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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Fig. 4 “400” is not mentioned in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 Objections
Claims 1, 10, and 20 are objected to because of the following informalities:
In claim 1 line 5, the term “filter chamber.” should read “filter chamber;” in order to remove the period used incorrectly the claim. See MPEP 608.01(m) “Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995).”
Claim 1 is additionally objected to because the terms: (1) “the first outer filter chamber that opens with an exhale of the person and conveys exhaled air” (ln. 8-9); and (2) “the second outer filter chamber that opens with an inhale of the person and coneys… with the inhale” (lines 11-13) should use claim language such as --adapted to-- or --configured to-- in order to avoid any possible interpretation of claiming a human organism in violation of 35 USC 101 or any possible interpretation of the claim being directed to a method of using the device instead of the device itself.
Claims 10 and 20 are objected to because the terms “closes with an inhale of the person” (ln. 1-2 of both claims) and “closes with an exhale of the person” (ln. 2 of both claims) should use claim language such as --adapted to-- or --configured to-- in order to avoid any possible interpretation of claiming a human organism in violation of 35 USC 101 or any possible interpretation of the claim being directed to a method of using the device instead of the device itself.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (US 2004/0226563; hereinafter referred to as “Xu”).
Regarding claim 1, Xu discloses a mask for separately filtering inhaled and exhaled air (face mask 150, Figs. 5-6), comprising:
a core mask for covering the nose and mouth of a person's face that creates an airtight core chamber between the core mask and the person's face (face mask 150 covers nose and mouth of the wearer [0078], with face seal 160 forming a leak-free seal [0080]);
a first outer filter chamber enclosing a first volume of air that filters any air that passes from the first outer filter chamber through a wall of the first outer filter chamber (exhalation device 156, comprising filter medium 164).
a second outer filter chamber enclosing a second volume of air that filters any air that passes into the second outer filter chamber through a wall of the second outer filter chamber (inhalation device 158, comprising filter medium 112 [0089], seemingly mislabeled as actually being “172” in Fig. 8);
a first one-way check valve located between the core mask and the first outer filter chamber that opens with an exhale of the person and conveys exhaled air from the core chamber to the first outer filter chamber with the exhale (Fig. 7 valve 168, [0087-88] “Valve 168 permits exhaled air to pass therethrough but will close up during inhalation”, and both filter 164 and valve 168 can be included in the design of exhalation device 156) ; and
a second one-way check valve located between the core mask and the second outer filter chamber that opens with an inhale of the person and conveys air from the second outer filter chamber to the core chamber with the inhale (Fig. 8 valve 176, improperly described as “valve 116” in [0089-90], but functional as a valve in Fig. 8 regardless. And, [0090] “Valve 116 is provided for permitting filtered air to pass therethrough but will close up during exhalation, such that no exhalation air passes therethrough”) .
Regarding claim 2, Xu discloses the first one-way check valve and the second one- way check valve are part of the core mask (Fig. 5 includes exhalation and inhalation devices 156, 158, wherein valves 168 and 116/176 are within these devices on mask 150).
Regarding claim 3, Xu discloses the first one-way check valve and the second one- way check valve are positioned vertically on the core mask and the second one-way check valve is located above the first one-way check valve (Fig. 5 inhalation device 158 is located at least partially vertically above exhalation device 156, both of which include respective valves 168 and 116/176. Additionally, [0081] separation piece 154 inside mask 150 allows “the gas communication between the two chambers is minimized and such that inhalation air stream and exhalation air stream can be separated”, meaning the inhalation device 158 would be oriented more towards the nose portion 152a and the exhalation device would be oriented more towards the mouth portion 152b as is shown in the figures).
Regarding claim 4, Xu discloses the first one-way check valve and the second one- way check valve are positioned horizontally on the core mask (Fig. 5 inhalation device 158 and exhalation device 156 are horizontally spaces apart on mask 150, both of which include respective valves 168 and 116/176).
