DETAILED ACTION
Primary Examiner acknowledges Claims 1-18 are pending in this application as originally filed on February 1, 2024.
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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract, filed on February 1, 2024, has a word count greater than 150 words. Appropriate correction is required.
The disclosure is objected to because of the following informalities:
On Page 5, Lines 1-5 of the original specification as filed, Applicant recites “…to provide a field of view capturing great than 90° in each direction…”; however, this appears to be a typographical error – and should read “greater”. This suspicion appears to be confirmed on Page 11, Lines 1-10 of the original specification as filed which references “…a wide field of view so as to capture preferably the full extent of the wearer’s peripheral vision (i.e., preferably greater than 90°, and more preferably at least approximately 110°, in each direction from a centerline between the wearer’s eyes).”. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
In Claim 1, Line 6, the claims recite “a field of view capturing great than 90° in each direction…”; however, this appears to be a typographical error – and should read “greater”. From a review of the original specification as filed, it appears this error was propagated from Page 5, Lines 1-5 of the original specification as filed, Applicant recites “…to provide a field of view capturing great than 90° in each direction…”; yet, on Page 11, Lines 1-10 of the original specification as filed the term appears to be “greater” - “…a wide field of view so as to capture preferably the full extent of the wearer’s peripheral vision (i.e., preferably greater than 90°, and more preferably at least approximately 110°, in each direction from a centerline between the wearer’s eyes).”. Dependent claims, Claims 2-14, incorporate the subject matter from which they depend. Appropriate correction and clarification 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 1-18 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.
Specifically, Claim 1, Lines 10, 16, and 17 recite the limitation “the mask”; however, this term appears to lack antecedent basis in the claims. Primary Examiner is unsure if this term should read “the protective respiratory mask system” to be commensurate in scope with the preamble or alternatively if this recitation should read “the main body”. Dependent claims, Claims 2-14 incorporate the indefinite subject matter from which they depend. Explicitly, Claim 5, Line 4 refers to “the mask”; Claim 10, Line 1 (2 – instances) refer to “the mask”, and Claim 13, Line 2 refers to “the mask”. Appropriate correction and clarification is required.
Specifically, Claim 15, Line 2 recites the limitation “the mask”; however, this term appears to lack antecedent basis in the claims. Primary Examiner is unsure if this term should read “the collapsible protective respiratory mask” to be commensurate in scope with the preamble or some other recitation. Dependent claims, Claims 16-18, incorporate the indefinite subject matter from which they depend. Explicitly, Claim 16, Line 1 also refers to “the mask”. Appropriate correction and clarification is required.
Specifically, in Claim 9, the phrase “including” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 5-10, and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hulbert et al. (2021/0353977, which shares a common assignee/inventor with the instant application but has a disclosure date before the grace period).
As to Claim 1, Hulbert discloses a protective respiratory mask system (Figures 1, 2, and 7-9, “INTEGRATED RESPIRATORY AND EYE PROTECTIVE SYSTEM” Title), comprising: a main body (100, “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022) constructed from a thermoplastic elastomer material (“Mask 100 includes a stretchable, elastic polymer material covering 110 that wraps around a user's neck and the bottom portion of their face, including their nose and mouth, and that carries generally flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents.” Para 0022; also see: “TPE” - “By way of non-limiting example, in certain configurations interior sealing frame 180 may be composed of 60A polyurethane or TPE.” Para 0026), the main body (100) including an anatomically contoured face-engaging flange (182 of 180, “Interior sealing frame 180 includes a face engaging strip 182 that sits flush against the bottom portion of the user's chin, extends rearward along their lower jawline, and from approximately the position of the user's rear jaw extends upwards curving towards the bridge of the user's nose, thus forming a continuous sealing strip against the user's face, isolating the interior breathable portion of mask 100 from any external contaminants. Face engaging strip 182 is affixed to the interior perimeter of mask mounting strip 184. Likewise, the outer perimeter of mask mounting strip 184 mounts directly to the interior of mask 100.” Para 0026) configured to conform to the contours of the wearer’s face to provide a hermetic seal (“To further aid in both sealingly fitting mask 100 against the user's face and maintaining the intended shape profile of mask 100 at the user's face, and with reference to FIGS. 3, 4(a) and 4(b), an interior sealing frame 180 is provided which is affixed on an interior side of mask 100. In accordance with certain aspects of an embodiment, FIGS. 4(a) and 4(b) show placement of an exemplary interior sealing frame 180 against a user's face, with the mask portion removed for clarity of the interior sealing frame 180.” Para 0026); a pair of viewing windows (“two adjacent lenses” via 200 – “In certain exemplary configurations, goggles 200 may comprise two adjacent lenses to allow folding of the goggles along a vertical centerline.” Para 0030) integrated (“integrated” – “In accordance with certain further features of an embodiment of the invention, and with particular reference to FIGS. 7-9, goggles 200 may in certain configurations be integrated into elastic polymer material covering 110 such that they together comprise a single, unitary assembly.” Para 0030; also see: “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022) into the main body (100), each window configured to provide field of view capturing greater than 90 degrees in the direction from the centerline between the wearer’s eyes (as best seen in Figure 1, the viewing window extends proximate the ears of the patient thus providing for aspects of peripheral vision to be realized); a plurality of filter panels (both of 150, “Mask 100 includes a stretchable, elastic polymer material covering 110 that wraps around a user's neck and the bottom portion of their face, including their nose and mouth, and that carries generally flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents. … The interior of mask 100 includes a sealing member that is configured to contact the user's skin around at least a portion of the perimeter of the flat filter assemblies 150, including at the top portion of the mask that extends over the bridge portion of the user's nose and their upper cheeks below their eyes, and under their jaw up to their chin, to define an interior, closed breathing chamber inside of the mask 100.” Para 0022; “In such exemplary configurations, filter carriers 114 may form at least semi-rigid frames configured to receive and mount flat filter assemblies 150. In certain configurations, flat filter assemblies 150 are rigidly affixed to filter carriers 114 during manufacture of mask 100 to maximize the tightness of the seal between them, in which case mask 100 may be used for a single or small number of potential exposures and then disposed of and replaced with a new mask 100. In other configurations, flat filter assemblies 150 may be removably attached to filter carriers 114 of mask 100 in a configuration that ensures a tight and sealing fit between flat filter assemblies 150 and filter carriers 114. In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152. In other configurations, filter frame 152 may be joined directly to stretchable elastic polymer material covering 110, with filter carriers 114 being defined by an inner edge of a window in stretchable elastic polymer material covering 110 sized to receive flat filter assemblies 150, such as by thermal welding, adhesively joining them together, or such other attachment methods as will readily occur to those of ordinary skill in the art.” Para 0023; “In the configuration shown in FIGS. 7 and 8, elastic polymer material covering 110 extends upwards from filter assemblies 150 and is affixed to the bottom and sides of eye-framing front rim 210 of goggles 200.” Para 0030) attached (via 114, “In such exemplary configurations, filter carriers 114 may form at least semi-rigid frames configured to receive and mount flat filter assemblies 