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 because all of the lead lines, reference numerals, and drawing outlines in figs. 1-8 are faded and dotted. Every line must be durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined. Additionally, the weight of all lines must be heavy enough to permit adequate reproduction. See 37 C.F.R. 1.84(l).
Furthermore, the drawings are objected to because figs. 2 and 7 contain an assembly having a plurality of parts, some form of connection to indicate that all of the parts are part of the same assembly is missing. A connecting axis or bracket is needed to shows that the plurality of parts are part of the same assembly. See 37 C.F.R. 1.84(h)(1).
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains phrases that are implied (i.e., the term “present disclosure discloses” in line 1 of the abstract). Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: the specification includes section headings which are bolded. Section headings are required to be in all upper case font with no bold text. See MPEP 37 C.F.R. 1.154(c).
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
In claim 1, lines 8-9, the term “a breather assembly (200), which is provided with an air inlet channel (210) and a second air outlet channel (220) which are spaced from each other” is suggested to be changed to --a breather assembly (200), the breather assembly is provided with an air inlet channel (210) and a second air outlet channel (220), the air inlet channel (210) and the second air outlet channel (220) are spaced from each other-- in order to clarify the claim.
In claim 8, line 3, the term “the eyes” is suggested to be changed to --a pair of eyes-- in order to clarify the claim.
In claim 8, line 4, the term “the nose and mouth” is suggested to be changed to --a nose and a mouth-- in order to clarify the claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the limitation “a clamping structure is arranged between the second connector (204) and the air tube (202), and the second connector (204) is detachably connected with the air tube (202) through the clamping structure” (claim 6, lines 1-3, the term “structure” is a generic placeholder and the function is “clamping” and “the second connector (204) is detachably connected with the air tube (202) through the clamping structure”).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2-7 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 pre-AIA the applicant regards as the invention.
Regarding claim 2, the limitation “the other end” (line 4) lacks proper antecedent basis.
Regarding claim 2, the limitation “a side wall” (line 7) is unclear as to what the structural relationship between the diving mask and the side wall is.
Any remaining claims are rejected for their dependency on a rejected base claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Le Gall (2022/0135193).
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Regarding claim 1, Le Gall discloses a diving mask (entire diving mask 1 in figs. 1-4, paragraphs 0048-0085), comprising: a mask assembly (2, 6, 8, 22, 11, 12, 20, 16, 18, 14, 10, fig. 1, paragraphs 0048-0066), which is provided with an accommodating cavity (chambers 16 and 18, fig. 1, paragraph 0058) and a first air outlet channel (the first air duct fluidly connected to the exhaust channel 44 that extends into the chamber 16/18, fig. 3, paragraphs 0068-0069 and 0073, furthermore, see paragraphs 0051, 0059 regarding the frame 6 comprise a first duct for exhaled air and a first duct for inhaled air, the ducts are three dimensional and would arranged along a circumferential direction of the cavity 16/18, furthermore, see the positions of the air inlet and out outlet relative to the chambers/cavities 16 and 18 in paragraphs 0062-0064), wherein the first air outlet channel is arranged along a circumferential direction of the accommodating cavity; a wall surface of the accommodating cavity is provided with a first air inlet and an air outlet (see paragraphs 0051, 0059, 0062-0064 and 0068, Le Gall discloses that the frame 6 comprises a first duct for the exhaust channel 44 and a first duct for the inlet channel 42, the opening of the first duct for the exhaust channel is the air outlet and the opening for the first duct for the intake channel 42 is the air inlet, which would be formed by a wall of frame 6); and the first air outlet channel is communicated with the accommodating cavity through the air outlet (see paragraphs 0051, 0059, 0062-0064 and 0068, see the explanation above, the air outlet is the opening of the first duct of frame 6 that is fluidly connected to the exhaust channel 44, therefore, the first air outlet channel (first duct corresponding to the channel 44) is communicated with the accommodating cavity through the air outlet); and a breather assembly (4, figs. 1-3, paragraphs 0048-0085), which is provided with an air inlet channel (42, channel within 28 and channel within 30, figs. 3-4, paragraphs 0068-0069 and 0073, see the annotated-Le Gall fig. 4 above) and a second air outlet channel (44, fig. 3, paragraphs 0068-0069 and 0073) which are spaced from each other, wherein the air outlet is communicated with the second air outlet channel (see paragraphs 0051, 0059, 0063-0064 and 0068, see the explanation above, the air outlet is the opening of the first duct of frame 6 that is fluidly connected to the exhaust channel 44, therefore, the air outlet (opening of the first duct corresponding to the channel 44) is communicated with the second air outlet channel 44); and the air inlet channel is communicated with the first air inlet (see paragraphs 0051, 0059, 0063-0064 and 0068, see the explanation above, the air inlet is the opening of the first conduit of frame 6 that is fluidly connected to the intake channel 42, therefore, the first air inlet is communicated with the air inlet channel 42).
