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 .
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 12 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 12 recites the limitation "the middle portion”. There is insufficient antecedent basis for this limitation in the claim. Additionally, the claims should recite “a plurality of sealing insertion portions” (emphasis added).
Claim Rejections - 35 USC § 102
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- 3, 8 – 10, 12 – 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (KR 20180009326 A; see provided machine translation).
1. Shin discloses a mask device comprising: a mask cover (130) having an air suction opening for suctioning air (cover 130 has a truncated shape forming openings 118a, 118b, see Fig. 6, p. 3, para. 6); a mask body coupled to the mask cover (110, see Fig. 1), having a fan module fixed thereto for flowing air introduced into the air suction opening (150, see Figs. 2 and 3, p. 7, third para after “drawing description”, p. 3, last para), and has air discharge opening for
ejecting the air flowing by means of the fan module (114, p. 3, last para, p. 4, last para, whereby the fan generated air flowing through gaps 118 and past cover 130 is ejected through opening 114 to the inside of the mask) and an air outlet for discharging the air to an outside of the mask (125, see p. 4, para 5); and a sealing portion separably coupled to a rear surface of the mask body (120 and 140, see p. 4, para 6), and having a first body coupling portion supported on an upper portion of the mask body and a second body coupling portion supported on a lower portion of the mask body (see Fig. 1, sealing front portion 120 is coupled to the upper and lower portions of mask body 110; see also Figs. 4 and 7 illustrating upper/lower screw holes, p. 4, para 5), wherein a sealing insertion portion is formed on the sealing portion so that a portion thereof is inserted into the air discharge opening and supported in the mask body (see unlabeled portion corresponding and fitting into opening 114 in Fig. 7 and annotated figure below, “SIP”; see also the bottom and top part of the sealing insertion portion inserted into ridges of the air discharge opening in the cross-section illustrated in Fig. 8; see also p. 4, last para).
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2. Shin discloses the mask device of claim 1, wherein the sealing portion includes:
a sealing front portion contacting a rear surface of the mask body and having a front opening formed therein (portion 120 with opening 129, see Fig, 10); a sealing side portion extending rearward from the sealing front portion (see Fig. 8, side portion of 140); and a sealing rear portion connected to the sealing side portion and having a rear opening formed therein (see Fig. 8, rear portion of 140 forming an opening on the face of the wearer).
3. Shin discloses the mask device of claim 2, wherein the first body coupling portion and the second body coupling portion are formed on the sealing front portion (see Figs. 4 and 7 illustrating upper/lower screw holes on sealing front portion 120, p. 4, para 5).
8. Shin discloses the mask device of claim 3, wherein the second body coupling
portion includes: a protrusion portion protruding forward from the sealing front portion; and
a bent portion bent downward at an end portion of the protrusion portion (see various bent protrusions corresponding to the second coupling portion, and unlabeled on the right side of Fig. 7).
9. Shin discloses the mask device of claim 8, wherein the mask body includes a second sealing coupling portion formed by a sealing coupling opening to insert the protrusion portion and the bent portion into the mask body (see p. 5, para 1, the bent protrusions hold PCB 152, where the PCB forms an opening with respect to edges on mask body 110, and the bent protrusions are inserted thereby stably holding the PCB).
10. Shin discloses the mask device of claim 3, wherein a plurality of first body coupling portions are provided to be spaced apart from the upper portion of the sealing front portion to both sides, and wherein a plurality of second body coupling portions are provided to be spaced apart from the lower portion of the sealing front portion to both sides (see Figs. 4 and 7 illustrating plurality of spaced upper/lower screw holes spanning the sealing front portion 120, p. 4, para 5).
12. Shin discloses the mask device of claim 1, wherein a plurality of sealing insertion portion are provided to be spaced apart from the middle portion to both sides of the sealing front portion (examiner considers front, bottom, and side portions of the identified “SIP” in the attachment below as different sealing insertion portions, which are spaced apart from the middle portion because they are above a middle portion of the mask).
13. Shin discloses the mask device of claim 2, wherein the front opening is formed to surround the air discharge opening and the air outlet, wherein the rear opening is formed to surround the user's mouth and nose, and wherein a breathing space is defined in a space between the front opening and the rear opening (see Figs. 8, 10, and 12).
