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 .
Response to Amendment
Applicant’s amendments to claims 8, 12-13, and 15, cancellation of claims 1-7, 9-11, and 17-20, and the addition of claims 21-35 filed 09/04/2025 are acknowledged by the examiner.
Claims 8, 12-13, 15-16, and 21-35 are currently pending and are under examination.
Response to Arguments
Applicant's arguments filed 09/04/2025 have been fully considered but they are not persuasive.
Applicant’s argument: Bolders, McCrimmon, and Hugo do not disclose a pliable housing [as amended in claim 8]. Furthermore, these references do not disclose a pliable housing completely enclosing a flexible band and a magnetic band. Finally, these references do not disclose the flexible band being configured to provide structure to the pliable housing. While McCrimmon does disclose a metal wire enclosed in a fabric, one skilled in the art would not look to McCrimmon for the present disclosure as the “nose piece” of McCrimmon does not directly contact the nose, but is on the outside of the mask and functions solely to pinch the mask around the nose. The nose piece of claim 8 functions completely differently from McCrimmon as it is configured to directly contact the user’s nose and to hold a face mask on the outside of the nose piece.
Examiner’s response: McCrimmon explicitly discloses in the specification that the housing 18 of McCrimmon is made from elastic material, and thus is a pliable housing, see [0035] of McCrimmon. Further, the metal wire 12 that is enclosed in the housing 18 is a semi-rigid material, as evidenced by a new reference Wallander, and thus is capable of providing structure to the pliable housing 18, as the wire gives the housing 18 more support. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Therefore, the combination of Bolders in view of McCrimmon results in the pliable housing completely enclosing the flexible band and magnetic band of Bolders, as McCrimmon teaches completely enclosing the flexible band, and the flexible band of Bolders comprises the magnetic band. Further, although McCrimmon’s nosepiece does not directly contact the nose, McCrimmon is only used as a teaching reference, and Bolders is the primary reference and thus Bolders functions similarly to the claimed invention as Bolders’ nosepiece directly contacts the user’s nose to hold a face mask on the outside of the nosepiece.
Applicant’s argument: Claims 12-13 and 16 have been amended to clarify that the nosepiece is comprised of two distinct flaps. While Boxenbaum does disclose a single flap, it does not disclose two distinct flaps with one flap configured to flex against a left cheek of a user and with the other flap being configured to flex against a right cheek of the user.
Examiner’s response: The examiner disagrees, as the flange body 10 of Boxenbaum has a distinct separation at element 11 and thus separates the flange body 10 of Boxenbaum into two distinct flaps, one flap on the right and one flap on the left. Therefore, when the mask/nosepiece is donned on the user, one flap is configured to flex against a left cheek and the other flap is configured to flex against a right cheek. See updated office action below.
Applicant’s argument: Claim 15 has been amended to clarify that the nosepiece is comprised of two rigid magnets completely enclosed within the pliable housing with one rigid magnet positioned proximate to the first end of the nosepiece and adjacent to the magnetic band and the other rigid magnet positioned proximate to the second end of the nosepiece and adjacent to the magnetic band. Bolders, McCrimmon, Hugo, and Bie do not disclose rigid magnets completely enclosed within a pliable housing. Furthermore, these references do not disclose two rigid magnets positioned on either end of a magnetic band.
Examiner’s response: In light of the amendments to claim 15, the office action has been updated, and however the claim is not specific as to which magnetic band is being referred to throughout the claim (e.g. the magnetic band of the nosepiece or of the clip), and thus further clarification is required and thus the interpretation of the examiner still reads on the amended claims. Further, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Therefore, the combination of Bolders in view of McCrimmon results in the pliable housing completely enclosing the flexible band and two rigid magnets of Bolders, as McCrimmon teaches completely enclosing the flexible band, and the flexible band of Bolders comprises the magnets.
Applicant’s arguments with respect to claim(s) 21-35 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.
In light of the addition of new claims, the office action has been updated to address them. See below.
Claim Objections
Claims 8, 12, 25, 31, and 34-35 are objected to because of the following informalities:
Regarding claim 8, “the magnetic band” in line 5 should be recited as “the magnetic band of the nosepiece”.
Regarding claim 8, “the magnetic band” in line 6 should be recited as “the magnetic band of the nosepiece”.
Regarding claim 8, “the magnetic band” in line 11 should be recited as “the magnetic band of the clip”.
Regarding claim 12, “the housing” in line 3 should be recited as “the pliable housing”.
Regarding claim 25, “to the two corresponding rigid magnets” in lines 2-3 should be recited as “to two corresponding rigid magnets”.
Regarding claim 25, “nose piece” in line 4 should be recited as “nosepiece.”
Regarding claim 31, “the housing” in line 2 should be recited as “the pliable housing”.
Regarding claim 34, “the second end” in line 6 should be recited as “a second end”.
Regarding claim 35, “the two distinct flaps” in lines 3-4 should be recited as “the at least two distinct flaps”.
Appropriate correction is required.
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 15 and 22-25 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.
Regarding claim 15, “the magnetic band” is recited in line 4 and in line 6, however, it is unclear whether “the magnetic band” is being referred to as the magnetic band of the nosepiece or the magnetic band of the clip. Further clarification is required.
Regarding claim 24, “the magnetic band” is recited in line 4 and line 6, however, it is unclear whether “the magnetic band” is being referred to as the magnetic band of the nosepiece or the magnetic band of the clip. Further clarification is required.
Claim 22-23 and 25 are rejected for depending on a previously rejected claim.
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) 8 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders (US 2023/0320441 A1) in view of McCrimmon (US 2022/0322765 A1) further in view of Hugo et al. (referred to as “Hugo”) (FR 3112925 A3) (translation provided) (claim 8 is evidenced by “Wallander” US 2021/0298378 A1).
