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 .
This office action is in response to the claims filed 3/30/23. Claims 1-20 are pending in the instant application.
Specification
The abstract of the disclosure is objected to because the abstract refers to Fig. 4A (see last line). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 6, and 20 are objected to because of the following informalities:
Regarding claim 1 and 20, the language “a an upper chamber” (claim 1 line 11, claim 20 line 8) is objected to for a typographical error; Examiner suggests amending to read –an upper chamber--.
Regarding claim 1, the language “mouth of the use are” (line 14) is objected to for a typographical error; Examiner suggests amending to read –mouth of the user are--.
Regarding claims 1 and 20, the language “an mouth chamber” (claim 1 line 20, claim 20 line 14) is objected to for a typographical error; Examiner suggests amending to read –a mouth chamber--.
Regarding claim 6, the language “exhaust passage in in fluid communication” (line 1-2) is objected to for a typographical error; Examiner suggests amending to read –exhaust passage is in fluid communication--.
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 13-14 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.
Claim 13 recites the limitation "the exhaled air" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 is rejected based on dependency on a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (2019/0118918) in view of Wang (WO 2012/044113).
Regarding claim 1, Xiao discloses a breathing mask (see Fig. 1-7, abstract for example) which includes a body and at least one breathing tube (see Fig. 1, breathing tube 40, the rest of the device defining the body), the breathing tube being in fluid communication with an interior of the body (see para. 0054), and including an intake conduit and an exhaust conduit independent of each other (see Fig. 7A and 7B showing independent intake and exhaust flows, intake conduit 45a and exhaust conduit 45b, see para. 0061), the body including a main frame (main frame 10, Fig. 1 and 3A-B for example); a lens fitted in the main frame (lens 12, see Fig. 1 and 4, para. 0048); a waterproof sealing skirt at least partially fitted with the main frame and the lens and suitable for fitting on a user’s face (skirt 50, see Fig. 1, 3A-B, para. 0047 and 0052, see also Fig 8), wherein the skirt has a partition to separate the interior of the body into an upper chamber and a lower chamber (partition 54 part of 20, see Fig. 2 and 5, upper chamber 22 and lower chamber 24, see para. 0048 and 0053), whereby when the user wears the mask through a fastening device, the partition is sealed on a nose of the user, eyes of the user are housed in the upper chamber and the nose and mouth of the user are accommodated in the lower chamber (see Fig. 1, 2, and 5, para. 0048, see also Fig. 8); an intake passage formed from the intake conduit to the lower chamber (intake passage defined by intake conduit 45a of the breathing tube 40 which allows air to flow to the upper chamber via inlet passageway 27a and to the lower chamber via 55, see Fig. 7A and para. 0061 for example); an exhaust passage formed from the lower chamber to the exhaust conduit (exhaust passage from lower chamber to exhaust conduit 45b via passages 60, see Fig. 7B and para. 0055 and 0061). Xiao is silent as to further including a bridge formed across the lower chamber thereby dividing the lower chamber into a nasal chamber and a mouth chamber below the nasal chamber such that when the user puts on the mask, the nose is accommodated in the nasal chamber and the mouth is accommodated in the mouth chamber; however, Wang discloses a similar breathing mask which includes this feature (see Wang Fig. 6, abstract, and pg. 4-5 of the translation provided by Applicant, nose chamber 130 separated from mouth chamber 300 which are separated by a bridge including an opening with a check valve 150). Thus 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 Xiao device to include a bridge separating the lower chamber into a nasal chamber and a mouth chamber, as taught by Wang, in order to provide improved airflow and use (see pg. 2 of the translation). The now modified Xiao device is such that the intake passage is in fluid communication with the nasal chamber (via conduit 45a and passageway 27a and 55, Fig. 7A of Xiao), the exhaust passage in fluid communication with the mouth chamber or the nasal chamber (Xiao: exhaust passage from lower chamber to exhaust conduit 45b via passages 60, see Fig. 7B and para. 0055 and 0061), and the nasal chamber and mouth chamber are suitably in fluid communication with each other through the bridge (via opening with check valve 150 of Wang, see pg. 4-5 of translation).
Regarding claim 2, the modified Xiao device includes one breathing tube which has the intake conduit and the exhaust conduit formed therein (see Xiao Fig. 1 and 7A-B, breathing tube 40 with intake conduit 45a and exhaust conduit 45b).
