DETAILED ACTION
This Office Action is in response to the filing of the application on 11/21/2023. Since the initial filing, no claims have been amended, added, or cancelled. Thus, claims 1-10 are pending in the application.
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 .
Drawings
The drawings are objected to because Figs. 4 and 5 fail to comply with 37 CFR 1.84(h)(1) whereby an exploded view should be embraced by a bracket in order to show the relationship between the shown elements. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 of the disclosure is objected to because it contains the implied language “Described is” in line 1, which should be omitted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-2 are objected to because of the following informalities:
Claim 1 recites the terms “the upper side” and “the lower side” in lines 2 and 3. Examiner suggests changing to read –an upper side—and –a lower side—in order to provide proper antecedent basis.
Claim 1 recites the terms “the inner side” in line 6. Examiner suggests changing to read –an inner side-- in order to provide proper antecedent basis.
Claim 2 recites the terms “the upper inner side” in line 2. Examiner suggests changing to read –an upper inner side-- in order to provide proper antecedent basis.
Claim 2 recites the language “to exhaust the wearer’s exhalation” in lines 8-9. Examiner suggests changing to read –configured to exhaust the wearer’s exhalation—in order to clarify that a person is not being claimed.
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 2-10 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 term “a filter member” in line 6. It is unclear whether or not this is the same element as the “a filter member” in claim 1 lines 8-9, or some new element. For the purposes of examination, it will be understood to refer to the same element.
Claim 2 recites the term “a one-way filter” in line 8. It is unclear whether or not this is the same element as the “a one-way filter” in claim 1 line 9, or some new element. For the purposes of examination, it will be understood to refer to the same element.
Claim 9 recites the limitation "the push button" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Any remaining claims are rejected for being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoon (KR 20220011060; see attached translation).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Yoon discloses a face mask for fire evacuation (see Fig. 1 face mask A) comprising: a facial part (see Fig. 1 the body of the mask) which includes a goggle mounting part provided on the upper side (see Figs. 1 and 3 where goggles part 100 is mounted to the body of the mask via some mounting connection part), a filter mounting part provided on the lower side (see Fig. 1 filter part 200, mounted to the body of the mask via some filter mounting connection part), and first and second side parts provided on both sides (see Fig. 1 side parts 410 and 420); a goggle part which includes a goggle sheet and is coupled to the goggle mounting part to secure a frontal field of vision (see Figs. 1 and 3 where goggles part 100 is a goggle that couples to the goggle mounting part, and has a goggles sheet 120); a chin-tightening part which is provided on the inner side of the facial part and is configured to correspond to the position of a wearer's chin (see Fig. 1 chin tightening part 300); and a filter part which is coupled to the filter mounting part of the facial part (see Figs. 1-3 where filter part 200 is a filter that mounts to the filter mounting part of the face mask body), and includes a filter member for filtering the wearer's inhalation (see [0043] where the material of the filter unit 200, such as a HEPA filter, filters the user’s inhalation) and a one-way filter for exhausting the wearer’s exhalation (see [0071] and Fig. 1 one-way filter 210), wherein the first and second side parts are fastened to each other (see [0052]-[0054] where the first and second side parts 410/ 420 fasten together).
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.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 1 above, and further in view of Lee (KR 101956253; see attached translated copy) and Danford (US Pat. 10,322,312).
Regarding claim 2, Yoon discloses wherein the filter part comprises: a filter member (see [0043] where the material of the filter unit 200, such as a HEPA filter, filters the user’s inhalation); a one-way filter to exhaust the wearer's exhalation (see [0071] and Fig. 1 one-way filter 210).
Yoon lacks a detailed description of wherein the filter part comprises: a front case having a receptacle fitting groove formed on the upper inner side; a rear case coupled to one side of the front case, and having a receptacle fitting groove formed on the upper inner side; a filter member positioned between the receptacle fitting grooves; a liquid receptacle assembled into the facing receptacle fitting grooves of the front and rear cases to discharge the liquid stored therein and absorb the liquid to the filter member.
