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 .
Priority
Acknowledgement is made to Applicant’s claim to priority to U.S. Provisional App. No. 63/356,230 filed June 28, 2022.
Status of Claims
Claims 1-16, filed June 26, 2023, are presently pending in this application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “an exhaust device, being independent of the breathing tube, and integrally formed with and extending upward from a side portion of the waterproof skirt;” and “an exhaust passage formed and communicated between the lower chamber and the exhaust device”, as recited in independent claim 1 and similarly in independent claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The term “substantially” in the limitation “extends in a first length in a direction substantially parallel to a surface of the lens”, ln 1-2 in claim 9 is interpreted to not meaningfully alter the plain meaning of the “extends in a first length in a direction parallel to a surface of the lens” and allows for minor variance in manufacturing and minimal variations under conditions of use. 2173.05 (b)
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 1, 4, 8, 12, and 15, and claims 2-3, 5-7, 9-11, 13-14, and 16 by dependency, 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.
Claim 1 recites the element “waterproof skirt”, ln 10 the term “waterproof” renders the claim indefinite. It is unclear what the meets and bounds of the term “waterproof” because it is not an art recognized term. Based on the instant specification the waterproof skirt can be, for example, be made from silicone (See Instant Specification: ¶¶ 0008, 0025, 0038, 0044). Therefore, for the purpose of this Office Action the element “waterproof skirt” has been interpreted as being formed from silicone or other liquid impermeable materials that provide a seal against water.
Similar rational is applied to independent claim 12.
Claim 1 recites “an exhaust device, being independent of the breathing tube, and integrally formed with and extending upward from a side portion of the waterproof skirt;”, ln 14-15 and “an exhaust passage formed and communicated between the lower chamber and the exhaust device”, ln 18-19 it is unclear how the exhaust device is both integrally formed with and extending upward from the waterproof skirt while also having the exhaust passage formed between the lower chamber of the waterproof skirt and the exhaust device. Specifically, it is unclear how a structural element, i.e. the exhaust passage, that is distinct from the exhaust device, is also interposed between the waterproof skirt and the exhaust device when the exhaust device is integrally formed with the waterproof skirt. For the purpose of this Office Action the exhaust passage has been interpreted not as a structural element but instead a flow pathway of the exhaust.
Similar rational is applied to independent claim 12.
Claim 4 recites “wherein the exhaust device has an inner diameter ranging between 1 and 2 times an inner diameter of the exhaust passage.”, ln 1-2 which positively recites the exhaust passage as a structural element. This renders the claim indefinite based on the necessary previous interpretation of the exhaust passage. Specifically, the exhaust passage was previously interpreted as not a structural element but instead a flow pathway of the exhaust because of the integral relationship between the exhaust device, the exhaust passage, and the lower chamber, See above. Therefore, Examiner is not making a judgment on the subject matter of claim 4 because the Examiner is unable to provide cogent and reasonable interpretation for claim 4 that would resolve the issues listed above.
Claim 8 recites “wherein the short tube has an inner diameter ranging between 1 and 2 times an inner diameter of the exhaust passage.”, ln 1-2 which positively recites the exhaust passage as a structural element. This renders the claim indefinite based on the necessary previous interpretation of the exhaust passage. Specifically, the exhaust passage was previously interpreted as not a structural element but instead a flow pathway of the exhaust because of the integral relationship between the exhaust device, the exhaust passage, and the lower chamber, See above. Therefore, Examiner is not making a judgment on the subject matter of claim 8 because the Examiner is unable to provide cogent and reasonable interpretation for claim 8 that would resolve the issues listed above.
Claim 15 recites “wherein each of the two exhaust devices has an inner diameter ranging between 1 and 2 times an inner diameter of each of the two exhaust passage.”, ln 1-3 which positively recites the exhaust passage as a structural element. This renders the claim indefinite based on the necessary previous interpretation of the exhaust passage. Specifically, the exhaust passage was previously interpreted as not a structural element but instead a flow pathway of the exhaust because of the integral relationship between the exhaust device, the exhaust passage, and the lower chamber, See above. Therefore, Examiner is not making a judgment on the subject matter of claim 15 because the Examiner is unable to provide cogent and reasonable interpretation for claim 15 that would resolve the issues listed above.
