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 Foreign App. No. TW111148388 filed December 16, 2022.
Status of Claims
Claims 1-16, filed June 27, 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, the “support device” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites “and the user's nose is, or both of the user's nose and mouth are housed in the lower chamber”, ln 3-5 should read -- and the user's nose is, or both of the user's nose and mouth are, housed in the lower chamber--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “support device” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 1, 3, 6, and 14, and claims 2, 4-5, 7-13, and 15-16 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 sealing 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 sealing skirt can be, for example, be made from silicone (See Instant Specification: ¶ 0006). Therefore, for the purpose of this Office Action the element “waterproof sealing 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 14.
Claim 3 recites “wherein the lens modules are correspondingly located in the upper chamber.”, ln 1-2, the element lens module was initially introduced in claim 1 as singular. It is unclear whether “lens modules” is intended to reference the lens module of claim 1 of introduce a plurality of lens modules. Examiner believe Applicant’s intent for the lens modules is to reference the lens portion and support device of the lens module. Therefore, for the purpose of this Office Action the limitation has been interpreted as --wherein the lens module is correspondingly located in the upper chamber--, where the corresponding portions of the lens module are located in the upper chamber.
Claim 6 recites “wherein the retaining wall is at least partially continuous”, ln 3 the limitation at least partially continuous render the claim indefinite because the meets and bounds are not discernable. Specifically, the term continuous is defined as “Without stopping; without a break, cessation, or interruption”. Therefore, it is unclear how the retaining wall can be without a, cessation, or interruption practically.
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) 1-4 and 14-16 is/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 Shiue (U.S Pub. No. 2020/0156745).
Regarding Claim 1, Barone discloses a breathable mask, comprising a body (1, 2, 3; Fig. 1-13) and a breathing tube (104, 105; Fig. 1, 2, 5, 8, 10, 11), in which the breathing tube is in fluid communication with an interior of the body (Interior formed by the breathing tube; Fig. 1, 2, 5, 8, 10, 11; ¶¶ 0049, 0059); the body including: a main frame (1; Fig. 1-13); a lens module (2; Fig. 1-13) fitted in the main frame (¶¶ 0051, 0054, 0064); a waterproof sealing skirt (503; Fig. 1, 2, 4; ¶¶ 0048, 0056; Examiner notes: Barone discloses the waterproof sealing skirt made from rubber, a liquid impermeable material. See Above), at least partially fitted with the main frame and the lens module (Fig. 3, 7; ¶¶ 0047-0051, 0055, 0056), the waterproof sealing skirt being suitable for fitting on a user's face (¶¶ 0055, 0056, 0058, 0065); wherein the lens module has a lens portion (2; Fig. 1-13).
Barone does not specifically disclose the breathing mask wherein the lens module has a lens portion and a support device, the support device is integrally formed with the lens portion at a distance inward from an outermost edge of the lens portion, and is connected to a portion of the waterproof sealing skirt, so as to increase rigidity of a vicinity of the portion the waterproof sealing skirt.
Shiue teaches a breathing mask comprising the lens module (216, 217; Fig. 2, 5-7, 9, 12; ¶¶ 0037, 0038, 0043, 0044) has a lens portion (216; Fig. 2, 5, 6, 9, 12) and a support device (217; Fig. 7), the support device is integrally formed with the lens portion at a distance (A, Fig. A annotated below) inward from an outermost edge (B, Fig. A annotated below) of the lens portion (¶ 0043), and is connected to a portion (A, Fig. B annotated below) of a waterproof sealing skirt (214; Fig. 2, 5, 6, 8, 9, 12; ¶ 0044), so as to increase rigidity of a vicinity of the portion the waterproof sealing skirt (Examiner notes: Shiue discloses the waterproof sealing skirt directly contacting the support device, thereby increasing the rigidity of that portion of the water proof sealing skirt.) for the purpose of guiding water that penetrates away from the nose and mouth of the user to be drained (¶ 0043; Fig. 11).
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Figure A, Adapted from Figure 7 of Shiue.
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Figure B, Adapted from Figure 12 of Shiue.
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 breathable mask of Barone to include the lens module having the lens portion and the support device, the support device is integrally formed with the lens portion at the distance inward from the outermost edge of the lens portion, and is connected to the portion of the waterproof sealing skirt, so as to increase rigidity of a vicinity of the portion the waterproof sealing skirt as taught by Shiue for the purpose of guiding water that penetrates away from the nose and mouth of the user to be drained (See Shiue: ¶ 0043; Fig. 11).
Regarding Claim 2, the modified device of Barone discloses the breathing mask wherein the waterproof sealing skirt has a partition (See Barone: 103; Fig. 1-6, 8-9, See Shiue: 230; Fig. 2) to separate the interior of the body into an upper chamber (See Barone: 203; Fig. 1, See Shiue: 232; Fig. 2) and a lower chamber (See Barone: 303; Fig. 1, 4, 5, See Shiue: 234; Fig. 2), when the user puts on the breathable mask, the partition is seated on the user's nose (See Barone: ¶ 0055, See Shiue: ¶ 0038), the user's eyes are housed in the upper chamber (See Barone: ¶ 0048, See Shiue: ¶ 0038), and both of the user's nose and mouth are housed in the lower chamber (See Barone: ¶ 0048, See Shiue: ¶ 0038).