Regarding claim 8, Bolders discloses a mask accessory (10) (see Figs. 1-3 and [0016]; mask securing device 10 is a mask accessory as it is intended to be worn with a mask as seen in Fig. 3) comprising:
a nosepiece (12) having a first end and a second end that define a length of the nosepiece (12) (see Fig. 1 and [0016]; nasal strip 12 is a nosepiece as it is to be worn on the nose of the user, and nasal strip 12 has a first end and a second end, which are the left and right ends of nasal strip 12 that define a length of the nasal strip 12), the nosepiece (12) being comprised of a flexible band and a magnetic band (18, 20) (see Fig. 1 and [0018], [0020]; nasal strip 12 is a flexible band, as it is formed of a flexible material, and the nasal strip 12 has ferrous metal tabs 18, 20, which are bands of magnetic material as they connect with magnets 26, 28, see [0024]), the flexible band having an outer face (16b) and an inner face (16a) (see Fig. 1 and [0019]-[0020]; the nasal stirp 12 which is formed of a flexible material and thus is a flexible band has a second side 16b which is an outer face as the outer face faces away from the user’s skin, and a first side 16a which is an inner face as this side of the flexible band comes in direct contact with the user’s skin), the magnetic band (18, 20) being secured to the outer face (16b) of the flexible band (see Fig. 1 and [0020]; the ferrous metal tabs 18, 20 are secured to the second side 16b of the nasal strip 12 which is a flexible band); and
a clip (14) having a first end and a second end that define a length of the clip (14) (see Figs. 1-3; nose bridge 14 is a clip as nose bridge 14 is configured to removably secure face mask 11 between nose bridge 14 and nasal strip 12, and nose bridge 14 has a first end and a second end, which are the left and right ends of nose bridge 14 that define a length of nose bridge 14), the clip (14) being comprised of a frame and a magnet (26, 28) (see Figs. 1-3 and [0022]-[0023]; the definition of frame is “a structure that gives shape or support,” https://www.thefreedictionary.com/frame, and thus nose bridge 14 is a frame as it gives shape or support to the magnets 26, 28, which are also part of nose bridge 14), the frame having an outer face (24a) and an inner face (24b) (see Figs. 1-3 and [0022]; the nose bridge 14 which is a frame has a first side 24a which is an outer face as it faces outwardly and has a second side 24b which is an inner face as it faces inward and is in direct contact with a mask), the magnet (26, 28) being secured to the inner face (24b) of the frame (see Figs. 1-3 and [0023]; the magnets 26, 28 are secured to the second side 24b of the nose bridge 14), and the clip (14) being configured to magnetically removably secure a face mask (11) between the clip (14) and the nosepiece (12) (see Figs. 1-3 and [0016], and [0023]; nose bridge 14 is configured to magnetically removably secure face mask 11 between the nasal bridge 14 and nasal strip 12 via magnets 26, 28 and tabs 18, 20).
Bolders is silent on the nosepiece being comprised of a pliable housing, the pliable housing configured to enclose the flexible band and the magnetic band, the flexible band being semi-rigid and configured to provide structure to the pliable housing; and the clip being comprised of a magnetic band.
However, McCrimmon teaches an analogous nosepiece (10) (see Fig. 1; apparatus 10 is an analogous nosepiece as apparatus 10 is worn on the nose 22 of a user, as seen in Fig. 1) and an analogous flexible band (12) (see Figs. 1-7 and [0031]; nose bridge strip 12 is an analogous flexible band as it is made of a pliable material), and the nosepiece (10) being comprised of a pliable housing (18) (see Figs. 1-7 and [0031] and [0035]; the apparatus 10 is comprised of outer sleeve 18, which is interpreted as a housing, as the definition of housing is “something that covers or protects…,” https://www.merriam-webster.com/dictionary/housing, and thus the outer sleeve 18 covers and protects the nose bridge strip 12, and the outer sleeve 18 is made of an elastic material as discussed in [0035], and thus is a pliable housing as it is easily bent without breaking), the pliable housing configured to enclose the flexible band (12) (see Figs. 1-7 and [0031]; the outer sleeve 18 is configured to enclose nose bridge strip 12), the flexible band (12) being semi-rigid and configured to provide structure to the pliable housing (18) (see Figs. 1-7 and [0031]; the nose bridge strip 12 is semi-rigid as it is made out of a metal material that is malleable, see [0038], and as evidenced by Wallander US 2021/0298378 A1 which discusses in [0095] how the nose piece 802 shown in Fig. 19 is made of a malleable metal and is semi-rigid, and thus the nose bridge strip 12 is semi-rigid and is configured to provide structure to the pliable outer sleeve 18 as the metal material of the nose bridge strip 12 is malleable and may be bent to a shape to fit a user’s nose and thus the outer sleeve 18 may also take this shape, providing structure), providing a more comfortable mask accessory for a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the flexible band (12) of Bolders with a pliable housing (18) that is configured to enclose the flexible band and the magnetic band as taught by McCrimmon, and to have modified the material of the flexible band (12) of Bolders to be semi-rigid and configured to provide structure to the pliable housing as taught by McCrimmon to have provided an improved mask accessory that is more comfortable for a user.
Bolders in view of McCrimmon discloses the invention as discussed above.
Bolders in view of McCrommon is silent on the clip being comprised of a magnetic band.
However, Hugo teaches an analogous clip (se Figs. 1-4 and [0056], [0058] of translation; the attachment element is an analogous clip as it is configured to removably secure the anti-fog device 1 to mask 5), and the clip being comprised of a magnetic band (see Figs. 1-4 and [0058] of translation; the attachment element may be a magnetic strip or magnetic band), providing more surface area for magnetic attraction, such that the mask accessory is more secure.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnets (26, 28 of Bolders) in the device of Bolders in view of McCrimmon to be magnetic bands as taught by Hugo to have provided an improved mask accessory that has more surface area for magnetic attraction, such that the mask accessory is more secure.
Regarding claim 21, Bolders in view of McCrimmon further in view of Hugo discloses the invention as discussed in claim 8. Bolders in view of McCrimmon further in view of Hugo further discloses wherein the pliable housing (18 of McCrimmon) is configured to create a hermetic seal between the pliable housing (18 of McCrimmon) and the face mask (11 of Bolders) when the face mask (11 of Bolders) is magnetically removably secured between the clip (14 of Bolders) and the nosepiece (12 of Bolders) (see Figs. 1-3 of Bolders and see [0016] and [0024] of Bolders; as previously modified above, see claim 8, the nosepiece 12 of Bolders is provided with the pliable housing 18 of McCrimmon and is configured to enclose the flexible band and magnetic band, and thus the pliable housing 18 of McCrimmon is capable of creating a hermetic seal between the pliable housing 18 of McCrimmon and the face mask 11 of Bolders when the face mask 11 of Bolders is magnetically removably secured between the nose bridge 14 of Bolders and the nosepiece 12 of Bolders, as the face mask 11 of Bolders is placed inbetween the nasal strip 12 of Bolders and nose bridge 14 of Bolders and thus the pliable housing 18 of McCrimmon is positioned on the side where nasal strip 12 of Bolders is placed as previously modified above).
Claim(s) 12, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of McCrimmon in view of Hugo further in view of Boxenbaum et al. (referred to as “Boxenbaum”) (US2023/0031322 A1).
Regarding claim 12, Bolders in view of McCrimmon further in view of Hugo discloses the invention as discussed in claim 8.
Bolders in view of McCrimmon further in view of Hugo is silent on wherein the nosepiece is further comprised of two distinct flaps, each flap attached to an inner surface of the housing of the nosepiece, the two distinct flaps being adjacent to each other with one flap being configured to flex against a left cheek of a user’s face and with the other flap being configured to flex against a right cheek of the user’s face upon placement of the nosepiece on the user’s face.
