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 .
Priority
Acknowledgement is made to Applicant’s claim to priority to National Stage App. PCT/CN2020/119384 filed September 30, 2020.
Status of Claims
Claims 1-20, filed March 15, 2023, are presently pending in this application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “wherein the plurality of exhaust vents is arranged at intervals in a circumferential direction of the valve casing”, claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 5, 6, 12, and 19 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 5 recites “and another end of the valve plate is optionally pressed tight on the valve casing to expose or close the exhaust vent.”, ln 2-3 The term “optionally”, ln 2 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of this Office Action all the limitations “and another end of the valve plate is optionally pressed tight on the valve casing to expose or close the exhaust vent” have been considered optional.
Claim 6 recites “and an outer end of the valve plate is optionally pressed tight on the valve casing to expose or close the plurality of exhaust vents.”, ln 5-6 The term “optionally”, ln 5 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of this Office Action all the limitations “and an outer end of the valve plate is optionally pressed tight on the valve casing to expose or close the plurality of exhaust vents” have been considered optional.
Claim 12 recites “wherein a blocking cover that optionally seals the air vent is disposed on the valve cover.”, ln 1-2 The term “optionally”, ln 1 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of this Office Action “optionally” has been interpreted such that the blocking cover is disposed on the valve cover and is configured to conditionally seal the air vent.
Claim 19 recites “the waterproof sheet being optionally pressed tight on the valve cover to seal the air vent.”, ln 2-3 The term “optionally”, ln 2 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of this Office Action all the limitations “the waterproof sheet being optionally pressed tight on the valve cover to seal the air vent” have been considered optional.
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) 1-6, 8-11, 13-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 111513377 A; machine translation accessed January 7, 2026 relied upon herein) in view of Peltosaari et al. (U.S. Pub. No. 2018/0071729; hereinafter: Peltosaari).
Regarding Claims 1 and 20, Zhou discloses a mask, comprising: a mask body (1; Fig. 1); a breather valve (4; Fig. 1, 2, 3) fixed on the mask body (Fig. 1); and a sampling structure comprising a pathogen adsorption portion (14; Fig. 3; Pg. 5, ln 1-14; Pg. 5, ln 27-30), wherein the pathogen adsorption portion is adapted to adsorb pathogens in exhaled gas (Pg. 3, ln 37-41; Pg. 5, ln 1-14; Pg. 5, ln 27-30), and wherein the pathogen adsorption portion is adapted to enter a sample vessel (“container”; Pg. 3, ln 37-41; Pg. 5, ln 27-30) to be in contact with a sample preservation solution (“lysis solution”, “culture solution”; Pg. 3, ln 37-41; Pg. 5, ln 27-30) in the sample collecting tube (Pg. 3, ln 37-41; Pg. 5, ln 1-14; Pg. 5, ln 27-30).
Zhou does not specifically disclose the mask wherein the pathogen adsorption portion is disposed on an inner side of the breather valve and wherein the sample vessel is a sample collecting tube.
Though prior art drawings are not interpreted as depicting scale, unless specified, the description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art (MPEP 2125). In this case, Zhou clearly depicts the pathogen adsorption portion is disposed within the breathing valve, as such the pathogen adsorption portion can be seen to at least be on an inner side of the bracket (12; Fig. 3) of the breather valve of the purpose of clamping the pathogen adsorption portion (Pg. 5, ln 3-5).
Peltosaari teaches a sample vessel, comprising a cap (3; Fig. 1A-1D); and the oval cross-section of an inner surface of the vessel body (2; Fig. 1A-1C, 1E) allows the end of a sample collecting tool to be wedged into the inner surface of the vessel body (¶¶ 0032-0035) for the purpose of the end of the sample collecting tool being configured to be broken off by twisting or turning the sample collecting tool, and the end of the sample collecting tool is left together with the sample inside the vessel body (¶ 0033).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pathogen adsorption portion to be disposed on the inner side of the breather valve for the purpose of clamping the pathogen adsorption portion (See Zhou: Pg. 5, ln 3-5) and to include the sample vessel to be the sample collecting tube as taught by Peltosaari for the purpose of the end of the sample collecting tool being configured to be broken off by twisting or turning the sample collecting tool, and the end of the sample collecting tool is left together with the sample inside the vessel body (See Peltosaari: ¶ 0033).
Regarding Claim 2, the modified device of Zhou discloses the mask wherein the breather valve is a one-way valve and is configured to be opened when a wearer exhales and to be closed when the wearer inhales (See Zhou: Pg. 2, ln 8-13; Pg. 3, ln 44 to Pg. 4, ln 14).
Regarding Claim 3, the modified device of Zhou discloses the mask wherein the breather valve comprises: a valve casing (See Zhou: 9; Fig. 2, 3) having an exhaust vent (See Zhou: vents formed by 12; Fig. 2, 3); and a valve plate (See Zhou: 15; Fig. 3) disposed on the valve casing (See Zhou: Fig. 1-3) and configured to expose the exhaust vent when the wearer exhales and to close the exhaust vent when the wearer inhales (See Zhou: Pg. 3, ln 34 to Pg. 4, ln 14).
Regarding Claim 4, the modified device of Zhou discloses the mask wherein the pathogen adsorption portion is disposed on an inner side of the exhaust vent (See Zhou: Fig. 3; Pg. 3, ln 34 to Pg. 4, ln 14; Pg. 4, ln 34 to Pg. 5, ln 16).
Regarding Claim 5, the modified device of Zhou discloses the mask wherein one end of the valve plate is disposed on the valve casing (See Zhou: Fig. 3; Pg. 3, ln 34 to Pg. 4, ln 14; Pg. 4, ln 34 to Pg. 5, ln 16).