Regarding Claim 3, the modified device of Barone discloses the breathing mask wherein the lens module is correspondingly located in the upper chamber (See Barone: 102; Fig. 2, 3, See Shiue: at 232; Fig. 2; Examiner notes: Barone discloses a portion of the lens portion correspondingly located in the upper chamber. See 112(b) interpretation above).
Regarding Claim 4, the modified device of Barone discloses the breathing mask wherein a one-way fluid communication is formed between the upper chamber and the lower chamber (See Barone: ¶ 0049), and only air in the upper chamber is allowed to enter the lower chamber through a one-way air intake valve (See Barone: 403; Fig. 1-4, 6, 8-9, See Shiue: 241; Fig. 2-8, 12) .
Regarding Claim 14, the modified device of Barone discloses the breathing mask of claim 2 shown above, disclose an integrally formed lens module (See Barone: 2; Fig. 1-13, See Shiue: 216, 217; Fig. 2, 5-7, 9, 12; ¶¶ 0043, 0044), which is used on the breathable mask according to claim 2.
Regarding Claim 15, the modified device of Barone discloses the breathing mask wherein when the user wears the breathable mask, the lens module correspondingly shields the eyes of the user (See Barone: 102; Fig. 2, 3; ¶ 0048, See Shiue: at 232; Fig. 2; ¶ 0038).
Regarding Claim 16, the modified device of Barone discloses the breathing mask wherein when the user wears the breathable mask, the lens module correspondingly covers the user's eyes, nose and mouth (See Barone: at 102, at 602; Fig. 1-3, 7, 10-11; ¶ 0048, See Shiue: at 232, at 234; Fig. 2; ¶ 0038).
Allowable Subject Matter
Claims 5 , 9-11, and 6-8 and 12-13 by dependency, objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Prior art of Barone and Shiue alone or in combination fail to disclose or render obvious the breathable mask:
“wherein the one-way air intake valve is a pivoting one-way valve; wherein the waterproof sealing skirt forms an exhaust passage extending along an outer periphery of the upper chamber, only allowing the lower chamber to be in fluid communication with an outside through the exhaust passage for air exhaled by the user to be discharged; and wherein the support device has a valve seat, and the exhaust passage has an entrance and an inner sidewall, in which the inner sidewall is provided with an air inlet and a swing-type diaphragm covering the air inlet near the entrance of the exhaust passage, and the pivoting one-way valve is thereby formed by the valve seat and the diaphragm which are separately arranged at two opposing sides of the air inlet.”, as recited in dependent claim 5
“wherein the one-way air intake valve is a pivoting one-way valve; wherein the support device has a valve seat, and the partition of the waterproof sealing skirt is provided with an air inlet and a swing-type diaphragm covering the air inlet; and wherein the pivoting one-way valve is thereby formed by the valve seat and the swing-type diaphragm which are respectively arranged on two opposing sides of the air inlet.”, as recited in dependent claim 9.
“wherein the one-way air inlet valve is a pivoting one-way valve; wherein the partition of the waterproof sealing skirt is provided with an air inlet and a swing-type diaphragm covering the air inlet, in which the swing-type diaphragm is arranged on an inner side of the air inlet, so as to form the pivoting one-way valve; wherein the waterproof sealing skirt is further formed with an exhaust passage, which extends along an outer periphery of the upper chamber, and only allows the lower chamber to be in fluid communication with an outside through the exhaust passage for air exhaled by the user to be discharged; and wherein the exhaust passage has an entrance and an inner sidewall, in which the supporting device has a first rib and a second rib, in which the first rib and the waterproof sealing skirt are embedded together above the pivoting one-way valve, whereas the second rib and the waterproof sealing skirt are embedded in the inner sidewall near the entrance of the exhaust passage, so as to strengthen the waterproof sealing skirt on which the pivoting one-way valve is located.”, as recited in dependent claim 10.
“wherein the one-way air intake valve is a mushroom-type one-way valve; wherein the waterproof sealing skirt is further formed with an exhaust passage, which extends along an outer periphery of the upper chamber, and only allows the lower chamber to be in fluid communication with an outside through the exhaust passage for air exhaled by the user to be discharged; wherein the support device has a valve seat, and the exhaust passage has an entrance and an inner sidewall which is provided with an air inlet close to the entrance of the exhaust passage, and wherein the mushroom-type one-way valve is formed by the valve seat which is installed on the air inlet, and is fixed with a diaphragm at a lower, central portion thereof to cover the air inlet.” , as recited in dependent claim 11.
Conclusion
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/ELLIOT S RUDDIE/Primary Patent Examiner, Art Unit 3785