DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
The Amendment filed January 02, 2026 has been entered. Claims 1, 3, 11, and 13 have been amended. Claims 2, and 12 have been cancelled. Claims 1, 3-11, and 13-20 remain pending in the application.
Claim Rejections - 35 USC § 103
2. 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 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.
3. 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 of this title, 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.
4. 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.
5. Claims 1, 3-11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Adams U.S. Patent Application Publication 20210345695.
Regarding claim 1, Adams teach a respiratory protective device (smart mask 100, FIG. 1A, par [0120], see Adams) comprising:
an earpiece connector component (FPC connectors, see Fig. 9D, par [0201]) detachably connected to the respiratory protective device ((smart mask 100, FIG. 1A, par [0120]); Various FPC connectors may be used to connect the audio subsystem and the mask subsystem. Table-1 (below) illustrates a list of FPC connectors that may be included for connecting the audio subsystem and the mask subsystem, par [0201], see Adams); and
a main controller component (one or more controller(s) 750, FIG. 7, par [0183] see Adams) electronically coupled to the earpiece connector component (see one or more controller(s) 750, an audio subsystem 770 (par [0183] ), or one or more earbuds (e.g., a pair of earbuds) 772 (par [0188], FIG. 7). In some embodiments, the internal structure of the mask is designed to have the left side battery, fan, and LED ring connect to the audio system board, which, in turn, connects the fan controller and power board located at the right side of the mask through flexible printed cables (FPC). As such, other than the connectors, no additional circuit on the audio subsystem board is required for the batteries, fans, and/or LED rings, par [0190], see Adams), wherein the main controller component is configured to:
in response to receiving an earpiece connection signal (a single tap at a control button (or any control buttons) would allow the user to accept phone calls, par [0177]) associated with an earpiece device (earbuds 612, 614, Fig. 6A) from the earpiece connector component (In some embodiments, the earbuds 612, 614 are voice assistant ready, a single tap at a control button (or any control buttons) would allow the user to accept phone calls, par [0177], see Adams. In other words, in response to an incoming signal, a single tap a control button allowing the user to receive the call):
transmit a primary sound sensor activation signal (via first microphone, see par [0210]) (the audio subsystem also includes a microphone configured to receive a voice input, see par [0015], see Adams) to a device sound sensor (second microphone, par [0210]) component disposed on the respiratory protective device (in embodiments, there are multiple buttons on each of the left side and right side of the mask. On one side of the mask, there is a multi-function control button or ANC button. The audio subsystem can be turned on/off by long-pressing the multi-function control button for a predetermined time (e.g., 3 seconds). In some embodiments, the multi-function control button is configured to control the power of the audio subsystem only. In some embodiments, the multi-function control button is also configured to control ANC related functions, such as switching the audio subsystem between ANC mode, ambient mode, or off mode. In some embodiments, ANC and ambient modes may also be controlled by voice commands via Bluetooth to the audio subsystem board, Fig. 9G, par [0208]; In some embodiments, two microphones are implemented. A first microphone is placed inside the mask towards the user for receiving the user's voice. In some embodiments, to avoid the direct breath from the user into the first microphone, the first microphone is positioned at one side of the mouth. A second microphone is configured to enable environment noise cancellation. The environment noise include noise from the fan or ambient noise (such as noise generated by wind, motor, or vehicle). In some embodiments, at least one of the microphones (especially the first microphone) is capable of working in a highly humid environment, due to the moisture generated by breath, par [0210], see Adams). In other words, here “first microphone” corresponding to “primary sound sensor” and “second microphone” corresponding to “device sound sensor” performing switching operation mode.