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) 1-3, 6-7, 9, 10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Barone et al. (U.S. Pub. No. 2019/0225311; hereinafter: “Barone”) in view of Song (CN 112046714 A, machine translation accessed February 5, 2026 relied upon herein).
Regarding Claim 1, Barone discloses a breathable mask for snorkeling, comprising: a breathing tube (104, 105; Fig. 1, 2, 5, 8, 10, 11) having an upper end portion (104; Fig. 1, 2, 5, 6, 8, 10, 11) and a lower end portion (105; Fig. 2-4, 6, 8) opposite to the upper end portion (Fig. 1, 2, 5, 8, 10, 11; ¶¶ 0059, 0063, 0070, 0071), the breathing tube further having an interior with an intake conduit being formed therein (Interior formed by the breathing tube; Fig. 1, 2, 5, 8, 10, 11), wherein the upper end portion has an air inlet (A, Fig. A annotated below) for inhaled air entering therethrough and flowing along the intake conduit to the lower end portion (Fig. 1, 2, 5, 8, 10, 11; ¶¶ 0059, 0063, 0070, 0071); and a body (1, 2, 3; Fig. 1-13) connected to the lower end portion of the breathing tube (¶ 0059), and an interior (B, Fig. A annotated below) of the body being in fluid communication with the intake conduit (¶¶ 0049, 0059), the body comprising: a main frame (1; Fig. 1-13); a lens (2; 1-13) connected with the main frame (Fig. 7-9); a waterproof skirt (503; Fig. 1, 2, 4; ¶¶ 0048, 0056; Examiner notes: Barone discloses the waterproof skirt made from rubber, a liquid impermeable material. See Above), the waterproof skirt being capable of suitably fitting a face of a user (¶¶ 0055, 0056, 0058, 0065); wherein the waterproof skirt has a partition (103; Fig. 1-4, 6, 8, 9, 13) to divide the interior of the body into an upper chamber (203; Fig. 1, 4) and a lower chamber (303; Fig. 1, 4; ¶¶ 0048-0050); an exhaust device (903; Fig. 1-8), being independent of the breathing tube (¶¶ 0058, 0059, 0065, 0088-0091; Fig. 1-8), and integrally formed with and extending upward from a side portion (C, Fig. A annotated below) of the waterproof skirt (¶¶ 0058, 0059); an intake passage [Flow path from the intake conduit through the upper chamber through element 403 (Fig. 1) into the lower chamber.] formed and communicated between the intake conduit and the lower chamber [Fig. 1, 4; ¶¶ 0049, 0050, 0063, 0066, 0067, 0069-0071, 0082, 0083; Examiner notes: The limitation “intake passage” has been interpreted as a flow path and not as discreate structure. Barone discloses a flow pathway from the intake conduit through the upper chamber through element 403 (Fig. 1) into the lower chamber.]; an exhaust passage (Flow path from the lower chamber to the exhaust device.) formed and communicated between the lower chamber and the exhaust device [Fig. 1-8; ¶¶ 0058, 0059, 0065, 0088-0091; Examiner notes: The limitation “exhaust passage” has been interpreted as a flow path and not as discreate structure. Barone discloses a flow pathway between the lower chamber and the exhaust device. See 112(b) Interpretation above.].
PNG
media_image1.png
444
485
media_image1.png
Greyscale
Figure A, Adapted from Figure 2 of Barone.
Barone does not specifically disclose the breathing mask for snorkeling wherein at least part of the waterproof skirt being embedded with the main frame and the lens and wherein: the exhaust device is provided with an exhaust one-way valve for dirty air exhaled by the user to flow therethrough from the lower chamber to be discharged outwards through the exhaust passage and the exhaust device.
Song teaches a mask comprising a waterproof skirt (40; Fig. 1-4) being embedded with a main frame (10; Fig. 1-7) and a lens (30; Fig. 1-4; Pg. 3, ln 36 to Pg. 4, ln 32) for the purpose of effectively improving the stability of the fit between the components and making the overall diving goggles more robust and durable (Pg. 2, ln 21-26).