Regarding claim 3, the modified Xiao device’s intake passage is provided with a first one-way valve to unidirectionally provide inhaled air from the upper chamber into the nasal chamber (see Xiao Fig. 1, 3A-B, 7A-B; first one-way valve 59, see para. 0054).
Regarding claim 4, the modified Xiao device’s first one-way valve is disposed on the partition (see Xiao Fig. 3A-B, valve 59 disposed on partition 54, para. 0054 and 0061).
Regarding claim 5, the modified Xiao device’s exhaust passage is provided with a second one-way valve to provide exhaled air to be unidirectionally discharged from the lower chamber along the exhaust passage (see Xiao Fig. 3A-B and 7A-B, second one-way valve 68, para. 0055 and 0061).
Regarding claim 6, the modified Xiao device’s exhaust passage is in fluid communication with the mouth chamber and the bridge is formed with at least one opening so that the nasal chamber is in fluid communication with the mouth chamber therethrough (see Xiao Fig. 7B and para. 0061; Wang Fig. 6 and translation pg. 4-5, bridge provided with opening with valve at 150).
Regarding claim 7, the modified Xiao device further includes a third one-way valve disposed on the at least one opening to provide inhaled air from the nasal chamber to enter the mouth chamber unidirectionally (Wang Fig. 6 and translation pg. 4-5, bridge provided with opening with third one-way valve at 150).
Regarding claim 8, the modified Xiao device’s exhaust passage communicates with the nasal chamber (see Xiao Fig. 7B and para. 0061, Wang Fig. 6 and translation pg. 4-5, communication provided via opening 150).
Regarding claim 9, the modified Xiao device’s exhaust passage is provided with a second one-way valve to provide exhaled air from the nasal chamber to be discharged outward along the exhaust passage (see Xiao Fig. 3A-B and 7A-B, second one-way valve 68, para. 0055 and 0061, which provides exhaled air from nasal chamber via valve 150 of Wang to be discharged).
Regarding claim 10, the modified Xiao device’s bridge is provided with at least one opening including a third one-way valve provided on the at least one opening to provide inhaled air from the nasal chamber to unidirectionally enter the mouth chamber (Wang Fig. 6 and translation pg. 4-5, bridge provided with opening with third one-way valve at 150).
Regarding claim 11, the modified Xiao device’s exhaust passage communicates with the mouth chamber and the first one-way valve lies on a lower, outer side of the partition (see Xiao Fig. 7B, Fig. 3A-B, valve 59 provided on lower, outer side of partition 54).
Regarding claim 12, the modified Xiao device’s exhaust passage is provided with a second one-way valve which provides exhaled air to be unidirectionally discharged from the mouth chamber along the exhaust passage (see Xiao Fig. 3A-B and 7A-B, second one-way valve 68, para. 0055 and 0061).
Regarding claim 13, the modified Xiao device’s exhaust passage is provided with a dividing wall at an inlet area thereof which is merged and integrally formed with the partition and bridge so that exhaled air from the mouth chamber is further isolated from the inhaled air entering the nasal chamber (see Xiao Fig. 7A-B para. 0061 and Wang Fig. 6 pg. 4-5 of translation, Xiao Fig. 3A-B, the lower outer part of 54 being a dividing wall integrally formed therein to provide isolation of inhaled and exhaled air).
Regarding claim 14, the modified Xiao device’s bridge is provided with at least one opening including a third one-way valve provided on the opening to provide inhaled air from the nasal chamber to unidirectionally enter the mouth chamber (Wang Fig. 6 and translation pg. 4-5, bridge provided with opening with third one-way valve at 150).