Adams further teaches in some embodiments, the audio subsystem also includes an active noise cancellation subsystem configured to detect surrounding noise and cause the audio subsystem to emit a sound wave with the same amplitude of the surrounding noise but with inverted phase to the surrounding noise to cancel out the surrounding noise (par [0016], see Adams). In some embodiments, the audio subsystem 770 also includes an ANC subsystem 774. The ANC subsystem 774 includes an ANC microphone configured to receive voice inputs (corresponding to a sound sensor signal) and/or surrounding noise (corresponding to a reference sound sensor signal). The surrounding noise is used to generate feedback or feedforward to the audio subsystem 770, such that the audio subsystem 770 can emit a sound wave with the same amplitude but with inverted phase to the surrounding noise to cancel out the surrounding noise. The one or more controller(s) 750 is further configured to turn on and off the ANC subsystem 774. In some embodiments, when the ANC subsystem 774 is turned off, the microphone 776 can still be used as a regular microphone configured to receive and process voice command(s) from a user. In some embodiments, more than one microphone is implemented in the audio subsystem 770. At least one of the microphones is part of the ANC subsystem 774, and at least another one of the microphones is used for receiving voice from users (see Fig. 7, par [0189], see Adams).
However, Adams does not explicitly disclose transmit at least one of a reference sound sensor activation signal or a sound sensor deactivation signal to an earpiece sound sensor component of the earpiece device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, those of ordinary skill in the art when facing a design need of providing transmit at least one of a reference sound sensor activation signal or a sound sensor deactivation signal to an earpiece sound sensor component of the earpiece device (i.e., the would have recognized and would have been obvious to try to modify the respiratory protective device of taught by Adams such that to obtain transmit at least one of a reference sound sensor activation signal or a sound sensor deactivation signal to an earpiece sound sensor component of the earpiece device as claimed since there are a finite number of identified, predictable potential solutions i.e., transmit at least one of a reference sound sensor activation signal or a sound sensor deactivation signal to an sound sensor component of the respiratory protective device; transmit at least one of a reference sound sensor activation signal or a sound sensor deactivation signal to an earpiece sound sensor component of the earpiece device to the recognized need (i.e., modifying), and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. The motivation is in order to provide additional awareness in an outdoor environment, as suggested by Adams in paragraph [0211].
However, Adams does not explicitly disclose wherein the earpiece connector component comprises a connector plug that is detachably connected to a connector receptacle disposed on an outer surface of the respiratory protective device.
Adams further teaches FIG. 6F illustrates an example embodiment of a non-removable earbud having a wire connected to the face covering body (see FIG. 6F, par [0016], see Adams). FIGS. 6A-6C illustrates an example embodiment of the audio subsystem 600, which may be a pair of built-in high sound quality Bluetooth earbuds 612, 614 that are coupled to the face covering body 200. In some embodiments, each of the earbuds 612, 614 may be configured to be removably secured at a magnetic docking station 622, 624 that is coupled to the attachment member 150 of the smart mask 100 (see Figs. 6A-6F, par [0176], see Adams). In another embodiment, FIGS. 9M and 9N illustrate both sides of an example printed circuit board (PCB) having various connectors. The PCB may include a 20-pin FPC connector, a battery connector, a fan connector, a LED ring connector, and an earbud connector. In embodiments, there is a 4 mm clearance in front of each connector in the connector plug direction (see “Earphone Jack”, i.e., receptacle, in Fig. 9M, par [0224], see Adams).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, those of ordinary skill in the art to make wherein the earpiece connector component comprises a connector plug that is detachably connected to a connector receptacle disposed on an outer surface of the respiratory protective device since it is prima facie obvious in the absence of new or unexpected results to separate a non-removable earbud having a wire and to utilize earbud connector together with connector plug connected to the face covering body of Adams. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); and Boston Scientific Scimed, Inc. v. Cordis Corp. (2008-1073). The motivation is in order to provide additional awareness in an outdoor environment, as suggested by Adams in paragraph [0211].