15. The mask device of claim 2, further comprising: a sealing contact portion protruding forward from the sealing front portion and interposed between the sealing front portion and the rear surface of the mask body (see p. 5, para 1, the bent protrusions hold PCB 152, where the PCB forms an opening with respect to edges on mask body 110, and the bent protrusions are inserted thereby contacting the PCB).
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) 4 - 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin.
4. Shin discloses the mask device of claim 3, wherein the first body coupling portion is separably coupled to the rear surface of the mask body (see p. 4, para 6), but does not disclose the coupling is by magnetic force. Nonetheless, Shin discloses that different mask components may be coupled via magnetic force, see p. 4, para 3. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the first body coupling of Shin to include a magnetic force within the coupling for the benefit of facilitating assembly and disassembly.
5. Shin discloses the mask device of claim 4. Shin does not disclose wherein a magnet member is provided on one of the mask body and the first body coupling portion, and wherein a metal member coupled to the magnet member or another magnet member is provided to the other one of the mask body and the first body coupling portion. Nonetheless, Shin discloses wherein a magnet member is provided on one of the mask body and a first body coupling component, and wherein a metal member coupled to the magnet member or another magnet member is provided to the other one of the mask body and the first body coupling component (see p. 4, para. 3). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the first body coupling of Shin to furthermore include a magnet/iron configuration within the magnetic coupling for the benefit of facilitating assembly and disassembly. Upon providing the modification as described, Shin renders obvious a magnet member is provided on one of the mask body and the first body coupling portion, and wherein a metal member coupled to the magnet member or another magnet member is provided to the other one of the mask body and the first body coupling portion.
Claim(s) 6 - 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Paden (US 20110084474).
6. The modified Shin discloses the mask device of claim 5. However, Shin does not disclose wherein the mask body is provided with a first sealing coupling portion to which the magnet member is fixed, wherein the first body coupling portion includes: a body protruding forward from the sealing front portion; an insertion guide provided inside the body; and, an insertion hole formed between the body and the insertion guide into which the metal member is inserted. In the same field of endeavor and reasonably pertinent art of magnetic couplings, Paden discloses wherein a first insertion body (50; see Figs. 1a - 3b) is provided with a first sealing coupling portion (51) to which the magnet member is fixed (ferromagnet 82), wherein a first body coupling portion (20) includes: a body protruding forward from a front portion (21 protruding forward from 26); an insertion guide provided inside the body (89); and, an insertion hole formed between the body and the insertion guide into which the metal member is inserted (ferromagnet 81, 83, 84, which is metallic material, and fits into the hole between the body 21 and guide 89 as described in [0081]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to provide the magnetic coupling of Shin according to the male/female magnet surrounded by ferromagnet coupling described in Paden for the benefit of reinforcing the magnetic connection by combining it with mechanical male/female insertion, as well as for a strong yet operationally detachable magnetic connection, see [0002], [0006].
7. The modified Shin discloses the mask device of claim 6, wherein the metal member is formed such that both end portions are bent in one direction (see Paden, both end portions 83 are bent at 81), and wherein fixing protrusions engaged and fixed to the insertion holes are formed at both bent end portions (the bent end portions segue to fixing protrusion 81, which fill up the insertion hole or gap formed by 89 as illustrated in Paden, see Figs. 1a - 3c; there are a plurality of fixing protrusions and insertion holes because there are a plurality of magnetic couplings, as discussed in Shin above, see p. 4, para. 3).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Lewis (US 4799477).
14. Shin discloses the mask device of claim 2, but does not disclose wherein a plurality of ventilation holes are formed in the sealing rear portion. Lewis discloses wherein a plurality of ventilation holes are formed in the sealing rear portion (see Figs. 3 and 4). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the seal of Shin to include holes, as taught in Lewis, for the benefit of venting of exhaled gases outside the seal so as to create a barrier based on the increased mask pressure, see c. 1: 12 - 18, and additionally for increasing the comfort of the wearer by reducing the surface area of resin material in contact with skin.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 3 and 12 – 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. US 12214229 (hereinafter ‘229) in view of Kim (US 20200206545).
