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(s) filed on 06/09/2023, 11/30/2023, 10/04/2024, and 10/22/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claims
This office action is in response to the preliminary amendment filed on 12/20/2023. As directed by the preliminary amendments, claims 1, 3-4, 6-11 and 13-15 have been amended, claims 16-67 have been cancelled. As such, claims 1-15 are being examined in this application.
Drawings
The drawings are objected to because the figures are duplicated (pages 1-9 show Figs. 1-10b and pages 10-18 again show Figs. 1-10b). 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.
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, the inlet apertures of claim 15 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 Objections
Claim(s) 1, 3 and 5 are objected to because of the following informalities:
Claim 1, lines 3-4, recites “…locating the filter and the support frame in a mould; and injecting a polymeric material into the mould to form the sealing member…” but it is unclear if it is the first mould or second mould of claim 2. For clarity, claim 1 should recite ““…locating the filter and the support frame in a second mould; and injecting a polymeric material into the second mould to form the sealing member…”
Claim 3, lines 2-3, recites “…wherein when the filter is located into the mould with the support frame, the support frame extends about the periphery of the filter…” but should recite “…wherein when the filter is located into the first mould with the support frame, the support frame extends about the periphery of the filter…” for clarity as the first mould is for the support frame and the second mould is for the sealing member (as best understood from claim 2).
Claim 5, line 3, recites “…in the mould prior…” but should recite “…in the first mould prior…” for clarity as the first mould is for the support frame and the second mould is for the sealing member (as best understood from claim 2).
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gebrewold (US 20120125341 A1).
Regarding claim 1, Gebrewold teaches a method of manufacturing a filter mask (shaped filtering face-piece respirator 10, see Figs. 1-2), the filter mask comprising a support frame (support structure 16, perimeter portion 20, frame member 36 and valve assembly 38, see Figs. 1 and [0006] and [0055]), a filter (filtering structure 18, see Figs. 3-4) and a sealing member (face seal 40, see Figs. 1-2), wherein the method comprises:
locating the filter and the support frame in a mould; and
injecting a polymeric material into the mould to form the sealing member (Applicant’s specification recites “For example, the sealing member may be formed of a thermoplastic elastomer (TPE) or a thermoset elastomer, such as liquid silicone rubber (see page 14, lines 23-24).” Gebrewold teaches the face seal to be made out of thermoplastic elastomers (TPE) and further teaches overmolding the face seal element to the support structure and the filtering structure 18 as seen in [0055] and [0057]. Therefore, the support structure 16 and filtering structure 18 are located before the thermoplastic elastomer (TPE) is injected to a mold to form the face seal element as seen in [0065]),
wherein the sealing member is brought into engagement with the filter and the support frame, during injection moulding of the sealing member, in a manner that fixes the sealing member to the support frame and filter, and in a manner that fixes the relative positions of the filter and the support frame (Gebrewold teaches the face seal 40 being overmolded into the support structure 16 and filtering structure 18 and therefore teaches the face seal element 40 to be brought into engagement with support structure 16 and filtering structure 18 during the injection moulding of face seal member 40 as seen in [0055] and [0065]. As such, face seal member 40 is fixed to the support structure 16 and filtering structure 18 in such a manner that fixes the relative positions of the support structure 16 and filtering structure 18 as they are all molded together as seen in Figs. 1-2 and [0057] and [0065]).
Regarding claim 2, Gebrewold teaches the method of claim 1, and further teaches wherein the support frame is made in a preceding step of the method by injection moulding (Gebrewold teaches the support frame 16 to be made using any suitable technique including injection molding (see [0055] and [0068]), wherein the support structure is molded before the overmolding as seen in [0057]), and the method further comprises a step of transferring the support frame from a first mould in which the support frame is injection moulded to a second mould in which the sealing member is injection moulded (Gebrewold teaches using injection molding of the support structure using a single cavity mold that matches the supporting structure as seen in [0068] and injecting molding the face seal using a single cavity male and female halve that matches the geometry of the face seal structure as seen in [0074]. Gebrewold further teaches overmolding the face seal element 40 to the periphery of the support structure as seen in [0065], such that the resulting product had the face seal secured to the perimeter member of the support structure and onto the filtering structure along its periphery as seen in Figs. 1-2 and [0081]. Therefore, there is a first mold in which support structure 16 is injection molded and a second mold in which the face seal 40 is molded, in which the support structure 16 is transferred from the first mold to the second mold to be overmolded by the face seal 40).
Regarding claim 3, Gebrewold teaches the method of claim 1, and further teaches wherein when the filter is located into the mould with the support frame, the support frame extends about the periphery of the filter (Gebrewold teaches the support structure joined to the filtering structure using injection molding (see [0063]) in which the perimeter portion 20 extends about the periphery of the filter as seen in Figs. 1-2).
Regarding claim 4, Gebrewold teaches the method of claim 1, and further teaches wherein the support frame comprises a rim (perimeter portion 20, see Figs. 1) that defines an aperture through which inhaled and/or exhaled gases flow, in use (perimeter portion 20 comprises of upper portion 26 and a lower portion 28 which extends about the mask body 12 such that it defines an aperture through which gases can flow through in use as seen in Fig. 1 and [0055]).
