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 .
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
In claim 1, line 7 "relative to the relative to mask" is suggested to be changed to --relative to the mask-- to correct a typographical error.
In claim 8, line 2 "configured for configured for engagement" is suggested to be changed to --configured for engagement-- to correct a typographical error.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-7 and 17 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 2 recites the limitation "the one or more surfaces" in line 4. There is insufficient antecedent basis for this limitation in the claim.
In claim 4, lines 2-3 the limitation “define one or more strap component interfaces” is unclear if this is the same strap component interface in claim 1 or additional strap component interface.
Claim 17 is unclear what the material portion defines, the scope of the claim cannot be determined.
All remaining claims are rejected based on their dependency of a rejected base claim.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 8, 11-15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leng (WO2021/162631).
With respect to claim 1, Leng discloses a respiratory protective device (10000, fig 26) comprising a mask component (10500, fig 31) configured to engage a face of a user (see fig 26 and [0435]); and a strap component (10401, fig 26) configured for selective attachment to the mask component (see [0433]), the strap component being further configured to be worn by the user such that at least a portion of the mask component selectively attached thereto is positioned against the face of the user, wherein the strap component defines a selectively detachable configuration relative to mask component (see fig 26 and [0435] where the strap attaches to the mask (10524/10456) is attached to the mask which is positioned on the user’s face); wherein the mask component comprises a plurality of integrated fastener components (attachment structure; 10524, fig 29) configured for selective engagement with at least a portion of the strap component (see mating attachment structure; 10456, fig 26) to secure the strap component relative to the mask component (see [0433]), wherein the plurality of integrated fastener components are integrally configured as part of the mask component such that the mask component defines one or more strap component interfaces at which the mask component is configured for detachable attachment to the strap component (note the attachment structure 10524 of the mask is integrally configured as part of the unit of the mask component 10500, in fig 31).
With respect to claim 8, Leng discloses the mask component comprises a face seal component (9502, fig 32) configured for configured for engagement with the face of the user (see [0413]) and an outer shell component (9522, fig 31) configured for attachment relative to the face seal component (see face seal and shell attached in fig 31 and [0413]), wherein the plurality of integrated fastener components are defined by the face seal component (note the shell and seal are connected and define the fastener 10524 in fig 31).
With respect to claim 11, Leng discloses at least a portion of the strap component is made from a 3-dimensional (3D) knitted material (see [0420] and figs 36A-36B).
With respect to claim 12, Leng discloses at least substantially an entirety of the strap component is made from the 3D knitted material (see [0401]).
With respect to claim 13, Leng discloses the strap component defines one or more mask component interfaces comprising a 3D knitted material portion (see interfaces 10456, fig 29 of hook and loop fastener; [0401 and 433]) defined by the strap component at which the strap component is configured for selective attachment to a corresponding one of the strap component interfaces defined by the mask component (see [0433]).
With respect to claim 14, Leng discloses the 3D knitted material portion defines at least a portion of a strap component surface such that the selective attachment of the mask component to the strap component is defined at least in part by an engagement of the plurality of integrated fastener elements with the strap component surface defined by the 3D knitted material portion (see figs 26 and 29 and [0433]).
With respect to claim 15, Leng discloses the 3D knitted material portion defines a plurality of loop fastener elements (see fig 29; the fastener element 10456 is on the knitted material of 10401; [0433]) configured for selective attachment with the plurality of integrated fastener components of the mask component (see [0433] and fig 29).
With respect to claim 17, as best understood, Leng discloses the 3D knitted material portion defines at least substantially (see [0401]).
Claim(s) 1, 8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rudolph (6,192,886).