However, Boxenbaum teaches an analogous nosepiece (17) (see Figs. 1-6), and wherein the nosepiece (17) is further comprised of two distinct flaps (see Annotated Fig. 5 of Boxenbaum which has the two distinct flaps labeled as ‘first flap’ and ‘second flap’ in Annotated Fig. 5, as bridge 11 creates a separation in the center to form two distinct flaps that project freely), each flap attached to an inner surface of the nosepiece (17) (see Figs. 1-9 and Annotated Fig. 5 of Boxenbaum; the first flap and second flap are both attached to an inner surface of face mask accessory 17), the two distinct flaps being adjacent to each other with one flap being configured to flex against a left cheek of a user’s face and with the other flap being configured to flex against a right cheek of the user’s face upon placement of the nosepiece (17) on the user’s face (see Figs. 1-6, 8, and Fig. 19, and [0037] and [0035]; the two distinct flaps are adjacent or near each other with the second flap being configured to flex against a left cheek of a user’s face and the first flap being configured to flex against a right cheek of the user’s face upon placement of the face mask accessory 17 on the user’s face), providing to create a continuous vapor barrier between the top of the face mask and a user’s face and lenses of a wearer’s glasses (see [0037 of Boxenbaum).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing (18 of McCrimmon) of the nosepiece (12 of Bolders) in the device of Bolders in view of McCrimmon further in view of Hugo to further comprise two distinct flaps, each flap attached to an inner surface of the housing of the nosepiece, the two distinct flaps being adjacent to each other with one flap being configured to flex against a left cheek of a user’s face and the other flap being configured to flex against a right cheek of the user’s face upon placement of the nosepiece on the user’s face as taught by Boxenbaum to have provided an improved mask accessory that provides to create a continuous vapor barrier between the top of the face mask and a user’s face and lenses of a wearer’s glasses (see [0037] of Boxembaum). Therefore, the combination of Bolders in view of McCrimmon in view of Hugo further in view of Boxenbaum results in each flap attached to an inner surface of the housing (18 of McCrimmon) of the nosepiece (12 of Bolders) (as previously modified above, the two distinct flaps are each attached to an inner surface of outer sleeve 18 of McCrimmon as the outer sleeve 18 of McCrimmon encloses the nasal strip 12 of Bolders).
PNG
media_image1.png
578
553
media_image1.png
Greyscale
Annotated Fig. 5 of Boxenbaum.
Regarding claim 13, Bolders in view of McCrimmon in view of Hugo further in view of Boxenbaum discloses the invention as discussed in claim 12. Bolders in view of McCrimmon in view of Hugo further in view of Boxenbaum further discloses wherein, upon flexion against the user’s face, the two distinct flaps are configured to form a hermetic seal between a portion of the user’s face being inferior to the placement of the nosepiece (12 of Bolders) on the user’s face and a portion of the user’s face being superior to the placement of the nosepiece (12 of Bolders) (see Figs. 1-9 of Boxenbaum and [0037] of Boxenbaum; as previously modified above, see claim 12, the flange body 10 of Boxenbaum which is made up of two distinct flaps as labeled in Annotated Fig. 5 of Boxenbaum flexes against the user’s face and thus forms a hermetic seal between a portion of the user’s face being inferior to the placement of the nasal strip 12 of Bolders and a portion of the user’s face being superior to the placement of the nasal strip 12 of Bolders).
Regarding claim 16, Bolders in view of McCrimmon in view of Hugo further in view of Boxenbaum discloses the invention as discussed in claim 13. Bolders in view of McCrimmon in view of Hugo further in view of Boxenbaum further discloses wherein the hermetic seal is further configured to prevent eyewear of the user from fogging (see Figs. 1-9 of Boxenbaum and [0037] of Boxenbaum; as previously modified above, see claim 12, the flange body 10 of Boxenbaum, which comprises the two distinct flaps as labeled in Annotated Fig. 5 of Boxenbaum, forms the hermetic seal and prevents eyewear of a user from fogging) and wherein the two distinct flaps are further configured to prevent the mask accessory from slipping on the user’s face (see Figs. 1-9 of Boxenbaum and [0037]; of Boxenbaum; the flange body 10 of Boxenbaum, which comprises the two distinct flaps as labeled in Annotated Fig. 5 of Boxenbaum, is capable of preventing the mask from slipping on the user’s face).
Claim(s) 15 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of McCrimmon in view of Hugo further in view of Bie et al. (referred to as “Bie”) (CN 107440187 A) (translation provided).
Regarding claim 15, Bolders in view of McCrimmon further in view of Hugo discloses the invention as discussed in claim 8. Bolders in view of McCrimmon further in view of Hugo further discloses wherein the nosepiece (12 of Bolders) is further comprised of two magnets (18,20 of Bolders) enclosed within the pliable housing (18 of McCrimmon) (see Figs. 1-2 of Bolders; the nasal strip 12 of Bolders is comprised of ferrous metal tabs 18, 20 which are two magnets and are enclosed within the pliable housing 18 of McCrimmon as previously modified above, see claim 8) with one magnet (18 of Bolders) positioned proximate to the first end of the nosepiece (12 of Bolders) and adjacent to the magnetic band (26 of Bolders) (see Figs. 1-2 of Bolders; the ferrous metal tab 18 of Bolders is positioned proximate or near the first end of the nasal strip 12 of Bolders, as it is positioned towards a left end of the nasal strip 12 of Bolders in Fig. 1 of Bolders, and is adjacent or near the magnet 26 of Bolders, which is previously modified above to be a magnetic band, see claim 8 above) and the other magnet (20 of Bolders) positioned proximate to the second end of the nosepiece (12 of Bolders) and adjacent to the magnetic band (28 of Bolders) (see Figs. 1-2 of Bolders; the ferrous metal tab 20 of Bolders is positioned proximate to the second end of the nasal strip 12 of Bolders as it is positioned towards a right end of the nasal strip 12 of Bolders in Fig. 1 of Bolders, and is adjacent or near the magnet 28 of Bolders, which is previously modified above to be a magnetic band, see claim 8 above).
Bolders in view of McCrimmon further in view of Hugo is silent on the two magnets being rigid.
However, Bie teaches analogous two magnets (13, 14) (see Figs. 1-3 and highlighted portion of translation), and the magnets (13, 14) are rigid magnets (see Figs. 1-3 and highlighted portion of translation on Pg. 1-2; the sealing bead 14 and ring skeleton 13 are permanent magnets, which are known in the art as rigid or hard magnets), providing magnets that form a strong magnetic field for a strong, stable attachment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnets (18, 20, 26, 28 of Bolders) in the device of Bolders in view of McCrimmon further in view of Hugo to be rigid magnets as taught by Bie to have provided an improved mask accessory that provides magnets that form a strong magnetic field for a strong, stable attachment.