However, Lee teaches wherein the filter part comprises: a front case (see Figs. 1-2, first cover 10) having a receptacle fitting groove formed on the upper inner side (see Fig. 4 where an upper part of upper cover 10 has a groove that fits the first water storage portion 50); a rear case coupled to one side of the front case (see Figs. 1-2 second cover 20), and having a receptacle fitting groove formed on the upper inner side (see Fig. 4 where an upper part of upper cover 20 has a groove that fits the first water storage portion 50); a filter member positioned between the receptacle fitting grooves (see Fig. 2 filter unit 40); a liquid receptacle assembled into the facing receptacle fitting grooves of the front and rear cases to discharge the liquid stored therein and absorb the liquid to the filter member (see Figs. 2 and 4 first water storage portion 50; see also [0048] and [0066]-[0067] where the water is able to be discharged to the filter as required). Lee also discloses a lattice member that is formed between the front and rear cases (see Fig. 9 and [0055]-[0057] where water absorbing portion 41 , guide wick 42, and extensions cores 43/44 form a lattice that is placed between the covers 10/20), but lacks both a front and rear lattice member.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter mask of Yoon to have front and rear cases held together with a liquid reservoir as taught by Lee, as it would provide a system for absorbing and transferring water to the filter of the mask in order to have an operational wet-type mask for helping prevent viruses and contaminants (Lee; see [0012]-[0013]).
The modified Yoon device lacks a detailed description of: a front lattice member formed at the lower portion of a front case; and a rear lattice member formed at the lower portion of a rear case; a filter member positioned between the front and rear lattice members of the front and rear cases; a one-way filter connected to the front and rear lattice members to exhaust the wearer's exhalation.
However, Danford teaches a filter mask system, having a front lattice member formed at the lower portion of a front case (see Fig. 5A where retainer 240 is a front lattice formed on a front case member, including the lower portion thereof); and a rear lattice member formed at the lower portion of a rear case (see Fig. 5A where intake restricting element 180 has a plurality of apertures 200/ 202/ 204/ 206 which form a lattice structure, and attach to a lower portion of insert 30) ; a filter member positioned between the front and rear lattice members of the front and rear cases (see Fig. 5A filter 160); a one-way filter connected to the front and rear lattice members to exhaust the wearer's exhalation (see Fig. 4A where an aperture 80 has a membrane 140 and biasing element 88 for acting as an exhalation valve, which must go through the filter 160 and thus forms a one-way filter section; see also Col. 12 line 61 to Col. 13 line 3).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front and rear cases of the modified Yoon device to have front and rear lattice members as taught by Danford, as it would provide additional structural support, while also allowing the user to control the amount of air that they are inhaling (Danford; see Col. 12 lines 50-53).
Regarding claim 3, the modified Yoon device has wherein the front and rear cases are configured such that horizontal guide grooves are respectively formed in the horizontal direction on surfaces facing each other along the upper and lower portions of the receptacle fitting grooves (Lee; see Fig. 2 where the space between the outer upper hole 32 and inner upper holes 35 is a horizontal groove, below the groove that holds water storage 50; with a similar mirrored system at the bottom between inner lower hole 36 and outer lower hole 33 which sits above second water storage 70; see also [0048]) and are communicated with the receptacle fitting grooves through a plurality of vertical connection holes (Lee; see Fig. 2 inner upper holes 35 and inner lower holes 36), such that the liquid moves horizontally along the horizontal guide grooves and is absorbed to the filter member (Lee; see [0048] and [0054] where the water is understood to flow horizontally across the space between the inner and outer holes).
Regarding claim 4, the modified Yoon device has wherein the horizontal guide grooves have liquid discharge holes continuously formed at regular intervals to communicate with the upper surfaces of the front and rear cases and the direction of the front and rear lattice members (Lee; see Fig. 2 outer upper holes 32 and outer lower holes 33, which are regularly placed and discharge water from the water storage 50), such that the liquid discharged through the liquid discharge holes is absorbed to the filter member (Lee; see [0048] and [0054]).
