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 .
This office action is in response to the claims filed 7/14/23. Claims 1-7 are pending in the instant application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "said peripheral sections" in line 4. There is insufficient antecedent basis for this limitation in the 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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (2019/0224436) in view of Tomlinson et al. (2025/0195810).
Regarding claim 1, Cheng discloses a face mask adaptable for different nasal bridges (see Fig. 16A-E and abstract, see also Fig. 27D and 21A-E, para. 0338, 0034) which includes a main body being made of a rigid plastic material, being cup-shaped, and including a peripheral edge and a protrusion spaced apart from the peripheral edge in a transverse direction and the main body being tapered from the peripheral edge to the protrusion (see Fig. 16A and B, main body 3200 with peripheral edge at 3205 and protrusion 3202; see para. 0349 which discloses 3200 is made of a transparent polycarbonate, a rigid plastic material, see para. 0402; Fig. 16A, B, and D showing taper from peripheral edge to protrusion, transverse direction being the anterior-posterior direction); and a soft cover made of a flexible plastic material and surrounding the main body and fixed to the peripheral edge of the main body (see Fig. 16A, D and E, soft cover 3100, para. 0322 and para. 0330 which discloses 3100 being made of soft flexible plastic such as silicone); the peripheral edge having a bottom section, a top section that is opposite the bottom section and two side sections that are connected between the bottom section and the top section, the top section curved and having two end portions respectively connected to the side sections, a central portion located between the end portions and the protrusion and two oblique portions each of which is connected between a respective one of the end portions and the central portion (see annotated Fig. 16B below, dotted line indicating the ends of the top section), the soft cover having a lower section that is fixed to the bottom section of the peripheral edge, a nose section opposite to the lower section and two side sections connected between the lower section and the nose section that respectively correspond to the side sections of the peripheral edge (see annotated Fig. 16C below). Cheng is silent as to the nose section having first and second deformation regions connecting to each other and protruding relative to side sections, and sealingly connected to the mask body and having a wide edge connected to the first deformation region and a narrow edge connected to the central portion of the peripheral edge, and two inclined edges connected between the wide edge and the narrow edge; however, Tomlinson discloses a similar face mask which includes these features (see annotated Figs. 20b below for example, see also Fig. 18 and 68; second deformation region being between the two labeled wide and narrow edges, first deformation region being part in a posterior direction, right side in the figure, of wide edge). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Cheng device’s nose portion of the soft cover to include the first and second deformation regions, as taught by Tomlinson, in order to provide that the soft cover better accommodates and seals against differently sized noses (see Tomlinson para. 0716).
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Regarding claim 2, the modified Cheng device is silent as to a ratio of a distance between the end portions of the top section of the peripheral edge and the total length of the peripheral edge ranging from 0.09 to 0.11; however, this would have been an obvious shape/proportion to choose in order to provide a desired shape/sealing effect of the mask on the user and furthermore, it has been held that where the general conditions of the claim are disclosed in the prior art, discovering optimum or workable ranges involve only routine skill in the art. In re Aller, F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See also MPEP 2144.04 IV A, B.
Regarding claim 3, the modified Cheng device is silent as to a ratio of a distance between the wide edge and the narrow edge of the second deformation region to the distance between the end portions of the top section of the peripheral edge ranges from 0.3 to 0.34; however, however, this would have been an obvious shape/proportion to choose in order to provide a desired shape/sealing effect of the mask on the user and furthermore, it has been held that where the general conditions of the claim are disclosed in the prior art, discovering optimum or workable ranges involve only routine skill in the art. In re Aller, F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See also MPEP 2144.04 IV A, B.
Regarding claim 4, the modified Cheng device’s oblique portions cooperate with respective side sections of the peripheral edge connected to end portions to form an obtuse angle (see annotated Fig. 16B and C and Fig. 16A of Cheng, the angles formed are obtuse).
Regarding claim 5, the modified Cheng device’s main body further includes a connecting pipe that is fixed to the protrusion (see Cheng Fig. 12A and F, connecting pipe 3500).
Regarding claim 6, the modified Cheng device’s bottom and top sections of the peripheral edge of the main body are opposite to each other in a longitudinal direction perpendicular to the transverse direction and a cross section of the first deformation region perpendicular to a direction perpendicular to the transverse direction and the longitudinal direction being invertedly J-shaped (see Cheng Fig. 16E showing the J-shape, in light of Fig. 20 of Tomlinson, annotated Fig. 16B showing the top and bottom sections being opposite one another in a longitudinal direction, superior-inferior direction).
Regarding claim 7, the modified Cheng device is such that a cross section of the lower section of the soft cover perpendicular to the direction perpendicular to the transverse direction and longitudinal direction is invertedly J-shaped, cross sections of the peripheral sections perpendicular to the longitudinal direction invertedly J-shaped (see Cheng Fig. 16E).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Nelson (2021/0106780), Salmon et al. (2018/0008794), Bearne et al. (2014/0283842), Gambone et al. (2003/0168063), and Matheson et al. (2,706,983) disclose face masks similar to the claimed/disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN W STUART/Primary Examiner, Art Unit 3785