Regarding claim 5, Xu discloses a first outer mask covering a portion of the core mask that includes the first one-way check valve forms the first outer filter chamber between the core mask and the first outer mask (Filter housing 162 covers a portion of the outer side of mask 150, and includes the structure of valve 168 and filter medium 164), and a second outer mask covering a portion of the core mask that includes the second one-way check valve forms the second outer filter chamber between the core mask and the second outer mask (Filter housing 110 [0089], seemingly mislabeled as actually being “170” in Fig. 8, and covers a portion of the outer side of the mask 150, and includes the structure of valve 116/176 and filter medium 112/172).
Regarding claim 6, Xu discloses a space between the first outer mask and the second outer mask (Fig. 5 the exhalation device 156 is physically separated from the inhalation device 158, with a space between them on the mask 150).
Regarding claim 7, Xu discloses a covering for the space that forms a third chamber between the first outer mask and the second outer mask in order to maintain a constant shape for the mask (face piece 152 comprising nose, mouth chambers 152a,b in the space between the inhalation, exhalation devices 158, 156. Also maintains cup shaped configuration), where walls that form the third chamber are airtight to prevent airflow through the third chamber (walls are formed with face piece 152 which is integrally molded as a whole with seal 160, forming a leak-free seal with the wearer’s face [0080], thus providing the chambers of the mask 150 are airtight from airflow except when passing through devices 156, 158).
Regarding claim 8, Xu discloses the first one-way check valve is part of the first outer filter chamber (Valve 168 is in exhalation device 156) and the second one-way check valve is part of the second outer filter chamber (Valve 116/176 is in inhalation device 158).
Regarding claim 9, Xu discloses the first one-way check valve of the first outer filter chamber is used to connect the first outer filter chamber to the core mask (Fig. 7 valve 168 connects between housing 162 of exhalation device 156 and face piece 152 material of mask 150), and the second one-way check valve of the second outer filter chamber is used to connect the second outer filter chamber to the core mask (Fig. 8 valve 176/116 connects between housing 170/110 of inhalation device 158 and face piece 152 material of mask 150).
Regarding claim 10, Xu discloses the first one-way check valve closes with an inhale of the person ([0087-88] “Valve 168 permits exhaled air to pass therethrough but will close up during inhalation”) and the second one-way check valve closes with an exhale of the person (Valve 116/176; [0090] “Valve 116 is provided for permitting filtered air to pass therethrough but will close up during exhalation, such that no exhalation air passes therethrough”).
Regarding claim 11, Xu discloses a method for separately filtering inhaled and exhaled air using a mask (face mask 150, Figs. 5-6), comprising:
when a person exhales, expelling exhaled air from a core mask (face mask 150 covers nose and mouth of the wearer) to a first outer filter chamber (exhalation device 156, comprising filter medium 164) using a first one-way check valve located between the core mask and the first outer filter chamber (Fig. 7 valve 168, [0087-88] “Valve 168 permits exhaled air to pass therethrough but will close up during inhalation”, and both filter 164 and valve 168 can be included in the design of exhalation device 156), wherein the core mask covers the nose and mouth of a person's face and creates an airtight core chamber between the core mask and the person's face (face mask 150 covers nose and mouth of the wearer [0078], with face seal 160 forming a leak-free seal [0080]) and wherein the first outer filter chamber encloses a first volume of air and filters any air that passes from the first outer filter chamber through a wall of the first outer filter chamber (The volume of air within exhalation device 156’s housing 162 must pass through filter medium 164); and
when a person inhales, drawing air from a second outer filter chamber to the core mask (face mask 150 covers nose and mouth of the wearer; where there is inhalation device 158, comprising filter medium 112 [0089], seemingly mislabeled as actually being “172” in Fig. 8) using a second one-way check valve located between the core mask and the second outer filter chamber (Fig. 8 valve 176, improperly described as “valve 116” in [0089-90], but functional as a valve in Fig. 8 regardless. And, [0090] “Valve 116 is provided for permitting filtered air to pass therethrough but will close up during exhalation, such that no exhalation air passes therethrough”), wherein the second outer filter chamber encloses a second volume of air and filters any air that passes into the second outer filter chamber through a wall of the second outer filter chamber (The volume of air within inhalation device 158’s housing 170/110 must pass through filter medium 172/112).
Regarding claim 12, Xu discloses the first one-way check valve and the second one- way check valve are part of the core mask (Fig. 5 includes exhalation and inhalation devices 156, 158, wherein valves 168 and 116/176 are within these devices on mask 150).