150. In certain configurations, flat filter assemblies 150 are rigidly affixed to filter carriers 114 during manufacture of mask 100 to maximize the tightness of the seal between them, in which case mask 100 may be used for a single or small number of potential exposures and then disposed of and replaced with a new mask 100. In other configurations, flat filter assemblies 150 may be removably attached to filter carriers 114 of mask 100 in a configuration that ensures a tight and sealing fit between flat filter assemblies 150 and filter carriers 114. In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152. In other configurations, filter frame 152 may be joined directly to stretchable elastic polymer material covering 110, with filter carriers 114 being defined by an inner edge of a window in stretchable elastic polymer material covering 110 sized to receive flat filter assemblies 150, such as by thermal welding, adhesively joining them together, or such other attachment methods as will readily occur to those of ordinary skill in the art.” Para 0023) to the main body (100) on opposite sides (left and right, best seen Figures 2, 7, and 8), each filter panel (one of 150) comprising multiple layers of filtration material (each of 151, 152, 154, 156, 154, and 152 – “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon. Next, a layer of flexible nylon mesh 152 may be provided of finer mesh size than outer layer of rigid mesh 151. Layer 152 of flexible nylon mesh may comprise, by way of non-limiting example, SPANDEX. Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media. Next, a layer of activated carbon fiber cloth 156 may be provided, such as by way of non-limiting example FLEXZORB FM100 activated carbon cloth available from Calgon Carbon Corporation. Next, another layer 154 of particulate filtration media configured as described above may be provided. Finally, another layer 152 of nylon mesh may be provided at an interior side of filter assemblies 150.” Para 0028) including an electrostatic filter media (“electret media” of 154, “Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media.” Para 0028), and a carbon cloth layer (156, “a layer of activated carbon fiber cloth 156” Para 0028), the filter panels (both of 150) configured to allow air passage into the mask (best seen Figures 1, 2, and 7-9 via 150) while filtering environmental contaminates (“provide protection against environmental contaminants, such as harmful chemical, biological and radiological agents that, if inhaled or ingested, could cause injury or death.” Para 0028; also see: “The system includes a mask that fits tightly over a user's nose and mouth and down and around their neck, with two filter assemblies on either side of the mask that filter environmental contaminants out of the air as the user breathes in through the mask.” Abstract); an inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180, “As best shown in FIGS. 1 and 2, the face-covering portion of mask 100 includes center spine 112. In certain exemplary configurations, center spine 112 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, which center spine 112 extends centrally down the face-covering portion of mask 100 from the bridge of the user's nose to beneath their chin. In other exemplary configurations, center spine 112 may be formed of the same flexible, stretchable elastic polymer material of the rest of mask 100 that wraps around the bridge of the user's nose, down along their cheeks and ultimately to and wrapping around their neck. … In certain exemplary configurations, filter carriers 114 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, and are positioned on opposite sides of center spine 112. In such exemplary configurations, filter carriers 114 may form at least semi-rigid frames configured to receive and mount flat filter assemblies 150.” Para 0023; “Thus, at least center spine 112 and filter frames 152 form a structure that maintains the shape of the portion of mask 100 that covers the user's nose and mouth, positioning and maintaining each flat filter assembly 150 on opposite sides of center spine 112 and slightly away from the user's face.” Para 0024; “As noted above, center spine 112 and filter carriers 114 are affixed to or formed integrally with stretchable elastic polymer material covering 110, which when worn extends over the bridge of the user's nose, downward across the user's face and extending further downward and rearward to cover the user's neck.” Para 0025; “Goggles 200 include an eye-framing front rim 210 having a nose bridge portion 212. Nose bridge portion 212 includes angled sidewalls that closely match the contours of the upper, outer edges of center spine 112 of mask 100, such that when both are worn together by a user, goggles 200 (and particularly nose bridge portion 212) rest on the top of center spine 112 of mask 100 with a sufficiently close fit to further aid in sealing both the mask 100 and goggles 200 against the user's face.” Para 0027; and “Face engaging strip 182 is affixed to the interior perimeter of mask mounting strip 184. Likewise, the outer perimeter of mask mounting strip 184 mounts directly to the interior of mask 100. Specifically and in certain exemplary configurations, the interior of stretchable elastic polymer material covering 110 may be affixed to the outer face of mask mounting strip 184, and as such stretchable elastic polymer material covering 110 will stretch when placed around the user's face and neck, the stretchable elastic polymer material covering 110 will elastically pull interior sealing frame 180 (and particularly the continuous sealing strip formed by interior sealing frame 180) against the user's face to help isolate the interior breathable portion of mask 100 from any external contaminants.” Para 0026) and having an interior rim (defined by the cooperative interaction of 210 and 180, as best seen in Figures 4(a) and 4(b) to encompass the nose, “Goggles 200 include an eye-framing front rim 210 having a nose bridge portion 212. … Further, goggles 200 include a rear, face-engaging continuous rim 220 that extends around the full, rear perimeter of goggles 200 to form a continuous seal of goggles 200 against the user's face around their eyes. The top portion of continuous rim 220 extends above eye-framing front rim 210, and is thus configured to extend overtop of the user's eyebrows when worn.” Para 0027; “In the configuration shown in FIGS. 7 and 8, elastic polymer material covering 110 extends upwards from filter assemblies 150 and is affixed to the bottom and sides of eye-framing front rim 210 of goggles 200.” Para 0030 and “To further aid in both sealingly fitting mask 100 against the user's face and maintaining the intended shape profile of mask 100 at the user's face, and with reference to FIGS. 3, 4(a) and 4(b), an interior sealing frame 180 is provided which is affixed on an interior side of mask 100. In accordance with certain aspects of an embodiment, FIGS. 4(a) and 4(b) show placement of an exemplary interior sealing frame 180 against a user's face, with the mask portion removed for clarity of the interior sealing frame 180.” Para 0026) designed to sit flush against the wearer’s face, the inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180) including an air opening (defined by the interior perimeter of 180) for directing inhaled air from an interior side of the filter panels (150) into the interior of the inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180); an outlet valve (196, “In accordance with yet further aspects of an embodiment of the invention, mask 100 may optionally also include hydration and communication ports 192 and 194, and may also optionally include an outlet valve 196 to ease exhausting of exhaled breath from the wearer of mask 100.” Para 0032) integrated with the inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180) for directing exhaled air out of the mask (best seen Figures 1, 2, and 7-9, via 150); and a set of straps (190x, “In accordance with still further aspects of an embodiment of the invention, the portion of elastic polymer material covering 110 that extends around the user's neck may be segmented so as to form a first strap 190(a) and a second strap 190(b), each having affixed thereto a portion of a connector to allow the wearer to temporarily and adjustably connect first strap 190(a) with second strap 190(b), and in turn control the extent to which the front of elastic polymer material covering 110, and thus interior sealing frame 180, is pulled towards and against the user's face. In certain exemplary configurations, such connectors on each of first strap 190(a) and second strap 190(b) may comprise mating sections of hook-and-loop fastening material.” Para 0031) extending outwardly from the main body (100) for securing the mask (best seen Figures 1, 2, and 7-9) to the wearer’s head.