Regarding claim 2, Le Gall discloses that the air inlet channel comprises a first channel, a second channel, and a third channel (see the annotated-Le Gall fig. 4 above); the first channel and the third channel are arranged side by side (see the annotated-Le Gall fig. 4 above, paragraphs 0067-0085); one end of the second channel is communicated with the first channel, and the other end is communicated with the third channel (see the annotated-Le Gall fig. 4 above); a second air inlet (see opening 38 of 36, fig. 4, paragraphs 0067, 0070-0071, 0074, 0076-0077 and 0082) is formed in a connection between the third channel and the second channel (see the annotated-Le Gall fig. 4 above); and the third channel is provided with a third air inlet (see air inlet 32 formed on a sidewall of 4, fig. 3, paragraphs 0067 and 0073) in a side wall.
Regarding claim 3, Le Gall discloses that the breather assembly comprises a floating ball member (40, figs. 2-4 and paragraphs 0067 and 0071-0076); the floating ball member is accommodated in the third channel (see the annotated-Le Gall fig. 4 above) and moves along an axial direction of the third channel (see the annotated-Le Gall fig. 4 above with reference to fig. 2); and the floating ball member is used for blocking or opening the second air inlet (figs. 2-4 and paragraphs 0067-0086, Le Gall discloses that 40 is used to open the second air inlet and under a particular condition, is used to block the second air inlet (specifically see paragraph 0071)).
Regarding claim 4, Le Gall discloses that the floating ball member (40) is provided with an anti-suffocation hole (hole formed by 47, figs. 2-4 and paragraphs 0071-0086) along an axial direction of the floating ball member, and the anti-suffocation hole penetrates through the floating ball member (see figs. 2-4).
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Regarding claim 5, Le Gall discloses that the breather assembly further comprises an air tube (see the annotated-Le Gall fig. 3 above, the air tube is formed by wall 24), a first connector (36, figs. 2-4), and a second connector (26, fig. 4, paragraphs 0067 and 0070); the second connector (26) is connected to one end of the air tube (see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4); the first connector (36) is sandwiched between the air tube and the second connector (see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4); the first channel and the third channel are both arranged to the air tube (see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4); the second channel is arranged to the second connector (26, see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4); the first connector is provided with a blocking portion and an avoiding port (see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4); the blocking portion covers and seals one end of the second outlet channel (see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4); the first channel is communicated with the second channel through the avoiding port; and the second air inlet (inlet formed at 38) is arranged in the first connector (see the annotated-Le Gall fig. 3 above with reference to figs. 2 and 4, paragraphs 0048-0086).
Regarding claim 8, Le Gall discloses that the accommodating cavity comprises an upper cavity (16, fig. 1, paragraphs 0058-0059 and 0062-0064) and a lower cavity (18, fig. 1, paragraphs 0058-0059 and 0062-0064) communicated with the upper cavity (communicated via valve 22, fig. 1, paragraphs 0062-0064); the upper cavity (16) is used for accommodating the eyes of a diver (paragraph 0058); the lower cavity (18) is used for accommodating the nose and mouth of the diver (paragraph 0058); the first air inlet is formed in the upper cavity; and the air outlet is formed in the lower cavity (see paragraphs 0062-0064, the partition 14 includes check valves that allow only a flow of fresh air directed from the upper chamber 16 to the lower chamber 18 during a phase of inhalation of the user and that during exhalation phase, the exhaled air has the effect of closing the check valves 22, which as the effect of preventing the exhaled air from passing from the lower chamber 18 to the upper chamber 16, the exhaled air will therefore be conveyed from the lower chamber 18 snorkel 5 by the first duct for the exhaled air and during an inhalation phase, the pressure drop which occurs in the lower chamber 18 has the effect of opening the check valves 22, whereby the fresh air can flow from the snorkel 4 to the lower chamber 18 by passing through the first duct for the inhaled air and the upper chamber 16).
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Regarding claim 9, Le Gall discloses a side wall (wall formed by partition 14, fig. 1, paragraphs 0058-0062) of the lower cavity (18) is provided with a drainage valve (12, fig. 1, paragraph 0056); the mask assembly is connected with a blocking piece (the blocking piece formed by 6b and also see alternative blocking piece, relative to the view/angle, the portion being pointed to are physical portion that block the valve at a particular direction, fig. 1, paragraphs 0050 and 0056); and the blocking piece is used for blocking the drainage valve (see the annotated-Le Gall fig. 1 above).