Regarding claim 3, Adams teaches the respiratory protective device of claim 1, wherein the respiratory protective device comprises a device power source component (Note, even though the embodiments illustrated in the figures use rechargeable batteries, it is not necessary that rechargeable batteries are required. In some embodiments, the smart mask 100 may be configured to be powered by disposable batteries, par [0181], see Adams) and a device data communication component (antenna, par [0178], FIG. 6D; In some embodiments, the network interface(s) is configured to connect to a user terminal (e.g., a mobile device) and/or a cloud service to transmit status data and/or grant control of the smart mask 100 to the user terminal. For example, the user terminal may be required to install a mobile app associated with the smart mask 100. After installing the mobile app, the user terminal is allowed to receive various status data and sensor data from the smart mask 100, Fig. 1, see par [0182], see Adams), wherein the earpiece connector component comprises:
at least one power cable (electronically coupled to the device power source component (A charging cable is inserted into the charging port configured to charge the batteries coupled to the circuit board. Various electrical cords, conductive tracks 257, and/or pads are configured to connect the batteries, the circuit board, the fans 252, 254, the ANC microphone, the audio subsystem, and/or control buttons to each other, Fig. 2k, par [0144], see Adams);
at least one data cable (hardwired, data links, network par [0241] ) electronically coupled to the device data communication component (A “network” is defined as one or more data links that enable the transport of electronic data between computing systems and/or modules and/or other electronic devices. When information is transferred or provided over a network or another communications connection (either hardwired, wireless, or a combination of hardwired or wireless) to a computing system, the computing system properly views the connection as a transmission medium. Transmission media can include a network and/or data links which can be used to carry desired program code means in the form of computer-executable instructions or data structures and which can be accessed by a general-purpose or special-purpose computing system, par [0241], see Adams); and
an earpiece receptacle (FIG. 9D illustrates an example embodiment that a female connector part is on the circuit board, and a male connector part is on the FPC, Fig. 9D, par [0104]; Further, as illustrated in FIG. 9D, a female connector part is on the printed circuit board, and a male connector part is on the FPC connectors, par [0203]) comprising at least one power charging pin (see Pin 11, Tables 1, 2, FPC connectors, [0202], see Adams) and at least one data transfer pin (see pin 19 RX for UART, 20 TX for UART, see Table 1, [0201]), wherein the at least one power charging pin is electronically coupled to the at least one power cable (A charging cable is inserted into the charging port configured to charge the batteries coupled to the circuit board. Various electrical cords, conductive tracks 257, and/or pads are configured to connect the batteries, the circuit board, the fans 252, 254, the ANC microphone, the audio subsystem, and/or control buttons to each other, Fig. 2K, par [0144]; Various FPC connectors may be used to connect the audio subsystem and the mask subsystem. Table-1 (below) illustrates a list of FPC connectors that may be included for connecting the audio subsystem and the mask subsystem, FPC connectors), wherein the at least one data transfer pin (see pin 19 RX for UART, 20 TX for UART, see Table 1, [0201]) is electronically coupled to the at least one data cable (the network interface(s) is configured to connect to a user terminal (e.g., a mobile device) and/or a cloud service to transmit status data and/or grant control of the smart mask 100 to the user terminal (par [0182]). A "network" is defined as one or more data links that enable the transport of electronic data between computing systems and/or modules and/or other electronic devices. When information is transferred or provided over a network or another communications connection (either hardwired, wireless, or a combination of hardwired or wireless) to a computing system, the computing system properly views the connection as a transmission medium (see [0236], see Adams).
Regarding claim 4, Adams teaches the respiratory protective device of claim 3, wherein the earpiece device comprises at least one power connector contact (see female contacts in Fig, 9D) and at least one data connector contact (see female contacts in Fig, 9D), wherein, when the at least one power charging pin (see Pin 11, Tables 1, 2, FPC connectors, [0202], see Adams) is electronically coupled to the at least one power connector contact (see female contacts in Fig, 9D), the earpiece connector component is configured to generate the earpiece connection signal (Further, as illustrated in FIG. 9D, a female connector part is on the printed circuit board, and a male connector part is on the FPC connectors. FIG. 9E further illustrates a schematic diagram of the FPC connectors that connects the audio subsystem and the mask subsystem, par [0203], see Adams).
Regarding claim 5, Adams teaches the respiratory protective device of claim 1, wherein, in response to receiving the earpiece connection signal from the earpiece connector component, the main controller component (one or more controller(s) 750, FIG. 7, par [0183] see Adams) is configured to:
determine whether a noise reduction indication (from a noise reduction subsystem 180, Fig. 1, pars [0121], [0122]) is received by the main controller component (In some embodiments, the audio subsystem 770 also includes an ANC subsystem 774. The ANC subsystem 774 includes an ANC microphone configured to receive voice inputs and/or surrounding noise. The surrounding noise is used to generate feedback or feedforward to the audio subsystem 770, such that the audio subsystem 770 can emit a sound wave with the same amplitude but with inverted phase to the surrounding noise to cancel out the surrounding noise. The one or more controller(s) 750 is further configured to turn on and off the ANC subsystem 774. In some embodiments, when the ANC subsystem 774 is turned off, the microphone 776 can still be used as a regular microphone configured to receive and process voice command(s) from a user. In some embodiments, more than one microphone is implemented in the audio subsystem 770. At least one of the microphones is part of the ANC subsystem 774, and at least another one of the microphones is used for receiving voice from users, Fig. 7, [0189], see Adams).