As to Claim 2, Hulbert discloses the filter panels (150) comprise: an outer layer (151, “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon.” Para 0028) of abrasion resistant polymeric mesh (“nylon” Para 0028); an inner layer (152, “Next, a layer of flexible nylon mesh 152 may be provided of finer mesh size than outer layer of rigid mesh 151. Layer 152 of flexible nylon mesh may comprise, by way of non-limiting example, SPANDEX.” Para 0028) of spandex mesh (“SPANDEX” Para 0028); and a urethane gasket (via 114 as engaging with 152 of 150, “In certain exemplary configurations, center spine 112 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, which center spine 112 extends centrally down the face-covering portion of mask 100 from the bridge of the user's nose to beneath their chin. … In certain exemplary configurations, filter carriers 114 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, and are positioned on opposite sides of center spine 112. … In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152.” Para 0023) encapsulating the perimeter of the filter panels (150).
As to Claim 5, Hulbert discloses the filter panels (150) are constructed as modular units that are detachably coupled (“removably attached” – “In other configurations, flat filter assemblies 150 may be removably attached to filter carriers 114 of mask 100 in a configuration that ensures a tight and sealing fit between flat filter assemblies 150 and filter carriers 114.” Para 0023; “Such mask 100 incorporated with filter assemblies 150 as described above provides a flat-folding, comfortable, and easily worn and removed mask with sufficient filtration capability to protect the user from breathing in dangerous chemical, biological, or radiological elements that could cause injury or even death without such protective equipment.” Para 0029) to the main body (100), each modular unit (150) comprising a frame (152, “In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152. In other configurations, filter frame 152 may be joined directly to stretchable elastic polymer material covering 110, with filter carriers 114 being defined by an inner edge of a window in stretchable elastic polymer material covering 110 sized to receive flat filter assemblies 150, such as by thermal welding, adhesively joining them together, or such other attachment methods as will readily occur to those of ordinary skill in the art.” Para 0023) and a multi-layered filtration assembly (150 as bounding each of 151, 152, 154, 156, 154, and 152 – “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon. Next, a layer of flexible nylon mesh 152 may be provided of finer mesh size than outer layer of rigid mesh 151. Layer 152 of flexible nylon mesh may comprise, by way of non-limiting example, SPANDEX. Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media. Next, a layer of activated carbon fiber cloth 156 may be provided, such as by way of non-limiting example FLEXZORB FM100 activated carbon cloth available from Calgon Carbon Corporation. Next, another layer 154 of particulate filtration media configured as described above may be provided. Finally, another layer 152 of nylon mesh may be provided at an interior side of filter assemblies 150.” Para 0028) including an electrostatic filter media (“electret media” of 154, “Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media.” Para 0028), and a carbon cloth layer (156, “a layer of activated carbon fiber cloth 156” Para 0028), the filter panels (both of 150) configured to allow air passage into the mask (best seen Figures 1, 2, and 7-9, via 150) while filtering environmental contaminates (“provide protection against environmental contaminants, such as harmful chemical, biological and radiological agents that, if inhaled or ingested, could cause injury or death.” Para 0028; also see: “The system includes a mask that fits tightly over a user's nose and mouth and down and around their neck, with two filter assemblies on either side of the mask that filter environmental contaminants out of the air as the user breathes in through the mask.” Abstract), the frame (152) configured to enable quick replacement of the filtration assembly (150 as bounding each of 151, 152, 154, 156, 154, and 152) for repeated use of the mask (best seen Figures 1, 2, and 7-9) following contamination exposure (“exposure to environmental contaminants, including for example dangerous aerosolized chemical, biological, and radiological materials.” Abstract; “…flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents.” Para 0022; “Each filter assembly 150 is preferably configured to provide protection against environmental contaminants, such as harmful chemical, biological and radiological agents that, if inhaled or ingested, could cause injury or death.” Para 0028).
As to Claim 6, Hulbert discloses the inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180) further comprises: an integrated communications interface with a port ( 194, “In accordance with yet further aspects of an embodiment of the invention, mask 100 may optionally also include hydration and communication ports 192 and 194, and may also optionally include an outlet valve 196 to ease exhausting of exhaled breath from the wearer of mask 100.” Para 0032) configured to establish a sealed connection with external communications devices; and a hydration port (192, “In accordance with yet further aspects of an embodiment of the invention, mask 100 may optionally also include hydration and communication ports 192 and 194, and may also optionally include an outlet valve 196 to ease exhausting of exhaled breath from the wearer of mask 100.” Para 0032) configured to establish a sealed connection with an external hydration source.
As to Claim 7, Hulbert discloses the straps (190x) include adjustable buckles (220 of Figures 7, “Likewise, a portion of elastic polymer material covering 110 extends rearward from goggles 200 and includes a fastener 220, such as a buckle, configured for removable attachment to a mating fastener on a user's headpiece, such as a helmet (as shown in FIG. 9).” Para 0030) with locking mechanism (clip which fits inside buckle “for removable attachment to a mating fastener” Para 0030), the buckles (220 of Figure 7) being configured for securement with a standardized rail system (via “removable attachment to a mating fastener” Para 0030) on a protective helmet or other headgear.
As to Claim 8, Hulbert discloses the straps (190x) include a fine-adjustment mechanism (via “hook-and-loop fastening material” – “In certain exemplary configurations, such connectors on each of first strap 190(a) and second strap 190(b) may comprise mating sections of hook-and-loop fastening material.” Para 0031) that allows for incremental tightening and loosening to achieve a custom fit for the various head sizes and shapes.
As to Claim 9, Hulbert discloses the main body (100) and the inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180) are formed of a thermoplastic elastomeric material (“a stretchable, elastic polymer material”, “TPE”, “polyurethane”; “urethane” - “Mask 100 includes a stretchable, elastic polymer material covering 110 that wraps around a user's neck and the bottom portion of their face, including their nose and mouth, and that carries generally flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents.” Para 0022; “By way of non-limiting example, in certain configurations interior sealing frame 180 may be composed of 60A polyurethane or TPE.” Para 0026; “In certain exemplary configurations, center spine 112 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, which center spine 112 extends centrally down the face-covering portion of mask 100 from the bridge of the user's nose to beneath their chin.” Para 0023) protective against environmental contaminates including tear gas and CS gas (“exposure to environmental contaminants, including for example dangerous aerosolized chemical, biological, and radiological materials.” Abstract; “…flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents.” Para 0022; “Each filter assembly 150 is preferably configured to provide protection against environmental contaminants, such as harmful chemical, biological and radiological agents that, if inhaled or ingested, could cause injury or death.” Para 0028).