With respect to claim 1, Rudolph discloses a respiratory protective device (1, fig 1) comprising a mask component (5, fig 5) configured to engage a face of a user (see fig 1 and col. 3, lines 50-67 and col. 4, lines 1-2); and a strap component (9/40, fig 1) configured for selective attachment to the mask component (see col. 3, lines 31-32), the strap component being further configured to be worn by the user such that at least a portion of the mask component selectively attached thereto is positioned against the face of the user (see col. 3, lines 31-32), wherein the strap component defines a selectively detachable configuration relative to mask component (see figs 1-2 where the strap attaches to the mask (via 45/90) is attached to the mask which is positioned on the user’s face); wherein the mask component comprises a plurality of integrated fastener components (mounting buttons; 45/90, fig 2) configured for selective engagement with at least a portion of the strap component (see col. 4, lines 56-67 and col. 5, lines 1-11) to secure the strap component relative to the mask component (see col. 4, lines 56-67 and col. 5, lines 1-11 and col. 6, lines 22-27), wherein the plurality of integrated fastener components are integrally configured as part of the mask component such that the mask component defines one or more strap component interfaces at which the mask component is configured for detachable attachment to the strap component (note the attachment structures 45/90 of the mask is integrally configured as part of the unit of the mask component 5, in figs 1-2).
With respect to claim 8, Rudolph discloses the mask component comprises a face seal component (sealing flange; 33, fig 2) configured for configured for engagement with the face of the user (see col. 4, lines 3-16) and an outer shell component (nasal cup; 13, fig 2) configured for attachment relative to the face seal component (see face seal and shell attached in fig 2 and col. 4, lines 3-16), wherein the plurality of integrated fastener components are defined by the face seal component (see 45 as part of the seal 33 in fig 2).
With respect to claim 10, Rudolph discloses the plurality of integrated fastener components are distributed along a perimeter edge portion defined by an outer surface of the face seal component (see the fastener components 45 on an outer perimeter surface of the sealing flange in fig 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (WO2021/162631).
With respect to claim 2, Leng discloses the plurality of integrated fastener components of the mask component comprise a plurality of hook and loop fastener elements configured for engagement with a plurality of hook and loop fastener elements defined by the one or more surfaces of the strap component, but is silent regarding the mask component comprising hook fastener elements and the strap component comprising loop fastener elements.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the plurality of integrated fastener components of the mask component comprise a plurality of hook fastener elements and the plurality of loop fastener elements on the surface of the strap component, for the purpose of fastening the mask and strap together, since it has been held that rearranging parts of an invention involves only routine skill in the art MPEP 2144.04 VI. (C)
With respect to claim 3, Leng discloses the plurality of integrated fastener components are provided at an outward-facing surface (non-patient contacting side; see [0433] of Leng) of the mask component (see the integrated fastener components 10524 on the outer surface of 10500 in fig 31).
With respect to claim 4, Leng discloses the plurality of integrated fastener components are distributed about the outward-facing surface so as to define one or more strap component interfaces (hook and loop fastener 10524 define a mating surface for fastening to the strap component; [0433] of Leng) positioned along one or more perimeter edge portions (fig 31 shows the fastener 10524 at perimeter (area near lead line 9522 in fig 31 of Leng) of the outward-facing surface at which the mask component is configured for selective attachment to the strap component (see [0433] of Leng).
With respect to claim 5, Leng discloses the one or more strap component interfaces comprises a plurality of strap component interfaces (plurality of hook fasteners on the fastener 10524, fig 31 of Leng).
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Annotated fig 31 of Leng.
With respect to claim 6, Leng discloses the plurality of strap component interfaces comprises a first strap component interface (see annotated fig 31 of Leng) defined by a first portion of the plurality of integrated fastener components (see annotated fig 31 of Leng) arranged in a first array (plurality of hook fastener elements on fastener 10524 arranged in an array) along a first lateral end of the mask component (see annotated fig 31 of Leng) and a second strap component interface (see annotated fig 31 of Leng) defined by a second portion of the plurality of integrated fastener components (see annotated fig 31 of Leng) arranged in a second array along a second lateral end of the mask component (see annotated fig 31 of Leng).
With respect to claim 7, Leng discloses the plurality of strap component interfaces further comprises a third strap component interface (see annotated fig 31 of Leng) defined by a third portion of the plurality of integrated fastener components (see annotated fig 31 of Leng) arranged along a bottom end of the mask component (see annotated fig 31 of Leng).