Regarding claim 24, Bolders in view of McCrimmon in view of Hugo further in view of Bie discloses the invention as discussed in claim 15. Bolders in view of McCrimmon in view of Hugo further in view of Bie further discloses wherein the clip (14 of Bolders) is further comprised of two rigid magnets (26,28 of Bolders) partially enclosed within the clip (14 of Bolders) (see Figs. 1-2 of Bolders; the nose bridge 14 of Bolders comprises magnets 26,28 of Bolders, which have been modified to be rigid magnets, see claim 15 above, and the magnets 26,28 of Bolders are partially enclosed within the nose bridge 14 of Bolders as the back portion of the magnets 26,28 of Bolders are surrounded by nose bridge 14 of Bolders, however, the magnets 26,28 of Bolders juts out from the nose bridge 14 of Bolders and thus are only partially enclosed within nose bridge 14 of Bolders, as best seen in Fig. 2 of Bolders) with one rigid magnet (26 of Bolders) positioned proximate to the first end of the clip (14 of Bolders) and adjacent to the magnetic band (18 of Bolders) and the other rigid magnet (28 of Bolders) positioned proximate to the second end of the clip (14 of Bolders) and adjacent to the magnetic band (20 of Bolders) (see Figs. 1-2 of Bolders; magnet 26 of Bolders is positioned proximate to or near the first end of nose bridge 14 of Bolders and adjacent to or near the ferrous metal tab 18 of Bolders when the face mask securing device 10 of Bolders worn, and magnet 28 of Bolders is positioned proximate to or near the opposite second end of the nose bridge 14 of Bolders and adjacent to or near the ferrous metal tab 20 of Bolders when the face mask securing device 10 of Bolders is worn).
Regarding claim 25, Bolders in view of McCrimmon in view of Hugo further in view of Bie discloses the invention as discussed in claim 24. Bolders in view of McCrimmon in view of Hugo further in view of Bie further discloses wherein the two rigid magnets (26,28 of Bolders) of the clip (14 of Bolders) are configured to magnetically removably secure to the two corresponding rigid magnets (18,20 of Bolders) of the nosepiece (12 of Bolders) with the face mask (11 of Bolders) in between the clip (14 of Bolders) and the nose piece (12 of Bolders) (see Figs. 1-3 of Bolders and [0016], [0023] of Bolders; the two magnets 26,28 of Bolders of nose bridge 14 of Bolders are configured to magnetically removably secure to the ferrous metal tabs 18,20 of Bolders, respectively, with the face mask 11 of Bolders in between the nose bridge 14 of Bolders and the nasal strip 12 of Bolders).
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Kamiyama (JP 2013188281 A) (translation provided).
Regarding claim 22, Bolders in view of McCrimmon in view of Hugo further in view of Bie discloses the invention as discussed in claim 15.
Bolders in view of McCrimmon in view of Hugo further in view of Bie is silent on wherein the flexible band is further comprised of two angled bends with one angled bend at a first end of the flexible band and the other angled bend at a second end of the flexible band.
However, Kamiyama teaches an analogous flexible band (9) (see Figs. 4c-4d and [0044] of translation; clip 9 is made from a material that is easy to be deformed but has plasticity (shape maintenance) and thus is a flexible band), and the flexible band (9) is further comprised of two angled bends with one angled bend at a first end of the flexible band (9) and the other angled bend at a second end of the flexible band (9) (see Figs. 4c-4d and 5 and [0044]; clip 9 which is a flexible band has two angled bends with one angled bend at a first end and the other angled bend at a second end, as best seen in Fig. 5 via mask assisting member 10), providing a stable mechanism to hold the nosepiece to the face mask.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flexible band (12 of Bolders) in the device of Bolders in view of McCrimmon in view of Hugo further in view of Bie to have two angled bends with one angled bend at a first end of the flexible band and the other angled bend at a second end of the flexible band as taught by Kamiyama to have provided an improved mask accessory device that provides a stable mechanism to hold the nosepiece to the face mask.
Regarding claim 23, Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Kamiyama discloses the invention as discussed in claim 22.
Kamiyama further teaches wherein the two angled bends are configured to hold and support the two magnets (9a,9b) with one magnet being held and supported by the angled bend at the first end of the flexible band (9) and the other rigid magnet being held and supported by the angled bend at the second end of the flexible band (9) (see Fig. 4d and [0044] of translation; the two angled bends at the first end and second ends of clip 9, like in Fig. 5, each hold and support magnet 9b), providing a stable mechanism to hold the nosepiece to the face mask.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two angled bends of the flexible band (12 of Bolders) in the device of Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Kamiyama to be configured to hold and support the two rigid magnets with one rigid magnet being held and supported by the angled bend at the first en of the flexible band and the other rigid magnet being held and supported by the angled bend at the second end of the flexible band as taught by Kamiyama to have provided an improved mask accessory device that provides a stable mechanism to hold the nosepiece to the face mask.
Claim(s) 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of Guo et al. (referred to as “Guo”) (CN 113425013A) (translation provided) in view of Bie further in view of McCrimmon (claim 28 is evidenced by “Wallander” US 2021/0298378 A1).
Regarding claim 26, Bolders discloses a mask accessory (10) (see Figs. 1-3 and [0016]; mask securing device 10 is a mask accessory as it is intended to be worn with a face mask 11 as seen in Fig. 3) comprising:
a nosepiece (12) having a first end and a second end that define a length of the nosepiece (12) (see Fig. 1 and [0016]; nasal strip 12 is a nosepiece as it is to be worn on the nose of the user, and nasal strip 12 has a first end and a second end, which are the left and right ends of nasal strip 12 that define a length of the nasal strip 12), the nosepiece (12) being comprised of a flexible band and two magnets (18,20) (see Fig. 1 and [0018], [0020]; nasal strip 12 is a flexible band, as it is formed of a flexible material, and the nasal strip 12 has ferrous metal tabs 18, 20, which are two magnets as they connect with magnets 26,28, see [0024]), one magnet (18) being positioned proximate to the first end of the band, the other magnet (20) being positioned proximate to the second end of the band (see Fig. 1; the ferrous metal tab 18 is positioned proximate to or near the first end of nosepiece 12 and the ferrous metal tab 20 is positioned proximate to or near the second end of nosepiece 12); and
a clip (14) having a first end and a second end that define a length of the clip (14) (see Figs. 1-3; nose bridge 14 is a clip as nose bridge 14 is configured to removably secure face mask 11 between nose bridge 14 and nasal strip 12, and nose bridge 14 has a first end and a second end, which are the left and right ends of nose bridge 14 that define a length of nose bridge 14), the clip (14) being comprised of a frame and two magnets (26,28) (see Figs. 1-3 and [0022]-[0023]; the definition of frame is “a structure that gives shape or support,” https://www.thefreedictionary.com/frame, and thus nose bridge 14 is a frame as it gives shape or support to the magnets 26, 28, which are two magnets that are also part of nose bridge 14), the frame having an outer face (24a) and an inner face (24b) (see Figs. 1-3; the nose bridge 14 has a first side 24a which is an outer face as it faces outside away from a user when worn, and the nose bridge 14 has a second side 24b which is an inner face as it faces inside towards the user when worn), the two magnets (26,28) being secured to and partially enclosed within the inner face (24b) of the frame (see Figs. 1-3; the magnets 26,28 are secured to and partially enclosed within the second side 24b, as the back portion of the magnets 26,28 are surrounded by the second side 24b of the nose bridge 14, however, the magnets 26,28 juts out from the second side 24b of nose bridge 14 and thus are only partially enclosed within the second side 24b, as best seen in Fig. 2), and the clip (14) being configured to magnetically removably secure a face mask (11) between the clip (14) and the nosepiece (12) (see [0023] and Figs. 1-3; the nose bridge 14 is configured to magnetically removably secure a face mask 11 between the nose bridge 14 and the nasal strip 12).