As to Claim 10, Hulbert discloses the main body (100) is collapsible along a midline of the mask (best seen Figures 1, 2, and 7-9) for compact, flat storage, and rapid deployment (“flat-folded”, “This invention relates generally to personal protective equipment, and more particularly to easy-to-use and apply protective equipment for protecting a user against inhalation, ingestion, and general exposure to environmental contaminants, and that can be flat-folded for easy and compact storage and carrying until needed.” Para 0002; “As the mask is largely comprised of a flexible material, it may be folded to a generally flat configuration and stored on a wearer's body, such as in a pocket or compartment of a user's clothing, backpack, or similar carriers, and quickly pulled out and placed over the top of the user's head to cover their nose, mouth, and eyes when required for use.” Para 0005; “In accordance with certain aspects of an embodiment of the invention, a protective system is provided comprising a flat-folding elastic polymer material covering having a lower portion sized to fit around a wearer's neck, an upwardly extending portion having a nose bridge portion positioned to overlap a bridge of the nose of the wearer, and a front spine portion extending downward from the nose bridge portion and terminating at a chin portion positioned to overlap a chin of the wearer, a first flat filter assembly mounted on the elastic polymer material covering on a first side of the front spine and positioned to overlap a first cheek of the wearer, a second flat filter assembly mounted on the elastic polymer material covering on a second side of the front spine opposite the first side and positioned to overlap a second cheek of the wearer, and an interior sealing frame mounted to an interior of the elastic polymer material covering, the interior sealing frame forming a continuous wearer's face-engaging surface and defining a rear edge of an enclosed breathing cavity between the wearer's face and interior surfaces of the elastic polymer material covering and of the first and second flat filter assemblies.” Para 0006; “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022; “Preferably, each filter assembly 150 provides a surface area of approximately 50 cm.sup.2 through which a user may draw air, thus providing an overall filtration surface area of approximately 100 cm.sup.2, which has been found to provide an optimum balance of breathability and contaminant filtration for the user while maintaining a compact, easily stored, flat-folding protective system.” Para 0028; “Such mask 100 incorporated with filter assemblies 150 as described above provides a flat-folding, comfortable, and easily worn and removed mask with sufficient filtration capability to protect the user from breathing in dangerous chemical, biological, or radiological elements that could cause injury or even death without such protective equipment.” Para 0029; “In certain exemplary configurations, goggles 200 may comprise two adjacent lenses to allow folding of the goggles along a vertical centerline.” Para 0029).
As to Claim 13, Hulbert discloses the outlet valve (196) comprises a one way exhalation valve (“an outlet valve 196 to ease exhausting of exhaled breath from the wearer of mask 100.” Para 0032) configured to prevent inflow of air and to direct exhaled air out of the mask (best seen Figures 1, 2, and 7-9), thereby aiding in minimizing fogging of the interior lenses (via 200) of the viewing windows (“two adjacent lenses” via 200).
As to Claim 14, Hulbert discloses the thermoplastic elastomer material is selected from the group of “thermoplastic polyurethane” (“a stretchable, elastic polymer material”, “TPE”, “polyurethane”; “urethane” – Para 0023 and 0026).
As to Claim 15, Hulbert discloses a method of manufacturing a collapsible (“flat-folded”, “This invention relates generally to personal protective equipment, and more particularly to easy-to-use and apply protective equipment for protecting a user against inhalation, ingestion, and general exposure to environmental contaminants, and that can be flat-folded for easy and compact storage and carrying until needed.” Para 0002; “As the mask is largely comprised of a flexible material, it may be folded to a generally flat configuration and stored on a wearer's body, such as in a pocket or compartment of a user's clothing, backpack, or similar carriers, and quickly pulled out and placed over the top of the user's head to cover their nose, mouth, and eyes when required for use.” Para 0005; “In accordance with certain aspects of an embodiment of the invention, a protective system is provided comprising a flat-folding elastic polymer material covering having a lower portion sized to fit around a wearer's neck, an upwardly extending portion having a nose bridge portion positioned to overlap a bridge of the nose of the wearer, and a front spine portion extending downward from the nose bridge portion and terminating at a chin portion positioned to overlap a chin of the wearer, a first flat filter assembly mounted on the elastic polymer material covering on a first side of the front spine and positioned to overlap a first cheek of the wearer, a second flat filter assembly mounted on the elastic polymer material covering on a second side of the front spine opposite the first side and positioned to overlap a second cheek of the wearer, and an interior sealing frame mounted to an interior of the elastic polymer material covering, the interior sealing frame forming a continuous wearer's face-engaging surface and defining a rear edge of an enclosed breathing cavity between the wearer's face and interior surfaces of the elastic polymer material covering and of the first and second flat filter assemblies.” Para 0006; “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022; “Preferably, each filter assembly 150 provides a surface area of approximately 50 cm.sup.2 through which a user may draw air, thus providing an overall filtration surface area of approximately 100 cm.sup.2, which has been found to provide an optimum balance of breathability and contaminant filtration for the user while maintaining a compact, easily stored, flat-folding protective system.” Para 0028; “Such mask 100 incorporated with filter assemblies 150 as described above provides a flat-folding, comfortable, and easily worn and removed mask with sufficient filtration capability to protect the user from breathing in dangerous chemical, biological, or radiological elements that could cause injury or even death without such protective equipment.” Para 0029; “In certain exemplary configurations, goggles 200 may comprise two adjacent lenses to allow folding of the goggles along a vertical centerline.” Para 0029) protective respiratory mask (Figures 1, 2, and 7-9), comprising: forming a main body (100, “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022) constructed from a thermoplastic elastomer material (“Mask 100 includes a stretchable, elastic polymer material covering 110 that wraps around a user's neck and the bottom portion of their face, including their nose and mouth, and that carries generally flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents.” Para 0022; also see: “TPE” - “By way of non-limiting example, in certain configurations interior sealing frame 180 may be composed of 60A polyurethane or TPE.” Para 0026) of the mask (Figures 1, 2, and 7-9) from a flexible thermoplastic elastomer material (“a stretchable, elastic polymer material”, “TPE”, “polyurethane”; “urethane” – Para 0023 and 0026), the main body (100) including a face engaging flange (182 of 180, “Interior sealing frame 180 includes a face engaging strip 182 that sits flush against the bottom portion of the user's chin, extends rearward along their lower jawline, and from approximately the position of the user's rear jaw extends upwards curving towards the bridge of the user's nose, thus forming a continuous sealing strip against the user's face, isolating the interior breathable portion of mask 100 from any external contaminants. Face engaging strip 182 is affixed to the interior perimeter of mask mounting strip 184. Likewise, the outer perimeter of mask mounting strip 184 mounts directly to the interior of mask 100.” Para 0026) and viewing windows (“two adjacent lenses” via 200 – “In certain exemplary configurations, goggles 200 may comprise two adjacent lenses to allow folding of the goggles along a vertical centerline.” Para 0030); forming a plurality of filter panels (both of 150, “Mask 100 includes a stretchable, elastic polymer material covering 110 that wraps around a user's neck and the bottom portion of their face, including their nose and mouth, and that carries generally flat filter assemblies 150 that are configured, as described in greater detail below, to protect a wearer of the mask from inhaling or ingesting harmful environmental contaminants, such as chemical, radiological, and/or