Regarding Claim 6, the modified device of Zhou discloses the mask wherein a plurality of exhaust vents (A, Fig. A annotated below) is provided, wherein the plurality of exhaust vents is arranged at intervals in a circumferential direction of the valve casing (See Shou: Fig. 3); and wherein the valve plate is formed in an annular shape (See Zhou: Fig. 3), wherein an inner end (B, Fig. A annotated below) of the valve plate is fixedly connected to the valve casing.
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Figure A, Adapted from Figure 3 of Zhou.
Regarding Claim 8, the modified device of Zhou discloses the mask wherein the valve casing is detachably disposed on the mask body (See Zhou: Pg. 5, ln 5-16; Pg. 5, ln 27-30).
Regarding Claim 9, the modified device of Zhou discloses the mask wherein the valve casing is in threaded fit with the mask body (See Zhou: Pg. 5, ln 5-16; Pg. 5, ln 27-30).
Regarding Claim 10, the modified device of Zhou discloses the mask wherein the valve casing is connected to the pathogen adsorption portion (See Zhou: Fig. 1-3; Pg. 3, ln 34 to Pg. 4, ln 14; Pg. 4, ln 34 to Pg. 5, ln 16).
Regarding Claim 11, the modified device of Zhou discloses the mask wherein the breather valve further comprises a valve cover (See Zhou: 11; Fig. 2, 3), wherein the valve cover is arranged on an outer side of the valve casing (See Zhou: Fig. 1; Pg. 3, ln 34 to Pg. 4, ln 14; Pg. 4, ln 34 to Pg. 5, ln 16), and an exhaust space (C, Fig. A annotated above) is defined by the valve cover and the valve casing, and wherein the valve cover has an air vent (D, Fig. A annotated above) in communication with the exhaust space.
Regarding Claim 13, the modified device of Zhou discloses the mask wherein the valve cover is detachably connected to the valve casing (See Zhou: Pg. 5, ln 5-16; Pg. 5, ln 27-30).
Regarding Claim 14, the modified device of Zhou discloses the mask wherein the valve cover is in threaded fit with the valve casing (See Zhou: Pg. 5, ln 5-16; Pg. 5, ln 27-30).
Regarding Claim 15, the modified device of Zhou discloses the mask wherein the valve cover is connected to the pathogen adsorption portion (See Zhou: Fig. 1-3; Pg. 3, ln 34 to Pg. 4, ln 14; Pg. 4, ln 34 to Pg. 5, ln 16).
Regarding Claim 16, the modified device of Zhou discloses the mask wherein the valve plate is disposed in the exhaust space (See C, Fig. A annotated above), and wherein the valve plate has a filter layer disposed on an outer side thereof (See Zhou: Pg. 2, ln 11-13; Pg. 3, ln 1-29; Pg. 4, ln 7-11; Pg. 4, ln 34 to Pg. 5, ln 16.
Regarding Claim 19, the modified device of Zhou discloses the mask wherein a waterproof sheet is disposed outside the filter layer (Pg. 3, ln 22-29).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Peltosaari as applied to claim 3 above, and further in view of Sather et al. (U.S. Pub. No. 2011/0290256; hereinafter: “Sather”).
Regarding Claim 7, the modified device of Zhou discloses the mask of claim 3, shown above.
The modified device of Zhou does not specifically disclose the mask wherein the valve plate has a plurality of micropores, the plurality of micropores being configured to: when the wearer exhales, become larger in pore diameter and be in communication with the exhaust vent; and when the wearer inhales, become smaller in the pore diameter until the plurality of micropores is closed.
Sather teaches a valve plate (109; Fig, 1A, 1E) having a plurality of micropores (¶¶ 0084, 0111), the plurality of micropores being configured to: when the wearer exhales, become larger in pore diameter (¶¶ 0027, 0084, 0111); and when the wearer inhales, become smaller in the pore diameter until the plurality of micropores is closed (¶¶ 0027, 0084, 0111) for the purpose of ensuring the valve is closed until a pressure generated exceeds a predefined threshold pressure (¶ 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the modified device of Zhou to include the valve plate has a plurality of micropores, the plurality of micropores being configured to: when the wearer exhales, become larger in pore diameter and be in communication with the exhaust vent; and when the wearer inhales, become smaller in the pore diameter until the plurality of micropores is closed as taught by Sather for the purpose of ensuring the valve is closed until a pressure generated exceeds a predefined threshold pressure (See Sather: ¶ 0111).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Peltosaari as applied to claim 11 above, and further in view of Wade (U.S. Pub. No. 2020/0061399).
Regarding Claim 12, the modified device of Zhou discloses the mask of claim 11, shown above.
The modified device of Zhou does not specifically disclose the mask wherein a blocking cover that optionally seals the air vent is disposed on the valve cover.
Wade teaches a mask comprising a blocking cover (126; Fig. ) disposed on a valve cover (120; Fig. 3) and is configured to conditionally seal a valve (108; Fig. 4C; ¶¶ 0034, 0035, 0040) for the purpose of forcing exhaled air through the filtering mask body to prevent the spreading of the virus or pathogens through airborne upon exhalation (¶ 0040).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the modified device of Zhou to include the blocking cover that optionally seals the air vent is disposed on the valve cover as taught by Wade for the purpose of forcing exhaled air through the filtering mask body to prevent the spreading of the virus or pathogens through airborne upon exhalation (See Wade: ¶ 0040).
Allowable Subject Matter
Claims 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Prior art shown above, fails to disclose or render obvious “wherein the filter layer has a fluffy state in which the filter layer is adapted to filter incoming air from the air vent, and a compressed state in which the filter layer is air-tight and water-impermeable”, as recited in dependent claim 17.
Conclusion
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/ELLIOT S RUDDIE/Primary Patent Examiner, Art Unit 3785