Bolders is silent on the nosepiece being comprised of a magnetic band, the magnetic band having a first end and a second end and being positioned anteriorly to the flexible band, one rigid magnet being positioned proximate to the first end of the magnetic band, the other rigid magnet being positioned proximate to the second end of the magnetic band, and the housing configured to enclose the flexible band, the magnetic band, and the two rigid magnets; and the clip being comprised of a magnetic band, and the magnetic band being secured to and partially enclosed within the inner face of the frame.
However, Guo teaches an analogous nosepiece (2) and an analogous clip (1) (see Figs. 1-2 and see Pg. 2 of Translation of the highlighted portion; the lower face clip strip 2 is an analogous nosepiece, as the lower face clip strip 2 is in contact with a user’s nose for anti-fogging purposes, and the upper movable clip strip 1 is an analogous clip as it clips onto the lower face clip strip 2 for anti-fogging purposes), and the nosepiece (2) being comprised of a magnetic band (see Figs. 1-2 and Pg. 2 of Translation; the lower face clip 2 is comprised of a magnetic sheet 3 along the length of the lower face clip 2 in a strip shape, and thus is a magnetic band), the magnetic band having a first end and a second end and being positioned anteriorly to the analogous flexible band (see Figs. 1-2 and Pg. 2 of Translation; the magnetic sheet 3 goes along the length of the lower face clip 2 and thus inherently has a first end and a second end, and is positioned on the side surface that is not in contact with the face, and thus is positioned anteriorly to the analogous flexible band, which is the clip body of the lower face clip 2, as the lower face clip 2 is made of a highly elastic supporting material and thus is a flexible band), and the clip (1) being comprised of a magnetic band (see Figs. 1-2 and Pg. 2 of Translation; the upper movable clip strip 1 is comprised of corresponding magnetic sheet adsorption sheet 4 and is in a strip shape, and thus is a magnetic band), the magnetic band being secured to and partially enclosed within the inner face of the analogous frame (see Figs. 1-2 and Pg. 2 of Translation; the corresponding magnetic adsorption sheet 4 is secured to an inner face of the analogous frame which is the clip body of the upper movable clip strip 1as the definition of frame is “a structure that gives shape or support,” https://www.thefreedictionary.com/frame, and the upper movable clip strip 1 gives shape and support to the magnetic sheets, and the corresponding magnetic adsorption sheet 4 is partially enclosed within the inner face of the upper movable clip strip 1 as the back surface of the magnetic adsorption sheet 4 is surrounded by the upper movable clip strip 1, but the magnetic adsorption sheet 4 juts out from the upper movable clip strip 1 and thus are partially enclosed within the upper movable clip strip 1, as the outer surface of the magnetic adsorption sheet 4 is not enclosed), providing more surface area for magnetic attachment so that the mask accessory device does not detach accidentally.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified a center of the nosepiece (12) of Bolders with a magnetic band (3) that has a first end and a second end and positioned anteriorly to the flexible band, and to have modified a center of the clip (14) of Bolders with a magnetic band (4) that is secured to and partially enclosed within the inner face of the frame as taught by Guo to have provided an improved mask accessory device that provides more surface area for magnetic attachment so that the mask accessory device does not detach accidentally.
Bolders in view of Guo discloses the invention as discussed above.
Bolders in view of Guo is silent on the two magnets of the nosepiece and the two magnets of the clip being rigid magnets.
However, Bie teaches analogous two magnets (13, 14) (see Figs. 1-3 and highlighted portion of translation), and the magnets (13, 14) are rigid magnets (see Figs. 1-3 and highlighted portion of translation on Pg. 1-2; the sealing bed 14 and ring skeleton 13 are permanent magnets, which are known in the art as rigid or hard magnets), providing magnets that form a strong magnetic field for a strong, stable attachment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnets (18, 20, 26, 28 of Bolders) in the device of Bolders in view of Guo to be rigid magnets as taught by Bie to have provided an improved mask accessory device that provides magnets that form a strong magnetic field for a strong, stable attachment. Therefore, the combination of Bolders in view of Guo further in view of Bie results in one rigid magnet (18 of Bolders) being positioned proximate to the first end of the magnetic band (3 of Guo) (see Figs. 1-2 of Bolders; as previously modified above, the ferrous metal tab 18 of Bolders is a rigid magnet and is positioned proximate to or near the first end of the magnetic band 3 of Guo, as the magnetic band 3 of Guo is positioned in the center of the nasal strip 12 of Bolders), the other rigid magnet (20 of Bolders) being positioned proximate to the second end of the magnetic band (4 of Guo) (see Figs. 1-2 of Bolders; as previously modified above, the ferrous metal tab 20 of Bolders is a rigid magnet, and is positioned proximate to or near the second end of the magnetic band 4 of Guo, as the magnetic band 4 of Guo is positioned in the center of the nasal strip 12 of Bolders), and the two rigid magnets (26,28 of Bolders) being secured to and partially enclosed within the inner face of the frame (14 of Bolders) (as previously modified above, the magnets 26,28 of Bolders are rigid magnets, and the magnets 26,28 of Bolders are secured to and partially enclosed within the inner face 24b of Bolders of the nose bridge 14 of Bolders, as the back portion of the magnets 26,28 of Bolders are surrounded by nose bridge 14 of Bolders, but the magnets 26,28 of Bolders juts out from the nose bridge 14 of Bolders as the front portion of the magnets are not enclosed within the nose bridge 14 of Bolders, and thus is partially enclosed).
Bolders in view of Guo further in view of Bie discloses the invention as discussed above.
Bolders in view of Guo further in view of Bie is silent on the nosepiece being comprised of a housing, and the housing configured to enclose the flexible band, the magnetic band, and the two rigid magnets.
However, McCrimmon teaches an analogous nosepiece (10) (see Fig. 1; apparatus 10 is an analogous nosepiece as apparatus 10 is worn on the nose 22 of a user, as seen in Fig. 1), and the nosepiece (10) being comprised of a housing (18) (see Figs. 1-7, and [0031], [0035]; the apparatus 10 is comprised of outer sleeve 18, which is interpreted as a housing, as the definition of housing is “something that covers or protects…,” https://www.merriam-webster.com/dictionary/housing, and thus the outer sleeve 18 covers and protects the nose bridge strip 12 acting as a housing), and the housing configured to enclose the analogous flexible band (12) (see Figs. 1-7 and [0031]; nose bridge strip 12 is an analogous flexible band as it is made of a pliable material, and the outer sleeve 18 is configured to enclose the nose bridge strip 12), providing a more comfortable mask accessory for user’s skin.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the nosepiece (12 of Bolders) in the device of Bolders in view of Guo further in view of Bie with a housing (18) that is configured to enclose the flexible band, the magnetic band, and the two rigid magnets as taught by McCrimmon to have provided an improved mask accessory that is more comfortable for a user’s skin. Therefore, the combination of Bolders in view of Guo in view of Bie further in view of McCrimmon results in the housing (18 of McCrimmon) configured to enclose the flexible band (12 of Bolders), the magnetic band (3 of Guo), and the two rigid magnets (18,20 of Bolders) (as previously modified above, the outer sleeve 18 of McCrimmon is capable of enclosing the nasal strip 12 of Bolders, the magnetic band 3 of Guo, and the two rigid magnets 18,20 of Bolders).