Regarding claim 5, the modified Yoon device has wherein the horizontal guide grooves have liquid discharge holes formed in communication with the central direction of the front and rear lattice members (Lee; see Fig. 2 where outer upper holes 32 and outer lower holes 33 are arranged with an in communication with some central direction of the modified lattice members between them), such that the liquid is concentratedly discharged towards the wearer's nose area and absorbed to the filter member (Lee; see Fig. 2 and [0048] and [0054] where water is discharged from water storage part 50, which is around the upper part of the mask and thus in a general “nose area” in order to be absorbed by the filter).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Lee in view of Danford as applied to claim 3 above, and further in view of Nakamura (US Pat. 8,875,698).
Regarding claim 6, the modified Yoon device has wherein the front and rear cases are configured to have liquid discharge holes (Lee; see Fig. 2 where outer upper holes 32 and outer lower holes 33 are arranged with an in communication with some central direction of the modified lattice members between them) and vertical connection holes provided between the receptacle fitting grooves and the horizontal guide grooves (Lee; see Fig. 2 inner upper holes 35 and inner lower holes 36), such that the liquid entering the horizontal guide grooves through the vertical connection holes is discharged through the liquid discharge holes and moves horizontally along the horizontal guide grooves (Lee; see [0048] and [0054] and Fig. 2 where the water is understood to flow horizontally across the space between the inner and outer holes).
The modified Yoon device lacks a detailed description of wherein liquid discharge holes have a diameter smaller than that of the vertical connection holes.
However, Nakamura teaches a device that discharges a fluid for medical use, where the first discharge holes to interact with the liquid are larger than the second discharge holes to interact with the fluid (see Fig. 4 where a first plate is lower plate 120B, and a second plate it upper plate 120A, which interact in sequence with the expelled fluid).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the liquid discharge holes to have a smaller diameter than the vertical connection holes as taught by Nakamura, as it would allow for a controlled refinement over the liquid that leaves the vertical connection holes to access the filter in the modified device (Nakamura; see Col. 2 lines 54-56).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Lee in view of Danford as applied to claim 2 above, and further in view of Strickman et al. (US Pat. 4,061,144).
Regarding claim 7, the modified Yoon device has wherein the liquid receptacle has a shape to be accommodated inside the receptacle fitting groove (Lee; see Fig. 2 where the water storage part 50 is sized to fit into the groove which holds it), a pulling handle (Lee; see opening and closing member 60), such that when the wearer pulls the pulling handle, the liquid stored inside is discharged out (Lee; see [0067]-[0069]).
The modified Yoon device lacks a detailed description of a cut tape which is formed longitudinally at one side to be connected with a pulling handle, such that when the wearer pulls the pulling handle, the cut tape is separated from the liquid receptacle and the liquid stored inside is discharged out.
However, Strickman teaches a liquid reservoir for a medical device, which is accessed by a cut tape which is formed longitudinally at one side (see Fig. 1 membranes 21/22) to be connected with a pulling handle (Fig. 1 pull string 23), such that when the wearer pulls the pulling handle, the cut tape is separated from the liquid receptacle and the liquid stored inside is discharged out (see Col. 2 lines 19-28).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening and closing member of the modified Yoon device to be a pull string attached to a rupturable membrane as taught by Strickman, as it would be a simple substitution of one means for opening and accessing a sealed container of liquid for another, to yield the predictable result of accessing and releasing the sealed liquid.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Lee in view of Danford as applied to claim 2 above, and further in view of Stanus et al. (US Pat. 7,942,851).
Regarding claim 8, the modified Yoon device has wherein the liquid receptacle has a shape to be accommodated inside the receptacle fitting groove (Lee; see Fig. 2 where the water storage part 50 is sized to fit into the groove which holds it), a pulling handle is connected to one side thereof (Lee; see opening and closing member 60), and when the wearer pulls the pulling handle on one side of the receptacle fitting groove, the liquid stored inside is discharged out (Lee; see [0067]-[0069]).