biological agents. … The interior of mask 100 includes a sealing member that is configured to contact the user's skin around at least a portion of the perimeter of the flat filter assemblies 150, including at the top portion of the mask that extends over the bridge portion of the user's nose and their upper cheeks below their eyes, and under their jaw up to their chin, to define an interior, closed breathing chamber inside of the mask 100.” Para 0022; “In such exemplary configurations, filter carriers 114 may form at least semi-rigid frames configured to receive and mount flat filter assemblies 150. In certain configurations, flat filter assemblies 150 are rigidly affixed to filter carriers 114 during manufacture of mask 100 to maximize the tightness of the seal between them, in which case mask 100 may be used for a single or small number of potential exposures and then disposed of and replaced with a new mask 100. In other configurations, flat filter assemblies 150 may be removably attached to filter carriers 114 of mask 100 in a configuration that ensures a tight and sealing fit between flat filter assemblies 150 and filter carriers 114. In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152. In other configurations, filter frame 152 may be joined directly to stretchable elastic polymer material covering 110, with filter carriers 114 being defined by an inner edge of a window in stretchable elastic polymer material covering 110 sized to receive flat filter assemblies 150, such as by thermal welding, adhesively joining them together, or such other attachment methods as will readily occur to those of ordinary skill in the art.” Para 0023; “In the configuration shown in FIGS. 7 and 8, elastic polymer material covering 110 extends upwards from filter assemblies 150 and is affixed to the bottom and sides of eye-framing front rim 210 of goggles 200.” Para 0030); attaching (via 114, “In such exemplary configurations, filter carriers 114 may form at least semi-rigid frames configured to receive and mount flat filter assemblies 150. In certain configurations, flat filter assemblies 150 are rigidly affixed to filter carriers 114 during manufacture of mask 100 to maximize the tightness of the seal between them, in which case mask 100 may be used for a single or small number of potential exposures and then disposed of and replaced with a new mask 100. In other configurations, flat filter assemblies 150 may be removably attached to filter carriers 114 of mask 100 in a configuration that ensures a tight and sealing fit between flat filter assemblies 150 and filter carriers 114. In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152. In other configurations, filter frame 152 may be joined directly to stretchable elastic polymer material covering 110, with filter carriers 114 being defined by an inner edge of a window in stretchable elastic polymer material covering 110 sized to receive flat filter assemblies 150, such as by thermal welding, adhesively joining them together, or such other attachment methods as will readily occur to those of ordinary skill in the art.” Para 0023) a plurality of filter panels (150) to the main body (100), each filter panel (150) comprising multiple layers of filtration material (each of 151, 152, 154, 156, 154, and 152 – “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon. Next, a layer of flexible nylon mesh 152 may be provided of finer mesh size than outer layer of rigid mesh 151. Layer 152 of flexible nylon mesh may comprise, by way of non-limiting example, SPANDEX. Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media. Next, a layer of activated carbon fiber cloth 156 may be provided, such as by way of non-limiting example FLEXZORB FM100 activated carbon cloth available from Calgon Carbon Corporation. Next, another layer 154 of particulate filtration media configured as described above may be provided. Finally, another layer 152 of nylon mesh may be provided at an interior side of filter assemblies 150.” Para 0028) including an electrostatic filter media (“electret media” of 154, “Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media.” Para 0028), and a carbon cloth layer (156, “a layer of activated carbon fiber cloth 156” Para 0028); integrating (via “integrated” – “In accordance with certain further features of an embodiment of the invention, and with particular reference to FIGS. 7-9, goggles 200 may in certain configurations be integrated into elastic polymer material covering 110 such that they together comprise a single, unitary assembly.” Para 0030; also see: “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022) an inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180, “As best shown in FIGS. 1 and 2, the face-covering portion of mask 100 includes center spine 112. In certain exemplary configurations, center spine 112 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, which center spine 112 extends centrally down the face-covering portion of mask 100 from the bridge of the user's nose to beneath their chin. In other exemplary configurations, center spine 112 may be formed of the same flexible, stretchable elastic polymer material of the rest of mask 100 that wraps around the bridge of the user's nose, down along their cheeks and ultimately to and wrapping around their neck. … In certain exemplary configurations, filter carriers 114 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, and are positioned on opposite sides of center spine 112. In such exemplary configurations, filter carriers 114 may form at least semi-rigid frames configured to receive and mount flat filter assemblies 150.” Para 0023; “Thus, at least center spine 112 and filter frames 152 form a structure that maintains the shape of the portion of mask 100 that covers the user's nose and mouth, positioning and maintaining each flat filter assembly 150 on opposite sides of center spine 112 and slightly away from the user's face.” Para 0024; “As noted above, center spine 112 and filter carriers 114 are affixed to or formed integrally with stretchable elastic polymer material covering 110, which when worn extends over the bridge of the user's nose, downward across the user's face and extending further downward and rearward to cover the user's neck.” Para 0025; “Goggles 200 include an eye-framing front rim 210 having a nose bridge portion 212. Nose bridge portion 212 includes angled sidewalls that closely match the contours of the upper, outer edges of center spine 112 of mask 100, such that when both are worn together by a user, goggles 200 (and particularly nose bridge portion 212) rest on the top of center spine 112 of mask 100 with a sufficiently close fit to further aid in sealing both the mask 100 and goggles 200 against the user's face.” Para 0027; and “Face engaging strip 182 is affixed to the interior perimeter of mask mounting strip 184. Likewise, the outer perimeter of mask mounting strip 184 mounts directly to the interior of mask 100. Specifically and in certain exemplary configurations, the interior of stretchable elastic polymer material covering 110 may be affixed to the outer face of mask mounting strip 184, and as such stretchable elastic polymer material covering 110 will stretch when placed around the user's face and neck, the stretchable elastic polymer material covering 110 will elastically pull interior sealing frame 180 (and particularly the continuous sealing strip formed by interior sealing frame 180) against the user's face to help isolate the interior breathable portion of mask 100 from any external contaminants.” Para 0026) with the main body (100), the inner nose cup (defined by the cooperative interaction of 112, 212, and 184 of 180) having an air opening (defined by the interior perimeter of 180) and an outlet valve (196, “In accordance with yet further aspects of an embodiment of the invention, mask 100 may optionally also include hydration and communication ports 192 and 194, and may also optionally include an outlet valve 196 to ease exhausting of exhaled breath from the wearer of mask 100.” Para 0032) for directing airflow; and securing straps (190x, “In accordance with still further aspects of an embodiment of the invention, the portion of elastic polymer material covering 110 that extends around the user's neck may be segmented so as to form a first strap 190(a) and a second strap 190(b), each having affixed thereto a portion of a connector to allow the wearer to temporarily and adjustably connect first strap 190(a) with second strap 190(b), and in turn control the extent to which the front of elastic polymer material covering 110, and thus interior sealing frame 180, is pulled towards and against the user's face. In certain exemplary configurations, such connectors on each of first strap 190(a) and second strap 190(b) may comprise mating sections of hook-and-loop fastening material.” Para 0031) to the main body (100) for attachment to the wearer’s head.