Regarding claim 27, Bolders in view of Guo in view of Bie further in view of McCrimmon discloses the invention as discussed in claim 26. Bolders in view of Guo in view of Bie further in view of McCrimmon further discloses wherein the housing (18 of McCrimmon) is comprised of a pliable material and is configured to create a hermetic seal between the housing (18 of McCrimmon) and the face mask (11 of Bolders) when the face mask (11 of Bolders) is magnetically removably secured between the clip (14 of Bolders) and the nosepiece (12 of Bolders) (as previously modified above, the outer sleeve 18 of McCrimmon is the housing which is comprised of a pliable material, as the outer sleeve 18 of McCrimmon is made of an elastic material as discussed in [0035] of McCrimmon, and thus is pliable as it is easily bent without breaking, and the outer sleeve 18 of McCrimmon is configured to create a hermetic seal between the outer sleeve 18 of McCrimmon and the face mask 11 of Bolders when the face mask 11 of Bolders is magnetically removably secured between the nose bridge 14 of Bolders and the nasal strip 12 of Bolders, see [0016] and [0023] of Bolders).
Regarding claim 28, Bolders in view of Guo in view of Bie further in view of McCrimmon discloses the invention as discussed in claim 27. Bolders in view of Guo in view of Bie further in view of McCrimmon further discloses
McCrimmon further teaches wherein the analogous flexible band (12) is comprised of a semi-rigid material configured to provide structure to the housing (18) and allow the nosepiece (10) to flex when worn by a user (see Figs. 1-7 and [0031]; the nose bridge strip 12 is semi-rigid as it is made out of a metal material that is malleable, see [0038], and as evidenced by Wallander US 2021/0298378 A1 which discusses in [0095] how the nose piece 802 shown in Fig. 19 is made of a malleable metal and is semi-rigid, and thus the nose bridge strip 12 is semi-rigid and is configured to provide structure to the pliable outer sleeve 18 as the metal material of the nose bridge strip 12 is malleable and may be bent to a shape to fit a user’s nose and thus the outer sleeve 18 may also take this shape, providing structure to the outer sleeve 18 and allows the nosepiece 10 to flex when worn by a user), providing a more comfortable mask accessory for a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the flexible band (12 of Bolders) in the device of Bolders in view of Guo in view of Bie further in view of McCrimmon to be semi-rigid configured to provide structure to the housing and allow the nosepiece to flex when worn by a user as taught by McCrimmon to have provided an improved mask accessory device that is more comfortable for a user.
Claim(s) 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Kamiyama (translation provided).
Regarding claim 29, Bolders in view of McCrimmon in view of Hugo further in view of Bie discloses the invention as discussed in claim 25.
Bolders in view of McCrimmon in view of Hugo further in view of Bie is silent on wherein the flexible band is comprised of two angled bends with one angled bend at a first end of the flexible band and the other angled bend at a second end of the flexible band.
However, Kamiyama teaches an analogous flexible band (9) (see Figs. 4c-4d and [0044] of translation; clip 9 is made from a material that is easy to be deformed but has plasticity (shape maintenance) and thus is a flexible band), and wherein the flexible band (9) is comprised of two angled bends with one angled bend at a first end of the flexible band (9) and the other angled bend at a second end of the flexible band (9) (see Figs. 4c-4d and 5 and [0044]; clip 9 which is a flexible band has two angled bends with one angled bend at a first end and the other angled bend at a second end, as best seen in Fig. 5 via mask assisting member 10), providing a stable mechanism to hold the nosepiece to the face mask.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flexible band (12 of Bolders) in the device of Bolders in view of McCrimmon in view of Hugo further in view of Bie to have two angled bends with one angled bend at a first end of the flexible band and the other angled bend at a second end of the flexible band as taught by Kamiyama to have provided an improved mask accessory device that provides a stable mechanism to hold the nosepiece to the face mask.
Regarding claim 30, Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Kamiyama discloses the invention as discussed in claim 29.
Kamiyama further teaches wherein the two angled bends are configured to hold and support the two magnets (9a,9b) with one magnet being held and supported by the angled bend at the first end of the flexible band (9) and the other rigid magnet being held and supported by the angled bend at the second end of the flexible band (9) (see Fig. 4d and [0044] of translation; the two angled bends at the first end and second ends of clip 9, like in Fig. 5, each hold and support magnet 9b), providing a stable mechanism to hold the nosepiece to the face mask.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two angled bends of the flexible band (12 of Bolders) in the device of Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Kamiyama to be configured to hold and support the two rigid magnets with one rigid magnet being held and supported by the angled bend at the first end of the flexible band and the other rigid magnet being held and supported by the angled bend at the second end of the flexible band as taught by Kamiyama to have provided an improved mask accessory device that provides a stable mechanism to hold the nosepiece to the face mask.
Claim(s) 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Boxenbaum.
Regarding claim 31, Bolders in view of McCrimmon in view of Hugo further in view of Bie discloses the invention as discussed in claim 25.
Bolders in view of McCrimmon in view of Hugo further in view of Bie is silent on wherein the nosepiece is further comprised of a flap attached to an inner surface of the housing of the nosepiece, the flap being configured to flex against a user’s face upon placement of the nosepiece on the user’s face.
However, Boxenbaum teaches an analogous nosepiece (17) (see Figs. 1-6) further comprised of a flap (10) attached to an inner surface of the nosepiece (see Figs. 1-9; flange body 10 is a flap as it projects freely, and the flange body 10 is attached to an inner surface of the face mask accessory 17, see Annotated Fig. 5 (2) of Boxenbaum), the flap (10) being configured to flex against a user’s face upon placement of the nosepiece on the user’s face (see Figs. 1-6, 8, and Fig. 19, and [0037] and [0035]; the flange body 10 is configured to flex against a user’s face upon placement of the face mask accessory 17 on the user’s face), providing to create a continuous vapor barrier between the top of the face mask and a user’s face and lenses of a wearer’s glasses (see [0037 of Boxenbaum).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing (18 of McCrimmon) of the nosepiece (12 of Bolders) in the device of Bolders in view of McCrimmon further in view of Hugo to further comprise a flap (10) attached to an inner surface of the housing, the flap being configured to flex against a user’s face upon placement of the nosepiece on the user’s face as taught by Boxenbaum to have provided an improved mask accessory that provides to create a continuous vapor barrier between the top of the face mask and a user’s face and lenses of a wearer’s glasses (see [0037] of Boxenbaum). Therefore, the combination of Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Boxenbaum results in the flap (10 of Boxenbaum) attached to an inner surface of the housing (18 of McCrimmon) of the nosepiece (12 of Bolders) (as previously modified above, the flange body 10 of Boxenbaum is attached to an inner surface of outer sleeve 18 of McCrimmon, as the outer sleeve 18 of McCrimmon encloses the nasal strip 12 of Bolders).