Barone, in an alternate embodiment hereinafter Barone’2, teaches a breathing mask for snorkeling comprising an exhaust device (903; Fig. 13-16, 18, 19) provided with an exhaust one-way valve (“non-return valve” 130; ¶¶ 0091-0098; Fig. 18, 19) for dirty air exhaled by the user to flow therethrough from a lower chamber (303; Fig. 19) to be discharged outwards through an exhaust passage [Fig. 13-16, 18, 19; ¶¶ 0088-0091, 0095, 0099-0102; Examiner notes: The limitation “exhaust passage” has been interpreted as a flow path and not as discreate structure. Barone discloses a flow pathway between the lower chamber and the exhaust device. See 112(b) Interpretation above.] and the exhaust device (¶¶ 0091-0098) for the purpose of not allowing the return flow from the exhaust device to the lower chamber (¶¶ 0091, 0092).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the breathing mask for snorkeling of Barone to include the at least part of the waterproof skirt being embedded with the main frame and the lens as taught by Song and to include the exhaust device provided with the exhaust one-way valve for dirty air exhaled by the user to flow therethrough from the lower chamber to be discharged outwards through the exhaust passage and the exhaust device as taught by Barone’2 for the purpose of effectively improving the stability of the fit between the components and making the overall diving goggles more robust and durable (Song: Pg. 2, ln 21-26) and not allowing the return flow from the exhaust device to the lower chamber (See Barone’2: ¶¶ 0091, 0092), respectfully.
Regarding Claim 2, the modified device of Barone discloses the breathing mask for snorkeling wherein the exhaust device is independent of the lens and the main frame (See Barone: Fig. 1, See Song: Fig. 3, 4).
Regarding Claim 3, the modified device of Barone discloses the breathing mask for snorkeling wherein the exhaust device is integrally formed with a seat (See Barone: 1003; Fig. 19) at a top (See Barone: at 1003; Fig. 19; ¶ 0100) thereof, and the exhaust one-way valve has a film (See Barone: 130; Fig. 18, 19) capable of being airtightly covered on the seat (See Barone: ¶¶ 0093-0100); wherein the seat has a wheel spoke (See Barone: 150; Fig. 17-19; ¶ 0098) shape and a central hole (See Barone: 30; Fig. 19) for fixing the film (See Barone: ¶¶ 0093-0098).
Regarding Claim 6, the modified device of Barone discloses the breathing mask for snorkeling wherein the exhaust device is a short tube (See Barone: Fig. 1-8; ¶¶ 0058, 0059, 0065, 0088-0091; Examiner notes: The term “short” in element “short tube” is a relative term, without providing a basis of comparison. For the purpose of this Office Action exhaust tube 903 has been interpreted as the short tube).
Regarding Claim 7, the modified device of Barone discloses the breathing mask for snorkeling wherein the exhaust device is sheathed with a spoke-wheel shaped seat (See Barone: 150; Fig. 17-19; ¶ 0098) on a top (See Barone: at 1003; Fig. 19; ¶ 0100) thereof, and the exhaust one-way valve has a film (See Barone: 130; Fig. 18, 19) capable of being airtightly covered on the seat (See Barone: ¶¶ 0093-0100); wherein the spoke-wheel seat has a central hole (See Barone: 30; Fig. 19) for fixing the film (See Barone: ¶¶ 0093-0098.
Regarding Claim 9, the modified device of Barone discloses the breathing mask for snorkeling wherein the short tube has a bent shape (See Barone: Fig. 1-8; ¶¶ 0058, 0059, 0065, 0088-0091) and extends in a first length (A, Fig. B annotated below) in a direction substantially parallel to a surface (D, Fig. A annotated above) of the lens, and then extends backwards in a second length (B, Fig. B annotated below) by an angle (C, Fig. B annotated below; Examiner notes: The term “backwards” is a relative term, without provided a basis of comparison. For the purpose of this Office Action the second length extends backwards in relationship to the first length.).
PNG
media_image2.png
505
420
media_image2.png
Greyscale
Figure B, Adapted from Figure 2 of Barone.
