Both Yates and Moran in view of Cast disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Yates to provide an alternative filter cartridge structure that allows for fully opened airflows to aid in inhalation and exhalation.
Regarding Claims 15 and 31, Moran in view of Cast discloses all of the limitations of Claim 1 and 17 respectively. Moran broadly discloses different materials for use in the mask body (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material. However, in some embodiments, the mask 14 may be constructed of a rigid material) but does not explicitly disclose the use of silicone or thermoplastic polyurethane.
Yates does disclose: wherein the mask body comprises one of silicone or thermoplastic polyurethane (Claim 1, A face mask for filtering a respiratory air flow of a user, the face mask comprising: a main body comprising elastomeric material and configured to accommodate to facial features of the user, the main body including at least one air inlet opening and at least one air outlet opening. Claim 12, A face mask as claimed in claim 1, wherein the elastomeric material comprises silicone).
Both Yates and Moran in view of Cast disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. It would have been obvious to one skilled in the art before the effective filing date to modify the material of the mask body to provide an art-recognized alternative that does not impede the functionality of the assembly.
Regarding Claim 19, Moran in view of Cast discloses all of the limitations of Claim 17. Moran in view of Cast does not explicitly disclose separating portions of the filter media.
Yates does disclose: wherein the plurality of protrusions of the coupling mechanism of the at least one filter attachment port are configured to support the replaceable filter by separating portions of filter media of the replaceable filter when the replaceable filter is attached to the at least one filter attachment port (Paragraph 0040, When the user exhales, the inlet valve 31 is pushed outward by the increased air pressure inside the main body 10 and thereby blocks any airflow through the inlet connector 30. A filter element 50 as shown in FIG. 8 is connected to the bayonet fitting 32. Two protrusions 34 protruding from the bayonet fitting 32 make sure that the two opposing filter surfaces 52 of the filter element 50 remain separated during the inhalation, thereby keeping the inlet airway fully opened).
Both Yates and Moran in view of Cast disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Yates to provide an alternative filter cartridge structure that allows for fully opened airflows to aid in inhalation and exhalation.
Claims 14 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Cast (US 9700743 B2), further in view of Newson et al. (US 20210346734 A1, hereinafter "Newson").
Regarding Claims 14 and 30, Moran in view of Cast discloses all of the limitations of Claim 1 and 17 respectively. Moran further discloses the use of a transparent material for the mask body (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material), but does not disclose the transmittance.
Newson does disclose: wherein the mask body comprises a polymer having a transmittance of 80% or greater (Paragraph 0026, the facepiece 12 is made of a recyclable thermoformable polymer material, such as transparent polypropylene (PP), polyethylene terephthalate (PET), high density polyethylene (HDPE), or poly-lactic acid (PLA), for example, enabling it to be mass produced from polymer film using automated thermoforming equipment […] By virtue of facepiece 12 being made of a clear, transparent, or translucent polymer material, the wearer's lips may be visible through the side of mask 10 to allow lip-reading by another person who is hearing impaired or deaf. This aspect of the mask 10 may provide a significant advantage for health care and emergency response personnel, as it allows them to communicate with a hearing-impaired person or patient without removing their protective respirator mask and exposing them to potentially hazardous air. The use of thermoformable polymer material may also reduce chafing of a wearer's face and/or allow the fit of the facepiece to be customized by the user).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the various art-recognized, alternative polymer materials as taught by Newson with the transparent mask body disclosed by Moran in view of Cast. The polymers listed by Newson, such as HDPE, are both recyclable and have a high degree of transmittance, allowing a user’s lips to be clearly seen, and thus improving communication for hearing impaired individuals.
Claims 16 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Cast (US 9700743 B2), further in view of Olsen et al. (US 10518054 B2, hereinafter “Olsen”).