PNG
media_image2.png
458
425
media_image2.png
Greyscale
Annotated Fig. 5 (2) of Boxenbaum.
Regarding claim 32, Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Boxenbaum discloses the invention as discussed in claim 31. Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Boxenbaum further discloses wherein, upon flexion against the user’s face, the flap (10 of Boxenbaum) is further configured to form a hermetic seal between a portion of the user’s face being inferior to the placement of the nosepiece (12 of Bolders) on the user’s face and a portion of the user’s face being superior to the placement of the nosepiece (12 of Bolders) (see Figs. 1-9 and [0037] of Boxenbaum; as previously modified above, see claim 31, the flange body 10 of Boxenbaum flexes against the user’s face and thus forms a hermetic seal between a portion of the user’s face being inferior to the placement of the nasal strip 12 of Bolders and a portion of the user’s face being superior to the placement of the nasal strip 12 of Bolders).
Regarding claim 33, Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Boxenbaum discloses the invention as discussed in claim 31. Bolders in view of McCrimmon in view of Hugo in view of Bie further in view of Boxenbaum further discloses wherein the flap (10 of Boxenbaum) is further configured to prevent the mask accessory (10 of Bolders) from slipping on the user’s face when worn by the user (see Figs. 1-9 and [0037] of Boxenbaum; the flange body 10 of Boxenbaum is capable of preventing the mask accessory 10 of Bolders from slipping on the user’s face when worn).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of Bie in view of McCrimmon further in view of Kamiyama.
Regarding claim 34, Bolders discloses a mask accessory (10) (see Figs. 1-3 and [0016]; mask securing device 10 is a mask accessory as it is intended to be worn with a mask as seen in Fig. 3) comprising:
a nosepiece (12) having a first end and a second end that define a length of the nosepiece (12) (see Fig. 1 and [0016]; nasal strip 12 is a nosepiece as it is to be worn on the nose of the user, and nasal strip 12 has a first end and a second end, which are the left and right ends of nasal strip 12 that define a length of the nasal strip 12), the nosepiece (12) being comprised of a flexible band and two magnets (18, 20) (see Fig. 1 and [0018], [0020]; nasal strip 12 is a flexible band, as it is formed of a flexible material, and the nasal strip 12 has ferrous metal tabs 18, 20, which are bands of magnetic material as they connect with magnets 26, 28, see [0024]); and
a clip (14) having a first end and a second end that define a length of the clip (14) (see Figs. 1-3; nose bridge 14 is a clip as nose bridge 14 is configured to removably secure face mask 11 between nose bridge 14 and nasal strip 12, and nose bridge 14 has a first end and a second end, which are the left and right ends of nose bridge 14 that define a length of nose bridge 14), the clip (14) being comprised of a frame and two magnets (26, 28) (see Figs. 1-3 and [0022]-[0023]; the definition of frame is “a structure that gives shape or support,” https://www.thefreedictionary.com/frame, and thus nose bridge 14 is a frame as it gives shape or support to the two magnets 26, 28, which are also part of nose bridge 14), the frame having an outer face (24a) and an inner face (24b) (see Figs. 1-3 and [0022]; the nose bridge 14 which is a frame has a first side 24a which is an outer face as it faces outwardly and has a second side 24b which is an inner face as it faces inward and is in direct contact with a mask), the two magnets (26,28) being secure to and partially enclosed within the inner face (24b) of the frame (see Figs. 1-2; the magnets 26,28 are secured to the second side 24b of the frame, and the magnets 26,28 are partially enclosed within the second side 24b of the frame, as the back portion of the magnets 26,28 are surrounded by the second side 24b, but the magnets 26,28 juts out from the second side 24b of the nose bridge 14 and thus are only partially enclosed within the second side 24b) with one magnet (26) being proximate to the first end and the other magnet (28) being proximate to the second end (see Figs. 1-3; magnet 26 is proximate to or near the first end and magnet 28 is proximate to or near the second end as best seen in Fig. 2), and the clip (14) being configured to magnetically removably secure a face mask (11) between the clip (14) and the nosepiece (12) (see [0023] and Figs. 1-3; the nose bridge 14 is configured to magnetically removably secure face mask 11 between the nose bridge 14 and nasal strip 12).
Bolders is silent on the two magnets of the nosepiece being rigid, the nosepiece being comprised of a pliable housing, the flexible band being comprised of two angled bends with one angled bend at a first end of the flexible band and the other angled bend at the second end of the flexible band, the flexible band being semi-rigid and configured to provide structure to the pliable housing, the rigid magnet being held and secured by the angled bend at the first end of the flexible band, the other rigid magnet being held and secured by the angled bend at the second end of the flexible band, and the pliable housing configured to enclose the flexible band and the two rigid magnets; and the two magnets of the clip being rigid, and the pliable housing configured to create a hermetic seal between the pliable housing and the face mask when the face mask is magnetically removably secured between the clip and the nosepiece.
However, Bie teaches analogous two magnets (13, 14) (see Figs. 1-3 and highlighted portion of translation), and the magnets (13, 14) are rigid magnets (see Figs. 1-3 and highlighted portion of translation on Pg. 1-2; the sealing bead 14 and ring skeleton 13 are permanent magnets, which are known in the art as rigid or hard magnets), providing magnets that form a strong magnetic field for a strong, stable attachment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnets (18,20,26,28) in the device of Bolders to be rigid magnets as taught by Bie to have provided an improved mask accessory that provides magnets that form a strong magnetic field for a strong, stable attachment.
Bolders in view of Bie discloses the invention as discussed above.
Bolders in view of Bie is silent on the nosepiece being comprised of a pliable housing, the flexible band being comprised of two angled bends with one angled bend at a first end of the flexible band and the other angled bend at the second end of the flexible band, the flexible band being semi-rigid and configured to provide structure to the pliable housing, the rigid magnet being held and secured by the angled bend at the first end of the flexible band, the other rigid magnet being held and secured by the angled bend at the second end of the flexible band, and the pliable housing configured to enclose the flexible band and the two rigid magnets; and the pliable housing configured to create a hermetic seal between the pliable housing and the face mask when the face mask is magnetically removably secured between the clip and the nosepiece.