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Le Gall (2022/0135193).
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Regarding claim 1, Lin discloses a diving mask (entire diving mask in figs. 1-2), comprising: a mask assembly (10, 9, 8, 11, 12, 7, 13, 14, 15 and 16, paragraphs 0038-0039 of the English translation), which is provided with an accommodating cavity (cavity within the mask where the user put the user’s face, see paragraphs 0038-0039) and a first air outlet channel, wherein the first air outlet channel is arranged along a circumferential direction of the accommodating cavity (see the annotated-Lin fig. 1 above and paragraphs 0038-0043); a wall surface of the accommodating cavity (wall surface forms by 7, 8 and 14, figs. 1-2) is provided with a first air inlet (see the annotated-Lin fig. 2 above) and an air outlet (see the annotated-Lin fig. 2 above); and the first air outlet channel is communicated with the accommodating cavity through the air outlet (see the annotated-Lin fig. 2 above); and a breather assembly (4 and 5, fig. 1), which is provided with an air inlet channel (see the annotated-Lin fig. 2 above) and a second air outlet channel which are spaced from each other (see the annotated-Lin fig. 2 above), wherein the air outlet is communicated with the second air outlet channel (see the annotated-Lin fig. 2 above); and the air inlet channel is communicated with the first air inlet (see the annotated-Lin fig. 2 above and paragraphs 0038-0049).
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Regarding claim 10, Lin discloses a frame (7, fig. 1, paragraph 0038), a mask main body (14, paragraph 0038 and see the annotated-Lin fig. 1 above), and a shell (8, fig. 1, paragraph); the breather assembly (4 and 5, fig. 1) is connected with the frame (figs. 1-7); the frame is enclosed with the mask main body to form the first air outlet channel and an accommodating cavity (see fig. 2, as shown the first air outlet channel and accommodating cavity comprises an air outlet channel that is defined by the shell and the mask main body, see outlet in mask where air leaves the mask to 51, see figs. 2-7, paragraphs 0038-0039 and 0043); the frame is connected with the shell (see figs. 1-7); and the mask main body is sandwiched between the frame and the shell (see figs. 1-7 and paragraphs 0038-0054).
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 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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Le Gall (2022/0135193) in view of Um (KR 102314961).
Regarding claims 6-7, Le Gall fails to disclose a clamping structure is arranged between the second connector and the air tube, and the second connector is detachably connected with the air tube through the clamping structure and the clamping structure comprises a hook arranged on the air tube and a mounting hole formed in the second connector; and a hook portion of the hook is accommodated in the mounting hole.
However, Um teaches a clamping structure (portion of 172 on 170 in fig. 13 and portion 164 of air tube comprising 164 in fig. 7) is arranged between a second connector (170, fig. 7) and the air tube (air tube comprising 164, fig. 7), and the second connector is detachably connected with the air tube through the clamping structure and the clamping structure comprises a hook (hook on 164, figs. 5-8 and 13-15) arranged on the air tube and a mounting hole (172, fig. 13) formed in the second connector (170); and a hook portion of the hook is accommodated in the mounting hole (see figs. 5-8 and 13-15, paragraphs 0052-0053, 0056, 0060-0061).
Therefore, 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 second connected of Le Gall and the air tube of Le Gall to be detachably connected as taught by Um for the purpose of providing a connection that would allow for ease of removal, replacement and cleaning of parts (see paragraphs 0052-0053, 0056, 0060-0061 of Um).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Le Gall (2022/0135193) in view of Hsu (2016/0107734).
Regarding claims 6-7, Le Gall fails to disclose a clamping structure is arranged between the second connector and the air tube, and the second connector is detachably connected with the air tube through the clamping structure and the clamping structure comprises a hook arranged on the air tube and a mounting hole formed in the second connector; and a hook portion of the hook is accommodated in the mounting hole.
However, Hsu teaches a clamping structure (portion of 33 comprising corresponding mounting hole for accommodating 41 and 42, and portion of 10 comprising 41 and 42, see fig. 3) is arranged between a second connector (30, fig. 3) and the air tube (10), and the second connector is detachably connected with the air tube through the clamping structure and the clamping structure comprises a hook (41 and 42) arranged on the air tube and a mounting hole (hole corresponding to 41 and 42, fig. 3) formed in the second connector; and a hook portion of the hook is accommodated in the mounting hole (see figs. 3-5, paragraph 0028).
Therefore, 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 second connected of Le Gall and the air tube of Le Gall to be detachably connected as taught by Hsu for the purpose of providing a connection that would allow for ease of removal, replacement and cleaning of parts (see paragraph 0028 of Hsu).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Le Gall (2022/0135193) in view of Lin (CN 106428476).