Regarding Claim 10, the modified device of Barone discloses the breathing mask for snorkeling, shown above.
The modified device of Barone does not specifically disclose the breathing mask for snorkeling wherein the first length ranges between 10 mm and 100 mm, the second length ranges between 10 mm and 100 mm, and the angle ranges between 45 degrees and 175 degrees.
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to set the first length to range between 10 mm and 100 mm, the second length to range between 10 mm and 100 mm, and the angle to range between 45 degrees and 175 degrees in the modified device of Barone because Applicant has not disclosed that the first length ranging between 10 mm and 100 mm, the second length ranging between 10 mm and 100 mm, and the angle ranging between 45 degrees and 175 degrees provides an advantage, is used for a particular purpose, or solves a stated problem. Specifically, Applicant specification recites the first length may range between 10 mm and 100 mm, the second length may range between 10 mm and 100 mm, and the angle may range between 45 degrees and 175 degrees, but they are not limited (S¶ 0030). One of ordinary skill in the art, furthermore, would have expected the first length, the second length, and the angle of the modified device of Barone, and Applicant’s first length, second length, and angle, to perform equally well because both mechanisms perform the same function of exhausting exhaust from the lower chamber.
Therefore, it would have been prima facie obvious to modify the modified device of Barone to obtain the invention as specified in claim 10 because such a modification is considered to be well within the skill level of the ordinary artisan in order to achieve the desired exhausting of exhaust from the lower chamber and thus fails to patentably distinguish over the prior art of the modified device of Barone.
Regarding Claim 12, Barone discloses a breathable mask for snorkeling, comprising: a breathing tube (104, 105; Fig. 1, 2, 5, 8, 10, 11) having an upper end portion (104; Fig. 1, 2, 5, 6, 8, 10, 11) and a lower end portion (105; Fig. 2-4, 6, 8) opposite to the upper end portion (Fig. 1, 2, 5, 8, 10, 11; ¶¶ 0059, 0063, 0070, 0071), the breathing tube further having an interior with an intake conduit being formed therein (Interior formed by the breathing tube; Fig. 1, 2, 5, 8, 10, 11), wherein the upper end portion has an air inlet (A, Fig. A annotated above) for inhaled air entering therethrough and flowing along the intake conduit to the lower end portion (Fig. 1, 2, 5, 8, 10, 11; ¶¶ 0059, 0063, 0070, 0071); and a body (1, 2, 3; Fig. 1-13) connected to the lower end portion of the breathing tube (¶ 0059), and an interior (B, Fig. A annotated above) of the body being in fluid communication with the intake conduit (¶¶ 0049, 0059), the body comprising: a main frame (1; Fig. 1-13); a lens (2; 1-13) connected with the main frame (Fig. 7-9); a waterproof skirt (503; Fig. 1, 2, 4; ¶¶ 0048, 0056; Examiner notes: Barone discloses the waterproof skirt made from rubber, a liquid impermeable material. See Above), the waterproof skirt being capable of suitably fitting a face of a user (¶¶ 0055, 0056, 0058, 0065); wherein the waterproof skirt has a partition (103; Fig. 1-4, 6, 8, 9, 13) to divide the interior of the body into an upper chamber (203; Fig. 1, 4) and a lower chamber (303; Fig. 1, 4; ¶¶ 0048-0050); and two exhaust devices (903; Fig. 108), being independent of the breathing tube (¶¶ 0058, 0059, 0065, 0088-0091; Fig. 1-8), and each of two exhaust devices being integrally formed with and extending upward from a side portion (C, Fig. A annotated above) of the waterproof skirt (¶¶ 0058, 0059); an intake passage [Flow path from the intake conduit through the upper chamber through element 403 (Fig. 1) into the lower chamber.] formed and communicated between the intake conduit and the lower chamber [Fig. 1, 4; ¶¶ 0049, 0050, 0063, 0066, 0067, 0069-0071, 0082, 0083; Examiner notes: The limitation “intake passage” has been interpreted as a flow path and not as discreate structure. Barone discloses a flow pathway from the intake conduit through the upper chamber through element 403 (Fig. 1) into the lower chamber.]; two exhaust passages (Flow paths from the lower chamber to the exhaust devices.), each correspondingly formed and communicated between the lower chamber and one of the two exhaust devices [Fig. 1-8; ¶¶ 0058, 0059, 0065, 0088-0091; Examiner notes: The limitation “exhaust passage” has been interpreted as a flow path and not as discreate structure. Barone discloses a flow pathway between the lower chamber and the exhaust device. See 112(b) Interpretation above.]