Regarding Claims 16 and 33, Moran in view of Cast discloses all of the limitations of Claim 1 and 17 respectively. Moran further discloses a user-facing rim, wherein the rim is configured to come in contact with a user's face when the reusable face mask is properly worn by the user (Paragraph 0015, An inner perimeter 36 of the mask 14 is lined with a cushion 38, which forms a seal against the user’s face during use, thereby preventing air from unintentionally leaking out of the mask 14). Cast also discloses the limitation (Column 4, lines 22-27, the exemplary first respiratory component 12 may include a compliant face contacting member 16, a rigid structural member 18, and one or more harness or strap receiving structures 20 located thereon for receiving a harness or one or more straps, which enable the respiratory assembly 10 to be supported on a person's head when in use). However, Moran in view of Cast does not disclose the user-facing rim comprising a textured surface.
Olsen does disclose: a user-facing rim comprising a textured surface, wherein the rim is configured to come in contact with a user's face when the reusable face mask is properly worn by the user (Column 18, lines 11-20, The seal 180 is designed to seal against the face of the user. The seal 180 preferably is formed of a soft material, such as silicone, for example but without limitation. In some configurations, at least portions of the seal 180 can be textured to improve comfort to the user. For example, in some configurations, at least portions of the mold used to form the illustrated seal 180 can be bead blasted to provide a surface texture in at least the regions of the seal 180 that will contact the skin of the user. Other techniques for texturing one or more surface of the seal 180 can be used).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Olsen’s textured seal with the mask assembly disclosed by Moran in view of Cast so as to provide an additional degree of comfort for a user in the areas where the mask is in contact with a user’s face.
Claims 34-38 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Olsen (US 10518054 B2).
Regarding Claim 34, Moran discloses: A reusable face mask (Abstract, A mask assembly includes a mask configured to cover a mouth and nasal passage of the user, a valve coupled to the mask and configured to direct air out of the mask assembly, and a strap coupled to the mask. The mask assembly additionally includes a module removably coupled to the mask and configured to direct air into the mask assembly) comprising:
a mask body configured to cover a nose and a mouth of a human face (Paragraph 0015, Referring to FIGS. 1-3, the illustrated mask 14 is shaped to fit over a user’s mouth and nose. As illustrated, the mask 14 is teardrop shaped and includes a first, generally circular, portion 26 shaped to fit over a user’s mouth and a second portion 30 shaped to fit over a user’s nose. The particular shape of the mask 14 should not be considered limiting as other suitable shapes that fit over the user’s mouth and nose are within the scope of the present disclosure)
and comprising at least one filter attachment port (Figure 4, Paragraph 0016, With reference to FIG. 4, the mask 14 further includes a first connector 42 and a second connector 46 positioned on opposite ends of the mask 14. The first connector 42 is positioned on a first end 26a of the first portion 26 of the mask 14, and the second connector 46 is positioned on a second end 26b of the first portion 26 of the mask 14. The first and second connectors 42, 46 are generally cylindrical and are shaped and sized to receive a portion of the module assembly 18 to couple the module assembly 18 to the mask 14)
and a user-facing rim (Figure 1, inner perimeter 36, cushion 38),
wherein the at least one filter attachment port is configured to connect to a replaceable filter (Figure 4, Paragraph 0004, The disclosure provides, in one aspect, a mask assembly including a mask configured to cover a mouth and nasal passage of the user, a valve coupled to the mask and configured to direct air out of the mask assembly, a strap coupled to the mask, and a module removably coupled to the mask and configured to direct air into the mask assembly, wherein the module includes a filter, an ultraviolet chamber, and a light source),
and the rim is configured to come in contact with a user's face when the reusable face mask is properly worn by the user (Paragraph 0015, An inner perimeter 36 of the mask 14 is lined with a cushion 38, which forms a seal against the user’s face during use, thereby preventing air from unintentionally leaking out of the mask 14)
Moran does not disclose the user-facing rim comprising a textured surface.
However, Olsen does disclose: a user-facing rim comprising a textured surface, wherein the rim is configured to come in contact with a user's face when the reusable face mask is properly worn by the user (Column 18, lines 11-20, The seal 180 is designed to seal against the face of the user. The seal 180 preferably is formed of a soft material, such as silicone, for example but without limitation. In some configurations, at least portions of the seal 180 can be textured to improve comfort to the user. For example, in some configurations, at least portions of the mold used to form the illustrated seal 180 can be bead blasted to provide a surface texture in at least the regions of the seal 180 that will contact the skin of the user. Other techniques for texturing one or more surface of the seal 180 can be used).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Olsen’s textured seal with the mask assembly disclosed by Moran in view of Cast so as to provide an additional degree of comfort for a user in the areas where the mask is in contact with a user’s face.