Regarding claim 6, Adams teaches the respiratory protective device of claim 5, wherein the main controller component (one or more controller(s) 750, FIG. 7, par [0183] see Adams) is configured to:
in response to determining that the noise reduction indication is received by the main controller component, transmit the reference sound sensor activation signal (from voice microphone; the audio subsystem 120 may also include one or more microphones configured to receive user's voice, allowing the user to give voice commands, receive phone calls, or perform other functions that requires a microphone, see par [0122]) to the earpiece sound sensor component of the earpiece device (The noise reduction subsystem 180 includes a noise reduction microphone configured to receive surrounding noise (including, but not limited to, noise generated by the fans of the air circulation subsystem, or noise generated by vehicle, airplane, or any surrounding machine) and provide feedback or feedforward to the audio subsystem 120 to cause the audio subsystem 120 to emit a sound wave with the same amplitude of the surrounding noise but with inverted phase to the surrounding noise to cancel out the surrounding noise, [0123], see Adams).
Regarding claim 7, Adams teaches the respiratory protective device of claim 5, wherein the main controller component (one or more controller(s) 750, FIG. 7, par [0183] see Adams) is configured to:
in response to determining that the noise reduction indication is not received by the main controller component, transmit the sound sensor deactivation signal to the earpiece sound sensor component of the earpiece device (the ANC microphone 249, Fig. 2E, par [0138]; will be deactivated when the ANC subsystem 774, Fig. 7 is turned off; In some embodiments, the audio subsystem 770 also includes an ANC subsystem 774. The ANC subsystem 774 includes an ANC microphone configured to receive voice inputs and/or surrounding noise. The surrounding noise is used to generate feedback or feedforward to the audio subsystem 770, such that the audio subsystem 770 can emit a sound wave with the same amplitude but with inverted phase to the surrounding noise to cancel out the surrounding noise. The one or more controller(s) 750 is further configured to turn on and off the ANC subsystem 774. In some embodiments, when the ANC subsystem 774 is turned off, the microphone 776 can still be used as a regular microphone configured to receive and process voice command(s) from a user. In some embodiments, more than one microphone is implemented in the audio subsystem 770. At least one of the microphones is part of the ANC subsystem 774, and at least another one of the microphones is used for receiving voice from users, Fig. 7, par [0189], see Adams).
Regarding claim 8, Adams teaches the respiratory protective device of claim 1, wherein the earpiece device comprises an earpiece power source component, wherein the respiratory protective device comprises a device power source component (Note, even though the embodiments illustrated in the figures use rechargeable batteries, it is not necessary that rechargeable batteries are required. In some embodiments, the smart mask 100 may be configured to be powered by disposable batteries, par [0181], see Adams), wherein the main controller component is configured to:
in response to receiving the earpiece connection signal from the earpiece connector component, transmit a power charging signal (via power charging pin (see Pin 11, Tables 1, 2, FPC connectors, [0202], see Adams) to the device power source component to cause the device power source component to charge the earpiece power source component of the earpiece device (the smart mask includes a power source 760 (Fig. 7, par [0183]), each earbud of the earbuds pair may be powered by separate set of batteries and the batteries are rechargeable via charged port(s) 762, Fig. 7 (par [0192]) . Note, even though the embodiments illustrated in the figures use rechargeable batteries, it is not necessary that rechargeable batteries are required. In some embodiments, the smart mask 100 may be configured to be powered by disposable batteries, par [0181], see Adams).
