CTNF 18/560,649 CTNF 99351 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgement is made to Applicant's claim to priority to PCT/EP2022/063109 filed 5/13/2022 and U.S. Provisional App. No. 63/188,433 filed 5/13/2021. Claim Objections 07-29-01 AIA Claim 2-20 objected to because of the following informalities: Dependent claims 2-20 start “The assembly”. This should read --The protective face mask assembly--. Claim 5 and 14-15 recites the limitation “the outlet”. This should read --the air outlet--. Claim 7 recites “The assembly of claim 6”, line 1. This should read --The assembly of claim 6,--. Claims 12-13, 16, and 20 also appear to be missing a comma after the claim number. Claim 15 recites the limitation “the inlet”, line 6. This should read --the air inlet--. Claim 15 recites the limitation “an outlet static pressure sensor, wherein the processor is further configured to control the speed of the fans of the inlet and the outlet”, line 5-7. This should read --the outlet static pressure sensor, wherein the processor is further configured to control a speed of the first fan and the second fan --. Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 4 and 15 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 4 recites the limitation "the filter" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this limitation is referring to the inlet filter, the outlet filter, or a new “filter” limitation. For the purposes of this Office Action, this limitation will be interpreted as referring to the inlet filter introduced in claim 2. Claim 15 recites “an inlet static pressure sensor and an outlet static pressure sensor positioned proximate to the first fan and the second fan”, line 2-3. It is unclear if an inlet static pressure sensor and an outlet static pressure sensor are provided for both the first and second fans or provided for the first and second fans, respectively. For the purposes of this Office Action, this limitation is interpreted as --an inlet static pressure sensor positioned proximate to the first fan and an outlet static pressure sensor positioned proximate to the second fan--. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 1-3, 5-6, 8, 10-11, 13-14, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma (US 20220039492 A1) in view of Hall et al. (US 20220016450 A1), hereafter Hall . Regarding claim 1, Ma discloses a protective face mask assembly (mask body 100; Fig. 1) , comprising: a housing sized and configured to fit onto a head of a user (front mask body 110 which covers the head of a person wearing the mask; Fig. 1-2, par. 0029) , the housing having a lateral left portion (Fig. 3 shows front mask body having a left side at 150) and a lateral right portion (Fig. 3 shows the front mask body having a right side at 160) ; a visor (transparent face mask part 140; Fig. 1-3) supported by a frame (Fig. 2 shows a frame surrounding the visor 140) , the visor and frame forming a sealed structure (face mask part 140 is used to seal the window; par. 0036) ; a chamber defined by the housing and the frame (accommodating cavity 130; Fig. 2) ; a first opening formed along the left lateral portion configured as an air inlet (air inlet channel 150; Fig. 3, par. 0029) ; and, a second opening formed along the right lateral portion configured as an air outlet (air outlet channel 160; Fig. 3, par. 0029) ; wherein the first opening and the second opening are in fluid communication with the chamber (the air inlet channel 150 and the air outlet channel 160 are connected to the head accommodating cavity 130; Fig. 2-3, par. 0029). Ma does not explicitly disclose a plurality of first openings and a plurality of second openings. Hall teaches a filtering head covering device (HCD 102; Fig. 1) wherein the inlet may comprise a plurality of openings or a single opening as long as proper air flow can be achieved (par. 0124). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma to have a plurality of openings since Hall teaches that an inlet may have a plurality of openings. In addition, Applicant appears to place no criticality on having a plurality of openings (Applicant specification par. 0033). Regarding claim 2, the modified Ma discloses the assembly of claim 1 (shown above) , further comprising an inlet filter proximate the plurality of first openings (screen 330 at inlet channel 150; Ma Fig. 4, par. 0031). Regarding claim 3, the modified Ma discloses the assembly of claim 1 (shown above) , further comprising an outlet filter proximate the plurality of second openings (screen 330 at outlet channel 160; Ma Fig. 4, par. 0031). Regarding claim 5, the modified Ma discloses the assembly of claim 1 (shown above) , wherein air flows from the inlet across a surface of the visor within the chamber to the outlet (Ma Fig. 4 shows the air flows in inlet channel 150 and out the outlet channel 160; par. 0031) , wherein the chamber is airtight when worn by the user (head accommodating cavity 130 is sealed to prevent outside air from entering; Ma par. 0036). Regarding claim 6, the modified Ma discloses the assembly of claim 1 (shown above) , wherein the frame is movable between a closed position and an open position (mask 140 is rotatable between an open and closed position; Ma par. 0036). Regarding claim 8, the modified Ma discloses the assembly of claim 1 (shown above) , wherein the visor is supported by the frame (visor 140 is surrounded by a frame; Ma Fig. 1-3). Regarding claim 10, the modified Ma discloses the assembly of claim 1 (shown above). The modified Ma does not disclose wherein the visor is removable from the frame . Hall teaches a face shield can be detachable from the frame (par. 0093, 0116). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma wherein the visor is removable from the frame as taught by Hall. This would provide the benefit of being able to replace the visor as necessary. Regarding claim 11, the modified Ma discloses the assembly of claim 10 (shown above). The modified Ma does not explicitly disclose wherein a sealant is positioned between the visor and the frame. Hall teaches a mask wherein a rubber gasket can be located between a visor and a frame (par. 0116) for the purpose of providing an airtight seal (par. 0116). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma to include a sealant as taught by Hall for the purpose of providing an airtight seal (Hall par. 0116). Regarding claim 13, the modified Ma discloses the assembly of claim 1 (shown above) , further comprising speakers located along an interior wall of the housing (speaker 710 disposed in the head accommodating cavity 130; Fig. 6, par. 0039). Regarding claim 14, the modified Ma discloses the assembly of claim 1 (shown above) , wherein the air inlet includes a first fan (air supply device 300; Fig. 4, par. 0031) , and the outlet includes a second fan (air supply device 310; Fig. 4, par. 0031). Regarding claim 16, the modified Ma discloses the assembly of claim 1 (shown above) , further comprising a processor and memory (controller 220 for controlling electronic components, as seen in Fig. 6, and storing preset values, as disclosed in par. 0030). Regarding claim 17, the modified Ma discloses the assembly of claim 16 (shown above) , wherein the processor is configured to connect to a smart device by use of a network (wireless communicator 800 connects controller 220 to a smart phone; Fig. 6, par. 0041). Regarding claim 18, the modified Ma discloses the assembly of claim 17 (shown above) , wherein the processor is connected to one or more sensors including one or more of an ambient light sensor, a temperature sensor, or a biosensor (controller 220 is connected to temperature sensor 210; Fig. 6, par. 0030). Regarding claim 19, the modified Ma discloses the assembly of claim 18 (shown above) , wherein the processor is configured to receive data from the one or more sensors and transmit data to the smart device via the network (temperature sensor 210 monitors temperature and controller transmit data to smart phone; Fig. 6, par. 0030, 0041) . 07-22-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hall as applied to claim 2 above, and further in view of Fulbrook (US 11452793 B1) . Regarding claim 4, the modified Ma discloses t he assembly of claim 2 (shown above). The modified Ma does not disclose wherein the filter is a UV filter . Fulbrook teaches a mask with a UV disinfecting system and a screen filter for the purpose of destroying pathogens as well as filtering particulates (col. 10 ln 21-59, col. 11 ln 16-35). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma to have a UV filter as taught by Fulbrook for the purpose of destroying pathogens and filtering particulates (Fulbrook col. 10 ln 21-59, col. 11 ln 16-35) . 07-22-aia AIA Claim (s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hall as applied to claim 6 above, and further in view of Taylor (WO 2022008539 A1) . Regarding claim 7, the modified Ma discloses the assembly of claim 6 (shown above). The modified Ma does not disclose further comprising a flexible midsection connecting the frame to the housing . Taylor discloses a mask apparatus (10; Fig. 1) comprising a flexible midsection connecting the frame to the housing (a seal 69 surrounds the frame 62 to seal to the rigid housing 40; Fig. 6-8, pg. 13 ln 20-42) for the purpose of ensuring a good seal between the frame and the housing (pg. 13 ln 20-42). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma to include a flexible midsection connecting the frame to the housing as taught by Taylor for the purpose of ensuring a good seal (Taylor pg. 13 ln 20-42) . 07-22-aia AIA Claim (s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hall as applied to claim 1 above, and further in view of Sannicandro (US 20220249882 A1) . Regarding claim 12, the modified Ma discloses the assembly of claim 1 (shown above), further comprising a canopy providing a secure fit of the assembly to the head of the user (a soft pad 180 matches the shape of the human head; Ma Fig. 4, par. 0035). The modified Ma does not explicitly disclose a textile mesh canopy. Sannicandro teaches a mask wherein a soft padding can be a fabric (Fig. 2, par. 0062). The only difference in the prior art and the claimed device is the substitution of the canopy material. The substituted components and their functions are well known in the art and one of ordinary skill in the art could have substituted the soft pad of Ma with the fabric padding taught by Sannicandro and the results of the substitution would have been predictable. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Ma such that the canopy is a textile mesh as taught by Sannicandro as the courts have held that simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) . 