Regarding claim 10, Le Gall discloses that the mask assembly comprises a frame (6, fig. 1, paragraphs 0048-0056), but fails to specifically disclose a mask main body, and a shell; the breather assembly is connected with the frame; the frame is enclosed with the mask main body to form the first air outlet channel and the accommodating cavity; the frame is connected with the shell; and the mask main body is sandwiched between the frame and the shell.
However, Lin teaches a frame (7, fig. 1, paragraph 0038), a mask main body (14, paragraph 0038 and see the annotated-Lin fig. 1 above), and a shell (8, fig. 1, paragraph); a breather assembly (4 and 5, fig. 1) is connected with the frame (figs. 1-7); the frame is enclosed with the mask main body to form the first air outlet channel and an accommodating cavity (see fig. 2, as shown the first air outlet channel and accommodating cavity comprises an air outlet channel that is defined by the shell and the mask main body, see outlet in mask where air leaves the mask to 51, see figs. 2-7, paragraphs 0038-0039 and 0043); the frame is connected with the shell (see figs. 1-7); and the mask main body is sandwiched between the frame and the shell (see figs. 1-7 and paragraphs 0038-0054).
Therefore, 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 mask of Le Gall to have the frame, shell and main body as taught by Lin for the purpose of providing an alternative mask construction that would allow air to be inhaled and exit through the breather assembly of Le Gall (see paragraphs 0038-0039 and 0043 of Lin).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Le Gall (2022/0135193) in view of Caprice (2016/0297505).
Regarding claim 10, Le Gall discloses that the mask assembly comprises a frame (6, fig. 1, paragraphs 0048-0056), but fails to specifically disclose a mask main body, and a shell; the breather assembly is connected with the frame; the frame is enclosed with the mask main body to form the first air outlet channel and the accommodating cavity; the frame is connected with the shell; and the mask main body is sandwiched between the frame and the shell.
However, Caprice teaches a frame (12, fig. 1, paragraphs 0090-0100), a mask main body (40, fig. 2, paragraph 0100-0103), and a shell (10, fig. 2, paragraphs 0090, 0093-0095); a breather assembly (20, fig. 2, paragraphs 0095-0099) is connected with the frame (see figs. 1-2); the frame is enclosed with the mask main body to form the first air outlet channel and the accommodating cavity (the first air channel is formed by 92 and 200, see fig. 9, paragraphs 0116-0122); the frame is connected with the shell; and the mask main body is sandwiched between the frame and the shell (see figs. 1-9 and paragraphs 0090-0121).
Therefore, 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 mask of Le Gall to have the frame, shell and main body as taught by Caprice for the purpose of providing an alternative mask construction that would allow air to be inhaled and exit through the breather assembly of Le Gall (see paragraphs 0095-0099 of Caprice).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Allinne (WO 2023/169970) is cited to show a diving mask comprising a shell, a frame and a main body.
Xiao (WO 2021181158) is cited to show a diving mask comprising a frame, shell and main body.
Zhen (CN 107244396) is cited to show a diving mask comprising a breather assembly.
Huang (CN 208979080) is cited to show a diving mask comprising a breather assembly.
Liao (CN 107380371) is cited to show a diving mask comprising a breather assembly.
Xiao (CN 110104142) is cited to show a diving mask comprising a breather assembly.
Fukasawa (2010/0132701) is cited to show a snorkel comprising a snap fit mechanism.
Liao (2019/0023366) is cited to show a diving mask comprising a frame, a main body and a shell.
Huang (2020/0130792) is cited to show a full face diving mask.
Xiao (2019/0118915) (2020/0216157) (2020/0307749) is cited to show a snorkel mask.
Shiue (2023/0415867) is cited to show a breathable mask.
Barone (2019/0225311) is cited to show a diving mask.
Shiue (2020/0156745) is cited to show a diving mask comprising a blocking piece for a drain valve.
Shiue (2023/0312067) is cited to show a mask comprising a breather assembly. Shiue (2023/0063091) is cited to show a diving mask comprising a breather assembly.
Thomas (2018/0319471) is cited to show a diving mask comprising a breather assembly.
Aceto (2020/0398955) is cited to show a diving mask comprising a breather assembly.
Barrone (2019/0225312) is cited to show a diving mask comprising a breather assembly.
YiHong (2020/0031441) is cited to show a diving mask comprising a breather assembly.
Palmieri (2019/0224506) is cited to show a diving mask comprising a breather assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TU VO whose telephone number is (571)270-1045. The examiner can normally be reached on M-F from 9:30 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached on 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TU A VO/Primary Examiner, Art Unit 3785