Barone does not specifically disclose the breathing mask for snorkeling wherein at least part of the waterproof skirt being embedded with the main frame and the lens and wherein: each of the two exhaust devices is provided with an exhaust one-way valve for dirty air exhaled by the user to flow therethrough from the lower chamber to be discharged outwards through the two exhaust passages and the two exhaust devices.
Song teaches a mask comprising a waterproof skirt (40; Fig. 1-4) being embedded with a main frame (10; Fig. 1-7) and a lens (30; Fig. 1-4; Pg. 3, ln 36 to Pg. 4, ln 32) for the purpose of effectively improving the stability of the fit between the components and making the overall diving goggles more robust and durable (Pg. 2, ln 21-26).
Barone, in an alternate embodiment hereinafter Barone’2, teaches a breathing mask for snorkeling comprising an two exhaust device (903; Fig. 13-16, 18, 19) each provided with an exhaust one-way valve (“non-return valve” 130; ¶¶ 0091-0098; Fig. 18, 19) for dirty air exhaled by the user to flow therethrough from a lower chamber (303; Fig. 19) to be discharged outwards through respective exhaust passages [Fig. 13-16, 18, 19; ¶¶ 0088-0091, 0095, 0099-0102; Examiner notes: The limitation “exhaust passage” has been interpreted as a flow path and not as discreate structure. Barone discloses a flow pathway between the lower chamber and the exhaust device. See 112(b) Interpretation above.] and the respective exhaust device (¶¶ 0091-0098) for the purpose of not allowing the return flow from the exhaust device to the lower chamber (¶¶ 0091, 0092).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the breathing mask for snorkeling of Barone to include the at least part of the waterproof skirt being embedded with the main frame and the lens as taught by Song and to include each of the two exhaust devices is provided with the exhaust one-way valve for dirty air exhaled by the user to flow therethrough from the lower chamber to be discharged outwards through the two exhaust passages and the two exhaust devices as taught by Barone’2 for the purpose of effectively improving the stability of the fit between the components and making the overall diving goggles more robust and durable (Song: Pg. 2, ln 21-26) and not allowing the return flow from the exhaust device to the lower chamber (See Barone’2: ¶¶ 0091, 0092), respectfully.
Regarding Claim 13, the modified device of Barone discloses the breathing mask for snorkeling wherein each of the two exhaust devices is independent of the lens and the main frame (See Barone: Fig. 1, See Song: Fig. 3, 4).
Regarding Claim 14, the modified device of Barone discloses the breathing mask for snorkeling wherein each of the two exhaust devices is integrally formed with a seat (See Barone: 1003; Fig. 19) at a top (See Barone: at 1003; Fig. 19; ¶ 0100) thereof, and the exhaust one-way valve of each of the two exhaust devices has a film (See Barone: 130; Fig. 18, 19) capable of being airtightly covered on the seat (See Barone: ¶¶ 0093-0100); wherein the seat has a wheel spoke (See Barone: 150; Fig. 17-19; ¶ 0098) shape and a central hole (See Barone: 30; Fig. 19) for fixing the film (See Barone: ¶¶ 0093-0098).
Allowable Subject Matter
Claims 11 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Caprice et al. (U.S. Pub. No. 2016/0297505) discloses an exhaust one-way valve (300; Fig;. 11; ¶¶ 0124-0132).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLIOT S RUDDIE whose telephone number is (571)272-7634. The examiner can normally be reached M-F usually 9-7 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, Kendra Carter can be reached at (571) 272-9034. 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.
/ELLIOT S RUDDIE/Primary Patent Examiner, Art Unit 3785