Regarding claim 13, Xu discloses the first one-way check valve and the second one- way check valve are positioned vertically on the core mask and the second one-way check valve is located above the first one-way check valve (Fig. 5 inhalation device 158 is located at least partially vertically above exhalation device 156, both of which include respective valves 168 and 116/176. Additionally, [0081] separation piece 154 inside mask 150 allows “the gas communication between the two chambers is minimized and such that inhalation air stream and exhalation air stream can be separated”, meaning the inhalation device 158 would be oriented more towards the nose portion 152a and the exhalation device would be oriented more towards the mouth portion 152b as is shown in the figures).
Regarding claim 14, Xu discloses the first one-way check valve and the second one- way check valve are positioned horizontally on the core mask (Fig. 5 inhalation device 158 and exhalation device 156 are horizontally spaces apart on mask 150, both of which include respective valves 168 and 116/176).
Regarding claim 15, Xu discloses a first outer mask covering a portion of the core mask that includes the first one-way check valve forms the first outer filter chamber between the core mask and the first outer mask (Filter housing 162 covers a portion of the outer side of mask 150, and includes the structure of valve 168 and filter medium 164), and a second outer mask covering a portion of the core mask that includes the second one-way check valve forms the second outer filter chamber between the core mask and the second outer mask (Filter housing 110 [0089], seemingly mislabeled as actually being “170” in Fig. 8, and covers a portion of the outer side of the mask 150, and includes the structure of valve 116/176 and filter medium 112/172).
Regarding claim 16, Xu discloses a space between the first outer mask and the second outer mask (Fig. 5 the exhalation device 156 is physically separated from the inhalation device 158, with a space between them on the mask 150).
Regarding claim 17, Xu discloses a covering for the space that forms a third chamber between the first outer mask and the second outer mask in order to maintain a constant shape for the mask (face piece 152 comprising nose, mouth chambers 152a,b in the space between the inhalation, exhalation devices 158, 156. Also maintains cup shaped configuration), where walls that form the third chamber are airtight to prevent airflow through the third chamber (walls are formed with face piece 152 which is integrally molded as a whole with seal 160, forming a leak-free seal with the wearer’s face [0080], thus providing the chambers of the mask 150 are airtight from airflow except when passing through devices 156, 158).
Regarding claim 18, Xu discloses the first one-way check valve is part of the first outer filter chamber (Valve 168 is in exhalation device 156) and the second one-way check valve is part of the second outer filter chamber (Valve 116/176 is in inhalation device 158).
Regarding claim 19, Xu discloses the first one-way check valve of the first outer filter chamber is used to connect the first outer filter chamber to the core mask (Fig. 7 valve 168 connects between housing 162 of exhalation device 156 and face piece 152 material of mask 150), and the second one-way check valve of the second outer filter chamber is used to connect the second outer filter chamber to the core mask (Fig. 8 valve 176/116 connects between housing 170/110 of inhalation device 158 and face piece 152 material of mask 150).
Regarding claim 20, Xu discloses the first one-way check valve closes with an inhale of the person ([0087-88] “Valve 168 permits exhaled air to pass therethrough but will close up during inhalation”) and the second one-way check valve closes with an exhale of the person (Valve 116/176; [0090] “Valve 116 is provided for permitting filtered air to pass therethrough but will close up during exhalation, such that no exhalation air passes therethrough”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Bulbulian (US 2,348,108) is cited to show a mask with multiple air chambers and check valve.
Jewitt et al. (US 2021/0393997), Patterson (US 2009/0065006), Patterson (US 2008/0245364), and Japuntich et al. (US 6,584,976) are cited to show a mask with separate devices to filter inhaled and exhaled air.
Tao et al. (US 10,478,667) is cited to show a mask with inhalation air filtration device and one-way valve for controlled exhalation.
Chi (US 11,583,709) is cited to show a face mask with a separating peripheral wall, creating mouth and nose chambers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GWYNNETH L HOWELL whose telephone number is (703)756-4742. The examiner can normally be reached 8:30-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tim Stanis can be reached at (571) 272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GWYNNETH L HOWELL/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785