Regarding Claim 35, Moran in view of Olsen discloses all of the limitations of Claim 34. Moran further discloses: wherein the mask body is a single piece face mask (Paragraph 0015, Referring to FIGS. 1-3, the illustrated mask 14 is shaped to fit over a user’s mouth and nose. As illustrated, the mask 14 is teardrop shaped and includes a first, generally circular, portion 26 shaped to fit over a user’s mouth and a second portion 30 shaped to fit over a user’s nose).
Regarding Claim 36, Moran in view of Olsen discloses all of the limitations of Claim 34. Olsen further discloses: wherein the only portion of the mask body configured to come in contact with a user's face when the reusable face mask is properly worn is the textured user-facing rim (Paragraph 0015, Referring to FIGS. 1-3, the illustrated mask 14 is shaped to fit over a user’s mouth and nose. As illustrated, the mask 14 is teardrop shaped and includes a first, generally circular, portion 26 shaped to fit over a user’s mouth and a second portion 30 shaped to fit over a user’s nose. The particular shape of the mask 14 should not be considered limiting as other suitable shapes that fit over the user’s mouth and nose are within the scope of the present disclosure […] An inner perimeter 36 of the mask 14 is lined with a cushion 38, which forms a seal against the user’s face during use, thereby preventing air from unintentionally leaking out of the mask 14).
Regarding Claim 37, Moran in view of Olsen discloses all of the limitations of Claim 34. Olsen further discloses: wherein the textured rim is formed with one of a D1, D2, or D3 surface/finish using an injection mold (Column 18, lines 11-20, The seal 180 is designed to seal against the face of the user. The seal 180 preferably is formed of a soft material, such as silicone, for example but without limitation. In some configurations, at least portions of the seal 180 can be textured to improve comfort to the user. For example, in some configurations, at least portions of the mold used to form the illustrated seal 180 can be bead blasted to provide a surface texture in at least the regions of the seal 180 that will contact the skin of the user. Other techniques for texturing one or more surface of the seal 180 can be used).
Regarding Claim 38, Moran in view of Olsen discloses all of the limitations of Claim 34. Moran further discloses: wherein the at least one filter attachment port comprises a coupling mechanism, defines an opening in the mask body, and extends from the exterior surface of the mask body (Figure 4, Paragraph 0016, With reference to FIG. 4, the mask 14 further includes a first connector 42 and a second connector 46 positioned on opposite ends of the mask 14. The first connector 42 is positioned on a first end 26a of the first portion 26 of the mask 14, and the second connector 46 is positioned on a second end 26b of the first portion 26 of the mask 14. The first and second connectors 42, 46 are generally cylindrical and are shaped and sized to receive a portion of the module assembly 18 to couple the module assembly 18 to the mask 14).
Regarding Claim 44, Moran in view of Olsen discloses all of the limitations of Claim 34. Moran further discloses: wherein the mask body comprises a transparent polymer (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material).
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Olsen (US 10518054 B2), further in view of Cast (US 9700743 B2),
Regarding Claim 39, Moran in view of Olsen discloses all of the limitations of Claim 38. As depicted in Figure 4, the coupling mechanism of Moran’s mask assembly comprises a proximal portion proximate to the exterior surface of the face mask body, and a plurality of protrusions extending from the proximal portion and away from the exterior surface of the mask body.