Regarding claim 9, Adams teaches the respiratory protective device of claim 1, wherein the earpiece device comprises an earpiece data communication component (the one or more speakers or earbuds 772 are Bluetooth speakers or Bluetooth earbuds that are configured to receive sound signals from a user terminal via BLE beacons, Fig. 7, par 0188]), wherein the respiratory protective device comprises a device data communication component (antenna, par [0178], FIG. 6D), wherein the main controller component (one or more controller(s) 750, FIG. 7, par [0183] see Adams) is configured to:
in response to receiving the earpiece connection signal from the earpiece connector component (a single tap at a control button (or any control buttons) would allow the user to accept phone calls, par [0177]):
transmit a data communication activation signal (via antenna, par [0178], main controller component FIG. 6D) to the device data communication component antenna, par [0178], main controller component FIG. 6D; and
transmit a data communication deactivation signal (via antenna, par [0178], main controller component FIG. 6D) to the earpiece data communication component (the one or more speakers or earbuds 772 are Bluetooth speakers or Bluetooth earbuds that are configured to receive sound signals from a user terminal via BLE beacons, Fig. 7, par 0188]; data component can be implement in hardware, such as within FPGA or ASIC, and data for communication can be manipulated for communication or not, see par [0237]; In some embodiments, the multi-function control button is also configured to control ANC related functions, such as switching the audio subsystem between ANC mode, ambient mode, or off mode. In some embodiments, ANC and ambient modes may also be controlled by voice commands via Bluetooth to the audio subsystem board, Fig. 9G, par [0208] see Adams).
Regarding claim 10, Adams teaches the respiratory protective device of claim 1, wherein the earpiece device comprises an earpiece data communication component (the one or more speakers or earbuds 772 are Bluetooth speakers or Bluetooth earbuds that are configured to receive sound signals from a user terminal via BLE beacons, Fig. 7, par 0188]), wherein the respiratory protective device comprises a device data communication component (antenna, par [0178], main controller component FIG. 6D), wherein the main controller component is configured to:
in response to receiving the earpiece connection signal (from voice microphone; the audio subsystem 120 may also include one or more microphones configured to receive user's voice, allowing the user to give voice commands, receive phone calls, or perform other functions that requires a microphone, see par [0122]) from the earpiece connector component (FPC connectors, see Fig. 9D, par [0201]) detachably connected to the respiratory protective device (smart mask 100, FIG. 1A, par [0120]) :
transmit a data communication deactivation signal (via antenna, par [0178], main controller component FIG. 6D) to the device data communication component (antenna, par [0178], main controller component FIG. 6D); and
transmit a data communication activation signal (via antenna, par [0178], main controller component FIG. 6D) to the earpiece data communication component voice microphone; the audio subsystem 120 may also include one or more microphones configured to receive user's voice, allowing the user to give voice commands, receive phone calls, or perform other functions that requires a microphone, see par [0122]; data component can be implement in hardware, such as within FPGA or ASIC, and data for communication can be manipulated for communication or not, see par [0237]; In some embodiments, the multi-function control button is also configured to control ANC related functions, such as switching the audio subsystem between ANC mode, ambient mode, or off mode. In some embodiments, ANC and ambient modes may also be controlled by voice commands via Bluetooth to the audio subsystem board, Fig. 9G, par [0208], see Adams).
Regarding claim 11, this claim has similar limitations to the apparatus claim of Claim 1 and is therefore rejected for the same reasons.
Regarding claim 13, this claim has similar limitations to the apparatus claim of Claim 3 and is therefore rejected for the same reasons.
Regarding claim 14, this claim has similar limitations to the apparatus claim of Claim 4 and is therefore rejected for the same reasons.
Regarding claim 15, this claim has similar limitations to the apparatus claim of Claim 5 and is therefore rejected for the same reasons.
Regarding claim 16, this claim has similar limitations to the apparatus claim of Claim 6 and is therefore rejected for the same reasons.
Regarding claim 17, this claim has similar limitations to the apparatus claim of Claim 7 and is therefore rejected for the same reasons.
Regarding claim 18, this claim has similar limitations to the apparatus claim of Claim 8 and is therefore rejected for the same reasons.
Regarding claim 19, this claim has similar limitations to the apparatus claim of Claim 9 and is therefore rejected for the same reasons.