Regarding claim 5, Gebrewold teaches the method of claim 4, and further teaches wherein the support frame comprises a shoulder extending from an inner edge of the rim, providing a surface on which the filter can be located, facilitating retention of the filter in the mould prior to injection moulding of the sealing member (Gebrewold teaches the support structure to have a mold configuration that allows the filtering structure to be placed over the male part of the mold and be held in place before molding and to have a clearance between the male and female parts of the mold to compensate for the thickness of filtering structure as seen in [0068]. Gebrewold further teaches the filtering structure 18 is adapted to properly fit within the support structure as seen in [0058]. As such, perimeter portion 20 is to comprise of a shoulder to provide a surface on which the filter can be retained/held prior the overmolding of the face seal member 40).
Regarding claim 6, Gebrewold teaches the method of claim 1, and further teaches wherein the support frame comprises one or more ribs (transversely-extending members 30, 32, and 34, see Figs. 1-2), which extend across a surface of the filter, providing support to the filter and rigidity to the mask (support structure 16 also comprises of a plurality of longitudinally-movable and generally transversely-extending members 30, 32, and 34 that extend across a surface of filtering structure 18 as seen in Fig. 1 and [0055]. Therefore, transversely-extending members 30, 32, and 34 provides support to filtering structure 18 and adds rigidity to the mask as the support structure 16 can include a plastic that exhibits a stiffness of 75-300 MPa as seen in Fig. 1 and [0055]).
Regarding claim 7, Gebrewold teaches the method of claim 1, and further teaches wherein the filter that is located in the mould in the method of manufacture comprises a filter substrate only (Gebreworld teaches a filtering structure 18 to be joined to the support structure 16 using injection molding in which the mold design can include a clearance between the male and female parts of the mold to compensate for the thickness of filtering structure as seen in [0063] and [0068], wherein the filtering structure 18 comprises of only filtration layers as seen in [0058]).
Regarding claim 8, Gebrewold teaches the method of claim 1, and further teaches wherein the support frame and the filter are not fixed or bonded together prior to injection moulding of the sealing member (Gebrewold teaches the filtering structure 18 to be adapted or fitted to the support structure as seen in [0058], however, they are not fixed or bonded together until face seal element 40 is overmolded onto the support structure and filtering structure 18 as seen in Fig. 3 and [0055] and [0081]).
Regarding claim 9, Gebrewold teaches the method of claim 1, and further teaches wherein, during injection moulding of the sealing member, a portion of the sealing member adheres aligned edges of the filter and the support frame (Gebrewold teaches face seal element 40 to overmold onto the perimeter structure 25 of the support structure 16 and filtering structure 18 such that the overmolded face seal essentially surrounds the perimeter structural member 25 so that very little to no portion is visible from the exterior as seen [0057] and [0081]. Therefore, during injection molding of the sealing member (see [0065]), face seal element 40 adheres aligned edges of filtering structure 18 and support structure 16 as seen in Figs. 1-3).
Regarding claim 10, Gebrewold teaches a filter mask (shaped filtering face-piece respirator 10, see Figs. 1-2) manufactured according to the method as claimed in Claim 1 (see claim 1 rejection above).
Regarding claim 11, Gebrewold teaches a filter mask (shaped filtering face-piece respirator 10, see Figs. 1-2) comprising a support frame (support structure 16, perimeter portion 20 and frame member 36, see Figs. 1 and [0006] and [0055]), a filter (filtering structure 18, see Figs. 3-4) and a sealing member (face seal 40, see Figs. 1-2), wherein the sealing member is fixed to the support frame and the filter, and fixes the relative positions of the filter and the support frame (Gebrewold teaches the face seal 40 being overmolded into the support structure 16 and filtering structure 18 and therefore teaches the face seal element 40 to be fixed to the support structure 16 and filtering structure 18 seen in [0055] and [0065]. As such, face seal member 40 is fixed to the support structure 16 and filtering structure 18 in such a manner that fixes the relative positions of the support structure 16 and filtering structure 18 as they are all molded together as seen in Figs. 1-2 and [0057] and [0065]).
Regarding claim 12, Gebrewold teaches the mask of claim 11, and further teaches wherein the support frame and the filter together define a mask body, which forms a cavity for the accommodation of the wearer's mouth and nose (support structure 16 and filtering structure 18 define a mask body (see [0031]), wherein the mask body is to be worn over the nose and mouth of a person as seen in Figs. 1-2 and [0055]).
Regarding claim 13, Gebrewold teaches the mask of claim 11, and further teaches wherein an external face of the support frame comprises a shield (frame member 36 and exhalation valve 38, see Fig. 1), which extends over at least part of a surface of the filter (frame member 36 and valve cover 80 of exhalation valve 38 extends over at least a part of filtering structure 18 as seen in Figs. 1 and 8).
Regarding claim 14, Gebrewold teaches the mask of claim 11, and further teaches wherein the shield is separated from the filter, such that air may flow between the shield and the filter before the air is drawn through the filter by the wearer during inhalation (exhalation valve 38 and valve cover 80 is separated from the filtering structure 18 as seen in Figs. 1 and 8 to allow air to flow between valve cover 80 and the filtering structure 18 before air is drawn through filtering structure 18).
Regarding claim 15, Gebrewold teaches the mask of claim 11, and further teaches wherein one or more inlet apertures, through which air may be drawn by a wearer inhaling, is defined between an edge of the shield and the support frame (Gebrewold teaches one or more inlet apertures between an edge of frame member 36, perimeter portion 20 and generally transversely-extending members 32 and 34 as seen in Fig. 1, where air may be drawn by a wearer inhaling).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Baek (US 20170021204 A1) teaches a filter protection member to protect and support the filter.
Metzger (US 20010050081 A1) teaches a protective spark cover for attaching to and protecting the filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785