Claim(s) 16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng as applied to claim 15 and 1, respectively, above, further in view of Ribich (3,708,833).
With respect to claim 16, Leng discloses the fastener elements (hook and loop fasteners of 10456, fig 29 and [0433] of Leng) and the plurality of loop fastener elements defined by the 3D knitted material portion being arranged in an interlocking configuration (defined by strap 10401 in fig 29 and [0401] of Leng), but is silent regarding the plurality of loop fastener elements comprises a top loop portion, one or more side loop portion, and a bottom loop portion that collectively define an inner loop portion, the plurality of loop fastener elements defined by the 3D knitted material portion being arranged in a half-looped interlocking configuration.
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Annotated fig. 9 of Ribich.
However, Ribich teaches a hook and loop fastener (fig 1 and col. 1, lines 1-8) comprising a plurality of loop fastener elements (fig 9) each comprise a top loop portion (see annotated fig 9 of Ribich), one or more side loop portion (see annotated fig 9 of Ribich), and a bottom loop portion (see annotated fig 9 of Ribich) that collectively define an inner loop portion (see annotated fig 9 of Ribich), the plurality of loop fastener elements arranged in a half-looped interlocking configuration (see loops interlocking with the hooks in fig 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the loop fastener elements of Leng to include a loop arranged in a half-looped interlocking configuration as taught by Ribich so as to provide a well-known hook and loop fastener easily separable.
With respect to claim 18, Leng discloses all the elements as claimed above but is silent regarding each of the plurality of integrated fastening components comprise a base portion and a head portion, the base portion protruding from a surface of the mask component in an at least partially outward direction away from the surface to a distal base end, and the head portion being positioned at the distal base portion.
However, Ribich teaches a hook and loop fastener (fig 1 and col. 1, lines 1-8) comprising a plurality of integrated fastening components (hooks; 44, fig 9) comprise a base portion (34, fig 6) and a head portion (42, fig 6), the base portion protruding from a surface in an at least partially outward direction away from the surface to a distal base end (see hook protruding from surface 46 in fig 6), and the head portion being positioned at the distal base portion (see head portion at the distal end opposite the surface in fig 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of integrated fastening components of Leng to include hooks as taught by Ribich so as to provide a well-known hook and loop fastener easily separable.
With respect to claim 19, the modified Leng shows the head portion of each of the integrated fastener components is defined by a respective plurality of curved engagement arms (radial extensions; 40, fig 6 of Ribich) defined by a curvature (concave junctions; 48, fig 6 of Ribich) directed towards the surface of the mask component from which the integrated fastener component protrudes (see hook head curving toward surface 46 in fig 6 of Ribich).
With respect to claim 20, the modified Leng shows the head portion of each of the integrated fastener components is defined by a respective outermost surface having an at least substantially rounded configuration (see rounded surface of surface 38 in figs 5-7 of Ribich).
Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, rejected under 35 U.S.C. 103 as being unpatentable over Rudolph (6,192,886).
With respect to claim 9, Rudolph teaches that the face seal component and the plurality of integrated fastener components are integrally formed (see col. 5, lines 4-11), but is silent as to the method of injection mold processing. The claimed phrase “wherein both the face seal component and the plurality of integrated fastener components defined by the face seal component are made via an injection mold process such that the face seal component and the plurality of integrated fastener components are defined by a singular material component” is being treated as a product by process limitation; that is, that seal component and integrated fastener components are made in a single piece. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 U.S.C. 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113.
Thus, even though Rudolph is silent as to the injection molding process, it appears that the product in Rudolph would be the same or similar as that claimed; especially since both applicant’s product and the prior art product is made of flexible material (see col. 3, lines 42-49 and 66-67 and col. 4, lines 1-2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Solesbee (5,485,837) and Wanderer (2015/0216710) are cited to show additional masks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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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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/KELSEY E BALLER/ Examiner, Art Unit 3785
/TU A VO/ Primary Examiner, Art Unit 3785