Regarding claim 20, Xiao discloses a structure of a body of a breathable mask (see Fig. 1-7, abstract for example, see Fig. 1, breathing tube 40, the rest of the device defining the body) which includes a main frame (main frame 10, Fig. 1 and 3A-B for example); a lens fitted in the main frame (lens 12, see Fig. 1 and 4, para. 0048); a waterproof sealing skirt at least partially fitted with the main frame and the lens and suitable for fitting on a user’s face (skirt 50, see Fig. 1, 3A-B, para. 0047 and 0052, see also Fig 8), wherein the skirt has a partition to separate the interior of the body into an upper chamber and a lower chamber (partition 54 part of 20, see Fig. 2 and 5, upper chamber 22 and lower chamber 24, see para. 0048 and 0053), whereby when the user wears the mask through a fastening device, the partition is sealed on a nose of the user, eyes of the user are housed in the upper chamber and the nose and mouth of the user are accommodated in the lower chamber (see Fig. 1, 2, and 5, para. 0048, see also Fig. 8). Xiao is silent as to further including a bridge formed across the lower chamber thereby dividing the lower chamber into a nasal chamber and a mouth chamber below the nasal chamber such that when the user puts on the mask, the nose is accommodated in the nasal chamber and the mouth is accommodated in the mouth chamber and the mouth and nasal chambers can be in fluid communication with each other through the bridge; however, Wang discloses a similar breathing mask which includes this feature (see Wang Fig. 6, abstract, and pg. 4-5 of the translation provided by Applicant, nose chamber 130 separated from mouth chamber 300 which are separated by a bridge including an opening with a check valve 150). Thus 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 Xiao device to include a bridge separating the lower chamber into a nasal chamber and a mouth chamber, as taught by Wang, in order to provide improved airflow and use (see pg. 2 of the translation).
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao and Wang as applied to claim 1 above, and further in view of Sang (2020/0115015).
Regarding claim 15, the modified Xiao device is silent as to the mask including two breathing tubes one of which defines the intake conduit and the other the exhaust conduit which extend along an outer contour of the body to be adjacent one another with lower end inserted into the mouth chamber in a waterproof manner to provide communication; however, Wang discloses a similar mask with two separate breathing tubes, an exhaust conduit and an intake conduit which extend to be adjacent one another (see Wang Fig. 6 and pg. 4-5 and 7) and Sang teaches a similar breathing mask including separate intake and exhaust tubes which extend along an outer contour of the mask body (see Sang Fig. 1-4 and para. 0059 which discloses one of the tubes/valves can alternative be used for exhaust). Thus 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 modified Xiao device’s tube to be separate exhaust and intake tubes that extend along the outer contour of the body to be adjacent to each other, as taught by Wang and Sang, as this would have been obvious substitution of one known element/configuration for another and one would expect the modified Xiao device to perform equally as well.
Regarding claim 16, the modified Xiao device’s intake passage is provided with a first one-way valve which provides inhaled air from the upper chamber into the nasal chamber unidirectionally (see Xiao Fig. 1, 3A-B, 7A-B; first one-way valve 59, see para. 0054).
Regarding claim 17, the modified Xiao device’s first one-way valve lies on a lower, outer side of the partition (see Xiao Fig. 7A-B, Fig. 3A-B, valve 59 provided on lower, outer side of partition 54).
Regarding claim 18, the modified Xiao device’s exhaust conduit is interposed between one side of the main frame and the waterproof skirt (see Xiao Fig. 3A-B, exhaust conduit 60 lying between main frame and skirt as shown, modified in view of Wang and Sang such that the intake and exhaust conduits are to be separate tubes).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao, Wang, and Sang as applied to claim 15 above, and further in view of Liao (2019/0023366).
Regarding claim 19, the modified Xiao device is silent as to the second one-way valve being located at a top of the exhaust conduit to provide unidirectionally discharged exhaled air (second one-way valve 68 of Xiao); however, Liao discloses a similar breathing mask/snorkel device which includes an exhaust one-way valve located at the top of the exhaust conduit (see Liao Fig. 4 and para. 0040, one-way valve 320). Thus 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 modified Xiao device’s exhaust one-way valve to be located at the top of the exhaust conduit, as taught by Liao, as this would have been obvious rearrangement of parts/location, or to provide an additionally exhaust one-way valve for obvious duplication of parts and one would expect the modified Xiao device to perform equally as well. See MPEP 2144.04 VI B and C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Xu et al. (2004/0226563) discloses a mask with separate nasal and oral chambers, Liu (6,668,823) discloses a snorkel mask including separate inhalation and exhalation tubes, Conkle (1,139,850) discloses a snorkel mask with separate nasal and oral chambers and separate inhalation and exhalation conduits, Ball (2007/0199565) discloses a snorkel device with separate inhalation and exhalation tubes, and Palmieri (2019/0224506) discloses a breathable mask similar to the claimed/disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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, Justine Yu can be reached at 571-272-4835. 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.
/COLIN W STUART/Primary Examiner, Art Unit 3785