However, McCrimmon teaches an analogous nosepiece (10) (see Fig. 1; apparatus 10 is an analogous nosepiece as apparatus 10 is worn on the nose 22 of a user, as seen in Fig. 1) and an analogous flexible band (12) (see Figs. 1-7 and [0031]; nose bridge strip 12 is an analogous flexible band as it is made of a pliable material), and the nosepiece (10) being comprised of a pliable housing (18) (see Figs. 1-7 and [0031] and [0035]; the apparatus 10 is comprised of outer sleeve 18, which is interpreted as a housing as the definition of housing is “something that covers or protects…,” https://www.merriam-webster.com/dictionary/housing, and thus the outer sleeve 18 covers and protects the nose bridge strip 12, and the outer sleeve 18 is made of an elastic material as discussed in [0035], and thus is a pliable housing as it is easily bent without breaking), and the flexible band (12) being semi-rigid and configured to provide structure to the pliable housing (18) (see Figs. 1-7 and [0031]; the nose bridge strip 12 is semi-rigid as it is made out of a metal material that is malleable, see [0038], and as evidenced by Wallander US 2021/0298378 A1 which discusses in [0095] how the nose piece 802 shown in Fig. 19 is made of a malleable metal and is semi-rigid, and thus the nose bridge strip 12 is semi-rigid and is configured to provide structure to the pliable outer sleeve 18 as the metal material of the nose bridge strip 12 is malleable and may be bent to a shape to fit a user’s nose and thus the outer sleeve 18 may also take this shape, providing structure), and the pliable housing (18) configured to enclose the flexible band (12) (see Figs. 1-7; the outer sleeve 18 is configured to enclose the nose bridge strip 12), providing a more comfortable mask accessory for a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the flexible band (12 of Bolders) in the device of Bolders in view of Bie with a pliable housing (18) that is configured to enclose the flexible band and two rigid magnets as taught by McCrimmon and to have modified the material of the flexible band (12 of Bolders) in the device of Bolders in view of Bie to be semi-rigid and configured to provide structure to the pliable housing as taught by McCrimmon to have provided an improved mask accessory that is more comfortable for a user. Therefore, the combination of Bolders in view of Bie further in view of McCrimmon results in the pliable housing (18 of McCrimmon) configured to create a hermetic seal between the pliable housing (18 of McCrimmon) and the face mask (11 of Bolders) when the face mask (11 of Bolders) is magnetically removably secured between the clip (14 of Bolders) and the nosepiece (12 of Bolders) (see Figs. 1-3 of Bolders and [0023] of Bolders; the outer sleeve 18 of McCrimmon encloses the nasal strip 12 of Bolders and thus the outer sleeve 18 of McCrimmon is configured to create a hermetic seal between the outer sleeve 18 of McCrimmon and the face mask 11 of Bolders when the face mask 11 of Bolders is magnetically removably secured between the nose bridge 14 of Bolders and the nasal strip 12 of Bolders, as previously modified above).
Bolders in view of Bie further in view of McCrimmon discloses the invention above.
Bolders in view of Bie further in view of McCrimmon is silent on the flexible band being comprised of two angled bends with one angled bend at a first end of the flexible band and the other angled bend at the second end of the flexible band, one rigid magnet being held and secured by the angled bend at the first end of the flexible band, and the other rigid magnet being held and secured by the angled bend at the second end of the flexible band.
However, Kamiyama teaches an analogous flexible band (9) (see Figs. 4c-4d and [0044] of translation; clip 9 is made from a material that is easy to be deformed but has plasticity (shape maintenance) and thus is a flexible band), and the flexible band (9) being comprised of two angled bends with one angled bend at a first end of the flexible band and the other angled bend at the second end of the flexible band (9) (see Figs. 4c-4d and 5 and [0044]; clip 9 which is a flexible band has two angled bends with one angled bend at a first end and the other angled bend at a second end, as best seen in Fig. 5 via mask assisting member 10), one rigid magnet (9b) being held and secured by the angled bend at the first end of the flexible band (9), the other rigid magnet (9b) being held and secured by the angled bend at the second end of the flexible band (9) (see Fig. 4d and [0044] of translation; the two angled bends at the first end and second ends of clip 9, like in Fig. 5, each hold and support magnet 9b), providing a stable mechanism to hold the nosepiece to the face mask.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flexible band (12 of Bolders) and two rigid magnets (18,20 of Bolders) in the device of Bolders in view of Bie further in view of McCrimmon to have two angled bends, with one angled bend and one magnet at a first end of the flexible band and the other angled bend and other magnet at the second end of the flexible band as taught by Kamiyama to have provided an improved mask accessory that provides a stable mechanism to hold the nosepiece to the face mask.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolders in view of Bie in view of McCrimmon in view of Kamiyama further in view of Boxenbaum.
Regarding claim 35, Bolders in view of Bie in view of McCrimmon further in view of Kamiyama discloses the invention as discussed in claim 35.
Bolders in view of Bie in view of McCrimmon further in view of Kamiyama is silent on wherein the nosepiece is further comprised of at least two distinct flaps, wherein one edge of each flap is attached to an inner surface of the housing of the nosepiece, the two distinct flaps being adjacent to each other with one flap being configured to flex against a left cheek of a user’s face and with the other flap being configured to flex against a right cheek of the user’s face upon placement of the nosepiece on the user’s face.
However, Boxenbaum teaches an analogous nosepiece (17) (see Figs. 1-6), and wherein the nosepiece (17) is further comprised of at least two distinct flaps (see Annotated Fig. 5 of Boxenbaum which has two distinct flaps labeled as ‘first flap’ and ‘second flap’ as bridge 11 creates a separation in the center to form two distinct flaps that project freely), wherein one edge of each flap is attached to an inner surface of the nosepiece (17) (see Figs. 1-9; an edge of the first flap and of the second flap are each labeled in Annotated Fig. 5 of Boxenbaum, and each edge of each flap is attached to an inner surface of the face mask accessory 17), the two distinct flaps being adjacent to each other with one flap being configured to flex against a left cheek of a user’s face and with the other flap being configured to flex against a right cheek of the user’s face upon placement of the nosepiece (17) on the user’s face (see Figs. 1-6, 8, and Fig. 19, and [0037] and [0035]; the two distinct flaps are adjacent or near each other with the second flap being configured to flex against a left cheek of a user’s face and the first flap being configured to flex against a right cheek of the user’s face upon placement of the face mask accessory 17 on the user’s face), providing to create a continuous vapor barrier between the top of the face mask and a user’s face and lenses of a wearer’s glasses (see [0037 of Boxenbaum).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing (18 of McCrimmon) of the nosepiece (12 of Bolders) in the device of Bolders in view of McCrimmon further in view of Hugo to further comprise at least two distinct flaps, one edge of each flap attached to an inner surface of the housing of the nosepiece, the two distinct flaps being adjacent to each other with one flap being configured to flex against a left cheek of a user’s face and the other flap being configured to flex against a right cheek of the user’s face upon placement of the nosepiece on the user’s face as taught by Boxenbaum to have provided an improved mask accessory that provides to create a continuous vapor barrier between the top of the face mask and a user’s face and lenses of a wearer’s glasses (see [0037] of Boxembaum). Therefore, the combination of Bolders in view of Bie in view of McCrimmon further in view of Boxenbaum results wherein each flap is attached to an inner surface of the housing (18 of McCrimmon) of the nosepiece (12 of Bolders) (as previously modified above, the two distinct flaps are each attached to an inner surface of outer sleeve 18 of McCrimmon as the outer sleeve 18 of McCrimmon encloses the nasal strip 12 of Bolders).
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 ROBIN HAN whose telephone number is (408)918-7579. The examiner can normally be reached Monday - Thursday, 9-5 PM EST.
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, Alireza Nia can be reached at (571)270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786