As to Claim 16, Hulbert discloses folding (“flat-folded”, “This invention relates generally to personal protective equipment, and more particularly to easy-to-use and apply protective equipment for protecting a user against inhalation, ingestion, and general exposure to environmental contaminants, and that can be flat-folded for easy and compact storage and carrying until needed.” Para 0002; “As the mask is largely comprised of a flexible material, it may be folded to a generally flat configuration and stored on a wearer's body, such as in a pocket or compartment of a user's clothing, backpack, or similar carriers, and quickly pulled out and placed over the top of the user's head to cover their nose, mouth, and eyes when required for use.” Para 0005; “In accordance with certain aspects of an embodiment of the invention, a protective system is provided comprising a flat-folding elastic polymer material covering having a lower portion sized to fit around a wearer's neck, an upwardly extending portion having a nose bridge portion positioned to overlap a bridge of the nose of the wearer, and a front spine portion extending downward from the nose bridge portion and terminating at a chin portion positioned to overlap a chin of the wearer, a first flat filter assembly mounted on the elastic polymer material covering on a first side of the front spine and positioned to overlap a first cheek of the wearer, a second flat filter assembly mounted on the elastic polymer material covering on a second side of the front spine opposite the first side and positioned to overlap a second cheek of the wearer, and an interior sealing frame mounted to an interior of the elastic polymer material covering, the interior sealing frame forming a continuous wearer's face-engaging surface and defining a rear edge of an enclosed breathing cavity between the wearer's face and interior surfaces of the elastic polymer material covering and of the first and second flat filter assemblies.” Para 0006; “In accordance with certain aspects of an embodiment and with reference to FIGS. 1 and 2, a person-worn protective system, and more particularly an integrated respiratory and eye protection system (shown generally at 10) is provided including a flexible, flat-folding mask 100 and goggles 200.” Para 0022; “Preferably, each filter assembly 150 provides a surface area of approximately 50 cm.sup.2 through which a user may draw air, thus providing an overall filtration surface area of approximately 100 cm.sup.2, which has been found to provide an optimum balance of breathability and contaminant filtration for the user while maintaining a compact, easily stored, flat-folding protective system.” Para 0028; “Such mask 100 incorporated with filter assemblies 150 as described above provides a flat-folding, comfortable, and easily worn and removed mask with sufficient filtration capability to protect the user from breathing in dangerous chemical, biological, or radiological elements that could cause injury or even death without such protective equipment.” Para 0029; “In certain exemplary configurations, goggles 200 may comprise two adjacent lenses to allow folding of the goggles along a vertical centerline.” Para 0029) the mask (best seen Figures 1, 2, and 7-9) along a midline into a flat configuration for placement in a compact storage device.
Claim Rejections - 35 USC § 103
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hulbert et al. (2021/0353977) in view of Davis et al. (6,763,830).
As to Claim 3, Hulbert discloses a urethane gasket (via 114 as engaging with 152 of 150, “In certain exemplary configurations, center spine 112 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, which center spine 112 extends centrally down the face-covering portion of mask 100 from the bridge of the user's nose to beneath their chin. … In certain exemplary configurations, filter carriers 114 may be formed of an at least semi-rigid plastic, such as by way of non-limiting example urethane, and are positioned on opposite sides of center spine 112. … In such exemplary configurations, each flat filter assembly 150 includes a filter frame 152 (which itself may be formed by way of non-limiting example of an at least semi-rigid plastic such as urethane) that connects to filter carriers 114, and a filter medium 160 (the preferred configuration of which is discussed in greater detail below) positioned in an interior of filter frame 152.” Para 0023) encapsulating the perimeter of the filter panels (150).
Yet, does not expressly disclose “the urethane gasket encapsulating the perimeter of the filter panel is formed using a liquid injection molding process that ensures airtight sealing and prevents delamination of the filter panel layers”.
Davis teaches an additional protective respiratory mask system (Figure 1), comprising: a main body (12, “The assembly 10 comprises a mask housing 12 that fits onto the users face and defines an interior chamber, and a plurality of filter canisters 14, 20. The housing 12 comprises a pair of circular or elliptical canister mounts 13 including an inlet port assembly and self-sealing mechanism 16 and twist-and-lock connector 18 (shown without detail) for affixing circular or elliptical filter canisters 14 to mask housing 12.” Column 1, Line 60 thru Column 2, Line 5), a pair of viewing windows (332 having left and right sides bounded by 338, “Housing 12 further comprises a facepiece 330 and a visor 332.” Column 2, Lines 5-15; “Visor 332 comprises a panel 336, constructed for example of polyurethane and configured to give maximum visibility and flexibility to the user, and providing close eye relief. In the depicted embodiment, the visor 332 further includes an elastomeric central hinge 338, although the visor 332 can be formed without a central hinge. The visor 332 should provide ballistic protection and be configured to receive outserts (not shown) to provide sunlight and laser protection. The visor 332 can further include an anti-scratch surface.” Column 2, Lines 30-45; and “The nose cup also acts as an air guide to eliminate misting of the visor 332.” Column 3, Lines 1-20), a plurality of filter panels (14/20, “The assembly 10 comprises a mask housing 12 that fits onto the users face and defines an interior chamber, and a plurality of filter canisters 14, 20. The housing 12 comprises a pair of circular or elliptical canister mounts 13 including an inlet port assembly and self-sealing mechanism 16 and twist-and-lock connector 18 (shown without detail) for affixing circular or elliptical filter canisters 14 to mask housing 12.” Column 1, Line 60 thru Column 2, Line 5); an inner nose cup (“a nose cup (not shown)”, “The interior chamber of housing 12 further comprises a nose cup (not shown) that is formed of a suitable material such as silicone or polyisoprene and is provided in multiple sizes for comfort and fit on different users.” Column 3, Lines 1-20), an outlet valve (342, “Housing 12 further comprises a primary speech module 342 that combines the functions of speech, drinking system, and outlet valve assembly.” Column 3, Lines 1-20); and a set of straps (344, “Housing 12 is held to a user's face by a plurality of low-profile harness straps 344 defining a flat brow-seal that eliminates hot spots and fits comfortably with a helmet. Harness straps 344 fold over exterior of housing 12 to aid user in rapidly donning mask 10.” Column 3, Lines 1-20).
Regarding the remaining limitations of the claims, Davis teaches the construction of the protective respiratory mask system (Figure 1) components through the injection molding process (“injection molded”, “The facepiece 330 further includes a face seal (not shown) that is also injection molded in a separate co-molding process using a silicone-rich polymer or other polymer or polymer blend that is comfortable for the user and forms an effective seal on the face. … In an alternative embodiment, the facepiece and seal can be constructed of from the same polymer or polymer blend in a single injection molding operation.” Column 2, Lines 10-35) in order to formulate an air tight seal (“forms an effective seal”) and prevent the delamination/degradation of the protective respiratory mask system (Figure 1) upon exposure to contaminates.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the manner of manufacturing the urethane gasket of Hulbert to be made by injection molding, as taught by Davis to be a known method of manufacturing protective respiratory mask system to ensure the efficacy of the sealing engagement as well as protection against degradation upon exposure to contaminates.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hulbert et al. (2021/0353977) in view of Helmy (5,593,454).
As to Claim 4, Hulbert discloses the filter panels (150) comprise: an outer layer (151, “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon.” Para 0028) of abrasion resistant polymeric mesh (“nylon” Para 0028); yet, does not expressly disclose “the outer layer of the filter panels is reinforced with a tear-resistant weave pattern that maintains structural integrity even when subjected to rough handling or snagging”.