However, if the Applicant is not convinced, Cast more explicitly discloses: wherein the coupling mechanism (Column 6, lines 8-17, The exemplary respiratory assembly 100 includes a first respiratory component 120 (shown schematically as a section of a respirator mask) and a second respiratory component 180 (shown schematically as a part of a filter cartridge). The exemplary first respiratory component 120 includes a port 130 for releasably connecting the first respiratory component 120 to the second respiratory component 180. The port 130 includes a receiving surface 132 having a first axial passageway 134 therein) comprises:
a proximal portion proximate to the exterior surface of the face mask body, and a plurality of protrusions extending from the proximal portion and away from the exterior surface of the mask body (Column 6, lines 17-25, A first projection 136 is disposed on the receiving surface 132 and configured and dimensioned to surround the first axial passageway 134. Preferably, the first projection includes generally cylindrically shaped wall portions 136a. The first projection may further include one or more locating and/or anti-rotation features, such as one or more lugs 136b. Additionally or alternatively, the receiving surface 132 may define a recess disposed around the first axial passageway),
and a flange between the exterior surface and the proximal portion (Column 7, lines 26-32, For example, the port 130 may be inserted into the opening 122 of the first respiratory component 120 such that at least a portion of the port is on one side of the opening and at least a portion of it is on another side. For example, the port 130 may have a flat flange around the perimeter to stop it from going through the opening), wherein the flange is configured to provide a seal between the mask body and the replaceable filter (Column 5, lines 1-4, With further reference to Figures 1 and 1A, the second respiratory component 14 can be a filter cartridge that has a housing 50 in which a filter element can be contained).
Both Moran in view of Olsen and Cast disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. Thus, it would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized structure of the coupling ports taught by Cast with the overall mask assembly disclosed by Moran in view of Olsen, so as to provide a clearly delineated arrangement for additional module attachments to the main mask body.
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Olsen (US 10518054 B2) further in view of Newson (US 20210346734 A1).
Regarding Claim 45, Moran in view of Olsen discloses all of the limitations of Claim 34 respectively. Moran further discloses the use of a transparent material for the mask body (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material), but does not disclose the transmittance.
Newson does disclose: wherein the mask body comprises a polymer having a transmittance of 80% or greater (Paragraph 0026, the facepiece 12 is made of a recyclable thermoformable polymer material, such as transparent polypropylene (PP), polyethylene terephthalate (PET), high density polyethylene (HDPE), or poly-lactic acid (PLA), for example, enabling it to be mass produced from polymer film using automated thermoforming equipment […] By virtue of facepiece 12 being made of a clear, transparent, or translucent polymer material, the wearer's lips may be visible through the side of mask 10 to allow lip-reading by another person who is hearing impaired or deaf. This aspect of the mask 10 may provide a significant advantage for health care and emergency response personnel, as it allows them to communicate with a hearing-impaired person or patient without removing their protective respirator mask and exposing them to potentially hazardous air. The use of thermoformable polymer material may also reduce chafing of a wearer's face and/or allow the fit of the facepiece to be customized by the user).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the various art-recognized, alternative polymer materials as taught by Newson with the transparent mask body disclosed by Moran. The polymers listed by Newson, such as HDPE, are both recyclable and have a high degree of transmittance, allowing a user’s lips to be clearly seen, and thus improving communication for hearing impaired individuals.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Moran (WO 2021183932 A1) in view of Olsen (US 10518054 B2), further in view of Yates (US 20210386136 A1).
Regarding Claim 46, Moran in view of Olsen discloses all of the limitations of Claim 34 respectively. Moran broadly discloses different materials for use in the mask body (Paragraph 0015, In the illustrated embodiments, the mask 14 is constructed of a flexible and transparent plastic material. However, in some embodiments, the mask 14 may be constructed of a rigid material) but does not explicitly disclose the use of silicone or thermoplastic polyurethane.
Yates does disclose: wherein the mask body comprises one of silicone or thermoplastic polyurethane (Claim 1, A face mask for filtering a respiratory air flow of a user, the face mask comprising: a main body comprising elastomeric material and configured to accommodate to facial features of the user, the main body including at least one air inlet opening and at least one air outlet opening. Claim 12, A face mask as claimed in claim 1, wherein the elastomeric material comprises silicone).
Both Yates and Moran in view of Olsen disclose reusable mask assemblies with detachable filtration cartridges and receiving structures. It would have been obvious to one skilled in the art before the effective filing date to modify the material of the mask body to provide an art-recognized alternative that does not impede the functionality of the assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Simmonds (US 20160001107 A1) discloses a respiratory filter connection mechanism
Sorna et al. (US 20210379420 A1) discloses a reusable filtration mask with detachable filter housings
Angadjivand et al. (US 9216306 B2) discloses a filter element that can be attached to a respirator
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/MISHAL HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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