Regarding claim 20, this claim has similar limitations to the apparatus claim of Claim 10 and is therefore rejected for the same reasons.
Response to Amendment
6. Applicant's arguments with respect to claims 1, 3-11, and 13-20 have been considered but are moot in view of the new grounds of rejection.
7. Applicant asserts on page 8 last paragraph to page 9 first paragraph, regarding amended claim 1:
Applicant respectfully traverses the Examiner's conclusions of obviousness with respect to previously-presented claim 2. As an initial matter, Applicant submits that previously- presented claim 2 recited more than a ‘removable or separable’ feature. Previously-presented claim 2 recited structural features of “the earpiece connector component comprises a connector plug” and “a connector receptacle... of the respiratory protective device”. Previously-presented claim 2 further recited the relative locations of the features “a connector receptacle disposed on an outer surface of the respiratory device.” Thus, the limitations of previously-presented claim 2 recite more than the mere 'separation' of the earpiece connector from the respiratory protective mask, and therefore, the Examiner's utilization legal precedent, per MPEP 2144.04(V)(C) (“Making Separable”), is insufficient to sustain the rejection under 35 U.S.C. § 103.
Examiner respectfully disagrees since in addition to legal precedent “Making Separable”, according to Boston Scientific Scimed, Inc. v. Cordis Corp. (2008-1073), Examiners can combine features from different embodiments described in one reference to show obviousness. As presented above in the Office Action Adams further teaches FIG. 6F illustrates an example embodiment of a non-removable earbud having a wire connected to the face covering body (see FIG. 6F, par [0016], see Adams). FIGS. 6A-6C illustrates an example embodiment of the audio subsystem 600, which may be a pair of built-in high sound quality Bluetooth earbuds 612, 614 that are coupled to the face covering body 200. In some embodiments, each of the earbuds 612, 614 may be configured to be removably secured at a magnetic docking station 622, 624 that is coupled to the attachment member 150 of the smart mask 100 (see Figs. 6A-6F, par [0176], see Adams). In another embodiment, FIGS. 9M and 9N illustrate both sides of an example printed circuit board (PCB) having various connectors. The PCB may include a 20-pin FPC connector, a battery connector, a fan connector, a LED ring connector, and an earbud connector. In embodiments, there is a 4 mm clearance in front of each connector in the connector plug direction (see “Earphone Jack”, i.e., receptacle, in Fig. 9M, par [0224], see Adams).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, those of ordinary skill in the art to make wherein the earpiece connector component comprises a connector plug that is detachably connected to a connector receptacle disposed on an outer surface of the respiratory protective device since it is prima facie obvious in the absence of new or unexpected results to separate a non-removable earbud having a wire and to utilize earbud connector together with connector plug connected to the face covering body of Adams. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); and Boston Scientific Scimed, Inc. v. Cordis Corp. (2008-1073). The motivation is in order to provide additional awareness in an outdoor environment, as suggested by Adams in paragraph [0211].
8. Applicant further asserts on page 9, regarding amended claim 1:
Further, the technical problems solved via the distinguishing features of previously- presented claim 2 extend beyond the mere 'separation' of the earpiece connector from the respiratory protective mask. Applicant's originally-filed description, paragraph [0049], describes the technical problems and benefits of the distinguishing features of previously-presented claim 2. For instance, under changing work environments, the needs of the user may change (e.g., requiring only earbuds or only the mask), and thus, the user can efficiently attach or detach earbuds via engagement on the outer surface of the mask. The earbuds can be independently operable without the mask (e.g., to enable communication with others), and the mask can be independently operable without the earbuds (e.g., for respiratory protection) for improved versatility under changing conditions. Therefore, the Examiner's utilization legal precedent, per MPEP 2144.04(V)(C) (“Making Separable”), is insufficient to sustain the rejection under 35 U.S.C. § 103.
Examiner respectfully disagrees since it is noted that the technical problems and benefits are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181,26 USPQ2d 1057 (Fed. Cir. 1993).
Thus, the claims remain rejected.
Conclusion
9. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CON P TRAN whose telephone number is (571) 272-7532. The examiner can normally be reached M-F (08:30 AM- 05:00 PM) ET.
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695