Helmy teaches a medical device constructed of “nylon mesh” – “An elastomeric sleeve, for retaining and attaching a prosthesis to a stump of an amputee. Typically, the sleeve is made of polyurethane, soft elastomer reinforced with a nylon or polyurethane mesh. This reinforcement, among other things, eliminates the possibility of support failure caused by a small tear or cut.” (Abstract), whereby the configuration yields “A reinforcing web, molded integral with the sleeve of nylon or polyurethane or material having similar strength and flexibility, controls the stretch parameters and allows the sleeve to stretch four times more around its circumference than along its length.” (Column 2, Lines 1-30) and “A reinforcing mesh 28, molded integral with sleeve 10 and lying between outer surface 15A and inner surface 15B within wall 14, is shown in FIGS. 4 through 9. Mesh 28 can be made of nylon strands, polyurethane, or similar material having similar strength and flexibility.” (Column 3, Lines 40-45) by the orientation as seen in “FIGS. 7 through 9 show mesh 29 of nylon elastomer strands formed into a diamond shaped weave pattern where essentially parallel strands 34 are interwoven with essentially parallel strands 36, resulting in a plurality of diamond patterns, each with a longitudinal dimension 38 and a circumferential dimension 40.” (Column 4, Lines 1-15) for the purpose of providing a material “having similar strength and design, also inhibits another more serious failure problem which might result when a small cut, puncture or tear progresses completely across sleeve 10 and results in total support failure.” (Column 4, Lines 45-60).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the unspecified weave pattern of the nylon mesh of Hulbert to be constructed with a diamond shaped weave pattern as taught by Helmy to impart strength, flexibility, and inhibit the formation of any cuts, punctures, or tears which would result in total support failure.
Claims 11, 12, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hulbert et al. (2021/0353977) in view of Wirthlin (5,796,472).
As to Claim 11, Hulbert discloses the filter panels (150) having a frame (152) for insertion of the filter panel (150) into the main body (100) (via 114 for releasable fitment); yet, does not expressly disclose the configuration of the filter panels being “stitched with a fluorescent thread around an outer perimeter of each filter panel”.
Wirthlin teaches a filter (14, “Referring now to the drawings, and to FIGS. 1 and 2 in particular, a filter contamination detector 10 is illustrated in connection with an air filter 14 (shown in dashed line).” Column 3, Lines 50-65) oriented in proximity to a fluorescent component (26/30/34/52, wherein 26 – “With reference now to FIG. 5, an array 25 of fluorescent fiber optics 26 are arranged in a predetermined pattern such that there is no overlap of fibers in the light collecting area of the filter. … The free end of each fiber may be connected to a surface of the filter, a filter housing, or may be embedded in the filter itself. … In an alternative arrangement, the fluorescent fibers 26 can be woven together to form a light collector sheet 29 with the ends of the fibers contained in one or more sleeves 27, as illustrated in FIG. 5A. When the light collector sheet 29 is used to detect the dirtiness of an air filter, there should be a sufficient amount of voids in the sheet and the voids should be of a sufficient size so as to unimpede the flow of air through the sheet. ” Column 5, Lines 20-50; and wherein 30/34 – “Although the previous embodiments show the collector 18 placed either above or below the filter, a collector in the form of a fluorescent fiber optic 30 (shown in dashed line) can be placed within a filter 32 during manufacture so as to be completely encapsulated therein, as shown in FIG. 6. Alternatively, a fluorescent fiber optic 34 can be stitched into a pleated filter 36 (FIG. 7), such that part of the fiber optic is embedded in the filter and part is exposed to the environment.” Column 5, Lines 45-55; and wherein 52 – “With reference now to FIG. 10, a cylindrical pleated air filter 50 has a light collector in the form of a pair of fluorescent fiber optics 52 wrapped around an outer periphery thereof. … When the light source is positioned outside of the filter, a curved fluorescent light, LED array, electro-luminescent strip or other elongate light source may be used to provide a substantially uniform light around the outer periphery of the filter. In all of the previous embodiments, the light source and detector may be operated constantly or intermittently. Well known circuitry (not shown) can be connected to the detector 24 to provide an indication of the filter condition. Such circuitry may drive a single indicator LED when the dirtiness of the filter passes a predetermined set point to give an indication that the filter needs replacement, or may drive an array of LED's when the filter passes sequential predetermined set points to give an indication as to how much useful filter life is left. Alternatively, the circuitry may drive a digital display or other well known display device to give more precise indication of the degree of filter contamination or the amount of remaining filter life.” Column 6, Lines 10-45) for the purpose of identifying “the dirtiness of an air filter”, “provide an indication of the filter condition”, “to give more precise indication of the degree of filter contamination or the amount of remaining filter life”.
With respect to the explicit orientation of the fluorescent thread around the outer perimeter of each filter panel, the fluorescent component (26) considers the orientation of the fluorescent component (26) “connected to a surface of the filter, a filter housing”; the fluorescent component (34) considers the orientation of the fluorescent component (34) “stitched into a pleated filter 36 (FIG. 7) … and part is exposed to the environment”; and the fluorescent component (52) considers the orientation of the fluorescent component (52) “wrapped around an outer periphery thereof …[in order] to provide a substantially uniform light around the outer periphery of the filter”. Consequently, the location of any of the aforementioned fluorescent components are oriented about an outer perimeter of each filter panel and are suitable for providing an identification of “the dirtiness of an air filter”, “provide an indication of the filter condition”, “to give more precise indication of the degree of filter contamination or the amount of remaining filter life” in order to convey information about the filter to the wearer.
Therefore, the modification of the filter panels of Hulbert to include the use of a fluorescent thread oriented about the outer perimeter of each filter panel, as taught by Wirthlin is a known orientation suitable for imparting information about the filter to the wearer.
As to Claim 12, the modified Hulbert, specifically Wirthlin teaches the incorporation of a fluorescent thread oriented about the outer perimeter of each filter panel in order to convey information about the filter to the wearer; yet, does not expressly disclose “the thread is encased in a urethane gasket encapsulating a perimeter of each of the filter panels, and wherein the thread is visible through the gasket under ultraviolet light to ensure the integrity of the filter panels.”
Wirthlin teaches the orientation of the fluorescent thread (26) being encapsulated (“The free end of each fiber may be connected to a surface of the filter, a filter housing, or may be embedded in the filter itself. … In an alternative arrangement, the fluorescent fibers 26 can be woven together to form a light collector sheet 29 with the ends of the fibers contained in one or more sleeves 27, as illustrated in FIG. 5A. When the light collector sheet 29 is used to detect the dirtiness of an air filter, there should be a sufficient amount of voids in the sheet and the voids should be of a sufficient size so as to unimpede the flow of air through the sheet. ” Column 5, Lines 20-50) and further teaches each of the fluorescent threads are visible under ultraviolet light (based upon the light source utilized – “Alternatively, the light source may be of the infra-red or ultra-violet type.” Column 4, Lines 20-35).
Therefore, the modification of the orientation of the fluorescent thread to be encapsulated and visible with UV light of the modified Hulbert, was a known result effective configuration in order to impart information about the filter to the wearer.