The modified Yoon device lacks a detailed description of wherein a slit pin pierces one side of the liquid receptacle moving when the wearer pulls the pulling handle in the direction of the slit pin provided on one side of the receptacle fitting groove, such that a tube is cut and the liquid stored inside is discharged out.
However, Stanus teaches a medical fluid reservoir, where a slit pin pierces one side of the liquid receptacle (see Fig. 4 beveled tip 34 of perforator 16) moving when the wearer pulls the pulling handle in the direction of the slit pin (see Fig. 4 where a user pulls down on arms 22, in the direction of the beveled tip 34), such that a reservoir is cut and the liquid stored inside is discharged out (see Col. 5 lines 14-35).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening and closing member of the modified Yoon device to be a slit pin attached to a pulling handle as taught by Stanus, as it would be a simple substitution of one means for opening and accessing a sealed container of liquid for another, to yield the predictable result of accessing and releasing the sealed liquid.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Lee in view of Danford as applied to claim 2 above, and further in view of Herr (US Pat. 9,078,983).
Regarding claim 9, the modified Yoon device has wherein the liquid receptacle has a shape to be accommodated inside the receptacle fitting groove (Lee; see Fig. 2 where the water storage part 50 is sized to fit into the groove which holds it), and means for interacting with the liquid receptacle such that the liquid stored inside is discharged out (Lee; see [0067]-[0069]).
The modified Yoon device lacks a detailed description of a slit pin provided on one side of the receptacle fitting groove to be connected to a press button, such that when the wearer presses the push button, the slit pin pierces the one side of the liquid receptacle and the liquid stored inside is discharged out.
However, Herr teaches a medical device for accessing a fluid reservoir, where a slit pin provided to be connected to a press button (see Figs. 1-2 needle 56 and Col. 4 lines 38-45), such that when the wearer presses the push button (see Figs. 1-2 thumb button 30), the slit pin pierces the one side of the liquid receptacle and the liquid stored inside is discharged out (see Col. 4 lines 38-45).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening and closing member of the modified Yoon device to be a slit pin attached to a push button as taught by Herr, as it would be a simple substitution of one means for opening and accessing a sealed container of liquid for another, to yield the predictable result of accessing and releasing the sealed liquid.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Lee in view of Danford as applied to claim 2 above, and further in view of Irving et al. (US Pub. 2023/0191171).
Regarding claim 10, the modified Yoon device has the one-way filter of the filter part, the front lattice member and the rear lattice member, which face each other.
The modified Yoon device lacks a detailed description of wherein the one-way filter of the filter part includes front and rear cap bushings which are respectively formed to be extended to one side of a front cap assembled to the front lattice member and a rear cap assembled to the rear lattice member, which face each other, such that the rear cap bushing fits inside the front cap bushing penetrating a cap insertion hole of the filter member to communicate with each other.
However, Irving teaches a filtering mask, having a one-way filter valve for exhalation (see Fig. 1 central exhalation valve 6) and includes front and rear cap bushings which are respectively formed to be extended to one side of a front cap and a rear cap (see Figs. 1-2 where central valve 6 has a rear bushing on rear plate 33 and front bushings around hole 41 using projections 43), which face each other, such that the rear cap bushing fits inside the front cap bushing penetrating a cap insertion hole of the filter member to communicate with each other (see Figs. 1-2 where the rear part of valve 6 extends out and into a central part 54 of the filter, and interact with projections 43).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one-way valves and filters of the modified Yoon device to have rear and front bushings to connect them together as taught by Irving, as it would be a simple substitution of one type of valve configuration for another, to yield the predictable result of providing an exhalation valve that interacts with a filter member. It is further understood that in the modified Yoon device, the modified one-way valve filter is positioned so that a rear side is along the rear lattice, and the front side if along the front lattice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Moulton et al. (US Pub. 2018/0008848) and Lo (US Pub. 2021/0113863) are cited to show similar mask filter devices, having a filter placed between front and rear plate members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D ZIEGLER whose telephone number is (571)272-3349. The examiner can normally be reached Mon-Fri 10:00-6:00.
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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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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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