07-22-aia AIA Claim (s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hall as applied to claim 14 above, and further in view of Angel et al. (US 20220161068 A1), hereafter Angel . Regarding claim 15, the modified Ma discloses the assembly of claim 14 (shown above) , wherein the face mask is configured as a Powered Air Purifier Respirator (fans 300 and 310 are powered to filter the air; par. 0031). Ma does not explicitly disclose wherein an inlet static pressure sensor and an outlet static pressure sensor positioned proximate to the first fan and the second fan, wherein the inlet static pressure sensor and the outlet static pressure sensor is in communication with a processor, the processor configured to receive static pressure data from the inlet static pressure sensor and an outlet static pressure sensor, wherein the processor is further configured to control the speed of the fans of the inlet and the outlet . Angel teaches a respiratory mask (abstract) comprising an inlet static pressure sensor and an outlet static pressure sensor proximate to a fan (pressure sensors at blower inlet and blower outlet; par. 0065), wherein the pressure sensors are in communication with a processor to control the speed of the fans (par. 0065) for the purpose of maintaining a desired pressure within the mask (par. 0065). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma to include pressure sensors as taught by Angel for the purpose of maintaining a desired pressure within the mask (Angel par. 0065) . 07-22-aia AIA Claim (s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hall as applied to claim 1 above, and further in view of Lane (US 20210353971 A1) . Regarding claim 20, the modified Ma discloses the assembly of claim 1 (shown above). The modified Ma does not disclose a check valve positioned between the outlet and the chamber . Lane teaches a mask with a one-way valve on the exhaust (par. 0117) for the purpose of preventing external air from entering through the outlet (par. 0117). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Ma to comprise a check valve as taught by Lane for the purpose of preventing external air from entering through the outlet (Lane par. 0117) . 07-21-aia AIA Claim (s) 1-2 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blakeman et al. (WO 2021089626 A1), hereafter Blakeman in view of Ma . Regarding claim 1, Blakeman discloses a protective face mask assembly (air purifying respirator 10; Fig. 1-2a-d) , comprising: a housing sized and configured to fit onto a head of a user (casing 12; Fig. 2a) , the housing having a lateral left portion (casing 12 around left unit 14; Fig. 2b) and a lateral right portion (casing 12 around right unit 14; Fig. 2b) ; a visor (face-shield 30; Fig. 3) supported by a frame (face-seal 60; Fig. 4d) , the visor and frame forming a sealed structure (face-seal 60 forms an enclosed volume; pg. 17 ln 6-9) ; a chamber defined by the housing and the frame (face-seal 60 forms an enclosed volume which is bound by the casing 12 along the top, as seen in Fig. 2b; pg. 17 ln 6-9) ; a plurality of first openings formed along the left lateral portion configured as an air inlet (left filtration unit 14 has a plurality of openings and allows air in from the outside; Fig. 2b, pg. 2 ln 1-18) ; and, a plurality of second openings formed along the right lateral portion configured as an air outlet (openings at right filtration unit 14 let air out into the mask; Fig. 2a, pg. 2 ln 1-18) ; wherein the plurality of first openings and the plurality of second openings are in fluid communication with the chamber (both left and right filtration units 14 allow air in from the environment into the mask; pg. 2 ln 14-18). Blakeman does not disclose the air outlet is configured as an outlet of air from the mask. Blakeman discloses a one-way valve (valve 64, Fig. 2c) to let air out of the mask. Ma teaches a mask with an air inlet on the left side of the housing (air inlet channel 150; Fig. 3, par. 0029) and an air outlet on the right side of the housing (air outlet channel 160; Fig. 3, par. 0029). This arrangement of Ma allows air to be filtered before exiting the mask into the environment (par. 0031). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Blakeman to arrange the inlet and the outlet as taught by Ma for the purpose of filtering the air as it exits the mask (Ma par. 0031). Regarding claim 2, the modified Blakeman discloses the assembly of claim 1 (shown above) , further comprising an inlet filter proximate the plurality of first openings (filter cartridge inside filtration unit 14; Blakeman pg. 10 ln 6-11). Regarding claim 8, the modified Blakeman discloses the assembly of claim 1 (shown above) , wherein the visor is supported by the frame (visor 30 is surrounded by seal 60; Blakeman Fig. 2b). Regarding claim 9, the modified Blakeman discloses the assembly of claim 8 (shown above) , wherein the frame includes a sealing member integral to the frame configured to urge the visor and the frame towards a face of the user creating an air-tight fit (face seal 60 includes portion 66 conforms with contour of user’s face to ensure airtight volume; Fig. 3, pg. 18 ln 8-14). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY RHEE whose telephone number is (703)756-5954. The examiner can normally be reached Monday through Friday, 10:00 AM to 6:00 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRANDY LEE can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /K.R./Examiner, Art Unit 3785 /BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785 Application/Control Number: 18/560,649 Page 2 Art Unit: 3785 Application/Control Number: 18/560,649 Page 3 Art Unit: 3785 Application/Control Number: 18/560,649 Page 4 Art Unit: 3785 Application/Control Number: 18/560,649 Page 5 Art Unit: 3785 Application/Control Number: 18/560,649 Page 6 Art Unit: 3785 Application/Control Number: 18/560,649 Page 7 Art Unit: 3785 Application/Control Number: 18/560,649 Page 8 Art Unit: 3785 Application/Control Number: 18/560,649 Page 9 Art Unit: 3785 Application/Control Number: 18/560,649 Page 10 Art Unit: 3785 Application/Control Number: 18/560,649 Page 11 Art Unit: 3785 Application/Control Number: 18/560,649 Page 12 Art Unit: 3785