As to Claim 17, Hulbert discloses the filter panels (150) having a frame (152) for insertion of the filter panel (150) into the main body (100) (via 114 for releasable fitment), wherein the filter panels (150) are constructed with multiple layers (each of 151, 152, 154, 156, 154, and 152 – “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon. Next, a layer of flexible nylon mesh 152 may be provided of finer mesh size than outer layer of rigid mesh 151. Layer 152 of flexible nylon mesh may comprise, by way of non-limiting example, SPANDEX. Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media. Next, a layer of activated carbon fiber cloth 156 may be provided, such as by way of non-limiting example FLEXZORB FM100 activated carbon cloth available from Calgon Carbon Corporation. Next, another layer 154 of particulate filtration media configured as described above may be provided. Finally, another layer 152 of nylon mesh may be provided at an interior side of filter assemblies 150.” Para 0028) including the layering of an outer scratch-resistant mesh layer (151, “In a particularly preferred configuration, each filter assembly 150 comprises an outer layer of rigid mesh 151, which in certain configurations may comprise nylon.” Para 0028), a spandex mesh layer (152, “Next, a layer of flexible nylon mesh 152 may be provided of finer mesh size than outer layer of rigid mesh 151. Layer 152 of flexible nylon mesh may comprise, by way of non-limiting example, SPANDEX.” Para 0028), one or more electrostatic filter media layers (154, “Next, preferably multiple layers, and more preferably three layers, of particulate filtration media 154 are provided. In certain configurations, each layer of particulate filtration media may comprise an advanced filtering media, such as by way of non-limiting example advanced electret media.” Para 0028), a carbon cloth layer (156, “Next, a layer of activated carbon fiber cloth 156 may be provided, such as by way of non-limiting example FLEXZORB FM100 activated carbon cloth available from Calgon Carbon Corporation.” Para 0028), an additional spandex mesh layer (152, “Finally, another layer 152 of nylon mesh may be provided at an interior side of filter assemblies 150.” Para 0028) to form a multi-layer filter assembly (each of 151, 152, 154, 156, 154, and 152) for the construction of each one of the plurality of filter panels (150).
Yet, does not expressly disclose the configuration of the filter panels having “stitching said multi-layer filter assembly around a perimeter of the multi-layer assembly with a fluorescent thread” nor “encapsulating the stitched perimeter with a urethane gasket in a mold to form a sealed edge”.
Wirthlin teaches a filter (14, “Referring now to the drawings, and to FIGS. 1 and 2 in particular, a filter contamination detector 10 is illustrated in connection with an air filter 14 (shown in dashed line).” Column 3, Lines 50-65) oriented in proximity to a fluorescent component (26/30/34/52, wherein 26 – “With reference now to FIG. 5, an array 25 of fluorescent fiber optics 26 are arranged in a predetermined pattern such that there is no overlap of fibers in the light collecting area of the filter. … The free end of each fiber may be connected to a surface of the filter, a filter housing, or may be embedded in the filter itself. … In an alternative arrangement, the fluorescent fibers 26 can be woven together to form a light collector sheet 29 with the ends of the fibers contained in one or more sleeves 27, as illustrated in FIG. 5A. When the light collector sheet 29 is used to detect the dirtiness of an air filter, there should be a sufficient amount of voids in the sheet and the voids should be of a sufficient size so as to unimpede the flow of air through the sheet. ” Column 5, Lines 20-50; and wherein 30/34 – “Although the previous embodiments show the collector 18 placed either above or below the filter, a collector in the form of a fluorescent fiber optic 30 (shown in dashed line) can be placed within a filter 32 during manufacture so as to be completely encapsulated therein, as shown in FIG. 6. Alternatively, a fluorescent fiber optic 34 can be stitched into a pleated filter 36 (FIG. 7), such that part of the fiber optic is embedded in the filter and part is exposed to the environment.” Column 5, Lines 45-55; and wherein 52 – “With reference now to FIG. 10, a cylindrical pleated air filter 50 has a light collector in the form of a pair of fluorescent fiber optics 52 wrapped around an outer periphery thereof. … When the light source is positioned outside of the filter, a curved fluorescent light, LED array, electro-luminescent strip or other elongate light source may be used to provide a substantially uniform light around the outer periphery of the filter. In all of the previous embodiments, the light source and detector may be operated constantly or intermittently. Well known circuitry (not shown) can be connected to the detector 24 to provide an indication of the filter condition. Such circuitry may drive a single indicator LED when the dirtiness of the filter passes a predetermined set point to give an indication that the filter needs replacement, or may drive an array of LED's when the filter passes sequential predetermined set points to give an indication as to how much useful filter life is left. Alternatively, the circuitry may drive a digital display or other well known display device to give more precise indication of the degree of filter contamination or the amount of remaining filter life.” Column 6, Lines 10-45) for the purpose of identifying “the dirtiness of an air filter”, “provide an indication of the filter condition”, “to give more precise indication of the degree of filter contamination or the amount of remaining filter life”.
With respect to the explicit orientation of the fluorescent thread around the outer perimeter of each filter panel, the fluorescent component (26) considers the orientation of the fluorescent component (26) “connected to a surface of the filter, a filter housing”; the fluorescent component (34) considers the orientation of the fluorescent component (34) “stitched into a pleated filter 36 (FIG. 7) … and part is exposed to the environment”; and the fluorescent component (52) considers the orientation of the fluorescent component (52) “wrapped around an outer periphery thereof …[in order] to provide a substantially uniform light around the outer periphery of the filter”. Consequently, the location of any of the aforementioned fluorescent components are oriented about an outer perimeter of each filter panel and are suitable for providing an identification of “the dirtiness of an air filter”, “provide an indication of the filter condition”, “to give more precise indication of the degree of filter contamination or the amount of remaining filter life” in order to convey information about the filter to the wearer.
With respect to the explicit orientation of the fluorescent thread being encapsulated, fluorescent thread (26) is encapsulated (“The free end of each fiber may be connected to a surface of the filter, a filter housing, or may be embedded in the filter itself. … In an alternative arrangement, the fluorescent fibers 26 can be woven together to form a light collector sheet 29 with the ends of the fibers contained in one or more sleeves 27, as illustrated in FIG. 5A. When the light collector sheet 29 is used to detect the dirtiness of an air filter, there should be a sufficient amount of voids in the sheet and the voids should be of a sufficient size so as to unimpede the flow of air through the sheet. ” Column 5, Lines 20-50) and further teaches each of the fluorescent threads are visible under ultraviolet light (based upon the light source utilized – “Alternatively, the light source may be of the infra-red or ultra-violet type.” Column 4, Lines 20-35).
Therefore, the modification of the filter panels of Hulbert to include the use of a fluorescent thread oriented about the outer perimeter of each filter panel and the encapsulation of the fluorescent thread within a urethane gasket, as taught by Wirthlin is a known orientation suitable for imparting information about the filter to the wearer.
As to Claim 18, the modified Hulbert, specifically Wirthlin teaches each of the fluorescent threads are visible under ultraviolet light (based upon the light source utilized – “Alternatively, the light source may be of the infra-red or ultra-violet type.” Column 4, Lines 20-35). Thus, the claimed feature of “inspecting the filter panel under ultraviolet light to confirm that the fluorescent thread is completely encapsulated by the urethane gasket” would be an obvious method of utilizing the structure and orientation of the fluorescent thread in order to impart information about the filter to the wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brumfield (3,633,575) discloses an additional protective respiratory mask system having a foldable/collapsible configuration.
Xu et al. (2004/0226563) discloses an additional protective respiratory mask system having separate sealing regions for each of the eyes, nose and mouth.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
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