1. ‘229 discloses a mask device comprising: a mask cover (c. 26: 1 – 2); a mask body coupled to the mask cover (c. 29: 59, c. 26: 1 – 2), having a fan module fixed thereto for flowing air (c. 26: 3 – 5), and has air discharge opening for ejecting the air flowing by means of the fan module and an air outlet for discharging the air to the outside (c. 26: 7 – 8); and a sealing portion (c. 25: 59 – 63). ‘229 discloses a sealing insertion portion inserted into the air discharge opening in claim 9, where the air discharge opening corresponds to the middle portion of the mask body and forms a spaced pair, as illustrated in Fig. 4 of Kim.
However, ‘229 does not disclose the mask cover having an air suction opening for suctioning air for flowing air introduced into the air suction opening, and the sealing portion separably coupled to a rear surface of the mask body having a first body coupling portion supported on an upper portion of the mask body and a second body coupling portion supported on a lower portion of the mask body. Nonetheless, Kim discloses a mask cover (12, 22, and 42, which together cover the mask) having an air suction opening for suctioning air (221, 421, [0052]); and a sealing portion separably coupled to a rear surface of the mask body (15, see [0084], Fig. 4), and having a first body coupling portion supported on an upper portion of the mask body and a second body coupling portion supported on a lower portion of the mask body (upper portion of the seal 15 connected to the mask body, and lower portion of the seal 15 connected to the mask body, whereby both portions are coupled as illustrated in Fig. 3, so as to seal the gap between mask body and the user’s face as disclosed in [0084]; see also additional discussion in [0085 – 0091]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the mask cover of ‘229 according to air suction opening Kim for the predictable result of admitting air into the mask. It additionally would have been obvious to modify the sealing portion of ‘229 according to the releasable sealing with upper and lower coupling portions as taught in Kim for the predictable result of sealing the gap between the mask body and the user’s face, while allowing for easy cleaning.
‘229 in view of Kim furthermore render obvious dependent claims 2, 3, 12, and 13 of the instant claims.
Claims 1 – 3 and 12 - 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 12, and 15 of U.S. Patent No. US 12090348 (hereinafter ‘348) in view of Kim.
1. ‘348 discloses a mask device comprising: a mask cover having an air suction opening for suctioning air (c. 25: 29 – 32); a mask body coupled to the mask cover (c. 25: 22), having a fan module fixed thereto for flowing air introduced into the air suction opening (c. 25: 25 – 28), and has air discharge opening for ejecting the air flowing by means of the fan module (c. 25: 50) and a sealing portion (c. 26: 63 – 68, claim 11). ‘348 discloses a sealing insertion portion inserted into the air discharge opening (claim 12 of ‘348), where the air discharge opening corresponds to the middle portion of the mask body and forms a spaced pair (claim 15 of ‘348).
However, ‘348 does not disclose an air outlet for discharging the air to the outside; and a sealing portion separably coupled to a rear surface of the mask body, and having a first body coupling portion supported on an upper portion of the mask body and a second body coupling portion supported on a lower portion of the mask body. However, Kim discloses an air outlet for discharging the air to the outside (112, see [0216, 0217]); and a sealing portion separably coupled to a rear surface of the mask body, and having a first body coupling portion supported on an upper portion of the mask body and a second body coupling portion supported on a lower portion of the mask body (upper portion of the seal 15 connected to the mask body, and lower portion of the seal 15 connected to the mask body, whereby both portions are coupled as illustrated in Fig. 3, so as to seal the gap between mask body and the user’s face as disclosed in [0084]; see also additional discussion in [0085 – 0091]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the mask cover of ‘229 according to the air outlet Kim for the predictable result of allowing the user to exhale. It additionally would have been obvious to modify the sealing portion of ‘229 according to the releasable sealing with upper and lower coupling portions as taught in Kim for the predictable result of sealing the gap between the mask body and the user’s face, while allowing for easy cleaning.
‘348 in view of Kim furthermore render obvious dependent claims 2, 3, 12, and 13 of the instant claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and dependents therein have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner notes that the terminal disclaimer is disapproved per the decision dated 06/15/2026.
Accordingly, claim 1 and dependents therein have been rejected as outlined in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H PHILIPS whose telephone number is (571)270-5180. The examiner can normally be reached 8:00 - 5:00 M-F.
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, 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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/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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